H8792 CONGRESSIONAL RECORD — HOUSE December 21, 2010 The Shark Conservation Act would end the The SPEAKER pro tempore. The revolving loans, as determined by the Adminis- practice of shark finning in U.S. waters. question is on the motion offered by trator, on a competitive basis, to eligible entities, However, domestic protections alone will not the gentlewoman from Guam (Ms. including through contracts entered into under save sharks. subsection (e) of this section,’’; and BORDALLO) that the House suspend the (B) in paragraph (1), by striking ‘‘tons of’’; We need further safeguards to keep marine rules and concur in the Senate amend- (3) in subsection (b)— ecosystems and top predator populations ment to the bill, H.R. 81. (A) by striking paragraph (2); healthy. The Shark Conservation Act will bol- The question was taken; and (two- (B) by redesignating paragraph (3) as para- ster the U.S.’s position when negotiating for thirds being in the affirmative) the graph (2); and increased international fishery protections. rules were suspended and the Senate (C) in paragraph (2) (as so redesignated)— (i) in subparagraph (A), in the matter pre- Healthy shark populations in our waters can amendment was concurred in. help drive our economy and make our seas ceding clause (i), by striking ‘‘90’’ and inserting A motion to reconsider was laid on ‘‘95’’; thrive. the table. This bill is not just about preserving a spe- (ii) in subparagraph (B)(i), by striking ‘‘10 f percent’’ and inserting ‘‘5 percent’’; and cies, but about preserving an ecosystem, an (iii) in subparagraph (B)(ii), by striking ‘‘the economy, and a sustainable future. DIESEL EMISSIONS REDUCTION application under subsection (c)’’ and inserting I urge all of my colleagues to vote in sup- ACT OF 2010 ‘‘a verification application’’; port of H.R. 81. (4) in subsection (c)— Mr. FARR. Madam Speaker, I rise today in Mr. WAXMAN. Madam Speaker, I (A) by redesignating paragraphs (2) and (3) as support of the Senate Amendment to H.R. 81, move to suspend the rules and concur paragraphs (3) and (4), respectively; The Shark Conservation Act of 2010. I am in the Senate amendments to the bill (B) by striking paragraph (1) and inserting pleased that the Senate has taken up and (H.R. 5809) to amend the Controlled the following: Substances Act to provide for take- ‘‘(1) EXPEDITED PROCESS.— passed this bill with so little time left in the ‘‘(A) IN GENERAL.—The Administrator shall 111th Congress, and I urge my colleagues to back disposal of controlled substances in certain instances, and for other pur- develop a simplified application process for all follow suit and vote ‘‘yes’’ to the Senate applicants under this section to expedite the Amendment to H.R. 81 so that we can send poses. provision of funds. this important piece of legislation to the Presi- The Clerk read the title of the bill. ‘‘(B) REQUIREMENTS.—In developing the expe- dent’s desk. The text of the Senate amendments dited process under subparagraph (A), the Ad- This bill seeks to adopt important and nec- is as follows: ministrator— essary conservation measures for sharks. Senate amendments: ‘‘(i) shall take into consideration the special circumstances affecting small fleet owners; and Specifically, and perhaps most importantly, the Strike all after the enacting clause and ‘‘(ii) to avoid duplicative procedures, may re- bill amends the High Seas Driftnet Fishing insert the following: quire applicants to include in an application Moratorium Protection Act to prohibit shark-fin- SECTION 1. SHORT TITLE. under this section the results of a competitive ning. Shark-finning is the removal of any fins This Act may be cited as the ‘‘Diesel Emissions bidding process for equipment and installation. of a shark (including the tail), and discarding Reduction Act of 2010’’. ‘‘(2) ELIGIBILITY.— the carcass of the shark at sea. The practice SEC. 2. DIESEL EMISSIONS REDUCTION PRO- ‘‘(A) GRANTS.—To be eligible to receive a has egregious effects on shark populations GRAM. grant under this section, an eligible entity shall submit to the Administrator an application at worldwide and the fins remain in high demand (a) DEFINITIONS.—Section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131) is amended— such time, in such manner, and containing such for use in ‘‘shark fin soup’’—an Asian delicacy. (1) in paragraph (3)— information as the Administrator may require. It is estimated that 73 million sharks are killed (A) in subparagraph (A), by striking ‘‘and’’ at ‘‘(B) REBATES AND LOW-COST LOANS.—To be each year as a result of shark-finning. In short, the end; eligible to receive a rebate or a low-cost loan this practice takes a tremendous toll on shark (B) in subparagraph (B), by striking the pe- under this section, an eligible entity shall sub- populations. riod at the end and inserting ‘‘; and’’; and mit an application in accordance with such In addition, many shark species are threat- (C) by adding at the end the following: guidance as the Administrator may establish— ened or endangered, making the conservation ‘‘(C) any private individual or entity that— ‘‘(i) to the Administrator; or ‘‘(i) is the owner of record of a diesel vehicle ‘‘(ii) to an entity that has entered into a con- measures set forth by this bill timely and nec- tract under subsection (e).’’; essary. Sharks are one of the top predators in or fleet operated pursuant to a contract, license, or lease with a Federal department or agency or (C) in paragraph (3)(G) (as redesignated by our oceans, and a loss in their population an entity described in subparagraph (A); and subparagraph (A)), by inserting ‘‘in the case of would lead to permanent and detrimental ef- ‘‘(ii) meets such timely and appropriate re- an application relating to nonroad engines or fects on the entire marine environment. The quirements as the Administrator may establish vehicles,’’ before ‘‘a description of the diesel’’; loss of top predators in the marine environ- for vehicle use and for notice to and approval and ment upsets the balance of our oceans, caus- by the Federal department or agency or entity (D) in paragraph (4) (as redesignated by sub- described in subparagraph (A) with respect to paragraph (A))— ing severe and sometimes irreversible con- (i) in the matter preceding subparagraph sequences. which the owner has entered into a contract, li- cense, or lease as described in clause (i).’’; (A)— We take so much from our ocean, and yet (I) by inserting ‘‘, rebate,’’ after ‘‘grant’’; and (2) in paragraph (4), by inserting ‘‘currently, (II) by inserting ‘‘highest’’ after ‘‘shall give’’; give nothing back. Protecting and conserving or has not been previously,’’ after ‘‘that is not’’; (ii) in subparagraph (C)(iii)— its depleting resources should be a top priority (3) by striking paragraph (9); (I) by striking ‘‘a diesel fleets’’ and inserting because before long there will be nothing left (4) by redesignating paragraph (8) as para- ‘‘diesel fleets’’; and to take. graph (9); For these reasons I urge my colleagues to (II) by inserting ‘‘construction sites, schools,’’ (5) in paragraph (9) (as so redesignated), in after ‘‘terminals,’’; vote ‘‘yes’’ on the Senate Amendment to H.R. the matter preceding subparagraph (A), by (iii) in subparagraph (E), by adding ‘‘and’’ at 81. striking ‘‘, advanced truckstop electrification the end; Mr. HASTINGS of Washington. I system,’’; and (iv) in subparagraph (F), by striking ‘‘; and’’ yield back the balance of my time. (6) by inserting after paragraph (7) the fol- and inserting a period; and Ms. BORDALLO. Madam Speaker, in lowing: (v) by striking subparagraph (G); closing, I urge all Members to support ‘‘(8) STATE.—The term ‘State’ means the sev- (5) in subsection (d)— eral States, the District of Columbia, the Com- this bill. (A) in paragraph (1), in the matter preceding monwealth of Puerto Rico, Guam, the United subparagraph (A), by inserting ‘‘, rebate,’’ after In our last business before the House States Virgin Islands, American Samoa, and the for the Natural Resources Committee ‘‘grant’’; and Commonwealth of the Northern Mariana Is- (B) in paragraph (2)(A)— this year, I would like to thank the lands.’’. (i) by striking ‘‘grant or loan provided’’ and gentleman from Washington for his co- (b) NATIONAL GRANT, REBATE, AND LOAN PRO- inserting ‘‘grant, rebate, or loan provided, or operation in this bill, and for all of the GRAMS.—Section 792 of the Energy Policy Act of contract entered into,’’; and opportunities that we have had to work 2005 (42 U.S.C. 16132) is amended— (ii) by striking ‘‘Federal, State or local law’’ together in this Congress. Moreover, I (1) in the section heading, by inserting ‘‘, RE- and inserting ‘‘any Federal law, except that this wish him good luck as the new chair- BATE,’’ after ‘‘GRANT’’; subparagraph shall not apply to a mandate in a (2) in subsection (a)— man of the committee next year, and State implementation plan approved by the Ad- (A) in the matter preceding paragraph (1), by ministrator under the Clean Air Act’’; and look forward to working with him in striking ‘‘to provide grants and low-cost revolv- (6) by adding at the end the following: the next capacity. ing loans, as determined by the Administrator, ‘‘(e) CONTRACT PROGRAMS.— Madam Speaker, I yield back the bal- on a competitive basis, to eligible entities’’ and ‘‘(1) AUTHORITY.—In addition to the use of ance of my time. inserting ‘‘to provide grants, rebates, or low-cost contracting authority otherwise available to the

