S8166 CONGRESSIONAL RECORD — SENATE June 21, 2007 troops are getting killed; 14 more brave Under the previous order, the Senate spending, it taxes an additional $28.6 American soldiers. will resume consideration of H.R. 6, billion. But the problems aren’t just in Iraq. which the clerk will report. Somebody has to end up paying that The Middle East is engulfed in civil The assistant legislative clerk read tax. Most people in America know that war in Lebanon, civil war in Iraq, civil as follows: when you put a tax on a business, that war among the Palestinians. The A bill (H.R. 6) to reduce our Nation’s de- gets passed on to the consumers who Israelis do not know where to turn. pendency on foreign oil by investing in buy the product—in this case, gasoline. Iran is thumbing its nose at us. clean, renewable, and alternative energy re- So instead of reducing gasoline prices, That is why we have fought so hard, sources, promoting new emerging energy this bill, if the underlying amendment as Democrats, and will continue to technologies, developing greater efficiency, passes, is going to add to the cost of fight, to change the course in Iraq. We and creating a Strategic Energy Efficiency gasoline. and Renewables Reserve to invest in alter- Yesterday I mentioned a Heritage need a new mission, one that is aligned native energy, and for other purposes. with our strategic interests. We need Foundation study that confirmed that Pending: to begin redeploying our troops from what I was saying was not simply my Iraq so we can reduce our large combat Reid amendment No. 1502, in the nature of opinion but the facts as a result of a footprint and extricate forces from this a substitute. study that the Heritage Foundation Reid (for Bingaman) amendment No. 1537 had done. I would like to expand on Civil War. (to amendment No. 1502), to provide for a re- We need more than two Republicans that a little bit because we actually newable portfolio standard. have the figures for two States, the to help us. We have had two, and I so Klobuchar (for Bingaman) amendment No. appreciate that. They made it so we 1573 (to amendment No. 1537), to provide for State of the chairman of the com- were able to pass a bill, send it to the a renewable portfolio standard. mittee, Montana, and my State of Ari- President, and he vetoed it. We need Bingaman (for Klobuchar) amendment No. zona, to illustrate the point. The study projects that gas prices in more. 1557 (to amendment No. 1502), to establish a Montana, for example, in May averaged I have signaled to my colleagues that national greenhouse gas registry. Corker amendment No. 1608 (to amendment at $3.17 per gallon. They would be $3.48 the Defense authorization bill will be No. 1502), to allow clean fuels to meet the re- per gallon next year as a result of the coming up shortly. We intend to wage newable fuel standard. Energy bill before the Senate. A Mon- our battle on Iraq, changing the course Cardin modified amendment No. 1520 (to tana taxpayer would see spending on of the war in Iraq. amendment No. 1502), to promote the energy gasoline increase by $1,632.95 next year, independence of the United States. f Collins amendment No. 1615 (to amend- as a result of the bill. In Arizona, we are paying about $3.09 SCHEDULE ment No. 1502), to provide for the develop- ment and coordination of a comprehensive per gallon. That would go up to $3.40 Mr. REID. This morning, under an and integrated U.S. research program that next year as a result of this bill, so Ari- order entered yesterday, the Senate assists the people of the United States and zona taxpayers will see spending on will resume the energy legislation. We the world to understand, assess, and predict gasoline increase by $1,140.51 next year will have 70 minutes of debate on the human-induced and natural processes of ab- as a result of this Energy bill. That is matter of the Kyl amendment, which is rupt climate change. a huge increase in consumers’ payment No. 1733, and a motion to invoke clo- Baucus amendment No. 1704 (to amend- for gasoline. When we realize that for ture on the Baucus-Grassley energy tax ment No. 1502), to amend the Internal Rev- enue Code of 1986 to provide for energy ad- many people driving is not a luxury, it amendment, with that time equally di- vancement and investment. is a requirement—to get to work or vided and controlled. Once the time is Kyl-Lott modified amendment No. 1733 (to perform work—it is clear we are cost- used or yielded back, the Senate will amendment No. 1704), to provide a condition ing the American consumer a huge conduct two rollcall votes: The first precedent for the effective date of the rev- amount of money that is important for vote will be in relation to the Kyl enue raisers. our economy and for them to make a amendment, followed by cloture on the The ACTING PRESIDENT pro tem- living. That is an unintended con- Baucus-Grassley amendment. As Mem- pore. Under the previous order, there sequence of the tax increases embodied bers are aware, if cloture is invoked on will now be 70 minutes of debate equal- in this bill but real nevertheless. the Baucus amendment, then post- ly divided prior to a vote in relation to What we are saying is, if that is the cloture time runs and the second-de- amendment No. 1733, offered by the result of tax increases, then those tax gree amendments which have been Senator from Arizona, Mr. KYL, and increases would not go into effect. I timely filed and are germane the motion to invoke cloture on think that is an important principle postcloture are in order. The filing amendment No. 1704, offered by the for us to establish. I would like to respond to a couple of deadline for germane second-degree Senator from Montana, Mr. BAUCUS. amendments is 11 a.m. this morning, 20 The Senator from Arizona is recog- points made by opponents of my minutes from now. nized. amendment. The chairman of the Fi- nance Committee argued the tax in- The ACTING PRESIDENT pro tem- AMENDMENT NO. 1733 pore. The Senator from Arizona. creases in the underlying bill are sim- Mr. KYL. Mr. President, resuming ply loophole closers, but that is not f debate on the amendment which I of- true. The largest tax increase in the fered, the amendment is very straight- ORDER OF BUSINESS bill is a brandnew tax. It is not a loop- forward. It simply says that notwith- hole closer, it is a new 13-percent tax Mr. KYL. Mr. President, to advise standing the tax increases, $28.6 billion on new oil production in the Gulf of those on the other side how Senator in tax increases in the amendment Mexico. How is that going to help bring DOMENICI and I intend to divide our pending on the floor, they shall not down gasoline prices? I suggest it is time, I have 15 minutes. I think what I take effect unless the Secretary of En- not. It will help to raise prices. will do is take 5 minutes right now and ergy certifies that those tax increases The second largest tax increase in then defer to Senator DOMENICI for his will not increase retail gasoline prices the bill raises the corporate tax rate. 20 minutes. Then I will conclude. Of or the reliance of the United States on That is not a loophole closer either, it course, the majority will be fitting foreign sources of energy. is simply needed to pay for the other their time in there as well. That is The point of the amendment is to costs of the bill, so it was a ready what we intend to do. make it clear that sometimes tax in- source of revenue that they decided to f creases on business can be passed on to tap. consumers. If that happens in this case, This is a raise in the corporate tax CREATING LONG-TERM ENERGY we are going to see higher gasoline rate for oil and gas companies, which ALTERNATIVES FOR THE NA- prices at the pump, not lower prices. would then make it higher on those TION ACT OF 2007 One of the concerns many of us have companies than others in manufac- The ACTING PRESIDENT pro tem- with the underlying bill is it doesn’t turing—something we were trying to pore. Will the Senator suspend to allow produce any new energy. Yet it spends promote when we passed the bill 2 the Senate to report pending business. $28.5 billion. To make up for that years ago.

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8167 Raising the corporate tax rate is ob- I cast this vote, and I think it is an clean coal energy bonds are smart fi- viously not a loophole closer. I suggest informed vote based on my experience. nancial incentives, and those tax poli- when you raise marginal tax rates, you It is with a deep sense of responsibility cies complement many of the goals we either get less production or higher to do what is right, with a keen inter- have sought to achieve in the previous prices—more likely, both—not good re- est and understanding of energy policy, legislation. I think that is good. sults from raising taxes. because I have been forced to work on Supporting the great things that we Finally, the Senator from Oregon ar- it with many who know a lot about it. accomplished together in the Energy gued yesterday that with oil over $55 a With a real appreciation of the impor- bill 2 years ago made us all feel good. barrel, oil companies should not need tance of this vote, I will oppose clo- However, the tax incentives in this bill incentives to drill for new oil and gas. ture. focus on too narrow a field of energy I certainly agree with that; they do not The tax provisions in this bill will in- policy. The Finance Committee has re- need any new incentives to drill for oil crease the cost of gasoline at the pump ported this amendment with a pricetag and gas. I have always been against for Americans, increase electricity of $32.1 billion, a very large tax in- those kinds of targeted incentives or bills for families, and work severe crease. In a few minutes I will speak taxpayer subsidies for any form of en- hardship on our natural gas supply. Ad- about the troubling revenue-raising ergy. But imposing a new tax or raising ditionally, this amendment could seri- proposals in this amendment. the corporate rate is not the same ously harm our economy. The Federal But, first, I ask myself and I ask oth- thing as repealing targeted incentives, Reserve Chairman, Ben Bernanke, re- ers, so our people would get a feeling of which is what we should be doing. cently noted that: A significant in- what $32.1 billion is, what it can be bet- Moreover, with oil over $60 a barrel crease in energy prices can simulta- ter used for or what it might be used right now, renewable energy companies neously slow the economy, and raise for in the American economy if it were should not need any further taxpayer inflation. free to be invested or other things I cannot vote for that consequence. I subsidies either. The market is pro- bought with it: $32.1 billion would pur- urge that my colleagues not do so ei- viding all the incentives necessary to chase 15 biorefineries, 16,000 barrels- ther. I do not cast this vote lightly, produce hybrid cars and advanced per-day coal-to-liquid refineries, 5 gas- and I arrive at the decision after a fuels. oline refineries, and 4 nuclear power- great deal of reflection. There are These tax increases are not nec- plants, 10 bio-energy research centers, many good and important provisions essary. They are going to be counter- and 500 miles of transmission lines. contained in this amendment. In the Now, I am not suggesting we would productive to our economic growth. area of renewable energy, while there buy them with this bill, but I am sug- They are going to hurt our producers may be questions about how long cer- gesting that everyone should know the vis-a-vis foreign producers, they are tain tax credits should be extended, huge size of this tax, taken out of the going to further increase our depend- there should be no doubt that in the economy, and what it would invest in ence on foreign oil and, most impor- past I have supported renewable en- similar dollars, that it could invest in tantly, they are going to raise the cost ergy. the American economy. I just told you of gasoline at the pump for American In the Energy Policy Act of 2005, with what they were. consumers. Senator BINGAMAN, we passed the larg- We could use this money for commer- All my amendment says is if that est tax incentives for renewable en- cial demonstrations in oil shale, fund happens, then these tax increases ergy, a variety of renewable energies, demonstrations for energy from coal should not go into effect. If it doesn’t than we ever have in American history. using IGCC, and we all know we must have that effect, then the tax increases My friend and colleague Senator ALEX- do that. We do not have any money to would go into effect. ANDER has often referred to the bill do them, and we are having difficulty I urge my colleagues to support my that we passed as the ‘‘Clean Energy getting loans from the Government, amendment. Act.’’ He is right. In 2005, in the Energy and here we are taking $32 billion and I reserve the remainder of my time. Policy Act we provided renewable en- not providing anything for these kinds The ACTING PRESIDENT pro tem- ergy production tax credits, auto- of investments that we must do if we pore. The Senator from New Mexico. mobile tax credits, and we can keep are going to keep pace with China, Mr. DOMENICI. Mr. President, I rise going. We provided tax credits for en- which is going full speed ahead with all today to oppose the Baucus amend- ergy efficient improvements, biodiesel, of those things, including nuclear ment and urge my colleagues to vote and for ethanol. We included tax cred- power, and nuclear powerplants in this against cloture. its for installing alternative refueling country. We must get there also. There are only two things wrong with property, tax credits for the installa- But in the meantime, we are taking the Baucus amendment: One, it raises tion of solar. The world demanded an awful lot of revenue flow out of the taxes in the wrong places; and, sec- cleaner energy, and the Energy Policy economy, right away from the energy ondly, it spends these taxes on the Act answered the call. companies that know how to invest it, wrong policies. I want to make two Between 2004 and 2006, global private where to invest it, how to pick up re- points upfront before I start my re- capital investment in clean energy rose serves, and how to keep the price of oil marks. from around $30 billion to $60 billion a as much within bounds as the world When we speak of American big oil, year. It rose because we set the frame- market will permit. let me remind people that America’s work into law, and it was invested on Without question, the revenue-rais- five big oil companies hold less re- the private side. In the public market ing proposals in the amendment will serves than Hugo Chavez, the state- and in venture capital and in private increases the cost of exploring for and owned company of Hugo Chavez in his equity, in corporate research, develop- producing our Nation’s oil and gas and country. ment, and demonstration, and govern- natural gas. As a result, Americans My second point is, very seldom does ment research and development and will pay higher prices for gasoline at the United States tax businesses that asset financing, the answer has been the pump, and we will suffer increased are in competition overseas. Let me re- the same. Both the private and public electricity costs as our Nation’s nat- peat that. We in America hardly ever sector are excited about the future of ural gas supply is weakened. We will tax American businesses that are in clean energy, and they are busy, under pay higher prices, obviously, for nat- competition overseas. Of course, that is our 2005 act, investing heavily in it. ural gas. exactly what we have done here, and The weakness is in the amendment I The excise tax on oil and gas explo- what is going to happen is not going to am talking about. Without question, ration increases taxes $10 billion over be good. It is not going to help the some of the tax incentives in this bill 10 years on producers on our Nation’s American consumer one bit. could have a positive impact on the Outer Continental Shelf. Frankly, I be- There are only two things, as I indi- landscape of American energy future. lieve that entire tax is wrong. We cated, that are wrong with the Baucus To deny that would be to debate un- should not be taxing the most produc- amendment. I would repeat: It raises fairly the merits of this amendment. tive—the places where more money is taxes in the wrong places, and then it Cellulosic ethanol production credits, being put for exploration than any- spends them on the wrong policies. plug-in hybrid vehicle credits, and where else, the Outer Continental

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8168 CONGRESSIONAL RECORD — SENATE June 21, 2007 Shelf. Yet one-third of the taxes here tration either made a mistake or did simply wrong. The Senate should reject come from imposing a fee, a very high not want to put the fee on; it just this political expediency that will hurt fee, on the Outer Continental Shelf. didn’t happen. So for those 2 years, we American businesses, and the Amer- Who would have thought it? The place have royalty leases with no royalty ican consumer. in America where we have a chance of thresholds. I began my remarks by conveying to producing, we have imposed a heavy Congress cannot rewrite contracts this Senate the seriousness with which tax. Proponents of this amendment after the fact merely because we do not I cast this vote. claim these tax provisions only affect like the contracts or the results. I pre- In my judgment, this amendment the five largest U.S. oil and gas compa- dict when we are all finished, the will have significant negative con- nies. Not true. But I have already told courts of the land are going to say: sequences on America’s energy secu- you who they are and what they rep- This part of this tax is illegal and un- rity. The Baucus amendment will in- resent in the world markets. constitutional, and out the window will crease the cost of producing oil and gas In fact, there are 40 lessee companies. go a very large portion of this tax be- in America and will undermine the Nearly 75 percent of all entities leasing cause the rights are clearly there. We ability of American businesses to com- on the OCS hold leases that would be have to think about it and think about pete against state-owned oil companies subject to a 13-percent punitive tax. I what we are doing. run by foreign governments. The result hardly thought I would see that on the I do not like the idea of the United for our Nation will be a greater reli- floor of the Senate. Yet here it is, States of America going back on its ance on crude oil from hostile regions bragged about as a very big source of contracts. It sounds and looks and of the world and an increase in the money that we can do other things smells like some foreign country. But price of gasoline for the American peo- with, without regard to the prices the we are close to doing it here in the ple. American people are going to pay in name of some new answer, and at the That is an unacceptable consequence the increased prices for oil and gas same time saying it is going to yield and not what the American people ex- coming from the shelf. revenues for us to use for various pect of us. This is the lifeblood of our domestic things in this bill. For the reasons that I have stated, I oil and gas production. It makes abso- As we consider this amendment, the must vote no on the motion to invoke lutely no sense to advocate for inde- Senate should be on notice that legal cloture on the Baucus amendment, and pendence from foreign oil, and then precedent would not be on our side. I urge my colleagues to do the same. turn right around and raise taxes on The U.S. Supreme Court and Federal The PRESIDING OFFICER (Mr. our domestic companies that are pro- circuit court precedents suggest that BROWN). The Senator from Idaho. ducing America’s oil and natural gas. the Government cannot avoid the obli- Mr. CRAIG. How much time remains? It will mean higher prices for con- gations of its contracts by using its The PRESIDING OFFICER. Eight sumers. taxing power to take back benefits it minutes. Oil and gas production in the Outer has given up pursuant to an agreement. Mr. CRAIG. I thank the Senator for Continental Shelf amounts to approxi- I suggest to the Senate that a Federal yielding. mately 1.7 million barrels of oil per court will recognize this tax for what it I come to the floor to oppose the tax day, and 121⁄2 billion cubic feet of nat- is and, therefore, this $10 billion we are that has been proposed and is now be- ural gas. Annually, this production fore us brought by the Finance Com- equals approximately 600 million bar- counting on in this bill will be lost. The Department of the Interior has mittee. rels of oil per year and 4.7 trillion cubic already testified before Congress ex- It is very easy politically to stick it feet of natural gas per year. pressing its concern about protracted to the big boys, and that is the polit- Now, that is good. They are doing ical game which is being played out on fine. So why don’t we put a tax on litigation over this issue and the po- tential for a loss of billions in revenue the floor of the Senate as we speak. them of 13.5 surtax? It makes no sense. Stick it to the big boys. OK, we are The price will go up, production will as well as the delay of oil and gas pro- duction. going to stick it to the big boys, $32.1 come down. These amounts produce 30 billion worth of taxes. What will it do percent of our domestic oil production There are 2 other provisions among for us? Will it change the price at the per year, and 23 percent of our domes- the revenue raising proposals that are gas pump today? No. In fact, we have tic natural gas. Placing a punitive tax very troubling. One provision would just heard the Senator from New Mex- on this production is serious business amend the Job Creation Act of 2004, ico say it could possibly raise the price backed by very serious facts, and I say which created tax relief for more than of gas in the long term. Hasn’t this serious consequences. 200,000 U.S. corporations and busi- Activities on the OCS provide an av- nesses. This proposal increases taxes Senate heard the plea of the American erage of over $6 billion a year in rev- by almost $10 billion over 10 years. consumer over the last 6 months about enue to the Treasury. In the future the Instead of the Jobs Creation Act, we $3 gas? Don’t we get it today or do we offshore will be even more important. could call this provision the Jobs De- just want to play petrol politics? That The Minerals Management Service es- struction Act. is what the Finance Committee has timates about 60 percent of the oil and Finally, the increase in taxes by the done; they have played petrol politics. 40 percent of the natural gas resources U.S. Government on American compa- They are sticking it to the big boys, estimated to be contained in remaining nies competing overseas—through the and they are going to put it in the undiscovered fields in the United foreign oil tax provision—increases green machine. The green machine States are located where? Where might taxes $3.1 billion over 10 years. may yield some energy in the future, you guess? In the Outer Continental This amendment also attacks Amer- but it sure isn’t going to change the Shelf, upon which we are going to place ican interests and cedes control to for- price at the gas pump tomorrow or the a very stiff, very high tax. eign interests. It says we would rather next day or next week or next year. If Furthermore, the intent of the OCS buy energy from the likes of Hugo Cha- they argue in disagreement with me, excise tax and the effect of this tax is vez in Venezuela than produce it our- my answer is simple: Prove it. Prove crystal clear. The provision charges 13 selves. that you will change the price at the percent of the removal price of taxable To put the proper context on this, pump. Or will the big boys simply try crude oil and natural gas, with a credit Saudi Aramco, the Saudi Arabian to pass it through to the consumer? We available to those who have price state-owned oil company, has nearly 3 will find out, won’t we, if this bill thresholds on their oil and natural gas times more daily output per million passes. That is why I am going to have leases. In plain English, this amend- barrels per day than the largest U.S. to oppose cloture on the Baucus provi- ment seeks to legislatively breach oil company and holds nearly 10 times sion of taxes, the petrol politics of this valid contracts from 1998 and 1999, be- the oil and natural gas reserves. issue. cause the Clinton administration failed To make it more difficult for Amer- Let me show you the petrol politics to include a term in these agreements. ican companies to compete overseas for of the real issue. Here is where the re- In other words, there was no fault of this global commodity at a time when serves in the world exist today. Here the companies. The Clinton adminis- oil prices are nearly $70 per barrel is are the big boys of America—Exxon,

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8169 Chevron, Marathon. Do we really think If the American consumer thinks Second, if we look at the whole bill, if we stick it to these three and more these companies are going to pay the the Finance Committee package in the we will change the world? No. The $32.1 billion in taxes, they have it Energy bill and also the Kyl amend- world today from the standpoint of en- wrong. They are going to pay it at the ment, several things are striking. The ergy is controlled over here on the left- pump. The Baucus bill pumps tax dol- first is the major underlying Finance hand side of the chart. It is controlled lars out of the back pocket of the Committee bill is designed to accom- by Saudi Arabia, Iran, Iraq, and so on American consumer. It does not allow plish the objective that the Senator down the line. They control the known oil to be pumped out of the ground. It from Idaho is complaining about. The reserves. They control the world’s oil does not allow us to hold a stronger po- Senator from Idaho is complaining supply. They are the big boys. We are litical position in the world of petrol that this amendment transfers power not sticking it to them. In fact, we are nationalism. That is the debate we are to Venezuela or to Saudi Arabia, other handing them a golden leaf. We are going through right now. It is about countries. The whole point of this bill saying: You control the world oil sup- windmills. It is about cellulosic. It is is the exact opposite. It is to wean our- ply, and we are dependent upon you for about all the things I like. But it really selves away from OPEC, wean our- 60 percent of our supply. But we are isn’t. It is antiproduction. It is selves away from those countries, so going to penalize our producers because anticonsumer. It is anti-American to that we Americans are in a better posi- of the petrol politics of this issue. deny our Nation’s economy access to tion to determine our own destiny, in a There is another petrol game being the world energy supply. That is what better position to get more energy pro- played out. Petrol politics is being we are doing. Let’s allow Saudi Arabia duction here in America. played out on the floor of the Senate, and Iraq and Iran to grab us by the gas How do we do that? The committee but petrol nationalism is being played nozzle and jerk us around every time bill does that through all kinds of in- out by these companies and countries they choose. This tax package suggests centives. It reduces taxes in lots of dif- of known reserve. Every one of these that could start again tomorrow be- ferent ways for alternative energy, re- producers controls their supply; their cause we are not going to get ourselves newable energy, cellulosic develop- nation’s government and their nation’s back into the business of production. ment, encouraging more American government’s companies control the I yield the floor and retain the re- clean coal technology so we can tap supply of oil. They can turn the valve mainder of my time. into our vast reserves of coal. It has on or off. Every time they do, the The PRESIDING OFFICER. The Sen- lots of ways we could help America be American consumer ultimately pays ator from Montana. more self-sufficient and wean ourselves more. That is called petrol nation- Mr. BAUCUS. Mr. President, this is a away from these very high gasoline alism. I believe when we talk about the very interesting series of statements prices we are forced to pay partly be- war of energy today, that is what we we have heard in the last 15 minutes, cause OPEC is forcing us to pay those are involved in. We are involved in a half hour, statements basically trying prices; the truth is, partly because the war on who can produce energy and can to lead Americans to believe that this major oil companies are charging we become energy secure so that we Finance Committee tax package, as whatever the market will bear. That is don’t have to be dependent upon Saudi well as the provisions of the tax pack- why they are charging such high prices Arabia and Iraq and Iran. age to pay for incentives so we can to the American consumer. What evi- We know what is happening in that wean ourselves away from OPEC, away dence do I have of that? It is very sim- area of the world today, the phe- from all these countries, is going to re- ple and direct. nomenal instability. Not only do these sult somehow in some cataclysmic I was stunned because of the candor nations play petrol nationalism, they event; namely, gasoline prices are of the CEO of ExxonMobil when he also play with something else: They going to go up, according to state- made this statement. This was last have the weapon of mass disruption. ments we have heard. We have also year at a Judiciary Committee hear- Let me repeat that. These nations hold ing. I was not there; I was watching on the weapon of mass disruption. You heard that we are going to reduce do- mestic exploration and development of C–SPAN. At that hearing, the exchange change the price at the pump a couple was essentially between the Senator of dollars because you turn the valve American oil companies; we are put- ting ourselves in the hands of foreign from Wisconsin, Mr. KOHL, and the CEO off in these countries, and you hit this of Exxon. I think Senator KOHL asked countries. The fact is, the exact oppo- economy like a freight train. the question. This was an open hearing. site is the case. These statements are What are we going to do today? We He said: Sir, why are gasoline prices are going to tax it a little more. That amazing. It is good political rhetoric, so high now? is all this Congress really knows how but it has nothing to do with the facts. The answer: Well, Exxon has to pay to do, is tax. They don’t know how to First, it is more important that peo- more because OPEC is charging us produce. We don’t produce. We get out ple understand that the amendment of- more. So we to have pay more, and we of the way of production. We encourage fered by the Senator from Arizona, Mr. transfer those price increases down to production, but this bill will not KYL, basically delegates to the Sec- the American consumer. produce one barrel of oil. ExxonMobil retary of Energy whether $30 billion The Senator from Wisconsin asked will produce a barrel of oil. Chevron worth of tax provisions will be enacted. the head of ExxonMobil: Explain this will. Marathon will. The rest of these I am astounded that anybody in the to me, please. At the same time, your countries will. But we don’t. We are Senate wants to delegate that decision profits have exploded. They have gone now stepping in the way of that pro- to the Secretary of Energy instead of up about $35 billion this year. Your duction. We are now penalizing that the U.S. Congress deciding whether the profits have expanded. production. tax needs to be imposed. Senator KOHL said: I am a business- The senior Senator from New Mexico The Kyl amendment basically says man. Ordinarily, if my costs go up, my talked about where the greatest re- that unless the Energy Secretary can profits go down. Please explain to me serves of America lie today—offshore. determine that the effect of this will why you would say your costs are Yet we are saying: If you want to play not increase the price of gasoline at going up because OPEC is charging you out there, if you want to go out, find it, the pump, that he, the Energy Sec- more and yet your profits are going drill, we are going to tax you. We are retary, or she, the Energy Secretary— way up. Why? going to penalize you instead of en- whoever the Energy Secretary is—will His answer was very illustrative of courage you and incentivize you to dis- automatically be forced to rescind the the point here. He said, in all candor: cover, to bring it to the wellhead and pay-fors in this bill. That is astound- Senator, my responsibility is not to to bring it to America’s shores and to ing. It is basically delegating to the the American consumer; my responsi- refine it for the American consumer. Energy Secretary a policy which bility is to my stockholders. I will Anybody in a reasonable way who should be made by the Congress, and charge whatever the market will bear doesn’t want to play the political game that is a huge dereliction of responsi- because I have a duty to protect my being played out on the floor as we bility. I am appalled that anybody stockholders and get whatever I can for speak—petrol politics—needs to vote would dare suggest it. But that is a my stockholders. I am going to charge no on cloture. fact. whatever I can.

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8170 CONGRESSIONAL RECORD — SENATE June 21, 2007 That is why profits are so high, be- the Heritage Foundation. I am not countries tax more now. We Americans cause Americans can’t put milk in going to get into the question of who are pretty easy and soft compared to their car or their truck. They can’t put financed that study—I have an idea other countries on how much we tax oil in water. They have to put in diesel who financed that study; and, there- and gas revenues. fuel or gasoline. Americans are stuck. fore, it drove the results they would So this argument that somehow, oh, The majors are passing on through like to get—but that is the same orga- my gosh, America is going to tax oil their distribution system these very nization that said Iraqi oil is going to and gas companies with these provi- high gasoline prices because they can pay for Iraq reconstruction too. They sions—that it is confiscatory; they are get away with it and because it fattens were dead wrong then, and they are going to go overseas—it is just non- profits and because they are beholden dead wrong now. They are an organiza- sense. It is just total nonsense because, to stockholders, not the American con- tion which, frankly, I think is not the already, oil and gas revenue in the sumers. most objective, independent organiza- United States is not taxed as much as What about these provisions which tion in the world. That is the first one. it is in other jurisdictions. It seems to the Senator from Arizona wants to That is why we made that first change. me, therefore, it is not unfair to enact strike. There are three of them. It is The second provision in the Finance this provision. very simple, and there is a reason why Committee bill the Senator’s amend- The main point is if the Kyl amend- they are there and why they will not ment wants to strike is a loophole clos- ment passes, then the Finance Com- have the disastrous effect the Senator er. We are trying to close a loophole. mittee tax title of this bill is dead be- from Arizona claims. The Joint Committee on Taxation cause we are not paying for it, effec- The first one is to rescind a tax break said—that is a bipartisan organization, tively. That is because the Energy Sec- we gave to the five major oil compa- the Joint Committee on Taxation, retary, under the Kyl amendment, nies back in 2004. It is called section which serves both the House and the probably would rule that maybe prices 199. Senate, Republicans and Democrats— might go up at the pump, given the We gave that tax break, frankly, to their independent study shows there is politics of it all, and that means we do all American domestic manufacturers, a big loophole the major oil companies not have a bill anymore. including the oil companies. It was as a take with respect to foreign tax breaks Therefore, I urge Senators to say: response to a WTO ruling a year or two in this area; that is, ordinarily a com- OK, let’s do what is right. Let’s start earlier which said our American tax pany gets to reduce its income taxes in to wean ourselves from OPEC. Let’s laws—which gave incentives for Amer- the amount of the foreign taxes that start to give some incentives to Amer- ican products to be exported—were company pays to a foreign country. ican domestic producers of alternative WTO illegal. So we came up with a Now, the law is different between ex- fuels, renewable fuels, and have more backup plan. The backup plan was basi- ploration costs and distribution down- conservation measures to help America cally section 199 in the code, enacted in stream costs. The companies game the again take control of our own destiny. This is not a perfect bill. Nothing is the 2004 Jobs Act, which says, OK, we system. They offset one against the perfect. But it is a good bill. It is a will give an extra little break to do- other. Joint Tax saw this big loophole. very good bill. It helps put America mestic production in the United Let’s close it. That is the second provi- back on track, helps America turn the States. If they export the products, sion. Also, I do not see how anybody corner toward more energy independ- fine; if they do not, that is fine. We will could argue against that. It is a big ence, and enhances our national secu- still give them a break. That is what loophole closer. It makes the Tax Code rity so we are less reliant upon OPEC, more fair. that is. less reliant upon those countries to What has happened to domestic oil Then we get to the third provision. which some Senators say this bill gives production in the United States since This is the so-called confiscatory ex- a break. It does not. This bill does the that was enacted in 2004? Well, one cise tax on the oil produced in the Gulf exact opposite. It helps America be- would think it probably increased a lit- of Mexico. Let’s be honest. First of all, come America again. tle bit because the major oil companies the President of the United States, Mr. President, I yield 5 minutes to get a little tax break. The fact is, the himself, believes there is insufficient the Senator from Iowa. exact opposite has happened. revenue paid to Uncle Sam on these The PRESIDING OFFICER. The sen- Let me quote a couple statistics. In OCS leases. The best evidence: The ior Senator from Iowa is recognized. 2004, when that provision was put in ef- President of the United States, him- Mr. GRASSLEY. Mr. President, I fect, domestic production was about 170 self, has enacted a 62⁄3-percent royalty want to address why we should have million barrels a month. It was 170 mil- on all new leases in the gulf. He thinks cloture on this bill to get to finality— lion barrels a month in 2004. Well, you they are not paying enough. He has in- and that is going to take 60 votes—and would think it would go up because of creased the current royalty—it was 12 why you should not support the Kyl that tax break for domestic produc- percent. The bill has a 13-percent sever- amendment. tion. Oh, no, that is not what hap- ance tax. The President, himself, has In the debate on some of this bill, pened. It actually went down. It is enacted a whole new higher royalty particularly in committee, we had the down to about 160 million barrels. provision on new leases in the gulf. He issue of, well, we are taxing oil compa- Look at the price of oil. Back in 2004, thinks they are undertaxed. Right now nies to promote renewable fuels; that the price of oil was $40 a barrel. Now it it is about a 12-percent royalty. This this is an industrial policy, and it is is about $65 a barrel. Well, gee, you provision in our Finance Committee bad for Congress to be involved in in- would think—that is more money in bill says a 13-percent severance tax. dustrial policy. Basically, I agree. the oil companies’ coffers—they would Clearly, Congress has the power to But, remember, throughout the his- want to use that for more exploration, enact a tax. The royalties paid by any tory of this country, Congress has been more development. No. Again, there is company are credited against the 13 involved in a lot of industrial policy. less domestic production, even with the percent, and so it is a net lower than There would not be a farmstead today price of oil so high over that period of what the President thinks the amount that would have electricity if we did time and even though they have had a should be in revenue paid by the oil not have rural electric cooperatives. tax break. I might add, too, the price of and gas companies in the gulf. Railroads would have a monopoly on gasoline at the pump back then was I might also say the General Ac- hauling things if we did not have river about $2 a gallon. Today, it is above $3 counting Office has done a study of improvements so that barges could a gallon. So that did not help. how much America taxes oil and gas work as well. Railroads would still be So, gee, we thought: We will take compared with how other countries tax hauling most of our commerce if we that away. It did not help, so we will oil and gas. What is the result of the had not built an interstate system. take it away. So, therefore, it seems to GAO study? The result of the GAO Airports and airlines are all about the me it is not going to cause an increase study is we Americans basically tax oil Government promoting competition. in the price of gasoline at the pump. and gas less than other jurisdictions Also, we are involved in where we I might say, the statistics cited by around the world—or other States. The are, taxing the oil industry to get a re- the Senator from Arizona are based on State of Alaska is taxing more. Other newable energy industry started—as we

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8171 have been for 20 years now just with want to publicly state what I have that. I wasn’t here last evening when ethanol, and expanding it beyond eth- stated several times in the last few Senator BUNNING was speaking, but I anol, but we would not have an ethanol days, and that is my appreciation to noticed he referred to it as Senator industry today if we had not had tax Senator BAUCUS and Senator GRASSLEY BINGAMAN’s ‘‘scheme’’ in his comments incentives over the last few years. for their leadership in putting this tax last night. The severance tax proposal There will be, someday—just like we package together that has been re- is not that; it is a 13-percent tax which are saying to the oil companies today: ported favorably by the Finance Com- would apply prospectively; there is You got your start because of tax pol- mittee on which I am privileged to nothing retrospective about it. It is icy, a lot of tax benefits, because the serve. prospective. It applies to all production oil industry was infant at one time and Let me speak, briefly, about the Kyl of oil and gas that occurs in the Outer needed to get started. The same thing amendment and then talk about the Continental Shelf and in the Gulf of is true of alternative energy. If we do tax package more generally and why Mexico. It is designed so it will not be not give some tax incentives to get al- we should vote to invoke cloture on unduly burdensome on any company ternative energy—and I mean beyond this tax package and proceed. that is producing in the Gulf of Mexico. ethanol: biodiesel, wind energy, things On the Kyl amendment, my first con- I think we have done a good job in ac- cern is the obvious one: that adoption that maybe we do not even have on our complishing that. It does not abrogate of the Kyl amendment would be totally mind today—we are talking a little bit contracts. It is a forward-looking tax irresponsible as a fiscal matter. The about cellulosic ethanol, but it is provision which I think is eminently Kyl amendment says ‘‘notwithstanding around the corner yet—we are not reasonable. any other provision of the subtitle,’’ going to develop these industries to the It would raise some revenue that is the subtitle being those provisions that strong capability they need to be when sorely needed if we are going to extend raise revenue to pay for this. We are in there is less and less and less transpor- these tax provisions, including the pro- a pay-go situation in the Senate under tation provided by petroleum products. duction tax credit, the investment tax our budgetary arrangements, so if we So I think we ought to look at the re- credit, and the other provisions that are going to provide tax credits and tax ality of how a gigantic oil industry got are in this bill. I feel very strongly benefits to some parts of the economy, started in the United States—through that we should keep it in place, and it we need to pay for that. We need to tax incentives. We are talking about is an appropriate way for this Congress tax incentives to get alternative en- find some way to obtain the revenue. The way the committee has found is to to proceed. ergy started. That is why I hope you The second argument we heard was if reduce the tax benefits that some other will abide by the decisions the Com- we adopt this, we are going to see an parts of the economy are enjoying mittee on Finance made to have these increase in the price of gas. The truth today. situations where there is some tax on is we all know the price of oil is deter- oil companies for the benefit of tax So Senator KYL’s amendment says ‘‘notwithstanding the provisions of’’— mined on the world market. Our pro- credits for alternative energy. ducers produce something like 5 per- I hope you also appreciate the fact the provisions in the tax package that raise revenue—none of this shall ‘‘take cent of the oil that goes into the world that maybe a lot of us would like to market. So the idea that for us to raise have the tax incentives without offsets, effect unless the Secretary of Energy’’ some revenue here is going to affect but we are in an environment of pay- positively decides, that is, ‘‘certifies the price of gas at the pump is not go. We are not in a reconciliation situ- that such amendments shall not in- true. If the world price of oil goes up, ation. We are in a situation where we crease gasoline retail prices and the re- we wind up paying more at the pump; if have to provide the necessary offsets in liance of the United States on foreign the world price of oil goes down, we order to get this legislation through. sources of energy.’’ So I hope you will think of the his- So, essentially, we are saying it is up wind up paying less at the pump. I tory of where we have been with tax to the Secretary of Energy whether we think American consumers have policies to promote an industry that is pay for this set of tax provisions. I do watched that occur year after year and out there now. I hope you will under- not think it is responsible for this Con- they understand that is the cir- stand that God only made so much fos- gress to take that position. I mean it is cumstance. sil fuel and there has to be a follow-on great, and I know everybody likes to be The other argument is this is going if we are going to have the growth of able to go home and say: I didn’t op- to hurt our energy companies, that this our economy. pose the production tax credit exten- is an undue burden on them. When you I would like to state this one last sion which is in the bill, I didn’t oppose look at the reality, the reported profits point that I have heard the President the investment tax credit for solar en- of the top five integrated oil and gas of the United States make many times ergy which is in the bill, I didn’t op- producers last year were over $111 bil- when I have been to the White House in pose the provisions that would lion. I don’t begrudge them that, but the Oval Office to talk energy. The incentivize more biofuels production; that is 1 year, and that is 5 companies. President has said many times that all I opposed was the idea that we If profits continue at somewhere in with these high prices of oil the way should pay for them. I don’t think that that range, we can reasonably expect they are, we do not need any more in- is a responsible position for us to take. very conservatively that producers— centives for the oil companies to get On the general tax package and the large producers of oil and gas—will more energy. cloture issue, let me say, the argu- have over the next 10 years over $1 tril- The President has been a friend of al- ments I have heard are three. Some lion in profits. ternative energy, most often express- have argued this is going to reduce pro- The PRESIDING OFFICER. The Sen- ing his support of ethanol, but a sup- duction; some have argued it is going ator has used 7 minutes. porter of alternative energy, and I hope to increase the price of gas; some have Mr. BINGAMAN. I ask unanimous he is in support of this legislation as argued this is going to hurt the energy consent for 1 additional minute. well. companies. Let me address each of Mr. BAUCUS. I yield 1 minute to the Mr. President, I yield the floor be- those points briefly. Senator from New Mexico. cause I think the Senator’s time is On reducing production, I don’t think Mr. BINGAMAN. I thank the Senator about up. Thank you. this is going to reduce domestic pro- from Montana. The PRESIDING OFFICER. The sen- duction of oil and gas. I think Senator The PRESIDING OFFICER. The Sen- ior Senator from Montana is recog- BAUCUS made the point very clearly ator from New Mexico is recognized. nized. that the two big items that are being Mr. BINGAMAN. So we have $1 tril- Mr. BAUCUS. Mr. President, I yield 7 used to pay for this tax package are lion of profits over the next 10 years. minutes to the Senator from New Mex- this section 199 provision, which was This package calls for raising $27 bil- ico, Mr. BINGAMAN. not even in the law until 2004. We are lion over the next 10 years. So that is The PRESIDING OFFICER. The Sen- taking that away as it applies to cer- something in the range of 2.5 percent of ator from New Mexico is recognized. tain large companies. profits, a much smaller percentage of Mr. BINGAMAN. Mr. President, I Then, of course, the severance tax revenues, of total revenues. So I point thank my colleague from Montana. I provision. Let me talk a minute about out that is not an undue burden on

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8172 CONGRESSIONAL RECORD — SENATE June 21, 2007 anyone, and I think all of these I urge my colleagues to vote against billion over a 10-year period. That is screams that this is the end of the the Kyl amendment and to support the $9.43 billion that will be passed along world for the oil and gas industry are work of the Finance Committee. to the American people. not founded on any kind of basis in Mr. ENZI. Mr. President, I would like I am also disappointed that the legis- fact. to take this opportunity to discuss my lation includes a new 13-percent sever- I think the whole purpose here is to opposition to a few of the provisions in ance tax for oil produced in the Outer do some very good things in the Tax the Finance Committee-passed energy Continental Shelf, OCS. The OCS rep- Code, which I compliment the Senator tax package. Before I begin, I would resents one of America’s greatest en- from Montana and the Senator from like to take a moment to thank Chair- ergy sources, and raising taxes on Iowa for proposing, and to do so by— man BAUCUS and Ranking Member those who hope to produce in the OCS under our pay-go rules, find revenue GRASSLEY for their work on this will most certainly not encourage the where it will reduce production at the amendment. I know they have exerted domestic energy production that we all very least, and I think they have done an incredible amount of energy to get believe is so important. an excellent job in accomplishing that. this legislation to the floor so that we Finally, I am concerned that this leg- islation changes what is known as the I urge my colleagues to support the can debate it as part of this Energy foreign tax credit. This change, which tax package and vote for cloture on the bill. amounts to double taxation, will in- tax package when it comes up for a The package we are debating includes crease taxes by $3.2 billion over the vote following the Kyl amendment, and a number of important provisions. It next 10 years. Someone has to pay for obviously I urge all Members to oppose includes additional funding for clean that tax increase, and I am concerned the Kyl amendment. renewable energy bonds, which are im- that it will be the American people. Mr. BAUCUS. Mr. President, I very portant to rural electric cooperatives who seek to build clean generation. It While I appreciate the work of my much thank the chairman of the En- colleagues, at the end of the day, I am ergy Committee who I think has put includes accelerated depreciation for carbon dioxide pipelines, which will en- extremely concerned that this legisla- together a very good energy bill. I tion will slow domestic energy produc- thank him very much for his instruc- courage more carbon sequestration. It also includes a carbon capture credit tion and increase the prices paid by tive comments here. They are very consumers. There are a number of good helpful. that will make it more economical for some carbon dioxide to be used in en- provisions in this bill that I do support. Mr. President, I yield 3 minutes to hanced oil recovery and for some car- However, at the end of the day, raising the Senator from Oregon. bon dioxide to be sequestered. These taxes is not the way to increase energy Mr. WYDEN. Mr. President, when oil are important provisions, and I am production and decrease energy prices. was $55 a barrel, President Bush said pleased to see them included in this I would urge my colleagues to oppose oil companies don’t need taxpayer sub- package. cloture on this amendment. I yield the floor. sidies to drill. Oil is now just under $70 Although that is the case, I have The PRESIDING OFFICER. The sen- a barrel, and certainly oil companies grave concerns about the impact of truly don’t need taxpayer subsidies to ior Senator from Montana is recog- this tax package. I am specifically con- nized. drill for oil. cerned about its impact on consumers. The Finance Committee amendment Mr. BAUCUS. Mr. President, how When taken as a whole, I believe that much time is remaining on each side? begins to reverse decades of policies the package will lead to increased gas that equated what was good for the The PRESIDING OFFICER. The Sen- prices and will have a detrimental im- 1 major oil companies was good for ator from Montana has 4 ⁄2 minutes and pact on our country’s quest to become the Senator from Arizona has 8 min- America, and that oil companies would energy independent by discouraging do- get us cheap and plentiful energy sup- utes. mestic energy production. Mr. KYL. Mr. President, I would be plies here in America. The reality is, if The amendment contains approxi- happy to take half of my time right you go to the gas pump today, you see mately $28.6 billion in ‘‘revenue rais- now and then let the Senator from gas is not cheap. If you look at the im- ers’’ over the next 10 years. The phrase Montana close, and I will close after pact of a refinery fire or a pipeline ‘‘revenue raisers’’ is Washington speak that. problem or a cold snap and the impact for tax increases, and I find it hard to The PRESIDING OFFICER. The Sen- on heating oil prices, you see energy is believe that we can increase taxes by ator from Arizona is recognized. not plentiful. If you look at the grow- $28.6 billion and have no impact on the Mr. KYL. Mr. President, I want to re- ing level of oil imports from countries price of gasoline at the pump for the spond to some of the arguments that around the world that don’t have our average American. Businesses are in have been made. First, I do appreciate best interests at heart, you will see business to make money, and when we the candor of both the Senator from that what has been good for the major increase their taxes, they pass that in- New Mexico and the Senator from oil companies has not been good for the crease along to the consumer. Iowa. Rather than arguing that these well-being of the citizens of America. It is not ExxonMobil or Shell or BP tax increases are loophole closers, as The Kyl amendment is just the latest that will pay for these tax increases. It has been suggested, they candidly ac- in a long line of arguments that has is the senior citizen on a fixed income knowledge the reason for the tax in- been advanced on the theory that we who fills up her station wagon. It is the creases is to pay for the costs of the ought to keep subsidizing the oil indus- soccer mom who drives her children to bill. As the Senator from Iowa said, we try or energy prices will go up, oil im- school. This tax title is not punishing want to avoid offsets, but we can’t. We ports will go up, and America will be the companies. It is punishing the have to pay for the costs of the bill. So, less secure. American people who rely on energy to so much for the argument that these The fact is our people and our coun- fuel their daily lives. tax increases are loophole closers. try have now experienced the results of Specifically, I am concerned that They are, very plainly, necessary to past policies based on the idea that we three provisions of this bill will in- pay for the cost of the bill, so they are ought to send billions and billions of crease gas prices and will discourage tax increases. I appreciate that. dollars of subsidies to the major com- energy production at a time when our Another bit of candor: The Senator panies. It is time to end those sub- Nation’s supply does not meet our Na- from Montana quoting—or para- sidies. It is time to stop the major oil tion’s demand. Last week, I joined a phrasing, anyway—the former chair- companies from fleecing taxpayers number of my colleagues in a letter to man of Exxon Oil Company, essentially when they drill for oil on public lands, the Senate Finance Committee that argued that it is OK to add these taxes and it is time to embrace the very dif- urged the committee not to repeal the on oil companies because they make ferent vision of a more positive energy section 199 manufacturing deduction, too much money, and they make too future, largely constructed by the and I am disappointed to note that this much profit, so we are justified in tax- chairman of the Finance Committee was included. The Joint Tax Com- ing them. and the chairman of the Energy Com- mittee estimates that the repeal of the I am not going to argue with that mittee. section 199 deduction will raise $9.43 theory. If they make too much money,

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8173 we are going to tax them, if that is the creased efficiency, the U.S. will continue to the Senator from New Mexico for all of argument for imposing these new rely on these traditional energy sources. It is the work they have done. taxes. All I say is as long as it doesn’t imperative that the Senate ensure that the I think the argument we are hearing raise the price of gasoline for American American consumer not be saddled with today is we should have trust in the oil higher prices due to the consequences of the consumers, then I guess the question tax changes included in H.R. 6. companies and that ExxonMobil and would be: Who cares? But if they do Sincerely, their friends are staying up nights and raise the cost of gasoline for American R. BRUCE JOSTEN. days worrying about high gas prices in consumers, then I think we should Mr. KYL. This is a letter from R. the best interests of the American peo- care. That is all this amendment does. Bruce Josten, who makes the point ple. If anyone believes that, I think we It says: If it doesn’t raise the cost of that the U.S. Chamber of Commerce have some good bridges to sell you gasoline, go ahead and impose the tax. opposes the tax increases in the bill right now. If these oil companies are making too and supports the amendment which I The truth is the oil companies are much money, go ahead and tax them. offer, which would condition that tax ripping off the American people. This But if the result of it is not just to hurt increase on not hurting American con- moment in American history is a time the oil companies but to hurt the sumers. that our country needs to radically American consumer, then Congress He says: change the way it does energy, and the says: Wait a minute; not so fast. We This amendment would require the Sec- Finance Committee, in a bipartisan are not going to allow that to happen. retary of Energy to certify that the tax pro- way, and the Energy Committee, in a That is all this amendment does. So we visions included in H.R. 6 will not lead to in- bipartisan way, are making some very don’t say you can’t tax. What we say creased reliance on foreign oil or higher gas- clear statements. is, you can’t tax if it has a negative im- oline prices for American consumers. What they are saying is that global pact on the American consumer. As a result, they support the amend- warming is a huge problem for this Na- Now, there was a question about the ment, and I believe they will key it as tion today, and if we do not get a han- Heritage study. I noticed there was no a key vote. dle on it, that problem will only inten- attack on the numbers, no refutation He goes on to say: sify in years to come. of the numbers, just: Well, who paid for The Chamber strongly opposes the tax title What we must begin to do, and what the study? I don’t know who paid for of this bill because it contains many pro- this legislation is making clear, is that the study. I presume Heritage paid for posals that amount to little more than a we have to break our dependency on the study. It is their study. What does modern-day Windfall Profits Tax. When that fossil fuel, we have to move to energy it say and why is it such a burr under tax was enacted in 1980, it resulted in higher efficiency, we have to move toward sus- prices for consumers, long waits at gasoline tainable energy, and in that process the saddle of those who oppose my lines, and increased consumption of foreign amendment? Well, it found that the tax oil. not only can we substantially lower greenhouse gas emissions but we can provisions in this bill, setting aside the That is what we are concerned about also create millions of good-paying other mandates, will likely increase here. If the tax increases don’t have jobs for the American people. gas prices by 21 cents per gallon over that effect, then nobody has to worry As the chairman of the Energy Com- the next 8 years, and taking all of the about it. But if they do have that effect mittee made clear a moment ago, the provisions of the bill together, it can on the American consumers, they oil companies, year after year, are increase the price of regular unleaded would not go into effect. making recordbreaking profits. I for gas from $3.14 a gallon to $6.40 a gallon My penultimate point is the argu- one do not stay up nights worrying in the year 2016, over the next 10 years. ment that we have to do something to about ExxonMobil, when a few years That is a 104-percent increase. wean ourselves from OPEC, so what do ago they were able to provide a $400 If that is the case, even if it is only we do? We slap a new 13-percent tax on million retirement package to their half that much, it is a huge hit to the the production of new oil. How does former CEO. American consumer and we shouldn’t that help wean us from OPEC? What it The PRESIDING OFFICER. The Sen- even be thinking about that kind of a does is to say to the producers of oil: ator’s 2 minutes has expired. hit on the American consumer. You go out and find some, and by the I ask unanimous consent to have Mr. SANDERS. I thank the Senator way, if you do, we are going to hit you printed in the RECORD at this point a for yielding me the time. with a new tax. This is a perverse in- letter from the Chamber of Commerce The PRESIDING OFFICER. The Sen- centive, not a proper incentive. ator from Montana is recognized. of the United State of America. It is Mr. President, I also ask unanimous dated June 20, 2007. Mr. BAUCUS. Mr. President, I will consent to add Senator CORNYN as a co- There being no objection, the mate- take the remaining 2 minutes. This sponsor of my amendment. rial was ordered to be printed in the whole debate boils down to something The PRESIDING OFFICER. Without RECORD, as follows: pretty simple and basic; that is, do we objection, it is so ordered. as Americans want to begin to become CHAMBER OF COMMERCE, Mr. KYL. Mr. President, I note that more self-sufficient in our energy pro- Washington, DC, June 20, 2007. the U.S. Chamber of Commerce and TO THE MEMBERS OF THE UNITED STATES duction? Do we want to be less reliant Americans For Tax Reform I expect SENATE: The U.S. Chamber of Commerce, the on OPEC? Do we want to give incen- will also key vote the Kyl-Lott amend- world’s largest business federation rep- tives to new clean energy industries to ment. resenting more than three million businesses develop in America—not just renew- and organizations of every size, sector, and I reserve the remainder of my time. region, supports the Kyl amendment, to H.R. The PRESIDING OFFICER. The sen- ables and alternatives but also clean 6, the ‘‘Renewable Fuels, Consumer Protec- ior Senator from Montana is recog- coal technologies and other ways to tion, and Energy Efficiency Act of 2007.’’ nized. help America be more self-sufficient? This amendment would require the Sec- Mr. BAUCUS. Mr. President, how Congress, for many years, has pro- retary of Energy to certify that the tax pro- vided some very significant tax incen- visions included in H.R. 6 will not lead to in- much time is remaining on each side? The PRESIDING OFFICER. The Sen- tives to the oil and gas industry to help creased reliance on foreign oil or higher gas- America be strong, to make sure we as oline prices for American consumers. ator from Montana has 4 minutes 20 The Chamber strongly opposes the tax title seconds. Americans have a strong industrial of this bill because it contains many pro- Mr. BAUCUS. Mr. President, I yield 2 base and a strong energy base to fuel posals that amount to little more than a minutes and—how many seconds? our industries. That was probably the modern-day Windfall Profits Tax. When that The PRESIDING OFFICER. Ten sec- right thing to do over the years from tax increase was enacted in 1980, it resulted onds. 1926, and the various provisions that in higher prices for consumers, long waits at Mr. BAUCUS. I yield 2 minutes 10 have helped America. I think the time gasoline lines, and increased consumption of seconds to the Senator from Vermont. has come for us to give incentives to foreign oil. The economic reality is that oil and gas The PRESIDING OFFICER. The Sen- other industries, alternative energy, are necessities for the nation’s economic ator from Vermont is recognized. renewable fuels, clean coal tech- growth and well being. Even assuming the Mr. SANDERS. Mr. President, I nologies, cellulosic, and so forth—the development of viable alternatives and in- thank the Senator from Montana and same kinds of incentives that the oil

