E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, MARCH 13, 2002 No. 28 Senate The Senate met at 9 a.m. and was The legislative clerk read the fol- In short, Dr. Russell has served his called to order by the Honorable DAN- lowing letter: Lord, his nation, stretching back over IEL K. AKAKA, a Senator from the State U.S. SENATE, 50 years. He is also privileged to be the of Hawaii. PRESIDENT PRO TEMPORE, national chaplain of the American Le- The PRESIDING OFFICER. Dr. Washington, DC, March 13, 2002. gion, an organization of which I am David Russell, national chaplain of the To the Senate: privileged to be a member, as was my American Legion, will lead the Senate Under the provisions of rule I, paragraph 3, father. My father served in World War in prayer. of the Standing Rules of the Senate, I hereby I as a young doctor in the trenches in appoint the Honorable DANIEL K. AKAKA, a Senator from the State of Hawaii, to perform France and proudly joined the Legion. PRAYER the duties of the Chair. I still possess the American Legion pin The guest Chaplain offered the fol- ROBERT C. BYRD, that my father carried in that period of lowing prayer: President pro tempore. time. Let us pray. Mr. AKAKA thereupon assumed the Dr. Russell’s distinguished back- Dear most gracious Heavenly Father, chair as Acting President pro tempore. ground, however, includes another pro- found and noteworthy matter. It has to we humbly come to You today to re- f quest that You grant wisdom for all do with his service as a long-time those who gather in this seat of Gov- RECOGNITION OF THE ACTING member of the Chapel of Four Chap- ernment, that they might always act MAJORITY LEADER lains. In fact, he now serves as the Vir- in the best interest of this Nation and The ACTING PRESIDENT pro tem- ginia State Chaplain of the Chapel of its people whom they represent. pore. The Senator from Nevada is rec- Four Chaplains. There may be some Help them, Sir, to seek Your guid- ognized. who are not familiar with the Chapel of ance and direction in all their delibera- f Four Chaplains. I would like this morn- ing to advise the Senate on this his- tions. Reach deep into their innermost WELCOME TO DR. DAVID RUSSELL hearts and minds to bring them to- toric moment in America’s history. gether in unity so that they may act as Mr. REID. On behalf of Senator WAR- The inspiration for the Chapel of one. Enable them to set aside personal NER, I welcome Dr. David Russell, who Four Chaplains and its mission of desires to seek Your divine will and has been our guest Chaplain, for his unity without uniformity comes from way for this great Nation. very timely prayer and also the rep- the courageous acts of four Army chap- May they, and we, always be mindful resentation of the American Legion lains who were serving aboard the USS that our Nation, our lives, our very which has rendered such great service Dorchester when it was hit by an enemy being rests in Thy eternal hands. to our country. torpedo and sank in the North Atlantic Bring them together in a spirit of hu- Mr. WARNER. Mr. President, we are on February 3, 1943. The four chaplains, mility and love for Thee and for these grateful this morning to have a very LT George Fox, LT Alexander Goode, United States of America. These peti- distinguished member of the clergy of LT John Washington, LT Clark Poling, tions we ask in Jesus’ name. Amen. Virginia participate in the opening of a Methodist, one of Jewish faith, one of today’s session as the Chaplain. It is Catholic faith, and one of the Dutch f my honor and privilege to join others Reform Church, respectively—quickly PLEDGE OF ALLEGIANCE this morning. My colleague, Mr. spread through the ship to tend to the The Honorable DANIEL K. AKAKA led ALLEN, was here, and Senator REID par- wounded and dying, to comfort those the Pledge of Allegiance, as follows: ticipated in introducing Dr. David Rus- able to attempt survival in the icy arc- I pledge allegiance to the Flag of the sell. tic water. They died together, going United States of America, and to the Repub- Dr. Russell hails from Spotsylvania, down with the ship, after giving their lic for which it stands, one nation under God, VA, and is pastor of the Cornerstone lifejackets to other members of the indivisible, with liberty and justice for all. Baptist Church in Falmouth, VA, a crew. Of the 902 service persons aboard f community of just over 3,600 outside that merchant seaman ship and civil- Fredericksburg. He served in the Ko- ian workers on that ship, 672 died, 230 APPOINTMENT OF ACTING rean war, as did I, and he served in the survived. PRESIDENT PRO TEMPORE U.S. Air Force from 1949 until 1952. It is President Truman was the Com- The PRESIDING OFFICER. The interesting that our periods over- mander in Chief under whom the dis- clerk will please read a communication lapped. I served in the Marines in tinguished guest today and I served in to the Senate from the President pro Korea in the fall of 1951 until the the Korean war, and indeed in my brief tempore (Mr. BYRD). spring of 1952. service at the conclusion of World War

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

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VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1800 CONGRESSIONAL RECORD — SENATE March 13, 2002 II when I served in the Navy, he was At 11:30, the Senate will resume con- important for our quality of life, for Commander in Chief at that time. In sideration of the Levin CAFE amend- our competitiveness as a nation. It is his dedication speech, in 1951, in a me- ment, with 20 minutes of closing debate also very important for providing good- morial to these four brave men, he prior to a vote in relation to the paying jobs for Americans. said: amendment. Technology improvements benefit This interfaith shrine will stand through Following disposition of the Levin our lives and our businesses and our long generations to teach Americans that as amendment, Senator MILLER will offer competitiveness in many ways. For ex- men can die heroically as brothers, so should his amendment regarding pickup ample, in manufacturing, it allows they live together in mutual faith and good trucks, with 10 minutes of debate prior manufacturers to manufacture what- will. to a vote in relation to that amend- ever the good or product is, more effi- These words are as important today ment. ciently, with greater quality, with less as they were 51 years ago. The Senate Following disposition of the Miller waste, and fewer toxins. In a distribu- is indeed privileged to have this distin- amendment, Senators KERRY or SNOWE tion center, if you went to a Dollar guished American before us today. or their designees will be recognized to Tree or a Family Dollar or Dollar Gen- This has been an unusual week for offer an amendment regarding CAFE. eral distribution center, you would see me in the sense that on Monday I at- We hope to dispose of all the matters how they use technology to pick dif- tended the funeral services at Arling- of fuel efficiency regarding motor vehi- ferent items for their various stores ton of Corporal Matthew Commons, cles today. We hope we can move on to and then loading them on trucks. U.S. Army, Company A, 1st Battalion, Technological improvements help other important matters on this bill. 75th Ranger Regiment, who lost his life our communications systems within As was spoken on the floor yesterday, just a few days ago in Operation Ana- our country. It also helps education op- the majority leader intends to finish conda in Afghanistan. Last night, I de- portunities, life sciences, and biologi- this bill by next Friday. During that livered a eulogy on behalf of an old cal advancements that are allowing period of time, we also have to dispose friend in Virginia, an African American people to lead better, healthier, longer of the campaign finance bill. There is a who served aboard the carrier Yorktown lives. It can help in law enforcement lot to do. We would ask those Senators and was in 11 major engagements in and coordination of law enforcement World War II. His name was Richard who have amendments dealing with efforts at the State, local, and national Hall. He worked with me down in Vir- this important energy legislation