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Administrator, the Administrator may enter into ‘‘(4) PRIORITY.—In providing grants, rebates, shall take effect on the date of enactment of this contracts with eligible contractors described in and loans under this section, a State shall use Act. paragraph (2) for the administration of pro- the priorities in section 792(c)(4). Amend the title so as to read: ‘‘An grams for providing rebates or loans, subject to ‘‘(5) PUBLIC NOTIFICATION.—Not later than 60 Act to amend the Energy Policy Act of the requirements of this subtitle. days after the date of the award of a grant, re- 2005 to reauthorize and modify provi- ‘‘(2) ELIGIBLE CONTRACTORS.—The Adminis- bate, or loan by a State, the State shall publish trator may enter into a contract under this sub- on the Web site of the State— sions relating to the diesel emissions section with a for-profit or nonprofit entity that ‘‘(A) for rebates, grants, and loans provided to reduction program.’’. has the capacity— the owner of a diesel vehicle or fleet, the total The SPEAKER pro tempore. Pursu- ‘‘(A) to sell diesel vehicles or equipment to, or number and dollar amount of rebates, grants, or ant to the rule, the gentleman from to arrange financing for, individuals or entities loans provided, as well as a breakdown of the California (Mr. WAXMAN) and the gen- that own a diesel vehicle or fleet; or technologies funded through the rebates, grants, tleman from Texas (Mr. BURGESS) each ‘‘(B) to upgrade diesel vehicles or equipment or loans; and will control 20 minutes. with verified or Environmental Protection Agen- ‘‘(B) for other rebates, grants, and loans, a The Chair recognizes the gentleman cy-certified engines or technologies, or to ar- description of each application for which the from California. range financing for such upgrades. grant, rebate, or loan is provided.’’. GENERAL LEAVE ‘‘(f) PUBLIC NOTIFICATION.—Not later than 60 (d) EVALUATION AND REPORT.—Section 794(b) days after the date of the award of a grant, re- of the Energy Policy Act of 2005 (42 U.S.C. Mr. WAXMAN. Madam Speaker, I ask bate, or loan, the Administrator shall publish on 16134(b)) is amended— unanimous consent that all Members the website of the Environmental Protection (1) in each of paragraphs (2) through (5) by may have 5 legislative days in which to Agency— inserting ‘‘, rebate,’’ after ‘‘grant’’ each place it revise and extend their remarks and in- ‘‘(1) for rebates and loans provided to the appears; clude extraneous material in the owner of a diesel vehicle or fleet, the total num- (2) in paragraph (5), by striking ‘‘and’’ at the RECORD. ber and dollar amount of rebates or loans pro- end; The SPEAKER pro tempore. Is there vided, as well as a breakdown of the tech- (3) in paragraph (6), by striking the period at objection to the request of the gen- nologies funded through the rebates or loans; the end and inserting ‘‘; and’’; and and (4) by adding at the end the following new tleman from California? ‘‘(2) for other rebates and loans, and for paragraph: There was no objection. grants, a description of each application for ‘‘(7) in the last report sent to Congress before Mr. WAXMAN. Madam Speaker, I which the grant, rebate, or loan is provided.’’. January 1, 2016, an analysis of the need to con- yield myself such time as I may con- (c) STATE GRANT, REBATE, AND LOAN PRO- tinue the program, including an assessment of sume. GRAMS.—Section 793 of the Energy Policy Act of the size of the vehicle and engine fleet that I urge my colleagues to vote in favor 2005 (42 U.S.C. 16133) is amended— could provide benefits from being retrofit under of H.R. 5809, an act to reauthorize the (1) in the section heading, by inserting ‘‘, RE- this program and a description of the number Diesel Emissions Reduction Act, or BATE,’’ after ‘‘GRANT’’; and types of applications that were not granted DERA. Since its enactment in 2005, (2) in subsection (a), by inserting ‘‘, rebate,’’ in the preceding year.’’. DERA has provided significant public after ‘‘grant’’; (e) AUTHORIZATION OF APPROPRIATIONS.—Sec- (3) in subsection (b)(1), by inserting ‘‘, re- tion 797 of the Energy Policy Act of 2005 (42 health benefits, improved our national bate,’’ after ‘‘grant’’; U.S.C. 16137) is amended to read as follows: energy security, and helped create jobs. (4) by amending subsection (c)(2) to read as ‘‘SEC. 797. AUTHORIZATION OF APPROPRIATIONS. Today’s bill will authorize the continu- follows: ‘‘(a) IN GENERAL.—There is authorized to be ation of this successful program for ‘‘(2) ALLOCATION.— appropriated to carry out this subtitle 2012 through 2016. It also slightly modi- ‘‘(A) IN GENERAL.—Except as provided in sub- $100,000,000 for each of fiscal years 2012 through fies the program to improve its effec- paragraphs (B) and (C), using not more than 20 2016, to remain available until expended. tiveness and administration. percent of the funds made available to carry out ‘‘(b) MANAGEMENT AND OVERSIGHT.—The Ad- Diesel engines are the workhorses of this subtitle for a fiscal year, the Administrator ministrator may use not more than 1 percent of shall provide to each State qualified for an allo- the economy. They are used to take the amounts made available under subsection students to school, to build roads and cation for the fiscal year an allocation equal to (a) for each fiscal year for management and 1 buildings, and to transport goods over ⁄53 of the funds made available for that fiscal oversight purposes.’’. year for distribution to States under this para- roads, rails, and waterways. Diesel en- graph. SEC. 3. AUDIT. gines have long had a reputation for (a) IN GENERAL.—Not later than 360 days ‘‘(B) CERTAIN TERRITORIES.— being dirty, but that reputation is ‘‘(i) IN GENERAL.—Except as provided in after the date of enactment of this Act, the Comptroller General of the United States shall changing. New diesel engines and vehi- clause (ii), Guam, the United States Virgin Is- cles must meet tough standards set by lands, American Samoa, and the Commonwealth carry out an audit to identify— of the Northern Mariana Islands shall collec- (1) all Federal mobile source clean air grant, the Environmental Protection Agency. rebate, or low cost revolving loan programs However, there are millions of older tively receive an allocation equal to 1⁄53 of the funds made available for that fiscal year for dis- under the authority of the Administrator of the diesel engines now in use that have tribution to States under this subsection, divided Environmental Protection Agency, the Secretary very high emissions, causing a number equally among those 4 States. of Transportation, or other relevant Federal of public health and environmental agency heads that are designed to address diesel ‘‘(ii) EXCEPTION.—If any State described in problems, including premature death. emissions from, or reduce diesel fuel usage by, clause (i) does not qualify for an allocation These engines have long useful lives, under this paragraph, the share of funds other- diesel engines and vehicles; and (2) whether, and to what extent, duplication up to 25 years, so absent incentives to wise allocated for that State under clause (i) clean them up, we will be suffering shall be reallocated pursuant to subparagraph or overlap among, or gaps between, these Fed- (C). eral mobile source clean air programs exists. from their pollution for a long time. ‘‘(C) REALLOCATION.—If any State does not (b) REPORT.—The Comptroller General of the DERA is designed to use voluntary qualify for an allocation under this paragraph, United States shall— partnership approaches to reduce pollu- the share of funds otherwise allocated for that (1) submit to the Committee on Environment tion from these existing engines and State under this paragraph shall be reallocated and Public Works of the Senate and the Com- vehicles. DERA authorizes EPA and to each remaining qualified State in an amount mittee on Energy and Commerce of the House of the States to use loans and grants to Representatives a copy of the audit under sub- equal to the product obtained by multiplying— help clean up existing dirty diesel en- ‘‘(i) the proportion that the population of the section (a); and (2) make a copy of the audit under subsection gines and vehicles. Today’s bill would State bears to the population of all States de- also permit EPA to run rebate pro- scribed in paragraph (1); by (a) available on a publicly accessible Internet ‘‘(ii) the amount otherwise allocatable to the site. grams for clean diesel technology. nonqualifying State under this paragraph.’’; (c) OFFSET.—All unobligated amounts pro- All 50 States and D.C. have estab- (5) in subsection (d)— vided to carry out the pilot program under title lished DERA programs. Today’s bill (A) in paragraph (1), by inserting ‘‘, rebate,’’ I of division G of the Omnibus Appropriations would allow Puerto Rico, the Virgin Is- after ‘‘grant’’; Act, 2009 (Public Law 111–8; 123 Stat. 814) under lands, American Samoa, and the North- (B) in paragraph (2), by inserting ‘‘, rebates,’’ the heading ‘‘MISCELLANEOUS ITEMS’’ are re- ern Mariana Islands to do the same. scinded. after ‘‘grants’’; DERA projects have included retro- (C) in paragraph (3), in the matter preceding SEC. 4. EFFECTIVE DATE. fitting schoolbuses to reduce children’s subparagraph (A), by striking ‘‘grant or loan (a) GENERAL RULE.—Except as provided in provided under this section may be used’’ and subsection (b), the amendments made by section exposure to harmful air pollution, inserting ‘‘grant, rebate, or loan provided under 2 shall take effect on October 1, 2011. repowering locomotives used at sea- this section shall be used’’; and (b) EXCEPTION.—The amendments made by ports to save fuel and reduce emissions (D) by adding at the end the following: subsections (a)(4) and (6) and (c)(4) of section 2 in the surrounding neighborhoods, and