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8174 CONGRESSIONAL RECORD — SENATE June 21, 2007 and gas industry have enjoyed for dec- I urge my colleagues to think care- of course, would not physically encroach on ades and decades. fully about this, and I hope they will the companies’ property. See Penn Central We are not taking away these incen- support my amendment. We are going Transportation Co. v. New York City, 438 U.S. tives from the oil and gas industry at 104, 123–28 (1978); cj. Lingle v. Chevron U.S.A., to vote on it right now, but first I 544 U.S. 528, 538–40 (2005) (confirming the all. We are just saying the time has think the chairman wants to raise a Penn Central standards as the general come for us to give incentives to make point of order. I yield the floor at this takings test). America more self-sufficient in the time for him to do that. The contract question is slightly more production of energy. This bill helps The PRESIDING OFFICER. The complicated, because the severance tax pro- accomplish that result, and the way we question occurs in relation to the posal contains a provision that allows lessees do that is very fair and balanced. It amendment. to credit against the severance tax the royal- will not have the horrible results that Mr. BAUCUS. Mr. President, I ask ties they pay on oil and gas production from their federal leases. While companies with are claimed here. I urge our colleagues unanimous consent to have printed in leases that require them to pay less royalty to begin to take—we will still have the RECORD a letter to Senator BINGA- to the United States than other lessees huge breaks for the oil and gas, but we MAN regarding a study by professors of might argue that the credit provision effec- give help on the margin to new inde- law John Leshy and Brian Gray. tively rewrites their leases, we believe this pendent energy sources in America. There being no objection, the mate- argument also would not withstand careful The PRESIDING OFFICER. The Sen- rial was ordered to be printed in the legal scrutiny. The proposed legislation does not target ator from Arizona is recognized. RECORD, as follows: Mr. KYL. Mr. President, in closing these leases. Rather, it is aimed at a generic UNIVERSITY OF CALIFORNIA, category of activity—Gulf of Mexico OCS the debate on this amendment, I will HASTINGS COLLEGE OF THE LAW, production—to serve a general and impor- respond to the point that both the Sen- San Francisco, CA, June 18, 2007. tant public policy—viz. raising revenue for ator from Vermont and the chairman Re proposed severance tax on oil and gas pro- green energy tax initiatives. In our judg- have just made, and that is the need to duction in the Gulf of Mexico. ment; the severance tax therefore falls with- promote renewable energy and to give Hon. JEFF BINGAMAN, in the standard government contract prin- incentives to those producers. That is a Chairman, Subcommittee on Energy, Natural ciple, recognized for more than a century by Resources, and Infrastructure, Committee the United States Supreme Court, that pro- fine sentiment, but my amendment has on Finance, U.S. Senate, Washington, DC. nothing to do with that. My amend- tects ‘‘public and general’’ acts by Congress DEAR SENATOR BINGAMAN: At your request, from breach of contract claims. ment doesn’t affect these incentives we have examined your proposal for a sever- In Merrion v. Jicarilla Apache Tribe, 455 U.S. one iota. It doesn’t speak to them at ance tax on production from federal oil and 130 (1982), for example. the Court upheld the all. So that is a straw man, just as it is gas leases in the Gulf of Mexico with an eye application of a severance tax on oil and nat- a straw man to argue that we ought to toward potential constitutional takings and ural gas production to long-term leases. The have the right to sock it to the oil breach of contract issues. We also have re- lessees claimed that the tax effectively in- companies because they are making viewed the June 14, 2007, memorandum from creased the royalties on oil and gas produc- the Congressional Research Service on this huge profits. I am not arguing that tion set forth in their contracts with the subject. Tribe. The Supreme Court rejected this proposition. In fact, yesterday, I of- We are thoroughly familiar with the legal claim inter alia on the ground that ‘‘Con- fered an amendment to eliminate a issues posed. Professor Leshy teaches them tractual arrangements remain subject to real loophole in one of those subsidies as part of his law school course in Federal subsequent legislation by the presiding sov- that one oil company is going to be Lands and Resources Law. In fact, he in- ereign. Even where the contract at issue re- taking advantage of, and both of the cludes a section on these takings and con- quires payment of a royalty for a license or Senators whom I mentioned voted to tracts issues in the standard law text that he franchise issued by the governmental entity, co-authors on the subject: Federal Public support that subsidy. I voted to elimi- the government’s power to tax remains un- Land and Resources Law, 6th Ed., 2007 (which less it ‘has been specifically surrendered in nate it. will appear next month). Professor Gray has I am not trying to protect the oil terms which admit of no other reasonable in- litigated several cases that involved similar terpretation.’ ’’ companies, obviously. I am trying to takings and breach of contract questions, in- Id. at 147–48 (citations omitted); see also protect the American consumer. My cluding Madera Irrigation District v. Hancock, Bowen v. Public Agencies Opposed to Social Se- amendment says if the American con- 985 F.2d 1397 (9th Cir. 1993); and Peterson v. curity Entrapment, 477 U.S. 41 (1986). In United sumer comes out OK, tax the oil com- Department of the Interior, 899 F.2d 799 (9th States v. Winstar, 518 U.S. 839 (1996), the Court panies. My amendment says if the Cir. 1990). He also has written several arti- modified this principle of contract interpre- American consumers are going to lose, cles on the subject and teaches these mate- tation in suits for damages—allowing certain rials in his own courses. then we say no, and then there are un- government contractors to sue for breach of In our judgment, the argument that this contract on the ground that a new law al- intended consequences to these senti- proposal raises a serious takings issue has a tered the terms of performance of their ex- ments of socking it to the oil compa- steep uphill climb. The Supreme Court has isting contracts with the United States. The nies, creating subsidies for renewable long been reluctant (for good reason) to give Court maintained the sovereign acts/unmis- energy producers and so on, fine. But if much scrutiny to takings arguments in the takable waiver doctrine in cases involving it adversely affects American con- context of federal tax proposals. See, e.g., new taxes however, because the consequence sumers and increases our dependency Houck v. Little River Drainage Dist., 239 U.S. of refunding tax payments in the form of upon foreign oil, then does anybody 254, 264–65 (1915) (special tax assessment not damages would be to nullify the tax. In the a taking ‘‘unless the exaction is a flagrant argue that we should do this? Wouldn’t Court’s words: ‘‘The application of the doc- abuse. and by reason of its arbitrary char- trine will therefore differ according to the they instead try to find another way to acter is mere confiscation of particular prop- different kinds of obligations the Govern- achieve the objective? I think the an- erty’’); Cole v. LaGrange, 113 U.S. 1, 8 1885) ment may assume and the consequences of swer is yes. (‘‘the taking of property by taxation requires enforcing them. At one end of the wide spec- My amendment says: Do what you no other compensation than the taxpayer re- trum are claims for enforcement of contrac- want to do here, but if it adversely af- ceives in being protected by the government tual obligations that could not be recognized fects the American consumer or in- to the support of which he contributes’’); without effectively limiting sovereign au- creases our dependence on foreign oil, County of Mobile v. Kimball, 102 U.S. 691, 703 thority, such as a claim for rebate under an (1880) (‘‘neither is taxation for a public pur- agreement for a tax exemption. Granting a that is where we say no, we need to pose, however great, the taking of private find another way to do this. rebate, like enjoining enforcement, would property for public use, in the sense of the simply block the exercise of the taxing My amendment doesn’t affect the un- Constitution’’). power, and the unmistakability doctrine derlying subsidies and doesn’t say that Even if a court were to apply the basic would have to be satisfied.’’ you cannot impose additional taxes. Penn Central takings analysis to the pro- Id. at 994 (citation omitted). These arguments are straw men. All I posed severance tax, we believe the proposal There is nothing in the existing OCS leases say is, if the American consumers end would easily satisfy that test. The tax is for that purport to waive or to limit Congress’ up being the losers, as they sometimes an important public purpose: funding of sovereign taxing authority. Accordingly, we have been with our tax policies, if clean energy tax initiatives, including re- conclude that existing lessees that are not newable energy, energy efficiency, and other presently paying royalties for deep water oil these are the unintended consequences clean energy programs. The proposed 13 per- and natural gas production would be un- and we become more dependent upon cent royalty is modest and would leave the likely successfully to challenge the proposed foreign oil, then we say no. That is all lessees significant net revenue from the pro- severance tax on grounds of breach of con- this amendment does. duction of oil and natural gas. And the tax, tract.

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8175 Please let us know if we may be of any ad- Three-fifths of the Senators duly cho- He has promoted recycling by legisla- ditional assistance. sen and sworn not having voted in the tion. He has done legislation to protect Sincerely yours, affirmative, the motion is rejected. our drinking water. Very importantly, JOHN D. LESHY, The point of order is sustained, and the he has ensured the public’s right to Harry D. Sunderland, Distinguished Pro- amendment falls. know about environmental hazards in fessor of Law. TRIBUTE TO SENATOR FRANK LAUTENBERG our communities. For me, personally, the legislative BRIAN E. GRAY, Mr. REID. Mr. President, a few min- Professor of Law. utes ago, a record was broken. Senator accolade that I wish to give him relates Mr. BAUCUS. Mr. President, I raise a FRANK LAUTENBERG has passed Senator to what he did regarding smoking ciga- pay-go point of order that the pending Clifford Case’s record for the most rettes. I have five children, and trav- Kyl amendment would worsen the def- votes cast by a Senator from the State eling back and forth to Nevada as we icit, in violation of section 201 of S. of New Jersey. have done, one of my boys was terribly Con. Res. 21, the concurrent resolution Senator LAUTENBERG’s career can’t affected by cigarette smoke. They tried on the budget for fiscal year 2008. possibly be summed up, though, on something where you could only smoke Mr. KYL. Mr. President, I move to numbers alone. I have had the good for- in certain parts of the airplane, but waive the applicable points of order tune of serving with this man in the that didn’t work. If you are allergic to with respect to my amendment, and I Senate since I came here. Sometimes cigarette smoke, that didn’t work. And ask for the yeas and nays on the mo- the term ‘‘American Dream’’ is thrown my boy, Key, suffered as a result of tion. around, and probably a bit too much, people smoking in those airplanes. The PRESIDING OFFICER. Is there a but if there were ever a Member of this When FRANK LAUTENBERG took on sufficient second? There is a sufficient body who exemplifies the American this battle, people actually made fun of second. The question is on agreeing to Dream, it is FRANK LAUTENBERG, the him—why would he take on the to- the motion. Senator from New Jersey. bacco industry; and if he did, did he The clerk will call the roll. FRANK LAUTENBERG was born without mind losing? Well, he lost a few bat- The legislative clerk called the roll. privilege to immigrant parents. He tles, but he won the war, and my boy is Mr. DURBIN. I announce that the served his country bravely in World extremely happy he did win that war. Senator from California (Mrs. BOXER) War II and put himself through Colum- Today they do not even have ashtrays and the Senator from South Dakota bia University on the GI bill. He is an on commercial airlines anymore. (Mr. JOHNSON) are necessarily absent. example of what the GI Bill of Rights The list is longer than I can possibly Mr. LOTT. The following Senators did for America. enumerate of his legislative accom- are necessarily absent: the Senator FRANK LAUTENBERG achieved great plishments, but one of the things that from Kansas (Mr. BROWNBACK), the personal success in the business world, is not a legislative accomplishment Senator from Oklahoma (Mr. COBURN), but he wanted to do more than be a that I so admire about FRANK LAUTEN- the Senator from Arizona (Mr. successful businessman. And he was a BERG is his sense of humor. There is a MCCAIN), and the Senator from Ala- successful businessman, both in reputa- story he tells, and he tells a number of bama (Mr. SESSIONS). tion and in the ability to make money stories, and I would go around and ask Further, if present and voting, the in our great free enterprise system. He him, would you tell your story again, Senator from Alabama (Mr. SESSIONS) was an exemplar of that. and he would tell it just as good as the would have voted ‘‘yea.’’ He decided he would seek public serv- last time. The one reason I so admire The PRESIDING OFFICER (Mr. ice, and, very unusually, he shot for his humor is he reminds me of Red TESTER). Are there any other Senators the top. He ran for the Senate—and ran Skelton, because even though he has in the Chamber desiring to vote? and ran and ran—and was elected in retold those jokes many times, in my The yeas and nays resulted—yeas 38, 1982. Senator LAUTENBERG’s legislative presence, he laughed harder each time nays 55, as follows: record is fantastic. It is terrific. He has at his own jokes. [Rollcall Vote No. 222 Leg.] been a titan here. Suffice to say, when the day has YEAS—38 Guns and crime: Author of the Do- come, and it will come, when histo- Alexander DeMint Martinez mestic Violence Ban, and sponsored rians write about Senator FRANK LAU- Allard Dole McConnell countless laws to make neighborhoods TENBERG, he will be hailed as a great Bayh Domenici Murkowski Bennett Ensign Roberts safer. legislator for the State of New Jersey, Bond Enzi Shelby Health and safety: He led the fight a legend in the Senate, and a foremost Bunning Graham Smith regarding drunk driving by toughening legislator of great repute standing up Burr Hagel Specter Federal laws and penalties relating for the health, safety, and welfare of Chambliss Hatch Stevens Cochran Hutchison thereto in the States. Sununu every single American, not just those Corker Inhofe Thune The environment: I had the good for- from New Jersey. Cornyn Isakson Vitter tune of serving with him on the Envi- His record-breaking vote is reason Craig Kyl Crapo Lott Warner ronment Committee from the first day enough to honor him, but his tremen- I arrived in the Senate, and I do say to NAYS—55 dous record is an accomplishment that FRANK, and he knows this, that as a re- will endure for many generations to Akaka Grassley Nelson (FL) sult of his having a very short retire- Baucus Gregg Nelson (NE) come. Congratulations, FRANK. Biden Harkin Obama ment, voluntarily, I was fortunate (Applause.) Bingaman Inouye Pryor enough to be able to become the chair- CLOTURE MOTION Brown Kennedy Reed man of that committee twice. Had he Byrd Kerry The PRESIDING OFFICER. Under Reid been here, he would have been the the previous order, pursuant to rule Cantwell Klobuchar Rockefeller Cardin Kohl Salazar chairman on those two occasions. XXII, the clerk will report the motion Carper Landrieu Sanders But no one, and I say it without any to invoke cloture. Casey Lautenberg Schumer reservation, has a better environ- Clinton Leahy The legislative clerk read as follows: Snowe Coleman Levin mental record in the history of our CLOTURE MOTION Collins Lieberman Stabenow country than FRANK LAUTENBERG. He Tester We, the undersigned Senators, in accord- Conrad Lincoln sponsored countless laws to reduce pol- ance with the provisions of rule XXII of the Dodd Lugar Voinovich Dorgan McCaskill Webb lution; clean up Superfund sites. One of Standing Rules of the Senate, do hereby Durbin Menendez Whitehouse the real battles of the Senate in recent move to bring to a close debate on the Bau- Feingold Mikulski Wyden years was the battle he and the rank- cus tax amendment No. 1704 to H.R. 6, the Feinstein Murray ing member had—and the chairman, Energy bill. NOT VOTING—6 they went back and forth—as to what Max Baucus, Jay Rockefeller, Kent Con- rad, Jeff Bingaman, John Kerry, Boxer Coburn McCain would happen regarding the Superfund Blanche L. Lincoln, Charles Schumer, Brownback Johnson Sessions in the Environment and Public Works Amy Klobuchar, Byron L. Dorgan, Ron The PRESIDING OFFICER. On this Committee. He has followed that like Wyden, Maria Cantwell, Ken Salazar, vote, the ayes are 38, the nays are 55. no one else has ever followed it. Daniel K. Akaka, Daniel K. Inouye,

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8176 CONGRESSIONAL RECORD — SENATE June 21, 2007 Sheldon Whitehouse, Sherrod Brown, The majority leader is recognized. He looked at me and said, ‘‘I memo- Harry Reid. Mr. REID. Mr. President, I enter a rized what I was going to say.’’ So he The PRESIDING OFFICER. By unan- motion to reconsider the vote by which gave 10 hours of lectures, and every imous consent, the mandatory quorum cloture was not invoked. word of it he memorized. call has been waived. The question is, The PRESIDING OFFICER. The mo- I could tell stories about this man for Is it the sense of the Senate that de- tion is entered. a long time. Let me just tell one more. bate on amendment No. 1704, offered by Mr. REID. Mr. President, if I could I was a fairly new Senator. Some of the Mr. BAUCUS of Montana, to H.R. 6, a have the attention of Senators? Senators may be listening to this who bill to reduce our Nation’s dependency The PRESIDING OFFICER. The Sen- went on this little trip we took to West on foreign oil by investing in clean, re- ate will come to order. Virginia. He invited the British parlia- newable, and alternative energy re- HONORING SENATOR ROBERT C. BYRD ON HIS mentarians to meet with us, a few Sen- sources, promoting new emerging en- 18,000TH VOTE ators, in the hills of West Virginia. It Mr. REID. Mr. President, the man ergy technologies, developing greater was beautiful. They had bluegrass seated behind me, ROBERT BYRD, just efficiency, and creating a Strategic En- music there. It was a festive occasion voted for the 18,000th time, more than ergy Efficiency and Renewables Re- for a relatively small number of British any other Senator in history. serve to invest in alternative energy, Let me tell a couple of things that parliamentarians and Senators. He and for other purposes, shall be are important to me about my rela- even sang. brought to a close? tionship with this unusually brilliant I can still remember him singing: The yeas and nays are mandatory man. ‘‘There’s More Pretty Girls Than One.’’ under the rule. I had returned from Nevada to Wash- Senator BYRD sang that. But the music The clerk will call the roll ington. I was a new Senator. I asked stopped, and he said: OK, if anybody The bill clerk called the roll. Senator BYRD what he had done that hears anything that I have said that is Mr. DURBIN. I announce that the weekend—he was standing back here. wrong, I have given a little notebook Senator from California (Mrs. BOXER) He said: I have been studying the and pencil. You write it down and we’ll and the Senator from South Dakota Roman Empire. I am reading, for the talk about it later. (Mr. JOHNSON), are necessarily absent. third time, Gibbon’s ‘‘The Decline and He proceeded to tell us and the Brit- Mr. LOTT. The following Senators Fall of the Roman Empire.’’ ish parliamentarians about the reign of are necessarily absent: the Senator He said: What did you do? I was a lit- the British monarchs, starting from from Kansas (Mr. BROWNBACK), the tle chagrined. I said: Well, I grabbed a the beginning. Remember, he has no Senator from Oklahoma (Mr. COBURN), little pocketbook out of my library at notes, he is just standing there, start- the Senator from Arizona (Mr. home. It was ‘‘The Adventures of Rob- ing from the beginning. If it was nec- MCCAIN), and the Senator from Ala- inson Crusoe.’’ essary, he would spell the name of the bama (Mr. SESSIONS). He looked—we all know Senator monarch. Every one of them he gave Further, if present and voting, the BYRD when he is thinking about some- the years they reigned. If it was some- Senator from Alabama (Mr. SESSIONS) thing. He rolled his head back, and he thing interesting that happened during would have voted ‘‘nay.’’ looked up and he said: their reign, he would tell us about it. It The PRESIDING OFFICER. Are there Robinson Crusoe, let’s see. How long was took him about 1 hour and 20 minutes any other Senators in the Chamber de- he on that island? Twenty-eight years, two to do this. siring to vote? months, two weeks, and five days. The British parliamentarians were The yeas and nays resulted—yeas 57, I looked at him like: What are you dumbfounded. Here is this American nays 36, as follows: talking about? I just read the book. I Senator telling them far more than [Rollcall Vote No. 223 Leg.] didn’t know how long he had been they knew about their own country. YEAS—57 there. So I went home that night and This man has been such an inspira- Akaka Feingold Nelson (FL) looked. Senator BYRD was right. Robin- tion to all of us, with his mind, this in- Baucus Feinstein Nelson (NE) son Crusoe had been on that island 28 credible mind. I just finished reading Bayh Grassley Obama years, 2 months, 2 weeks, and 5 days. I Walter Isakson’s ‘‘Einstein’’—a won- Biden Harkin Pryor Bingaman Inouye Reed bet he hadn’t read the book in 45 or 50 derful book, 528 pages, that talks about Brown Kennedy Roberts years, but he remembered that. this brilliant genius. I did not know Byrd Kerry Rockefeller All of us will remember how he dis- and I did not have the opportunity to Cantwell Klobuchar Salazar liked the line-item veto. He came to Cardin Kohl Sanders meet Albert Einstein, but I had the op- Carper Lautenberg Schumer the Senate floor once a week for 10 portunity to meet this genius. He has Casey Leahy Smith weeks and gave a lecture on the evils of an unparalleled knowledge of the Rules Clinton Levin Snowe the line-item veto. But he did it in a of the Senate. He has a reverence for Coleman Lieberman Specter Collins Lincoln Stabenow unique way because it was all about this institution that is unsurpassed. Conrad Lugar Tester the fall of the Roman Empire. His the- One of the things that I think is so im- Crapo McCaskill Thune sis was that the Roman Empire fell be- portant is that he believes in the Con- Dodd Menendez Webb cause the executive took power away Dorgan Mikulski Whitehouse stitution. I have here with me—the Durbin Murray Wyden from the legislative branch of govern- other one is worn out, but I have here, ment. He gave 10 lectures, every lec- with a very nice inscription that I NAYS—36 ture lasting exactly 1 hour. prize—I have it with me virtually every Alexander Dole Landrieu There is not a professor who teaches Allard Domenici Lott day—signed by the Senator from West Bennett Ensign Martinez Roman history who could give the de- Virginia, ROBERT BYRD. Bond Enzi McConnell tailed lecture on the Roman Empire These gifts he has been given by the Bunning Graham Murkowski that Senator BYRD did, but he gave it. Almighty bring to my mind words from Burr Gregg Reid It was so good. At the University of Chambliss Hagel Shelby Ralph Waldo Emerson in his ‘‘Essays Cochran Hatch Stevens Las Vegas they had a political science on Self-Reliance,’’ which was 10,000 Corker Hutchison Sununu department, and they took those lec- words long. Now, Senator BYRD, if he Cornyn Inhofe Vitter tures and turned them into a course, a Craig Isakson Voinovich were familiar with this, would recite it. DeMint Kyl Warner graduate course. I cannot. I can’t give you 10,000 words, What was quite remarkable is he did but I am going to give you the last NOT VOTING—6 it without a note. He just walked out paragraph of this brilliant essay by Boxer Coburn McCain here and gave his lecture. As we know, Brownback Johnson Sessions Ralph Waldo Emerson, which I think he referred to the Emperors and how talks about who this man is. The PRESIDING OFFICER. On this long they were there and the battles Use all that is called Fortune. vote, the yeas are 57, the nays are 36. that took place and the times they Most men gamble with her, and gain all, Three-fifths of the Senators duly cho- took place. and lose all, as her wheel rolls. sen and sworn not having voted in the I said: Senator BYRD, tell me how But do thou leave as unlawful these affirmative, the motion is rejected. you do that without a note. winnings, and deal with Cause and Effect,

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8177 the chancellors of God. In the Will work and duce our Nation’s dependence on for- Democrats and Republicans—because acquire, and thou hast chained the wheel of eign oil by investing in clean, renew- we are not getting things done. We Chance, and shalt sit hereafter out of fear able, and alternative energy resources, have to get over that. from her rotations. promoting new emerging energy tech- I so appreciate Democrats and Re- A political victory, a rise of rents, the re- covery of your sick, or the return of your ab- nologies, developing greater efficiency, publicans doing what is good for the sent friend, or some other favorable event and creating a Strategic Energy Effi- country on this vote. There are still raises your spirits, and you think good days ciency and Renewables Reserve to in- things with this bill I do not particu- are preparing for you. vest in alternative energy, and for larly like. There are things my col- Do not believe it. Nothing can bring you other purposes, shall be brought to a leagues on the other side of the aisle do peace but yourself. Nothing can bring you close? not like. But we have to start legis- peace but the triumph of principles. The yeas and nays are mandatory lating. I really do say—and I repeat—I So said Ralph Waldo Emerson. I con- under the rule. think this could be the beginning of gratulate the Senator from West Vir- The clerk will call the roll. our being able to legislate. ginia, ROBERT BYRD, for accomplishing The legislative clerk called the roll. I suggest the absence of a quorum. all he has done as a Member of the Sen- Mr. DURBIN. I announce that the The PRESIDING OFFICER. The ate. Senator from California (Mrs. BOXER) clerk will call the roll. The PRESIDING OFFICER. The mi- and the Senator from South Dakota The majority leader. nority leader is recognized. (Mr. JOHNSON) are necessarily absent. Mr. REID. Mr. President, I withdraw Mr. MCCONNELL. Mr. President, of Mr. LOTT. The following Senators that suggestion so the distinguished all the many milestones along the way are necessarily absent: the Senator Senator from West Virginia can be rec- of the extraordinary career of Senator from Kansas (Mr. BROWNBACK), the ognized. ROBERT BYRD—and, by the way, we Senator from Oklahoma (Mr. COBURN), The PRESIDING OFFICER. Without have celebrated a few of those on the the Senator from Arizona (Mr. objection, it is so ordered. floor of the Senate since I have been MCCAIN), and the Senator from Ala- Mr. REID. Mr. President, I ask unan- here, as he achieves more and more dis- bama (Mr. SESSIONS). imous consent that the Senator from tinction by setting more and more Further, if present and voting, the Maryland, Ms. MIKULSKI, be allowed to records about Senate service, I am al- Senator from Alabama (Mr. SESSIONS) follow the statement by Senator BYRD. ways reminded that Senator BYRD said would have voted ‘‘nay.’’ The PRESIDING OFFICER. Without his greatest accomplishment was his The PRESIDING OFFICER (Mr. NEL- objection, it is so ordered. extraordinary marriage to Erma for a SON of Nebraska). Are there any other The Senator from West Virginia. longer period of time than many Amer- Senators in the Chamber desiring to 18,000TH ROLLCALL VOTE icans live. I would suspect that if Sen- vote? Mr. BYRD. Mr. President, each Sen- ator BYRD were to list his most impor- The yeas and nays resulted—yeas 61, ator—every Senator—has a responsi- tant achievement, it would be his in- nays 32, as follows: bility to vote. The people of West Vir- credible, successful marriage to his be- [Rollcall Vote No. 224 Leg.] ginia expect me to do the job they sent loved Erma. YEAS—61 me here to do, and I am doing it. This Mr. President, let me add, on behalf 18,000th rollcall vote is a testament to Akaka Feingold Nelson (NE) of those on this side of the aisle, our Baucus Feinstein Obama their faith in me and to my work for congratulations to the distinguished Bayh Grassley Reed them. senior Senator from West Virginia. Bennett Gregg Reid I love this Senate. I love it dearly. I Biden Harkin Rockefeller love the Senate for its rules. I love the Mr. BYRD. I thank the Senator. Bingaman Inouye Salazar Senate for its precedents. I love the The PRESIDING OFFICER. The ma- Brown Kennedy Sanders jority leader. Byrd Kerry Schumer Senate for the difference it can make Cantwell Klobuchar Mr. REID. Mr. President, I ask unan- Smith in people’s lives. Cardin Kohl Snowe imous consent that the filing deadline Carper Lautenberg The Senate was viewed by the Fram- be extended until 2 p.m. for second-de- Casey Leahy Specter ers as a place where mature wisdom Clinton Lieberman Stevens would reside. The Senate was intended gree amendments. Sununu Coleman Lincoln to serve as a check on both the House The PRESIDING OFFICER. Without Collins Lugar Tester objection, it is so ordered. Conrad Martinez Thune of Representatives and the Executive. Warner CLOTURE MOTION Corker Menendez The longer terms, the older age re- Dodd Mikulski Webb The PRESIDING OFFICER. Under quirements, the special functions dele- Domenici Murkowski Whitehouse gated to the Senate regarding treaties, the previous order, pursuant to rule Dorgan Murray Wyden XXII the clerk will report the motion Durbin Nelson (FL) appointments, impeachment—all of these are indicative of the intent by to invoke cloture. NAYS—32 The legislative clerk read as follows: the Framers to have the Senate be the Alexander Dole Levin stabilizer, the fence, the check on at- CLOTURE MOTION Allard Ensign Lott tempts at tyranny, and the calmer po- We, the undersigned Senators, in ac- Bond Enzi McCaskill Bunning Graham McConnell litical passions. Partisanship was not cordance with the provisions of rule Burr Hagel Pryor viewed as necessary or constructive in Chambliss Hatch XXII of the Standing Rules of the Sen- Roberts that day in time so long ago, nor, may ate, do hereby move to bring to a close Cochran Hutchison Shelby Cornyn Inhofe Stabenow I say, is total devotion to partisanship debate on the Reid substitute amend- Craig Isakson Vitter constructive in this day in time or in ment No. 1502 to Calendar No. 9, H.R. 6, Crapo Kyl Voinovich DeMint Landrieu any day in time. the Energy bill. I have served in this Chamber for Jeff Bingaman, Barbara Boxer, Patty NOT VOTING—6 Murray, John Kerry, Robert Menendez, nearly five decades—nearly 50 years. Boxer Coburn McCain Times have changed. The world has Kent Conrad, Pat Leahy, Russell Fein- Brownback Johnson Sessions gold, Jack Reed, Christopher Dodd, changed. But our responsibilities, our Ken Salazar, Joe Biden, Frank R. Lau- The PRESIDING OFFICER. On this duties, as Senators have not changed. tenberg, Daniel K. Inouye, Dianne vote, the yeas are 61, the nays are 32. We have a responsibility, a duty, to the Feinstein, Jay Rockefeller, Byron L. Three-fifths of the Senators duly cho- people to make our country a better Dorgan. sen and sworn having voted in the af- place. The people send us here to do a The PRESIDING OFFICER. By unan- firmative, the motion is agreed to. job. They do not send us here to score imous consent, the mandatory quorum The majority leader. political points or to advance our per- call has been waived. Mr. REID. Mr. President, we are all sonal agenda. The question is, Is it the sense of the partisans here, but I really do believe If I could have one wish as I cast this Senate that debate on amendment No. this vote we just took is going to 18,000th vote, it could be that the Sen- 1502, offered by the Senator from Ne- change the complexion of the Senate. ate could put aside the political games, vada, Mr. REID, to H.R. 6, a bill to re- The American people are upset at us— roll up our sleeves, and get back to

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8178 CONGRESSIONAL RECORD — SENATE June 21, 2007 work for the great people of this great more to get to work than they are for businesses and an increase in fuel effi- country of America. their food bill in certain areas. As the ciency standards for our vehicles on Mr. President, I yield the floor. Presiding Officer knows, small busi- the road and our vehicles in the air. The PRESIDING OFFICER. The Sen- nesses need those vans to make those Now, in considering any fuel effi- ator from Maryland. deliveries, whether they own a flower ciency standard, otherwise known as Ms. MIKULSKI. Mr. President, shop, whether they are a heating and CAFE, I come back to where I began: today, the Senate is trying to come up air-conditioning guy, whether they are My heart and soul lies with the Amer- with an energy bill. I know Senators a plumber or whether they are the per- ican worker, so I believe anything we have been working very hard on all son delivering pharmaceuticals to do must preserve American jobs, but it sides of the aisle to come up with con- nursing homes. In my own State right also must achieve real savings in oil sensus legislation we can support, and now, the watermen, those fishermen consumption. It also has to be realiz- I really do support them. I wish to par- are out on the Chesapeake Bay trying able and achievable. That means a real ticularly call to the attention of the to harvest ever-diminishing crabs with technological ability to accomplish it. Senate the efforts of Senators Pryor ever-increasing fuel prices. That means a reasonable lead time to and Levin and Stabenow to try to come It is time to conserve our energy re- adjust our production. up with a compromise on the CAFE. sources and to deal with the crisis we I also believe we have to create in- But we are now where we are. We are at are facing. We know that energy and centives to enable companies to a very important juncture in our his- gasoline and petroleum products are in achieve those goals. I don’t believe in tory. limited supply and are going up. We an industrial policy where we pick win- You know me. I am a blue-collar Sen- know that America’s dependence on ners and losers, but if we are going to ator. My heart and soul lies with the foreign oil presents a very serious na- pick a winning energy policy, we have blue-collar American. I spent most of tional security challenge. to provide some type of help to the in- my life in a blue-collar neighborhood. I am on the Intelligence Committee, dustry to help them get where we need When Bethlehem Steel went on strike, and I know what these transnational for them to go. my dad gave those workers credit. threats are. I know that energy inde- In the 1950s, when part of the world When UAW was having a hard time, my pendence is absolutely crucial to fight- saw the Iron Curtain come down and father and mother tried to smooth the ing the global war against terrorism. If they went into communism, many way by helping them in the grocery we follow the money, we know that against their own will, such as Poland, store. My career and my public service every time we are putting money into Latvia, and Estonia, there was a whole is one of deep commitment to the the tank, we are putting money into other world that chose to go with what working people. So when automobile the pockets of the petro jihadists, they called a Socialist tendency. We manufacturers told me they could not those petro jihadists who are trying to saw industrial democracies such as meet the increased CAFE standards, I undermine us everywhere around the England, France, and Canada develop a listened. I listened year after year, and world. They are undermining and at- national health system. We said: Oh, now I have listened for more than 20 tacking our troops in Iraq. They are no, we are Americans. We don’t want years. When they told me they needed funding Hezbollah so they can attack to go that way. We don’t want to have more time, I agreed. When they told Israel; Hugo Chavez, shake, rattling, a national health system. So we said to me an increase in CAFE standards was and rolling in Latin America. Do we the private sector: Provide health care, unattainable with existing technology, want our money going to the petro provide pensions, and we will support I voted against the increase to give jihadists who want to plot and destroy that. So our American manufacturing more time so we could come up with not only American lives but the Amer- base went to a defined benefit. They attainable and existing technology. ican way of life? I don’t want to sup- did provide health care. They did pro- But 20 years have gone by since the port al-Qaida by buying more gasoline vide pensions. Now, they should not be last increase in fuel efficiency stand- than I have to, but this is what Iran, penalized for it. Yet you look at the ards. I was here when we voted for Venezuela, and others are doing. fact that our American manufacturers those CAFE standards. Now, after 20 We need to reduce our dependence on and our automobile industry itself does years, I firmly do believe it is time for foreign oil, and that is one of the most carry the legacy cost of health care; we a change—not any kind of change—a important ways we can as the public is asked them to do it and they did do it. smart change, a feasible change, an af- by fighting the war against terrorism. General Motors provides more health fordable change. That is why I support There are 150,000 men and women fight- care than the VA system. They provide the Energy bill that is before us. I sup- ing in Iraq today. The temperature is more health care than some countries port the framework that has been gen- 110 degrees. We already have lost 14 around the world. They have legacy erally presented by Senator FEINSTEIN more military. While we are doing costs to retirees. So if we are going to of California. I know that American that, though, there are 300 million of make the move in CAFE, we have to automobile manufacturers and their us who don’t have to share in the sac- acknowledge that issue and how that workers are true patriots. They want rifice of the battle in Iraq, but we can impacts their competitiveness. what is best for our Nation. They have share in that sacrifice if we embrace Let’s put our thinking caps on. Let’s faced challenges before and they have energy conservation and are serious not only help one industry. Maybe this met them and I believe they will face about it. At the same time, we know is the time to motivate us to get seri- these challenges now. I believe they there is a dangerous increase in the cli- ous about having universal health care want to build vehicles that are safer mate crisis that affects the life of our and a real prescription drug benefit so and more energy efficient. planet. It, too, is a national security we don’t dump it on the private sector The time has now come to increase issue because, make no mistake, the to do. fuel efficiency standards. We need a na- climate crisis will affect our food sup- I also know, when we look at this in tional effort. We need a national stand- ply and will create a climate in which terms of preserving jobs, we need to ard. It is time for our automobile in- infectious disease will grow and nat- also make sure that the technology is dustry to make the changes because ural disasters will increase. achievable, and I believe it is. I believe they need to be able to do that to help What can we do about it? How can we also there are certain waivers in this their own industry survive and also for sign up to have a safer America, a safer bill that help them achieve—that deal the interest of the Nation. planet? Well, I believe the most sen- with the fact that if they cannot in- I believe our world and our Nation is sible foundation of an energy plan crease some of these standards, the facing a crisis. When you look at the must begin with conservation. We have mandates can be waived. But you don’t increased gas prices at the pump, it is to make better use of what we have in get an energy policy by mandates hurting every single one of us. When our homes, in our businesses, in our alone. We can’t mandate and regulate you talk to families, you learn it now cars, and in our airplanes. We also need our way out of this. costs $90 to fill up a minivan. A com- incentives for new renewable energy I am going to vote to raise fuel effi- muter who has no other way to get to and energy-efficient technologies that ciency standards, only because I am so work than an automobile is now paying we can use in our homes and in our convinced it is in our national security

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8179 interests. But I do not want to ignore The PRESIDING OFFICER. Without any pay, Heaven forbid. He just wanted the economic impact that this is going objection, it is so ordered. to have the time off for observance of to have on the automobile industry. We EMPLOYEE FREE CHOICE ACT the holiday. He and his very close can’t just mandate and we can’t just Mr. LAUTENBERG. Mr. President, friend asked the foreman if it would be regulate. So I say to my colleagues, if the first thing I want to do is take a all right if they took the day off for the we are going to go energy, then let’s go minute to publicly thank the majority observance of the holiday, which was to health care. If we are going to go en- leader for the kindness he extended to the week following. The reply was very ergy, then let’s fix the prescription me earlier when he announced the fact quick: Oh, sure, you can take the day drug benefit and don’t talk about ve- that I have cast the second-highest off, but don’t come back to work here toes and filibusters. Let’s now work in number of votes of any Senator from anymore. With that, you can imagine our national interests. Let’s now work the State of New Jersey. the view of my father and his friend for our manufacturing base. Mr. President, I am as surprised as not being able to continue a job that Out-of-control health care costs anybody in this Chamber that this was scarce and difficult to get. So they mean that companies are less able to event took place and that kind of lon- waited, hat in hand. be innovative and invest in technology. gevity has been extended to me by the In those days, people would wear hats Our current President likes to talk a people of New Jersey. I now enter the to work in common labor at a mill. lot about relieving the tax burden, but middle of my 23rd year in the Senate They described that, hat in hand, the to our business community, the cost of and I want to continue to serve. But two of them nervously waited for the health care is a tax because we have that is a discussion for another time. owner of the company to come by. not gotten serious about how to pro- The majority leader was very gen- They would not let them go into the vide affordable health care, both to the erous in his comments about me. Com- owner’s office. Heaven forbid, that is people who want to buy it and busi- ing from a person who has provided so no place for people like you. But the nesses who want to provide it. So let’s much by way of leadership and con- owner was a kind, generous man. When get rid of that health care tax on tribution to the country as Harry Reid, he walked out, they stopped him and American business and come up with it is a touching experience. We are explained that they desperately wanted universal health care. Last year we busy, but Senator REID took time out to take the holiday off, but they need- made some progress in helping manu- of the business of the day to note the ed their jobs. The owner was a kind, facturers meet their pension obliga- fact that I had achieved that record. sympathetic person, and he said: Take tions, and we can do it in health care. The biggest surprise of all is, for me, the time off, and you are going to be The time has come to raise the CAFE the fact that I have been in this Cham- paid for that holiday. standards, but the time has come also ber as long as I have been. I spent 30 That was the beginning days of union to put our thinking caps on, to be an years building a company with a couple representation in this country—very innovation society, and to come up of colleagues. active, very confrontational, very dif- with new ideas for efficiency, new tech- That is the legend of America—what ficult, and sometimes violent. But my nologies for energy efficiency, new can happen even if you are born poor father saw and his friend saw that they composite materials to make cars but you have some assistance. I wore had to have a better way to do things lighter but keep them safe, and at the the uniform of this country proudly than stand hat in hand and beg for a same time to seriously come to grips during World War II. I was a bene- day off. Fortunately, they found a kind with health care. ficiary of the GI Bill of Rights. That is man who listened and gave them the This is not an easy vote for me. I am how they defined the educational op- day off. But the experience was sear- telling you, this is not an easy vote for portunity that was given. ing, and they never forgot that work- me. I have always, for 20 years, stood Mr. President, my surprise—my awe, ing people had to have representation. with colleagues such as Senators Levin if I may—was that I was able to go to Both of them then became active in and Stabenow. I stand with them now. Columbia University, a distinguished union organization. Those were dif- But I also know that if the American educational facility, which was some- ficult days. We have all heard stories automobile industry is going to survive thing I never dreamed possible because about employees who wanted some rep- and that if we are going to deal with of the humble roots that my family resentation, wanted a voice in how the petro jihadists, we need to get seri- had. They gave me values—nothing of they were paid, wanted a voice in what ous about fuel efficiency. Let’s get seri- value but values. My parents’ admoni- conditions were like. ous about the legislation. Let’s get se- tion throughout my life was to always My father worked in a mill. My fa- rious about health care. Let’s be seri- be honest, always tell the truth, al- ther was a health faddist even in those ous about the American workers, and ways work hard, and remember one days. He took very good care of him- let’s get the job done the people want thing, son: There are people as poor as self. He was a man with muscles. He us to do. we are. As difficult as it is at times, would go to the gym, and he would lift So today, I know we voted for cloture there are always people less fortunate. weights. He belonged to the local Y. He on the bill, but we have to continue to My grandmother had a little bank in never smoked, was light on coffee, and speak up on what we need to do to the house, which we shared with her no liquor. He died when he was 43 years make us a safer country, but to keep a many times, in which we would put old. He contracted cancer when he was stronger economy, and for God’s sake, small coins, to be used for—I cannot 42. The cause was almost undetermin- could we start to be smarter about it. say charity but for others who were able, but they realized that there were Mr. President, I yield the floor, and I less fortunate. materials they used when they worked note the absence of a quorum. So I stand in this Chamber at this with the silk to keep the silk brittle The PRESIDING OFFICER. The moment, and I want to talk about and to keep the machinery working clerk will call the roll. something related to roots—to my that ultimately caused my father’s The assistant legislative clerk pro- roots. My father and my mother strug- cancer. His brother died at age 56 also ceeded to call the roll. gled to make a living. My father from cancer. Their father died at age 52 Mr. LAUTENBERG. Mr. President, I worked in the silk mills of Paterson, also from cancer induced by the envi- ask unanimous consent that the order NJ, a textile city. Others like my dad ronment at the factory in which they for the quorum call be rescinded. and mother were brought to this coun- worked. The PRESIDING OFFICER (Mr. try by their parents, hoping for an op- The fact is that people who work in SALAZAR). Without objection, it is so portunity to make a living and to have places like this should have a voice— ordered. some degree of opportunity. and we see disparities, such as taking Mr. LAUTENBERG. Mr. President, I My father worked in the silk mill 10 years to raise the minimum wage. ask unanimous consent to speak as if with a dear friend of his who was later It is time to give unions, to give in morning business, the time to be very active in union organization. My working people a chance to have a charged to the time allotted for clo- father made a plea to his foreman for a voice in their work or their oppor- ture. I will probably take up to 10 min- holiday off. It was an important reli- tunity to take care of their families, or utes. gious holiday. He wasn’t looking for the opportunity, as my father said, to

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8180 CONGRESSIONAL RECORD — SENATE June 21, 2007 hold your head high, be proud, be proud talk as someone who came from the union wages, and union workers are al- you are a worker, be proud you are corporate boardroom. I can be accused most twice as likely to have employer- contributing something to your coun- of being a tree hugger because I care sponsored health benefits. try. about the environment. I can be ac- In 2005, 1.3 million New Jersey resi- What we see now is distressing, cused of other things. But I can’t be ac- dents were uninsured for health. That which is why we are discussing freedom cused of not understanding what it is is 300,000 more residents than 5 years of choice for workers, to give them a like to run a business, a successful ago. Union membership can make a chance have their voice heard without business. huge difference to them and their fami- having to go through a hassle about If people want representation, when lies. Hard-working Americans deserve whether they are organized. I have seen we see that there are people in this these benefits. We need the Employee what happens. I ran a very big com- country making $1.8 billion for a single Free Choice Act so workers can express pany. When I left the company, it had year’s work, and many others earning themselves without intimidation. They 16,000 employees. Today it has 40,000 $240 million or more. The salaries are have to be certified if they make that employees, a company I started with 2 adequate enough, as they said in an ar- kind of choice. But we also want em- other poor kids from the neighborhood. ticle in the New York Times a couple ployers to be accountable when they We were always very conscious of our of weeks ago, that if you took the com- violate the law. This bill will strength- responsibility to our employees. That bined wages of people who made $240 en penalties for employer violations of is why the company was so successful. million or more in the year, you could the National Labor Relations Act so It had the longest growth of any com- pay 80,000 school teachers in the city of that employers are deterred from pany in American history of 10 percent New York for 3 years. breaking the law. or more on the bottom line. There are disparities, and what has Workers deserve an atmosphere We had a case in New Jersey where a to happen is that people who work for where they can choose a union without bus driver was fired for being a union a living have to understand their work, intimidation or coercion. They need a supporter and giving testimony to the their effort, their contribution to the strong law to allow them to make their National Labor Relations Board. Even country. We have Tom Brokaw here for own choice without interference from as we gather here, we see that employ- lunch right now. He wrote a book, ‘‘The management. The Employee Free ers are still using all kinds of tactics to Greatest Generation.’’ What was it? It Choice Act is that law. It will give em- harass, threaten, or fire workers who was working people who made the con- ployees a stronger voice in shaping the try to exercise their right to form a tribution. It was working people who workplace and will help employees union. Ninety-two percent of employ- on D–Day—I didn’t arrive in Europe on earn more money, benefits, and im- ers make their employees sit through D–Day; I arrived a little bit later— prove their futures. I am proud to support this bill for one-sided, anti-union presentations, ac- those who were there, those who were New Jersey’s and America’s current cording to a study by Cornell Univer- the heroes, those who saved their com- union members and for those who want sity. panions, working people. They are enti- The Cornell study also said that 78 to unionize. tled to be heard. I urge my colleagues to support the percent of employers have supervisors Workers cannot be hassled or har- bill. Permit people to make their hold repeated closed-door, one-on-one assed to be kept from expressing their choice and make it freely and not have meetings with workers to intimidate interests in a union. This bill says em- to be worried about intimidation or them to oppose the union. ployees can select a union as soon as a harassment. If you want to join a I don’t think those kinds of tactics majority signs a card saying they want union, simple: Fill out a card. Why are appropriate. Decent jobs are ever representation. Current law allows for should they be deprived from doing so more scarce in this country as we ship this majority signup, but only at the for their future? I don’t think they so many jobs abroad, as technology— employer’s discretion. The employer should be. and I come from the computer busi- can instead demand an election and use Madam President, I yield the floor ness; I know something about tech- that time before that election to scare and suggest the absence of a quorum. nology—as technology takes jobs away workers away from joining a union. The PRESIDING OFFICER (Mrs. from people whose only skills are man- The Employee Free Choice Act will MCCASKILL). The clerk will call the ual skills, and they need a way to protect and enhance the right of work- roll. make a living. You don’t have to be a ers to join a union, and there is good The assistant legislative clerk pro- new immigrant to need a job where you reason for some to choose a union. As ceeded to call the roll. use your hands, use your body, or use President Bush helps the wealthy get Mr. GRAHAM. I ask unanimous con- your strength to make a living. But wealthier, helps the corporations de- sent that the order for the quorum call these jobs are going further and further velop ever more earnings, I see nothing be rescinded. afield because of the technology. wrong with that as long as there is a The PRESIDING OFFICER (Ms. KLO- We should not allow employers to fairness, an equity. When a company BUCHAR). Without objection, it is so or- prevent workers from having a greater such as ExxonMobil earns almost $40 dered. voice in their workplace on issues of billion in a year, and Americans pull Mr. GRAHAM. Madam President, I pay and benefits and working condi- up to the pump and very often they are ask unanimous consent to speak for 5 tions. giving away a significant part of their minutes. We can improve this situation by purchasing power at that gasoline The PRESIDING OFFICER (Ms. passing the Employee Free Choice Act pump, we have to be sure we don’t to- CANTWELL). Without objection, it is so to protect workers and to protect their tally demoralize the working people of ordered. rights—again I use the expression— this country. HEROES OF CHARLESTON hold their heads high, know they can Union wages can help low- and mid- Mr. GRAHAM. Madam President, my provide for their families, know they dle-wage workers earn their way to colleagues have been very kind to me don’t have to apologize to their kids new opportunities and financial sta- in passing on their condolences from for having to work as hard as so many bility. Everybody knows it costs more the people of their States regarding do, two jobs in many cases. to live these days. It costs more to Charleston. I publicly acknowledge all The bill that is in front of us will let send a kid to college. It costs more to the kindness they have shown to me employees select a union if a majority get health care. It costs more for gaso- and Senator DEMINT regarding the loss signs cards saying they want represen- line. It costs more for mortgages. It of the firefighters in South Carolina. It tation. They don’t want to take over costs more for everything. was a huge blow to the community of the ownership of the company. They We have to make sure that the people Charleston. Nine very brave souls lost don’t want to deprive senior executives who work for a living, who do the their lives trying to protect their fel- from making their salaries or their building, who do the lifting, are able to low citizens. Senator KENNEDY spoke benefits. When we see what is hap- make a living. very eloquently of the life of a fire- pening in America today, there is a When it comes to wages, union wages fighter. Senator DODD and so many frightening specter out there, and I are almost 30 percent higher than non- people have offered their condolences.