to level. And it can provide for a better ginia for these many years, and was a come and offer them because that time transportation system with smart dearly beloved friend. may run out quicker than they think. roads and smart cars, and the concept In the last 2 weeks, America experi- f of telecommunicating, teleworking, al- enced approximately nine deaths in Op- RESERVATION OF LEADER TIME lowing people to have a better quality eration Anaconda. But I reflected last of life while not having to fight traffic The ACTING PRESIDENT pro tem- night, as I do briefly this morning, on every day and have more time with pore. Under the previous order, the the history of two battles which took their families. place 70-some-odd years ago. Let’s see, leadership time is reserved. It improves in so many ways our it was 16 December 1944 to 19 January f quality of life, our efficiency, and also 1945—the Battle of the Bulge. I men- MORNING BUSINESS our environment. On the high-tech tion this because we, the United task force, in addition to myself, I am The ACTING PRESIDENT pro tem- States, suffered about 41,000 casualties joined on the task force by Senators pore. Under the previous order, there in that battle: Killed in action, 4,000; ALLARD, BENNETT, BROWNBACK, BURNS, will now be a period for the transaction wounded, 20,000; missing, 17,000; all oc- COLLINS, KAY BAILEY HUTCHISON, EN- of morning business not to extend be- curring in 35 days of fighting. That was SIGN, SESSIONS, and GORDON SMITH, as in Europe. yond the hour of 9:30 a.m., with the well as ex officio members who are the In the Pacific, where Richard Hall time to be under the control of the ranking members of the various impor- served in so many conflicts, the Battle Senator from Virginia, Mr. ALLEN. tant committees that deal with tech- of Iwo Jima was fought over 36 days f nology, including the Armed Services from 19 February to 26 March 1945. I re- HIGH-TECH TASK FORCE Committee with JOHN WARNER, Bank- mind America we had 26,000 casualties: ing Committee, PHIL GRAMM; Senator Mr. ALLEN. Mr. President, I rise this Killed in action, 6,800; wounded, 19,200. MCCAIN of Commerce; Senator GRASS- morning to speak about the Senate Re- I also remind America of the enormous LEY of Finance, and Senator ORRIN publican high-tech task force. Today is service these men and women have HATCH, a great leader of our Judiciary an important day for our high-tech given this Nation. Today we can stand Committee. and share in the freedom provided by task force, as we are unveiling our pol- We had many accomplishments last the members of our Armed Forces. This icy agenda and principles for the up- year. The education bill was an impor- freedom is predicated on the sacrifices, coming session and the rest of the tant one. No child left behind. Edu- be it by CPL Matthew Commons 10 year. cation is the key—making sure we days ago, or in those two battles of First, I express my gratitude to Sen- have a capable population in our coun- World War II. We must be ever mindful ator REID and Senator DASCHLE for al- try so youngsters can seize the oppor- of the service of men and women in the lowing us this half hour of time to ad- tunities not just of the silicon domin- Armed Forces throughout our history dress our colleagues on the very impor- ion of Virginia, but technology jobs all that makes possible our life today. tant issue of technology and the policy across the country. That was a very I thank my colleagues for this oppor- issues that we have faced, are facing, important bill. The clean 2-year exten- tunity to address the Senate. and will face this year. sion of the Internet access tax morato- The purpose of the high-tech task f rium was important. I don’t think force is to advise Republican leadership there should be access taxes on the SCHEDULE and, hopefully, others on the other side Internet, but we were able to get a 2- Mr. REID. Mr. President, this morn- of the aisle on issues important to the year extension to prevent Internet ing the Senate will be in a period of technology community. We look at taxes, which would only exacerbate the morning business until 9:30. The time ourselves as a portal to the technology digital divide. until 9:30 is under the control of Sen- innovators and entrepreneurs to get We also passed the Export Adminis- ator ALLEN of Virginia. their ideas and messages to the Senate tration Act in the Senate. We updated At 9:30, the Senate will resume con- so that we are well informed as to the those laws so computers can be sold sideration of the energy reform bill. impact of any potential changes in from this country as opposed to other There will be debate only until 11:30 in laws, or there may be laws that are countries getting them from France, relation to ethanol. That time will be outdated and need to be updated or up- Germany, or Japan. We can compete. under the control of Senator NELSON of graded. The House has a different view. Nebraska and Senator BOND of Mis- The advancement of technology in There was a proposed merger of souri or their designees. the United States is important. It is ASML, a Dutch company, with SBG,

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1801 which is a Silicon Valley group. The only benefit our country, but it would liance, TechNet, and ACT be printed in importance of this was helping with increase the standard of living for the RECORD. the next generation of microchips. those who tear down those barriers so There being no objection, the mate- ASML has the extreme ultraviolet li- that their citizenry can have the op- rial was ordered to be printed in the thography tools which are important portunities of advanced technology for RECORD, as follows: for the smaller geometries on their quality of life, a better environ- ITAA LAUDS HIGH TECH TASK FORCE AGENDA microchips. ment, and more opportunities. So we ARLINGTON, VA.—The information Tech- We were able to advocate appropria- are going to continue to advocate trade nology Association of America (ITTA) today tions of additional funds for justice for promotion authority. We will also con- praised the Senate Republican High Tech anti-piracy prosecution. Intellectual tinue working to protect Internet secu- Task Force as the group kicked off its 2002 property rights is very important, and rity, and we will continue combating agenda on Capitol Hill. we need to enforce those. We also terrorism. ‘‘We look forward to working with the Re- turned back efforts to change the cur- To that end, we are going to seek ad- publican High Tech Task Force as well as rent encryption export rules—again, vancement of the Bennett-Kyl legisla- Democrats in the Senate to achieve sound policy that will allow the high tech industry very important. tion to allow information sharing be- to once again become the engine of our U.S. Now, for the upcoming session, one of tween private companies and the Gov- economy,’’ said ITTA President Harris N. the successes was the 3-year, 30-percent ernment by codifying a limited Free- Miller, adding ‘‘Last week’s passage of the bonus depreciation measure, which was dom of Information Act exemption. Economic Stimulus legislation on a bipar- finally passed last Friday as part of the We are going to support the Bush ad- tisan basis showed that the HTTF, under economic stimulus bill. That is impor- ministration’s budget, as far as funding Senator Allen’s leadership, reaching across tant for all businesses, but especially for cyber-security issues. We are going the aisle can accomplish great objectives for the technology community so busi- to continue working to safeguard copy- the IT industry.’’ nesses can upgrade their technology ‘‘In 2001, we worked on a bipartisan basis rights in the digital age. That is very to support passage of key tech related bills and other equipment. Senator GORDON important. The private sector needs to such as the extension of the Internet tax SMITH was the lead for our high-tech work together with a variety of compa- moratorium and education reform,’’ Miller task force in getting that accomplish- nies to do it, rather than worry about continued. ‘‘This year, Trade Promotion Au- ment, which will help stimulate the an inept Federal Government dictating thority and improving information security economy, save and create more jobs. standards in that regard. are some of ITAA’s top priorities, so we are Now, the agenda is really one based We are going to continue promoting gratified to see them also topping the HTTF on principles. The principles we have education and technology in a variety agenda.’’ this year are the same as last. We have of ways. There are some good ideas The Information Technology Association of America (ITTA) provides global public added a few issues that have arisen re- that we are supporting—particularly, policy, business networking, and national cently. We want a Federal Tax Code the President in his effort on edu- leadership to promote the continued rapid that is appropriate for the 21st cen- cation, proposing that families of stu- growth of the IT industry. ITAA consists of tury. That means several different dents who are in failing schools get a over 500 corporate members throughout the things. We want to, No. 1, continue tax credit. A $2,500 tax credit could go U.S., and a global network of 47 countries’ IT working to make the research and de- toward purchasing computers, periph- associates. The Association plays the leading velopment tax credit permanent. erals, books, and also tuition. Person- role in issues of IT industry concern includ- Secondly, we want to accelerate and ally, I am for a tax credit focusing on ing information security, taxes and finance reform the depreciation schedules for policy, digital intellectual property protec- computers and peripherals, educational tion, telecommunications competition, technology equipment. We also want to software and tutoring. It should not workforce and education, immigration, on- encourage capital formation for small just be for kids in failing schools, but line privacy and consumer protection, gov- technology companies. And also of re- for all schools, in order to bridge the ernment IT procurement, human resources cent importance we are going to work digital divide. and e-commerce policy. ITAA members to preserve the current tax treatment We are going to work to expand range from the smallest IT start-ups to in- for stock options. broadband technologies. The Patent dustry leaders in the Internet, software, IT Just yesterday, the high-tech task and Trademark Office funding is im- services, ASP, digital content, systems inte- gration, telecommunications, and enterprise force urged Leaders DASCHLE and LOTT portant. Those fees ought to go to the solution fields. to oppose any effort to consider S. 1940, Patent and Trademark Office and which is a bill to require above-the-line should not be diverted to other efforts. ITI APPLAUDS SENATE REPUBLICAN TASK expensing of stock options. Not to get We want to keep government out of FORCE AGENDA, RECENT LEGISLATIVE AC- into all the minutia of tax laws, but competition with e-commerce busi- COMPLISHMENTS the fact is, passage of such legislation nesses. WASHINGTON, DC.—The Information Tech- would dramatically deter companies Digital decency. We are for it. We nology Industry Council (ITI) applauds the from providing rank and file employees want the private sector to look at ways Senate Republican High-Tech Task Force for with stock options, and they are an im- to put in a filter so people can enjoy its 2002 agenda and its work securing passage portant part of compensation. That the Internet as they see fit, as opposed of key legislative initiatives during the past proposal will certainly be harmful for year. to the government censoring it. ‘‘We are pleased to support the Task technology companies. In the area of legal reform, there are Force’s agenda and would like to thank them We also are going to work to enhance several areas—especially class actions. for their work last year to secure passage of free trade, in that it is important for We have these class action lawsuits legislation vital to the IT industry,’’ said opening up fair and free trade. We will filed all over the country. The diver- Rhett Dawson, President of ITI. open up new markets for our tech- sity of that jurisdiction, at the option ‘‘The 30 percent bonus depreciation provi- nology and our services. One must rec- of the defendant, ought to be more eas- sion in the stimulus bill, Senate passage of ognize that, while computers are fairly ily removed to Federal court to get a education reform legislation, and the two- prevalent in this country, they are not year moratorium on Internet access taxes better, more expedited and fair judg- were key victories for the IT industry. The all that prevalent in the rest of the ment. work of the Task Force was key to achieving world. Nearly half of the people in the Also, spectrum reform is very impor- these goals. We look forward to a productive world have yet to make their first tele- tant, particularly in rural areas. I am 2002 in which the Senate passes Trade Pro- phone call. Only about 2 percent of the going to yield in a minute to the Sen- motion Authority and other important world’s population has a computer. ator from Montana. pieces of legislation.’’ That tells us there are great opportuni- Before I do that, I ask unanimous ITI represents the leading U.S. providers of ties for our technologies, as well as consent that endorsements of these information technology products and serv- construction equipment, and so forth, policy principles and ideas by the In- ices. ITI member companies employ more than 1 million people in the United States all over the world; and tearing down formation Technology Association of and exceeded $668 billion in worldwide reve- barriers will help our jobs in this coun- America, Information Technology In- nues in 2002. try and our technological advance- dustry Council, the Business Software The High-Tech Voting Guide is used to ITI ments to continue. Also, it would not Alliances, the Electronic Industries Al- to measure Members of Congress’ support for

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1802 CONGRESSIONAL RECORD — SENATE March 13, 2002 the information technology industry and hard to help secure successful completion of With the technology industry teetering on policies that ensure the success of the digital their 2002 agenda, which mirrors many of our the edge of recession, there were several crit- economy. At the end of the 107th Congress, priority issues, including passage of Trade ical policy decisions for small entrepre- key votes will be compiled and analyzed to Promotion Authority. neurial technology companies in 2001. assign a ‘‘score’’ to every Member of Con- ‘‘Granting Trade Promotion Authority has Thankfully, the HTTF was hard at work on gress. consistently been a priority for the tech- behalf of the industry. The HTTF was instru- ITI member companies include Agilent nology industry. In 2000, more than one-third mental in securing a two year extension to Technologies, Amazon.com, AOL Time War- of what the U.S. electronics industry pro- Internet tax ban, the Export Authorization ner, Apple Computer, Canon U.S.A., Cisco, duced was exported overseas—over $200 bil- Administration Act and a new 3 year, 30 per- Compaq, Corning, Dell, Eastman Kodak, lion in goods. This means more than one- cent accelerated depreciation schedule for EMC, Hewlett-Packard, IBM, Intel, third of the 1.8 million employees who work technology equipment. The HTTF was also Lexmark, Microsoft, Motorola, National for U.S. electronics companies depend on ex- an important force in thwarting efforts to Semiconductor, NCR, Panasonic, Siebel, Sie- ports for their jobs. International trade and restrict export rules for encryption that mens, SGI, Sony, StorageTek, Sun Micro- access to foreign markets are critical to our would have been disastrous to software com- systems, Symbol Technologies, Tektronix continued success. We look forward to work- panies, e-commerce and privacy. and Unisys. ing with the High Tech Task Force in ensur- The HTTF technology agenda announced ing the quick passage of Trade Promotion today demonstrates that their continued BUSINESS SOFTWARE ALLIANCE APPLAUDS AG- Authority in 2002.’’ commitment to providing entrepreneurial GRESSIVE AGENDA PROPOSED BY SENATE RE- The Electronic Industries Alliance (EIA) is technology companies with the ability to PUBLICAN HIGH TECH TASK FORCE a national trade organization that includes succeed. ACT is especially excited by HTTF’s WASHINGTON, DC, Mar. 13.—The Business the full spectrum of U.S. manufacturers, rep- goals for issues such as protecting privacy, Software Alliance (BSA) today commended resenting more than 80% of the $550 billion educating a workforce for the 21st century, the Senate Republican High Tech Task Force electronics industry. The Alliance is a part- expanding free trade and updating our na- following its release of an aggressive agenda nership of electronic and high tech associa- tion’s tax code to reflect the realities of the for the 108th Congress aimed at benefiting tion and companies whose mission is pro- New Economy. the technology industry. moting the market development and com- ‘‘The Republican Senate High Tech Task ‘‘The technology industry serves as a pri- petitiveness of the U.S. high tech industry Force has been a powerful ally for entrepre- mary engine for the U.S. economy, and the through domestic and international policy neurial technology companies. ACT looks Senate Republican High Tech Task Force de- efforts. EIA, headquartered in Arlington, forward to working the issues that will be serves significant credit in laying out a Virginia, is comprised of more than 2,300 critical to ensuring the continued success of clear, pro-growth agenda,’’ said Robert member companies whose products and serv- the American technology industry,’’ said Holleyman. BSA’s President and CEO. ‘‘As ices range from the smallest electronic com- ACT President Jonathan Zuck. the nation moves toward a more positive ponents to the most complex systems, used ACT is a national education and advocacy economic outlook, it is more important than by defense, space and industry, including the group for the technology industry. Rep- ever to focus Congress’ attention on legisla- full range of consumer electronic products. resenting mostly small- and mid-size compa- tive initiatives that will secure sustained The industry provides more than two million nies, ACT is the industry’s strongest voice growth, create jobs, enforce strong intellec- jobs for American workers. when it comes to preserving competition and tual property protection, promote strong se- innovation in the high tech sector. ACT’s TECHNET APPLAUDS SENATE REPUBLICAN curity and spur innovation. The agenda put membership includes businesses involved in HIGH TECH TASK FORCE’S AGENDA FOR 2002 forth today mirrors many of BSA’s own pol- all aspects of the IT sector including com- icy objectives and serves as a coherent blue- PALO ALTO, CA.—The Technology Network puter software and hardware development, print to achieve our shared goals.’’ (TechNet), a national network of high-tech IT consulting and training, dot-coms. ‘‘The Senate Republican High Tech Task and bio-tech CEOs, today praised the Senate Force has served as a vocal and influential Republican High Tech Task Force for releas- Mr. ALLEN. I now yield to the Sen- legislative champion on policy issues of crit- ing an agenda that is long on innovation and ator from Montana, Mr. BURNS, who ical importance to the high tech industry. economic growth and short on government has been a strong and knowledgeable We look forward to continuing the partner- regulation. advocate and leader of improving tech- ship we have established with the Task ‘‘The Republican High Tech Task Force is nology. The Commonwealth of Virginia Force and making these goals legislative re- an important portal for our industry, and has rural areas, but not as many as TechNet in particular,’’ said Rick White, alities,’’ continued Holleyman. Montana. One of the ways that rural Last year, BSA joined the Republican High CEO of TechNet. ‘‘The agenda they have laid Tech Task Force in promoting number of out is consistent with our efforts to spur areas, whether out West, or in the successful legislative programs. Key legisla- broadband deployment, expand free trade, South, or in Hawaii, can benefit from tive achievements included: and minimize the government’s involvement technology and communication is with An appropriations increase for anti-piracy in the technology industry.’’ leadership of people such as Senator prosecutions; ‘‘In particular, we appreciate the leader- BURNS. ship the Task Force has shown in opposing The three-year, 30-percent accelerated de- I yield to Senator BURNS. any effort to require companies to expense preciation; The ACTING PRESIDENT pro tem- A two-year extension of the Internet Tax stock options,’’ continued White. ‘‘This issue moratortium; is vital to the long term success and sta- pore. The distinguished Senator from President Bush’s Education Reform Act; bility of our industry.’’ Montana is recognized. and TechNet represents 235 technology and bio- Mr. BURNS. I thank my good friend Maintaining current encryption export tech companies nationwide. The group is fo- from Virginia. The Senator from Vir- rules. cused on four key issues: making broadband ginia has rural areas; we have frontier ubiquitous by the end of the decade; passing areas. That kind of draws a distinction. EIA APPLAUDS 2001 ACCOMPLISHMENTS OF bi-partisan trade promotion authority legis- I think the Senator from Virginia has SENATE REPUBLICAN HIGH-TECH TASK lation; strengthening our education system; FORCE; LOOKS FORWARD TO CONTINUED LEG- and keeping stock options free from being picked up a big part of the responsi- ISLATIVE SUCCESSES IN 2002 expensed as cash. bility of furthering the agenda of high ARLINGTON, VA.—Dave McCurdy, President Last week TechNet brought 30 CEOs to technology because our States do have of the Electronic Industries Alliance (EIA) Washington, DC for a series of meetings with a lot of similarity, such as in distance today thanked the Senate Republican High- congressional leaders. The group spent time learning and telemedicine. These areas Tech Task Force for their 2001 legislative ac- with Senator George Allen and other mem- are isolated by mountains, where com- complishments and applauded the rollout of bers of the Senate Republican High Tech munications and the free flow of infor- their 2002 agenda. Task Force—discussing issues key to the McCurdy said: ‘‘Thank Senate Republican growth of the technology industry. mation have eluded people. Of course, High-Tech Task Force has worked closely with that in mind, I think he has with the high-tech industry to outline tech- ACT COMMENDS WORK OF SENATE REPUBLICAN picked up on what he wants to do with nology priorities during each legislative ses- HIGH TECH TASK FORCE ON BEHALF OF EN- his State of Virginia, so that not only sion. Their involvement and advocacy of TREPRENEURIAL TECH COMPANIES Northern Virginia benefits from re- issues critical to our industry resulted in WASHINGTON, DC.—On behalf of its three search and development but the ad- major legislative accomplishments in 2001, thousand small- and mid-size high tech vancement of the information age, and including Senate passage of the Export Au- member companies, the Association for Com- also that the rest of the State can par- thorization Administration Act and passage petitive Technology (ACT) today commended of a 3-year, 30 percent accelerated deprecia- the work of the Senate Republican High ticipate in it as well. tion provision. Tech Task Force (HTTF) in the 107th Con- If you look at my State of Montana, ‘‘We look forward to the continued success gress and applauded its commitment to key you see we have similar challenges of the High Tech Task Force. EIA will work issues for this session. ahead of us. I congratulate Senator