VerDate Mar 15 2010 07:12 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.002 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8794 CONGRESSIONAL RECORD — HOUSE December 21, 2010 replacing high-emitting construction month ago. But here we still are, con- enough damage. Go home and let us equipment. Clean diesel funding has tinuing to pass legislation that is going send new people to do the job. also been used to help small- and me- to affect the lives of Americans well Well, the new people are waiting in dium-sized trucking companies afford into this decade. And you have to ask the wings, 80 freshmen on my side, clean technologies. yourself: Why is it that we are here ready to take the reins of power. Yet I was pleased to see EPA’s recent ac- doing this at this time? here we are at the 11th hour continuing tion stating a preference for programs Now, the bill before us is not nec- to push policy across the floor. Wheth- for truckers that couple fuel conserva- essarily bad policy. In fact, it was part er it be good or bad policy at this point tion technology with emissions reduc- of the Energy Policy Act of 2005. I is not the point. The point is this Con- tion technologies, including anti-idling voted in favor of that bill in 2005, and gress should have long ago gone home technologies, over programs that only this reauthorizes a segment of it to and wrapped up its business. have fuel conservation provisions. This deal with diesel emission reductions. I reserve the balance of my time. approach is consistent with the DERA And, all in all, it has been a good pro- Mr. WAXMAN. Madam Speaker, we program as amended by this bill. gram. are paid until the end of the year. We DERA is delivering numerous bene- The chairman is right; the amount of are here to do our job. The American fits. EPA estimates that every $1 spent appropriations that are being author- people said to work things out on a bi- on clean diesel projects generates up to ized has been reduced from what was partisan basis. That is what we have $13 of public health benefits. DERA originally prescribed under the Energy done with this legislation. also helps reduce our dependence on Policy Act of 2005, and, all in all, that I am pleased to yield 5 minutes to my foreign oil. From projects funded in is a good thing. It is attributable to the good friend from southern California just the first year of the program, EPA fact that this has been a successful pro- (Ms. RICHARDSON). estimates that the country will save gram and that its need going forward is Ms. RICHARDSON. Madam Speaker, more than 3.2 million gallons of fuel less than what it was in 2005. I rise today in support of the Senate annually. This means that truckers The chairman is also quite correct; amendments to H.R. 5809, the Senate and other diesel operators will spend $8 diesel engines have a long life. They version of the Diesel Emissions Reduc- million less on fuel, and reduce their are a marvel of engineering. I have tion Act of 2010. As author of H.R. 6482, CO2 emissions by 35,600 tons per year. businesses in my district. Floyd the House companion to the Senate DERA also helps create jobs in the McNeely, in my district in Fort Worth, bill, S. 3973, I urge my colleagues to U.S. For every $500 million spent on runs a diesel refurbishing plant where join me in supporting this legislation. diesel retrofit technology, DERA saves he takes old run-out diesel engines and I would argue that this legislation or creates on average almost 10,000 puts new life into them. Because of En- was not just brought up in the lame jobs. It also has facilitated the develop- vironmental Protection Agency con- duck session. In fact, I have staff mem- ment of emerging cleaner technologies. straints, he can’t sell them in this bers here who worked a great deal of Given these benefits, it is not sur- country but actually is able to sell time with the Energy and Commerce prising that on November 9 a coalition them to countries in Central and South Committee to bring forward this very of 538 companies and organizations rep- America, and they continue to perform thoughtful legislation. What this legis- resenting manufacturing and business good works, both in trucks and boats lation will do is create jobs, save lives, interests, environmental and health- and other mechanical applications. Be- and significantly improve the Nation’s based organizations, faith and labor cause of the long life of diesel engines, air quality system. groups, and State and local agencies this program is indeed a reasonable one I wish to thank Chairman WAXMAN wrote to House members to urge reau- because it does reduce the diesel emis- and Chairman MARKEY and their staffs thorization of the Diesel Emissions Re- sions from those engines that have for their support and everything they duction Act, DERA. This reauthoriza- been in use and provided gainful em- have done to make it possible to bring tion of DERA has strong bipartisan ployment for a long period of time. this bill to the floor. It is important. support, which has been a hallmark I am pleased the authorization was People’s health is important, even during its enactment and annually dur- reduced. I am pleased that section 3 of today in a lame duck session. I also ap- ing the appropriations process. this legislation before us authorizes a preciate the efforts of Senator Despite the significant benefits from General Accounting Office study as to VOINOVICH and Senator CARPER in shep- DERA, today’s bill sets the authoriza- whether or not the authorization is herding this bill through the Senate. tion level for 2012 through 2016 at half even necessary going forward into the This legislation reauthorizes and ex- the level of that for 2007 through 2011. next period of authorization. It is im- tends DERA for an additional 5 years The authorizing level is being reduced portant to make certain that this leg- and includes several important modi- so that it is more in line with the lev- islation stays on the right track. fications to expand the program and in- els that are normally appropriated for Of course, as with many things in crease eligibility. DERA has proven to this program. Washington, this legislation is sup- be successful, and this is why we are ported by a broad coalition of environ- bringing this bill forward today, in re- b 1030 mental, science-based, public health, ducing diesel emissions by upgrading It is not an indication that this Con- industry, and State and local govern- and modernizing older diesel engines gress believes that the need for the pro- ment groups, all of which stand to ben- and equipment. gram has decreased nor is it an indica- efit from this legislation. The Amer- You might ask: Why is this impor- tion that appropriated levels should be ican people, indeed, stand to benefit tant to me in my particular district decreased. The Diesel Emissions Re- from this legislation because of the re- and in California and in the Nation? duction Act has been a successful pro- duced amount of particulate emissions Well, I’ll tell you why. Our district is gram that has widespread support and in older diesel engines. home to the two busiest container has produced significant benefits. I But it still negates the fact that we ports in the United States: the Port of hope you will join me today in voting shouldn’t even be here in the first Los Angeles and the Port of Long to reauthorize it. place. This Congress should have died a Beach. On average, 35,000 trucks com- I reserve the balance of my time. merciful death after being repudiated mute to and from the ports daily, and Mr. BURGESS. I yield myself such by the American people in the last by the year 2030 this number is ex- time as I may consume. election, and yet here we are, late into pected to triple. Madam Speaker, it is somewhat iron- December, continuing to enact policies Those living along freight corridors ic that here we are, almost poetic, like that are going to affect American lives in my district are already suffering a line from a Robert Frost poem: on well into this decade and probably dec- from asthma and cancer rates far above the shortest evening of the year, here ades beyond. the national average. Air quality im- we stand in the darkened wood, two The American people spoke loudly provement and reductions in emissions roads diverge in front of us. with one voice and with extreme clar- are vital to the quality of life and This Congress should be over. This ity on November 2 of this year. They health for those who live along the Congress should have been over a said: Congress, stop. You’ve done goods movement corridors.