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8181 There will be a memorial service to- I would like to end this statement ‘‘(2) FUEL ECONOMY TARGET FOR AUTO- morrow in Charleston. I will be going with the understanding that there is MOBILES.— with other members of the delegation, nothing we can do to replace your loss. ‘‘(A) AUTOMOBILE FUEL ECONOMY AVERAGE and we will have a resolution before But we can and we will be there by FOR MODEL YEARS 2011 THROUGH 2020.—The Sec- retary shall prescribe average fuel economy the Senate tomorrow honoring these your side as you move forward. standards for automobiles in each model heroes. God bless. year beginning with model year 2011 to I learned, talking with Senators KEN- I yield back the remainder of my achieve a combined fuel economy average for NEDY and KERRY, that there were six or time. model year 2020 of at least 35 miles per gal- seven firefighters lost in Worcester, I suggest the absence of a quorum. lon for the fleet of automobiles manufac- MA, not that long ago. I have been told The PRESIDING OFFICER (Mr. tured or sold in the United States. The aver- the Charleston fire was the largest loss WHITEHOUSE). The clerk will call the age fuel economy standards prescribed by of life among firefighters since 9/11. roll. the Secretary shall be the maximum feasible Those who have been to Charleston, The legislative clerk proceeded to average fuel economy standards for model SC, know what a wonderful, beautiful call the roll. years 2011 through 2019. community it is. It is one of the most Mr. REID. Mr. President, I ask unan- ‘‘(B) AUTOMOBILE FUEL ECONOMY AVERAGE FOR MODEL YEARS 2021 THROUGH 2030.—For open, welcoming communities in the imous consent that the order for the model years 2021 through 2030, the average country. To the families, we grieve quorum call be rescinded. fuel economy required to be attained by the with you. We can only imagine the The PRESIDING OFFICER. Without fleet of automobiles manufactured or sold in pain you are going through. I hope you objection, it is so ordered. the United States shall be the maximum fea- do realize you have so many people in Mr. REID. Mr. President, I make a sible average fuel economy standard for the your corner saying prayers for your point of order that the pending amend- fleet. well-being and deeply appreciative of ments are either nongermane or are ‘‘(C) PROGRESS TOWARD STANDARD RE- the sacrifice your loved ones made. drafted improperly and are out of QUIRED.—In prescribing average fuel econ- It is human nature for most people to order. omy standards under subparagraph (A), the The PRESIDING OFFICER. Without Secretary shall prescribe annual fuel econ- run away from fires. Only firemen run omy standard increases that increase the ap- into them. Thank God people are will- objection, the majority leader may plicable average fuel economy standard rat- ing to do that, go off and serve in the make a combined point of order ably beginning with model year 2011 and end- military, be policemen, EMTs, many of against the pending amendments. ing with model year 2020.’’. the other jobs that require self-preser- The point of order is sustained, and (b) FUEL ECONOMY TARGET FOR COMMERCIAL vation to take a backseat to the com- the amendments fall. MEDIUM-DUTY AND HEAVY-DUTY ON-HIGHWAY mon good. Self-preservation is a strong Mr. STEVENS. Mr. President, is the VEHICLES.—Section 32902 of title 49, United instinct. I know parents would do any- pending business the Reid substitute? States Code, is amended by adding at the end thing for their children, and that is a The PRESIDING OFFICER. That is thereof the following: very understandable emotion, taking correct. ‘‘(k) COMMERCIAL MEDIUM- AND HEAVY- DUTY ON-HIGHWAY VEHICLES.— care of your loved ones and your fam- AMENDMENT NO. 1792, AS MODIFIED ‘‘(1) STUDY.—No later than 18 months after ily. That probably trumps self-preser- Mr. STEVENS. Mr. President, I ask the date of enactment of the Ten-in-Ten Fuel vation—most of the time, anyway. unanimous consent that my amend- Economy Act, the Secretary of Transpor- Doing it for somebody you don’t know ment No. 1792 be called up and modified tation, in consultation with the Secretary of makes you a hero. When you are will- by amendment No. 1843. Energy and the Administrator of the Envi- ing to give your life, risk your life for The PRESIDING OFFICER. Is there ronmental Protection Agency, shall examine someone you don’t know, that is where objection? Without objection, it is so the fuel efficiency of commercial medium- the term ‘‘hero’’ applies. ordered. The clerk will report. and heavy-duty on-highway vehicles and de- To the families who have lost loved The legislative clerk read as follows: termine— ‘‘(A) the appropriate test procedures and ones, I do hope you have some comfort The Senator from Alaska (Mr. STEVENS) methodologies for measuring commercial knowing that what your loved one was proposes an amendment numbered 1792, as medium- and heavy-duty on-highway vehicle modified. doing was so important. In this case, fuel efficiency; there was a belief that a civilian was The amendment is as follows: ‘‘(B) the appropriate metric for measuring left in the warehouse unaccounted for, On page 239, beginning with line 16, strike and expressing commercial medium- and so the firemen went back in to look for through line 5 on page 277 and insert the fol- heavy-duty on-highway vehicle fuel effi- this person. Unfortunately, the worst lowing: ciency performance, taking into consider- happened. The building collapsed on TITLE V—CORPORATE AVERAGE FUEL ation, among other things, the work per- them, and there was a tremendous ECONOMY STANDARDS formed by such on-highway vehicles and tragedy. SEC. 501. SHORT TITLE. types of operations in which they are used; There are so many ways to thank This title may be cited as the ‘‘Ten-in-Ten ‘‘(C) the range of factors, including, with- firemen, and I am very inadequate in Fuel Economy Act’’. out limitation, design, functionality, use, duty cycle, infrastructure, and total overall that regard. SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES AND CERTAIN energy consumption and operating costs that Similar to most young kids, I OTHER VEHICLES. effect commercial medium- and heavy-duty thought being a fireman was about the (a) INCREASED STANDARDS.—Section 32902 on-highway vehicle fuel efficiency; and top of the pyramid. It seemed like the of title 49, United States Code, is amended— ‘‘(D) such other factors and conditions that neatest job in the world. But as you get (1) by striking ‘‘NON-PASSENGER AUTO- could have an impact on a program to im- older, you realize how dangerous it is. MOBILES.—’’ in subsection (a) and inserting prove commercial medium- and heavy-duty It is one of those occupations, such as ‘‘PRESCRIPTION OF STANDARDS BY REG- on-highway vehicle fuel efficiency. being a policeman or other occupa- ULATION.—’’; ‘‘(2) RULEMAKING.—No later than 24 months tions—but particularly firemen—that (2) by striking ‘‘(except passenger auto- after completion of the study required by mobiles)’’ in subsection (a); and paragraph (1), the Secretary, in consultation every day is a real risk you take. with the Secretary of Energy and the Admin- To the people of Charleston, SC: I (3) by striking subsection (b) and inserting the following: istrator of the Environmental Protection know you are banded together. I know ‘‘(b) STANDARDS FOR AUTOMOBILES AND CER- Agency, by regulation, shall determine in a you are mourning together. You have TAIN OTHER VEHICLES.— rulemaking procedure how to implement a the wishes of this body. All the Sen- ‘‘(1) IN GENERAL.—The Secretary of Trans- commercial medium- and heavy-duty on- ators—Republicans and Democrats— portation, after consultation with the Ad- highway vehicle fuel efficiency improvement very much have you in their prayers. ministrator of the Environmental Protection program designed to achieve the maximum To the families: Tomorrow will be a Agency, shall prescribe average fuel econ- feasible improvement, and shall adopt appro- difficult day. It will be a very touching omy standards for— priate test methods, measurement metrics, day. It will be a day of remembrance ‘‘(A) automobiles manufactured by manu- fuel economy standards, and compliance and and mourning. It will also be a day of facturers in each model year beginning with enforcement protocols that are appropriate, model year 2011 in accordance with sub- cost-effective, and technologically feasible celebration, celebrating the lives of section (c); and for commercial medium- and heavy-duty on- those brave firefighters who represent ‘‘(B) commercial medium-duty or heavy- highway vehicles. the best of my State and the best of duty on-highway vehicles in accordance with ‘‘(3) LEAD-TIME; REGULATORY STABILITY.— humanity. subsection (k). Any commercial medium- and heavy-duty

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on-highway vehicle fuel efficiency regu- the value to the United States of reduced (e) ALTERNATIVE FUEL ECONOMY STAND- latory program adopted pursuant to this sub- fuel use from a proposed fuel economy stand- ARDS FOR LOW VOLUME MANUFACTURERS AND section shall provide no less than 4 full ard is greater than or equal to the cost to NEW ENTRANTS.—Section 32902(d) of title 49, model years of regulatory lead-time and 3 the United States of such standard. In deter- United States Code, is amended to read as full model years of regulatory stability. mining cost-effectiveness, the Secretary follows: ‘‘(4) COMMERCIAL MEDIUM- AND HEAVY-DUTY shall give priority to those technologies and ON-HIGHWAY VEHICLE DEFINED.—In this sub- packages of technologies that offer the larg- ‘‘(d) ALTERNATIVE AVERAGE FUEL ECONOMY section, the term ‘commercial medium- and est reduction in fuel use relative to their STANDARD.— heavy-duty on-highway vehicle’ means an costs. ‘‘(1) IN GENERAL.—Upon the application of on-highway vehicle with a gross vehicle ‘‘(4) FACTORS FOR CONSIDERATION BY SEC- an eligible manufacturer, the Secretary of weight rating of more than 8,500 pounds, and RETARY IN DETERMINING COST-EFFECTIVE- Transportation may prescribe an alternative that, in the case of a vehicle with a gross ve- NESS.—The Secretary shall consult with the average fuel economy standard for auto- hicle weight rating of less than 10,000 Administrator of the Environmental Protec- mobiles manufactured by that manufacturer pounds, is not an automobile.’’. tion Agency, and may consult with such if the Secretary determines that— (c) AUTHORITY OF SECRETARY.—Section other departments and agencies as the Sec- ‘‘(A) the applicable standard prescribed 32902 of title 49, United States Code, as retary deems appropriate, and shall consider under subsection (a), (b), or (c) is more strin- amended by subsection (b), is further amend- in the analysis the following factors: gent than the maximum feasible average fuel ed by adding at the end thereof the fol- ‘‘(A) Economic security. economy level that manufacturer can lowing: ‘‘(B) The impact of the oil or energy inten- achieve; and ‘‘(l) AUTHORITY OF THE SECRETARY.— sity of the United States economy on the ‘‘(B) the alternative average fuel economy ‘‘(1) VEHICLE ATTRIBUTES; MODEL YEARS sensitivity of the economy to oil and other standard prescribed under this subsection is COVERED.—The Secretary shall— fuel price changes, including the magnitude the maximum feasible average fuel economy ‘‘(A) prescribe by regulation average fuel of gross domestic product losses in response level that manufacturer can achieve. economy standards for automobiles based on to short term price shocks or long term price ‘‘(2) APPLICATION OF ALTERNATIVE STAND- vehicle attributes related to fuel economy increases. ARD.—The Secretary may provide for the ap- and to express the standards in the form of a ‘‘(C) National security, including the im- plication of an alternative average fuel econ- mathematical function; and pact of United States payments for oil and omy standard prescribed under paragraph (1) ‘‘(B) issue regulations under this title pre- other fuel imports on political, economic, to— scribing average fuel economy standards for and military developments in unstable or un- ‘‘(A) the manufacturer that applied for the 1 or more model years. friendly oil-exporting countries. alternative average fuel economy standard; ‘‘(2) PROHIBITION OF UNIFORM PERCENTAGE ‘‘(D) The uninternalized costs of pipeline ‘‘(B) all automobiles to which this sub- INCREASE.—When the Secretary prescribes a and storage oil seepage, and for risk of oil section applies; or standard, or prescribes an amendment under spills from production, handling, and trans- ‘‘(C) classes of automobiles manufactured this section that changes a standard, the port, and related landscape damage. by eligible manufacturers. standard may not be expressed as a uniform ‘‘(E) The emissions of pollutants including ‘‘(3) IMPORTERS.—Notwithstanding para- percentage increase from the fuel-economy greenhouse gases over the lifecycle of the graph (1), an importer registered under sec- performance of attribute classes or cat- fuel and the resulting costs to human health, tion 30141(c) may not be exempted as a man- egories already achieved in a model year by the economy, and the environment. ufacturer under paragraph (1) for an auto- a manufacturer.’’. ‘‘(F) Such additional factors as the Sec- mobile that the importer— SEC. 503. AMENDING FUEL ECONOMY STAND- retary deems relevant. ‘‘(A) imports; or ARDS. ‘‘(5) MINIMUM VALUATION.—When consid- ‘‘(B) brings into compliance with applica- (a) IN GENERAL.—Section 32902(c) of title ering the value to consumers of a gallon of ble motor vehicle safety standards pre- 49, United States Code, is amended to read as gasoline saved, the Secretary of Transpor- scribed under chapter 301 for an individual follows: tation shall use as a minimum value the described in section 30142. ‘‘(c) AMENDING FUEL ECONOMY STAND- greater of— ‘‘(4) APPLICATION.—The Secretary of Trans- ARDS.—Notwithstanding subsections (a) and ‘‘(A) the average value of gasoline prices portation may prescribe the contents of an (b), the Secretary of Transportation— projected by the Energy Information Admin- application for an alternative average fuel ‘‘(1) may prescribe a standard higher than istration over the period covered by the economy standard. that required under subsection (b); or standard; or ‘‘(5) ELIGIBLE MANUFACTURER DEFINED.—In ‘‘(2) may prescribe an average fuel econ- ‘‘(B) the average value of gasoline prices this section, the term ‘eligible manufac- omy standard for automobiles that is the for the 5-year period immediately preceding turer’ means a manufacturer that— maximum feasible level for the model year, the year in which the standard is estab- ‘‘(A) is not owned in whole or in part by despite being lower than the standard re- lished.’’. another manufacturer that sold greater than quired under subsection (b), if the Secretary (c) CONSULTATION REQUIREMENT.—Section 0.5 percent of the number of automobiles sold determines, based on clear and convincing in the United States in the model year prior evidence, that the average fuel economy 32902(i) of title 49, United States Code, is amended by inserting ‘‘and the Adminis- to the model year to which the application standard prescribed in accordance with sub- relates; sections (a) and (b) for automobiles in that trator of the Environmental Protection Agency’’ after ‘‘Energy’’. ‘‘(B) sold in the United States fewer than model year is shown not to be cost-effec- 0.4 percent of the number of automobiles sold (d) COMMENTS.—Section 32902(j) of title 49, tive.’’. in the United States in the model year that United States Code, is amended— (b) FEASIBILITY CRITERIA.—Section 32902(f) is 2 years before the model year to which the (1) by striking paragraph (1) and inserting of title 49, United States Code, is amended to application relates; and ‘‘(1) Before issuing a notice proposing to pre- read as follows: ‘‘(C) will sell in the United States fewer ‘‘(f) DECISIONS ON MAXIMUM FEASIBLE AV- scribe or amend an average fuel economy than 0.4 percent of the automobiles sold in ERAGE FUEL ECONOMY.— standard under subsection (b), (c), or (g) of the United States for the model year for ‘‘(1) IN GENERAL.—When deciding maximum this section, the Secretary of Transportation which the alternative average fuel economy feasible average fuel economy under this sec- shall give the Secretary of Energy and Ad- standard will apply. tion, the Secretary shall consider— ministrator of the Environmental Protection ‘‘(6) LIMITATION.—For purposes of this sub- ‘‘(A) economic practicability; Agency at least 30 days after the receipt of section, notwithstanding section 32901(a)(4), ‘‘(B) the effect of other motor vehicle the notice during which the Secretary of En- the term ‘automobile manufactured by a standards of the Government on fuel econ- ergy and Administrator may, if the Sec- manufacturer’ includes every automobile omy; retary of Energy or Administrator concludes manufactuered by a person that controls, is ‘‘(C) environmental impacts; and that the proposed standard would adversely controlled by, or is under common control ‘‘(D) the need of the United States to con- affect the conservation goals of the Sec- with the manufacturer. serve energy. retary of Energy or environmental protec- ‘‘(2) LIMITATIONS.—In setting any standard tion goals of the Administrator, provide (f) TECHNICAL AND CONFORMING AMEND- under subsection (b), (c), or (d), the Sec- written comments to the Secretary of Trans- MENTS.— retary shall ensure that each standard is the portation about the impact of the standard (1) Section 32902(d) of title 49, United highest standard that— on those goals. To the extent the Secretary States Code, is amended by striking ‘‘pas- ‘‘(A) is technologically achievable; of Transportation does not revise a proposed senger’’ each place it appears. ‘‘(B) can be achieved without materially standard to take into account comments of (2) Section 32902(g) of title 49, United reducing the overall safety of automobiles the Secretary of Energy or Administrator on States Code, is amended— manufactured or sold in the United States; any adverse impact of the standard, the Sec- (A) by striking ‘‘subsection (a) or (d)’’ each ‘‘(C) is not less than the standard for that retary of Transportation shall include those place it appears in paragraph (1) and insert- class of vehicles from any prior year; and comments in the notice.’’; and ing ‘‘subsection (b), (c), or (d)’’; and ‘‘(D) is cost-effective. (2) by inserting ‘‘and the Administrator’’ (B) striking ‘‘(and submit the amendment ‘‘(3) COST-EFFECTIVE DEFINED.—In this sub- after ‘‘Energy’’ each place it appears in para- to Congress when required under subsection section, the term ‘cost-effective’ means that graph (2). (c)(2) of this section)’’ in paragraph (2).

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8183 SEC. 504. DEFINITIONS. (3) by striking ‘‘3 consecutive model years’’ attains a fuel economy of at least 50 miles (a) IN GENERAL.—Section 32901(a) of title in subsection (a)(2) and inserting ‘‘5 consecu- per gallon.’’. 49, United States Code, is amended— tive model years’’; SEC. 508. CONTINUED APPLICABILITY OF EXIST- (1) by striking paragraph (3) and inserting (4) in subsection (a)(2), by striking ‘‘clause ING STANDARDS. the following: (1) of this subsection,’’ and inserting ‘‘para- Nothing in this title, or the amendments ‘‘(3) except as provided in section 32908 of graph (1)’’; and made by this title, shall be construed to af- this title, ‘automobile’ means a 4-wheeled (5) by striking subsection (e) and inserting fect the application of section 32902 of title vehicle that is propelled by fuel, or by alter- the following: 49, United States Code, to passenger auto- native fuel, manufactured primarily for use ‘‘(e) CREDIT TRADING AMONG MANUFACTUR- mobiles or non-passenger automobiles manu- on public streets, roads, and highways and ERS.—The Secretary of Transportation may factured before model year 2011. rated at not more than 10,000 pounds gross establish, by regulation, a corporate average SEC. 509. NATIONAL ACADEMY OF SCIENCES vehicle weight, except— fuel economy credit trading program to STUDIES. ‘‘(A) a vehicle operated only on a rail line; allow manufacturers whose automobiles ex- (a) IN GENERAL.—As soon as practicable ‘‘(B) a vehicle manufactured by 2 or more ceed the average fuel economy standards after the date of enactment of this Act, the manufacturers in different stages and less prescribed under section 32902 to earn credits Secretary of Transportation shall execute an than 10,000 of which are manufactured per to be sold to manufacturers whose auto- agreement with the National Academy of year; or mobiles fail to achieve the prescribed stand- Sciences to develop a report evaluating vehi- ‘‘(C) a work truck.’’; and ards such that the total oil savings associ- cle fuel economy standards, including— (2) by adding at the end the following: ated with manufacturers that exceed the pre- (1) an assessment of automotive tech- ‘‘(17) ‘work truck’ means an automobile scribed standards are preserved when trans- nologies and costs to reflect developments that the Secretary determines by regula- ferring credits to manufacturers that fail to since the Academy’s 2002 report evaluating tion— achieve the prescribed standards.’’. the corporate average fuel economy stand- ‘‘(A) is rated at between 8,500 and 10,000 SEC. 507. LABELS FOR FUEL ECONOMY AND ards was conducted; pounds gross vehicle weight; and GREENHOUSE GAS EMISSIONS. (2) an analysis of existing and potential ‘‘(B) is not a medium-duty passenger vehi- Section 32908 of title 49, United States technologies that may be used practically to cle (as defined in section 86.1803–01 of title 40, Code, is amended— improve automobile and medium-duty and Code of Federal Regulations).’’. (1) by redesignating subparagraph (F) of heavy-duty truck fuel economy; (b) DEADLINE FOR REGULATIONS.—The Sec- subsection (b)(1) as subparagraph (H) and in- (3) an analysis of how such technologies retary of Transportation— serting after subparagraph (E) the following: may be practically integrated into the auto- (1) shall issue proposed regulations imple- ‘‘(F) a label (or a logo imprinted on a label motive and medium-duty and heavy-duty menting the amendments made by sub- required by this paragraph) that— truck manufacturing process; and section (a) not later than 1 year after the ‘‘(i) reflects an automobile’s performance (4) an assessment of how such technologies date of enactment of this Act; and on the basis of criteria developed by the Ad- may be used to meet the new fuel economy (2) shall issue final regulations imple- ministrator to reflect the fuel economy and standards under chapter 329 of title 49, menting the amendments not later than 18 greenhouse gas and other emissions con- United States Code, as amended by this title. months after the date of the enactment of sequences of operating the automobile over (b) QUINQUENNIAL UPDATES.—After submit- this Act. its likely useful life; ting the initial report, the Academy shall (c) EFFECTIVE DATE.—Regulations pre- ‘‘(ii) permits consumers to compare per- update the report at 5 year intervals there- scribed under subsection (b) shall apply be- formance results under clause (i) among all after through 2025. ginning with model year 2010. automobiles; and (c) REPORT.—The Academy shall submit SEC. 505. ENSURING SAFETY OF AUTOMOBILES. ‘‘(iii) is designed to encourage the manu- the report to the Secretary, the Senate Com- (a) IN GENERAL.—Subchapter II of chapter facture and sale of automobiles that meet or mittee on Commerce, Science, and Transpor- 301 of title 49, United States Code, is amend- exceed applicable fuel economy standards tation and the House of Representatives ed by adding at the end the following: under section 32902. Committee on Energy and Commerce, with ‘‘§ 30129. Vehicle compatibility standard ‘‘(G) a fuelstar under paragraph (5).’’; and its findings and recommendations no later (2) by adding at the end of subsection (b) than 18 months after the date on which the ‘‘(a) STANDARDS.—The Secretary of Trans- portation shall issue a motor vehicle safety the following: Secretary executes the agreement with the ‘‘(4) GREEN LABEL PROGRAM.— standard to reduce automobile incompati- Academy. bility. The standard shall address character- ‘‘(A) MARKETING ANALYSIS.—Not later than SEC. 510. STANDARDS FOR EXECUTIVE AGENCY istics necessary to ensure better manage- 2 years after the date of the enactment of AUTOMOBILES. ment of crash forces in multiple vehicle fron- the Ten-in-Ten Fuel Economy Act, the Ad- (a) IN GENERAL.—Section 32917 of title 49, tal and side impact crashes between different ministrator shall implement a consumer United States Code, is amended to read as types, sizes, and weights of automobiles with education program and execute marketing follows: a gross vehicle weight of 10,000 pounds or less strategies to improve consumer under- ‘‘§ 32917. Standards for Executive agency in order to decrease occupant deaths and in- standing of automobile performance de- automobiles juries. scribed in paragraph (1)(F). ‘‘(a) FUEL EFFICIENCY.—The head of an Ex- ‘‘(b) CONSUMER INFORMATION.—The Sec- ‘‘(B) ELIGIBILITY.—Not later than 3 years ecutive agency shall ensure that each new retary shall develop and implement a public after the date described in subparagraph (A), automobile procured by the Executive agen- information side and frontal compatibility the Administrator shall issue requirements cy is as fuel efficient as practicable. crash test program with vehicle ratings for the label or logo required under para- ‘‘(b) DEFINITIONS.—In this section: based on risks to occupants, risks to other graph (1)(F) to ensure that an automobile is ‘‘(1) EXECUTIVE AGENCY.—The term ‘Execu- motorists, and combined risks by vehicle not eligible for the label or logo unless it— tive agency’ has the meaning given that make and model.’’. ‘‘(i) meets or exceeds the applicable fuel term in section 105 of title 5. (b) RULEMAKING DEADLINES.— economy standard; or ‘‘(2) NEW AUTOMOBILE.—The term ‘new (1) RULEMAKING.—The Secretary of Trans- ‘‘(ii) will have the lowest greenhouse gas automobile’, with respect to the fleet of portation shall issue— emissions over the useful life of the vehicle automobiles of an executive agency, means (A) a notice of a proposed rulemaking of all vehicles in the vehicle attribute class an automobile that is leased for at least 60 under section 30129 of title 49, United States to which it belongs in that model year. consecutive days or bought, by or for the Ex- Code, not later than January 1, 2012; and ‘‘(5) FUELSTAR PROGRAM.— ecutive agency, after September 30, 2008. The (B) a final rule under such section not later ‘‘(A) IN GENERAL.—The Secretary shall es- term does not include any vehicle designed than December 31, 2014. tablish a program, to be known as the for combat-related missions, law enforce- (2) EFFECTIVE DATE OF REQUIREMENTS.—Any ‘Fuelstar Program’, under which stars shall ment work, or emergency rescue work.’’. requirement imposed under the final rule be imprinted on or attached to the label re- (b) REPORT.—The Administrator of the issued under paragraph (1) shall become fully quired by paragraph (1). General Services Administration shall de- effective not later than September 1, 2018. ‘‘(B) GREEN STARS.—Under the Fuelstar velop a report describing and evaluating the (c) CONFORMING AMENDMENT.—The chapter Program, a manufacturer may include on the efforts of the heads of the Executive agencies analysis for chapter 301 is amended by in- label maintained on an automobile under to comply with section 32917 of title 49, serting after the item relating to section paragraph (1)— United States Code, for fiscal year 2009. The 30128 the following: ‘‘(i) 1 green star for any automobile that Administrator shall submit the report to ‘‘30129. Vehicle compatibility standard’’. meets the average fuel economy standard for Congress no later than December 31, 2009. SEC. 506. CREDIT TRADING PROGRAM. the model year under section 32902; and SEC. 511. INCREASING CONSUMER AWARENESS Section 32903 of title 49, United States ‘‘(ii) 1 additional green star for each 2 OF FLEXIBLE FUEL AUTOMOBILES. Code, is amended— miles per gallon by which the automobile ex- Section 32908 of title 49, United States (1) by striking ‘‘passenger’’ each place it ceeds such standard. Code, is amended by adding at the end the appears; ‘‘(C) GOLD STARS.—Under the Fuelstar Pro- following: (2) by striking ‘‘section 32902(b)–(d) of this gram, a manufacturer may include a gold ‘‘(g) INCREASING CONSUMER AWARENESS OF title’’ each place it appears and inserting star on the label maintained on an auto- FLEXIBLE FUEL AUTOMOBILES.—(1) The Sec- ‘‘subsection (a), (c), or (d) of section 32902’’; mobile under paragraph (1) if the automobile retary of Energy, in consultation with the

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8184 CONGRESSIONAL RECORD — SENATE June 21, 2007 Secretary of Transportation, shall prescribe tire inflation pressure, alignment, rotation, (i) electric drive technology; and regulations that require the manufacturer of and tread wear to maximize fuel efficiency. (ii) other applications the Secretary deems automobiles distributed in interstate com- ‘‘(3) APPLICABILITY.—This section shall not appropriate; merce for sale in the United States— apply to tires excluded from coverage under (B) an assessment of the progress of re- ‘‘(A) to prominently display a permanent section 575.104(c)(2) of title 49, Code of Fed- search activities of the Initiative; and badge or emblem on the quarter panel or eral Regulations, as in effect on date of en- (C) assistance in annually updating ad- tailgate of each such automobile that indi- actment of the Ten-in-Ten Fuel Economy vanced battery technology and battery sys- cates such vehicle is capable of operating on Act. tems roadmaps. alternative fuel; and ‘‘(b) CONSULTATION.—The Secretary shall (d) AVAILABILITY TO THE PUBLIC.—The in- ‘‘(B) to include information in the owner’s consult with the Secretary of Energy and the formation and roadmaps developed under manual of each such automobile information Administrator of the Environmental Protec- this section shall be available to the public. that describes— tion Agency on the means of conveying tire (e) PREFERENCE.—In making awards under ‘‘(i) the capability of the automobile to op- fuel efficiency consumer information. this subsection, the Secretary shall give erate using alternative fuel; ‘‘(c) REPORT TO CONGRESS.—The Secretary preference to participants in the Industry ‘‘(ii) the benefits of using alternative fuel, shall conduct periodic assessments of the Alliance. including the renewable nature, and the en- rules promulgated under this section to de- (f) COST SHARING.—In carrying out this sec- vironmental benefits of using alternative termine the utility of such rules to con- tion, the Secretary shall require cost sharing fuel; and sumers, the level of cooperation by industry, in accordance with section 120(b) of title 23, ‘‘(C) to contain a fuel tank cap that is and the contribution to national goals per- United States Code. clearly labeled to inform consumers that the taining to energy consumption. The Sec- (g) AUTHORIZATION OF APPROPRIATIONS.— automobile is capable of operating on alter- retary shall transmit periodic reports detail- There are authorized to be appropriated to native fuel. ing the findings of such assessments to the carry out this section such sums as may be ‘‘(2) The Secretary of Transportation shall Senate Committee on Commerce, Science, necessary for each of fiscal years 2008 collaborate with automobile retailers to de- and Transportation and the House of Rep- through 2012. velop voluntary methods for providing pro- resentatives Committee on Energy and Com- SEC. 515. BIODIESEL STANDARDS. spective purchasers of automobiles with in- merce. (a) IN GENERAL.—Not later than 180 days formation regarding the benefits of using al- ‘‘(d) TIRE MARKING.—The Secretary shall ternative fuel in automobiles, including— not require permanent labeling of any kind after the date of enactment of this Act, the ‘‘(A) the renewable nature of alternative on a tire for the purpose of tire fuel effi- Administrator of the Environmental Protec- fuel; and ciency information. tion Agency, in consultation with the Sec- ‘‘(B) the environmental benefits of using ‘‘(e) PREEMPTION.—When a requirement retary of Transportation and the Secretary alternative fuel.’’. under this section is in effect, a State or po- of Energy, shall promulgate regulations to SEC. 512. PERIODIC REVIEW OF ACCURACY OF litical subdivision of a State may adopt or ensure that all diesel-equivalent fuels de- FUEL ECONOMY LABELING PROCE- enforce a law or regulation on tire fuel effi- rived from renewable biomass that are intro- DURES. ciency consumer information only if the law duced into interstate commerce are tested Beginning in December, 2009, and not less or regulation is identical to that require- and certified to comply with appropriate often than every 5 years thereafter, the Ad- ment. Nothing in this section shall be con- American Society for Testing and Materials ministrator of the Environmental Protection strued to preempt a State or political sub- standards. Agency, in consultation with the Secretary division of a State from regulating the fuel (b) DEFINITIONS.—In this section: of Transportation, shall— efficiency of tires not otherwise preempted (1) BIODIESEL.— (1) reevaluate the fuel economy labeling under this chapter.’’. (A) IN GENERAL.—The term ‘‘biodiesel’’ procedures described in the final rule pub- (b) ENFORCEMENT.—Section 30165(a) of title means the monoalkyl esters of long chain lished in the Federal Register on December 49, United States Code, is amended by adding fatty acids derived from plant or animal 27, 2006 (71 Fed. Reg. 77,872; 40 C.F.R. parts 86 at the end the following: matter that meet— and 600) to determine whether changes in the ‘‘(4) SECTION 30123a.—Any person who fails (i) the registration requirements for fuels factors used to establish the labeling proce- to comply with the national tire fuel effi- and fuel additives established by the Envi- dures warrant a revision of that process; and ciency consumer information program under ronmental Protection Agency under section (2) submit a report to the Senate Com- section 30123A is liable to the United States 211 of the Clean Air Act (42 U.S.C. 7545); and mittee on Commerce, Science, and Transpor- Government for a civil penalty of not more (ii) the requirements of the American Soci- tation and the House of Representatives than $50,000 for each violation.’’. ety of Testing and Materials D6751. Committee on Energy and Commerce that (c) Conforming Amendment.—The chapter (B) INCLUSIONS.—The term ‘‘biodiesel’’ in- describes the results of the reevaluation analysis for chapter 301 of title 49, United cludes esters described in subparagraph (A) process. States Code, is amended by inserting after derived from— SEC. 513. TIRE FUEL EFFICIENCY CONSUMER IN- the item relating to section 30123 the fol- (i) animal waste, including poultry fat, FORMATION. lowing: poultry waste, and other waste material; and (a) IN GENERAL.—Chapter 301 of title 49, ‘‘30123A. Tire fuel efficiency consumer infor- (ii) municipal solid waste, sludge, and oil United States Code, is amended by inserting mation’’. derived from wastewater or the treatment of after section 30123 the following new section: SEC. 514. ADVANCED BATTERY INITIATIVE. wastewater. ‘‘§ 30123A. Tire fuel efficiency consumer infor- (a) IN GENERAL.—The Secretary of Energy, (2) BIODIESEL BLEND.—The term ‘‘biodiesel mation in consultation with the Secretary of Trans- blend’’ means a mixture of biodiesel and die- ‘‘(a) RULEMAKING.— portation, shall establish and carry out an sel fuel, including— ‘‘(1) IN GENERAL.—Not later than 18 months Advanced Battery Initiative in accordance (A) a blend of biodiesel and diesel fuel ap- after the date of enactment of the Ten-in- with this section to support research, devel- proximately 5 percent of the content of Ten Fuel Economy Act, the Secretary of opment, demonstration, and commercial ap- which is biodiesel (commonly known as Transportation shall, after notice and oppor- plication of battery technologies. ‘‘B5’’); and tunity for comment, promulgate rules estab- (b) INDUSTRY ALLIANCE.—Not later than 180 (B) a blend of biodiesel and diesel fuel ap- lishing a national tire fuel efficiency con- days after the date of enactment of this Act, proximately 20 percent of the content of sumer information program for tires de- the Secretary shall competitively select an which is biodiesel (commonly known as signed for use on motor vehicles to educate Industry Alliance to represent participants ‘‘B20’’). consumers about the effect of tires on auto- who are private, for-profit firms SEC. 516. USE OF CIVIL PENALTIES FOR RE- mobile fuel efficiency. headquartered in the United States, the pri- SEARCH AND DEVELOPMENT. ‘‘(2) ITEMS INCLUDED IN RULE.—The rule- mary business of which is the manufacturing Section 32912 of title 49, United States making shall include— of batteries. Code, is amended by adding at the end there- ‘‘(A) a national tire fuel efficiency rating (c) RESEARCH.— of the following: system for motor vehicle tires to assist con- (1) GRANTS.—The Secretary shall carry out ‘‘(e) USE OF CIVIL PENALTIES.—For fiscal sumers in making more educated tire pur- research activities of the Initiative through year 2008 and each fiscal year thereafter, chasing decisions; competitively-awarded grants to— from the total amount deposited in the gen- ‘‘(B) requirements for providing informa- (A) researchers, including Industry Alli- eral fund of the Treasury during the pre- tion to consumers, including information at ance participants; ceding fiscal year from fines, penalties, and the point of sale and other potential infor- (B) small businesses; other funds obtained through enforcement mation dissemination methods, including (C) National Laboratories; and actions conducted pursuant to this section the Internet; (D) institutions of higher education. (including funds obtained under consent de- ‘‘(C) specifications for test methods for (2) INDUSTRY ALLIANCE.—The Secretary crees), the Secretary of the Treasury, subject manufacturers to use in assessing and rating shall annually solicit from the Industry Alli- to the availability of appropriations, shall— tires to avoid variation among test equip- ance— ‘‘(1) transfer 50 percent of such total ment and manufacturers; and (A) comments to identify advanced battery amount to the account providing appropria- ‘‘(D) a national tire maintenance consumer technology and battery systems needs rel- tions to the Secretary of Transportation for education program including, information on evant to— the administration of this chapter, which

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8185 shall be used by the Secretary to carry out a this subsection for any station of the eligible resource potential, inconsistent gov- program of research and development into entity during a fiscal year. ernment policies discourage their ex- fuel saving automotive technologies and to (4) USE OF FUNDS.— ploration and development. As a direct support rulemaking under this chapter; and (A) IN GENERAL.—A grant provided under result, the amount of oil imported each ‘‘(2) transfer 50 percent of such total this subsection shall be used for the con- amount to the Energy Security Fund estab- struction or expansion of alternative fueling year is increasing, and our Federal lished by section 517(a) of the Ten-in-Ten infrastructure. lands, including those in my home Fuel Economy Act.’’. (B) ADMINISTRATIVE EXPENSES.—Not more State of Alaska, are being withdrawn SEC. 517. ENERGY SECURITY FUND AND ALTER- than 3 percent of the amount of a grant pro- from oil and gas development and ex- NATIVE FUEL GRANT PROGRAM. vided under this subsection shall be used for ploration. These policies have been— (a) ESTABLISHMENT OF FUND.— administrative expenses. and will continue to be detrimental to (1) IN GENERAL.—There is established in the SEC. 518. AUTHORIZATION OF APPROPRIATIONS. our national security and long-term Treasury a fund, to be known as the ‘‘Energy There are authorized to be appropriated to environmental economic health. The Security Fund’’ (referred to in this section the Secretary of Transportation $25,000,000 as the ‘‘Fund’’), consisting of— time has come for those of us in Con- for each of fiscal years 2009 through 2021 to gress, as the custodians of the public (A) amounts transferred to the Fund under carry out the provisions of chapter 329 of section 32912(e)(2) of title 49, United States title 49, United States Code. trust, to make the difficult energy pol- Code; and SEC. 519. APPLICATION WITH CLEAN AIR ACT. icy decisions that will serve to benefit (B) amounts credited to the Fund under future generations. paragraph (2)(C). Nothing in this title shall be construed to conflict with the authority provided by sec- Those who advocate a one-approach- (2) INVESTMENT OF AMOUNTS.— tions 202 and 209 of the Clean Air Act (42 fixes-all solution are misleading the (A) IN GENERAL.—The Secretary of the Treasury shall invest in interest-bearing ob- U.S.C. 7521 and 7543, respectively). American public. The only way our Na- ligations of the United States such portion SEC. 520. ALTERNATIVE FUEL VEHICLE ACTION tion will achieve energy independence of the Fund as is not, in the judgment of the PLAN. is through a combination of initiatives. Secretary of the Treasury, required to meet (a) IN GENERAL.—The Secretary of Trans- Conservation, domestic production, current withdrawals. portation shall, establish and implement an and the development of alternative (B) SALE OF OBLIGATIONS.—Any obligation action plan which takes into consideration the availability cost effectiveness of alter- sources of energy are all parts of the acquired by the Fund may be sold by the broader solution. The end to our crisis Secretary of the Treasury at the market native fuels, which will ensure that, begin- price. ning with model year 2015, the percentage of lies in the balance between them, and (C) CREDITS TO FUND.—The interest on, and new automobiles for sale in the United the advancement of each will also re- the proceeds from the sale or redemption of, States that are alternative fuel automobiles duce greenhouse gas emissions. One any obligations held in the Fund shall be is not less than 50 percent. initiative without the others will sim- credited to, and form a part of, the Fund in (b) DEFINITIONS.—In this section: ply not be enough to achieve our en- accordance with section 9602 of the Internal (1) ALTERNATIVE FUEL AUTOMOBILE.—The ergy objective. Revenue Code of 1986. term ‘‘alternative fuel automobile’’ means the following but not limited to— The fuel economy provisions of this (3) USE OF AMOUNTS IN FUND.—Amounts in bill would enhance conservation. The the Fund shall be made available to the Sec- (A) a new advanced lean burn technology retary of Energy, subject to the availability motor vehicle (as defined in section 30B(c)(3) measure would remove the legal ambi- of appropriations, to carry out the grant pro- of the Internal Revenue Code of 1986) that guity that for years has inhibited the gram under subsection (b). achieves at least 125 percent of the model Secretary of Transportation from rais- (b) ALTERNATIVE FUELS GRANT PROGRAM.— year 2002 city fuel economy; ing fuel economy standards for pas- (1) IN GENERAL.—Not later than 90 days (B) an alternative fueled automobile; senger cars, and mandate significant after the date of enactment of this Act, the (C) a flexible fuel automobile; fuel economy increases for both pas- (D) a new qualified fuel cell motor vehicle Secretary of Energy, acting through the senger cars and light trucks. Clean Cities Program of the Department of (as defined in section 30B(e)(4) of such Code). Energy, shall establish and carry out a pro- (E) a new qualified hybrid motor vehicle By providing authority to increase gram under which the Secretary shall pro- (as defined in section 30B(d)(3) of such Code); standards for passenger vehicles, and vide grants to expand the availability to con- (F) a plug-in hybrid automobile; challenging automobile makers to in- sumers of alternative fuels (as defined in sec- (G) an electric automobile; vest toward the achievement of a spe- tion 32901(a) of title 49, United States Code). (H) a hydrogen internal combustion engine cific fuel economy target, this amend- (2) ELIGIBILITY.— automobile; and ment would provide consumers with (A) IN GENERAL.—Except as provided in (I) any other automobile that uses substan- fuel savings at the pump, limit our Na- subparagraph (B), any entity that is eligible tially new technology and achieves at least tion’s dependence on foreign oil, and to receive assistance under the Clean Cities 175 percent of the model year 2002 city fuel Program shall be eligible to receive a grant economy, as determined by the Secretary of significantly reduce greenhouse gas under this subsection. Transportation, by regulation. emissions. (B) EXCEPTIONS.— (2) Other terms.—Any term used in this I am fully aware of the aggressive- (i) CERTAIN OIL COMPANIES.—A large, section that is defined in section 32901 of ness of the target standard set forth in vertically-integrated oil company shall not title 49, United States Code, has the meaning this bill and the challenges involved be eligible to receive a grant under this sub- given that term in that section. with reaching the fuel economy stand- section. Mr. STEVENS. Mr. President, the ard for the domestic vehicle fleet. And (ii) PROHIBITION OF DUAL BENEFITS.—An en- fuel economy compromise that I filed I thank Chairman INOUYE for agreeing tity that receives any other Federal funds to allow regulatory flexibility in the for the construction or expansion of alter- yesterday, as now amended, is a step native refueling infrastructure shall not be toward addressing our energy crisis. I event that the targets set forth by this eligible to receive a grant under this sub- thank my dear friend chairman INOUYE legislation are not feasible. But the section for the construction or expansion of and his staff for working across the overall charge to the auto industry set the same alternative refueling infrastruc- aisle to ensure a bipartisan measure. I forth in this measure is not unfamiliar ture. support the notion articulated by the to the industry during times of geo- (C) ENSURING COMPLIANCE.—Not later than President in his State of the Union Ad- political instability. In fact, the CAFE 30 days after the date of enactment of this dress that we need to modernize the program was born out of very similar Act, the Secretary of Energy shall promul- circumstances in 1973, during the Arab gate regulations to ensure that, before re- Nation’s fuel economy program, and ceiving a grant under this subsection, an eli- save a significant amount of fuel over oil embargo. At the time, our Nation gible entity meets applicable standards re- the next decade. I believe the provision recognized that it was in our national lating to the installation, construction, and we now consider would effectuate that interest to reduce our dependence on expansion of infrastructure necessary to in- policy goal in a thoughtful and func- foreign sources of oil by demanding crease the availability to consumers of alter- tional way. better fuel economy from our auto- native fuels (as defined in section 32901(a) of Once again, our Nation stands at a mobiles. History has now repeated title 49, United States Code). crossroads in our history. The United itself and a combination of events, in- (3) MAXIMUM AMOUNT.— States faces an energy crisis, but we cluding the aftermath of Hurricane (A) GRANTS.—The amount of a grant pro- vided under this subsection shall not exceed find ourselves trapped in a vicious Katrina and geopolitical unrest, has $30,000. cycle which will only make its con- precipitated once again the need for (B) AMOUNT PER STATION.—An eligible enti- sequences more severe. While our Na- difficult energy conservation deter- ty shall receive not more than $90,000 under tion is blessed with enormous natural minations.

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8186 CONGRESSIONAL RECORD — SENATE June 21, 2007 Mr. President, the terrorist attacks sources would generate billions of dol- if there are any other votes we have to waged on this country on September lars for the Federal Government, which have on some of these germane amend- 11, 2001, and the ongoing turmoil in the could aid in our quest for alternative ments. Middle East have brought into focus sources of energy if we use this new Mr. CRAIG. Will the leader yield? the need to reduce our dependence on revenue to invest in research efforts all foreign oil. The United States im- and infrastructure development. Mr. REID. I will be happy to yield. ports almost 11 million barrels of crude Mr. President, I ask for action on the Mr. CRAIG. Mr. President, on behalf oil every day, compared with only 5 amendment. of our colleagues, is it possible at this million produced here at home. And The PRESIDING OFFICER. The time for the leader to give us some more than 2 million imported barrels question is on agreeing to the amend- timeframe as it relates to the pack- arrive from the Persian Gulf each day. ment, as modified. aging and possible activity this Domestic consumption has increased The amendment (No. 1792), as modi- evening and into tomorrow? since 1993 from 17 million to 21 million fied, was agreed to. Mr. REID. Mr. President, I move to Mr. REID. I thank the Senator from barrels per day. The savings achieved reconsider the vote. Idaho very much. I say to my dear by increasing fuel economy standards Mr. STEVENS. I move to lay that friend from a neighboring State of Ne- for the entire domestic passenger vehi- motion on the table. vada, we are trying—and I have had a cle fleet is an essential component of The motion to lay on the table was number of conversations this afternoon our comprehensive strategy to increase agreed to. with the Republican leader—to see if our energy independence and national Mr. REID. Mr. President, the man- we can expedite the time. It is very security. agers of the bill, Senators BINGAMAN possible that we could move forward on But any change to fuel economy and DOMENICI, are now going to try to this legislation and not have to work standards requires the careful balance see if there are amendments that can the weekend because a lot of the week- of many factors, including national se- be called up, so that a quorum call will end would be spent just standing curity, consumer preference, domestic be entered into. Hopefully, we can have around. employment, as well as the need for other amendments in this matter as If we can accomplish what we need to powerful and durable vehicles in rural soon as possible. America, including my home State of I suggest the absence of a quorum. do without a lot of standing around Alaska. While the fuel economy provi- The PRESIDING OFFICER. The time, we would be better off, and then sions in this amendment would set ag- clerk will call the roll. we can move early next week to finish gressive goals, they would also provide The legislative clerk proceeded to the debate on immigration. We have a the Secretary the authority to balance call the roll. limited number of items left to do. We these market and national security Mr. STEVENS. Mr. President, I ask have to finish the germane amend- considerations, and to make the appro- unanimous consent that the order for ments. I have already indicated the priate and necessary fuel economy in- the quorum call be rescinded. managers are willing even to take a creases. The PRESIDING OFFICER (Mr. NEL- look at some nongermane amendments. By significantly improving fuel econ- SON of Florida). Without objection, it is We need to finish the germane amend- omy in our passenger vehicle fleet, we so ordered. ments, and we have to have cloture on will inherently reduce greenhouse gas Mr. STEVENS. Mr. President, I ask the bill if, in fact, that is required. emissions. While the cause of global that the sponsors of the amendment Sometimes it isn’t. Most of the time it climate change has yet to be fully de- that has just been adopted be myself, isn’t. I said that earlier. And then we termined, its speed and impacts are Senator INOUYE, Senator FEINSTEIN, would have final passage on the bill. more evident in Alaska than anywhere Senator LOTT, Senator KERRY, Senator Then we would have 20 minutes on card in the country. CARPER, Senator HAGEL, Senator check. That is the time for the vote. Many believe global climate change SNOWE, Senator DORGAN, Senator is attributable partly to manmade ac- There would be no debate on that. I ALEXANDER, Senator CANTWELL, Sen- have a strong suspicion that cloture tivities. Temperatures are rising in the ator CORKER, Senator DOLE, Senator Arctic region at more than twice the will not be invoked on that legislation. CRAIG, and Senator SUNUNU, in that Following that, we would move to im- rate of the rest of the world, according order. migration. to the 2004 Arctic Climate Impact As- The PRESIDING OFFICER. Without sessment, and many impacts in Alaska objection, it is so ordered. Mr. CRAIG. I thank the leader. such as erosion and flooding exacer- Mr. STEVENS. I suggest the absence Mr. REID. One of the proposals, I say bated by climate change require imme- of a quorum. to my friend, was to start immigration diate attention and planning of re- The PRESIDING OFFICER. The on Monday and maybe some other odds sponses. clerk will call the roll. and ends around here on this matter. Mr. President, our Nation needs a The legislative clerk proceeded to The other proposal Senator MCCONNELL new energy paradigm. The 21st century call the roll. and I have talked about is starting ev- will be the proving ground for our com- Mr. REID. Mr. President, I ask unan- erything Tuesday morning. We would mitment to achieve both energy inde- imous consent that the order for the arrive at the same end time. It would pendence and a clean, sustainable envi- quorum call be rescinded. ronment. The fuel economy provisions The PRESIDING OFFICER. Without just be we wouldn’t have to be in ses- in the amendment address conserva- objection, it is so ordered. sion with people standing around tion and are intended as an aggressive Mr. REID. Mr. President, in this guarding to make sure somebody isn’t first step of a more holistic energy pol- downtime, the managers are working. going to do something when the icy. At this time, what we are trying to do quorum call is on. We could wind up at The current energy crisis cannot be is clear amendments. There are a num- the same place and accomplish just as resolved through conservation alone, ber of amendments that have been much. That doesn’t take away how dif- and we cannot suspend the law of sup- filed, some of which are germane. We ficult it is going to be once we get on ply and demand while we anticipate al- are working to see if we can clear immigration. ternative technologies and energy amendments without a lot of deter- There are meetings being held on sources. I remain steadfast in my belief mination at this time as to whether that today and progress is even being that allowing for the development of they are germane or not. Managers are made. our domestic resources, particularly in working on this real hard and speaking I suggest the absence of a quorum. my State of Alaska, is an essential to the individual Senators and staffs. component of a successful energy pol- Senator DOMENICI has been notified I withhold for a minute. We are going icy. of this situation. Senator CRAIG is here to be in a quorum call. If someone While my colleagues in the past have from the committee representing the wants to give a speech for 10 minutes, narrowly defeated efforts to effectuate minority at this time. We hope they recognizing they will speak as in morn- that calling, I will not give up on ad- can expedite the clearing of some of ing business just for that 10-minute pe- vancing the need for such production. these amendments, and then we will riod, that would certainly be appro- The development of our domestic re- make a determination after that to see priate. But we are not going to do any