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1803 ALLEN for his fine work. He has done a We passed a bill in the last Congress Mr. ALLEN. Mr. President, I thank marvelous job chairing this high-tech that is revolutionizing the cell phone the Senator from Montana for his elo- task force. Under his leadership, we industry. For the first time, we made quent remarks, his strong leadership, were able to aid in some victories last 911 the national emergency number. and his understanding that with free- year, including the extension of the Now, with new technology, one can dial dom come innovation and improve- Internet tax moratorium for 2 years 911 on a cell phone and reach the near- ments in our lives. and the inclusion of an enhanced depre- est first responder. Before, in the cell I now yield to Senator BENNETT of ciation provision in the stimulus pack- phone industry, if one dialed 911, they Utah who was chairman of this task age that the President just signed. were apt to get anybody anywhere. The force previous to me but is still a lead- Senator ALLEN went over the list calls now go into the nearest commu- er on our task force and someone who that pretty well sets our priorities, and nications center that can handle an is greatly respected in the area of tech- not necessarily in that order; they are emergency. nology and, as I mentioned earlier, he all very important. Another topic that will prove of ut- has provided the key leadership in the I am a member of the Internet cau- most importance to critical infrastruc- Senate on cyber-security. cus, which is a bipartisan group. This ture is the operation of a shadowy or- I yield to the Senator from Utah, Mr. year in our opening reception we had ganization known as the Internet Cor- BENNETT. over 40 exhibitors. Senator ALLEN poration for Names and Numbers, com- The ACTING PRESIDENT pro tem- came. Approximately 1,000 people at- monly known as ICANN. The formation pore. The Senator from Utah is recog- tended that reception. The free flow of of ICANN originated with the so-called nized for 1 minute. information has become very impor- green and white papers of the Clinton Mr. BENNETT. I thank the Chair. tant. administration in 1998 that proposed Mr. President, my plea is very simple I want to go over a couple of points. the delegation of control of the domain and can be stated in 1 minute: We I gave a lot of speeches before I ever name system from the Commerce De- must, in the words of Abraham Lin- came to the Senate saying there have partment to an entirely new organiza- coln, think anew and act anew, recog- been three interventions that have tion which would be a new, not-for- nizing that in the cyber-age, many of changed our whole way of life. It has profit corporation formed by private the attitudes we have had about war- really brought the size of our planet sector Internet stakeholders. fare, about vulnerability, about oppor- down considerably. First is the jet en- The Clinton administration further tunity have to be thought through en- gine, second is the transistor, and third proposed that the U.S. Government tirely differently. is the silicon chip. In a matter of should end its role in the Internet If we can understand that and put hours, we can be anywhere in the numbers and names address system. aside some of our old prejudices and old world. We can in 5 seconds exchange Soon thereafter, ICANN was created ideas about technology and about regu- ideas visually and audibly anywhere in and the Commerce Department began lation, we will be on the road to the the world, whether it be land line or to delegate the functions of the Inter- prosperity and security we need. If we through space. The silicon chip has net domain name system to it. cling to the old ideas, the old para- sped up the way we handle informa- In the eyes of many critics, this dele- digms with respect to information tion. It has changed our life forever. gation has happened far too swiftly. sharing and antitrust activities, we are This planet is smaller because of those While ICANN is supposed to function in for serious trouble. inventions. by consensus of the Internet commu- So in 1 minute, that is my message. Look at what has happened since. As nity, its operation has often been con- Let us think anew, let us act anew, and the information age came upon us, we troversial and shrouded in mystery. let us recognize the technological age realized as far back as 1989 and 1990, Recently, even the President of ICANN, has changed everything. when I first came to the Senate, that Stuart Lynn, admitted publicly the or- I yield the floor. the policies that guided the infrastruc- ganization is not working and needs to Mr. ENSIGN. Mr. President. I rise ture for that flow of information were undergo comprehensive structural re- today to briefly speak about the impor- passed in 1934. We soon understood that form because it is losing sight of effec- tance of technology to our economy some policy changes were going to tiveness in accomplishing our real mis- and our way of life. have to take place before we could see sion. Just think about how technology has gigantic moves or an extension of the Taking into account that the ICANN changed our lives over the past few way we were to deal with the free flow mission is ensuring the stable and se- decades. Not so long ago, documents of information. As a result, it only cure management of the Internet do- could only be sent through the mail, took 6 years to pass the Telco Act of main system, I am extremely con- computers were enormous metal boxes 1996 because we were trying to set pol- cerned at these developments which with limited functionality, and the icy for technologies that went way be- are so critical to our national security. Internet—although it had been in- yond what was thought in 1935. In another area, to make the Inter- vented—was neither user friendly nor The free flow of information is de- net more responsible and make it re- accessible. When I was growing up, mocracy. We all base our decisions on spond to the users, to give the users the information we get. As long as it is confidence in this system, we have to watching television meant the handful a free flow of information, a free flow look at spamming. Spamming is the re- of network channels we could get from of ideas, our democracy and our Repub- ceiving of unwanted junk mail. I do not an antenna on the roof; and when our lic will remain strong and people will know of a time on my address anyway car broke down we’d have to hitch hike participate in the political arena. Free- that I have received more spam than I to the next gas station or pay phone to dom equals opportunity, but it is also am right now. It is a lot more than call for help. It’s hard to believe that held together by an ingredient called when I was in the U.S. Marine Corps, I for my three young children, those are responsibility. can tell you that. The irresponsible use things of the past. They’re used to cell We were not finished looking at the of spamming by marketers cannot be phones and cable TV. policies before we got the Internet, this tolerated. To ensure the free flow of in- We now live in a world where tech- great infrastructure of information. We formation and confidence in this sys- nology represents one of the largest have to take a look at the insurance to tem, we have to take a look at privacy. and fastest growing sectors of our be sure we have sound organizations as Those are the areas we should be fo- economy. Technology employs millions the gatekeepers. cusing on now in order to let this great of Americans and was largely respon- Specifically, before we can look at technology be a workhorse for us. sible for the tremendous economic ex- the complex area of comprehensive I thank the chairman of the high- pansion from 1994 to 2000. Technology spectrum reform, we should keep in tech task force. I applaud him for his certainly helped fuel the growth of my mind the vital nature of spectrum to leadership in taking on this great re- State’s economy. According to the U.S. those on the front line of homeland de- sponsibility. I yield the floor. Department of Commerce, Nevada is fense, our first responders: The police, The ACTING PRESIDENT pro tem- second in the Nation for net creation of fire, medical, public health, and other pore. The Senator from Virginia is rec- high-tech businesses. And I strongly emergency response agencies. ognized. encourage that growth because those