VerDate Mar 15 2010 03:54 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.012 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8795 The immediate and long-term bene- tion of Counties and the National Conference Builders Association; Appalachian Voices; fits of passing the DERA 2010 Act are of State Legislatures all adopted policies at Artic Breeze/Hammond Air Conditioning substantial, both in my district and in their annual meetings this summer calling Limited; Associated California Loggers; As- on Congress to reauthorize the Diesel Emis- sociated Equipment Distributors; Associated the Nation. Additionally, the Diesel sions Reduction Act. We encourage you to General Contractors of America (AGC); Asso- Emissions Reduction Act of 2010 pro- prioritize passage of this successful bi-par- ciated General Contractors of Greater Mil- vides economic incentives that all of tisan program the next time Congress is in waukee; Association of American Railroads; our State and local governments need session to ensure continued benefits for all. Association of Equipment Manufacturers; right now, with their private fleets We strongly support efforts to reauthorize Asthma Regional Council; Atlanta Bicycle that contract with State and local gov- the program for an additional five years at Coalition; Autotherm Division Enthal Sys- ernments, to decrease emissions still the current authorized level of funding along tems Inc.; B.R. Williams, Inc.; Baltimore with a few modest changes. Changes pro- Nonviolence Center; BASF Catalyst LLC; while maintaining and expanding their posed in draft legislation will make the pro- Baumot North America, LLC. levels of service. gram more effective by streamlining the Bay Area Air Quality Management Dis- Since DERA was funded back in 2007, grant process, improving EPA’s administra- trict; Beaverton Schools Transportation; more than 3,000 projects nationwide tion, removing outdated language, and en- Beck Bus Transportation; Bell Associates have benefited from this very program. suring full consideration of the congressional International LLc; Beverly Unitarian The EPA has estimated that the pro- policies and priorities established in the law. Church; Bike Pittsburgh; Bikes Not Bombs; Blue Diamond Growers; Boston Climate Ac- gram averages more than $13 in sav- We urge you to support efforts to reauthor- ize the Diesel Emission Reduction Act tion Network (BostonCAN); Boston Healthy ings, yes, savings, in health and eco- (DERA), by cosponsoring legislation once in- Homes and Schools Collaborative; Brattain nomic benefits for every $1 in funding, troduced, to ensure the continuation of this International Trucks, Inc.; Breast Cancer and this reauthorization even further widely successful, cost effective program. Action Coalition; Breathe Clean Air Action emphasizes cost-effective programs. Sincerely, Team (BCAAT, Inc.); Brett Hulsey, Dane Moreover, projections estimate that Action for Regional Equity; Action United; County; Supervisor, District 4; California As- nearly 2,000 lives will be saved by 2017 AGC of Minnesota; AJC-Palm Beach County sociation of Wheat Growers; California Cattlemen’s Association; California Citrus in direct relation to DERA’s impact on Regional Office; Alabama State Port Author- ity; Alban Tractor Company, Inc.; Albany Mutual; California Cotton Ginners Associa- air quality. Port District Commission, Alivio Medical tion; California Cotton Growers Association; This legislation has been endorsed by Center; Allied Grape Growers; Almond California Dairy Campaign; California Farm leading environmental, health, and Hullers & Processors Association; Alter- Bureau Federation; California Grape & Tree transportation organizations who have natives for Community and Environment Fruit League; California Partnership for the argued that DERA is an effective pro- (ACE); Amalgamated Transit Union Local San Joaquin Valley, Air Quality Work 241; American Association of Port Authori- Group; California Rice Commission. gram that protects and creates Amer- California School Transportation Associa- ican jobs. ties (AAPA); American Lung Association; American Lung Association in Alabama; tion; California Women for Agriculture; I would like to include in the RECORD American Lung Association in Alaska; Campbell Maritime, Inc.; Canary Coalition; a letter supporting this legislation American Lung Association in Arizona; Capitol Underground, Inc.; Carolina Green signed by over 500 leading environ- American Lung Association in Arkansas; Food Service Supply; Cascade Sierra Solu- mental, health, and transportation or- American Lung Association in California; tions—Coburg, OR Branch; Cascade Sierra ganizations and companies. American Lung Association in Colorado. Solutions—Fontana, CA Branch; Cascade Si- Members in both Chambers and on American Lung Association in Con- erra Solutions—National; Cascade Sierra So- necticut; American Lung Association in DC; lutions—Portland, OR Branch; Cascade Si- both sides of the aisle have embraced erra Solutions—Sacramento, CA Branch; this legislation. I urge my colleagues American Lung Association in Delaware; American Lung Association in Florida; Cascade Sierra Solutions—Seattle, WA to support it again today. American Lung Association in Georgia; Branch; Catalytic Solutions, Inc.; Cater- November 9, 2010. American Lung Association in Hawaii; pillar Inc.; Center for Biological Diversity; Hon. LAURA RICHARDSON, American Lung Association in Idaho; Amer- Center for the Celebration of Creation House of Representatives, Washington, DC. ican Lung Association in Illinois; American (Philadelphia, PA); Central Valley Air Qual- ity Coalition (CVAQ); Charlotte Area Bicycle DEAR CONGRESSWOMAN RICHARDSON: As a Lung Association in Indiana; American Lung Alliance. uniquely broad coalition of environmental, Association in Iowa; American Lung Asso- science-based, public health, industry, labor Charlotte Energy Solutions; Chelsea Board ciation in Kansas; American Lung Associa- of Health; Chelsea Collaborative, Inc; Chel- and state and local government groups, we tion in Kentucky; American Lung Associa- are writing in support of efforts to reauthor- sea Creek Action Group; Chelsea Green tion in Louisiana; American Lung Associa- Space and Recreation Committee; Chesa- ize the Diesel Emission Reduction Act tion in Maine; American Lung Association in (DERA), scheduled to expire at the end of fis- peake Climate Action Network; Chestnut Maryland; American Lung Association in Ridge Transportation, Inc.; Chicago Area cal year 2011. The program has been ex- Massachusetts; American Lung Association tremely successful in providing cost-effec- Clean Cities; Childhood Lead Action Project; in Michigan; American Lung Association in Citizen Action/Illinois; Citizen Power; Citi- tive public health and environmental bene- Minnesota; American Lung Association in zens Against Ruining the Environment; Citi- fits. Mississippi; American Lung Association in zens Environmental Coalition; Citizens for Diesel-powered vehicles and equipment Missouri. Pennsylvania’s Future (PennFuture); City of play an important role in the nation’s econ- American Lung Association in Montana; Pittsburgh; City of Westland, Michigan; omy and are getting cleaner every day. American Lung Association in Nebraska; Cleaire Advanced Emissions Controls; Clean DERA, originally enacted in 2005 with over- American Lung Association in Nevada; Air Board of Central Pennsylvania; Clean Air whelming bipartisan support, was designed American Lung Association in New Hamp- Carolina; Clean Air Council. to reduce emissions from the 20 million ex- shire; American Lung Association in New Clean Air Partnership; Clean Air Task isting diesel engines in use today by as much