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8187 business on this bill until the managers light bulb turns on. We plug in a razor it in a lot of ways, but one of those give us some direction. and shave and use electricity. We jump ways must, in my judgment, include I suggest the absence of a quorum. in the shower and that water is heated some additional production with proper The PRESIDING OFFICER. The by electricity or perhaps natural gas. and certain environmental protections. clerk will call the roll. But the fact is everything we do can be That can be done. That should be done, The assistant legislative clerk pro- made more efficient. in my judgment. ceeded to call the roll. There are strange terms, such as Now, Senator CRAIG and I understand Mr. DORGAN. Mr. President, I ask SEER 13 standards for air conditioners. that portion of the plan we introduced unanimous consent that the order for Some don’t know what that means. I here in the Senate that deals with off- the quorum call be rescinded. know it is kind of an arcane language, shore production is controversial. We The PRESIDING OFFICER. Without talking about SEER 13 standards, but understand when you try to do some- objection, it is so ordered. it means much more efficient air con- thing such as that, people come to the Mr. DORGAN. Mr. President, my un- ditioners. We fought for a long time floor and put up a pretty vigorous derstanding is the floor is available for about that and finally got a SEER 13 fight. I might say the Presiding Officer, some discussion while we are waiting standard, and it is going to use much being from Florida, has been very ac- for the managers to work on amend- less electricity and be much more effi- tive and very aggressive in protecting ments and perhaps clear amendments, cient. his State’s interests, and very effective and I wanted to take a few minutes So conservation, efficiency, renew- at protecting his State’s interests. along with my colleague Senator CRAIG ables. The bill on the floor of the Sen- Both Senators from Florida have been to talk about some information in a ate is a significant piece of legislation active and involved in that. We under- piece of legislation we have previously dealing with renewable energy, solar stand that. introduced called the SAFE Energy energy, biomass, wind energy, and then We also understand it is not likely at Act, Security and Fuel Efficiency En- the biofuels, including ethanol, bio- this point that we have the votes here ergy Act. diesel, and all of these issues that deal in the Senate at this moment to ex- That legislation represents legisla- with renewable energy. That is another pand the kind of production we wish to tion trying to reduce the oil intensity significant step toward being less de- expand in the Gulf of Mexico, but that of the American economy. The calcula- pendent on foreign sources of oil. Con- doesn’t mean we shouldn’t be dis- tion of where we are with respect to oil servation, efficiency, renewables. cussing and considering how at some in this country is that we are dan- But there is another piece that has point in the future we access those sig- gerously dependent on foreign sources received too little notice, in my judg- nificant additional quantities of oil of oil, dangerously dependent on oil ment, too little notice on the floor of and natural gas our country needs, and that comes from very troubled parts of the Senate, and that is additional pro- how we access them with the kind of the world—Saudi Arabia, Kuwait, Iraq, duction. We are going to use additional certain protections for our economy Venezuela, and more. That dependence coal. As chairman of the Energy and and our environment that would be now is over 60 percent. In other words, Water appropriations subcommittee necessary to accompany that. over 60 percent of the oil we need to that funds those energy accounts, we That is why Senator CRAIG and I in- run this country’s economy comes are going to use clean power and clean troduced a piece of legislation that has from other parts of the world, much of coal technology to, I hope one of these this production side to it, and we feel it it very troubled. days, be able to have a coal-fired elec- has not been much discussed on the If, God forbid, tomorrow a terrorist tric generating plant that is a zero- floor of the Senate. Everything else has were to interrupt the supply of oil com- emission coal-fired electric generating been—conservation, efficiency, renew- ing to this country, our economy would plant. I believe we can get there ables—all of which I support, all of be flat on its back. So how do we re- through technology and better science. which I am excited about, all of which duce the oil intensity in this country? We have all these issues we are work- I think advance this country’s interest, Well, you do a lot of things. I men- ing on. but the production side has not been tioned that 60 percent plus of our oil With respect to fossil fuel, coal, oil, discussed in as significant a way as I comes from outside of our country. and natural gas, we need to find addi- believe it should. So I wanted to simply About 70 percent of the oil we use in tional ways to produce additional take this moment to say that the pro- this country is used in vehicles. So quantities of oil here as well. As I look posal offered by my colleague from while 60 percent comes from other at this issue, and my colleague Senator Idaho and myself is one that believes countries, 70 percent is running CRAIG and I have evaluated this issue, that whether it is now or in the future, through a carburetor or fuel injector to there are quantities of oil offshore— the construct of how we put together a make our vehicle fleet go, and we are yes, in Alaska and on the west coast, in comprehensive energy plan to reduce in a hopeless pursuit of becoming less the gulf—and the largest quantity is in the dangerous dependence we have on dependent on foreign sources of energy the Gulf of Mexico. We know we have foreign sources of oil must include if we don’t make our vehicle fleet more passed some legislation in the last 2 some additional production, and the efficient. years, within the last year and a half most likely place, with the greatest po- So that is one. You have to make or so, opening up what is called lease tential, if you look at all of the poten- your vehicle fleet more efficient. We 181. It was modified, through the work tial areas, is in the Gulf of Mexico. have just passed a piece of legislation of the Senators from Florida and oth- Mr. President, I yield the floor so my that moves in that direction. But you ers, in a way that was acceptable to colleague from Idaho can express him- need a lot of things: You need effi- them. self as well. ciency, you need conservation, you We opened up a portion of the Gulf of The PRESIDING OFFICER. The Sen- need renewable energy, you need addi- Mexico for additional production. Sen- ator from Idaho. tional production of energy; yes, even ator CRAIG and I believe there are addi- Mr. CRAIG. Mr. President, let me fossil fuels, but done in an environ- tional tracts and significant tracts thank the Senator from North Dakota mentally acceptable way. So conserva- that can be open for additional produc- for a very succinct presentation about tion. tion of oil, oil and natural gas, and the reality of why we have spent the We misuse, we waste, an enormous that such production can be done with- last couple of weeks debating energy in amount of energy in this country. The out destruction of our environment. the Senate. cheapest form of energy available to us That production can be done by ex- There is another reality check that I is through conservation. There is no panding the supply, which must be part think most Americans fail to under- question about that. Efficiency. Al- of the answer to addressing this energy stand when it comes to why they are most everything we do in this country, problem we have. paying $3-plus at the pump, and that from the time we get up in the morning The oil intensity in our country reality is that clearly demand in this until we go to bed at night, we are makes us dangerously dependent on country has outstripped supply by a using all kinds of appliances that re- foreign sources of oil, and so as we look significant amount. We have increas- quire energy. We flip on a switch and a at how we deal with that, we deal with ingly, since the 1950s, begun to have to

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8188 CONGRESSIONAL RECORD — SENATE June 21, 2007 go elsewhere than just in and around companies by about $30 billion. Some- Here is where America’s oil is being our country to meet the hydrocarbon how that was going to change the equa- produced today, in the Gulf of Mexico. or the crude oil needs of our refiners tion; it was going to make the world a We are finding more and more out and, ultimately, the gasoline needs of safer and better place. It was not going there as the technologies improve and our consumers. As that dependency has to change the price at the pump, not as we can get deeper into the waters. grown on foreign sources of energy, I one dime. In fact it had the potential of That is reality. There are those who would argue that America became in- taking it up. will give a lot of different arguments creasingly less secure. Here is the reason why. It did not about why you should not do it. But I Now, I am one who in the 1980s, and change this equation. What is this will argue you can do it and that the probably the early 1990s, thought it equation? These are the known re- oil is there and America ought to know would be just production, production, serves of oil on the globe. Here are the about it and they ought to be asking and more production. I have changed. I big boys, as we think of them—the big why we are not going there but, in- have spent a lot of time looking at the companies. Here is Exxon and here is stead, why are we increasingly depend- energy equation of our country over the British Petroleum and here is Tex- ent upon foreign nations for our source the last couple of decades and said, no, aco and over here is Marathon. of oil? you have to do a variety of different You can hardly see them on the It is a reasonable question to ask. things. chart. They don’t own the world’s oil Right now, America has grown increas- Production is important. Our Presi- supply. They manage and own very lit- ingly angry because of the price it is dent said we are hooked on hydro- tle of it. paying at the pump. People are not ac- carbons. We are ‘‘gasaholics,’’ if you Who owns it? Hugo Chavez, Ven- customed to using their disposable in- will. We are and we will be for an ex- ezuela—who would love to jerk this come for the price of energy as we tended period of time. We have been country around by its tail—Saudi Ara- know it today. That is not what we there a long while. We have a multi, bia, Iran, Iraq. I have named some of have done in an economy such as ours. multibillion dollar infrastructure that the most unstable areas of the world. But that is where we are today. Here is what happens when we rely supplies that energy out to the subur- They own the oil today. We need it be- on other countries to produce our en- cause we are dependent on it, because ban access points, and you don’t ergy for us. We are at war with ter- we have done very little about it. That change those overnight. You don’t rorism today around the globe. This is is why the Senator from North Dakota change the technology that ultimately the French oil tanker off the coast of and I said we have to go where the oil gets you there, but you do change. And Yemen in October 6 of 2002, when an al- is in our country, and the oil is not on- America must change. Qaida suicide boat hit it and set it Some say you don’t need anymore shore anymore. The oil is not onshore. afire. Here is the vulnerability of all of It is offshore. We know it is, and we production, you can go to efficiency, our oil moving on water. I suggest the know there is a substantial supply of you can go to new technology, and that ecological problems resulting from this alone will change the equation fast it. But we have allowed States to put are greater than from any drilling that enough to save America’s consumers on moratoria and establish a political could occur offshore America today be- and the economy. environment that denies the Federal cause we expose ourselves to a high I disagree with that. I think we are Government access to its own re- risk by the shipment of oil on our going to go there. In fact, the Senate sources, so the taxpayers of Idaho are ocean surfaces around the world. by a voice vote a few moments ago paying a higher price for gasoline, in That is why I think it is important passed a new efficiency standard for part, because the State of California— that we keep talking and allowing automobiles that I support. I am a Sen- the Senator from California is here, the America to understand we are not ator who has never supported that in State of Florida, and other States have without oil and not without oil re- the 27 years I have been in the Senate. said you can’t drill off our shore. No. serves. The progressive and environ- So while I may be asking the Presiding No. Even though in California, with the mentally sound development of them Officer from Florida to change a little old leases, they are still drilling in the over time will help us in this period of bit as it relates to the resources that State waters—not drilling but pro- transition that will take several dec- are offshore Florida because I now ducing—the ghost of Santa Barbara is ades to move to flex-fueled cars—hy- know the technologies can bring those long gone. There are some who still drogen cars, electric cars, all of the resources out without damaging the like to talk about it, but my guess is kinds of things we think America environment, here is a Senator who has these young folks sitting around here wants and that in public policy and changed also because I do believe that tonight, who are our pages, don’t even incentivizing the marketplace we are when you get to a fleet that burns less remember Santa Barbara or the oilspill moving America toward. fuel, you are going to get to an Amer- that resulted from the catastrophe of a It will not happen overnight. In that ica that needs less hydrocarbons over wellhead blowing off offshore years period of time, while it is happening, time. ago. America remains extremely vulner- That is why the Senator from North The reason you don’t is because it able. Our economy is at risk. There is Dakota and I introduced legislation doesn’t happen anymore. The tech- no question about it. What I have said earlier this year that talked about con- nology of today, the safety of today, is this picture demonstrates something servation, and it talked about innova- the regulations of today have changed that ought to be repeated and repeated tion, but it also talked about produc- the equation. again: The weapon of mass ‘‘disrup- tion and the reality of having to get The Senator from North Dakota tion’’ in this country is an al-Qaida more production out of our own re- talked about a compromise the Senator suicide boat hitting the side of an oil sources instead of relying on one of the from Florida worked with us on this tanker, time and time again. That is most unstable, riskiest areas of the past year. This is lease sale 181, where the weapon of mass disruption. The world to gain that production. there may be millions of barrels of oil high risk involved, the driving up of If the world were at total peace today and trillions of cubic feet of gas. We the oil prices, the movement of gas by and the world’s oil supplies were man- don’t know. There is a pretty good idea $2 or $3 a gallon in this economy cre- aged by companies and not countries, it is there and it can be produced and ates havoc everywhere. Certainly, in my guess is crude would not be at $60- pushed into the current infrastructure my State of Idaho it creates tremen- plus a barrel. It would be at $40-plus a and America, for a moment in time, dous problems. barrel and the American consumer will be a little bit more energy secure. It is important that I and other Sen- would probably be paying a dollar less What I am proposing and what many ators recognize that you do not con- at the pump. But that is not reality. are talking about is what about this serve your way out of an energy crisis. Reality is reflected at the pump and area? What about the rest of the east- You do not innovate your way out of therein lies one of our greatest prob- ern gulf? Ought we not be talking an energy crisis. You do not produce lems. about that? Looking at it? Under- your way out. You do all three. Earlier in the day, we had a great de- standing what is there, if technology I am going to continue to work while bate about a tax bill, to tax the oil allows us to produce? I am in the Senate to encourage this

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8189 Senate in public policy to do all three. President, we thank you for being a co- an industry is not forthcoming and I think it is in the best interests of sponsor of this compromise effort as does not come to you and say: Look, I America, our economy, and our na- well. cannot support this, but I can support tional security that we do so. As an We have pushed the rock for so long that, could you make some changes, American today, I am not only frus- I think it is hard to feel anything once just something—instead, it is a stone trated, I am sometimes angered and the rock goes over the hill. But the wall. It is: No, it does not work in this embarrassed that we, through public amendment was adopted and it is in agreement, the arena, with those of us policy, have allowed our country to be- the base bill. For this, we are very who feel strongly. come so dependent on other parts of grateful. I come from a huge State. We have the world. I would quickly like to say what this two nonattainment pollution areas, the Great nations should not allow that agreement does. It increases the central valley of California and the Los to happen, but we have. Then we make fleetwide average fuel economy for all Angeles area. We are having a huge excuses all around us why we can’t cars, SUVs, and light trucks by 10 problem meeting the attainment stand- produce. Petropolitics is a fascinating miles per gallon over 10 years or from ards. If we do not, it can stop every- thing. America gets it. The consumer 25 miles per gallon to 35 miles per gal- thing dead. understands it, and the consumer will lon by model year 2020. Therefore, this, which reduces pollu- grow increasingly angry when they un- Second, it requires the National tion, which reduces carbon dioxide, re- derstand that public policy doesn’t Highway Traffic Safety Administra- duces global warming gases, and saves allow the marketplace to do what it tion, which we call NHTSA, to estab- oil to the tune of 1.2 million barrels a can do best in an environmentally lish an attribute-based system that day, is something that is going to hap- sound way, to provide our country with sets mileage standards based on size, pen when you try, try, try year after the kind of energy it needs. weight or type of vehicle. This is im- year and decade after decade. Again, as we debate this bill on the portant because it creates a level play- I am very sorry we could not make floor and finalize it, my guess is we ing field for all automobiles. an accommodation with these two Sen- will do a lot about conservation, we From 2011 to 2019, the National High- ators. But those of us who have worked will do a lot about innovation, but we way Traffic Safety Administration on this felt so strongly that after all will do little to nothing about produc- must set fuel economy standards that these years, 23 years, where Detroit has tion. In the next 5 to 6 years, produc- are the maximum feasible and ratchet said: No, no, no, the time had come to tion is where it is. As we work on inno- these standards up, making steady say: Yes, yes, yes. vation, as we move technology from progress to meet the 35-miles-per-gal- I, for one, want to help with leap- the laboratory to the street to com- lon fleetwide average by 2020. The ahead technology. I, for one, want to mercial use, production still remains fleetwide average must be met unless help with financing, wherever I can, to critically important. NHTSA determines, based on clear and make it possible. I believe I speak for I call upon my colleagues to stand up convincing evidence, that a 35-mile- all of the cosponsors of this bill. I be- and be counted in all three of these per-gallon fleetwide average would not lieve we all want to help. So I hope the areas. It is important for our country. be cost effective for the Nation. next step these Senators will take is to It is important for our economy. With- From 2021 to 2030, NHTSA must set say: Here is a bill that we want to help out question, it is important for our fuel economy standards that are the on, that will provide the leap-ahead national security. The rest of the world maximum feasible and ratchet even technology, and here is something that should not tell America what its for- these standards up at a reasonable would help financially the American eign policy is or will be based on their rate. automakers meet these standards. willingness or lack thereof to produce In addition, the agreement estab- We who have worked on this, we who the oil supply our economy needs. lishes a credit system that NHTSA asked in the early 1990s—I was the one I yield the floor. would design, run, and operate. This who asked for the National Academy of The PRESIDING OFFICER. The Sen- would allow automakers to buy credits Sciences study. They took a period of ator from California. if you exceed the standard, and essen- years to do it. We have read it. I think Mrs. FEINSTEIN. Mr. President, the tially sell those credits to those who those of us who have been at that for so Senate works in strange ways. I think cannot make the standards in a given long gave up any hope that we could there is no question about that. Some year. So the credit trading program work with the automakers. We do not of us were upstairs holding a press con- gives an automaker a financial incen- believe this will stifle the American ference on the fact that we had come tive to exceed the standard. auto industry. We believe the tech- together around a substitute amend- It can bank its credits also for up to nology is now available, we believe it is ment, and Senator KERRY, who had 5 years. That is insurance if it falls cost effective to use this technology. It participated, came back up and said below the standard in a later year. If is not just based on reducing weight; the amendment was agreed to. an automaker cannot meet the stand- there are new materials, new engineer- For me, I began this in 1993, so it has ard in a given year, it can purchase ing strategies, new types of engines been a very long time. Senator SNOWE credits, use banked credits or borrow that can be employed. and I have worked, first, for the SUV from projected surpluses in future I want to summarize by saying with loophole closer and then for this ten- years. this amendment, 206 million metric over-ten bill for 6 years now. So it was This provision was strongly rec- tons of carbon dioxide will not be adopted by the Senate, and there are ommended by the National Academy of pumped into the air in 2020; between some people I would like to thank. Sciences in 2002. In part of the negotia- 345 million metric tons and 428 million I would like to begin thanking Sen- tion we negotiated with the two Sen- metric tons by 2025. We estimate sav- ator SNOWE, who has been the cospon- ators from Michigan, both distin- ings for consumers at the pump, at $3- sor of this legislation—10 miles im- guished Senators, Ms. STABENOW and a-gallon gasoline, to be $55.6 billion in provement in mileage efficiency over 10 Mr. LEVIN. And I want to say this: 2020, and $93 billion to $116 billion by years—since we started; the chairman There are no two Senators from any 2025. As I said, oil savings of 1.2 million of the committee, Senator INOUYE; the single State that I have seen fight barrels per day, or 438 million barrels ranking member, Senator STEVENS; harder for their State’s industries than per year in 2020, and between 2 and 21⁄2 Senator CARPER, who was so helpful all Senator STABENOW and Senator LEVIN. million barrels per day by 2025. That is the way along; Senator DORGAN, who We could not reach an accommodation. about what we import from the Middle had one part of the legislation, who Those of us who have watched this East. agreed to a change and came into the fight for CAFE standards and partici- I thank everybody who participated. compromise; Senator KERRY, who pated in it for the last 13 years, I have There are some of those Senators on worked very hard with Senator CANT- just found, for me, the automobile in- the floor. I want to particularly thank WELL on the flex-fuel part of this; Sen- dustry has never responded. They have Senator CANTWELL for her efforts on ator LOTT, Senator CORKER; Senator fought everything we have proposed flex fuel. She is extraordinarily knowl- KLOBUCHAR; and many others. You, Mr. every time. When this happens, when edgeable. She is also determined. She

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8190 CONGRESSIONAL RECORD — SENATE June 21, 2007 perseveres. Her amendment was added If we are smart, we will pull together unit. It can be biocell, it could be flex- as a modification to the amendment and find ways to make sure this legis- fuel diesel, it could be flex-fuel ethanol that passed. lation, rather than being the death powered, internal combustion engine, I thank Senator CARPER for his knell for the auto industry in this recharging the battery and getting this steadfast help. The Senator from Dela- country, can be like a second wind and remarkable fuel economy from what I ware has been there every step of the help to restore us to the kind of vigor call an elegant solution. way, in every meeting. we once enjoyed. That is the kind of creativity we Most of all, I thank the chairman of Thank you very much. Thank you for have in this country; not just Chev- the Commerce Committee. What can I your kindness in giving so many other rolet, not just Ford, not just Chrysler, say about this chairman? Well, I can people credit. I echo Senator FEIN- but all of us together, working to- begin by saying how lucky we are to STEIN’s comments with respect to our gether. It is a wonderful concept, as have you, DAN INOUYE. You run a fine staffs, committee staff, and there are a that car is. It is not going to be a re- committee. We are so grateful for your bunch of them sitting back here. David ality in 2010 or 2011 or 2012 if we don’t leadership in this matter. I do not be- and the first team are back here. I have the next generation lithium ion lieve it would have happened had you want to say you have done a remark- battery to be able to plug in the garage not, A, been chairman of the com- able job. at night and provide the kind of charge mittee; B, been committed to this leg- I have been in the Senate for 7 years. to carry us 30, 40 miles the next day, islation; C, wanted us to come together This is my first year on the Commerce plug it in at work, and on and on. and find a solution. You were so right, Committee. I have never seen staff as We have an opportunity, I think we because we did come together, and the helpful, Democratic and Republicans, have an obligation as the Federal Gov- solution happened quicker than any of like one team working together, and ernment, to make sure tax dollars are us might guess. Beth Osborne, who works on my per- appropriately spent. Fifty million dol- I also want to, if I might, thank your sonal staff, continues to rave about the lars a year at least for the next 5 years staff. David Strickland is a techno- great support we get from the com- goes to help fund the technologies so logical wizard on this. He also has the mittee staff. I think they key off Sen- that vehicle and other flex-fuel plug-in dedication. He is sitting here today. I ator INOUYE, our chairman, and Sen- hybrid vehicles can be built and get us, know he has worked very long hours. ator STEVENS, the senior Republican. It if not ahead of the rest of the world, at But we are very grateful for his help. is a wonderful kind of relationship, the least at the starting line with them as Mr. Chairman, I say thank you very way this place ought to work. When it we begin this next part of the race, the much. does, we get the kind of results I hope competitive race for market share in I would be remiss if I did not thank we are going to get with respect to fuel the world. my staff, particularly John Watts, who efficiency for our cars, trucks, and One way we can help within the Fed- has been with us for some time, as my vans. eral Government is through our R&D environmental counsel, and has worked I believe it was Thomas Edison who investment. A second way we can help on this issue; and Matthew Nelson, who said, and I am going to paraphrase is by using our Federal purchasing is new to our staff, but came in and got Thomas Edison, that: Sometimes peo- power to commercialize these new his feet wet very fast. I am very grate- ple miss opportunity. And they miss technologies as they come to market. ful to both of them as well. Mr. President, I ask unanimous con- opportunity because it comes wearing We do that in this legislation in one overalls and looks a lot like work. sent to add Senator BILL NELSON as a way, by calling for the development of There is opportunity in the legisla- cosponsor to this amendment. major steps toward a game plan as The PRESIDING OFFICER. Without tion we are prepared, I believe, to pass early as 2009 for the Federal Govern- objection, it is so ordered. with respect to fuel efficiencies for our ment to use its purchasing power to Mrs. FEINSTEIN. I know others want cars, trucks, and vans. I think there is buy new technology, highly energy-ef- to speak. This is one of the great days an opportunity here for the U.S. do- ficient vehicles. in the Senate. When you work on some- mestic auto industry. We have to help In the underlying language of this thing for a long time, and you find make sure that opportunity is not bill, it actually says that 70 percent, up yourself cut out year after year, you missed. to 70 percent of the vehicles that GSA, are determined you are going to per- We have all seen the Home Depot General Services Administration, pur- severe to find new ways to do it, and commercials where the folks from chases on the civilian side for the Fed- for Senator SNOWE and for me, it is a Home Depot say: You can do this; we eral Government have to be highly en- very special day. I thank everyone for can help. And with respect to meeting ergy efficient, next-generation kind of making it possible for all of us in the the goal of 35-miles-per-gallon fuel effi- technology—70 percent. United States. ciency standards for cars and trucks by In a week or two we are going to take I yield the floor. 2020, that is an aggressive goal. But for up legislation on the reauthorization of The PRESIDING OFFICER. The Sen- the auto industry, Ford, GM, and the Defense bill. If we are smart, we ator from Delaware is recognized. Chrysler, it is important for us to be will put a similar kind of requirement Mr. CARPER. While Senator FEIN- there to help them to meet that goal. If in there for the defense side of our Gov- STEIN is still on the floor, I would tell you look closely at the legislation we ernment to do what we are preparing her: In my life, as I have had a chance are preparing to pass here in the next— to do in this legislation for the civilian to meet great leaders in this country maybe tonight, maybe in the next day side of our Government in terms of and in other places, other countries, in or two—if you look at the legislation, purchasing power, to say to the De- all walks of life, I have taken over the there is a variety of ways where we do partment of Defense, when they go to years to asking those leaders: To what help. I will mention a few of those now, the marketplace and they are buying do you attribute your success—whether if I might. cars, trucks, and vans, and they buy a they happen to be a leader in business One of those is the infusion of Fed- lot of them, to make sure that early in or academia or government. More often eral dollars in research and develop- the next decade maybe 70 percent of than not they say to me, among other ment with respect to new battery tech- what we are purchasing on the defense things, I work hard. They also say: I nology. The coolest car I saw at the side is these new technology energy-ef- don’t give up. I don’t give up. Detroit auto show in January of this ficient, low-emission vehicles. I say to my colleague Senator FEIN- year was a Chevrolet. It is called a That is a smart thing to do. That is STEIN, to my colleague OLYMPIA SNOWE: Chevrolet Volt. It is a flex-fuel plug-in the second thing we can do, use the You do not give up. And we are going hybrid vehicle. The mileage it will get Federal Government’s purchasing to be a better country, a country less is probably close to 75, 80, 90 miles per power to commercialize new tech- dependent on foreign oil because of gallon. You plug it in your garage at nologies. those efforts, a country with a cleaner night, go out the next day, drive 40 The third thing we can do is make environment, a country and a world miles or so on the battery, push on the sure our tax policy marries up with the less threatened by global warming be- brakes, and recharge the battery. But goals we are setting for more highly cause of your efforts. also it comes with an auxiliary battery energy-efficient, low-emission vehicles.

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8191 In 2005, we passed legislation that said try: How can we help? We want you to While the chairman of the Commerce when people buy hybrid-powered vehi- meet these goals. We realize you think Committee is here, I wanted to say, in cles, they can earn a tax credit from they are maybe difficult to achieve, handing out all of these congratula- about $300 to up to $3,500. That tax some would say impossible to achieve. tions, under his leadership, under his credit brings down the cost of the en- I don’t think so. tutoring, under his mentoring, and ergy-efficient hybrid vehicles and en- This is the United States of America. under his encouragement, he has al- courages people to buy them. Unfortu- This is the Nation which invented cars. lowed the committee to come forth nately, most of the hybrids people are This is the Nation which invented air- with this work product that is a signal buying these days happen to be built in planes. This is the Nation which in- achievement. Now if we can get the En- other countries. That is going to vented televisions and CD players. This ergy bill passed on final passage and change very soon, as GM product is the Nation which invented the Inter- then if we can survive the process, if comes on the market. Chrysler product net, computers. This is the Nation the House can pass an energy bill, in comes on the market early next year, which unleashed the power of the conference committee, then, of course, and we will have the opportunity to atom. This is the Nation which put a if we can survive not having a veto by buy not just hybrid vehicles built in man on the Moon, did it in less than 10 the President, this is all doable now be- other countries but a lot of hybrids years, when we said we were going to cause we are where we are thanks to built here. We have a Tax Code that is do it. This is the United States of the leadership of the chairman of the set to infuse and encourage American America. We are creative, hard work- Commerce Committee. consumers to buy those vehicles as ing. We are smart. If we are really I wanted to make another comment soon as they hit the road. smart, we will find a way to make this on another subject in response to my There is also a provision in the 2005 new approach to fuel efficiency for our colleagues, Senator DORGAN and Sen- Energy bill that incentivizes con- cars, trucks, and vans work; to make it ator CRAIG from Idaho. Senator CRAIG sumers to buy low-emission, highly ef- work for the domestic auto companies puts up a chart there as if all the oil in ficient diesel-powered vehicles. The full as well as for others who come to our the United States is in the Gulf of Mex- effect of that will not be felt until 2009. shores; to make it work for the share- ico off of Florida. That is not what the But Chrysler, in a partnership with holders and for their employees; and, geology says. To the contrary, over the DaimlerChrysler, is beginning to bring most importantly, to make it work for last 50 years where they have drilled, to the roads a highly energy-efficient, our Nation so that we will have re- they have come up with a number of far lower emission diesel that increases duced our dependence on foreign oil, dry holes. performance by 40 percent or more in reduced the amount of harmful emis- That was why last year this Senator terms of fuel efficiency. It reduces the sions put into the air, and made this was willing to compromise for those emission of bad stuff, including CO , country a little better place to live. who wanted a lease sale called 181 that 2 I yield the floor. into the air. Beginning in 2009, when basically had boiled down to about 2 The PRESIDING OFFICER (Mr. emissions really go down on diesel, the million acres, to be able to expand that SANDERS). The Senator from Florida. to 8.3 million acres but to keep it away tax policy is there to incentivize folks Mr. NELSON of Florida. Mr. Presi- to buy those vehicles. That is a smart from the coastline of Florida, where we dent, I congratulate Senator FEINSTEIN happen to have a $50 billion-a-year thing to do. for her quest over a number of years The fourth area we tried to work into tourism industry that depends on pris- and thank all of our colleagues on the tine beaches, but equally as important, this legislation—and we need to do Commerce Committee, Members and more—deals with the kind of infra- that kept it away from the military staff, for bringing this possibility mission line, which is the edge of the structure we have for folks who buy about. It came about as a result of the fuel cell-powered vehicles in this dec- largest testing and training area in the other side not having the votes. All world for our military. It is there ade and the next. We don’t have a hy- they had to get was 41 votes. Fortu- brid highway. It is not as if you can where we are doing significant testing nately, that did not occur. It allowed of weapons systems and new sophisti- take your fuel cell vehicle and go to us to come together and massage the the corner gas station and fill up, even cated technology, often with live ord- bill a little bit more with these amend- nance. Over and over, the Secretary of in this city or its neighboring States. ments. Thus, we get the end result. We in the Federal Government have an Defense has issued letters and said: This Senator has filed an amendment You can’t drill in this area because oil obligation, particularly if we want to for 40 miles per gallon. It simply wasn’t encourage people to get into fuel cell- rigs are incompatible with live fire and practical. We weren’t going to have the testing of live ordnance on new weap- powered vehicles, hydrogen-powered votes for that because we were trying vehicles, to make sure the infrastruc- ons systems. hard enough to get the votes for 35 Senator CRAIG in his comments ture is there so people can fill up. The miles a gallon in 13 years, in 2020, and would have us believe the answer is same is true with biodiesel, ethanol. It then with the compromises that were drill, drill, drill. By his chart, he was is no good for us to have vehicles run made, instead of thereafter being at a suggesting drilling off the coast of on biodiesel or ethanol if there is no 4-percent increase in miles per gallon Florida. That simply is not true. It is place to fill up. We tried, in the context per year, which would compound, leav- interesting that he said that at the of this legislation, to fix that problem. ing it to NHTSA, with the criteria of very time in which we are on this En- I am sure our present Presiding Offi- what is practically feasible. That is a ergy bill through which we are now cer remembers when we were trying to reasonable compromise. doing something about lessening the get folks to buy unleaded cars powered Then totally apart from that, on a consumption of oil by the amendment by unleaded gas. Finally, we said: separate issue, flex-fuel vehicles, wher- we just adopted, an amendment that Every gas station has to have at least ever we can encourage that, it is cer- goes to the very heart of where we con- one pump where you can get unleaded tainly to our advantage because the sume most of our oil, and that is in the gas. We made it a mandate. Today it is more we can have a fuel that is some- transportation sector. Where in trans- hard to find a gas pump that has leaded thing other than derived from oil, the portation is it most consumed? It is in gas. But it took a while to do that. We better off we are. If we have the vehi- our personal vehicles. Thus, we are need a similar kind of approach with cles that use E85, then the question is, doing something about that tonight. respect to biofuels and ethanol, not Do we have the gas stations that have I wanted to add these comments that they would supplant completely the ethanol distributed to them in while we are still on the Energy bill. the petroleum products—that is not order to get E85? We have to start I yield the floor. going to happen any time soon—but to working on that. As a matter of fact, The PRESIDING OFFICER. The Sen- make sure people have the fuel to meet in my State of Florida, we have one ator from Virginia. the kinds of needs of their vehicles. company that is seriously thinking Mr. WEBB. Mr. President, I ask Those are four things we can do in about ethanol plants all over the State unanimous consent to speak for 5 min- the context of this legislation. We are so that it could then have the ability utes as in morning business. going to find ways to do more. The best to get the ethanol distributed to the The PRESIDING OFFICER. Without way to do that is to ask the auto indus- gas stations. objection, it is so ordered.

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8192 CONGRESSIONAL RECORD — SENATE June 21, 2007 EMPLOYEE FREE CHOICE ACT ing their livelihoods simply because proposal before us that would save the Mr. WEBB. Mr. President, I rise in they want to organize their workplace United States 20 percent on the oil con- support of the Employee Free Choice in accordance with existing law. Hard- sumption of today. That is a great Act, S. 1041. This bill was introduced working Americans should have the goal. It does it in two fundamental by our esteemed colleague, Senator freedom to make their own choice ways: by making sure we produce alter- KENNEDY, along with myself and 45 about whether to join a union, and native fuel—and what is before us to- other Members of the Senate. they should be able to make that night is 36 billion gallons of alternative This bill takes the long overdue step choice freely and fairly. The best op- fuel, mostly done by advanced tech- of returning to workers a measure of portunity for hard-working Americans nologies of cellulosic that will be a negotiating power and ensuring that to get ahead is to join their coworkers much bigger reduction of CO2 emissions workers have a free choice and fair and negotiate in one way or another than corn-based ethanol, and that is a chance to form a union. Everyone for better wages and benefits. huge direction change—and the amend- needs an agent, and for too long work- We can help workers improve their ment of the Senator from California to ers have not had an agent in the Con- bargaining position. The National make sure we have fuel-efficient cars. gress or, in many cases, in the work- Labor Relations Act already permits For the first time in decades, we are place. workers to form unions through major- passing legislation that will allow The bargain this country has prom- ity signup. In fact, more workers join Americans to get more out of a tank of ised workers—that if you work hard, unions through majority signup than gas. In fact, with this new standard for you will get ahead—is broken. Hard- through National Labor Relations fuel efficiency, Americans, when they working Americans are losing ground. Board elections. Employees of Cingular fill up their tank, will be able to go Real wages are lower today than in Wireless joined the Communications anywhere from 100 to 150 more miles on 1973, despite the fact that productivity Workers of America following a major- that tank of gas when these fuel effi- has risen over 80 percent. The benefits ity signup that was supported by the ciency standards are fully imple- of rising productivity are going to the company. mented. richest members of our society. CEO This bill makes the much needed Because we are also including a flex- compensation today is 420 times what change of allowing workers to form fuel provision, we are giving Americans a chance to have their automobiles run it is for our workers. Medical costs unions by majority signup where em- on two different fuel choices: fossil fuel have skyrocketed. Good manufacturing ployers oppose the union. This bill also or new advanced green renewable fuels jobs are being sent overseas. Many levels the playing field for workers by that will be a great reduction of CO workers are squeezed between the im- strengthening penalties against em- 2 and carbon emissions and will help in pact of corporate outsourcing on the ployers that coerce or intimidate em- the reduction of demand for gasoline one hand and wage-depressing effects of ployees. The fundamental sense of fair- and thereby help lower the price of gas- immigration on the other. In Virginia, ness that runs so deep in our Nation’s oline. This is exactly what America real median hourly wages fell by 3.6 character demands that we take this wants us to do in a new energy direc- percent just in the past 2 years. Hun- step on behalf of our working men and tion. dreds of thousands of Virginians, just women. We should also emphasize that the like millions of Americans, have no Let us measure our success in the underlying bill tonight also has protec- health insurance. Senate by the number of hard-working tions for consumers on price gouging As I heard so often during my cam- Americans we bring back to the table, and to make sure the Federal Trade paign for the Senate last year and what the number of families with health Commission stops any manipulative I continue to hear since I took office, care, the number of workers with pen- practices. It also has a provision that our workers are under tremendous sions and fair wages, and the number of the Federal Government do its job as pressure. Only 38 percent of the public children who are able to go to college. one of the leading energy consumers in says their families are getting ahead fi- Passing the Employee Free Choice Act America. It says they have to use 30 nancially, and less than one-third be- puts us on the road to achieving this percent less electricity and 20 percent lieves the next generation of Ameri- type of success. less fuel. cans is going to be better off than this Mr. President, I yield the floor. Now, while I would like to see the generation. The PRESIDING OFFICER. The Sen- provisions the Finance Committee Our unions have historically provided ator from Washington. passed that literally take the incen- a ladder for workers to get ahead. Ac- Ms. CANTWELL. Mr. President, I tives which have been given to the fos- cording to a national survey by Peter rise tonight because we are on the sil fuel industry in the past—take Hart Research, 60 million Americans precipice of passing new energy legisla- those and apply those to renewable report, right now, they would join a tion—new energy legislation that will technologies—we will have to wait an- union if they could. The Bureau of point our country in a new direction, other day for that battle to occur. Labor Statistics reports that workers on an energy strategy that is about I certainly join my colleagues in who belong to unions earn 30 percent cleaner, renewable alternative fuel, wanting to see more of our electricity more than their nonunion counterparts and, yes, on research and development, grid supplied with green energy tech- and are 63 percent more likely to have on many other ways that will help us, nology, to incentivize solar, to employer-provided health care. as Americans, be energy leaders again. incentivize wind. I believe this is one of Unfortunately, many workers who It is exciting to be here tonight on the best ways we can keep our elec- try to form unions in this country are the Senate floor as new legislation is tricity costs down in the future. Right being blocked by employers. In an being adopted that does change the di- now, we are too dependent on natural analysis of union organizing drives in rection in ways my colleagues have gas, for which we have seen a 70-per- Chicago, the University of Illinois been fighting for many years and many cent increase in the last several years. found that 30 percent of employers of the staff who are behind me have Natural gas, which is also used in fer- tended to fire prounion workers, that been fighting for much of their legisla- tilizer as a product, is putting pressure 82 percent of employers hired consult- tive careers on the Hill. But we are on our electricity grid prices. We do ants to fight union organization drives, here tonight because Senator REID, not want to be just dependent on nat- and that 78 percent of employers re- early this year, asked six different ural gas and coal for electricity gen- quired supervisors to deliver antiunion committees to come up with energy eration. messages to their workers. Union mem- legislation and point our country in a So coming back to this renewable bership in this country is now at an new direction. He asked each of those standard and getting more of our na- alltime low, just comprising 12 percent committees to put those proposals on tional grid to rely on clean energy is of our workforce. the Senate floor by passing them out in very important to help consumers keep The ability to form a union should a bipartisan fashion, and those com- down price in the future. But those two not require heroic efforts. Yet Amer- mittees have done so. provisions, we will have to come back ican workers all too often face em- Now, while we have not gotten all to. We were not able to reach agree- ployer coercion and run the risk of los- those packages together, we do have a ment on those.

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8193 But in this landmark legislation, we floor on a weekly—a regular basis—to Now I understand. This genocide in are going to give Americans more for remind my colleagues about the crisis Darfur was declared by our Govern- their tank of gas by passing fuel effi- in Darfur. I would like to highlight two ment years ago and little or nothing ciency and passing the opportunity to recent developments. Last week, the has been done. fill up their gas tank with something regime in Sudan finally agreed, after Last week, the United Nations World other than fossil fuel. Driving down the months of international pressure, to Food Programme did launch a highly price of fossil fuel is a great accom- accept a joint African Union-United complex operation to try to bring in plishment. We would not have gotten Nations peacekeeping force for the emergency food supplies to the over here if it was not for the chairman of Darfur region. 2,600 refugees from Darfur who recently the Commerce Committee and the If my colleagues will recall, this is a crossed into the remote northeast cor- ranking member, Senators INOUYE and region where our Government has de- ner of the Central African Republic. STEVENS, who worked very hard to clared a genocide. We know at least The Director of the World Food Pro- make sure this was bipartisan legisla- 200,000 people, maybe 400,000 people, gramme and the Central African Re- tion, as did Senator SNOWE, working have been brutally murdered, over 1 public, Jean-Charles Dei, said the fol- with Senator FEINSTEIN, making sure million have been displaced, and the lowing: this legislation made it the full way killing and displacement, the raping These people are in one of the least acces- through the process. and the pillaging continues. sible regions in the world, but they need help While this is only the Senate taking For years after the declaration of now. This is just the latest example of how action tonight, we are clearly turning this genocide, many people around the the conflict in Darfur has a destabilizing ef- our country in a new direction. This is world have lamented this tragic state fect across the region. a greener energy bill than the Senate of affairs, but so little has been done. It is certainly positive that food is on has passed before but rightly so be- We have tried through the United Na- the way to these starving refugees, but cause the 2005 bill did set us on a tions to send a peacekeeping force to the need for this airlift is symbolic of course of making sure we were invest- protect innocent people from the how bad the crisis has become and how ing in alternatives. The fact that we jingaweit militia force that is killing destabilizing the situation is becoming were putting a downpayment on those on a wanton basis, but we have been for the whole region. alternatives has led to job creation, unsuccessful. There has been resistance The United States and civilized na- not just in my State, Washington from the Sudanese Government in tions around the world who acknowl- State, but throughout the country. But Khartoum. Unfortunately, a lot of lip edge this genocide and this humani- it is time for us to accelerate that, to service has been made, but very little tarian disaster must act. bring job opportunities to Americans attention has been paid to resolving What can we do in the Senate? As a across the country, by making sure this issue. start, we can pass the Sudan Disclosure these new technologies are imple- Last week the Sudanese said they and Enforcement Act. I introduced it 2 mented. We are well poised to do that would accept a joint African Union- weeks ago with bipartisan support, and tonight. United Nations peacekeeping force for after consultation with the Bush ad- I hope my colleagues understand the that region. Well, the Government of ministration. The act provides the ad- significance of this new energy direc- Sudan has agreed to allow 17,000 to ministration and all Americans with tion. I thank all of the chairs of the 19,000 troops. That is a good sign, or at more resources and information so that various committees who have worked least good words. we can use our investments as individ- hard on a bipartisan basis—the Finance Let’s not forget the Sudanese regime uals and as institutions to strike a Committee, the EPW Committee, the has agreed to similar plans in the past, nonviolent blow for peace in Darfur. It Energy Committee, the Commerce only to renege on its promises and creates real financial consequences for Committee, and even the Homeland Se- allow the suffering and killing to con- those companies that bear some com- curity Committee—in making sure our tinue. It is critical at this moment in plicity in the bloodshed by supporting Federal Government is more energy ef- time that the Bush administration and the murderous Sudanese regime of ficient. This is a great time for us to our allies continue to pressure the Su- Khartoum. Most important, it requires continue the bipartisan effort in work- danese to take actions beyond their members of the administration and the ing not just across the aisle but work- words. Darfur has been on the agenda relevant congressional committees to ing with the House of Representatives for the European Union summit this meet in about 3 months’ time to reas- in making sure this energy legislation week, and the Chinese Government sess the steps that are being taken to passes as soon as possible. made positive statements as well. I en- end the crisis and decide what we Again, I applaud the great work of courage the Bush administration to should do beyond them. my colleague, Senator FEINSTEIN, for keep pressuring all of our allies and the To repeat what the bill does for the her perseverance over at least 10 years United Nations to act. benefit of my colleagues who are con- in trying to close the loopholes that Next week there is a prime oppor- sidering supporting it, here is a sum- have existed in CAFE, the car effi- tunity. Secretary of State Rice has mary. ciency standards, by making sure the just announced plans to attend an First, it expresses the sense of the loopholes for SUVs were closed. Even international meeting in France that Congress that the international com- though she did not win that battle, she will focus on the crisis in Darfur. Rep- munity should continue to bring pres- persevered tonight to make sure this resentatives from the Chinese Govern- new efficiency standard, applied across sure against the Government of Sudan ment and other places have committed the Nation, can bring real savings to to convince that region that the world to join her. I urge the Bush administra- American consumers. will not allow this crisis to continue. I thank the Presiding Officer, and I tion to use this opportunity to ensure Second, it authorizes greater re- yield the floor. that the global community continues sources for the Office of Foreign Assets Mr. President, I suggest the absence to act on this crisis and to fully sup- Control within the Department of of a quorum. port the rapid and full deployment of Treasury to strengthen its capabilities The PRESIDING OFFICER. The U.N. forces to Darfur. Only a unified of tracking Sudanese economic activ- clerk will call the roll. message from the international com- ity and pursuing sanctions violations. The assistant legislative clerk pro- munity will succeed in convincing the Third, it requires more detailed SEC ceeded to call the roll. Sudanese Government to meet its obli- disclosures by U.S.-listed companies Mr. DURBIN. Mr. President, I ask gations. Only then will the crisis begin that operate in the Sudanese petro- unanimous consent that the order for to come to an end. This crisis must end leum sector so that investors can make the quorum call be rescinded. immediately. informed decisions regarding divest- The PRESIDING OFFICER. Without I have said on this floor many times ment from these companies. objection, it is so ordered. that as a young college student, I I might add that during the course of CRISIS IN DARFUR found it hard to understand how the researching this issue, I learned that Mr. DURBIN. Mr. President, for the Holocaust could occur and people my own company that I have had my last several months, I have come to the would know of it and not try to stop it. family mutual fund investments with

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8194 CONGRESSIONAL RECORD — SENATE June 21, 2007 for 20 years sadly was one of the larg- Amendment, which I have cosponsored. total of an additional 4.7 miles per gal- est—it was a company with one of the Its incorporation into the underlying lon out of light trucks—which cur- largest holdings in Petrochina, the Chi- bill clears the way for passage of the rently include SUVs—for a current av- nese oil company whose parent com- most significant fuel efficiency legisla- erage of just 22.2 mpg. Meanwhile, pany does the most business in Sudan. tion the Senate has seriously consid- think about this—in that same period I contacted this major company, asked ered in decades. If this legislation is of time since 1982, we have gone from them if they were going to change eventually adopted by the full Con- land-lines to cell phones, from record their policy, and they said no. I then gress, it will be the first time since 1975 players to CDs to Ipods, from big main- removed my investments from that that effective fuel efficiency legisla- frame computers to minuscule company. I am in the process of mak- tion will have been enacted. handhelds, from encyclopedias to the ing sure they are all transferred to an- First of all, I want to thank my good Internet. So are we really to believe other company. It is a small thing, and friend and colleague, Senator DIANNE that over the next 10 years we can’t it probably won’t make a big difference FEINSTEIN, for her unrivaled leadership manage an average of 10 additional to anyone, but I feel better that at on the issue of fuel economy standards. miles per gallon of gasoline across least I am trying to do a small part— We have worked together for 6 years to America’s entire fleet of passenger ve- and I hope others will too—to ask im- bolster CAFE´ standards and her com- hicles? portant questions, whether your bro- mitment and passion for implementing Indeed, as a Nation built on innova- kerage house, your mutual fund has critical and long-overdue changes has tion, built on the ‘‘can-do’’ spirit, we holdings in Petrochina, which is this only grown. Our efforts have cul- ought to be asking ourselves exactly Chinese oil company whose parent is minated this year in the introduction how it is we couldn’t have done better the major oil company in Sudan whose of the Ten in Ten Fuel Economy Act, already—never mind questioning if we revenues support this Government. which is the key component of the un- can do better in the future. Fourth, this bill dramatically in- derlying energy bill that currently sits That’s why Senator FEINSTEIN and I creases civil and criminal penalties for before the Senate. All of us in this introduced legislation 6 years ago to violating American economic sanctions fight can be deeply appreciative of her close the SUV loophole, whereby SUVs to create a true deterrent against voice and her tireless advocacy. were exempt from increased fuel effi- transacting with barred Sudanese com- I also want to express my deepest ap- ciency requirements because they were panies. preciation to Senator TED STEVENS, classified as light trucks. It’s also the Fifth, it requires the administration the author of this amendment, who has reason we introduced this year a bipar- to report on the effectiveness of cur- shown strong resolve on this issue by tisan measure to raise the average fuel rent sanctions and recommend addi- working to forge a compromise in the economy standards for all vehicles, in- tional steps to Congress to end the cri- face of obstacles that often seemed in- cluding SUVs, from a combined 25 sis. surmountable. I likewise want to miles per gallon to 35 miles per gallon I look forward to working with thank and commend he chairman of by model year 2020. Chairman CHRIS DODD of Connecticut, the Commerce Committee, Senator As I will explain more in-depth, this the chairman of the Banking Com- INOUYE, who has been instrumental legislation was carefully crafted to re- mittee, to send this to the President both as an original cosponsor of the flect not what we wish we could for his signature. ‘‘Ten in Ten’’ bill and in deftly shep- achieve, but what we know we can ac- I will repeat again what President herding this bill through his com- tually achieve. And I’m pleased that Bush said in April: mittee and on the floor. Both gentle- mandate was embraced and passed in You who have survived evil know that the men have again demonstrated that the Senate Commerce Committee; now, only way to defeat it is to look it in the face compromise is possible in this body it is vital that this provision in the un- and not back down. It is evil we are now see- and, without their bridge building, this derlying bill be preserved. ing in Sudan— day would not have been possible. Now, we have heard President Bush said— Likewise, I want to recognize the mischaracterizations of this measure— and we’re not going to back down. principled leadership of Senators LOTT, there have been omissions when it I completely agree with President CARPER, ALEXANDER, DORGAN, KERRY, comes to describing this bill from Bush’s remarks. The African Union and CANTWELL, KLOBUCHAR, CRAIG, all of those who oppose this measure—so let the United Nations forces should be on whom have been critical in arriving at me just begin by stating plainly what the way soon, but we still must do the consensus fuel efficiency legisla- this bill will do. Let me repeat, it re- more. Every Member of Congress and tion which we have before us today. quires that the average fuel economy everyone interested in doing something The Senate now stands at a land- standard for all vehicles under 8,500 meaningful to end this genocide must mark moment. Thirty-two years have pounds reach 35 miles per gallon by take action and not allow this to con- passed since Congress last took action model year 2020. This bill has no such tinue. on fuel economy standards, dating all requirement for vehicles over 8,500 The President once said he didn’t the way back to 1975. It has been an en- pounds. want the moral burden of this genocide tire generation since we said that—as a With respect to those vehicles, we on his conscience, on his watch. The Nation—we can and must do better allow the Secretary of EPA and Energy President’s watch is coming to a close. when it comes to saving fuel, saving to determine an appropriate fuel effi- It is time for those of conscience and money at the pump, and saving our en- ciency improvement program. Again, those who care not only in our Govern- vironment. there are no specific mandates for vehi- ment, but around the world, to act to We have a lot of catching up to do. cles over 8,500 pounds—just a direction spare those who are victims of this From 1985—the last time fuel economy that the standards are set at the max- genocide in Darfur. standards were administratively in- imum feasible level—we assign no nu- I yield the remainder of my time, and creased for passenger vehicles—not by merical goal. I suggest the absence of a quorum. Congress, mind you, but administra- Furthermore, we preserve the sepa- The PRESIDING OFFICER. The tively—oil imports have increased sub- rate standard for fuel efficiency or the clerk will call the roll. stantially from 4.3 million barrels a existing light truck category until The legislative clerk proceeded to day to 13.8 million barrels a day, while 2011—recognizing that our manufactur- call the roll. our efficiency standards have virtually ers already have these vehicles in the Ms. SNOWE. Mr. President, I ask been stagnant. Indeed, over the past 25 works for the next three model years unanimous consent that the order for years, fuel economy standards in the and it would be impossible, as a prac- the quorum call be rescinded. ‘‘light truck’’ category have only in- tical matter, for them to reengineer The PRESIDING OFFICER. Without creased by a measly 4.7 miles per gal- those vehicles at this juncture. objection, it is so ordered. lon—that’s an average of two-tenths of After 2011, there will no longer be Ms. SNOWE. Mr. President. I rise a gallon improvement every year. separate categories for light trucks and today to speak on the successful adop- Let me repeat that—it’s taken a passenger vehicles, as the legislation tion, moments ago, of the Stevens quarter of a century to wring a grand switches to a fleet-wide standard based