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1804 CONGRESSIONAL RECORD — SENATE March 13, 2002 businesses paid my constituents over U.S. tax revenue. It is clear that the Oregon, as many of you know, had an $1.3 billion in wages. practice of piracy must be stopped. If unemployment rate of 8 percent in Jan- Advances in technology have made not, the American economy will con- uary, well above the national average. our personal lives easier and our pro- tinue to suffer and we will lag behind The stimulus package included a fessional lives more productive. Speed other nations in technology innova- much-needed unemployment benefit bumps in the communication process tions. We must aggressively protect extension, one that Oregon had already have been eliminated and replaced with copyrighted works—both at home and qualified for because of its high unem- wireless phones and e-mail. Advances abroad—that will drive the economy of ployment rate. in technology and the Internet now tomorrow. The Commerce Committee But this stimulus package also in- allow me to visit regularly with my recently held a hearing on this impor- cluded real economic stimulus that I constituents in Nevada while I am tant issue, and I am aggressively work- believe will boost the Oregon economy. working in Washington through a real- ing with my colleagues to stop piracy Both this year and last I have had time video teleconferencing network. and bring a new level of protection to the privilege of introducing bonus de- Constituents of mine back in Nevada copyrighted works. preciation amendments to various eco- are able to listen to my remarks here Finally, Mr. President, we must en- nomic stimulus bills in an attempt to on the Senate floor by logging on to courage further advances in wireless actually stimulate business invest- my website. technology. In the last 10 years, wire- ment. Indeed, 10 years ago I would have less phone use has skyrocketed, and I did this because the current Tax never imagined technological advances over 132 million Americans now have a Code penalized businesses, especially such as these, and I am certain that cell phone. Prices have fallen and serv- the hi-tech sector, by forcing them to there will be more unforeseen break- ice quality has improved. Wireless has choose between either retaining out- throughs in the coming years. expanded beyond voice to include wire- dated equipment to fully recover their Although new technologies greatly less e-mail and text messaging, like by costs or foregoing full recovery in benefit American society, new issues Blackberry, which allows me to send order to stay abreast of the latest de- have arisen for legislators to address in and receive e-mail when I am on the velopment in the hi-tech fields. order for America to remain a world road. Businessmen, farmers, the hi-tech in- leader in technological innovation. We Overseas, next generation wireless dustry all benefit from accelerated de- must grapple with broadband deploy- technology, such as wireless video and preciation, and the impact on this Na- ment, copyright protection and en- Internet, have been deployed along tion’s economy will provide greater op- hanced wireless services if we want with many other exciting new services. portunities for jobs in my home State America to have a competitive advan- Unfortunately, the United States has of Oregon where the hi-tech sector is so tage. begun to lag behind other nations in of- critical to economic recovery. High-speed Internet access, or fering advanced wireless services. A Now we must take the next step in broadband, will drive the economy of number of issues—such as spectrum bolstering the hi-tech community by tomorrow and every American house- management, spectrum harmonization, making permanent the R&D tax credit. hold should have access to it at reason- and wireless security—demand our im- The R&D tax credit encourages in- able rates. I believe that broadband mediate attention in order to bring vestment in basic research that over Internet will serve as the foundation these exciting new services home. As a the long term can lead to the develop- for technological and communications member of the Senate Commerce Com- ment of new, cheaper, and better tech- advances in the future. According to mittee and Co-chair of the Internet nology products and services. Commerce Secretary Evans, broadband Caucus Wireless Task Force, I will con- Research and development is essen- is vital to America’s economy and will tinue to work with my colleagues in tial for long-term economic growth. In- produce over 1 million new American the Senate to reestablish the United novations in science and technology jobs and an additional $50 billion a year States as the global leader in wireless have fueled the massive economic ex- for our economy. The importance of technology. pansion we witnessed over the course this technology cannot be underesti- In conclusion, we have accomplished of the 20th century. mated, and surprisingly few Americans much over the past year on many tech- These advancement have improved have access to this service or subscribe nology issues. The Republican High the standard of living for nearly every to it due to its high cost and its lack of Tech Task Force has been an effective American. desirable content. While there are a voice for technology on Capitol Hill. Simply put, the research tax credit is number of legislative proposals cur- Members of the Task Force have an investment in economic growth, rently before the U.S. Senate which helped secure additional funding for new jobs, and important new products aim to increase broadband availability, the Patent and Trademark Office, en- and processes. this issue is far from resolved. courage greater copyright enforcement The R&D credit must be made perma- I am working with my colleagues on within the Department of Justice, and nent: This credit was originally en- the Senate Commerce Committee to provide tax incentives to stimulate acted in 1981, and has been temporarily address this important issue in a way business investment in technology in- extended many times. Permanent ex- that will level the regulatory playing frastructure. I look forward to another tension of long overdue. field for service providers, create in- productive year. Because this vital credit isn’t perma- centives for private investment in the Mr. SMITH of Oregon. Mr. President, nent, it offers business less value than networks, and preserve competition in as a member of the Senate High Tech it should. Business, unlike Congress, the marketplace. In short, instead of Task Force, HTTF, I am proud to must plan and budget in a multiyear rolling out the red tape on private in- speak about the importance of the hi- process. Scientific enterprise does not dustry, we should roll out the red car- tech sector, a sector of our economy fit neatly into calender or fiscal years. pet to allow competition in the fairest that has in the past been such an effec- Research and development projects manner possible. tive engine of growth in my State of typically take a number of years, and As more Americans subscribe to Oregon. may even last longer than a decade. broadband, private industry must work And it is this engine of growth that As our business leaders plan these cooperatively to ensure that copy- needs strengthening in order to help projects, they need to know whether or righted material is protected from pi- the Oregon economy grow. not they can count on this tax credit. racy. While America leads the world in I am so pleased that the President Current uncertainty surrounding the software, entertainment, and other signed into law last weekend an eco- credit has induced businesses to allo- kinds of intellectual property innova- nomic stimulus package that included cate significantly less to research than tion, piracy is on the rise and has both an extension of unemployment they otherwise would if they knew the taken a serious toll on our economy. In benefits and the bonus depreciation tax credit would be available in future 2000, piracy cost America an estimated changes that I and other members of years. 107,000 information technology jobs, the Task Force worked so hard to pass This uncertainty undermines the en- $5.3 billion in wages and $1.8 billion in in the Senate. tire purpose of the credit.