Jersey; American Lung Association in New Force (CATF); Clean Air Watch; Clean En- as 90 percent. Mexico; American Lung Association in New ergy Coalition (MI); Clean Fuels Ohio; Clean Since enactment, DERA has been success- York; American Lung Association in North New York; Clean Water Action—California; ful from an economic, environmental and Carolina; American Lung Association in Clean Water Action—Chesapeake Region; public health perspective, yielding one of the North Dakota; American Lung Association Clean Water Action—Colorado; Clean Water greatest cost-benefit ratios of any federal in Ohio; American Lung Association in Okla- Action—Connecticut; Clean Water Action— program, according to the Office of Manage- homa; American Lung Association in Or- Florida; Clean Water Action—Michigan; ment and Budget calculations. In a recent egon; American Lung Association in Penn- Clean Water Action—National; Clean Water Report to Congress on the first year of the sylvania; American Lung Association in Action—Pennsylvania; Clean Water Action— DERA program, the Environmental Protec- Rhode Island; American Lung Association in Rhode Island; Clean Water Action—Texas; tion Agency (EPA) estimates that for every South Carolina; American Lung Association Clean Water Action Alliance of Massachu- dollar spent on the DERA program, an aver- in South Dakota; American Lung Associa- setts; Cleveland County Asthma Coalition age of more than $20 in health benefits are tion in Tennessee; American Lung Associa- (NC); Coalition for Responsible Transpor- generated. Every state in the nation now has tion in Texas; American Lung Association in tation (CRT); Coalition of Labor, Agriculture a diesel retrofit program and benefits from Utah; American Lung Association in and Business—Imperial. DERA funding. Vermont; American Lung Association in Vir- Commuter Challenge; Connecticut Citizen As a result of the program’s success, DERA ginia. Action Group; Constructors Association of benefits from extensive broad-based support. American Lung Association in Wash- Western Pennsylvania; Consulting for Over 350 diverse companies and organizations ington; American Lung Association in West Health, Air, Nature, and a Greener Environ- from across the country have signed letters Virginia; American Lung Association in Wis- ment (CHANGE); Consumer Health Coali- in support of DERA. In addition, the U.S. consin; American Lung Association in Wyo- tion; Corning Incorporated; Craufurd Manu- Conference of Mayors, the National Associa- ming; American Road & Transportation facturing, LLC; Cummins Atlantic, LLC;

VerDate Mar 15 2010 04:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K21DE7.014 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8796 CONGRESSIONAL RECORD — HOUSE December 21, 2010 Cummins Bridgeway LLC; Cummins Cal Pa- M & M Bus Service, Inc.; M.A.Turbo/En- Impact Network; Pittsburgh Region Clean cific, LLC; Cummins Crosspoint, LLC; gine Ltd.; MA Republicans for Environ- Cities; Pittsburgh UNITED; Port Authority Cummins Inc.; Cummins Mid-South, LLC; mental Protection; Madeline Island Ferry of New York & New Jersey; Port Everglades; Cummins Northeast, LLC; Cummins North- Line; Madera County Farm Bureau; Makah Port of Corpus Christi Authority; Port of west, LLC; Cummins NPower LLC; Cummins Tribe; Mankato Area Environmentalists; Everett; Port of Houston Authority; Port of Power South, LLC; Cummins Power Sys- MANN+HUMMEL; Manufacturers of Emis- Long Beach; Port of Los Angeles; Port of tems, LLC; Cummins Rocky Mountain, LLC; sion Controls Association (MECA); Maryland Oakland; Port of Pittsburgh Commission. Cummins Southern Plains, LLC. Port Administration—Port of Baltimore; Port of Portland (OR); Port of San Fran- Cummins West, Inc.; DC Environmental Maryland Public Interest Research Group cisco; Port of Seattle; Port of Tacoma; Port- Network; Dean Transportation; Deere & (PIRG); Massachusetts Climate Action Net- land, CT Clean Energy Task Force; Portland- Company; Dell Transportation; Developing work; Massachusetts Port Authority; River Valley Garden Club; Prevention is the Communities Project; Diesel Technology Mattabeseck Audubon Society; McHenry Cure, Inc. (Huntington, NY); Progress Michi- Forum (DTF); Donaldson Company; Dor- Pressure Cleaning Systems; McLean Con- gan; R.I.C.H.T.E.R. Foundation; Rachel Car- chester Environmental Health Coalition tracting Company; Mecklenburg County, NC, son Institute; Rachel’s Friends Breast Can- (DEHC); Dousman Transport Company, Inc.; Board of County Commissioners; Merced cer Coalition; Regional Air Pollution Con- Duluth Seaway Port Authority; Durham County Farm Bureau; Metrolina Biofuels; trol Agency; Regional Environmental Coun- School Services LLC; E Global Solutions, Metropolitan Mayors Caucus Clean Air cil of Central Mass; Renewable Energy Long Inc. (EGS); Earth Day Coalition; Earth Counts Campaign. Island (RELI); Republicans for Environ- Force, Inc.; Earthjustice; East Michigan En- Michigan Citizen Action; Michigan Envi- mental Protection; Respiratory Health Asso- vironmental Action Council; Eaton Corpora- ronmental Council; Michigan Infrastructure ciation of Metropolitan Chicago; Retail In- tion; ECO-Action; Ecology Center. & Transportation Association; Michigan dustry Leaders Association; Rhode Island Ecumenical Ministry of Oregon; Edu- Interfaith Power and Light; Michigan Chapter—Interfaith Power and Light; Rhode cational Bus Transportation, Inc.; Emissions League of Conservation Voters; Middlesex Island Chapter of the Sierra Club; Rhode Is- Control Technology Association (ECTA); Clean Air Association; Mid-Ohio Regional land Committee on Occupational Safety and Emisstar LLC; EnergyCel; EnergyXtreme; Planning Commission (MORPC); Minnesota Health (RICOSH); Rhode Island Nurses Asso- Engine Control Systems Limited; Engine Center for Environmental Advocacy; Min- ciation; Rhode Island Society for Res- Manufacturers Association (EMA); Environ- nesota Clean Water Action Alliance; Min- piratory Care. ment Maryland; Environment North Caro- nesota School Bus Operators Association; Riteway Bus Service, Inc.; RJ Corman lina; Environment Northeast; Environment MIRATECH Corporation; Mississippi State Railroad Group; Robert Bosch LLC; Rolling Ohio; Environment Oregon; Environment Port Authority; Mobile Bay Audubon Soci- V Bus Corp.; Rush Truck Center—Abilene (TX); Rush Truck Center—Albuquerque Rhode Island; Environmental Advocates of ety; Montana Association of Churches; Mon- (NM); Rush Truck Center—Alice (TX); Rush New York; Environmental Defense Fund; En- tana Public Health Association; Mothers & Truck Center—Ardmore (OK); Rush Truck vironmental Health Fund; Environmental Others for Clean Air (GA); MTU Detroit Die- Center—Atlanta (GA); Rush Truck Center— Health Watch (OH); Environmental Justice sel Inc.; MV Student Transportation; Na- Austin (TX); Rush Truck Center—Chandler League of Rhode Island; Environmental Jus- tional Association for Pupil; Transportation (AZ); Rush Truck Center—Dallas (TX); Rush tice Partnership. (NAPT); National Association of Clean Air Truck Center—Denver (CO). Rush Truck Environmental Law and Policy Center; Agencies (NACAA); National Association of Center—El Centro (CA); Rush Truck Cen- Espar Heater Systems; Evangelical Diocese Counties; National Association of Manufac- ter—El Paso (TX); Rush Truck Center—Es- of the Northwest; Farmworker Association turers. condido (CA); Rush Truck Center—Flagstaff of Florida; First Student; FitzGerald Corp.; National Association of State Directors of (AZ); Rush Truck Center—Fontana (CA); Foss Maritime Company; Fowler Bus Com- Pupil Transportation Services; National As- Rush Truck Center—Fort Worth (TX); Rush pany, Inc.; Freight Wing Inc.; Fresno County sociation of Waterfront Employers (NAWE); Truck Center—Greeley (CO). Farm Bureau; Friends of the Earth; Friends National Ground Water Association; Na- Rush Truck Center—Haines City (FL); of the Moshassuck (RI); GA Women’s Actions tional School Transportation Association; Rush Truck Center—Houston (TX); Rush for New Directions; Georgia Mining Associa- Natural Resources Council of Maine; Natural Truck Center—Jacksonville (FL); Rush tion; Georgia Women’s Action for New Direc- Resources Defense Council (NRDC); Navistar, Truck Center—Laredo (TX); Rush Truck tions (GA WAND); Gladstein, Neandross & Inc.; NC Conservation Network; NC Pediatric Center—Las Cruces (NM); Rush Truck Cen- Associates; Gordon Trucking, Inc.; Great Society; NC WARN; Near Northwest Neigh- ter—Lufkin (TX); Rush Truck Center—Mo- Land Conservation Trust; Greater Four Cor- borhood Network; Neighborhood of Afford- bile (AL); Rush Truck Center—Nashville ners Action Coalition (GFCAC); Greater Lan- able Housing (NOAH); Neighborhood Plan- (TN); Rush Truck Center—Oklahoma City sing Area Clean Cities; Green Communities ning Unit H Health Committee; New Jersey (OK); Rush Truck Center—Orlando (FL); Coalition. Clean Cities Coalition; New Jersey Environ- Rush Truck Center—Pharr (TX); Rush Truck Green Cycle Group—Northeastern Illinois mental Federation (State Chapter of Clean Center—Phoenix (AZ); Rush Truck Center— University; Green Decade Cambridge; Green Water Action); New York Association for Pico Rivera (CA); Rush Truck Center—San Medford (Medford, MA); Green Sanctuary Pupil Transportation; New York Public In- Antonio (TX); Rush Truck Center—San Group; GreenLaw; Greenpeace; Groundwork terest Research Group (NYPIRG); NGK Auto- Diego (CA); Rush Truck Center—Sealy (TX); Lawrence; Groundwork Somerville; Group motive Ceramics USA, Inc.; Nine Mile Run Rush Truck Center—Sylmar (CA); Rush Against Smog and Pollution (Pittsburgh); Watershed Association; Nisei Farmers Truck Center—Tampa (FL); Rush Truck Cen- Growth Through Energy + Community League. ter—Texarkana (TX); Rush Truck Center— Health (GTECH); Health Resources in Ac- North Carolina State Ports Authority; Tucson (AZ); Rush Truck Center—Tulsa tion, Inc.; Healthy Chicago Lawn Coalition; Northeast Ohio Clean Fuels Program; North- (OK); Rush Truck Center—Tyler (TX); Rush Healthy Schools Campaign; Hendrickson Bus east States for Coordinated Air Use Manage- Truck Center—Waco (TX); Rush Truck Cen- Corporation; Hill District Consensus Group; ment (NESCAUM); Northwest Environ- ter—Winter Garden (FL); Rypos, Inc.. Howard Brown Health Center; Huntington mental Defense Center; Nose Cone Mfg. Co.; Sacramento Metropolitan Air Quality Breast Cancer Action Coalition; Huntington Nuestras Raices; NxtGen Emission Controls Management District; San Joaquin Farm Bu- Coach Corporation; Idle Free Systems Inc.; USA Inc.; NY Student Xpress; Ocean State reau Federation; San Joaquin Valley Air Illinois Association of School Nurses. Action (RI); Ohio Contractors Association; Pollution Control District; San Luis Obispo Illinois Environmental Council; Illinois Ohio Environmental Council; Ohio League of County Air Pollution Control District; Santa Maternal and Child Health Coalition; Illinois Conservation Voters; Ohio Network for the Barbara County Air Pollution Control Dis- Public Health Association; Illinois Public In- Chemically Injured; One Less Car; Oregon trict; School Bus, Inc.; Science and Environ- terest Research Group (PIRG); Illinois Department of Environmental Quality; Or- mental Health Network; SD Johnston Engi- School Transportation Association; Imperial egon Environmental Council; Oregon Inter- neering Consultants; Service Employees Valley Vegetable Growers Association; In- faith Power and Light; Oregon Physicians International Union Local 23 BJ; Pittsburgh; land Power Group (Butler, WI); Institute for for Social Responsibility; Oregon Toxics Al- Shadowood Technology Inc; Shorepower Local Self-Reliance; InterMotive, Inc.; Inter- liance; Oregon Trucking Associations; Pace Technologies; Sierra Club—Allegheny Group; religious Eco-Justice Network (Connecti- Energy and Climate Center; Pacific Mer- Sierra Club, Atlantic Chapter; Somerville cut’s Interfaith Power and Light); Jaco chant Shipping Association; Pacific North- Climate Action; South Carolina Coastal Con- Transportation, Inc.; James Ginda, MA, west Waterways Association (PNWA); Par- servation League; South Carolina State RRT, AE–C, CHES; John Engen, Mayor—Mis- allel Housing, Inc. Ports Authority; South Coast Air Quality soula, Montana; Johnson Matthey, Inc.; Kern Pennsylvania Council of Churches; Management District; South Shore Clean County Farm Bureau; Kings County Farm Petermann LTD; Physicians for Social Re- Cities, Inc. (Northern Indiana); Southern Al- Bureau; Kobussen Buses Ltd.; Krapf Bus sponsibility—Sacramento; Physicians for So- liance for Clean Energy; Southern Environ- Companies; KyotoUSA; Lawrence Mayor’s cial Responsibility—Tampa Bay; Pierce mental Law Center. Health Task Force; Leadership Council of Coach Line, Inc.; Pilsen Environmental Southwest Detroit—South Dearborn Envi- the Congregation of the Sisters, Servants of Rights & Reform Organization; Pioneer Val- ronmental; Collaborative; Southwest Detroit the Immaculate Heart of Mary; Leonardo ley AFL–CIO; Pioneer Valley Asthma Coali- Clean Diesel Collaborative; Southwest De- Academy Inc.; Liqtech NA; LivableStreets tion; Pitt County Memorial Hospital—Pedi- troit Community Benefits Coalition; South- Alliance. atric Asthma Program; Pittsburgh Interfaith west Detroit Environmental Vision; Spokane

VerDate Mar 15 2010 04:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A21DE7.013 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE December 21, 2010 CONGRESSIONAL RECORD — HOUSE H8797 Regional Clean Air Agency; Stanislaus Coun- vote on it up or down. It is a travesty As the country transitions to a clean energy ty Farm Bureau; Starcrest Consulting to do things in this way, and I hope economy, I am sure that we all can agree that Group, LLC; State of Wisconsin Office of En- things will change for the better in the it is only fitting that all jurisdictions under the ergy Independence; Sunrise Bus Company; next Congress. U.S. flag are able to take part in national and Sunrise Southwest, LLC; Sunrise Transpor- Ms. MATSUI. Madam Speaker, I rise today tation; Sustainable Conservation; Sustain- state diesel emissions reduction grant and able Energy Alliance of Long Island; Sus- in support of legislation that I introduced, loan programs. Though the Energy Policy Act tainable Englewood Initiatives; Sustainable along with Congresswoman RICHARDSON, of 2005 has achieved much in ensuring that Pittsburgh; Tacoma Rail; Tampa Port Au- which would reauthorize the Diesel Emissions states qualify for grant and loan programs, thority; Tenneco, Inc.; Tennessee Citizens Reduction Act, DERA, to fund the moderniza- geared towards reducing diesel emissions—to- for Wilderness Planning. tion of diesel engines through retrofits. day’s reauthorization of the DERA will go a Tennessee Environmental Council; Ten- Countless studies have shown that diesel long way to ensure that all U.S. citizens are nessee Interfaith Power and Light; The Con- emissions are one of the most significant struction Institute; The TransGroup, LLC; able to tap into the resources necessary to re- health risks to Americans. More specifically, lieve the burdens associated with the combus- Thomas Built Buses, Inc.; Toxics Informa- the Environmental Protection Agency, EPA, tion Project; Triangle Clean Cities Coalition; tion of dirty fossil fuels. Truck Manufacturers Association; Tulare has linked these emissions to premature Reducing emissions from diesel engines is County Farm Bureau; Umicore Autocat USA death, aggravation