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8195 on vehicle attributes such as weight, as hadn’t been dormant for the past 22 excuse itself from issues of vital na- I just described. The world has already years. tional security? adopted this system because it is the Moreover, there should be no ques- As the 2002 National Academy of most efficient framework. In fact, Tai- tion of the critical national security Sciences report stated, the trade-offs wan, Japan, China, and South Korea component to reducing our dependence on these vital matters ‘‘rightly reside have all established an attribute-based on foreign oil. Every day, we import 2.1 with elected officials’’. Furthermore, system that is either based on size of million barrels of oil from the Persian they also conclude that it is ‘‘appro- the engine or the weight of the vehicle. Gulf. Every day, our rising gas prices priate for the Federal Government to Now, the U.S. Congress must expand shift billions of dollars from the Amer- ensure fuel economy levels beyond the framework of our attribute-based ican consumer to authoritarian govern- those expected to result from market system to a structure that does not dis- ments in some of the most volatile re- forces alone.’’ So we ought to get be- tinguish between passenger cars and gions of the world. Reflecting the crit- yond the question of the proper role for light trucks but that does create an ef- ical involvement of energy security in Congress in this debate. We have an in- ficient and logical system. our national security, an organization dispensable and undeniable role to And let me emphasize, this is a called the Energy Security Leadership play. change that automakers themselves Council has formed in an effort to ad- Now, there are some who are con- have sought, because it provides them vance a fundamental shift of our na- cerned that we will inadvertently limit greater flexibility and choices across tional energy policy. consumer choice, and let me say em- product lines to achieve the overall The Energy Security Leadership phatically that we address those con- goal of a fleet-wide fuel efficiency Council is a nonpartisan organization cerns. standard. that aims to build bipartisan support From 1978 to 1985 vehicles did not dis- And let me elaborate on that point. for policies to reduce our Nation’s de- appear from the road and during that Not only will manufacturers no longer pendence on foreign oil and improve period we witnessed a 40 percent in- have to contend with specific CAFE´ our energy security. The Council is co- crease in fuel economy. In fact, I would targets for specific vehicle segments, chaired by Frederick W. Smith, chair- argue the American consumer finally they won’t even have to meet a specific man, president, and CEO of FedEx Cor- had the opportunity to purchase the target for their specific company. So poration, and Retired General P.X. more fuel efficient cars they wish they how do we achieve the goal? That will Kelley, the 8th Commandant of the had years earlier. But most importantly, let me reit- be up to NHTSA to determine—not U.S. Marine Corps. The Membership erate this bill before the Senate does Congress—which is yet another change consists of generals, admirals, and a not mandate a certain fuel economy for that the auto industry has sought. former Secretary of the Navy. These any specific type of vehicle. Rather, it In other words, the industry has are prominent, experienced, and highly ensures that all of America’s vehicles asked that the arbitrary and artificial credible leaders who understand the improve, in the aggregate, to the 35 lines between vehicle categories be consequences of a reliance of foreign mile per gallon standard while leaving eliminated; this bill does so. Even the oil. The Energy Security Leadership the specifics on how to attain that re- alternative amendment filed by my Council has recommended for increas- quirement to the experts at the De- friend and colleague, the junior Sen- ing fuel economy standards, and has partment of Transportation and, spe- ator from Arkansas, also incorporates endorsed this bill before us. They un- cifically, the National Highway and our ‘‘attribute-based’’ approach pre- derstand that our Nation must finally Traffic Safety Administration. As a re- curtail our energy demand from these cisely because that’s what the industry sult, the engineers and economists at volatile regions. is seeking. The industry has also asked NHTSA are empowered to ensure that Mr. Smith testified just last week be- that the experts—and not Congress— we accomplish the oil savings in the fore the Senate Small Business Com- determine specifically how fuel econ- most efficient mechanism. And what mittee on the impact of rising gas omy standards are met, and by placing does this mean for consumer choice? those decisions in the hands of NHTSA prices. Noting that most oil shipments Because the bill doesn’t mandate par- this bill does so on that score as well. pass through a handful of maritime ticular fuel economy targets for any The bottom line is, our bill provides chokepoints such as the Suez Canal specific category of passenger vehicle, our car companies with the flexibility and the Strait of Hormuz, Mr. Smith there is greater flexibility in how the they require. It doesn’t place a man- observed that ‘‘a mere 4 percent short- 35 mpg mandate can be reached. For date on vehicles over 8,500 pounds. It fall in global daily oil supplies could example, the Secretary of Transpor- absolutely will not mean the end of push the price of oil to more than $120 tation may decide that pick-up trucks light trucks. That is a red herring, Mr. per barrel.’’ What’s the solution? Ac- can’t realistically achieve any substan- President, and as I will detail in a few cording to the Energy Security Leader- tial gains, but other segments have moments, the experts tell us that an ship Council, it is the bill before us that capacity. Manufacturers will have additional 10 miles per gallon in 10 today. Mr. Smith testified that ‘‘the greater latitude in how they contribute years over the entire American fleet of Senate has made great strides . . . to the attainment of the overall target passenger vehicles is achievable. through bipartisan support for’’ the of 35 mpg. So this bill will not remove Of course, there are some who argue Ten-in-Ten bill. Mr. Smith further ap- any vehicles from the road, but it will that Congress shouldn’t even be in the plauded our bill’s use of an attribute- abate the sting at the pump. business of setting these fuel economy based system, noting that ‘‘[t]his focus Our approach in this bill also ad- requirements. Well, first of all, let’s on attributes will also ensure that dresses another concern we share—that look back at what happened the last Americans will still be able to pur- increased fuel efficiency doesn’t trans- time Congress became involved. chase different types of vehicles that late to unaffordable sticker prices on In the wake of the 1973 oil crisis, Con- cater to different transportation America’s new vehicles. Figuring in gress delivered a long-term significant needs.’’ He concluded, ‘‘This is truly the cost-savings based on $1.50 per gal- increase in CAFE´ standards, which the path-breaking legislation that merits lon of gas, the 2002 NAS study outlined New York Times has labeled as the broad support.’’ that any initial cost in additional tech- most successful energy-saving measure Similarly, General Kelly has recently nology that saves gasoline would be re- this country has ever seen. The con- articulated, ‘‘Current events only serve covered over the life of the vehicle. gressional challenge in 1975 worked to to confirm the unacceptable security Of course, with fuel costs now more reduce our Nation’s demand for energy. risks created by our extraordinary than double that amount, it’s logical Does anyone seriously believe that the level of oil dependence. Significantly, to assume the savings on fuel costs of fuel economy for America’s vehicles reducing the projected growth in U.S. more efficient vehicles will be even would have improved by 40 percent oil consumption must become a com- greater. In fact, even at $2.00 per gal- from 1978 to 1985—just a seven year pe- pelling national priority.’’ We ought to lon, the net consumer savings would be riod—if Congress hadn’t stepped in? heed General Kelly’s assessment and $20 billion in 2020. In short, as the Con- And just imagine where we’d be today protect American security. I ask my gressional Research Service summa- if our energy independence efforts colleagues, since when should Congress rizes the NAS report, it ‘‘concluded

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8196 CONGRESSIONAL RECORD — SENATE June 21, 2007 that it was possible to achieve more variable transmissions are all advance- alters fuel economy requirements than a 40 percent improvement in light ments the experts say could be imple- based on attributes, like weight. Be- truck and SUV fuel economy over a 10 mented now. cause I agree that companies that to 15 year period at costs that would be So do we really want to argue we focus on larger vehicles should not be recoverable over the lifetime of owner- don’t have the technological where- unfairly punished, we have provided ship.’’ withal to make our vehicles travel maximum latitude to preserve our do- If there’s any doubt about the impor- more miles per gallon? Is it really the mestic manufacturers, foster consumer tance of this, just take a look at the American Way to say, ‘‘We can’t do choice, and improve fuel economy. example of the impact of fuel econ- that?’’ To the contrary, we should have The bottom line is, this measure omy—or the current lack thereof—on already witnessed progress in these navigates the narrow waters between Pottle Transportation, based in Ban- areas. If we had, perhaps our auto mak- doing less than we should, and more gor, ME. ers would be in better financial shape than we realistically can. In contrast, Owner Barry Pottle stated this past today. In fact, I certainly wish it were the amendment advanced by opponents year that their fuel economy has drift- an American automaker who had re- of this legislation would only raise ed from between 4 miles per gallon to 7 cently announced surpassing the one standards to an estimated fleetwide av- miles per gallon in the 25 years that he million mark in sales of hybrids. In erage of 30.6 by 2020. Furthermore, has led his company. I have a chart fact, in 2006, Toyota’s Prius was the their proposal retains rigid categories which indicates the gallons of con- company’s third best-selling passenger for cars and light trucks and assigns sumption over a year for one vehicle car. So someone out there must want different efficiency targets for each—36 and the corresponding cost as a result to buy more efficient vehicles. Talk miles per gallon by 2022 for cars, and 30 of current diesel prices. The aggregate about providing consumer choice, if miles per gallon by 2025 for trucks. But cost over a year just for an increase of anything consumers will have more if you calculate for the entire U.S. fleet 2 miles per gallon is a staggering choices for more cost-effective cars and overall, accounting for the number of $20,000 for each truck. This bill will fi- SUVs and light trucks. vehicles in each category estimated to Indeed, there are auto company busi- nally consider these heavy trucks in be on the road at that time, you arrive ness models that have demonstrated the fuel economy framework for the at 30.6 miles per gallon by 2020 under that consumers value fuel economy. In very first time in history. As indicated this amendment. testimony before the House Energy and In other words, the proposal ad- from Pottle Transportation, it is per- Commerce’s Subcommittee on Energy vanced by my colleague from Arkansas fectly clear that these fuel economy in- and Air Quality on March 14 of this is a 5 mpg increase in 10 years, while creases will result in substantial divi- year, Toyota’s North American presi- our proposal is 10 miles per gallon in 10 dends for America’s small businesses. dent, James Press, remarked, ‘‘2007 years. And at the end of the day, the The fact is that the current system marks the 10th year of the Prius, our amendment would save, at best, merely does not provide fuel efficient vehicles first hybrid. I am happy to say the in- 400,000 barrels of oil a day in 2020—ac- on the market for large commercial troduction of Prius was a sound busi- counting for just 3 percent of our daily and heavy duty trucks greater than ness decision.’’ import of oil—a mere drop in the buck- 8,500 pounds. Just last week before the Furthermore, let me reiterate, we do et. So the ramifications between the Senate Small Business Committee, not mandate any fuel economy in- proposals are significant, with ours Janet Myhre of Chuckals a company crease for any specific model or any saving 1.3 million barrels each day by that distributes office products, stated specific car company. Rather, we craft- 2020. Furthermore, in roughly 2023 this that ‘‘fuel cost impact each and every ed the legislation so that the entirety bill will save 2.1 million barrels of oil transaction that our organization man- of America’s passenger fleet—cars, each day—the equivalent to what we ages and is the third largest expense light trucks, and SUVs—must increase are currently importing from the Per- item on our financial statement.’’ from an average of 25.2 miles per gallon sian Gulf. Ms. Myhre was then asked if the now to an average of 35 miles per gal- Mr. President. This is clearly not a company had considered switching to lon by the year 2020. What we don’t time for timidity. The current gas more efficient vehicles or alternative mandate is how exactly we get there. prices in Presque Isle, ME, right now is vehicles for their delivery trucks to Right now, each company is required $3.13; in Arkansas, $2.99; in North Da- minimize fuel costs. Ms. Myhre re- to meet a corporate average fuel econ- kota, $3.14. These prices have and are sponded that Chuckals had inves- omy. Currently those standards are 22.2 continuing to raise transportation tigated the market and found that miles per gallon for light trucks and costs and the price of goods and serv- there were ‘‘no commercial options’’ 27.5 for passenger vehicles. However, ices. Lower-income families and small available for these vehicles. The mar- the problem with fuel economy stand- businesses are financially strained be- ket has not provided companies with ards does not reside in one company; it yond their capacity. It’s been esti- the options of utilizing fuel efficient exists throughout the entire transpor- mated that every time oil prices in- vehicles and for the sake of our Na- tation sector. As a result, we initiated crease 10 percent, 150,000 Americans tion’s small businesses, this Congress a fleet-wide solution rather than a lose their job. must begin to increase standards for piece-meal, company-by-company ap- And the critical relevance to our en- vehicles over 8,500 pounds. proach. In fact, the corporate average vironment is unambiguous, with the Still others have argued that this bill fuel economy standard actually ceases Intergovernmental Panel on Climate would place our domestic automobile to exist under this bill; rather, it fo- Change report this year dispelling any manufacturers at an unacceptable dis- cuses results for the entire industry—a doubt about the reality of human in- advantage, but that is simply not the fleet wide average as opposed to a cor- duced climate change, and the reality case it would be regrettable to view porate average. This is a much broader that while the U.S. represents 4.6 per- this debate in terms of fuel efficiency and more flexible framework that will cent of the world’s population, we emit versus the future of our auto industry. help domestic automakers. 23 percent of the planet’s CO2. Our leg- When did energy independence and the Indeed, some opponents have main- islation would remove 358 million met- strength of our domestic companies be- tained that any legislation must not be ric tons of global warming emissions in come mutually exclusive? ‘‘discriminatory against our compa- 2025 alone. This is nearly the same For those who say our proposal is un- nies,’’ and that the ‘‘numbers should be amount that India’s entire economy realistic and unreachable, the National set. . .by experts who understand what current emits. As the Washington Post Academy of Sciences reported 5 years can and cannot be done from a tech- stated just yesterday in advocating for ago that it is feasible to reach a 40 per- nology standpoint.’’ Well, we couldn’t this bill, ‘‘There’s a climate crisis cent increase in fuel economy in 15 agree more—and, once again, this is ex- brewing, and the transportation sector, years—and that is with existing tech- actly what our initiative accomplishes which accounts for 33 percent of global nology. Relatively simple improve- by leaving the details to the experts at warming pollution, must do its part to ments such as hybrid technologies, NHTSA. combat.’’ variable valve engines, high strength Our bill ensures that NHTSA will es- Mr. President, shouldn’t we be leav- steel and aluminum, and continuously tablish a mathematical function that ing a better legacy than that?

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8197 Shouldn’t we be striving to challenge major improvement in fuel economy cles, and help auto workers to get the and harness the innovative and entre- standards. Americans are now paying health care they have been promised. preneurial spirit that built America to more than $3 a gallon for gas. We are Today’s agreement makes long over- the greatest extent possible, rather importing 60 percent of our oil, much due progress on weaning America off than settling for less? Just look at of it from the Middle East. Osama bin our dependence on foreign oil and where our Nation has come with cell Laden has identified this dependence as fighting climate change. It is an impor- phones. This technological revolution a weakness, urging his supporters to tant step forward but bolder action will has occurred, while our fuel economy ‘‘focus your operations on oil, espe- be necessary if we want to solve the standards have stagnated. We can do cially in Iraq and the gulf area, since dual problem facing our country. better. The underlying bill does do bet- this will cause [the Americans] to die I will support this bill and this in- ter while providing an achievable solu- off.’’ crease in fuel efficiency standards. tion. The environmental effects of our oil Again, I commend all those who have I applaud today’s result and look for- dependence are also severe. The oil worked so diligently to move this ward to continuing to push for full used in transportation accounts for a amendment forward. I do have to say, adoption of this legislation into law. third of our Nation’s emissions of though, that I regret we have missed Mr. President, I yield the floor, and I greenhouse gases. Just in the last few an opportunity to do more today. I will suggest the absence of a quorum. months, we heard from a panel of top continue to work in the months to The PRESIDING OFFICER. The climate change experts from around come to see if we can make some fur- clerk will call the roll. the world that global warming is a cer- ther progress on this front. The legislative clerk proceeded to tainty and that most of the tempera- Mr. President, I suggest the absence call the roll. ture increase is likely due to rising of a quorum. Mr. OBAMA. Mr. President, I ask greenhouse gas concentrations. The PRESIDING OFFICER. The unanimous consent that the order for All this, and yet the CAFE standards clerk will call the roll. the quorum call be rescinded. have not changed in 20 years. This The legislative clerk proceeded to The PRESIDING OFFICER. Without deadlock deepens our dependence on call the roll. objection, it is so ordered. Mrs. CLINTON. Mr. President, I ask Mr. OBAMA. Mr. President, I ask foreign oil and impedes our efforts to unanimous consent that the order for unanimous consent to speak as in address global climate change. Since 1985, efforts to raise the CAFE stand- the quorum call be rescinded. morning business. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ards have been blocked by opponents objection, it is so ordered. objection, it is so ordered. who argued Congress does not possess Mr. OBAMA. Mr. President, I rise to the expertise to set specific bench- EMPLOYEE FREE CHOICE ACT speak about the compromise amend- marks and that an inflexible congres- Mrs. CLINTON. Mr. President, I come ment that has been offered by Senator sional mandate would result in a sac- to the floor on two very important STEVENS. I appreciate the hard work rifice of safety. issues, issues that really do go to the and the long hours expended by the I am confident we could achieve heart of the kind of economy and fu- proponents of this amendment to craft higher fuel efficiency standards, and we ture that our Nation will have. One is an approach that bridges the signifi- could do this in a cost-effective manner the Employee Free Choice Act, which cant differences on this issue. I com- without sacrificing safety. According we will be voting on in the next day or mend all who were involved for their to a recent report by the International two, and the other is the very impor- good work, their diligent work. Council on Clean Transportation, tech- tant Energy bill that we have been de- This amendment is a good start, and nologies exist today that can improve bating. I intend to support it. I also believe we light-duty vehicle fuel economy by up With respect to the Employee Free can and should do more to improve the to 50 percent over the next 10 years Choice Act, for me, this is about pre- fuel efficiency of our cars and our without any sacrifice in safety, serving, supporting, and growing the trucks. With this bill, we have a great through improvements in engines, American middle class. The middle opportunity to finally end a 20-year transmissions, aerodynamics, and class is the backbone of the American stalemate and accomplish something tires. Fuel savings would be more than economy, and our unions are the back- that will benefit all of us—require our enough to cover the cost of these im- bone of the American middle class. It is cars to go further on a tank of gas. provements when gas is at $3 per gal- time we passed into law the Employee This is the moment. The window is lon. Free Choice Act to give unions a level open, and I believe a bold approach is Last year, I first joined with Sen- playing field so they can organize for needed to achieve a major reduction in ators LUGAR, BIDEN, SMITH, BINGAMAN, fair wages, safe working conditions, our Nation’s dependence on foreign oil HARKIN, COLEMAN, and DURBIN to intro- and the hard-won rights and respon- and the emission of greenhouse gases. duce the Fuel Economy Reform Act. sibilities that American workers de- A bold approach is what made all of the This bill set a new course by estab- mand and deserve. difference almost three decades ago lishing regular, continual, and incre- This is a moment of profound chal- when Congress first established the mental progress on fuel economy lenge for our country. There is a deep Corporate Average Fuel Economy, or standards, targeting a 4-percent annual sense of concern that I have certainly CAFE, program. At the time, auto ex- increase but preserving some flexi- heard and listened to as I have traveled ecutives protested, much as they pro- bility for the National Highway Traffic throughout America. Americans know test today, saying there is no way to Safety Administration to determine they cannot win in the global economy increase fuel economy without making how to meet those targets. unless the middle class wins, but there cars smaller. One company predicted I also believe we should look for ways is a feeling that some people are bet- Americans would all be driving sub- to help automakers meet higher CAFE ting against the American middle compact cars as a result of CAFE. Any- standards. The Health Care for Hybrids class. Some people have assumed that one can see today that some of our Act that I introduced is an example of in a global economy one of the changes SUVs are the size of about three or how we can offer constructive assist- that will have to be made is that the four subcompacts put together. ance. This bill would establish a vol- middle class will have to shrink; that The fact is, CAFE worked. It nearly untary program in which automakers inequity is inevitable; that doubled the average gas mileage of cars could choose to receive Federal finan- globalization is a harsh phenomenon from 14 miles per gallon in 1976 to 27.5 cial assistance toward their retiree that we have to accept. Well, I do not, miles per gallon in 1985. The increase in health care costs in return for invest- and our families are right to be con- fuel economy saves us almost 3 million ing the savings into developing fuel-ef- cerned. barrels of oil per day and prevents the ficient vehicles. This proposal could In 2005 all income gains went to the emission of over 1 million tons of car- jump-start the industry’s efforts to de- top 10 percent of households. The vast bon dioxide per day. velop new technology, improve the majority of people—the other 90 per- But our oil dependence has only got- competitiveness of U.S. automakers in cent—saw their incomes decline. ten worse, and that is why we need a the growing market for hybrid vehi- Health care costs are up, gas prices are

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8198 CONGRESSIONAL RECORD — SENATE June 21, 2007 up, the cost of college is up, and for 6 At most, the worker is reinstated the need to reduce our dependence on straight years worker productivity, with backpay, an award that is, on av- foreign oil—which I agree with 100 per- which means how hard people work— erage, so small that many employers cent; the need to begin, finally, to ad- because American workers are the regard it as a cost of doing business. dress seriously global warming—which hardest working people in the world— Finally, 32 percent of workers who I think is way overdue. has gone up. But wages have either choose to unionize, still do not have a But there has not been enough talk been stagnant or falling. 2005 was the contract after a year of making that about why this Energy bill is critical first year since the Great Depression choice. to the economy of the United States in that average personal savings were The system is broken. It is not only the way it will help to create millions negative for a whole year. There is a our collective bargaining and unioniza- of new jobs. As the Presiding Officer sense that we are losing something in tion system, it is our economy as it af- knows, he and I offered an amendment, America; that basic bargain that al- fects our middle class. Our country which we are pleased the managers ac- lowed our country to succeed: if you needs reforms that will bring balance cepted, to provide incentives for train- work hard, you and your family can to our labor laws, and our workers need ing and equipping and preparing the reach the middle class. You can have the opportunity to unite with their co- workforce to do what are called green- that American dream. workers to obtain the protections and collar jobs. These are jobs that can’t be So it is not surprising that we are benefits of America’s labor movement. outsourced, by and large. If we finally seeing the weakening of the American Union wages are 20 percent higher get serious—and I hope we will get middle class at the same time we see than nonunion wages. Union members back to visit some of the financial in- unions under assault. In the early are almost twice as likely to be cov- centives that need to be in this bill years of the National Labor Relations ered by health insurance and to par- that unfortunately we were unable to Act, the majority sign-up procedure ticipate in employer-provided retire- include—we will begin to join other was the presumptively valid way in ment plans. countries that have gotten smart about which employees could choose a union. Unions improve safety conditions. this. Over the years, however, culminating For example, deaths in nonunion mines Germany gets a lot of its electricity in the 1960s, a number of decisions are almost twice as likely as deaths in now generated by solar—you know, shifted us to a new regime, a regime mines where the workers are union panels on the roofs of residences and where employers can choose to require members. offices. The last time I checked, Ger- their employees to vote for unions Unions certainly provide opportuni- many was not a tropical climate, but through a one-sided election process, ties for women and minorities. Women they have taken advantage of govern- dominated by employers, in order to in unions earn an extra $179 per week. ment-incentives to move the market secure collective bargaining rights. African Americans in unions earn an toward using solar. Denmark is also moving toward more Some employers even began to make extra $187 per week. Latinos in unions wind energy. The United Kingdom, efforts to push unions out of the work- earn an extra $217 per week. Nonunion which went into Kyoto when our coun- employees benefit from the efforts of place. try left it, has created tens of thou- Just consider these comparative the unions to seek benefits and protec- sands of new jobs weatherizing homes, facts: In the 1950s, companies illegally tions. That is why it is so important we installing new energy technology such fired or punished during organizing pass the Employee Free Choice Act. as solar, such as wind. We could do this campaigns, or they otherwise violated It is long past time to enact real fi- many times over. We believe we could National Labor Relations Act rights, nancial penalties against those em- create millions of new, good-paying fewer than 1,000 employees. The num- ployers who illegally fire or retaliate jobs for hard-working Americans. ber increased to 6,000 workers in 1969. against workers during an organizing Every so often we have to regenerate And now, today, it is 31,000 workers campaign. It is long past time to allow our job creation in America. During who have been illegally fired or other- employees to decide if they want to use the 1990s, we had a lot of new jobs that wise punished for wanting to exercise a majority sign-up to organize. were related to telecom and informa- fundamental right, one that we believe Finally, it is long past time to allow tion technology. We saw the creation people should be able to exercise not either employers or employees to re- of 22 million new jobs between 1993 and only here in our country but around quest mediation if they are unable to 2001. We saw more people lifted out of the world. As the number of labor vio- negotiate a contract after 90 days of poverty than at any time in our coun- lations have increased, we have seen it collective bargaining. try’s history. We saw shared pros- become harder and harder for workers These changes will finally give em- perity—not what we are seeing today, to organize. ployers an incentive to bargain in good where the bulk of the benefits go to a In 1956, unions represented 35 percent faith and to avoid situations where very small sliver of us. of the private workforce. The number years, and even decades, can pass with- This Energy bill is about jobs, it is today is only 7 percent. Our middle out a bargaining agreement. about creating new, good-paying jobs class, which unions helped to build in I believe in the basic bargain. I be- for hard-working Americans. What I the 1930s, the 1940s, the 1950s, and the lieve that unions help keep that bar- am looking at when I think of the Em- 1960s is suffering as a result. Studies gain for America’s working people. I ployee Free Choice Act and when I show that the decline in union mem- hope this Congress will uphold its end think of this Energy bill is how we get bership has been responsible for at of that basic bargain; that this Con- back into balance, how we get back to least 20 percent of the rise in income gress will pass the Employee Free where the economy works for every- inequality over the last three decades. Choice Act; that the Senate will join body, where the market is not stacked I think it is probably much more than the House, which has done so, to give against those who are not already priv- that, but that is what we can quantify. employees the real, fair chance to gar- ileged, where unions can once again be It is time, therefore, that we mod- ner the protections and benefits of a vehicle for people moving into and ernize labor laws that are stacked unions and to give unions the oppor- staying in the middle class and, com- against working people and stacked tunity to help bring workers into the parably, where we can have a new against their right to unionize. Right middle class. source of jobs. now, employers have unlimited access That is part of the equation; to re- We also have to recognize how we to employees in one-sided union rep- spect and protect the rights of those in have to look at the jobs that are al- resentation elections. Employers are the workplace and to give them the op- ready in the economy and how the En- given every opportunity to dissuade portunity to unionize. The other part ergy bill will affect them. I am hopeful workers in mandatory one-to-one of the equation is to have good jobs, we will think seriously about lifting meetings. They can delay votes for good jobs with rising incomes. We need the health care costs off a lot of our years. There are no fines or penalties a source of new, good jobs in America. labor-intensive, energy-intensive, cap- or sanctions if an employer illegally That is why this Energy bill is so im- ital-intensive industries in America, fires or discriminates against a worker portant. Much of the debate about the such as the automobile industry, be- for collective bargaining. Energy bill has been, rightly so, about cause laboring under the costs of

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8199 health care is an uncompetitive posi- centives aren’t required there. Instead, The PRESIDING OFFICER. The Sen- tion for them in the global economy. we took money that had previously ator from New Mexico. There is a lot to be done. I wish to be gone to fossil fuels and shifted the Mr. DOMENICI. Mr. President, I ask sure that as we look at the economy funds to renewables and conservation— unanimous consent that the order for and begin to try to get it back into again, in a vote that passed on a bipar- the quorum call be rescinded. that balance that works best for Amer- tisan basis, a very strong vote out of The PRESIDING OFFICER. Without ica, that we vote for the Employee the Senate Finance Committee. objection, it is so ordered. Free Choice Act, which is a way of giv- Let me say there are some who have Mr. DOMENICI. Mr. President, I won- ing employees the choice to have a bet- argued it costs too much money to der, while the Senator is still standing, ter life for themselves and their fami- have those incentives for renewables if I could ask him a question. I was lies. There is a lot to be done in our and for conservation. It is true, that standing someplace where I caught an country. I am very optimistic we can bill costs $28.6 billion over the next 10 echo on your last 2 or 3 minutes. Could begin tackling our challenges. But so years—$28.6 billion over the next 10 you maybe repeat it, because it hit my much of what we have to do to create years. But we are going to spend, over ear wrong. I did not quite get it. What the framework for our people to have that same period, $3,000 billion on im- did you talk about when it went to the that better future has to come from ported oil. In fact, that is probably a House and came back and what? this Chamber. low-side estimate because last year Mr. CONRAD. What I am saying is Let’s look at the future together. alone we spent over $270 billion import- there will be another opportunity to Let’s make decisions that will give the ing foreign oil, much of it from the vote on the package that came out of tools to our people to show they are least stable parts of the world. the Finance Committee. the best workers and the most com- Yes, $28 billion is a lot of money over Mr. DOMENICI. When is that? When petitive and productive people in the 10 years. But $3,000 billion on imported you come back from the House? world, to unleash that dynamism in oil dwarfs it. It is over 100 times as Mr. CONRAD. When we come back the American economy, and to dem- much. Isn’t it a good investment to from conference committee. onstrate clearly that we stand with the spend 1 percent of what we are going to Mr. DOMENICI. The same people who American middle class. spend importing foreign oil to develop voted here will vote again then, will I yield the floor. our own resources in this country? How they not? Are you expecting some Sen- The PRESIDING OFFICER. The Sen- much better would it be for a President ators to leave in the meantime from ator from North Dakota. of the United States, instead of depend- this side? Mr. CONRAD. Mr. President, in this ing on the Middle East, to be able to Mr. CONRAD. No. It is unfortunate body we are on the brink of something look to the Midwest of this country to the Senator did not hear my remarks. that is momentous, and that is signifi- help grow our way out of this crisis by I made it very clear in the remarks cant energy legislation to reduce our using ethanol and biodiesel? Instead of what I think will happen. We were dependence on foreign fuels. The bill sending $270 billion to places that are missing one Senator because of a fam- before us will break new ground. We unfavorable to us, to spend $270 billion ily obligation, missing another Senator will have fuel efficiency standards in- right here in America—how different because of illness. Senator REID, of creased for the first time since 1975. would our country look if that money, course, changed his vote to be on the This is the result of compromise, of instead of going abroad, was staying at prevailing side. That will provide the 60 principled compromise that advances home? votes required. the cause of reducing our dependence No one should think we are not going Mr. DOMENICI. I see. on foreign fuel. to have another possibility on the leg- Mr. CONRAD. I think with the pas- Last year I introduced the BOLD act, islation that came out of the Finance sage of time, I say to my colleague and Breaking Our Long-term Dependence. Committee. There will be another op- friend, we will have more votes as peo- That was perhaps the most comprehen- portunity. We will have a chance in the ple think about the consequences of sive energy legislation introduced in House of Representatives, in the con- the failure to get a stronger package; this body all last year. It had many ference committee, to add back those that there is time now to work out an provisions, many provisions to encour- provisions that passed on a strong ma- agreement to add votes. age further development of ethanol and jority vote, not only in the Finance Mr. DOMENICI. I see. Well, it would biodiesel and wind energy and solar en- Committee but on the floor of the Sen- be good if you would add to that there ate. ergy—all the renewables. But more might be a little opportunity to work We didn’t have a supermajority, we than that, it had provisions to expand together on that, too, you know. If you didn’t have the 60 votes. We had 57. Of domestic production of oil and gas in a course the leader changed his vote to get a few people a little anxious, you responsible way; also providing clean be on the prevailing side so he could might find you could not get cloture coal incentives because, after all, over move to reconsider. We are missing an- again. That could happen. 50 percent of our electricity in this other Senator because of a family obli- Mr. CONRAD. It could. I prefer to be country comes from coal. That is not gation and, of course, we are missing an optimist. I prefer to think of the ex- going to fundamentally change any- traordinary vote we had out of the Fi- our colleague, Senator JOHNSON, be- time soon. So we have to take meas- nance Committee, a bipartisan vote, cause of his illness. But Senator JOHN- very strong, and the fact that we have ures to increase the environmentally SON will be back, and the Senator who friendly aspects of coal usage and to was missing because of a family obliga- more than a majority here with votes improve our ability to produce and use tion will be back. And Senator REID missing. Those votes are going to come that resource in a clean way. will switch his vote. Then we will have back. While I am delighted we are on the the 60 votes necessary. Mr. DOMENICI. Yes. brink of passing something significant No one should be under any illusion Mr. CONRAD. I hope. I believe before and the beginning of something that that we are not going to take this op- this year is out, we will have a chance could be much bigger, I am very dis- portunity to strengthen our country to have a more comprehensive package appointed the provisions that passed and to reduce our dependence on for- than the one we will be able to move on the Senate Finance Committee on an eign oil because we will have that addi- this floor in the next several days. I be- overwhelming bipartisan vote did not tional opportunity and the votes will lieve it will be a package that will get the 60 votes required to advance. be here and we will have a comprehen- enjoy strong bipartisan support, just as Those provisions would have also taken sive energy package to take to the Na- the package did that came out of the us in a new direction, and they con- tion. Finance Committee. tained many of the provisions con- I yield the floor. Mr. DOMENICI. Well, you are invit- tained in the BOLD Act that I intro- I suggest the absence of a quorum. ing some of us not to approve anything duced last year. The PRESIDING OFFICER. The tonight, to have another cloture, and Those provisions shifted our incen- clerk will call the roll. you have nothing going to conference. tives away from fossil fuels because, The assistant legislative clerk pro- Mr. CONRAD. Well, that would be a with the high price of fossil fuels, in- ceeded to call the roll. tragedy for the Nation, and those who

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8200 CONGRESSIONAL RECORD — SENATE June 21, 2007 would engage in that tactic, I think, or Idaho. The other side of that equa- move to hydrogen, as we move to elec- would pay the consequences. tion with the late Craig Thomas, I am tricity, as we are, and as we will con- Mr. DOMENICI. Senator, you know, Larry Craig, Craig Thomas. His wife is tinue to, and we must. you and I have been here long enough Susan, my wife is Suzanne. It was not But in the meantime, it is a reality that we go through these tragedies at all unusual that sometimes we that this Nation has to continue to every now and then. But they get would get mixed up. People would produce. As loudly as I and some on the worked out. Then as long as you do not come to my office looking for Craig other side have spoken about it, the try to defy reality—there were a lot of Thomas, and would find out they need- Senate collectively does not want to people who didn’t want this to happen; ed to be on the other side of a moun- seem to go there anymore. My guess is a lot of people did. That is the Senate. tain range and out across a rather wide the American consumer, tragically Now we will see. expanse of land toward Casper, Wyo- enough, is going to pay the price. I Mr. CONRAD. That is the great thing ming, instead of Boise, Idaho. hope that ultimately we do get some about our country. Some people do not But I understand. Thank you very more production built into this legisla- want to advance on the question of re- much, Mr. President. tion or other public policy as we move ducing our dependence; some want to I will be brief. We are very close, I down the road because it is the reality stay stuck where we have been; others believe, toward the final passage of an of where we are. While we work our want to move forward. I believe those energy bill that many of us have spent way away from it and take this great who want to move forward are ulti- a good deal of time with. economy and start shifting it and mov- mately going to prevail. I want to thank a few folks who have ing it around to new economies in the Mr. DOMENICI. So do I. spent a lot more time with this issue field of energy, it takes a great deal of Mr. CONRAD. That is a good thing than I or than the principals on it. investment that the private sector will for this country. I welcome this debate, Cory McDaniel on my staff, legislative make, and it takes the kinds of incen- because I think the American people LA for energy, who has spent a great tives, and it takes a substantial think it is long overdue that we make deal of time over the last good many amount of time that I do not think is this advance, and it is to the credit of months as we have fashioned the SAFE as reflected in this policy as I would this body that we are prepared to move Act, as we have fashioned a clean port- hope, and as I have hoped it would be. forward tonight. folio standard versus a renewable port- I yield the floor. Mr. DOMENICI. Well, there is no folio standard, I thank Cory for that ef- The PRESIDING OFFICER. The Sen- doubt in my mind we are going to move fort. ator from Colorado. ahead. We have had some terrific I also thank Frank Macciarola, the Mr. SALAZAR. Mr. President, I come movement ahead in the past 31⁄2, 4 minority staff director, and Bob to the floor to speak tonight as we get years. Some of us who are questioning Simon, the majority staff director. We close to the point hopefully of passing how you think it is going to happen worked closely with them as we have an energy bill here in the Senate. have been part of that over the last worked our way through this issue. I first acknowledge the leadership of couple of years. We are not—nobody is Sam Fowler, counsel for the majority, both Senator BINGAMAN and Senator going to sit here and say: There is one and Judy Pensabene, minority counsel, DOMENICI. When we look at where we way, only one group of Senators knows have all been very helpful. are today on energy, much of it start- how to do this. We did our share in this I have worked closely with Senator ed, the bipartisan cooperation, between pretty good bill you voted for a couple DORGAN and his staff. Franz Senator BINGAMAN and Senator DOMEN- of years ago. Had we implemented the Wuerfmannsdobler and Nate Hill on his ICI, in the passage of the 2005 Energy provisions of that with financing that staff have been very helpful; also Colin Policy Act. I know there have been went with it, we would already be a Jones, a fellow from the National Lab critics of that act, but it was a cre- long way toward the development of in Idaho on my staff, and Darren ation that was put out in a bipartisan both supply and conservation; supply Parker, a research assistant, have been fashion, a significant step forward on of the type you want, and supply of the extremely helpful. A couple of interns, energy. type some others want. We would al- J.C. Dunkelberger and Brian Riga, This legislation that came out of the ready have that going. Instead, we do have been very helpful throughout all Energy Committee, which is included not, because we haven’t financed it. We of this effort. in the bill which we are about to vote should have. You were with us on the I think those of us who have been in on, in large part is a very good step for- financing. It should have happened. the Senate a long time know this work ward in terms of trying to address the Mr. CONRAD. I say to my colleague gets done certainly by us in some in- goals we had in that particular legisla- and my friend, I was proud to support stances but by our staff in most in- tion. that bill. I was proud of the leadership stances. They spend a lot of time, they I also congratulate both Senator STE- shown by the Senator from New Mexico develop a level of expertise in working VENS and Senator INOUYE. I think when on that legislation. I am proud of the with us on some of these issues. you think about the people who have leadership shown by the Senators from I thank these men and woman for made such a mark, an imprint on the New Mexico on this bill. I just think, their assistance in a complicated proc- Senate today and on our country, two at the end of the day, we are going to ess. I hope we can finish and produce a of our national heroes are TED STEVENS have even stronger legislation before work product that will come back to us and DAN INOUYE. I never get tired of we complete our work this year. That in a reasonable form that many of us hearing the story of Senator INOUYE was the point I was making in my ear- can support. and his service to our country. Every lier remarks. Look, we all know the ge- I am frustrated we are potentially time I see him and I remember his nius of this body is that there are those moving a bill out of the Senate that great contribution and sacrifice to our who agree and those who disagree; does not have any production. It is all country, I remember those are the those who favor, those who oppose. To- about the future and the outyears. I do greatest of the greatest generation, night we can celebrate together. We not think America worries about the and certainly both Senator STEVENS are making progress. That is important outyears when they go to a pump and and Senator INOUYE embody that great- for the country, but more needs to be pay $3 and 10 or 15 or 20 cents a gallon. ness. done. They worry about tomorrow and next I also thank the chairman and rank- I don’t think any Senator would year and the next year. That is what I ing member of the Finance Committee leave here tonight saying this legisla- think all of us have voiced in this de- for their great work. As a member of tion alone is all we can do. We can do bate. the Finance Committee, we worked more this year, and we should. Somehow it is not right anymore to very hard to come up with legislation I yield the floor. drill holes in the ground and pull out that would help us move forward in The PRESIDING OFFICER (Mr. oil and refine it. I do believe that still dealing with the reality of getting en- SANDERS). The Senator from Wyoming. fits into the equation and will for sev- ergy independence. Mr. CRAIG. Mr. President, I often- eral decades to come, as we move to While I am disappointed that part of times laugh. It is either Iowa, or Ohio, flex fuel, as we move to hybrids, as we the package is not included as we move

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8201 forward toward final passage here, it on down the road with respect to how INOUYE, Senator FEINSTEIN, and many nonetheless represented the best of our we address the issue of global warming others who were involved. That will thinking about how we could invest in here in America and across the world. help us achieve the oil savings targets this new imperative of America, and It is inescapable that we must do and goals we have set forth in this leg- gets us to a new energy future for the something about global warming if we islation. 21st century. are to save civilization for our children Finally, we take some movement for- I also thank the rest of my col- and grandchildren and save this planet ward in terms of dealing with the issue leagues who were involved in some of we have been given the humble privi- of carbon by making sure that we are the discussions that have been under- lege of inhabiting. That is an inescap- dealing with carbon sequestration map- way today. Let my say that from my able force that will drive us to a clean ping in the United States and that we point of view, there is no more impor- energy future in the 21st century. develop the way forward in terms of tant issue we must deal with here in Last is the economic opportunity and how we sequester carbon. There has Washington, here in the Congress, than dealing with the economic volatility been debate about coal. Not everybody the issue of energy. that happens when you are hostage to agrees on how we ought to move for- If we look at the big issues of our someone who controls supplies such as ward with respect to coal. I believe it is time in the 21st century, I think in my OPEC can today. The economic oppor- important that we look at coal as a mind there are three issues we have to tunity is one that you already see hap- possible resource because it currently deal with. We have to deal with the pening throughout our great Nation. generates about 50 percent of our elec- issue of foreign relations and how we In my State of Colorado, where 2 tricity today and it is the most abun- put the world back together again and years ago, before passage of the 2005 dant resource we have in this country. restore America’s greatness in the act, there was really nothing going on We have enough coal resources for the world. in terms of renewable energy, we have next 200 years of energy for America’s We also need to make sure we em- totally turned that around. We have use. Coal is to the United States what bark on a new clean energy future for now ethanol plants in places such as oil is to Saudi Arabia. So it is impor- the 21st century. Fort Morgan and Yuma. We have a tant that we not turn a blind eye and We also need to deal with other number of other ethanol plants spring- say we are a nation that is not going to issues that are very difficult, the enor- ing up in Windsor and Devon, down in look at all at coal. mous challenge that we face with the the southern part of the State, places Some of the new technologies we health care in America today. That which were part of the forgotten rural have with respect to IGCC—the cre- issue is bankrupting America’s fami- America which had been hanging on by ation of electricity in a way that can lies and America’s businesses day by a shoestring just to keep their commu- help us with the hybrid plug-ins—will day. So how we move forward with nities alive. There is a new breath of open a whole new chapter today and those three issues is very important. activity, a new breath of hope and op- build on the 2005 act. That will all be But tonight we are at the doorstep of portunity and optimism in rural Amer- very important. Carbon sequestration taking a significant step forward on ica, in large part because we believe we needs to be a part of the equation. We one of those huge issues; that is, the can grow our way to energy independ- know there are formations throughout issue of energy and moving forward to ence. this country where, in fact, we can se- establishing a clean energy future. I believe strongly we are headed in quester carbon. The technology is not Now, when I often talk about energy, the right track with the legislation all that complex. The enhanced oil re- I think back to what happened in the that has been put forward. I am hopeful covery efforts and the technology we early 1970s and through the 1970s with that we will move forward and con- have with EOR is technology that has both President Nixon and President clude our effort on this energy legisla- been used in the oilfields for decades. Jimmy Carter, where President Nixon tion tonight. We know there are formations out declared the need for us to be energy I want to go back for a minute and there where we can, in fact, store car- independent, and coined that term. reflect upon the legislation that came bon. So we can find ways of utilizing Then following him, President Carter out of the Energy Committee which this abundant fuel we have in the spoke about energy independence as was led in a remarkable fashion by United States to help us fuel the en- being something that was the moral Senator BINGAMAN, with the support of ergy needs of the country. equivalent of war. Well, the fact is that Senator DOMENICI. It was a bipartisan In addition to the many Members in those days the driver for those state- effort that focused on three major who have worked on making this a pos- ments and the coining of that term issues, all of which are included in the sibility—and I hope we do get the 60 came from the economic volatility underlying legislation. votes we need—there have been a lot of that was caused by the formation of The first of those was moving for- people on many staffs on both the ma- OPEC and their ability to be able to in- ward with alternative fuels. If you jority side and the minority side who fluence the world markets on oil. think about what we have done with have worked to make this happen. I I think today we have three inescap- the renewable fuels standard, we will thank each and every one of them for able forces that drive us to look at the be quintupling the amount of energy getting us to the point we are today. I clean energy future as the imperative we create from biofuels. We will be know the countless hours and nights of the 21st century. Those inescapable opening a new chapter with cellulosic and days they have spent working on forces are, first and foremost, our na- ethanol that will make the biofuels this issue. Without them, we would not tional security. When we see what is targets a reality. be where we are tonight. happening in the Middle East with Secondly, the efficiency measures are I thank the people in my office who Hezbollah and in Lebanon with Hamas important to make sure we stop wast- have been working hard on this legisla- in the Gaza, you know that terrorist ing the energy we consume. When we tion for a long time, both in the En- organizations such as those are being look at what the experts tell us, from ergy Committee and in the Finance funded by the very oil that is being the Department of Energy, the Na- Committee. I say thank you to Steve consumed by the free world. tional Renewable Energy Lab, we know Black, who has been an enormous play- So for us to become energy inde- we waste 60 percent of the energy that er on the energy issue, in 2005 as well pendent is our way of making sure we is consumed in America today. There- as today; Matt Lee-Ashley, Suzanne are not held hostage to those kinds of fore, the lowest hanging fruit for all of Wells in my office, Grant Leslie, and organizations, to the oil barons and us is to move forward with efficiency Sam Mitchell, who have done an enor- sheiks of this world. It is an imperative measures. We are doing that in the mous job pulling all of this together. we do that from a national security part of the legislation that was created This is a major step we are about point of view. in the Energy Committee. We also are ready to take. I look forward to being Secondly, I think it is now beyond doing it very much with the CAFE a part of the celebration when we get argument in our world today that the standards, the fuel efficiency standards this all done, hopefully in the not too issue of global warming is here, and we that were negotiated today with the distant future before we go into the will have some debate that will come leadership of Senators STEVENS and wee hours of tomorrow morning.

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8202 CONGRESSIONAL RECORD — SENATE June 21, 2007 EFFICIENCY TITLE Mr. REID. Mr. President, I would an- nificant impact on the environment Mrs. LINCOLN. Mr. President, I ap- swer the chairman of the Energy Com- and on the health of every American— plaud the efforts of the Energy Com- mittee, who has done great work in accounting for nearly 40 percent of mittee, its chairman and ranking managing this complicated energy bill, America’s greenhouse gases. The Fed- member, in crafting this bill. However, that I agree with him as to the impor- eral Government is the largest owner I have concerns about some aspects of tance of this amendment to the Nation, and renter of buildings in the Nation the efficiency title specifically as they and on the broad support that it enjoys and is one of the largest emitters of relate to regional standards for heating in the Senate. greenhouse gases in the world. and cooling products and the possi- There is little that we could do in the In addition, poorly designed schools bility of more than one energy stand- electricity sector that would bring can cause the air inside to be ard such as SEER or EER being applied more benefits—in terms of consumer unhealthy. This poor air quality in- to these products. I sincerely hope that savings, reducing natural gas demand, creases childhood asthma. we can work on resolving these issues and slowing the growth of greenhouse More than 67 percent of schools have following the passage of this legisla- gas emissions. We have sought in this a design problem that contributes to tion. bill to broaden the range of energy re- Mr. BINGAMAN. I am happy to work asthma. For those reasons, I intro- sources that we depend on for motor duced the High Performance Green with my colleague from Arkansas to fuels to include renewable resources. improve this bill, and will work with Buildings Act, which is now included in We must do the same for our elec- her on this issue following the passage the Energy bill. This legislation fo- tricity supply. I share his strong belief of this legislation. cuses on making our Federal buildings Mrs. LINCOLN. I appreciate the that enactment of a national renewable ‘‘green’’ and improving the environ- chairman’s good-faith commitment to electricity standard is critical for the mental and health impacts of our work with us on this issue. I raised Nation’s efforts to become more energy schools. I worked with our former col- these concerns when this bill was being independent and to reduce the risks of league, Senator Jeffords, on this bill in discussed in the Energy Committee, global warming, as well as create new the past—and the language now in the and I continue to have reservations jobs in the clean energy industry. I Energy bill represents a collaborative about how the language, as written, promise to work with him to see that effort between myself, Senator BOXER, can be implemented. proposal gets fair consideration, a vote and Senators SNOWE and WARNER. RPS and, if at all possible, enacted into law In comparison to standard buildings, Mr. BINGAMAN. Mr. President, I this Congress. the average green building has better would ask the majority leader, through Mr. LAUTENBERG. Mr. President, air quality, uses 30 percent less energy, the President, if he is in agreement right now, people are at gas stations and results in nearly 40 percent fewer with me on a matter of some impor- across America, filling up cars and emissions. Green buildings also have tance. I offered an amendment last trucks to get to work, take their kids smaller electric bills, which saves own- week to require that 15 percent of the to school, and run their errands. ers and tenants on their bottom lines. electricity sold in the Nation come In May of 2002, a gallon of gas cost The Federal Government must lead from renewable energy resources by $1.40. Today that same gallon of gas by example and achieve those results the year 2020. We have not been able to costs $3.22. In just 5 years, the price of for its buildings. Accordingly, my get an agreement to have a vote on gas has more than doubled. green buildings bill will direct the Gen- this amendment, or on other forms of Gas isn’t the only energy cost that eral Services Administration to use a it that might have provided more flexi- has spiked in the last 5 years. In New green building certification that all bility to States in meeting the goals of Jersey, individuals, families, and busi- Federal buildings should achieve. It the amendment. We would have been nesses are paying 25 percent more for also provides grants and voluntary agreeable to accepting a supermajority electricity than they were just 5 years guidelines for schools to lessen their threshold for passage of the amend- ago. These high prices are hurting our environmental impacts—and improve ment. We still could not reach agree- families—families whose budgets are the health of the students, teachers, ment. That implies, to me, that oppo- already stretched thin. and staff inside them. We also know that our energy poli- nents of the measure believe that 60 or Finally, the bill calls for demonstra- cies are hurting our environment. The more Senators support the amendment. tion projects to show the public that emissions from our cars and trucks, I believe that they may be correct in green buildings are environmentally electric utilities, and factories are assuming so. sound, benefit people’s health, and are causing global warming—a fact re- This amendment would have been as both cost-effective and practical. significant an amendment as we could cently verified by a United Nations Panel on Climate Change. The energy The States are doing their part. New have added to the bill. Such a standard Jersey and 21 other States have al- would increase the generation of re- bill before us marks the first serious attempt in years to address our energy ready signed bills similar to my legis- newables in the Nation from something lation. Many private companies are over 2 percent to a much greater share crisis. First, it takes a measured but appro- doing their part as well. For example, of our generation supply. We have tried Bank of America is building a new again and again to provide, in law, priate approach to improving CAFE standards governing the fuel efficiency highrise office tower in Manhattan—a mechanisms to allow renewable energy building that will be entirely green. It technologies to take the place in the of our cars and trucks. Right now, Japan leads the world in fuel effi- is time for the Federal Government to market that they deserve. The Senate do its part. has passed similar amendments three ciency. Many of their cars and trucks We need a solution to our energy times. This provision would result in get more than 40 miles per gallon. The problems: one that protects the Amer- cleaner electricity generation, be the United States is far behind. Our pas- ican pocketbook, improves our CAFE source of extensive creation of new senger cars have been stuck at CAFE standards, reduces our dependence on jobs, enhance our energy security, standards of 27.5 miles per gallon since foreign oil, and promotes green build- lower the price of natural gas, and 1990—and our light trucks get just 21.6 ing. This energy bill will be an impor- could even result in lower electricity miles per gallon. We must do better, tant step forward toward achieving prices. and with this bill, we will. Given the importance of this provi- Our energy bill calls for increasing these goals.st sion of the Nation, and the clear, fuel efficiency to 35 miles per gallon by AMENDMENT NO. 1792 strong support for it in the Senate, I the year 2020. As we improve our fuel Mr. INOUYE. Mr. President, I rise in would ask if it is the intention of the efficiency, we decrease both the support of amendment No. 1792, filed by majority leader, should we conclude amount of gas Americans have to pay Senators STEVENS, SNOWE, ALEXANDER, business on the Energy Bill without for and the greenhouse gases our cars and CARPER, and cosponsored by Sen- passing it, to seek another vehicle for emit. But despite what many think, ators FEINSTEIN and KERRY, among the passage of the renewable elec- greenhouse gases don’t only come from others. This bipartisan compromise re- tricity standard? cars and trucks. Buildings have a sig- flects the input of Members, industry,