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1805 Investment in R&D is important be- The PRESIDING OFFICER. Under ahead of us if we do not do something cause it spurs innovation and economic the previous order, the time until 11:30 significant now to change the direction growth: Information technology was a.m. shall be for debate only relative to in which we have been heading. responsible for more than one-third of ethanol. From the perspective of a Senator real economic growth in the late 1990s. Who yields time? from a farm State, and a former two- Information technology industries The Senator from Nebraska. time chair of the Governors’ Ethanol account for more than $500 billion of Mr. NELSON of Nebraska. Mr. Presi- Coalition, one of the most important the annual U.S. economy. R&D is wide- dent, for the next several minutes, I aspects of this landmark energy bill is ly seen as a cornerstone of techno- will speak about the renewable fuel the establishment of a 2-billion-gallon logical innovations, which in turn standard as part of the energy bill. For renewable fuel standard in 2004 that serves as a primary engine of long-term more than an hour, perhaps closer to 2 gradually grows to 5 billion gallons by economic growth. hours, my colleagues and I will be talk- 2012. Even if this approximate tripling This tax credit will result in higher ing about the importance of the renew- of the ethanol industry from today’s wages. Findings from a study con- able fuel standard as a part of the en- levels represents less than 4 percent of ducted by Coopers & Lybrand show ergy bill and as a part of our national the total projected U.S. motor fuels de- that workers in every State will ben- defense, as well as our economy, and mand over the next decade, it is a crit- efit from higher wages if the research for the environment. ical beginning of national importance. credit is made permanent. In the early days of the automobile, Enactment of this RFS, along with Payroll increases as a result of gains Henry Ford believed at first that the other provisions in this bill that em- in productivity stemming from the best source of power for the automobile phasize new sources of energy produc- credit have been estimated to exceed was with ethanol made from farm crops tion from renewables such as wind $60 billion over the next 12 years. and other renewable materials. It is in- power, as well as conservation to fur- Furthermore, greater productivity teresting to note, after a century of ther reduce our dependence upon for- from additional research and develop- domination by oil, that we have now eign sources of energy, will help us re- ment will increase overall economic come perhaps full circle to recognizing verse this 100-year-old reliance on fos- growth in every State in the Union. there is a place for ethanol and renew- sil fuels. It will not replace them, but Research and development is essential able fuels as part of the fuel standard it will help us reduce the amount of re- for long-term economic growth. in order to power the automobiles that liance. The tax credit is cost-effective: The we continue to drive some 100 years There is now a revolution driving R&D tax credit appears to be a cost-ef- later. American agriculture as surplus, low- fective policy instrument for increas- Ultimately, the power of oil interests value starch and oils are converted ing business R&D investment. Some re- led to policies that made oil king, with into high-value liquid fuels, with the cent studies suggest that one dollar of depletion allowances, foreign tax cred- proteins being fed locally so that the credit’s revenue cost leads to a one its, and naval convoys and armies dis- American taxpayers save money. Rural dollar increase in business R&D spend- patched to protect oilfields around the communities are reinvigorated. High- ing. world. Of course, the direct or indirect value, high-quality finished products Bonus depreciation and the R&D tax control of oil remains an American enter the export market and the Na- credit are but two of many issues that economic, diplomatic, political, and tion’s energy security and environment interest both the hi-tech sector and military priority. are dramatically improved. this Senator. While we have had, in fact, a petro- The Senate energy bill represents a While I am proud of the achievement leum age, it has ushered in many tech- historic step away from business as with the bonus depreciation I will con- nological advances. The industrialized usual in U.S. energy policy. Just as we tinue to work with hi-tech companies world’s love affair with oil has not been cannot export ourselves out of an agri- on the R&D tax credit and many other without costs. Dependence on imported cultural crisis, we also cannot drill issues to keep our economy running oil threatens our national and our en- ourselves out of our energy crisis. With strong, across this Nation and espe- ergy security, our economy, our jobs, the renewable fuel standards, it will no cially in my State of Oregon. our farmers and ranchers, our industry longer be a matter of whether or not f and our environment. Public policy de- there will be a biofuels industry to aug- cisions and discussions have continued ment our oil and auto industries. Rath- CONCLUSION OF MORNING that began nearly a century ago, er, it will be how fast can we advance BUSINESS launching upon a path which led us to these domestic renewable fuels? How The PRESIDING OFFICER (Mr. our current reliance on imported oil. do we enhance their environmental EDWARDS). Morning business is closed. Today we have a historic opportunity performance, reduce their costs, and f to begin the process of swinging back advance the technology to include the full circle, at least to some degree, in conversion of all forms of clean bio- NATIONAL LABORATORIES PART- our national energy policy. The energy mass into biofuels, biochemicals, and NERSHIP IMPROVEMENT ACT OF policy today embodied in this bill of- biopower? 2001 fers us a chance to realize the potential I am unabashedly proud of what my The PRESIDING OFFICER. Under that Henry Ford saw even then, and home State of Nebraska has accom- the previous order, the Senate will now that his successors managing Ford, plished. The formation of the National resume consideration of S. 517, which GM, and Chrysler are making possible Governors’ Ethanol Coalition was one the clerk will report. every time they produce an E–85 auto- of the most important steps. Nebraska The legislative clerk read as follows: mobile capable of running on 85-per- and several other Midwestern States A bill (S. 517) to authorize funding for the cent ethanol. More than 2 million of created this coalition that now rep- Department of Energy to enhance its mis- these so-called flexible fuel vehicles are resents 26 States and one U.S. terri- sion areas through technology transfer and on the road at this time. tory, as well as Brazil, Canada, Mexico, partnerships for fiscal years 2002 through Additionally, essentially all auto- and Sweden. 2006, and for other purposes. makers in the world produce cars that Since its formation in 1991, the Gov- Pending: run well on blends of ethanol, up to 10 ernors’ Ethanol Coalition has worked Daschle/Bingaman further modified percent, as well as those that will run to expand national and international amendment No. 2917, in the nature of a sub- up to 85 percent. We have the cars. Now markets for biofuels. I might add that stitute. we need the fuel. This bill provides the this Governors’ Ethanol Coalition in- Feinstein amendment No. 2989 (to amend- means in order to get it. cluded the current and the previous ment No. 2917), to provide regulatory over- The Energy Policy Act of 2002 will Presidents of the United States when sight over energy trading markets. Levin amendment No. 2997 (to amendment boost biofuels and biorefinery concepts they were Governors of the State of Ar- No. 2917), to provide alternative provisions to to realistically address oil import lev- kansas and the State of Texas. Within better encourage increased use of alternative els that have now surpassed the 56-per- the State of Nebraska during the pe- fueled and hybrid vehicles. cent mark, with ever higher levels riod of 1991 to 2001, seven ethanol