of symptoms associated one of the most important air quality chal- Inc.; Union County Environmental Health with asthma, and numerous other health im- lenges facing the U.S. and its territories. (NC); Union of Concerned Scientists; United pacts every year. Though it is undeniable that diesel engines Food and Commercial Workers Union Local To address this problem, in 2005, Congress have proven to be an invaluable resource over 23; United Motorcoach Association; United enacted the Diesel Emissions Reduction Act, the years, it is high time that we reevaluate States Chamber of Commerce; University of which established a five-year voluntary na- our over dependence on this fuel source—and Maryland for Clean Energy; Utah Clean Cit- tional and state-level grant and loan program ies Coalition; Village of Oak Park, Illinois; look towards more sustainable alternatives. to reduce diesel emissions, protect public As we are all aware, these engines emit Virginia Port Authority; Vision Transpor- health, and help states meet air quality stand- tation Services, Inc.; Voices for Earth Jus- large amounts of nitrogen oxides, particulate tice; Volvo Group North America. ards of the Clean Air Act. matter and air toxins, resulting in serious pub- Wake County Asthma Coalition; Wash- Retrofitting diesel engines provides enor- lic health concerns. ington State Department of Ecology; West- mous environmental benefits, yet before this Much of our heavy machinery and school ern MA Jobs with Justice; Western Massa- program was implemented, there were few di- buses are operated by diesel engines that do chusetts Coalition for Occupational Safety rect economic incentives for vehicle and not meet EPA’s clean diesel standards. Exten- and Health; Western N.C. Physicians for So- equipment owners to do so. The financial in- sion of the diesel emission reduction provi- cial Responsibility; Western States Petro- centives provided by DERA support voluntary sions will not only help to further current com- leum Association; Western United Dairymen; rather than regulatory efforts to assist states WI. Engine Manufacturers & Distributors Al- mitments to reduce air pollution but will make meet current air quality standards. Reauthor- great strides in protecting our communities’ liance; WIH Resource Group; Wisconsin ization of this critical program, which cleans up Clean Cities—Southeast Area, Inc.; Women health and that of future generations. Inclusion more than 14,000 diesel-powered vehicles and for a Healthy Environment; Women’s Voices of all the territories in the DERA reauthoriza- equipment annually, would strengthen our on- for the Earth; Yakima Regional Clean Air tion would provide our jurisdictions with the going efforts to reduce pollution, create addi- Agency; Yancey Power Systems; Zeeland opportunity to access currently unavailable re- Public Schools. tional demand for clean diesel technology, and sources necessary to retrofit existing equip- employ thousands of workers who manufac- Mr. BURGESS. I yield myself such ment and implement new emissions control ture, sell or repair diesel vehicles and their time as I may consume. technologies. components. Madam Speaker, I would only point At this time I would applaud the authors of It is for these reasons that the DERA pro- out, certainly I have no objection to this bill and thank Chairman WAXMAN and En- gram, which averages more than $13 in health working. In fact, in my prior life as a ergy and Commerce Committee staff for their physician I worked many Christmases, and economic benefits for every $1 invested according to the EPA, needs to be reauthor- leadership in ensuring that the territories are many New Years, many Fourth of included in this important bill. I would also like Julys, Mothers Days, and Veterans ized. I would be remiss if I did not recognize Sen- to recognize the CNMI, Guam, American Days. But the fact is here we are at the ators VOINOVICH and CARPER for authoring the Samoa and Puerto Rico delegations for their 11th hour, probably on the next to the DERA reauthorization program in the Senate, tireless efforts on this issue as well. last day before this Congress dies a and to commend them for their outstanding Mr. MARKEY of Massachusetts. Madam merciful death, and here we are passing leadership on this important issue. Their legis- Speaker, I rise in support of the Diesel Emis- legislation that, in fact, we have not lation served as the counterpart to the meas- sion Reduction Act of 2010. This bill would re- had a hearing on in our committee. We ure we introduced in the House of Represent- authorize the extremely successful Diesel have not had a markup on this legisla- atives. Emission Reduction Act, known as ‘‘DERA’’, tion in our committee. H.R. 5089, which was unanimously ap- enacted as part of the Energy Policy Act of Several of us in the room right now proved by the other chamber, has garnered 2005 and administered by the Environmental are members of the Energy and Com- the support of a broad coalition of more than Protection Agency. Since its creation the merce Committee. I argue passionately 530 environmental, public health, industry and DERA program has provided Federal grants during our committee hearings and labor stakeholders. and loans to support more than 3,000 projects markups that it is probably the com- In closing, I urge my colleagues to join me to retrofit diesel engines to reduce pollution. mittee with the most expertise in the in improving America’s air quality by upgrading The emissions reductions achieved by DERA whole United States Congress, and yet and modernizing older diesel engines by vot- have resulted in over $600 million in public we didn’t have a hearing to ask the ing in favor of H.R. 5089. health benefits so far. The program has pro- simple question: Okay. We passed this Mrs. CHRISTENSEN. Madam Speaker, I vided over $13 in health and economic bene- legislation as part of the Energy and rise in support of S. 3973, the reauthorization fits for every $1 spent on retrofits, and has Policy Act in August of 2005 when it of the Diesel Emissions Reduction Act, a suc- created or sustained nearly 9,000 jobs since was signed into law by then President cessful program that I strongly believe will Fiscal Year 2008. Bush. How has it done? How has it make a major difference in lowering energy The legislation now before us would reau- worked out? Has it performed as re- costs for consumers in all territories. thorize the DERA program through Fiscal Year quested? I am pleased that the program includes enti- 2016 and would make a number of important I can’t argue the fact that this isn’t ties in the smaller territories, American improvements. Notably it would allow EPA to a good proposal. I voted for it in 2005. I Samoa, Guam, the Commonwealth of the establish a rebate program, alongside the ex- suspect it is a good proposal. But Northern Mariana Islands (CNMI), and the isting grant and loan program. It would also wouldn’t it have been great to have a U.S. Virgin Islands for the first time. allow private entities under contract with a hearing, to have a markup? But, in- While we are not at the level that we need, non-profit or government to apply directly for stead, we bring this bill to the floor at we pledge to fight for better inclusion in the fu- funding, instead of limiting the program to gov- the 11th hour right before this Congress ture and do recognize that this is an important ernment entities. These improvements will is to adjourn, thankfully, for the last first step for the territories, which rely consid- help this program to continue to clean our air time, and Members are expected to erably on fossil fuels, including diesel. and protect public health from diesel pollution.