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8203 and consumers, and is good policy for Mr. DODD. Mr. President, I rise ated, our rural communities will be re- our Nation. today to speak on the pending energy vitalized through energy innovation, I particularly wish to congratulate bill and the future of energy in the U.S. and our relationships with allies and Senator DIANNE FEINSTEIN for her dedi- I commend Chairman BINGAMAN for overall position in the world will be cated efforts over the years to update crafting this compromise bill and strengthened. our Nation’s fuel economy standards. bringing it before the full Senate for Our over-reliance on foreign oil, espe- The success of the amendment today is consideration. Like many of us, he rec- cially from the Middle East, makes us a tribute to her tenacious and skilled ognizes that the energy crisis we face vulnerable to price spikes, supply dis- advocacy. will be long-term and life-altering, and ruptions, and market uncertainty. We At every step of the legislative proc- that we must enlist all Americans, and also, sadly, pay for the privilege of ess following the introduction of S. 357, the cooperation of governments world- propping up authoritarian regimes that the Ten in Ten Fuel Economy Act, by wide, to solve it. use oil reserves to bolster their own Senators FEINSTEIN and OLYMPIA Let’s be honest. We have only gotten power, insulate themselves from de- SNOWE, the authors and cosponsors of to this critical point because we have mands for political and economic liber- S. 357 and members of the Senate Com- put off for too long momentous energy alization, and protect themselves from merce Committee have worked to- decisions. In fact, the main answer to the need to improve their human rights gether in a bipartisan manner to ad- our energy dilemma from the party records—what NYT columnist Tom dress the concerns of the automotive across the aisle while they were in Friedman calls ‘‘petro- industry. In particular, this group power in Congress was the 2005 energy authoritarianism.’’ This is why the worked hard to ensure that auto- bill, a scandalous mix of billions in government of Iran can suppress its makers will not face a significant bur- drilling subsidies and other giveaways own people; it’s why Russia can crush den when meeting the first improve- to big oil companies which even some Chechnya and intimidate its neighbors; ments to fuel economy standards in of them admitted were unnecessary. it’s why China, a major owner of Su- more than 30 years. That effort was doomed from the start: dan’s main oil consortium, can con- I am pleased that Members from both While we consume 25 percent of the tinue to block effective U.N. action on sides of the aisle continued to work to- world’s oil, we only hold 3 percent of Darfur. We are effectively financing gether to produce the amendment its reserves—so we can’t, we never them to do it through our oil pur- adopted today. While addressing a could, drill our way out of the problem. chases. number of the concerns raised by auto- The results of that bill in the last 2 And we have been doing this for dec- makers regarding the Feinstein-Snowe years haven’t been surprising: sky- ades. I was first elected to Congress in Ten in Ten Fuel Economy Act as re- rocketing oil and gas prices; no slack- 1974, in the wake of an energy crisis ported by the Commerce Committee, ening of demand; increased U.S. de- prompted by an OPEC oil embargo. It the amendment preserves the core pendence on foreign oil; underfunding was a summer of gas lines and short- goals and fuel savings of Ten in Ten. of renewable energy initiatives; and ages, of steps large and small taken to The amendment directs the Sec- slashed conservation funding. This bill address the problem. And now here we retary of Transportation to increase takes us in a much better direction, are, fighting another uphill battle to fuel economy for automobiles to 35 with progressive new policies. And that enact a good energy bill, which con- miles per gallon by 2020, as in Ten in is critical. If we are to address honestly tains an important set of incremental Ten. But in the years that follow from the threat posed by America’s addic- steps to address these problems. I 2021 to 2030, the Secretary shall in- tion to carbon-based fossil fuels, and would like us to go much farther than crease fuel economy at a maximum especially imported oil, it is long past this bill does. But at least with its pas- feasible rate instead of at a pace of 4 time to move in a better direction, and sage we would finally be headed in the percent per annum. to make some difficult choices. If we have a breakthrough in battery right direction. We have known for a long time about I think almost everyone in this technology, then 4 percent per year the three-fold threat—to our national Chamber would agree that the future of may well be too low. If there are un- security, our economic vitality, and energy in this country, to the max- foreseen problems, 4 percent may be our environmental health—posed by too high. The amendment will allow imum extent possible, should be clean, our over-reliance on foreign oil. To our the Secretary to set an appropriate green, domestic, and renewable. We national security, because we now im- standard in the future. know that our dependence on foreign The Kerry-Cantwell second degree port about 60 percent of our oil from oil leaves us vulnerable, increases our amendment to the Stevens-Carper- some of the most politically unstable trade deficit, and creates volatility in Feinstein-Snowe-Kerry amendment regions of the world, governed by au- energy prices and hardships for Amer- also directs the Secretary to establish thoritarian regimes, some serving as ican consumers and businesses. We and implement an action plan to en- breeding grounds for terror. To our know that emissions from fossil-fuel sure that 50 percent of the vehicles for economic vitality, through high gaso- fired powerplants cause unnecessary sale in 2015 are alternative fuel auto- line prices, rising home heating costs, illnesses and deaths. And we know that mobiles. We must encourage manufac- and electricity price spikes which our emissions of greenhouse gases are turers to improve their fleets’ fuel strain family budgets, burden busi- causing global climate change, which economy by exploring new tech- nesses, and make our Nation less com- is leading to higher sea levels, melting nologies and producing alternative fuel petitive. To our environmental health, glaciers, shifting ecosystems, and vehicles. I commend Senators KERRY due to smog, climate change, increased ocean acidification. and CANTWELL for developing this com- asthma risks, cancer and other diseases Our national energy policy must be promise amendment that addresses caused or exacerbated by pollution. We retooled to address those threats di- this important goal. continue on this path to our peril. A rectly, and to encourage the develop- By adopting the bipartisan com- better way forward is to embark now ment and deployment of technologies promise amendment and H.R. 6 as on a course of dramatic change in our that will encourage the use of clean, amended, we will place the country on energy policies, including setting clear domestic, renewable energy. This bill, a path toward reducing our Nation’s long-term goals and enforceable bench- modest as it is, does that, I applaud dependence on foreign oil, protecting marks; backing our rhetoric on con- Senators STEVENS, INOUYE, FEINSTEIN, the environment, and helping con- servation, renewable energy and other and others for crafting a compromise sumers deal with rising gas prices. initiatives with real funding; scaling on fuel economy standards, though we Finally, I wish to express my appre- back wasteful oil industry subsidies, must recognize that it is a com- ciation for the excellent efforts of the and including all Americans in energy promise: the new fuel economy stand- dedicated staff on the Senate Com- conservation efforts. If we do it right, ards contained in this bill do not do merce Committee including David Middle East imports will decline and enough to achieve the full potential of Strickland, Alex Hoehn-Saric, Ken vital U.S. interests will be made less current technologies to increase fuel Nahigian, Mia Petrini, and Jason vulnerable; our air will be cleaner; new efficiency. Even so, setting the CAFE Bomberg. jobs in the renewable sector will be cre- target at 35 miles per gallon by 2020, is

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8204 CONGRESSIONAL RECORD — SENATE June 21, 2007 an important advance for a Congress more effective use of their tax dollars ply not true. In fact, the National that has not managed to increase by government. And they want change. Academy of Sciences, in its 2002 report standards at all for over 20 years. They understand that the threats of that is frequently cited, specifically There was no increase in fuel economy climate change are not geographically stated that the conclusions it drew standards to blame for the decline in remote or far off in time; they are real about technologies should not be inter- American auto manufacturers’ market and urgent. I hope that the day when preted as fuel economy recommenda- share from 73 percent in 1986 to 55 per- we can take up and pass tough new tions. cent in 2006; the future strength or controls on carbon dioxide and other There was a better way. An amend- weakness of those manufacturers will greenhouse gases arrives soon. But ment sponsored by Senator PRYOR that depend far more on the extent to which however we address emissions and effi- I cosponsored, along with Senators they transform themselves by taking ciency, conservation, bio-fuels, fuel BOND, VOINOVICH, STABENOW and advantage of new green vehicle tech- economy, and other important provi- MCCASKILL, offered that alternative ap- nologies in the coming years. The same sions, I urge my colleagues to support proach. Our amendment would have arguments we have heard for many this bill, and to start us on the road to- taken bold steps forward to improve years—that the technology is unavail- wards a future of clean, domestic, and fuel economy, reduce our dependence able to enable these higher standards, renewable energy. on foreign oil, and protect the environ- that they will make cars less safe, that Mr. LEVIN. Mr. President, I regret ment. We did that in our amendment we will hurt our own manufacturers— that I cannot support the Energy bill by establishing aggressive, yet achiev- are the ones made in the late 1970’s; that we are voting on tonight. I will able, new and different fuel economy they are no more true now than they vote against cloture on the bill and standards for cars and light trucks and were then. against final passage. There are many by setting clear interim milestones for We have spent much of this debate on good provisions of this bill—particu- reaching these new standards. a few contentious issues, but there are larly in the areas of energy efficiency Our amendment would have required many significant provisions in the bill and renewable fuels—but at its core, a thirty-percent increase in fuel econ- that have not been as widely discussed, the bill contains CAFE provisions that omy standards for cars by 2022 and a including creating research and dem- will needlessly harm the American thirty-five-percent increase in stand- onstration programs for carbon capture auto industry. ards for trucks by 2025, and our amend- and sequestration, substantially in- I believe we had a real opportunity to ment would have provided certainty creasing appliance efficiency stand- make significant strides in improving that these standards will be met. It ards, and making the Federal Govern- fuel economy and reducing our depend- also would have provided the predict- ment a leader in the use of renewable ence on foreign oil, and doing it in a ability needed by our auto companies energy and green construction. More- sensible way that would support Amer- to plan ahead and utilize new advanced over, this legislation puts the Senate ican manufacturing and American technology to the maximum extent on record in our support of engagement workers. Instead, the bill before the possible. Our amendment would have with other countries, especially those Senate tonight has chosen the path provided the National Highway Traffic in the Western Hemisphere, to better that is most likely to harm our work- Safety Administration, NHTSA—the coordinate energy security and assure ers by combining trucks with cars for agency that would set these stand- diverse and reliable energy supplies. new standards that are overly aggres- ards—tools necessary to establish the While it is not perfect, it is a step in sive and unachievable and may have a standards in a sensible way that would the right direction. particularly harmful effect on those have ensured the standards would be at Mr. President, let me say a final manufacturers who produce a high per- the maximum feasible level, even if word about the elephant in the room, centage of light trucks and produce that level proved to be higher than the which we have scarcely acknowledged small cars in America. number included in this amendment. thus far in this debate about energy America has lost 3 million manufac- To ensure that the technology would policy: climate change. Climate and turing jobs since 2001, over 200,000 jobs be available to meet these standards, energy policy are inextricable—any en- in the automotive sector. Our compa- our amendment also would have pro- ergy policy we adopt will have an enor- nies face enormous competition in the vided a significant new infusion of Fed- mous impact on the climate. I recog- global marketplace without support eral dollars to support advanced tech- nize that this body is not yet ready to from the U.S. Government. Our compa- nology research, development, and adopt a comprehensive measure to sub- nies are not competing against compa- demonstration programs across a wide stantially limit emissions of green- nies overseas they are competing spectrum of technologies—from ad- house gases, or to take the bold step of against other governments that strong- vanced batteries and lightweight mate- imposing some form of a comprehen- ly support their manufacturing sectors rials to advanced clean diesel, hybrids, sive corporate carbon tax. If we were with currency manipulation and trade plug-in hybrids, and fuel cells. Our honest with the American people, that barriers against our products. Amer- amendment also would have put more is the kind of bold step we would take ican companies must compete against advanced technology out on the road to help resolve our energy dilemma. those who are protected from import immediately by requiring each auto The truth is that, on energy and cli- competition by their government, have manufacturer to make a certain per- mate issues, Americans are ahead of cheap labor costs, do not pay health in- centage of their new vehicles either their political leaders. They under- surance and legacy costs, or do not flexible fuel vehicles or advanced tech- stand the serious, long-term cumu- have to meet our strict environmental nology vehicles—increasing to 50 per- lative threat climate change poses to standards. Our manufacturers can com- cent of their fleets by 2015. their children and grandchildren; pete with anyone on a level playing To be sure, meeting the new fuel they’re willing to make tough choices field but right now that field is tilted economy standards under our amend- to address it. They understand that against them. ment would have been a stretch and a cleaner energy is possible; they know Tonight, we are choosing to follow a challenge for all of our country’s auto that fuel-efficient vehicles and appli- path that will continue that uneven manufacturers—both our traditional ances are within reach—but they’re playing field for our manufacturers American manufacturers, who built the worried that American manufacturers through our own regulatory process— foundation of the auto industry in this are falling behind. Americans over- no other countries would do that to its country, as well as manufacturers such whelmingly support the development of companies. The proponents of these as Toyota, Mazda, and Mitsubishi. But alternative energy, higher mileage provisions—a combined car-truck it would not have pushed our compa- standards, hybrid vehicles, and incen- standard of 35 miles per gallon by 2020 nies to the breaking point, as I fear the tives to produce and install more en- claim that these standards will be easy provisions of this legislation will do. ergy efficient appliances. They see the to meet with new advanced technology So I cannot support this bill tonight, potential for savings generated by en- and suggest that these fuel economy and I regret that we did not take a dif- ergy-efficient technologies, both for numbers are supported by the National ferent path. I was encouraged that the their families and for a more efficient, Academy of Sciences. But that is sim- Commerce Committee leaders were

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8205 willing to take some of our suggestions So far we have increased the oil sav- operations of farmers, ranchers, and and make some improvements in their ings targets in this bill by 50 percent, small business owners. bill. Through our negotiations, we re- so that by 2016, we are saving as much The CAFE˜ standards in this bill are ceived a few significant concessions. oil as we are currently importing from achievable by incorporating a group of Specifically, the standards in the final the Middle East. We have passed provi- modest, proven conventional tech- bill are for the industry as a whole and sions from the DRIVE Act that will nologies into vehicles. The tech- not standards to be met company by bring high-efficiency vehicles, such as nologies would add about $1,100 to the company, ending a procedure which has plug-in hybrids, to consumers. And we price of an average vehicle in 2019, an discriminated against the domestic in- set a goal of producing 25 percent of investment that would be recovered in dustry. The bill also makes clear that our energy from renewable sources by less than 3 years of driving, assuming NHTSA is required to set standards ac- 2025. These are important improve- that gasoline costs $2.00 per gallon. cording to an attribute based system ments that will accelerate the pace at Over the lifetime of the vehicle the that will look at the different at- which we are moving toward energy owner would save a total of more than tributes of cars and trucks, and make independence. $3,600 in gasoline costs. clear that the fuel economy standards Today, though, I want to talk more And the technologies are only get- ting better. Our national labs and uni- after 2020 will be set at the maximum specifically about a provision of this versities are making breakthroughs in feasible level rather than requiring an bill that has been a point of intense de- research that will allow us to make arbitrary and unrealistic increase of bate for some time. Vehicle efficiency even greater advances in fuel effi- four percent annually and was true standards in this country have been ciency. At the Colorado School of stagnant for too long. Although our ve- with the Commerce Committee bill. Mines, for example, researchers are de- I believe that we can reduce our de- hicle manufacturers have made impres- veloping a way to cast metal alloy pendence on oil, reduce our greenhouse sive improvements to the safety, composite materials for high strength, gas emissions, and improve the overall strength, and power of our vehicles, the lightweight vehicle parts. This tech- fuel economy of our vehicles on the average fuel economy of new cars and nology will reduce the weight of vehi- road while supporting our American trucks was actually lower in 2006 than cle components by as much as 60 per- manufacturers in the global market it was 20 years ago. Passenger cars sold cent without compromising vehicle place. To do that, we need a major pub- in the U.S. only get around 27.5 miles performance, cost, or safety. lic-private partnership and major in- per gallon on average. While I am a champion for the re- vestments in leap-ahead energy tech- The result? American consumers and sponsible development of our domestic nologies, including advanced tech- businesses are suffering disproportion- energy supplies and I firmly believe nology vehicles. We need a huge infu- ately from $3-a-gasoline. $50 and $80 that we need to make smart invest- sion of resources and a commitment visits to the gas station are now the ments in a renewable energy economy, from both the private sector and the norm, and transportation costs are improving efficiency is the cheapest, Federal government to support efforts taking a growing slice out of family cleanest and quickest way for us to ex- to reach these important goals. At a budgets. tend our energy supplies, get a handle minimum, we cannot have our govern- People who live in rural areas are hit on rising gas prices, and reduce our de- ment act in ways that will unfairly dis- the hardest by low fuel-efficiency pendence on foreign oil. advantage our American manufactur- standards. They drive around 15 per- I am proud of the responsible, bipar- ers against their global competitors. cent more miles than people who live tisan approach we have taken to im- Mr. SALAZAR. Mr. President, I rise in cities, they rarely have the choice of proving vehicle standards. I want to today to urge my colleagues to support using public transit, and they use work again thank Senator BINGAMAN and the improvements to vehicle efficiency vehicles, like pickups, that get fewer Senator DOMENICI for their leadership that are included in H.R. 6. It is time miles to the gallon. As a result, gas on this bill and I look forward to pass- for us to make reasonable, achievable, bills in rural households have risen al- ing it as soon as possible. and meaningful increases to the cor- most $1,300 in the past 5 years. I yield the floor and suggest the ab- porate average fuel economy standards. The question of how to improve vehi- sence of a quorum. In the past 2 weeks I have spoken re- cle efficiency standards is not an easy The PRESIDING OFFICER. The peatedly about the national security, one, and is not to be taken lightly. But clerk will call the roll. economic security, and environmental today the path forward is clearer than The assistant legislative clerk pro- security implications of the energy de- it has been in some time. Not only is ceeded to call the roll. bate that we are holding. The con- the need for improved efficiency evi- Mr. REID. Mr. President, I ask unan- verging and growing risks of our over- dent, but we have the technological imous consent that the order for the quorum call be rescinded. dependence on foreign oil are well un- know-how to make these changes to The PRESIDING OFFICER (Mr. derstood among Americans, who see our vehicle-fleet in a safe and cost-ef- CASEY). Without objection, it is so or- fective manner. the impacts of our failed energy policy dered. on a daily basis. The bill before us raises the CAFE Mr. REID. First of all, Mr. President, At the gas station, consumers see standards for cars and light trucks to the distinguished Republican leader prices spike at OPEC’s whim or with 35 mpg by 2020. This is a reasonable and and I apologize to everyone. the threat of supply disruptions in appropriate goal for efficiency. The bill However, I ask unanimous consent countries like Venezuela or Nigeria. In also gives manufacturers tremendous that at 11 p.m. tonight the substitute their businesses, Americans feel the flexibility to meet the standards. The amendment be agreed to; the bill be pain of soaring oil prices—fuel prices National Highway Traffic Safety Ad- read a third time, and the Senate vote for farmers are so high that some do ministration, NHTSA, will have the on cloture on H.R. 6; that if cloture is not know if they will be able to com- ability to set a national fleet-wide av- invoked, the Senate vote immediately plete the harvest in the fall. And in erage fuel economy standard of 35 mpg on passage of the bill with the pre- their land, air, and natural sur- by 2020 that will be tailored to the ceding all occurring without any inter- roundings, Americans are beginning to weight, size, type of use and towing ca- vening action or debate; further, that understand the impacts that global pabilities of each car type. Under this the cloture vote on the motion to pro- warming could have over the coming flexible system, the standards for light ceed to H.R. 800 occur at 11:30 a.m. on decades. trucks will likely be significantly Tuesday, June 26; that if cloture is in- This week we have already made sig- lower than the standards for passenger voked, the motion be agreed to and the nificant progress in our quest to reduce cars, and standards will vary for pas- Senate vote immediately on cloture on our dependence on foreign oil. Not only senger cars: smaller cars will have the motion to proceed to S. 1639, the is the underlying bill an important higher standards than larger cars. immigration bill; that if cloture is in- step forward, but we have passed sev- The bill also includes an important voked, the motion be agreed to; and eral amendments that strengthen the exemption for work-trucks between further that if cloture is invoked on S. foundations of a new, clean energy 8,500 and 10,000 pounds—these are the 1639, it be in order upon the disposition economy for the United States. trucks that are essential to the daily of all postcloture debate time there be

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8206 CONGRESSIONAL RECORD — SENATE June 21, 2007 20 minutes equally divided for debate prior to going to conference. What he is On page 180, line 11, strike ‘‘the compres- only on a motion to waive the Budget suggesting here is, in fact, the case, sion’’ and insert ‘‘advanced compression’’. Act in response to a budget point of which is that rather than simply going On page 180, line 18, strike ‘‘and’’. Beginning on page 180, strike line 19 and order against the bill made by Senator to conference without any discussion of all that follows through page 181, line 9, and JEFF SESSIONS or his designee; further, what might come out of conference, insert the following: that on Wednesday, if the Senate is the matter could be discussed in some ‘‘(v) research and development of new and considering the immigration bill, Sen- detail before we go to conference. I improved technologies for— ator SESSIONS be recognized for debate know that is what my good friend, the ‘‘(I) carbon use, including recycling and only for up to 2 hours. majority leader, was talking about. reuse of carbon dioxide; and The PRESIDING OFFICER. Is there Our concern, of course, was that Sen- ‘‘(II) the containment of carbon dioxide in objection? ator CONRAD said, right here on the the form of solid materials or products de- rived from a gasification technology that Mr. DEMINT. Reserving the right to floor of the Senate tonight—I won’t read it word for word, but these are di- does not involve geologic containment or in- object. jection; and The PRESIDING OFFICER. The Sen- rect quotes from the floor of the Sen- ‘‘(vi) research and development of new and ator from South Carolina. ate tonight—that was the game plan, improved technologies for oxygen separation Mr. DEMINT. I would just like a few to simply put the tax component, from air. minutes to look at the language. which was defeated earlier today, back On page 181, line 10, strike ‘‘(3)’’ and insert Mr. REID. I renew my consent re- in the measure. That created a consid- ‘‘(2)’’. quest. erable amount of angst on this side of On page 182, line 2, strike ‘‘and’’. the aisle for obvious reasons. There On page182, line 4, strike the period and in- The PRESIDING OFFICER. Is there sert ‘‘; and’’. objection? Without objection, it is so was substantial opposition to this mas- On page 182, between lines 4 and 5, insert ordered. sive tax increase which would have the following: Mr. REID. Mr. President, I suggest been added to the bill. ‘‘(vii) coal-bed methane recovery. the absence of a quorum. So we will have a lengthy discussion On page 183, line 8, strike ‘‘(4)’’ and insert The PRESIDING OFFICER (Mr. before going to conference. Let me just ‘‘(3)’’. On page 183, line 12, insert ‘‘involving at TESTER). The clerk will call the roll. say, as one of the States that does not find much to applaud in the bill in any least 1,000,000 tons of carbon dioxide per The legislative clerk proceeded to year’’ after ‘‘tests’’. call the roll. event, there are ample reasons for vot- On page 183, line 14, insert ‘‘collect and’’ The PRESIDING OFFICER. The ma- ing against cloture. I certainly am before ‘‘validate’’. jority leader is recognized. going to vote against cloture and On page 184, line 1, strike ‘‘(5)’’ and insert Mr. REID. Mr. President, I ask unan- would hope that a number of our col- ‘‘(4)’’. imous consent that the order for the leagues, sufficient to deny cloture, On page 184, line 7, strike ‘‘(6)’’ and insert quorum call be rescinded. would have a similar vote. ‘‘(5)’’. The PRESIDING OFFICER. The ma- On page 184, line 11, strike ‘‘(7)’’ and insert The PRESIDING OFFICER. Without ‘‘(6)’’. objection, it is so ordered. jority leader. Mr. REID. Mr. President, I say to my On page 186, strike lines 18 through 20 and Mr. REID. Mr. President, I have spo- insert the following: ken to my colleagues on the other side friend the Republican leader, I hope we (6) the work done to develop the Carbon of the aisle, and they are concerned would proceed on the basis—I gave a Sequestration Atlas of the United States and about some ability to get in conference little speech here earlier today, after Canada that was completed by the Depart- the cloture motion; that is, the tax as- cloture was invoked, talking about a ment of Energy. On page 189, strike lines 14 through 18 and pects of the Energy bill that was de- new day having arrived. I hope people would vote the way they have in the insert the following: feated. It is not part of this matter we (A) IN GENERAL.—On completion of the as- are working on now. As I told my past on this issue earlier today. It would be a real bad day for this Con- sessment, the Secretary of Energy and the friend, the distinguished Republican Secretary of the Interior shall incorporate gress now, after the progress we have leader, if he could figure out a way to the results of the assessment using— made, not to pass this bill. do it, he should let me know. I want ev- (i) the NatCarb database, to the maximum The PRESIDING OFFICER. The Sen- extent practicable; or eryone to cool their jets. The Repub- ator from New Mexico. lican leader and I have had a pretty (ii) a new database developed by the Sec- AMENDMENTS NOS. 1639; 1677; 1798; 1698; 1568, AS retary of Energy, as the Secretary of Energy good agreement on matters that pass MODIFIED; 1569; 1597, AS MODIFIED; 1624; 1764, AS determines to be necessary. this body, as to what goes to con- MODIFIED; 1799; 1602; 1660; 1513, AS MODIFIED; On page 190, line 25, strike ‘‘or’’. ference. 1683; 1729, AS MODIFIED; 1675; 1687, AS MODIFIED; On page 191, line 2, strike the period and Now, we have preconferenced—we 1688; 1689; 1525, AS MODIFIED; 1567, AS MODIFIED; insert ‘‘; or’’. don’t need to run through the things 1717; 1710; 1759, AS MODIFIED; 1797, AS MODIFIED; On page 191, between lines 2 and 3, insert we have preconferenced, but I think 1702; 1706, AS MODIFIED; 1595, AS MODIFIED; 1676, the following: the Republican leader will tell every- AS MODIFIED; 1679, AS MODIFIED; 1615, AS MODI- (G) manufacture biofuels. On page 191, strike lines 10 through 15 and one here that I have been on the level FIED; 1520, AS MODIFIED; 1700, AS MODIFIED; AND 1724, EN BLOC insert the following: with him, and I intend to be on this Mr. BINGAMAN. Mr. President, I ask (2) SCOPE OF AWARD.—An award under this matter. So if anyone is concerned unanimous consent that it be in order section shall be only for the portion of the about some trick to put this energy tax project that— to consider en bloc the list of cleared package in the bill in conference, they (A) carries out the large-scale capture (in- amendments at the desk that have need to tell me how to do it because I cluding purification and compression) of car- been approved by Senator DOMENICI don’t know how. It takes three cloture bon dioxide; and his staff and myself and my staff, votes for me to get to conference. I (B) provides for the cost of transportation that they be considered and agreed to and injection of carbon dioxide; and have been through that. They are pro- en bloc, and that the motions to recon- (C) incorporates a comprehensive measure- cedural votes. Although I wish I had sider be laid upon the table en bloc. ment, monitoring, and validation program. the magic wand to tell a lot of you how Mr. DOMENICI. Mr. President, we On page 192, line 7, insert ‘‘carbon dioxide to vote on the procedural votes, I have reviewed the amendments and by volume’’ after ‘‘95 percent’’. haven’t been too successful so far. cleared them on our side. We have no AMENDMENT NO. 1677 So everyone just relax on that issue. objection. On page 7, line 11, insert ‘‘(including land- I don’t know what more I can say. I The PRESIDING OFFICER. Without fill gas and sewage waste treatment gas)’’ have told the Republican leader person- objection, it is so ordered. after ‘‘biogas’’. ally about that. That is how I feel. The amendments were agreed to, as On page 7, strike lines 13 through 16 and in- sert the following: The PRESIDING OFFICER. The Re- follows: publican leader. biomass; AMENDMENT NO. 1639 (vi) butanol or other alcohols produced Mr. MCCONNELL. Mr. President, (Purpose: To make certain technical edits to through the conversion of organic matter what I assume my good friend, the ma- title III) from renewable biomass; and jority leader, is talking about is that On page 180, line 7, insert ‘‘and storage’’ be- (vii) other fuel derived from cellulosic bio- there are three filibusterable motions fore ‘‘of carbon’’. mass.

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8207 On page 9, line 13, strike ‘‘, boiler fuel,’’. evant points of view (including representa- years after the date of issuance of a final On page 9, line 20, strike ‘‘, boiler,’’. tives of manufacturers of covered products, rule establishing or amending a standard or On page 10, lines 17 and 18, strike ‘‘motor States, and efficiency advocates), as deter- determining not to amend a standard, pub- vehicle fuel, home heating oil, and boiler mined by the Secretary, and contains rec- lish a final rule to determine whether stand- fuel’’ and insert ‘‘motor vehicle fuel and ommendations with respect to an energy or ards for the product should or should not be home heating oil’’. water conservation standard— amended based on the criteria in subsection On page 11, line 11, strike ‘‘built’’ and in- ‘‘(i) if the Secretary determines that the (n)(2). sert ‘‘that commence operations’’. recommended standard contained in the ‘‘(2) ANALYSIS.—Prior to publication of the On page 44, lines 4 and 5, strike ‘‘local bio- statement is in accordance with subsection determination, the Secretary shall publish a refineries’’ and insert ‘‘local biorefineries, (o) or section 342(a)(6)(B), as applicable, the notice of availability describing the analysis including by portable processing equip- Secretary may issue a final rule that estab- of the Department and provide opportunity ment’’. lishes an energy or water conservation for written comment. On page 44, lines 13 and 14, strike ‘‘local standard and is published simultaneously ‘‘(3) FINAL RULE.—Not later than 3 years biorefineries’’ and insert ‘‘local biorefineries, with a notice of proposed rulemaking that after a positive determination under para- including by portable processing equip- proposes a new or amended energy or water graph (1), the Secretary shall publish a final ment’’. conservation standard that is identical to rule amending the standard for the prod- On page 47, strike lines 9 through 15 and in- the standard established in the final rule to uct.’’; and sert the following: establish the recommended standard (re- (3) in paragraph (4) (as so designated), by (1) QUALITY REGULATIONS.—Not later than ferred to in this paragraph as a ‘direct final striking ‘‘(4) An’’ and inserting the fol- 180 days after the date of enactment of this rule’); or lowing: Act, the President shall promulgate regula- ‘‘(ii) if the Secretary determines that a di- ‘‘(4) APPLICATION OF AMENDMENT.—An’’. tions to ensure that each diesel-equivalent rect final rule cannot be issued based on the (c) STANDARDS.—Section 342(a)(6) of the fuel derived from renewable biomass and in- statement, the Secretary shall publish a no- Energy Policy and Conservation Act (42 troduced into interstate commerce is tested tice of the determination, together with an U.S.C. 6313(a)(6)) is amended by striking and certified to comply with applicable explanation of the reasons for the determina- ‘‘(6)(A)(i)’’ and all that follows through the standards of the American Society for Test- tion. end of subparagraph (A) and inserting the ing and Materials. ‘‘(B) PUBLIC COMMENT.—The Secretary following: AMENDMENT NO. 1798 shall— ‘‘(6) AMENDED ENERGY EFFICIENCY STAND- ARDS.— Beginning on page 79, strike line 8 and all ‘‘(i) solicit public comment with respect to ‘‘(A) IN GENERAL.— that follows through page 80, line 4, and in- each direct final rule issued by the Secretary ‘‘(i) ANALYSIS OF POTENTIAL ENERGY SAV- sert the following: under subparagraph (A)(i); and INGS.—If ASHRAE/IES Standard 90.1 is ‘‘(6) ENERGY CONSERVATION STANDARD.— ‘‘(ii) publish a response to each comment amended with respect to any small commer- ‘‘(A) IN GENERAL.—The term ‘energy con- so received. cial package air conditioning and heating servation standard’ means 1 or more per- ‘‘(C) WITHDRAWAL OF DIRECT FINAL RULES.— equipment, large commercial package air formance standards that— ‘‘(i) IN GENERAL.—Not later than 120 days conditioning and heating equipment, very ‘‘(i) for covered products (excluding clothes after the date on which a direct final rule large commercial package air conditioning washers, dishwashers, showerheads, faucets, issued under subparagraph (A)(i) is published and heating equipment, packaged terminal water closets, and urinals), prescribe a min- in the Federal Register, the Secretary shall air conditioners, packaged terminal heat imum level of energy efficiency or a max- withdraw the direct final rule if— pumps, warm-air furnaces, packaged boilers, imum quantity of energy use, determined in ‘‘(I) the Secretary receives 1 or more ad- storage water heaters, instantaneous water accordance with test procedures prescribed verse public comments relating to the direct heaters, or unfired hot water storage tanks, under section 323; final rule under subparagraph (B)(i); and not later than 180 days after the amendment ‘‘(ii) for showerheads, faucets, water clos- ‘‘(II) based on the complete rulemaking of the standard, the Secretary shall publish ets, and urinals, prescribe a minimum level record relating to the direct final rule, the in the Federal Register for public comment of water efficiency or a maximum quantity Secretary tentatively determines that the an analysis of the energy savings potential of water use, determined in accordance with adverse public comments are relevant under of amended energy efficiency standards. test procedures prescribed under section 323; subsection (o), section 342(a)(6)(B), or any ‘‘(ii) AMENDED UNIFORM NATIONAL STANDARD and other applicable law. FOR PRODUCTS.— ‘‘(iii) for clothes washers and dish- ‘‘(ii) ACTION ON WITHDRAWAL.—On with- ‘‘(I) IN GENERAL.—Except as provided in washers— drawal of a direct final rule under clause (i), subclause (II), not later than 18 months after ‘‘(I) prescribe a minimum level of energy the Secretary shall— the date of publication of the amendment to efficiency or a maximum quantity of energy ‘‘(I) proceed with the notice of proposed the ASHRAE/IES Standard 90.1 for a product use, determined in accordance with test pro- rulemaking published simultaneously with described in clause (i), the Secretary shall cedures prescribed under section 323; and the direct final rule as described in subpara- establish an amended uniform national ‘‘(II) may include a minimum level of graph (A)(i); and standard for the product at the minimum water efficiency or a maximum quantity of ‘‘(II) publish in the Federal Register the level specified in the amended ASHRAE/IES water use, determined in accordance with reasons why the direct final rule was with- Standard 90.1. those test procedures. drawn. ‘‘(II) MORE STRINGENT STANDARD.—Sub- ‘‘(B) INCLUSIONS.—The term ‘energy con- ‘‘(iii) TREATMENT OF WITHDRAWN DIRECT clause (I) shall not apply if the Secretary de- servation standard’ includes— FINAL RULES.—A direct final rule that is termines, by rule published in the Federal ‘‘(i) 1 or more design requirements, if the withdrawn under clause (i) shall not be con- Register, and supported by clear and con- requirements were established— sidered to be a final rule for purposes of sub- vincing evidence, that adoption of a uniform ‘‘(I) on or before the date of enactment of section (o). national standard more stringent than the this subclause; or ‘‘(D) EFFECT OF PARAGRAPH.—Nothing in amended ASHRAE/IES Standard 90.1 for the ‘‘(II) as part of a consensus agreement this paragraph authorizes the Secretary to product would result in significant addi- under section 325(hh); and issue a direct final rule based solely on re- tional conservation of energy and is techno- ‘‘(ii) any other requirements that the Sec- ceipt of more than 1 statement containing logically feasible and economically justified. retary may prescribe under section 325(r). recommended standards relating to the di- ‘‘(iii) RULE.—If the Secretary makes a de- ‘‘(C) EXCLUSION.—The term ‘energy con- rect final rule.’’. ONFORMING AMENDMENT.—Section termination described in clause (ii)(II) for a servation standard’ does not include a per- (b) C 345(b)(1) of the Energy Policy and Conserva- product described in clause (i), not later than formance standard for a component of a fin- tion Act (42 U.S.C. 6316(b)(1)) is amended in 30 months after the date of publication of the ished covered product, unless regulation of the first sentence by inserting ‘‘section amendment to the ASHRAE/IES Standard the component is authorized or established 325(p)(5),’’ after ‘‘The provisions of’’. 90.1 for the product, the Secretary shall issue pursuant to this title.’’. Beginning on page 91, strike line 20 and all the rule establishing the amended stand- Beginning on page 87, strike line 16 and all that follows through page 95, line 25, and in- that follows through page 90, line 25, and in- ard.’’. sert the following: Beginning on page 96, strike line 22 and all sert the following: (b) ENERGY CONSERVATION STANDARDS.— that follows through page 98, line 13, and in- SEC. 224. EXPEDITED RULEMAKINGS. Section 325(m) of the Energy Policy and Con- sert the following: (a) PROCEDURE FOR PRESCRIBING NEW OR servation Act (42 U.S.C. 6295(m)) is amend- SEC. 226. ENERGY EFFICIENCY LABELING FOR AMENDED STANDARDS.—Section 325(p) of the ed— CONSUMER ELECTRONIC PROD- Energy Policy and Conservation Act (42 (1) by designating the first and second sen- UCTS. U.S.C. 6295(p)) is amended by adding at the tences as paragraphs (1) and (4), respectively; (a) IN GENERAL.—Section 324(a) of the En- end the following: (2) by striking paragraph (1) (as so des- ergy Policy and Conservation Act (42 U.S.C. ‘‘(5) DIRECT FINAL RULES.— ignated) and inserting the following: 6294(a)) is amended— ‘‘(A) IN GENERAL.—On receipt of a state- ‘‘(1) IN GENERAL.—After issuance of the last (1) in paragraph (2), by adding at the end ment that is submitted jointly by interested final rules required for a product under this the following: persons that are fairly representative of rel- part, the Secretary shall, not later than 5 ‘‘(H) LABELING REQUIREMENTS.—

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‘‘(i) IN GENERAL.—Subject to clauses (ii) On page 107, line 3, strike ‘‘2012’’ and insert (1) ADMINISTRATOR.—The term ‘‘Adminis- through (iv), not later than 18 months after ‘‘2015’’. trator’’ means the Administrator of the En- the date of issuance of applicable Depart- On page 147, line 20, strike ‘‘from a public ergy Information Administration. ment of Energy testing procedures, the Com- utility service’’. (2) PLANNED REFINERY OUTAGE.— mission, in consultation with the Secretary On page 166, line 15, insert ‘‘, Indian trib- (A) IN GENERAL.—The term ‘‘planned refin- and the Administrator of the Environmental al,’’ after ‘‘State’’. ery outage’’ means a removal, scheduled be- Protection Agency (acting through the En- On page 166, line 18, insert ‘‘of Indian tribes fore the date on which the removal occurs, of ergy Star program), shall, by regulation, or’’ after ‘‘activities’’. a refinery, or any unit of a refinery, from promulgate labeling or other disclosure re- On page 166, line 21, insert ‘‘, Indian service for maintenance, repair, or modifica- quirements for the energy use of— tribes,’’ after ‘‘States’’. tion. ‘‘(I) televisions; On page 167, line 12, insert ‘‘, INDIAN (B) EXCLUSION.—The term ‘‘planned refin- ‘‘(II) personal computers; TRIBES,’’ after ‘‘STATES’’. ery outage’’ does not include any necessary ‘‘(III) cable or satellite set-top boxes; On page 167, line 17, strike ‘‘70’’ and insert and unplanned removal of a refinery, or any ‘‘(IV) stand-alone digital video recorder ‘‘68’’. unit of a refinery, from service as a result of boxes; and On page 167, line 18, strike ‘‘and’’. a component failure, safety hazard, emer- ‘‘(V) personal computer monitors. On page 167, line 19, strike ‘‘30’’ and insert gency, or action reasonably anticipated to be ‘‘(ii) ALTERNATE TESTING PROCEDURES.—In ‘‘28’’. necessary to prevent such events. the absence of applicable testing procedures On page 167, line 19, strike the period and (3) REFINED PETROLEUM PRODUCT.—The described in clause (i) for products described insert ‘‘; and’’. term ‘‘refined petroleum product’’ means in subclauses (I) through (V) of that clause, On page 167, between lines 19 and 20, insert any gasoline, diesel fuel, fuel oil, lubricating the Commission may by regulation promul- the following: oil, liquid petroleum gas, or other petroleum gate labeling requirements for a consumer ‘‘(iii) 4 percent to Indian tribes. distillate that is produced through the refin- product category described in clause (i) if On page 169, between lines 11 and 12, insert ing or processing of crude oil or an oil de- the Commission— the following: rived from tar sands, shale, or coal. ‘‘(I) identifies adequate non-Department of ‘‘(D) DISTRIBUTION TO INDIAN TRIBES.— (4) REFINERY.—The term ‘‘refinery’’ means Energy testing procedures for those prod- ‘‘(i) IN GENERAL.—The Secretary shall es- a facility used in the production of a refined ucts; and tablish a formula for the distribution of petroleum product through distillation, ‘‘(II) determines that labeling of those amounts under subparagraph (A)(iii) to eligi- cracking, or any other process. products is likely to assist consumers in ble Indian tribes, taking into account any (5) SECRETARY.—The term ‘‘Secretary’’ making purchasing decisions. factors that the Secretary determines to be means the Secretary of Energy. ‘‘(iii) DEADLINE AND REQUIREMENTS FOR LA- appropriate, including the residential and (b) REVIEW AND ANALYSIS OF AVAILABLE IN- BELING.— daytime population of the eligible Indian FORMATION.—The Administrator shall, on an ‘‘(I) DEADLINE.—Not later than 18 months tribes. ongoing basis— after the date of promulgation of any re- ‘‘(ii) CRITERIA.—Amounts shall be distrib- (1) review information on planned refinery quirements under clause (i) or (ii), the Com- uted to eligible Indian tribes under clause (i) outages that is available from commercial mission shall require labeling of electronic only if the eligible Indian tribes meet the reporting services; products described in clause (i). criteria for distribution established by the (2) analyze that information to determine ‘‘(II) REQUIREMENTS.—The requirements Secretary for Indian tribes. whether the scheduling of a planned refinery promulgated under clause (i) or (ii) may in- On page 170, line 1, strike ‘‘(B)(ii) or outage may nationally or regionally affect clude specific requirements for each elec- (C)(ii)’’ and insert ‘‘(B)(ii), (C)(ii), or (D)(ii)’’. the price or supply of any refined petroleum tronic product to be labeled with respect to On page 170, lines 10 and 11, strike ‘‘(B)(ii) product by— the placement, size, and content of Energy or (C)(ii)’’ and insert ‘‘(B)(ii), (C)(ii), or (A) decreasing the production of the re- Guide labels. (D)(ii)’’. fined petroleum product; and ‘‘(iv) DETERMINATION OF FEASIBILITY.— On page 171, line 7, insert ‘‘tribal,’’ after (B) causing or contributing to a retail or Clause (i) or (ii) shall not apply in any case ‘‘State,’’. wholesale supply shortage or disruption; in which the Commission determines that la- On page 171, line 20, insert ‘‘, Indian (3) not less frequently than twice each beling in accordance with this subsection— tribes,’’ after ‘‘States’’. year, submit to the Secretary a report de- ‘‘(I) is not technologically or economically On page 171, line 24, insert ‘‘Indian tribe,’’ scribing the results of the review and anal- feasible; or after ‘‘State,’’. ysis under paragraphs (1) and (2); and ‘‘(II) is not likely to assist consumers in AMENDMENT NO. 1698 (4) specifically alert the Secretary of any planned refinery outage that the Adminis- making purchasing decisions.’’; and (Purpose: To modify the definition of trator determines may nationally or region- (2) by adding at the end the following: renewable biomass) ‘‘(6) AUTHORITY TO INCLUDE ADDITIONAL ally affect the price or supply of a refined pe- In section 102(4), strike subparagraph (A) PRODUCT CATEGORIES.—The Commission may troleum product. require labeling in accordance with this sub- and insert the following: (c) ACTION BY SECRETARY.—On a deter- section for any consumer product not speci- (A) nonmerchantable materials or mination by the Secretary, based on a report fied in this subsection or section 322 if the precommercial thinnings that— or alert under paragraph (3) or (4) of sub- Commission determines that labeling for the (i) are byproducts of preventive treat- section (b), that a planned refinery outage product is likely to assist consumers in mak- ments, such as trees, wood, brush, thinnings, may affect the price or supply of a refined ing purchasing decisions.’’. chips, and slash, that are removed— petroleum product, the Secretary shall make (b) CONTENT OF LABEL.—Section 324(c) of (I) to reduce hazardous fuels; available to refinery operators information the Energy Policy and Conservation Act (42 (II) to reduce or contain disease or insect on planned refinery outages to encourage re- U.S.C. 6924(c)) is amended by adding at the infestation; or ductions of the quantity of refinery capacity end the following: (III) to restore forest health; that is out of service at any time. ‘‘(9) DISCRETIONARY APPLICATION.—The (ii) would not otherwise be used for higher- (d) LIMITATION.—Nothing in this section Commission may apply paragraphs (1), (2), value products; and shall alter any existing legal obligation or (3), (5), and (6) of this subsection to the label- (iii) are harvested from National Forest responsibility of a refinery operator, or cre- ing of any product covered by paragraph System land or public land (as defined in sec- ate any legal right of action, nor shall this (2)(H) or (6) of subsection (a).’’. tion 103 of the Federal Land Policy and Man- section authorize the Secretary— On page 157, line 5, strike ‘‘and if’’ and in- agement Act of 1976 (43 U.S.C. 1702))— (1) to prohibit a refinery operator from sert the following: ‘‘the Secretary of Housing (I) where permitted by law; and conducting a planned refinery outage; or and Urban Development or the Secretary of (II) in accordance with— (2) to require a refinery operator to con- Agriculture make a determination that the (aa) applicable land management plans; tinue to operate a refinery. revised codes do not negatively affect the and AMENDMENT NO. 1569 availability or affordability of new construc- (bb) the requirements for old-growth main- (Purpose: To provide an alternate sulfur di- tion of assisted housing and single family tenance, restoration, and management direc- oxide removal measurement for certain and multifamily residential housing (other tion of paragraphs (2), (3), and (4) of sub- coal gasification project goals) than manufactured homes) subject to mort- section (e) and the requirements for large- gages insured under the National Housing tree retention of subsection (f) of section 102 At the appropriate place, insert the fol- Act (12 U.S.C. 1701 et seq.) or insured, guar- of the Healthy Forests Restoration Act of lowing: anteed, or made by the Secretary of Agri- 2003 (16 U.S.C. 6512); or SEC. lll. TECHNICAL CRITERIA FOR CLEAN culture under title V of the Housing Act of COAL POWER INITIATIVE. AMENDMENT NO. 1568, AS MODIFIED 1949 (42 U.S.C. 1471 et seq.), respectively, Section 402(b)(1)(B)(ii) of the Energy Policy and’’. At the appropriate place, insert the fol- Act of 2005 (42 U.S.C. 15962(b)(1)(B)(ii)) is On page 106, line 23, strike ‘‘2012’’ and insert lowing: amended by striking subclause (I) and insert- ‘‘2015’’. SEC. lll. COORDINATION OF PLANNED REFIN- ing the following: On page 106, line 24, strike ‘‘2012’’ and in- ERY OUTAGES. ‘‘(I)(aa) to remove at least 99 percent of sert ‘‘2015’’. (a) DEFINITIONS.—In this section: sulfur dioxide; or

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‘‘(bb) to emit not more than 0.04 pound SO2 Committee on Transportation and Infra- committees of Congress a report that ad- per million Btu, based on a 30-day average;’’. structure and the Committee on Energy and dresses— AMENDMENT NO. 1597, AS MODIFIED Commerce of the House of Representatives a (1) the potential environmental impacts of report that describes the results of the study hydrokinetic renewable energy technologies On page 22, strike lines 1 through 17. conducted under subsection (a). in free-flowing water in rivers, lakes, and Beginning on page 56, line 17, strike streams; through line 4 of page 59. AMENDMENT NO. 1624 (2) the means by which to minimize or pre- On page 277, between lines 5 and 6, insert (Purpose: To expand the scope of the applied vent any adverse environmental impacts; the following: research program on energy storage sys- tems to include flow batteries) (3) the potential role of monitoring and SEC. ———. STUDY OF THE ADEQUACY OF TRANS- adaptive management in addressing any ad- PORTATION OF DOMESTICALLY-PRO- On page 127, line 5, insert ‘‘(including flow verse environmental impacts; and DUCED RENEWABLE FUEL BY RAIL- batteries)’’ after ‘‘batteries’’. ROADS AND OTHER MODES OF (4) the necessary components of such an AMENDMENT NO 1764 AS MODIFIED TRANSPORTATION. . , adaptive management program. (a) STUDY.— At the end of title II, add the following: (c) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—The Secretary of Trans- Subtitle G—Marine and Hydrokinetic There are authorized to be appropriated to portation and the Secretary of Energy shall Renewable Energy Promotion the Secretary to carry out this section $50,000,000 for each of the fiscal years 2008 jointly conduct a study of the adequacy of SEC. 281. DEFINITION OF MARINE AND transportation of domestically-produced re- HYDROKINETIC RENEWABLE EN- through 2017. newable fuels by railroad and other modes of ERGY. SEC. 283. NATIONAL OCEAN ENERGY RESEARCH transportation as designated by the Secre- (a) IN GENERAL.—In this subtitle, the term CENTERS. taries. ‘‘marine and hydrokinetic renewable en- (a) IN GENERAL.—Subject to the avail- (2) COMPONENTS.—In conducting the study ergy’’ means electrical energy from— ability of appropriations under subsection under paragraph (1), the Secretaries shall— (1) waves, tides, and currents in oceans, es- (e), the Secretary shall establish not less (A) consider the adequacy of existing rail- tuaries, and tidal areas; than 1, and not more than 6, national ocean road and other transportation infrastruc- (2) free flowing water in rivers, lakes, and energy research centers at institutions of ture, equipment, service and capacity to streams; higher education for the purpose of con- move the necessary quantities of domesti- (3) free flowing water in man-made chan- ducting research, development, demonstra- cally-produced renewable fuel within the nels, including projects that utilize non- tion, and testing of ocean energy tech- timeframes required by section 111; mechanical structures to accelerate the flow nologies and associated equipment. (B)(i) consider the projected costs of mov- of water for electric power production pur- (b) EVALUATIONS.—Each Center shall (in ing the domestically-produced renewable poses; and consultation with developers, utilities, and fuel by railroad and other modes transpor- (4) differentials in ocean temperature manufacturers) conduct evaluations of tech- tation; and (ocean thermal energy conversion). nologies and equipment described in sub- (ii) consider the impact of the projected (b) EXCLUSION.—Except as provided in sub- section (a). costs on the marketability of the domesti- section (a)(3), the term ‘‘marine and (c) LOCATION.—In establishing centers cally-produced renewable fuel; hydrokinetic renewable energy’’ does not in- under this section, the Secretary shall locate (C) identify current and potential impedi- clude energy from any source that uses a the centers in coastal regions of the United ments to the reliable transportation of ade- dam, diversionary structure, or impound- State in a manner that, to the maximum ex- quate supplies of domestically-produced re- ment for electric power purposes. tent practicable, is geographically dispersed. (d) COORDINATION.—Prior to carrying out newable fuel at reasonable prices, including SEC. 282. RESEARCH AND DEVELOPMENT. any activity under this section in waters practices currently utilized by domestic pro- (a) PROGRAM.—The Secretary, in consulta- subject to the juridiction of the United ducers, shippers, and receivers of renewable tion with the Secretary of Commerce and the States, the Secretary shall identify, in con- fuels; Secretary of the Interior, shall establish a junction with the Secretary of Commerce (D) consider whether inadequate competi- program of marine and hydrokinetic renew- and the Secretary of the Interior, the poten- tion exists within and between modes of able energy research, including— tial environmental impacts of such activity transportation for the transportation of do- (1) developing and demonstrating marine and measures to minimize or prevent adverse mestically-produced renewable fuel and, if and hydrokinetic renewable energy tech- impacts. such inadequate competition exists, whether nologies; (e) AUTHORIZATION OF APPROPRIATIONS.— such inadequate competition leads to an un- (2) reducing the manufacturing and oper- There are authorized to be appropriated such fair price for the transportation of domesti- ation costs of marine and hydrokinetic re- sums as are necessary to carry out this sec- cally-produced renewable fuel or unaccept- newable energy technologies; tion. able service for transportation of domesti- (3) increasing the reliability and surviv- cally-produced renewable fuel; ability of marine and hydrokinetic renew- AMENDMENT NO. 1799 (E) consider whether Federal agencies have able energy facilities; (Purpose: To reduce emissions of carbon adequate legal authority to address in- (4) integrating marine and hydrokinetic re- dioxide from the Capitol power plant) stances of inadequate competition when in- newable energy into electric grids; On page 192, after line 21, add the fol- adequate competition is found to prevent do- (5) identifying opportunities for cross fer- lowing: mestic producers for renewable fuels from tilization and development of economies of SEC. 305. CAPITOL POWER PLANT CARBON DIOX- obtaining a fair and reasonable transpor- scale between offshore wind and marine and IDE EMISSIONS DEMONSTRATION tation price or acceptable service for the hydrokinetic renewable energy sources; PROGRAM. transportation of domestically-produced re- (6) identifying, in conjunction with the The first section of the Act of March 4, 1911 newable fuels; Secretary of Commerce and the Secretary of (2 U.S.C. 2162; 36 Stat. 1414, chapter 285), is (F) consider whether Federal agencies have the Interior, the potential environmental amended in the seventh undesignated para- adequate legal authority to address railroad impacts of marine and hydrokinetic renew- graph (relating to the Capitol power plant), and transportation service problems that able energy technologies and measures to under the heading ‘‘PUBLIC BUILDINGS’’, may be resulting in inadequate supplies of minimize or prevent adverse impacts, and under the heading ‘‘UNDER THE DEPARTMENT domestically-produced renewable fuel in any technologies and other means available for OF THE INTERIOR’’— area of the United States; monitoring and determining environmental (1) by striking ‘‘ninety thousand dollars:’’ (G) consider what transportation infra- impacts; and inserting ‘‘$90,000.’’; and structure capital expenditures may be nec- (7) identifying, in conjunction with the (2) by striking ‘‘Provided, That hereafter essary to ensure the reliable transportation Commandant of the United States Coast the’’ and all that follows through the end of of adequate supplies of domestically-pro- Guard, the potential navigational impacts of the proviso and inserting the following: duced renewable fuel at reasonable prices marine and hydrokinetic renewable energy ‘‘(a) DESIGNATION.—The heating, lighting, within the United States and which public technologies and measures to minimize or and power plant constructed under the terms and private entities should be responsible for prevent adverse impacts; of the Act approved April 28, 1904 (33 Stat. making such expenditures; and (8) standards development, demonstration, 479, chapter 1762), shall be known as the ‘Cap- (K) provide recommendations on ways to and technology transfer for advanced sys- itol power plant’, and all vacancies occurring facilitate the reliable transportation of ade- tems engineering and system integration in the force operating that plant and the quate supplies of domestically-produced re- methods to identify critical interfaces; and substations in connection with the plant newable fuel at reasonable prices. (9) providing public information and oppor- shall be filled by the Architect of the Cap- (b) REPORT.—Not later than 180 days after tunity for public comment concerning all itol, with the approval of the commission in the date of enactment of this Act, the Secre- technologies. control of the House Office Building ap- taries shall jointly submit to the Committee (b) REPORT.—Not later than 18 months pointed under the first section of the Act of on Commerce, Science and Transportation, after the date of enactment of this Act, the March 4, 1907 (2 U.S.C. 2001). the Committee on Energy and Natural Re- Secretary, in consultation with the Sec- ‘‘(b) CAPITOL POWER PLANT CARBON DIOXIDE sources, and the Committee on Environment retary of Commerce and the Secretary of the EMISSIONS DEMONSTRATION PROGRAM.— and Public Works of the Senate and the Interior, shall provide to the appropriate ‘‘(1) DEFINITIONS.—In this subsection:

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‘‘(A) ADMINISTRATOR.—The term ‘Adminis- amount equal to not more than $50,000, of (e) AUTHORIZATION OF APPROPRIATIONS.— trator’ means the Administrator of the Envi- which— There is authorized to be appropriated to ronmental Protection Agency. ‘‘(A) $15,000 shall be provided after the carry out this section $4,088,000 for each of ‘‘(B) CARBON DIOXIDE ENERGY EFFICIENCY.— project of the entity has sustained operation fiscal years 2008 through 2012, to remain The term ‘carbon dioxide energy efficiency’, for a period of 100 days, as determined by the available until expended. Architect of the Capitol; with respect to a project, means the quan- AMENDMENT NO. 1660 tity of electricity used to power equipment ‘‘(B) $15,000 shall be provided after the for carbon dioxide capture and storage or project of the entity has sustained operation (Purpose: To modify sections to provide for the use of geothermal heat pumps) use. for a period of 200 days, as determined by the ‘‘(C) PROGRAM.—The term ‘program’ means Architect of the Capitol; and Strike sections 402 through 404 and insert the competitive grant demonstration pro- ‘‘(C) $20,000 shall be provided after the the following: gram established under paragraph (2)(B). project of the entity has sustained operation SEC. 402. COST-EFFECTIVE AND GEOTHERMAL ‘‘(2) ESTABLISHMENT OF PROGRAM.— for a period of 300 days, as determined by the HEAT PUMP TECHNOLOGY ACCEL- ‘‘(A) FEASIBILITY STUDY.—Not later than Architect of the Capitol. ERATION PROGRAM. 180 days after the date of enactment of this ‘‘(5) TERMINATION.—The program shall ter- (a) DEFINITION OF ADMINISTRATOR.—In this section, the Architect of the Capitol, in co- minate on the date that is 2 years after the section, the term ‘‘Administrator’’ means operation with the Administrator, shall com- date of enactment of this subsection. the Administrator of General Services. ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— plete a feasibility study evaluating the (b) ESTABLISHMENT.— There is authorized to be appropriated to available methods to proceed with the (1) IN GENERAL.—The Administrator shall carry out the program $3,000,000.’’. project and program established under this establish a program to accelerate the use of section, taking into consideration— AMENDMENT NO. 1602 more cost-effective technologies and prac- ‘‘(i) the availability of carbon capture (Purpose: To provide transitional assistance tices and geothermal heat pumps at GSA fa- technologies; for farmers who plant dedicated energy cilities. ‘‘(ii) energy conservation and carbon re- crops for a local cellulosic refinery) (2) REQUIREMENTS.—The program estab- duction strategies; and At the appropriate place, insert the fol- lished under this subsection shall— ‘‘(iii) security of operations at the Capitol lowing: (A) ensure centralized responsibility for power plant. SEC. lll. TRANSITIONAL ASSISTANCE FOR the coordination of cost reduction-related ‘‘(B) COMPETITIVE GRANT PROGRAM.—The FARMERS WHO PLANT DEDICATED and geothermal heat pump-related rec- Architect of the Capitol, in cooperation with ENERGY CROPS FOR A LOCAL CEL- ommendations, practices, and activities of the Administrator, shall establish a competi- LULOSIC REFINERY. all relevant Federal agencies; (a) DEFINITIONS.—In this section: tive grant demonstration program under (B) provide technical assistance and oper- (1) CELLULOSIC CROP.—The term ‘‘cellulosic which the Architect of the Capitol shall, sub- ational guidance to applicable tenants to crop’’ means a tree or grass that is grown ject to the availability of appropriations, achieve the goal identified in subsection specifically— provide to eligible entities, as determined by (c)(2)(B)(ii); and (A) to provide raw materials (including the Architect of the Capitol, in cooperation (C) establish methods to track the success feedstocks) for conversion to liquid transpor- with the Administrator, grants to carry out of Federal departments and agencies with re- tation fuels or chemicals through bio- projects to demonstrate, during the 2-year spect to that goal. chemical or thermochemical processes; or period beginning on the date of enactment of (c) ACCELERATED USE OF TECHNOLOGIES.— (B) for energy generation through combus- this subsection, the capture and storage or (1) REVIEW.— tion, pyrolysis, or cofiring. use of carbon dioxide emitted from the Cap- (A) IN GENERAL.—As part of the program (2) CELLULOSIC REFINER.—The term ‘‘cellu- itol power plant as a result of burning coal. under this section, not later than 90 days losic refiner’’ means the owner or operator of ‘‘(3) REQUIREMENTS.— after the date of enactment of this Act, the a cellulosic refinery. ‘‘(A) PROVISION OF GRANTS.— Administrator shall conduct a review of— (3) CELLULOSIC REFINERY.—The term ‘‘cel- ‘‘(i) IN GENERAL.—The Architect of the Cap- (i) current use of cost-effective lighting lulosic refinery’’ means a refinery that proc- itol, in cooperation with the Administrator, technologies and geothermal heat pumps in esses a cellulosic crop. shall provide the grants under the program GSA facilities; and (4) QUALIFIED CELLULOSIC CROP.—The term on a competitive basis. (ii) the availability to managers of GSA fa- ‘‘qualified cellulosic crop’’ means, with re- ‘‘(ii) FACTORS FOR CONSIDERATION.—In pro- cilities of cost-effective lighting tech- spect to an agricultural producer, a cellu- viding grants under the program, the Archi- nologies and geothermal heat pumps. losic crop that is— tect of the Capitol, in cooperation with the (B) REQUIREMENTS.—The review under sub- (A) the subject of a contract or memo- Administrator, shall take into consider- paragraph (A) shall— randum of understanding between the pro- ation— (i) examine the use of cost-effective light- ducer and a cellulosic refiner, under which ‘‘(I) the practicability of conversion by the ing technologies, geothermal heat pumps, the producer is obligated to sell the crop to proposed project of carbon dioxide into use- and other cost-effective technologies and the cellulosic refiner by a certain date; and ful products, such as transportation fuel; practices by Federal agencies in GSA facili- (B) produced not more than 70 miles from ‘‘(II) the carbon dioxide energy efficiency ties; and a cellulosic refinery owned or operated by of the proposed project; and (ii) as prepared in consultation with the the cellulosic refiner. ‘‘(III) whether the proposed project is able Administrator of the Environmental Protec- (5) SECRETARY.—The term ‘‘Secretary’’ to reduce more than 1 air pollutant regu- tion Agency, identify cost-effective lighting means the Secretary of Agriculture. lated under this Act. technology and geothermal heat pump tech- (b) TRANSITIONAL ASSISTANCE PAYMENTS.— ‘‘(B) REQUIREMENTS FOR ENTITIES.—An enti- The Secretary shall make transitional as- nology standards that could be used for all ty that receives a grant under the program sistance payments to an agricultural pro- types of GSA facilities. shall— ducer during the first year in which the pro- (2) REPLACEMENT.— ‘‘(i) use to carry out the project of the en- ducer devotes land to the production of a (A) IN GENERAL.—As part of the program tity a technology designed to reduce or qualified cellulosic crop. under this section, not later than 180 days eliminate emission of carbon dioxide that is (c) AMOUNT OF PAYMENT.— after the date of enactment of this Act, the in existence on the date of enactment of this (1) DETERMINED BY FORMULA.—Subject to Administrator shall establish, using avail- subsection that has been used— paragraph (2), the Secretary shall devise a able appropriations, a cost-effective lighting ‘‘(I) by not less than 3 other facilities (in- formula to be used to calculate the amount technology and geothermal heat pump tech- cluding a coal-fired power plant); and of a payment to be made to an agricultural nology acceleration program to achieve max- ‘‘(II) on a scale of not less than 5 times the producer under this section, based on the op- imum feasible replacement of existing light- size of the proposed project of the entity at portunity cost (as determined in accordance ing, heating, cooling technologies with cost- the Capitol power plant; and with such standard as the Secretary may es- effective lighting technologies and geo- ‘‘(ii) carry out the project of the entity in tablish, taking into consideration land rent- thermal heat pump technologies in each GSA consultation with, and with the concurrence al rates and other applicable costs) incurred facility. of, the Architect of the Capitol and the Ad- by the producer during the first year in (B) ACCELERATION PLAN TIMETABLE.— ministrator. which the producer devotes land to the pro- (i) IN GENERAL.—To implement the pro- ‘‘(C) CONSISTENCY WITH CAPITOL POWER duction of the qualified cellulosic crop. gram established under subparagraph (A), PLANT MODIFICATIONS.—The Architect of the (2) LIMITATION.—The total of the amount not later than 1 year after the date of enact- Capitol may require changes to a project paid to a producer under this section shall ment of this Act, the Administrator shall es- under the program that are necessary to not exceed an amount equal to 25 percent of tablish a timetable, including milestones for carry out any modifications to be made to the amounts made available under sub- specific activities needed to replace existing the Capitol power plant. section (e) for the applicable fiscal year. lighting, heating, cooling technologies with ‘‘(4) INCENTIVE.—In addition to the grant (d) REGULATIONS.—The Secretary shall pro- cost-effective lighting technologies and geo- under this subsection, the Architect of the mulgate such regulations as the Secretary thermal heat pump technologies, to the max- Capitol may provide to an entity that re- determines to be necessary to carry out this imum extent feasible (including at the max- ceives such a grant an incentive award in an section. imum rate feasible), at each GSA facility.

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(ii) GOAL.—The goal of the timetable under mentation of each recommendation, de- the program, including findings, a summary clause (i) shall be to complete, using avail- scribed in subparagraphs (A) through (G). of total cost savings achieved, and rec- able appropriations, maximum feasible re- (e) AUTHORIZATION OF APPROPRIATIONS.— ommendations for further action. placement of existing lighting, heating, and There are authorized to be appropriated such (f) TERMINATION.—The program under this cooling technologies with cost-effective sums as are necessary to carry out this sec- section shall terminate on September 30, lighting technologies and geothermal heat tion, to remain available until expended. 2012. pump technologies by not later than the date SEC. 403. ENVIRONMENTAL PROTECTION AGEN- SEC. 404. DEFINITIONS. that is 5 years after the date of enactment of CY DEMONSTRATION GRANT PRO- In this subtitle: GRAM FOR LOCAL GOVERNMENTS. this Act. (1) COST-EFFECTIVE LIGHTING TECHNOLOGY.— (a) GRANT PROGRAM.— (d) GSA FACILITY TECHNOLOGIES AND PRAC- (A) IN GENERAL.—The term ‘‘cost-effective (1) IN GENERAL.—The Administrator of the TICES.—Not later than 180 days after the date Environmental Protection Agency (referred lighting technology’’ means a lighting tech- of enactment of this Act, and annually to in this section as the ‘‘Administrator’’) nology that— thereafter, the Administrator shall— shall establish a demonstration program (i) will result in substantial operational (1) ensure that a manager responsible for under which the Administrator shall provide cost savings by ensuring an installed con- accelerating the use of cost-effective tech- competitive grants to assist local govern- sumption of not more than 1 watt per square nologies and practices and geothermal heat ments (such as municipalities and counties), foot; or pump technologies is designated for each with respect to local government buildings— (ii) is contained in a list under— GSA facility; and (A) to deploy cost-effective technologies (I) section 553 of Public Law 95–619 (42 (2) submit to Congress a plan, to be imple- and practices; and U.S.C. 8259b); and mented to the maximum extent feasible (in- (B) to achieve operational cost savings, (II) Federal acquisition regulation 23–203. cluding at the maximum rate feasible) using through the application of cost-effective (B) INCLUSIONS.—The term ‘‘cost-effective available appropriations, by not later than technologies and practices, as verified by the lighting technology’’ includes— the date that is 5 years after the date of en- Administrator. (i) lamps; actment of this Act, that— (ii) ballasts; (2) COST SHARING.— (A) with respect to cost-effective tech- (iii) luminaires; (A) IN GENERAL.—The Federal share of the nologies and practices— cost of an activity carried out using a grant (iv) lighting controls; (i) identifies the specific activities needed provided under this section shall be 40 per- (v) daylighting; and to achieve a 20-percent reduction in oper- cent. (vi) early use of other highly cost-effective ational costs through the application of cost- lighting technologies. (B) WAIVER OF NON-FEDERAL SHARE.—The effective technologies and practices from Administrator may waive up to 100 percent (2) COST-EFFECTIVE TECHNOLOGIES AND 2003 levels at GSA facilities by not later than of the local share of the cost of any grant PRACTICES.—The term ‘‘cost-effective tech- 5 years after the date of enactment of this under this section should the Administrator nologies and practices’’ means a technology Act; determine that the community is economi- or practice that— (ii) describes activities required and car- cally distressed, pursuant to objective eco- (A) will result in substantial operational ried out to estimate the funds necessary to nomic criteria established by the Adminis- cost savings by reducing utility costs; and achieve the reduction described in clause (i); trator in published guidelines. (B) complies with the provisions of section (B) includes an estimate of the funds nec- 553 of Public Law 95–619 (42 U.S.C. 8259b) and (3) MAXIMUM AMOUNT.—The amount of a essary to carry out this section; grant provided under this subsection shall Federal acquisition regulation 23–203. (C) describes the status of the implementa- not exceed $1,000,000. (3) OPERATIONAL COST SAVINGS.— tion of cost-effective technologies and prac- (b) GUIDELINES.— (A) IN GENERAL.—The term ‘‘operational tices and geothermal heat pump tech- (1) IN GENERAL.—Not later than 1 year after cost savings’’ means a reduction in end-use nologies and practices at GSA facilities, in- the date of enactment of this Act, the Ad- operational costs through the application of cluding— ministrator shall issue guidelines to imple- cost-effective technologies and practices or (i) the extent to which programs, including ment the grant program established under geothermal heat pumps, including a reduc- the program established under subsection subsection (a). tion in electricity consumption relative to (b), are being carried out in accordance with (2) REQUIREMENTS.—The guidelines under consumption by the same customer or at the this subtitle; and paragraph (1) shall establish— same facility in a given year, as defined in (ii) the status of funding requests and ap- (A) standards for monitoring and guidelines promulgated by the Adminis- propriations for those programs; verification of operational cost savings trator pursuant to section 403(b), that (D) identifies within the planning, budg- through the application of cost-effective achieves cost savings sufficient to pay the eting, and construction processes, all types technologies and practices reported by incremental additional costs of using cost-ef- of GSA facility-related procedures that in- grantees under this section; fective technologies and practices or geo- hibit new and existing GSA facilities from (B) standards for grantees to implement thermal heat pumps by not later than— implementing cost-effective technologies or training programs, and to provide technical (i) for cost-effective technologies and prac- geothermal heat pump technologies; assistance and education, relating to the ret- tices, the date that is 5 years after the date (E) recommends language for uniform rofit of buildings using cost-effective tech- of installation; and standards for use by Federal agencies in im- nologies and practices; and (ii) for geothermal heat pumps, as soon as plementing cost-effective technologies and (C) a requirement that each local govern- practical after the date of installation of the practices and geothermal heat pump tech- ment that receives a grant under this section applicable geothermal heat pump. nologies and practices; shall achieve facility-wide cost savings, (B) INCLUSIONS.—The term ‘‘operational (F) in coordination with the Office of Man- through renovation of existing local govern- cost savings’’ includes savings achieved at a agement and Budget, reviews the budget ment buildings using cost-effective tech- facility as a result of— process for capital programs with respect to nologies and practices, of at least 40 percent (i) the installation or use of cost-effective alternatives for— as compared to the baseline operational technologies and practices; or (i) permitting Federal agencies to retain costs of the buildings before the renovation (ii) the planting of vegetation that shades all identified savings accrued as a result of (as calculated assuming a 3-year, weather- the facility and reduces the heating, cooling, the use of cost-effective technologies and normalized average). or lighting needs of the facility. geothermal heat pump technologies; and (c) COMPLIANCE WITH STATE AND LOCAL (C) EXCLUSION.—The term ‘‘operational (ii) identifying short- and long-term cost LAW.—Nothing in this section or any pro- cost savings’’ does not include savings from savings that accrue from the use of cost-ef- gram carried out using a grant provided measures that would likely be adopted in the fective technologies and practices and geo- under this section supersedes or otherwise absence of cost-effective technology and thermal heat pump technologies and prac- affects any State or local law, to the extent practices programs, as determined by the tices; that the State or local law contains a re- Administrator. (G)(i) with respect to geothermal heat quirement that is more stringent than the (4) GEOTHERMAL HEAT PUMP.—The term pump technologies, achieves substantial relevant requirement of this section. ‘‘geothermal heat pump’’ means any heating operational cost savings through the applica- (d) AUTHORIZATION OF APPROPRIATIONS.— or air conditioning technology that— tion of the technologies; and There is authorized to be appropriated to (A) uses the ground or ground water as a (ii) with respect to cost-effective tech- carry out this section $20,000,000 for each of thermal energy source to heat, or as a ther- nologies and practices, achieves cost savings fiscal years 2007 through 2012. mal energy sink to cool, a building; and through the application of cost-effective (e) REPORTS.— (B) meets the requirements of the Energy technologies and practices sufficient to pay (1) IN GENERAL.—The Administrator shall Star program of the Environmental Protec- the incremental additional costs of install- provide annual reports to Congress on cost tion Agency applicable to geothermal heat ing the cost-effective technologies and prac- savings achieved and actions taken and rec- pumps on the date of purchase of the tech- tices by not later than the date that is 5 ommendations made under this section, and nology. years after the date of installation; and any recommendations for further action. (5) GSA FACILITY.— (H) includes recommendations to address (2) FINAL REPORT.—The Administrator (A) IN GENERAL.—The term ‘‘GSA facility’’ each of the matters, and a plan for imple- shall issue a final report at the conclusion of means any building, structure, or facility, in

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8212 CONGRESSIONAL RECORD — SENATE June 21, 2007 whole or in part (including the associated nator, as delineated in the Alaska Natural Federal taxpayers liability risks for nuclear support systems of the building, structure, Gas Pipeline Act (15 U.S.C. 720 et seq.), as incidents at foreign installations; or facility) that— amended. (I) with respect to a Price-Anderson inci- (i) is constructed (including facilities con- ‘‘(B) AUTHORITY OF SECRETARY OF THE INTE- dent, funds already available under section structed for lease), renovated, or purchased, RIOR.—Subparagraph (A) shall not affect the 170 of the Atomic Energy Act of 1954 (42 in whole or in part, by the Administrator for authority of the Secretary of the Interior to U.S.C. 2210) should be used; and use by the Federal Government; or establish, change, and abolish reasonable fil- (J) with respect to a nuclear incident out- (ii) is leased, in whole or in part, by the ing and service fees, charges, and commis- side the United States not covered by section Administrator for use by the Federal Gov- sions, require deposits of payments, and pro- 170 of the Atomic Energy Act of 1954 (42 ernment— vide refunds under section 304 of the Federal U.S.C. 2210), a retrospective premium should (I) except as provided in subclause (II), for Land Policy and Management Act of 1976 (43 be prorated among nuclear suppliers relieved a term of not less than 5 years; or U.S.C. 1734). from potential liability for which insurance (II) for a term of less than 5 years, if the ‘‘(C) USE OF FUNDS.—The Federal Coordi- is not available. Administrator determines that use of cost- nator is authorized to use, without further (2) PURPOSE.—The purpose of this section effective technologies and practices would appropriation, amounts collected under sub- is to allocate the contingent costs associated result in the payback of expenses. paragraph (A) to carry out this section.’’. with participation by the United States in the international nuclear liability com- (B) INCLUSION.—The term ‘‘GSA facility’’ AMENDMENT NO. 1683 pensation system established by the Conven- includes any group of buildings, structures, (Purpose: To implement the Convention on or facilities described in subparagraph (A) tion on Supplementary Compensation for Supplementary Compensation for Nuclear Nuclear Damage, done at Vienna on Sep- (including the associated energy-consuming Damage) support systems of the buildings, structures, tember 12, 1997— At the end of title VII, add the following: and facilities). (A) with respect to a Price-Anderson inci- SEC. 7ll. CONVENTION ON SUPPLEMENTARY (C) EXEMPTION.—The Administrator may dent, by using funds made available under COMPENSATION FOR NUCLEAR DAM- exempt from the definition of ‘‘GSA facility’’ section 170 of the Atomic Energy Act of 1954 AGE CONTINGENT COST ALLOCA- (42 U.S.C. 2210) to cover the contingent costs under this paragraph a building, structure, TION. or facility that meets the requirements of in a manner that neither increases the bur- (a) FINDINGS AND PURPOSE.— dens nor decreases the benefits under section section 543(c) of Public Law 95–619 (42 U.S.C. (1) FINDINGS.—Congress finds that— 8253(c)). 170 of that Act; and (A) section 170 of the Atomic Energy Act of (B) with respect to a covered incident out- AMENDMENT NO. 1513, AS MODIFIED 1954 (42 U.S.C. 2210) (commonly known as the side the United States that is not a Price- At the appropriate place, insert the fol- ‘‘Price-Anderson Act’’)— Anderson incident, by allocating the contin- lowing: (i) provides a predictable legal framework gent costs equitably, on the basis of risk, SEC. lll. ADMINISTRATION. necessary for nuclear projects; and among the class of nuclear suppliers relieved Section 106 of the Alaska Natural Gas (ii) ensures prompt and equitable com- by the Convention from the risk of potential Pipeline Act (15 U.S.C. 720d) is amended by pensation in the event of a nuclear incident liability resulting from any covered incident adding at the end the following: in the United States; outside the United States. ‘‘(h) ADMINISTRATION.— (B) section 170 of that Act, in effect, pro- (b) DEFINITIONS.—In this section: ‘‘(1) PERSONNEL APPOINTMENTS.— vides operators of nuclear powerplants with (1) COMMISSION.—The term ‘‘Commission’’ ‘‘(A) IN GENERAL.—The Federal Coordinator insurance for damage arising out of a nu- means the Nuclear Regulatory Commission. may appoint and terminate such personnel clear incident and funds the insurance pri- (2) CONTINGENT COST.—The term ‘‘contin- as the Federal Coordinator determines to be marily through the assessment of a retro- gent cost’’ means the cost to the United appropriate. spective premium from each operator after States in the event of a covered incident the ‘‘(B) AUTHORITY OF FEDERAL COORDI- the occurrence of a nuclear incident; amount of which is equal to the amount of NATOR.—Personnel appointed by the Federal (C) the Convention on Supplementary funds the United States is obligated to make Coordinator under subparagraph (A) shall be Compensation for Nuclear Damage, done at available under paragraph 1(b) of Article III appointed without regard to the provisions Vienna on September 12, 1997, will establish of the Convention. of title 5, United States Code, governing ap- a global system— (3) CONVENTION.—The term ‘‘Convention’’ pointments in the competitive service. (i) to provide a predictable legal frame- means the Convention on Supplementary ‘‘(2) COMPENSATION.— work necessary for nuclear energy projects; Compensation for Nuclear Damage, done at ‘‘(A) IN GENERAL.—Subject to subparagraph and Vienna on September 12, 1997. (B), personnel appointed by the Federal Co- (ii) to ensure prompt and equitable com- (4) COVERED INCIDENT.—The term ‘‘covered ordinator under paragraph (1)(A) shall be pensation in the event of a nuclear incident; incident’’ means a nuclear incident the oc- paid without regard to the provisions of (D) the Convention benefits United States currence of which results in a request for chapter 51 and subchapter III of chapter 53 of nuclear suppliers that face potentially un- funds pursuant to Article VII of the Conven- title 5, United States Code (relating to clas- limited liability for a nuclear incidents out- tion. sification and General Schedule pay rates). side the coverage of section 170 of the Atom- (5) COVERED INSTALLATION.—The term ‘‘(B) MAXIMUM LEVEL OF COMPENSATION.— ic Energy Act of 1954 (42 U.S.C. 2210) by re- ‘‘covered installation’’ means a nuclear in- The rate of pay for personnel appointed by placing a potentially open-ended liability stallation at which the occurrence of a nu- the Federal Coordinator under paragraph with a predictable liability regime that, in clear incident could result in a request for (1)(A) shall not exceed the maximum level of effect, provides nuclear suppliers with insur- funds under Article VII of the Convention. rate payable for level III of the Executive ance for damage arising out of such an inci- (6) COVERED PERSON.— Schedule. dent; (A) IN GENERAL.—The term ‘‘covered per- ‘‘(C) APPLICABILITY OF SECTION 5941.—Sec- (E) the Convention also benefits United son’’ means— tion 5941 of title 5, United States Code, shall States nuclear facility operators that may (i) a United States person; and apply to personnel appointed by the Federal be publicly liable for a Price-Anderson inci- (ii) an individual or entity (including an Coordinator under paragraph (1)(A). dent by providing an additional early source agency or instrumentality of a foreign coun- ‘‘(3) TEMPORARY SERVICES.— for a Price-Anderson incident by providing try) that— ‘‘(A) IN GENERAL.—The Federal Coordinator an additional early source of funds to com- (I) is located in the United States; or may procure temporary and intermittent pensate damage arising out of the Price-An- (II) carries out an activity in the United services in accordance with section 3109(b) of derson incident; States. title 5, United States Code. (F) the combined operation of the Conven- (B) EXCLUSIONS.—The term ‘‘covered per- ‘‘(B) MAXIMUM LEVEL OF COMPENSATION.— tion, section 170 of the Atomic Energy Act of son’’ does not include— The level of compensation of an individual 1954 (42 U.S.C. 2210), and this section will (i) the United States; or employed on a temporary or intermittent augment the quantity of assured funds avail- (ii) any agency or instrumentality of the basis under subparagraph (A) shall not ex- able for victims in a wider variety of nuclear United States. ceed the maximum level of rate payable for incidents while reducing the potential liabil- (7) NUCLEAR SUPPLIER.—The term ‘‘nuclear level III of the Executive Schedule. ity of United States suppliers without in- supplier’’ means a covered person (or a suc- ‘‘(4) FEES, CHARGES, AND COMMISSIONS.— creasing potential costs to United States op- cessor in interest of a covered person) that— ‘‘(A) IN GENERAL.—The Federal Coordinator erators; (A) supplies facilities, equipment, fuel, shall have the authority to establish, (G) the cost of those benefits is the obliga- services, or technology pertaining to the de- change, and abolish reasonable filing and tion of the United States to contribute to sign, construction, operation, or decommis- service fees, charges, and commissions, re- the supplementary compensation fund estab- sioning of a covered installation; or quire deposits of payments, and provide re- lished by the Convention; (B) transports nuclear materials that could funds as provided to the Secretary of the In- (H) any such contribution should be funded result in a covered incident. terior in section 304 of the Federal Land Pol- in a manner that neither upsets settled ex- (8) PRICE-ANDERSON INCIDENT.—The term icy and Management Act of 1976 (43 U.S.C. pectations based on the liability regime es- ‘‘Price-Anderson incident’’ means a covered 1734), except that the authority shall be with tablished under section 170 of the Atomic En- incident for which section 170 of the Atomic respect to the duties of the Federal Coordi- ergy Act of 1954 (42 U.S.C. 2210) nor shifts to Energy Act of 1954 (42 U.S.C. 2210) would

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8213 make funds available to compensate for pub- every 5 years thereafter, the Secretary shall, paragraph 1(a) of Article IV of the Conven- lic liability (as defined in section 11 of that by regulation, determine the risk-informed tion, unless the law— Act (42 U.S.C. 2014)). assessment formula for the allocation among (1) specifically refers to this section; and (9) SECRETARY.—The term ‘‘Secretary’’ nuclear suppliers of the contingent cost re- (2) explicitly repeals, alters, amends, modi- means the Secretary of Energy. sulting from a covered incident that is not a fies, impairs, displaces, or supersedes the ef- (10) UNITED STATES.— Price-Anderson incident, taking into ac- fect of this subsection. (A) IN GENERAL.—The term ‘‘United count risk factors such as— (h) PAYMENTS TO AND BY THE UNITED States’’ has the meaning given the term in (I) the nature and intended purpose of the STATES.— section 11 of the Atomic Energy Act of 1954 goods and services supplied by each nuclear (1) ACTION BY NUCLEAR SUPPLIERS.— (42 U.S.C. 2014). supplier to each covered installation outside (A) NOTIFICATION.—In the case of a request (B) INCLUSIONS.—The term ‘‘United States’’ the United States; for funds under Article VII of the Convention includes— (II) the quantity of the goods and services resulting from a covered incident that is not (i) the Commonwealth of Puerto Rico; supplied by each nuclear supplier to each a Price-Anderson incident, the Secretary (ii) any other territory or possession of the covered installation outside the United shall notify each nuclear supplier of the United States; States; amount of the deferred payment required to (iii) the Canal Zone; and (III) the hazards associated with the sup- be made by the nuclear supplier. (iv) the waters of the United States terri- plied goods and services if the goods and (B) PAYMENTS.— torial sea under Presidential Proclamation services fail to achieve the intended pur- (i) IN GENERAL.—Except as provided in Number 5928, dated December 27, 1988 (43 poses; clause (ii), not later than 60 days after re- U.S.C. 1331 note). (IV) the hazards associated with the cov- ceipt of a notification under subparagraph (11) UNITED STATES PERSON.—The term ered installation outside the United States (A), a nuclear supplier shall pay to the gen- ‘‘United States person’’ means— to which the goods and services are supplied; eral fund of the Treasury the deferred pay- (A) any individual who is a resident, na- (V) the legal, regulatory, and financial in- ment of the nuclear supplier required under tional, or citizen of the United States (other frastructure associated with the covered in- subparagraph (A). than an individual residing outside of the stallation outside the United States to which (ii) ANNUAL PAYMENTS.—A nuclear supplier United States and employed by a person who the goods and services are supplied; and may elect to prorate payment of the deferred is not a United States person); and (VI) the hazards associated with particular payment required under subparagraph (A) in (B) any corporation, partnership, associa- forms of transportation. 5 equal annual payments (including interest tion, joint stock company, business trust, (ii) FACTORS FOR CONSIDERATION.—In deter- on the unpaid balance at the prime rate pre- unincorporated organization, or sole propri- mining the formula, the Secretary may— vailing at the time the first payment is due). etorship that is organized under the laws of (I) exclude— (C) VOUCHERS.—A nuclear supplier shall the United States. (aa) goods and services with negligible submit payment certification vouchers to (c) USE OF PRICE-ANDERSON FUNDS.— risk; the Secretary of the Treasury in accordance (1) IN GENERAL.—Funds made available (bb) classes of goods and services not in- with section 3325 of title 31, United States under section 170 of the Atomic Energy Act tended specifically for use in a nuclear in- Code. of 1954 (42 U.S.C. 2210) shall be used to cover stallation; the contingent cost resulting from any (cc) a nuclear supplier with a de minimis (2) USE OF FUNDS.— Price-Anderson incident. share of the contingent cost; and (A) IN GENERAL.—Amounts paid into the Treasury under paragraph (1) shall be avail- (2) EFFECT.—The use of funds pursuant to (dd) a nuclear supplier no longer in exist- paragraph (1) shall not reduce the limitation ence for which there is no identifiable suc- able to the Secretary of the Treasury, with- on public liability established under section cessor; and out further appropriation and without fiscal 170 e. of the Atomic Energy Act of 1954 (42 (II) establish the period on which the risk year limitation, for the purpose of making U.S.C. 2210(e)). assessment is based. the contributions of public funds required to be made by the United States under the Con- (d) EFFECT ON AMOUNT OF PUBLIC LIABIL- (iii) APPLICATION.—In applying the for- ITY.— mula, the Secretary shall not consider any vention. (1) IN GENERAL.—Funds made available to covered installation or transportation for (B) ACTION BY SECRETARY OF TREASURY.— the United States under Article VII of the which funds would be available under section The Secretary of the Treasury shall pay the Convention with respect to a Price-Anderson 170 of the Atomic Energy Act of 1954 (42 contribution required under the Convention incident shall be used to satisfy public liabil- U.S.C. 2210). to the court of competent jurisdiction under Article XIII of the Convention with respect ity resulting from the Price-Anderson inci- (iv) REPORT.—Not later than 5 years after dent. the date of enactment of this Act and every to the applicable covered incident. (2) AMOUNT.—The amount of public liabil- 5 years thereafter, the Secretary shall sub- (3) FAILURE TO PAY.—If a nuclear supplier ity allowable under section 170 of the Atomic mit to the Committee on Environment and fails to make a payment required under this Energy Act of 1954 (42 U.S.C. 2210) relating to Public Works of the Senate and the Com- subsection, the Secretary may take appro- a Price-Anderson incident under paragraph mittee on Energy and Commerce of the priate action to recover from the nuclear (1) shall be increased by an amount equal to House of Representatives a report on wheth- supplier— the difference between— er there is a need for continuation or amend- (A) the amount of the payment due from (A) the amount of funds made available for ment of this section, taking into account the the nuclear supplier; the Price-Anderson incident under Article effects of the implementation of the Conven- (B) any applicable interest on the pay- VII of the Convention; and tion on the United States nuclear industry ment; and (B) the amount of funds used under sub- and suppliers. (C) a penalty of not more than twice the section (c) to cover the contingent cost re- (f) REPORTING.— amount of the deferred payment due from sulting from the Price-Anderson incident. (1) COLLECTION OF INFORMATION.— the nuclear supplier. (e) RETROSPECTIVE RISK POOLING PRO- (A) IN GENERAL.—The Secretary may col- (i) LIMITATION ON JUDICIAL REVIEW; CAUSE GRAM.— lect information necessary for developing OF ACTION.— (1) IN GENERAL.—Except as provided in and implementing the formula for calcu- (1) LIMITATION ON JUDICIAL REVIEW.— paragraph (2), each nuclear supplier shall lating the deferred payment of a nuclear sup- (A) IN GENERAL.—In any civil action aris- participate in a retrospective risk pooling plier under subsection (e)(2). ing under the Convention over which Article program in accordance with this section to (B) PROVISION OF INFORMATION.—Each nu- XIII of the Convention grants jurisdiction to cover the contingent cost resulting from a clear supplier and other appropriate persons the courts of the United States, any appeal covered incident outside the United States shall make available to the Secretary such or review by writ of mandamus or otherwise that is not a Price-Anderson incident. information, reports, records, documents, with respect to a nuclear incident that is not (2) DEFERRED PAYMENT.— and other data as the Secretary determines, a Price-Anderson incident shall be in accord- (A) IN GENERAL.—The obligation of a nu- by regulation, to be necessary or appropriate ance with chapter 83 of title 28, United clear supplier to participate in the retrospec- to develop and implement the formula under States Code, except that the appeal or review tive risk pooling program shall be deferred subsection (e)(2)(C). shall occur in the United States Court of Ap- until the United States is called on to pro- (2) PRIVATE INSURANCE.—The Secretary peals for the District of Columbia Circuit. vide funds pursuant to Article VII of the shall make available to nuclear suppliers, (B) SUPREME COURT JURISDICTION.—Nothing Convention with respect to a covered inci- and insurers of nuclear suppliers, informa- in this paragraph affects the jurisdiction of dent that is not a Price-Anderson incident. tion to support the voluntary establishment the Supreme Court of the United States (B) AMOUNT OF DEFERRED PAYMENT.—The and maintenance of private insurance under chapter 81 of title 28, United States amount of a deferred payment of a nuclear against any risk for which nuclear suppliers Code. supplier under subparagraph (A) shall be may be required to pay deferred payments (2) CAUSE OF ACTION.— based on the risk-informed assessment for- under this section. (A) IN GENERAL.—Subject to subparagraph mula determined under subparagraph (C). (g) EFFECT ON LIABILITY.—Nothing in any (B), in any civil action arising under the (C) RISK-INFORMED ASSESSMENT FORMULA.— other law (including regulations) limits li- Convention over which Article XIII of the (i) IN GENERAL.—Not later than 3 years ability for a covered incident to an amount Convention grants jurisdiction to the courts after the date of enactment of this Act, and equal to less than the amount prescribed in of the United States, in addition to any

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other cause of action that may exist, an indi- ‘‘(i) is for the placement and operation of a AMENDMENT NO. 1687, AS MODIFIED vidual or entity shall have a cause of action meteorological or marine data collection fa- (Purpose: To express the sense of Congress against the operator to recover for nuclear cility; and that the Department of Energy should be damage suffered by the individual or entity. ‘‘(ii) has a term of not more than 5 years; the lead United States Government agency (B) REQUIREMENT.—Subparagraph (A) shall or in charge of formulating and coordinating apply only if the individual or entity seeks a ‘‘(C) the Secretary determines, after pro- the national energy security policy of the remedy for nuclear damage (as defined in Ar- viding public notice of a proposed lease, United States) ticle I of the Convention) that was caused by easement, or right-of-way, that no competi- On page 293, line 6, insert the following: a nuclear incident (as defined in Article I of tive interest exists.’’; and (4) the Department of Energy should be the Convention) that is not a Price-Anderson (3) by adding at the end the following: designated as the lead United States Govern- incident. ‘‘(11) CLARIFICATION.— ment agency in charge of formulating and (C) EFFECT OF PARAGRAPH.—Nothing in this ‘‘(A) IN GENERAL.—Subject to subparagraph coordinating the national energy security paragraph limits, modifies, extinguishes, or (B), the Federal Energy Regulatory Commis- policy of the United States, and in further- otherwise affects any cause of action that sion shall not have authority to approve or ance of these goals, there should be estab- would have existed in the absence of enact- license a wave or current energy project on lished within the Department of Energy an ment of this paragraph. the Outer Continental Shelf under part I of Assistant Secretary of Energy for Energy Se- (j) RIGHT OF RECOURSE.—This section does the Federal Power Act (16 U.S.C. 792 et seq.) curity whose responsibilities should in- not provide to an operator of a covered in- ‘‘(B) TRANSMISSION OF POWER.—Subpara- clude— stallation any right of recourse under the graph (A) shall not affect any authority of (A) directing the development of the na- Convention. the Commission with respect to the trans- tional energy security strategy of the United (k) PROTECTION OF SENSITIVE UNITED mission of power generated from a project States; STATES INFORMATION.—Nothing in the Con- described in subparagraph (A).’’. vention or this section requires the disclo- (B) coordinating the national energy secu- (b) CONSIDERATION OF CERTAIN REQUESTS sure of— rity policy of the United States with the De- FOR AUTHORIZATION.—In considering a re- (1) any data that, at any time, was Re- partment of Defense, the Department of quest for authorization of a project pending stricted Data (as defined in section 11 of the State, and the National Security Council, as before the Commission on the Outer Conti- Atomic Energy Act of 1954 (42 U.S.C. 2014)); appropriate, to address the impact of, and in- nental Shelf as of the date of enactment of (2) information relating to intelligence tegrate national security and foreign policy this Act, the Secretary of the Interior shall sources or methods protected by section on, the national energy security policy of rely, to the maximum extent practicable, on 102A(i) of the National Security Act of 1947 the United States; the materials submitted to the Commission (50 U.S.C. 403–1(i)); or (C) monitoring international and domestic before that date. (3) national security information classified energy developments to gauge their impact under Executive Order 12958 (50 U.S.C. 435 (c) SAVINGS PROVISION.—Nothing in this on the national energy security policy of the note; relating to classified national security section or an amendment made by this sec- United States and implementing changes in information) (or a successor regulation). tion requires the resubmission of any docu- such policy as necessary to maintain the na- (l) REGULATIONS.— ment that was previously submitted, or the tional security and energy security of the (1) IN GENERAL.—The Secretary or the reauthorization of any action that was pre- United States; Commission, as appropriate, may prescribe viously authorized, with respect to a project (D) identifying foreign sources of energy regulations to carry out section 170 of the on the Outer Continental Shelf for which a critical to the national energy security of Atomic Energy Act of 1954 (42 U.S.C. 2210) preliminary permit was issued by the Com- the United States and developing strategies and this section. mission before the date of enactment of this in conjunction with the Department of State (2) REQUIREMENT.—Rules prescribed under Act. for ensuring United States access to critical this subsection shall ensure, to the max- foreign energy resources; AMENDMENT NO. 1675 imum extent practicable, that— (E) developing strategies for reducing United States dependence on foreign sources (A) the implementation of section 170 of (Purpose: To provide for a study on the effect of energy, including demand reduction, effi- the Atomic Energy Act of 1954 (42 U.S.C. of laws limiting the siting of privately ciency improvement, and development of al- 2210) and this section is consistent and equi- owned electric distribution wires on the ternative and new sources of domestic en- table; and development of combined heat and power ergy; and (B) the financial and operational burden on facilities) a Commission licensee in complying with (F) developing strategies in conjunction section 170 of that Act is not greater as a re- At the end, add the following: with the Department of State for working with major international producers and con- sult of the enactment of this section. TITLE VIII—MISCELLANEOUS (3) APPLICABILITY OF PROVISION.—Section sumers, including China, Russia, the Euro- 553 of title 5, United States Code, shall apply SEC. 801. STUDY OF THE EFFECT OF PRIVATE pean Union, and Africa, to minimize with respect to the promulgation of regula- WIRE LAWS ON THE DEVELOPMENT politicization of global energy resources tions under this subsection. OF COMBINED HEAT AND POWER FA- while ensuring access through global energy CILITIES. (4) EFFECT OF SUBSECTION.—The authority markets. provided under this subsection is in addition (a) STUDY.— AMENDMENT NO. 1688 to, and does not impair or otherwise affect, (1) IN GENERAL.—The Secretary, in con- (Purpose: To require the President to submit any other authority of the Secretary or the sultation with the States and other appro- to Congress an annual national energy se- Commission to prescribe regulations. priate entities, shall conduct a study of the curity strategy report) (m) EFFECTIVE DATE.—This section takes laws (including regulations) affecting the On page 313, strike lines 20 and 21 and in- effect on the date of enactment of this Act. siting of privately owned electric distribu- sert the following: tion wires on and across public rights-of- AMENDMENT NO. 1729, AS MODIFIED SEC. 707. ANNUAL NATIONAL ENERGY SECURITY At the appropriate place, insert the fol- way. STRATEGY REPORT. EQUIREMENTS lowing: (2) R .—The study under para- (a) REPORTS.— SEC. ll. OFFSHORE RENEWABLE ENERGY. graph (1) shall include— (1) IN GENERAL.—Subject to paragraph (2), (a) LEASES, EASEMENTS, OR RIGHTS-OF-WAY (A) an evaluation of— on the date on which the President submits FOR ENERGY AND RELATED PURPOSES.—Sec- (i) the purposes of the laws; and to Congress the budget for the following fis- tion 8(p) of the Outer Continental Shelf (ii) the effect the laws have on the develop- cal year under section 1105 of title 31, United Lands Act (43 U.S.C. 1337(p)) is amended— ment of combined heat and power facilities; States Code, the President shall submit to (1) by inserting after ‘‘Secretary of the De- (B) a determination of whether a change in Congress a comprehensive report on the na- partment in which the Coast Guard is oper- the laws would have any operating, reli- tional energy security of the United States. ating’’ the following: ‘‘, the Secretary of ability, cost, or other impacts on electric (2) NEW PRESIDENTS.—In addition to the re- Commerce,’’; utilities and the customers of the electric ports required under paragraph (1), the Presi- (2) by striking paragraph (3) and inserting utilities; and dent shall submit a comprehensive report on the following: (C) an assessment of— the national energy security of the United ‘‘(3) COMPETITIVE OR NONCOMPETITIVE (i) whether privately owned electric dis- States by not later than 150 days after the BASIS.—Any lease, easement, or right-of-way tribution wires would result in duplicative date on which the President assumes the of- under paragraph (1) shall be issued on a com- facilities; and fice of President after a presidential elec- petitive basis, unless— (ii) whether duplicative facilities are nec- tion. ‘‘(A) the lease, easement, or right-of-way essary or desirable. (b) CONTENTS.—Each report under this sec- relates to a project that meets the criteria (b) REPORT.—Not later than 1 year after tion shall describe the national energy secu- established under section 388(d) of the En- the date of enactment of this Act, the Sec- rity strategy of the United States, including ergy Policy Act of 2005 (43 U.S.C. 1337 note; retary shall submit to Congress a report that a comprehensive description of— Public Law 109–58); describes the results of the study conducted (1) the worldwide interests, goals, and ob- ‘‘(B) the lease, easement, or right-of-way— under subsection (a). jectives of the United States that are vital

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8215 to the national energy security of the United (A) commercial refrigerated truck; (C) the relationship of the temporal vari- States; (B) commercial refrigerated trailer; and ation of each offshore wind resource de- (2) the foreign policy, worldwide commit- (C) commercial refrigerator, freezer, or re- scribed in subparagraph (A) with— ments, and national defense capabilities of frigerator-freezer described in section 342(c) (i) any other offshore wind resource; and the United States necessary— of the Energy Policy and Conservation Act (ii) with loads and corresponding system (A) to deter political manipulation of (42 U.S.C. 6313(c)). operator markets; world energy resources; and (b) REPORT.—Not later than 90 days after (D) the geological compatibility of each (B) to implement the national energy secu- the date of enactment of this Act, the Sec- offshore wind resource described in subpara- rity strategy of the United States; retary shall submit to Congress a report that graph (A) with any potential technology re- (3) the proposed short-term and long-term includes an evaluation of— lating to sea floor towers; and uses of the political, economic, military, and (1) the state of technological advancement (E) with respect to each area in which an other authorities of the United States— of advanced insulation; and offshore wind resource described in subpara- (A) to protect or promote energy security; (2) the projected amount of cost savings graph (A) is located, the relationship of the and that would be generated by implementing authority under any coastal management (B) to achieve the goals and objectives de- advanced insulation into covered refrigera- plan of the State in which the area is located scribed in paragraph (1); tion units. with the Federal Government; and (4) the adequacy of the capabilities of the (c) DEMONSTRATION PROGRAM.— (2) recommendations on the manner by United States to protect the national energy (1) ESTABLISHMENT.—If the Secretary de- which to handle offshore wind intermittence. security of the United States, including an termines in the report described in sub- (d) INCORPORATION OF STUDY.—Effective be- evaluation of the balance among the capa- section (b) that the implementation of ad- ginning on the date on which the Secretary bilities of all elements of the national au- vanced insulation into covered refrigeration completes the study under subsection (b), thority of the United States to support the units would generate an economically jus- the Secretary shall incorporate the findings implementation of the national energy secu- tifiable amount of cost savings, the Sec- included in the report under subsection (c) rity strategy; and retary, in cooperation with manufacturers of into the planning process documents for any (5) such other information as the President covered refrigeration units, shall establish a wind energy lease sale— determines to be necessary to inform Con- demonstration program under which the Sec- (1) relating to any offshore wind resource gress on matters relating to the national en- retary shall demonstrate the cost-effective- located in any appropriate area of the outer ergy security of the United States. ness of advanced insulation. Continental Shelf, as determined by the Sec- (c) CLASSIFIED AND UNCLASSIFIED FORM.— (2) DISCLOSURE.—Section 623 of the Energy retary; and Each national energy security strategy re- Policy Act of 1992 (42 U.S.C. 13293) may apply (2) that is completed on or after the date of port shall be submitted to Congress in— to any project carried out under this sub- enactment of this Act. (1) a classified form; and section. (e) EFFECT.—Nothing in this section— (2) an unclassified form. (3) COST-SHARING.—Section 988 of the En- (1) delays any final regulation to be pro- SEC. 708. APPROPRIATE CONGRESSIONAL COM- ergy Policy Act of 2005 (42 U.S.C. 16352) shall mulgated by the Secretary of the Interior to MITTEES DEFINED. apply to any project carried out under this carry out section 8(p) of the Outer Conti- AMENDMENT NO. 1689 subsection. nental Shelf Lands Act (43 U.S.C. 1337(p)); or (Purpose: To amend the National Security (d) AUTHORIZATION OF APPROPRIATIONS.—Of (2) limits the authority of the Secretary to Act of 1947 to add the Secretary of Energy the funds authorized under section 911(b) of lease any offshore wind resource located in to the National Security Council in rec- Public Law 109–58, the Energy Policy Act of any appropriate area of the outer Conti- ognition of the role energy and energy se- 2005, such sums shall be allocated to carry nental Shelf, as determined by the Sec- curity issues play in the United States na- out this program. retary. (f) AUTHORIZATION OF APPROPRIATIONS.— tional security) AMENDMENT NO. 1717 There is authorized to be appropriated to (Purpose: To require the Secretary of the In- After section 706, insert the following: carry out this section $5,000,000, to remain terior, acting through the Director of the SEC. 707. NATIONAL SECURITY COUNCIL REOR- available until expended. GANIZATION. Minerals Management Service, to conduct AMENDMENT NO. 1710 Section 101(a) of the National Security Act a study to assess each offshore wind re- of 1947 (50 U.S.C. 402(a)) is amended— source located in the region of the eastern (Purpose: To clarify the purposes of the en- (1) by redesignating paragraphs (5), (6), and outer Continental Shelf) ergy and environmental block grant pro- (7) as paragraphs (6), (7), and (8), respec- On page 59, after line 21, add the following: gram) tively; and SEC. 151. STUDY OF OFFSHORE WIND RE- On page 166, strike lines 17 through 19, and (2) by inserting after paragraph (4) the fol- SOURCES. insert the following: lowing: (a) DEFINITIONS.—In this section: ‘‘(1) to reduce fossil fuel emissions created ‘‘(5) the Secretary of Energy;’’. (1) ELIGIBLE INSTITUTION.—The term ‘‘eligi- as a result of activities within the bound- aries of the States or units of local govern- AMENDMENT NO. 1525, AS MODIFIED ble institution’’ means a college or univer- sity that— ment in an environmentally sustainable way On page 161, between lines 2 and 3, insert that, to the maximum extent practicable, the following: (A) as of the date of enactment of this Act, has an offshore wind power research pro- maximizes benefits for local and regional SEC. 269. STANDARD RELATING TO SOLAR HOT gram; and communities; WATER HEATERS. (B) is located in a region of the United AMENDMENT NO 1759 AS MODIFIED Section 305(a)(3)(A) of the Energy Con- . , States that is in reasonable proximity to the servation and Production Act (42 U.S.C. On page 192, after line 21, add the fol- eastern outer Continental Shelf, as deter- 6834(a)(3)(A)) (as amended by section 266) is lowing: mined by the Secretary. amended— SEC. 305. ASSESSMENT OF CARBON SEQUESTRA- (2) SECRETARY.—The term ‘‘Secretary’’ (1) in clause (i)(III), by striking ‘‘and’’ at TION AND METHANE AND NITROUS means the Secretary of the Interior, acting OXIDE EMISSIONS FROM TERRES- the end; through the Director of the Minerals Man- TRIAL ECOSYSTEMS. (2) in clause (ii), by striking the period at agement Service. (a) DEFINITIONS.—In this section: the end and inserting ‘‘; and’’; and (b) STUDY.—The Secretary, in cooperation (1) ADAPTATION STRATEGY.—The term ‘‘ad- (3) by adding at the end the following: with an eligible institution, as selected by aptation strategy’’ means a land use and ‘‘(iii) if life-cycle cost-effective, as com- the Secretary, shall conduct a study to as- management strategy that can be used to in- pared to other reasonably available tech- sess each offshore wind resource located in crease the sequestration capabilities of any nologies, not less than 30 percent of the hot the region of the eastern outer Continental terrestrial ecosystem. water demand for each new or substantially Shelf. (2) ASSESSMENT.—The term ‘‘assessment’’ modified Federal building be met through (c) REPORT.—Upon completion of the study means the national assessment authorized the installation and use of solar hot water under subsection (b), the Secretary shall sub- under subsection (b). heaters.’’. mit to Congress a report that includes— (3) COVERED GREENHOUSE GAS.—The term AMENDMENT NO. 1567, AS MODIFIED (1) a description of— ‘‘covered greenhouse gas’’ means carbon di- On page 133, between lines 9 and 10, insert (A) the locations and total power genera- oxide, nitrous oxide, and methane gas. the following: tion resources of the best offshore wind re- (4) NATIVE PLANT SPECIES.—The term ‘‘na- SEC. 246. COMMERCIAL INSULATION DEM- sources located in the region of the eastern tive plant species’’ means any noninvasive, ONSTRATION PROGRAM. outer Continental Shelf, as determined by naturally occurring plant species within a (a) DEFINITIONS.—In this section: the Secretary; terrestrial ecosystem. (1) ADVANCED INSULATION.—The term ‘‘ad- (B) based on conflicting zones relating to (5) SECRETARY.—The term ‘‘Secretary’’ vanced insulation’’ means insulation that any infrastructure that, as of the date of en- means the Secretary of the Interior. has an R value of not less than R35 per inch. actment of this Act, is located in close prox- (6) FEDERAL LAND.—The term ‘‘Federal (2) COVERED REFRIGERATION UNIT.—The imity to any offshore wind resource, the land’’ means— term ‘‘covered refrigeration unit’’ means likely exclusion zones of each offshore wind (A) land of the National Forest System (as any— resource described in subparagraph (A); defined in section 11(a) of the Forest and