VerDate Mar 15 2010 04:47 Dec 22, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\A21DE7.017 H21DEPT1 smartinez on DSKB9S0YB1PROD with HOUSE H8798 CONGRESSIONAL RECORD — HOUSE December 21, 2010 This is a bipartisan bill championed by Sen- SECTION 1. SHORT TITLE. process that we have fairness—fairness ators CARPER and VOINOVICH and deserves This Act may be cited as the ‘‘Defense both to the law and fairness to the our support. I urge a ‘‘yes’’ vote. Level Playing Field Act’’. American workers, who are so success- Mr. JOHNSON of Georgia. Madam Speaker, SEC. 2. CONSIDERATION OF UNFAIR COMPETI- ful. And one of the bidders we hope to TIVE ADVANTAGE IN EVALUATION I rise in support of 5809, the Diesel Emissions OF OFFERS FOR KC–X AERIAL RE- be so successful with is the Boeing 767 Reduction Act. This legislation will reauthorize FUELING AIRCRAFT PROGRAM. platform, which will be fully capable of an important program that establishes a vol- (a) REQUIREMENT TO CONSIDER UNFAIR COM- continuing the tradition of American untary national and state-level grant and loan PETITIVE ADVANTAGE.—In awarding a con- provision of the very backbone of our program to reduce emissions from existing tract for the KC–X aerial refueling aircraft American fleet and providing our tank- diesel engines through clean diesel retrofits. program (or any successor to that program), ers. This reauthorization is particularly important the Secretary of Defense shall, in evaluating any offers submitted to the Department of I want to make four points about for the citizens of my home State of Georgia Defense in response to a solicitation for of- what this bill will do. Basically, what who face the 15th highest risk of premature fers for such program, consider any unfair this bill will do is require the Defense death due to diesel soot, when compared to competitive advantage that an offeror may Department to take into consideration the lower 48 states. According to the Clean Air possess. any unfair competitive advantage of Task Force, diesel soot in Atlanta leads to 335 (b) REPORT.—Not later than 60 days after any of the bidders in this contract. premature deaths, over 14 thousand asthma submission of offers in response to any such What basically this bill will do is re- attacks, and over 250 cases of chronic bron- solicitation, the Secretary of Defense shall quire that the Pentagon take into con- submit to the congressional defense commit- chitis. The cancer risk of breathing diesel soot tees a report on any unfair competitive ad- sideration any unfair competitive ad- in Atlanta is 442 times the EPA’s acceptable vantage that any offeror may possess. vantage enjoyed by either of the bid- cancer level of 1 in a million. These figures (c) REQUIREMENT TO TAKE FINDINGS INTO ders, Boeing or the Airbus consortium, are appalling and unacceptable. ACCOUNT IN AWARD OF CONTRACT.—In award- and that is defined as costs of develop- The Diesel Emissions Reduction Act has ing a contract for the KC–X aerial refueling ment, production, or manufacturing supported the cleanup of diesel engines aircraft program (or any successor to that that are not fully borne by the offeror throughout Georgia and every state in the program), the Secretary of Defense shall of any such contract. union. Passage of this bill will improve health take into account the findings of the report Obviously, what gave rise to this outcomes and save on health care costs submitted under subsection (b). (d) UNFAIR COMPETITIVE ADVANTAGE.—In amendment was the fact that we have across the country and that is why I urge my this section, the term ‘‘unfair competitive found that there were over $5 billion of colleagues to vote yes. advantage’’, with respect to an offer for a illegal, unfair competitive advantage b 1040 contract, means a situation in which the that has been enjoyed by one of the cost of development, production, or manu- contractors, the Airbus consortium. Mr. BURGESS. As the gentleman facturing is not fully borne by the offeror for But I want to make four points about knows, I can talk on this until my time such contract. what our bill does. Number one, our has expired, but in the interest of com- The SPEAKER pro tempore. Pursu- bill basically says that we need a fair ity and the spirit of the season and ant to the rule, the gentleman from competition. We are happy to compete peace on Earth, good will toward men, Washington (Mr. INSLEE) and the gen- as Americans. We love competition. I will yield back the balance of my tleman from Kansas (Mr. MORAN) each We’re happy to compete, but we need time. will control 20 minutes. to do it on a level playing field. And Mr. WAXMAN. Notwithstanding the The Chair recognizes the gentleman this bill is very fair because it says fact the gentleman yielded back his from Washington. that any unfair competitive advantage time, I want to now use the remainder GENERAL LEAVE of either of the bidders needs to be of mine, but I won’t, even though I Mr. INSLEE. Madam Speaker, I ask taken into consideration in this bill. could, but in the interest of comity and unanimous consent that all Members We love competition, but it needs to be good will, I won’t complain, I won’t go have 5 legislative days within which to fair. on, I will simply yield back my time revise and extend their remarks on the Second, this bill is fair to both sides, and urge Members to support this bill under consideration. Boeing and Airbus, America and Eu- worthwhile piece of legislation, which The SPEAKER pro tempore. Is there rope, because it requires an unfair com- is now being, hopefully, passed for the objection to the request of the gen- petitive advantage from either bidder second time. tleman from Washington? to be taken into consideration. And it The SPEAKER pro tempore. The There was no objection. is WTO-compliant. We were careful to question is on the motion offered by Mr. INSLEE. Madam Speaker, I yield draft the bill with that in mind. the gentleman from California (Mr. myself such time as I may consume. Third, this is an enormous contract, WAXMAN) that the House suspend the We have another great bipartisan and there have been enormous unfair rules and concur in the Senate amend- success today, at the closing day of our competitive advantages bestowed on ments to the bill, H.R. 5809. Congress, and I want to thank Rep- The question was taken; and (two- one of the bidders—frankly, Airbus. resentatives LARSEN, BLUNT, TIAHRT, thirds being in the affirmative) the The $5 billion of illegal subsidies that MORAN, and MCDERMOTT for bringing rules were suspended and the Senate we have found come out to somewhere this bipartisan bill to the floor. This amendments were concurred in. between 27 and $5 million an airplane. bill is the Defense Level Playing Field A motion to reconsider was laid on This is an extraordinarily unfair ad- Act, which will incorporate in stand- the table. vantage that one of the bidders has alone legislation an amendment we been given, and we need to take that f adopted with huge bipartisan support into consideration. DEFENSE LEVEL PLAYING FIELD previously by a vote of 410–8 on the de- Fourth, the job importance of this ACT fense authorization bill. issue cannot be overstated. It is esti- Mr. INSLEE. Madam Speaker, I move This bill is very important to bring a mated that 62,000 jobs could hang in to suspend the rules and pass the bill level of fairness and competitiveness the balance if we allow these illegal (H.R. 6540) to require the Secretary of from a job creation perspective to the subsidies not to be remedied in this Defense, in awarding a contract for the tanker contract, which is now one of procurement contract. American work- KC–X Aerial Refueling Aircraft Pro- the largest procurement contracts in ers have built the best airplanes. gram, to consider any unfair competi- American history, a $35 billion con- They’re ready to do it. And we’re not tive advantage that an offeror may tract providing for 179, and ultimately going to allow tens of thousands of jobs possess. 400, aerial refueling planes, which will to be lost based on illegal subsidization The Clerk read the title of the bill. replace the Eisenhower-era tankers, by our friends in Europe. The text of the bill is as follows: which is so critical to our Nation’s Now we have standalone legislation. H.R. 6540 skeleton and backbone of our Nation’s We look forward to giving the Senate Be it enacted by the Senate and House of Rep- defense. every opportunity to act on this. resentatives of the United States of America in I note the basic thrust of this bill is With that, I reserve the balance of Congress assembled, to make sure that in our procurement my time.

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