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8216 CONGRESSIONAL RECORD — SENATE June 21, 2007 Rangeland Renewable Resources Planning (ii) estimate the total capacity of each ter- efficiency savings from smart metering, de- Act of 1974 (16 U.S.C. 1609(a))) administered restrial ecosystem to— mand response, distributed generation, and by the Secretary of Agriculture, acting (I) sequester carbon; and electricity storage systems; through the Chief of the Forest Service; and (II) reduce emissions of covered greenhouse (2) to investigate means for demand re- (B) public lands (as defined in Section 103 gases; and sponse, distributed generation, and storage of the Federal Land Policy and Management (B) may employ economic and other sys- to provide ancillary services; Act of 1976 (43 U.S.C. 1702)), the surface of tems models, analyses, and estimations, to (3) to conduct research to advance the use which is administered by the Secretary of be developed in consultation with each of the of wide-area measurement and control net- the Interior, acting through the Director of individuals described in subsection (e). works, including data mining, visualization, the Bureau of Land Management. (3) EXTERNAL REVIEW AND PUBLICATION.—On advanced computing, and secure and depend- (7) TERRESTRIAL ECOSYSTEM.— completion of a proposed methodology, the able communications in a highly-distributed (A) IN GENERAL.—The term ‘‘terrestrial Secretary shall— environment; ecosystem’’ means any ecological and sur- (A) publish the proposed methodology; (4) to test new reliability technologies in a ficial geological system on Federal land. (B) at least 60 days before the date on grid control room environment against a (B) INCLUSIONS.—The term ‘‘terrestrial eco- which the final methodology is published, so- representative set of local outage and wide system’’ includes— licit comments from— area blackout scenarios; (i) forest land; (i) the public; and (5) to investigate the feasibility of a transi- (ii) grassland; and (ii) heads of affected Federal and State tion to time-of-use and real-time electricity (iii) freshwater aquatic ecosystems. agencies; pricing; (b) AUTHORIZATION OF ASSESSMENT.—Not (C) establish a panel to review the proposed (6) to develop algorithms for use in electric later than 2 years after the date on which methodology published under subparagraph transmission system software applications; the final methodology is published under (A) and any comments received under sub- (7) to promote the use of underutilized subsection (f)(3)(D), the Secretary shall com- paragraph (B), to be composed of members— electricity generation capacity in any sub- plete a national assessment of— (i) with expertise in the matters described stitution of electricity for liquid fuels in the (1) the quantity of carbon stored in and re- in subsections (c) and (d); and transportation system of the United States; leased from terrestrial ecosystems; including (ii) that are, as appropriate, representa- and from man-caused and natural fires; and tives of Federal agencies, institutions of (8) in consultation with the Federal Energy (2) the annual flux of covered greenhouse higher education, nongovernmental organi- Regulatory Commission, to propose inter- gases in and out of terrestrial ecosystems. zations, State organizations, industry, and connection protocols to enable electric utili- (c) COMPONENTS.—In conducting the assess- international organizations; and ties to access electricity stored in vehicles ment under subsection (b), the Secretary (D) on completion of the review under sub- to help meet peak demand loads. shall— paragraph (C), publish in the Federal register (b) SMART GRID REGIONAL DEMONSTRATION (1) determine the processes that control the revised final methodology. INITIATIVE.— the flux of covered greenhouse gases in and (g) ESTIMATE; REVIEW.—The Secretary (1) IN GENERAL.—The Secretary shall estab- out of each terrestrial ecosystem; shall— lish a smart grid regional demonstration ini- (2) estimate the technical and economic (1) based on the assessment, prescribe the tiative (referred to in this subsection as the potential for increasing carbon sequestration data, information, and analysis needed to es- ‘‘Initiative’’) composed of demonstration in natural and managed terrestrial eco- tablish a scientifically sound estimate of— projects specifically focused on advanced systems through management activities or (A) the carbon sequestration capacity of technologies for use in power grid sensing, restoration activities in each terrestrial eco- relevant terrestrial ecosystems; communications, analysis, and power flow system; (B) a national inventory of covered green- control. The Secretary shall seek to leverage (3) develop near-term and long-term adap- house gas sources that is consistent with the existing smart grid deployments. tation strategies or mitigation strategies inventory prepared by the Environmental (2) GOALS.—The goals of the Initiative that can be employed— Protection Agency entitled the ‘‘Inventory shall be— (A) to enhance the sequestration of carbon of U.S. Greenhouse Gas Emissions and Sinks: (A) to demonstrate the potential benefits in each terrestrial ecosystem; 1990–2005’’; and of concentrated investments in advanced (B) to reduce emissions of covered green- (C) the willingness of covered greenhouse grid technologies on a regional grid; house gases; and gas emitters to pay to sequester the covered (B) to facilitate the commercial transition (C) to adapt to climate change; and greenhouse gases emitted by the applicable from the current power transmission and dis- (4) estimate annual carbon sequestration emitters in designated terrestrial eco- tribution system technologies to advanced capacity of terrestrial ecosystems under a systems; and technologies; range of policies in support of management (2) not later than 180 days after the date on (C) to facilitate the integration of ad- activities to optimize sequestration. which the assessment is completed, submit vanced technologies in existing electric net- (d) USE OF NATIVE PLANT SPECIES.—In de- to the heads of applicable Federal agencies works to improve system performance, veloping restoration activities under sub- and the appropriate committees of Congress power flow control, and reliability; section (c)(2) and management strategies and a report that describes the results of the as- (D) to demonstrate protocols and standards adaptation strategies under subsection (c)(3), sessment. that allow for the measurement and valida- the Secretary shall emphasize the use of na- (h) DATA AND REPORT AVAILABILITY.—On tion of the energy savings and fossil fuel gas tive plant species (including mixtures of completion of the assessment, the Secretary emission reductions associated with the in- many native plant species) for sequestering shall incorporate the results of the assess- stallation and use of energy efficiency and covered greenhouse gas in each terrestrial ment into a web-accessible database for pub- demand response technologies and practices; ecosystem. lic use. and (e) CONSULTATION.—In conducting the as- (E) to investigate differences in each re- AMENDMENT NO. 1797, AS MODIFIED sessment under subsection (b) and devel- gion and regulatory environment regarding On page 141, after line 23, add the fol- oping the methodology under subsection (f), best practices in implementing smart grid lowing: the Secretary shall consult with— technologies. SEC. 255. SMART GRID SYSTEM REPORT. (1) the Secretary of Energy; (3) DEMONSTRATION PROJECTS.— (a) IN GENERAL.—The Secretary, acting (2) the Secretary of Agriculture; (A) IN GENERAL.—In carrying out the Ini- (3) the Administrator of the Environ- through the Director of the Office of Elec- tiative, the Secretary shall carry out smart tricity Delivery and Energy Reliability (re- mental Protection Agency; grid demonstration projects in up to 5 elec- ferred to in this section as the ‘‘Secretary’’), (4) the heads of other relevant agencies; tricity control areas, including rural areas shall, after consulting with any interested (5) consortia based at institutions of higher and at least 1 area in which the majority of individual or entity as appropriate, no later education and with research corporations; generation and transmission assets are con- than one year after enactment, report to trolled by a tax-exempt entity. and Congress concerning the status of smart grid (B) COOPERATION.—A demonstration (6) Federal forest and grassland managers. deployments nationwide and any regulatory (f) METHODOLOGY.— project under subparagraph (A) shall be car- or government barriers to continued deploy- (1) IN GENERAL.—Not later than 1 year after ment ried out in cooperation with the electric util- the date of enactment of this Act, the Sec- ity that owns the grid facilities in the elec- SEC. 256. SMART GRID TECHNOLOGY RESEARCH, retary shall develop a methodology for con- DEVELOPMENT, AND DEMONSTRA- tricity control area in which the demonstra- ducting the assessment. TION. tion project is carried out. (2) REQUIREMENTS.—The methodology de- (a) POWER GRID DIGITAL INFORMATION (C) FEDERAL SHARE OF COST OF TECHNOLOGY veloped under paragraph (1)— TECHNOLOGY.—The Secretary, in consulta- INVESTMENTS.—The Secretary shall provide (A) shall— tion with the Federal Energy Regulatory to an electric utility described in subpara- (i) determine the method for measuring, Commission and other appropriate agencies, graph (B) financial assistance for use in pay- monitoring, quantifying, and monetizing electric utilities, the States, and other ing an amount equal to not more than 50 per- covered greenhouse gas emissions and reduc- stakeholders, shall carry out a program— cent of the cost of qualifying advanced grid tions, including methods for allocating and (1) to develop advanced techniques for technology investments made by the electric managing offsets or credits; and measuring peak: load reductions and energy- utility to carry out a demonstration project.

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(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(e) OBSOLETE EQUIPMENT.—Each State (5) the term ‘‘on-bill financing’’ means a There are authorized to be appropriated— shall consider authorizing any electric util- low interest or no interest financing agree- (A) to carry out subsection (a), such sums ity or other party of the State to deploy a ment between a small business concern and as are necessary for each of fiscal years 2008 qualified smart grid system to recover in a an electric utility for the purchase or instal- through 2012; and timely manner the remaining book-value lation of equipment, under which the regu- (B) to carry out subsection (b), $100,000,000 costs of any equipment rendered obsolete by larly scheduled payment of that small busi- for each of fiscal years 2008 through 2012. the deployment of the qualified smart grid ness concern to that electric utility is not SEC. 257. SMART GRID INTEROPERABILITY system, based on the remaining depreciable reduced by the amount of the reduction in FRAMEWORK. life of the obsolete equipment. cost attributable to the new equipment and (a) INTEROPERABILITY FRAMEWORK.—The ‘‘(17) SMART GRID CONSUMER INFORMATION.— that amount is credited to the electric util- Federal Energy Regulatory Commission (re- AMENDMENT NO. 1702 ity, until the cost of the purchase or instal- ferred to in this section as the ‘‘Commis- (Purpose: To authorize loans for renewable lation is repaid; sion’’), in cooperation with other relevant energy systems and energy efficiency (6) the term ‘‘small business concern’’ has federal agencies, shall coordinate with smart projects under the Express Loan Program the meaning given that term in section 3 of grid stakeholders to develop protocols for of the Small Busines Administration) the Small Business Act (15 U.S.C. 636); the establishment of a flexible framework (7) the term ‘‘small business development for the connection of smart grid devices and On page 161, between lines 2 and 3, insert center’’ means a small business development systems that would align policy, business, the following: center described in section 21 of the Small and technology approaches in a manner that SEC. 269. EXPRESS LOANS FOR RENEWABLE EN- Business Act (15 U.S.C. 648); would enable all electric resources, including ERGY AND ENERGY EFFICIENCY. (8) the term ‘‘telecommuting’’ means the demand-side resources, to contribute to an Section 7(a)(31) of the Small Business Act use of telecommunications to perform work efficient, reliable electricity network. (15 U.S.C. 636(a)(31)) is amended by adding at functions under circumstances which reduce (c) SCOPE OF FRAMEWORK.—The framework the end the following: or eliminate the need to commute; and developed under subsection (b) shall be de- ‘‘(F) EXPRESS LOANS FOR RENEWABLE EN- (9) the term ‘‘veteran’’ has the meaning signed— ERGY AND ENERGY EFFICIENCY.— given that term in section 101 of title 38, (1) to accommodate traditional, central- ‘‘(i) DEFINITIONS.—In this subparagraph— United States Code. ‘‘(I) the term ‘biomass’— ized generation and transmission resources (b) IMPLEMENTATION OF SMALL BUSINESS ‘‘(aa) means any organic material that is and consumer distributed resources, includ- ENERGY EFFICIENCY PROGRAM.— available on a renewable or recurring basis, ing distributed generation, renewable gen- (1) IN GENERAL.—Not later than 90 days including— eration, energy storage, energy efficiency, after the date of enactment of this Act, the ‘‘(AA) agricultural crops; and demand response and enabling devices Administrator shall promulgate final rules ‘‘(BB) trees grown for energy production; and systems; establishing the Government-wide program (2) to be flexible to incorporate— ‘‘(CC) wood waste and wood residues; ‘‘(DD) plants (including aquatic plants and authorized under subsection (d) of section 337 (A) regional and organizational differences; of the Energy Policy and Conservation Act and grasses); ‘‘(EE) residues; (42 U.S.C. 6307) that ensure compliance with (B) technological innovations; and that subsection by not later than 6 months (3) to consider voluntary uniform stand- ‘‘(FF) fibers; after such date of enactment. ards for certain classes of mass-produced ‘‘(GG) animal wastes and other waste ma- (2) PLAN.—Not later than 90 days after the electric appliances and equipment for homes terials; and date of enactment of this Act, the Adminis- and businesses that enable customers, at ‘‘(HH) fats, oils, and greases (including re- trator shall publish a detailed plan regarding their election and consistent with applicable cycled fats, oils, and greases); and how the Administrator will— state and federal laws, and are manufactured ‘‘(bb) does not include— (A) assist small business concerns in be- with the ability to respond to electric grid ‘‘(AA) paper that is commonly recycled; or coming more energy efficient; and emergencies and demand response signals by ‘‘(BB) unsegregated solid waste; (B) build on the Energy Star for Small curtailing all, or a portion of, the electrical ‘‘(II) the term ‘energy efficiency project’ Business Program of the Department of En- power consumed by the appliances or equip- means the installation or upgrading of equip- ergy and the Environmental Protection ment in response to an emergency or demand ment that results in a significant reduction Agency. response signal, including through— in energy usage; and (3) ASSISTANT ADMINISTRATOR FOR SMALL (A) load reduction to reduce total elec- ‘‘(III) the term ‘renewable energy system’ BUSINESS ENERGY POLICY.— trical demand; means a system of energy derived from— (A) IN GENERAL.—There is in the Adminis- (B) adjustment of load to provide grid an- ‘‘(aa) a wind, solar, biomass (including bio- tration an Assistant Administrator for cillary services; and diesel), or geothermal source; or (C) in the event of a reliability crisis that ‘‘(bb) hydrogen derived from biomass or Small Business Energy Policy, who shall be threatens an outage, short-term load shed- water using an energy source described in appointed by, and report to, the Adminis- ding to help preserve the stability of the item (aa). trator. grid. ‘‘(ii) LOANS.—Loans may be made under (B) DUTIES.—The Assistant Administrator (4) Such voluntary standards should incor- the ‘Express Loan Program’ for the purpose for Small Business Energy Policy shall— porate appropriate manufacturer lead time. of— (i) oversee and administer the require- ments under this subsection and section SEC. 258. STATE CONSIDERATION OF SMART ‘‘(I) purchasing a renewable energy system; GRID. or 337(d) of the Energy Policy and Conservation Section 111 (d) of the Public Utility Regu- ‘‘(II) an energy efficiency project for an ex- Act (42 U.S.C. 6307(d)); and latory Policies Act of 1978 (16 U.S.C. 2621(d)) isting business.’’. (ii) promote energy efficiency efforts for small business concerns and reduce energy is amended by adding at the end the fol- AMENDMENT NO. 1706, AS MODIFIED lowing: costs of small business concerns. (Purpose: To establish a small business en- (4) REPORTS.—The Administrator shall sub- ‘‘(16) CONSIDERATION OF SMART GRID INVEST- ergy efficiency program, and for other pur- mit to the Committee on Small Business and MENTS.—Each State shall consider requiring poses) that, prior to undertaking investments in Entrepreneurship of the Senate and the Com- On page 161, between lines 2 and 3, insert nonadvanced grid technologies, an electric mittee on Small Business of the House of the following: utility of the State demonstrate to the State Representatives an annual report on the that the electric utility considered an in- SEC. 269. SMALL BUSINESS ENERGY EFFICIENCY. progress of the Administrator in encouraging vestment in a qualified smart grid system (a) DEFINITIONS.—In this section— small business concerns to become more en- based on appropriate factors, including— (1) the terms ‘‘Administration’’ and ‘‘Ad- ergy efficient, including data on the rate of ‘‘(i) total costs; ministrator’’ mean the Small Business Ad- use of the Small Business Energy Clearing- ‘‘(ii) cost-effectiveness; ministration and the Administrator thereof, house established under section 337(d)(4) of ‘‘(iii) improved reliability; respectively; the Energy Policy and Conservation Act (42 ‘‘(iv) security; (2) the term ‘‘association’’ means the asso- U.S.C. 6307(d)(4)). ‘‘(v) system performance; and ciation of small business development cen- (c) SMALL BUSINESS ENERGY EFFICIENCY.— ‘‘(vi) societal benefit. ters established under section 21(a)(3)(A) of (1) AUTHORITY.—The Administrator shall ‘‘(B) RATE RECOVERY.—Each State shall the Small Business Act (15 U.S.C. establish a Small Business Energy Efficiency consider authorizing each electric utility of 648(a)(3)(A)); Pilot Program (in this subsection referred to the State to recover from ratepayers any (3) the term ‘‘disability’’ has the meaning as the ‘‘Efficiency Pilot Program’’) to pro- capital, operating expenditure, or other costs given that term in section 3 of the Ameri- vide energy efficiency assistance to small of the electric utility relating to the deploy- cans with Disabilities Act of 1990 (42 U.S.C. business concerns through small business de- ment of a qualified smart grid system, in- 12102); velopment centers. cluding a reasonable rate of return on the (4) the term ‘‘electric utility’’ has the (2) SMALL BUSINESS DEVELOPMENT CEN- capital expenditures of the electric utility meaning given that term in section 3 of the TERS.— for the deployment of the qualified smart Public Utility Regulatory Policies Act of (A) IN GENERAL.—In carrying out the Effi- grid system. 1978 (16 U.S.C. 2602); ciency Pilot Program, the Administrator

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shall enter into agreements with small busi- (viii) GROUP 7.—Group 7 shall consist of shall make a concerted effort to provide in- ness development centers under which such Missouri, Iowa, Nebraska, and Kansas. formation to— centers shall— (ix) GROUP 8.—Group 8 shall consist of Col- (i) small business concerns owned by or (i) provide access to information and re- orado, Wyoming, North Dakota, South Da- employing individuals with disabilities, par- sources on energy efficiency practices, in- kota, Montana, and Utah. ticularly veterans who are individuals with cluding on-bill financing options; (x) GROUP 9.—Group 9 shall consist of Cali- disabilities; (ii) conduct training and educational ac- fornia, Guam, American Samoa, Hawaii, Ne- (ii) Federal, State, and local agencies hav- tivities; vada, and Arizona. ing knowledge and expertise in assisting in- (iii) offer confidential, free, one-on-one, in- (xi) GROUP 10.—Group 10 shall consist of dividuals with disabilities, including vet- depth energy audits to the owners and opera- Washington, Alaska, Idaho, and Oregon. erans who are individuals with disabilities; tors of small business concerns regarding en- (5) MATCHING REQUIREMENT.—Subpara- and ergy efficiency practices; graphs (A) and (B) of section 21(a)(4) of the (iii) any group or organization, the pri- (iv) give referrals to certified professionals Small Business Act (15 U.S.C. 648(a)(4)) shall mary purpose of which is to aid individuals and other providers of energy efficiency as- apply to assistance made available under the with disabilities or veterans who are individ- sistance who meet such standards for edu- Efficiency Pilot Program. uals with disabilities. cational, technical, and professional com- (6) GRANT AMOUNTS.—Each small business (C) PERMISSIBLE ACTIVITIES.—In carrying petency as the Administrator shall establish; development center selected to participate out the Telecommuting Pilot Program, the and in the Efficiency Pilot Program under para- Administrator may— (v) act as a facilitator between small busi- graph (4) shall be eligible to receive a grant (i) produce educational materials and con- ness concerns, electric utilities, lenders, and in an amount equal to— duct presentations designed to raise aware- the Administration to facilitate on-bill fi- (A) not less than $100,000 in each fiscal ness in the small business community of the nancing arrangements. year; and benefits and the ease of telecommuting; (B) REPORTS.—Each small business devel- (B) not more than $300,000 in each fiscal (ii) conduct outreach— opment center participating in the Effi- year. (I) to small business concerns that are con- ciency Pilot Program shall submit to the Ad- (7) EVALUATION AND REPORT.—The Comp- sidering offering telecommuting options; and ministrator and the Administrator of the troller General of the United States shall— (II) as provided in subparagraph (B); and Environmental Protection Agency an annual (A) not later than 30 months after the date (iii) acquire telecommuting technologies report that includes— of disbursement of the first grant under the and equipment to be used for demonstration (i) a summary of the energy efficiency as- Efficiency Pilot Program, initiate an evalua- purposes. sistance provided by that center under the tion of that pilot program; and (D) SELECTION OF REGIONS.—In determining Efficiency Pilot Program; (B) not later than 6 months after the date which regions will participate in the Tele- (ii) the number of small business concerns of the initiation of the evaluation under sub- commuting Pilot Program, the Adminis- assisted by that center under the Efficiency paragraph (A), submit to the Administrator, trator shall give priority consideration to re- Pilot Program; the Committee on Small Business and Entre- gions in which Federal agencies and private- (iii) statistics on the total amount of en- preneurship of the Senate, and the Com- sector employers have demonstrated a ergy saved as a result of assistance provided mittee on Small Business of the House of strong regional commitment to telecom- by that center under the Efficiency Pilot Representatives, a report containing— muting. Program; and (i) the results of the evaluation; and (2) REPORT TO CONGRESS.—Not later than 2 (iv) any additional information determined (ii) any recommendations regarding wheth- years after the date on which funds are first necessary by the Administrator, in consulta- er the Efficiency Pilot Program, with or appropriated to carry out this subsection, tion with the association. without modification, should be extended to the Administrator shall transmit to the (C) REPORTS TO CONGRESS.—Not later than include the participation of all small busi- 60 days after the date on which all reports Committee on Small Business and Entrepre- ness development centers. under subparagraph (B) relating to a year neurship of the Senate and the Committee (8) GUARANTEE.—The Administrator may are submitted, the Administrator shall sub- on Small Business of the House of Represent- guarantee the timely payment of a loan mit to the Committee on Small Business and atives a report containing the results of an Entrepreneurship of the Senate and the Com- made to a small business concern through an evaluation of the Telecommuting Pilot Pro- mittee on Small Business of the House of on-bill financing agreement on such terms gram and any recommendations regarding Representatives a report summarizing the and conditions as the Administrator shall es- whether the pilot program, with or without information regarding the Efficiency Pilot tablish through a formal rule making, after modification, should be extended to include Program submitted by small business devel- providing notice and an opportunity for com- the participation of all regions of the Admin- opment centers participating in that pro- ment. istration. gram. (9) AUTHORIZATION OF APPROPRIATIONS.— (3) TERMINATION.—The Telecommuting (3) ELIGIBILITY.—A small business develop- (A) IN GENERAL.—There are authorized to Pilot Program shall terminate 4 years after ment center shall be eligible to participate be appropriated from such sums as are al- the date on which funds are first appro- in the Efficiency Pilot Program only if that ready authorized under section 21 of the priated to carry out this subsection. center is certified under section 21(k)(2) of Small Business Act to carry out this sub- (4) AUTHORIZATION OF APPROPRIATIONS.— the Small Business Act (15 U.S.C. 648(k)(2)). section— There is authorized to be appropriated to the (4) SELECTION OF PARTICIPATING STATE PRO- (i) $5,000,000 for the first fiscal year begin- Administration $5,000,000 to carry out this GRAMS.— ning after the date of enactment of this Act; subsection. and (A) GROUPINGS.— (e) ENCOURAGING INNOVATION IN ENERGY EF- (ii) $5,000,000 for each of the 3 fiscal years (i) SELECTION OF PROGRAMS.—The Adminis- FICIENCY.—Section 9 of the Small Business following the fiscal year described in clause trator shall select the small business devel- Act (15 U.S.C. 638) is amended by adding at opment center programs of 2 States from (i). the end the following: each of the groupings of States described in (B) LIMITATION ON USE OF OTHER FUNDS.— clauses (ii) through (xi) to participate in the The Administrator may carry out the Effi- ‘‘(z) ENCOURAGING INNOVATION IN ENERGY pilot program established under this sub- ciency Pilot Program only with amounts ap- EFFICIENCY.— section. propriated in advance specifically to carry ‘‘(1) FEDERAL AGENCY ENERGY-RELATED PRI- (ii) GROUP 1.—Group 1 shall consist of out this subsection. ORITY.—In carrying out its duties under this Maine, Massachusetts, New Hampshire, Con- (10) TERMINATION.—The authority under section to SBIR and STTR solicitations by necticut, Vermont, and Rhode Island. this subsection shall terminate 4 years after Federal agencies, the Administrator shall— (iii) GROUP 2.—Group 2 shall consist of New the date of disbursement of the first grant ‘‘(A) ensure that such agencies give high York, New Jersey, Puerto Rico, and the Vir- under the Efficiency Pilot Program. priority to small business concerns that par- gin Islands. (d) SMALL BUSINESS TELECOMMUTING.— ticipate in or conduct energy efficiency or (iv) GROUP 3.—Group 3 shall consist of (1) PILOT PROGRAM.— renewable energy system research and devel- Pennsylvania, Maryland, West Virginia, Vir- (A) IN GENERAL.—In accordance with this opment projects; and ginia, the District of Columbia, and Dela- subsection, the Administrator shall conduct, ‘‘(B) include in the annual report to Con- ware. in not more than 5 of the regions of the Ad- gress under subsection (b)(7) a determination (v) GROUP 4.—Group 4 shall consist of Geor- ministration, a pilot program to provide in- of whether the priority described in subpara- gia, Alabama, North Carolina, South Caro- formation regarding telecommuting to em- graph (A) is being carried out. lina, Mississippi, Florida, Kentucky, and ployers that are small business concerns and ‘‘(2) CONSULTATION REQUIRED.—The Admin- Tennessee. to encourage such employers to offer tele- istrator shall consult with the heads of other (vi) GROUP 5.—Group 5 shall consist of Illi- commuting options to employees (in this Federal agencies and departments in deter- nois, Ohio, Michigan, Indiana, Wisconsin, subsection referred to as the ‘‘Telecom- mining whether priority has been given to and Minnesota. muting Pilot Program’’). small business concerns that participate in (vii) GROUP 6.—Group 6 shall consist of (B) SPECIAL OUTREACH TO INDIVIDUALS WITH or conduct energy efficiency or renewable Texas, New Mexico, Arkansas, Oklahoma, DISABILITIES.—In carrying out the Telecom- energy system research and development and Louisiana. muting Pilot Program, the Administrator projects, as required by this section.

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‘‘(3) GUIDELINES.—The Administrator shall, (1) 1 or more public or private nonprofit in- (4) COMPONENTS.—The study shall include— as soon as is practicable after the date of en- stitutions or national laboratories engaged (A) a description of the conditions under actment of this subsection, issue guidelines in research, development, demonstration, or which the requirements described in sub- and directives to assist Federal agencies in technology transfer, that would participate section (a)(2) should be suspended or reduced meeting the requirements of this section. substantially in the project; and to prevent adverse impacts to domestic ani- ‘‘(4) DEFINITIONS.—In this subsection— (2) 1 or more private entities engaged in mal agriculture feedstocks described in para- ‘‘(A) the term ‘biomass’— the manufacturing or development of renew- graph (3)(B); and ‘‘(i) means any organic material that is able energy system components (including (B) recommendations for the means by available on a renewable or recurring basis, solar energy, wind energy, biomass, geo- which the Federal Government could prevent including— thermal energy, energy storage, or fuel or minimize adverse economic hardships and ‘‘(I) agricultural crops; cells). impacts. ‘‘(II) trees grown for energy production; (e) ELIGIBLE PROJECTS.—An eligible entity (5) DEADLINE FOR COMPLETION OF STUDY.— ‘‘(III) wood waste and wood residues; may use an assistance award provided under Not later than 270 days after the date of en- ‘‘(IV) plants (including aquatic plants and this section to carry out a project relating actment of this Act, the Secretary shall sub- grasses); to— mit to Congress a report that describes the ‘‘(V) residues; (1) the conduct of studies of market oppor- results of the study. ‘‘(VI) fibers; tunities for component manufacturing of re- (6) PERIODIC REVIEWS.— ‘‘(VII) animal wastes and other waste ma- newable energy systems; (A) IN GENERAL.—To allow for the appro- terials; and (2) the conduct of multiyear applied re- priate adjustment of the requirements de- ‘‘(VIII) fats, oils, and greases (including re- search, development, demonstration, and de- scribed in subsection (a)(2), the Secretary cycled fats, oils, and greases); and ployment projects for advanced manufac- shall conduct periodic reviews of— ‘‘(ii) does not include— turing processes, materials, and infrastruc- (i) existing technologies; ‘‘(I) paper that is commonly recycled; or ture for renewable energy systems; and (ii) the feasibility of achieving compliance ‘‘(II) unsegregated solid waste; (3) other similar ventures, as approved by with the requirements; and ‘‘(B) the term ‘energy efficiency project’ the Secretary, that promote advanced manu- (iii) the impacts of the requirements de- means the installation or upgrading of equip- facturing of renewable technologies. scribed in subsection (a)(2) on each indi- ment that results in a significant reduction (f) CRITERIA AND GUIDELINES.—The Sec- vidual and entity described in paragraph (2). in energy usage; and retary shall establish criteria and guidelines (k) EFFECTIVE DATE.—Except as otherwise ‘‘(C) the term ‘renewable energy system’ for the submission, evaluation, and funding specifically provided in this section, this sec- means a system of energy derived from— of proposed projects under the Program. tion takes effect on the date on which the ‘‘(i) a wind, solar, biomass (including bio- (g) COST SHARING.—Section 988 of the En- National Academies of Science completes diesel), or geothermal source; or ergy Policy Act of 2005 (42 U.S.C. 16352) shall the study under subsection (j). ‘‘(ii) hydrogen derived from biomass or apply to a project carried out under this sec- water using an energy source described in tion. AMENDMENT NO. 1615, AS MODIFIED clause (i).’’. (h) DISCLOSURE.—Section 623 of the Energy At the end of title III, insert the following: AMENDMENT NO. 1595, AS MODIFIED Policy Act of 1992 (42 U.S.C. 13293) shall SEC. 305. ABRUPT CLIMATE CHANGE RESEARCH apply to a project carried out under this sub- On page 122, between lines 19 and 20, insert PROGRAM. section. the following: (a) ESTABLISHMENT OF PROGRAM.—The Sec- (i) SENSE OF THE SENATE.—It is the sense of (e) SET ASIDE FOR SMALL AUTOMOBILE MAN- retary of Commerce shall establish within the Senate that the Secretary should ensure UFACTURERS AND COMPONENT SUPPLIERS.— the Office of Oceanic and Atmospheric Re- that small businesses engaged in renewable (1) DEFINITION OF COVERED FIRM.—In this search of the National Oceanic and Atmos- manufacturing be considered for loan guar- subsection, the term ‘‘covered firm’’ means a pheric Administration, and shall carry out, a antees authorized under title XVII of the En- firm that— program of scientific research on abrupt cli- ergy Policy Act of 2005 (42 U.S.C. 16511 et (A) employs less than 500 individuals; and mate change. seq.). (b) PURPOSES OF PROGRAM.—The purposes (B) manufactures automobiles or compo- (j) AUTHORIZATION OF APPROPRIATIONS.— of the program are as follows: nents of automobiles. There is authorized to be appropriated out of (1) To develop a global array of terrestrial (2) SET ASIDE.—Of the amount of funds that funds already authorized to carry out this and oceanographic indicators of paleo-cli- are used to provide awards for each fiscal section $25,000,000 for each of fiscal years 2008 mate in order to sufficiently identify and de- year under this section, the Secretary shall through 2013, to remain available until ex- scribe past instances of abrupt climate use not less than 30 percent of the amount to pended. provide awards to covered firms or consortia change. AMENDMENT NO. 1679, AS MODIFIED led by a covered firm. (2) To improve understanding of thresholds On page 26, strike lines 19 through 21 and AMENDMENT NO. 1676, AS MODIFIED and nonlinearities in geophysical systems re- insert the following: lated to the mechanisms of abrupt climate On page 161, between lines 2 and 3, insert (j) STUDY OF IMPACT OF RENEWABLE FUEL the following: change. STANDARD.— (3) To incorporate such mechanisms into SEC. 26l. RENEWABLE ENERGY INNOVATION (1) IN GENERAL.—The Secretary shall enter advanced geophysical models of climate MANUFACTURING PARTNERSHIP. into an arrangement with the National (a) ESTABLISHMENT.—The Secretary shall change. Academy of Sciences under which the Acad- (4) To test the output of such models carry out a program, to be known as the Re- emy shall conduct a study to assess the im- newable Energy Innovation Manufacturing against an improved global array of records pact of the requirements described in sub- of past abrupt climate changes. Partnership Program (referred to in this sec- section (a)(2) on each industry relating to tion as the ‘‘Program’’), to make assistance (c) ABRUPT CLIMATE CHANGE DEFINED.—In the production of feed grains, livestock, food, this section, the term ‘‘abrupt climate awards to eligible entities for use in carrying and energy. out research, development, and demonstra- change’’ means a change in the climate that (2) PARTICIPATION.—In conducting the tion relating to the manufacturing of renew- occurs so rapidly or unexpectedly that study under paragraph (1), the National able energy technologies. human or natural systems have difficulty Academy of Sciences shall seek the partici- (b) SOLICITATION.—To carry out the Pro- adapting to the climate as changed. pation, and consider the input, of— gram, the Secretary shall annually conduct (d) AUTHORIZATION OF APPROPRIATIONS.—Of a competitive solicitation for assistance (A) producers of feed grains; such sums previously authorized, there is au- awards for an eligible project described in (B) producers of livestock, poultry, and thorized to be appropriated to the Depart- subsection (e). pork products; ment of Commerce for each of fiscal years (c) PROGRAM PURPOSES.—The purposes of (C) producers of food and food products; 2009 through 2014, to remain available until the Program are— (D) producers of energy; expended, such sums as are necessary, not to (1) to develop, or aid in the development of, (E) individuals and entities interested in exceed $10,000,000, to carry out the research advanced manufacturing processes, mate- issues relating to conservation, the environ- program required under this section. rials, and infrastructure; ment, and nutrition; and AMENDMENT NO. 1520, AS MODIFIED (2) to increase the domestic production of (F) users of renewable fuels. renewable energy technology and compo- (3) CONSIDERATIONS.—In conducting the At the end of subtitle D of title II, add the nents; and study, the National Academy of Sciences following: (3) to better coordinate Federal, State, and shall consider— SEC. 255. SUPPORT FOR ENERGY INDEPENDENCE private resources to meet regional and na- (A) the likely impact on domestic animal OF THE UNITED STATES. tional renewable energy goals through ad- agriculture feedstocks that, in any crop It is the policy of the United States to pro- vanced manufacturing partnerships. year, are significantly below current projec- vide support for projects and activities to fa- (d) ELIGIBLE ENTITIES.—An entity shall be tions; and cilitate the energy independence of the eligible to receive an assistance award under (B) policy options to alleviate the impact United States so as to ensure that all but 10 the Program to carry out an eligible project on domestic animal agriculture feedstocks percent of the energy needs of the United described in subsection (e) if the entity is that are significantly below current projec- States are supplied by domestic energy composed of— tions. sources.

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SEC. 256. ENERGY POLICY COMMISSION. (i) IN GENERAL.—Upon the request of the (A) the reduction in lifecycle greenhouse (a) ESTABLISHMENT.— Commission, the head of any Federal agency gas emissions of each fuel as compared to— (1) IN GENERAL.—There is established a may detail, without reimbursement, any of (i) the fuel emission baseline; and commission, to be known as the ‘‘National the personnel of the Federal agency to the (ii) the greenhouse gas emissions of other Commission on Energy Independence’’ (re- Commission to assist in carrying out the du- sectors, such as the agricultural, industrial, ferred to in this section as the ‘‘Commis- ties of the Commission. and manufacturing sectors; sion’’). (ii) NATURE OF DETAIL.—Any detail of a (B) the contribution of the fuel toward en- (2) MEMBERSHIP.—The Commission shall be Federal employee under clause (i) shall not hancing the energy security of the United composed of 15 members, of whom— interrupt or otherwise affect the civil service States by displacing imported petroleum and (A) 3 shall be appointed by the President; status or privileges of the Federal employee. petroleum products; (B) 3 shall be appointed by the majority (B) TECHNICAL ASSISTANCE.—Upon the re- (C) any impacts of the fuel on wildlife leader of the Senate; quest of the Commission, the head of a Fed- habitat, biodiversity, water quality, and air (C) 3 shall be appointed by the minority eral agency shall provide such technical as- quality; and leader of the Senate; sistance to the Commission as the Commis- (D) any effect of the fuel with respect to (D) 3 shall be appointed by the Speaker of sion determines to be necessary to carry out rural and regional economies; the House of Representatives; and the duties of the Commission. (4) conducting research to determine to (E) 3 shall be appointed by the minority (e) RESOURCES.— what extent the use of low-carbon fuels in leader of the House of Representatives. (1) IN GENERAL.—The Commission shall the transportation sector would impact (3) CO-CHAIRPERSONS.— have reasonable access to materials, re- greenhouse gas emissions in other sectors, (A) IN GENERAL.—The President shall des- sources, statistical data, and such other in- such as the agricultural, industrial, and ignate 2 co-chairpersons from among the formation from Executive agencies as the manufacturing sectors; members of the Commission appointed. Commission determines to be necessary to (5) conducting research for the develop- (B) POLITICAL AFFILIATION.—The co-chair- carry out the duties of the Commission. ment of the supply infrastructure that may persons designated under subparagraph (A) (2) FORM OF REQUESTS.—The co-chair- provide renewable biomass feedstocks in a shall not both be affiliated with the same po- persons of the Commission shall make re- consistent, predictable, and environ- litical party. quests for access described in paragraph (1) mentally-sustainable manner; (4) DEADLINE FOR APPOINTMENT.—Members in writing, as necessary. (6) conducting research for the develop- of the Commission shall be appointed not AMENDMENT NO. 1700, AS MODIFIED ment of supply infrastructure that may pro- later than 90 days after the date of enact- vide renewable low-carbon fuels in a con- ment of this Act. At the end of subtitle B of title I, add the following: sistent, predictable, and environmentally- (5) TERM; VACANCIES.— sustainable manner; and (A) TERM.—A member of the Commission SEC. 13l. RESEARCH AND DEVELOPMENT IN SUPPORT OF LOW-CARBON FUELS. (7) conducting policy research on the glob- shall be appointed for the life of the Commis- al movement of low-carbon fuels in a con- (a) DECLARATION OF POLICY.—Congress de- sion. sistent, predictable, and environmentally- (B) VACANCIES.—Any vacancy in the Com- clares that, in order to achieve maximum re- ductions in greenhouse gas emissions, en- sustainable manner. mission— (e) AUTHORIZATION OF APPROPRIATIONS.—Of hance national security, and ensure the pro- (i) shall not affect the powers of the Com- the funding authorized under section 122, tection of wildlife habitat, biodiversity, mission; and there are authorized to be appropriated to water quality, air quality, and rural and re- (ii) shall be filled in the same manner as carry out this section— gional economies throughout the lifecycle of the original appointment. (1) $45,000,000 for fiscal year 2009; each low-carbon fuel, it is necessary and de- (b) PURPOSE.—The Commission shall con- (2) $50,000,000 for fiscal year 2010; sirable to undertake a combination of basic duct a comprehensive review of the energy (3) $55,000,000 for fiscal year 2011; and applied research, as well as technology policy of the United States by— (4) $60,000,000 for fiscal year 2012; and development and demonstration, involving (1) reviewing relevant analyses of the cur- (5) $65,000,000 for fiscal year 2013. rent and long-term energy policy of, and con- the colleges and universities of the United AMENDMENT NO. 1724 ditions in, the United States; States, in partnership with the Federal Gov- (2) identifying problems that may threaten ernment, State governments, and the private (Purpose: To modify the deadline by which the achievement by the United States of sector. the President is required to approve or dis- long-term energy policy goals, including en- (b) PURPOSE.—The purpose of this section approve a certain State petition) ergy independence; is to provide for research support to facili- On page 21, line 17, strike ‘‘90’’ and insert (3) analyzing potential solutions to prob- tate the development of sustainable markets ‘‘30’’. lems that threaten the long-term ability of and technologies to produce and use woody The PRESIDING OFFICER. Under the United States to achieve those energy biomass and other low-carbon fuels for the the previous order, amendment No. policy goals; and production of thermal and electric energy, 1502, as amended, is agreed to. (4) providing recommendations that will biofuels, and bioproducts. The amendment (No. 1502), as amend- ensure, to the maximum extent practicable, (c) DEFINITION OF FUEL EMISSION BASE- ed, was agreed to. that the energy policy goals of the United LINE.—In this section, the term ‘‘fuel emis- The PRESIDING OFFICER. Under States are achieved. sion baseline’’ means the average lifecycle the previous order, the question is on greenhouse gas emissions per unit of energy (c) REPORT AND RECOMMENDATIONS.— the engrossment of the amendments (1) IN GENERAL.—Not later than December of the fossil fuel component of conventional 31 of each of calendar years 2009, 2011, 2013, transportation fuels in commerce in the and third reading of the bill. and 2015, the Commission shall submit to United States in calendar year 2008, as deter- The amendments were ordered to be Congress and the President a report on the mined by the President. engrossed and the bill to be read a progress of United States in meeting the (d) GRANT PROGRAM.—The President shall third time. long-term energy policy goal of energy inde- establish a program to provide to eligible en- The bill was read the third time. pendence, including a detailed statement of tities (as identified by the President) grants CLOTURE MOTION the consensus findings, conclusions, and rec- for use in— The PRESIDING OFFICER. Under ommendations of the Commission. (1) providing financial support for not more the previous order and pursuant to rule (2) LEGISLATIVE LANGUAGE.—If a rec- than 4 nor less than 6 demonstration facili- XXII, the Chair lays before the Senate ties that— ommendation submitted under paragraph (1) the pending cloture motion, which the involves legislative action, the report shall (A) use woody biomass to deploy advanced include proposed legislative language to technologies for production of thermal and clerk will report. carry out the action. electric energy, biofuels, and bioproducts; The legislative clerk read as follows: (d) COMMISSION PERSONNEL MATTERS.— and CLOTURE MOTION (1) STAFF AND DIRECTOR.—The Commission (B) are targeted at regional feedstocks and We, the undersigned Senators, in accord- shall have a staff headed by an Executive Di- markets; ance with the provisions of rule XXII of the rector. (2) conducting targeted research for the de- Standing Rules of the Senate, do hereby (2) STAFF APPOINTMENT.—The Executive velopment of cellulosic ethanol and other move to bring to a close debate on Calendar Director may appoint such personnel as the liquid fuels from woody or other biomass No. 9, H.R. 6, Comprehensive Energy legisla- Executive Director and the Commission de- that may be used in transportation or sta- tion. termine to be appropriate. tionary applications, such as industrial proc- Jeff Bingaman, Barbara Boxer, Patty (3) EXPERTS AND CONSULTANTS.—With the esses or industrial, commercial, and residen- Murray, John Kerry, Robert Menendez, approval of the Commission, the Executive tial heating; Kent Conrad, Pat Leahy, Russell Fein- Director may procure temporary and inter- (3) conducting research into the best sci- gold, Jack Reed, Christopher Dodd, mittent services under section 3109(b) of title entifically-based and periodically-updated Ken Salazar, Joe Biden, Frank R. Lau- 5, United States Code. methods of assessing and certifying the im- tenberg, Daniel K. Inouye, Dianne (4) FEDERAL AGENCIES.— pacts of each low-carbon fuel with respect Feinstein, Jay Rockefeller, Byron L. (A) DETAIL OF GOVERNMENT EMPLOYEES.— to— Dorgan.

VerDate Mar 15 2010 22:20 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S21JN7.REC S21JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 21, 2007 CONGRESSIONAL RECORD — SENATE S8221 The PRESIDING OFFICER. By unan- There is a sufficient second. be a period for the transaction of morn- imous consent, the mandatory quorum The clerk will call the roll. ing business, with Senators permitted call has been waived. The legislative clerk called the roll. to speak therein for up to 10 minutes The question is, Is it the sense of the Mr. DURBIN. I announce that the each. Senate that debate on the bill (H.R. 6) Senator from California (Mrs. BOXER) The PRESIDING OFFICER. Without to reduce our Nation’s dependency on and the Senator from South Dakota objection, it is so ordered. foreign oil by investing in clean, re- (Mr. JOHNSON) are necessarily absent. newable, and alternative energy re- Mr. LOTT. The following Senators f sources, promoting new emerging en- are necessarily absent: the Senator HEAD START REAUTHORIZATION ergy technologies, developing greater from Missouri (Mr. BOND), the Senator Mr. REID. Mr. President, I am efficiency, and creating a Strategic En- from Kansas (Mr. BROWNBACK), the pleased to speak today about the pas- ergy Efficiency and Renewables Re- Senator from Oklahoma (Mr. COBURN), serve to invest in alternative energy, the Senator from Arizona (Mr. sage of H.R. 1429, the Head Start for School Readiness Act. This bipartisan and for other purposes, shall be MCCAIN), and the Senator from Ala- legislation reauthorizes the Head Start brought to a close? bama (Mr. SHELBY). The yeas and nays are mandatory The PRESIDING OFFICER. Are there program, something the Congress has under the rule. any other Senators in the Chamber de- not done since 2003. The clerk will call the roll. siring to vote? In 1965, President Lyndon Johnson The legislative clerk called the roll. The result was announced—yeas 65, launched a summer program for low-in- Mr. DURBIN. I announce that the nays 27, as follows: come children and their families, and called it Project Head Start. The pro- Senator from California (Mrs. BOXER) [Rollcall Vote No. 226 Leg.] and the Senator from South Dakota gram’s mission was simple: prepare YEAS—65 low-income, preschool-aged children (Mr. JOHNSON) are necessarily absent. Akaka Durbin Nelson (NE) Mr. LOTT. The following Senators for success in school. Today, Head Alexander Ensign Obama Start serves children and their families are necessarily absent: the Senator Baucus Feingold Pryor in urban and rural areas across the from Kansas (Mr. BROWNBACK), the Bayh Feinstein Reed Biden Grassley United States. And, since its inception, Senator from Oklahoma (Mr. COBURN), Reid Bingaman Gregg Rockefeller more than 20 million children and fam- and the Senator from Arizona (Mr. Brown Harkin Salazar ilies have benefited from the Head MCCAIN). Byrd Inouye Sanders Cantwell Kennedy Start program. The PRESIDING OFFICER. Are there Schumer Cardin Kerry Sessions Nevada’s eight centers range from a any other Senators in the Chamber de- Carper Klobuchar Smith Head Start and Early Head Start Cen- siring to vote? Casey Kohl Snowe The yeas and nays resulted—yeas 62, Clinton Lautenberg ter in rural Ely, to larger, more urban Coleman Leahy Specter centers in Reno, to a Tribal Head Start nays 32, as follows: Stevens Collins Lieberman center in Gardnerville. Each of these [Rollcall Vote No. 225 Leg.] Conrad Lincoln Sununu Tester programs is unique and, with the input YEAS—62 Corker Lugar Craig Menendez Thune and involvement of parents and fami- Akaka Ensign Nelson (FL) Crapo Mikulski Warner lies, help meet the needs of the com- Alexander Feingold Nelson (NE) Dodd Murkowski Webb Baucus Feinstein Obama Domenici Murray Whitehouse munities they serve. Biden Graham Reed Dorgan Nelson (FL) Wyden Head Start currently provides com- Bingaman Grassley Reid prehensive early education and health Brown Gregg Rockefeller NAYS—27 Byrd Harkin services to almost one million low-in- Salazar Allard Enzi Levin come preschool children to help them Cantwell Inouye Sanders Bennett Graham Lott Cardin Kennedy Schumer Bunning Hagel Martinez prepare for and succeed in school. Un- Carper Kerry Smith Burr Hatch McCaskill fortunately, this is only a fraction of Casey Klobuchar Snowe Chambliss Hutchison McConnell the number of children that could ben- Clinton Kohl Cochran Inhofe Roberts Coleman Lautenberg Specter efit from Head Start services. In my Stevens Cornyn Isakson Stabenow Collins Leahy DeMint Kyl Vitter Sununu own state of Nevada, there are just Conrad Lieberman Dole Landrieu Voinovich Corker Lincoln Tester under 10,000 3- and 4-year-olds that are Craig Lugar Thune NOT VOTING—7 eligible for Head Start programs. But, Warner Crapo Menendez Bond Coburn Shelby last year, only about 27 percent of Webb Dodd Mikulski Boxer Johnson those eligible were able to participate. Whitehouse Dorgan Murkowski Brownback McCain Durbin Murray Wyden The bill that we have passed will The bill (H.R. 6), as amended, was allow many of these children in Nevada NAYS—32 passed, as follows: and across the Nation to get the early Allard Domenici Martinez (The bill will be printed in a future childhood services that they need, by Bayh Enzi McCaskill Bennett Hagel McConnell edition of the RECORD.) expanding access and eligibility for Bond Hatch Pryor Ms. KLOBUCHAR. Mr. President, I low-income children and families. Bunning Hutchison Roberts move to reconsider the vote, and I The legislation also makes a number Burr Inhofe Sessions Chambliss Isakson move to lay that motion on the table. of other important changes to the Head Shelby Start program. It focuses on developing Cochran Kyl Stabenow The motion to lay on the table was Cornyn Landrieu Vitter agreed to. the skills that children will need to DeMint Levin Voinovich enter school ready to learn by aligning Dole Lott Mr. REID. Mr. President, due to a family obligation, Senator BOXER was Head Start standards and services with NOT VOTING—5 unable to attend today’s session. Had state child care and preschool pro- Boxer Coburn McCain she been present for the vote to invoke grams and local public schools, and re- Brownback Johnson cloture on the Baucus energy tax pack- quiring new research-based standards The PRESIDING OFFICER. On this age, she would have cast a vote of and assessments. vote, the yeas are 62, the nays are 32. ‘‘aye’’. She would have also cast a vote And, to ensure that Head Start pro- Three-fifths of the Senators duly cho- of ‘‘aye’’ on the motion to invoke clo- grams are effective, the bill requires sen and sworn having voted in the af- ture on the Reid substitute, cloture on greater accountability through im- firmative, the motion is agreed to. the underlying bill, and on final pas- proved monitoring and recompetition Under the previous order, the ques- sage of H.R. 6. for poor performing Head Start cen- tion is, Shall the bill pass? f ters. Finally, this bill strengthens the Mr. DURBIN. Mr. President, I ask for Head Start workforce by setting new the yeas and nays. MORNING BUSINESS education and training goals for Head The PRESIDING OFFICER. Is there a Ms. KLOBUCHAR. Mr. President, I Start teachers and curriculum special- sufficient second? ask unanimous consent that there now ists.

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