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1806 CONGRESSIONAL RECORD — SENATE March 13, 2002 plants were constructed and several of Last summer, Senator TIM JOHNSON In this bill, we have a consensus these facilities were expanded more and my colleague from Nebraska, Sen- agreement that has been crafted by the than once during the decade. I do not ator HAGEL, introduced legislation that leaders who brought the bill to the want to take full credit for that time- dealt with this very issue. Their hand floor, and with that agreement we will frame, but I want the record to reflect is felt throughout the bill. I congratu- triple the use of ethanol in the United it happened during my watch. late them and thank them for their ef- States over the next 10 years. In tri- Specific benefits of this national eth- forts. Senator Daschle’s and Senator pling it, it will not just help the eco- anol program in Nebraska include more LUGAR’s tireless efforts created a bill nomics of the farm bill, it will mean we than $1.2 billion in new capital invest- with broad consensus, taking shape in are going to have cleaner air in Amer- ment in ethanol processing plants, 1,005 the form we see today, the legislation ica, a better environment for America permanent jobs at the ethanol facili- before the Senate. They have taken an in its cities and its towns, and less de- ties, and over 5,000 induced jobs di- issue that could have been controver- pendence on foreign oil. That, to me, is rectly related to plant construction, sial and instead introduced a bill that a positive at three different levels. operation, and maintenance. The per- provides a wide-reaching blueprint for I salute all those responsible for it: manent jobs alone generate an annual future renewable energy goals. These the Renewable Fuels Association, Na- payroll of $44 million. More than 210 provisions are a direct result of their tional Corn Growers, American Petro- million bushels of corn and grain sor- leadership. I am honored to be a co- leum Industries, the American Farm ghum are processed at the plants annu- sponsor of this bill. Bureau, the Farmers Union, and so ally. Economists at Purdue University I personally take a moment to recog- many others. This really makes a dif- and the USDA estimate that the price nize and thank staff who have worked ference. of corn increases from 9.9 cents to 10 on this issue as well. They worked long As a result of this decision, we are cents per bushel for every 100 million hours to put the bill together. Their ef- going to see more ethanol blended with bushels of new demand. Local price forts are much appreciated. Eric gasoline. It is going to mean the ex- basis increases in Nebraska range from Washburn from Senator DASCHLE’s haust coming out of our tailpipes 5 cents to 15 cents, quite a stimulus for staff and the rest of the team are a real across America for years to come is agriculture in ethanol-producing areas. asset to Senator DASCHLE and have going to be less of a threat to the fami- These economic benefits and others been a tremendous help to me person- lies across America. When we face an have increased each year during the ally throughout this process. past decade due to plant expansion, I ask my colleagues to join me in epidemic of lung and respiratory dis- employment increases, and additional promoting new opportunities for the ease such as asthma and other prob- capital investment. technologies that will put our fuels and lems, it is essential we continue to If each State produces 10 percent of our world transportation fuels on solid, move forward with the use of this its own domestic renewable fuels, as sustainable, and environmentally en- clean-burning fuel. Nebraska does, America will have hancing ground. We owe it to our coun- I have been chairman of the House turned the corner and that noose of oil try now and to future generations to Alcohol Fuels Caucus and a member of import dependency and climate change pass this legislation. the Senate Alcohol Fuels Caucus. I can will begin to fade away. In the world of The PRESIDING OFFICER. Who tell you this is a great day. I salute all renewable biomass, there are no yields time? those who crafted this wonderful com- wastes, just feed stocks for other pro- Mr. NELSON of Nebraska. I yield promise which is going to really make duction systems, without the fossil- time to the distinguished Senator from a commitment. based toxins blocking the next biologi- Illinois. I think Senator NELSON alluded to cal step. Mr. DURBIN. I ask for 10 minutes. what will happen. Now that there is I ask my colleagues to take a new Mr. NELSON of Nebraska. That will some certainty this bill will be signed look at the opportunities offered by be fine. into law, you will have more and more RFS and grasp the full potential of the Mr. DURBIN. Mr. President, I thank ethanol production coming on line. biorefinery portions of this energy leg- the Senator from Nebraska for his And for my selfish reasons, for islation. These provisions are urgently leadership on this issue. Where we downstate Illinois, where our economy needed to increase our energy and our come from, ethanol is a big deal. It is is struggling with high unemployment national security, create new basic in- a big deal because we have a lot of corn and where we have more ethanol pro- dustries and quality jobs, reduce the growers, farmers who need to have a duced than anywhere in America, we vulnerability of our energy supplies, better price for their corn. They need want to see plants springing up, not enhance the environment, contribute increased demand for their sales in the just in Illinois but in Nebraska, Mis- United States and overseas, and we to the stabilization of greenhouse souri, Iowa, South and North Dakota— know the ethanol industry consumes gases, while improving America’s eco- wherever we can find the agricultural about 1 out of every 6 acres of corn nomic performance. Everyone gains feed stock to produce ethanol. We have across America. So as we increase the from this effort. the potential of creating good-paying This balanced and comprehensive demand for ethanol in America, we in- jobs and then to have the technology piece of legislation is the end result of crease the demand for corn, raising the from its source near the usage point the dedication of so many of my col- prices and helping our farmers to sus- that can help our economy all across leagues. It was not always easy to fore- tain their farm operations and to have the Midwest. see the day when biofuels and other re- less dependence on the Federal Govern- newable resources would be poised to ment from year to year. This is a terrific shot in the arm in be a major component of our national This is a major breakthrough. I sa- terms of the economy of the Midwest, energy policy. The farsightedness of a lute all those responsible for it: Sen- in terms of the environment of the Na- few has directly led to the creation and ator TOM DASCHLE, Senator JEFF tion. I salute all those who worked so wide acceptance of the bill before the BINGAMAN, Senator BEN NELSON of Ne- hard to make this a reality. Senate today. braska, as well as all those on the Re- The second half of my statement is The oil production versus imports publican side of the aisle. What has not as positive or optimistic or hope- chart shows the domestic oil produc- happened for the first time in 20 years ful, but I want to add it because I think tion peaked in 1970 and again in 1985 since I have been on Capitol Hill is that it is essential that we keep this and has continued to drop. The oil im- we finally have reached this moment achievement in perspective with what ports on the graph are shown to have where we have an agreement, an agree- we are about to do this morning in just expanded from 1950 to the point where ment between the ethanol producers— 2 hours on the floor of the Senate. they are more than 10 million barrels the corn growers, obviously—and the By every vote count that I have seen, per day, and the trend continues. We oil industry. This is a big breakthrough we are about to reject any significant must, in fact, support the growth of because this has been a pitched battle increase in fuel efficiency in auto- our own industry in the domestic pro- for two decades, with the oil companies mobiles and trucks across America as duction of fuels to power our energy doing everything they can to suppress part of this energy bill. The special in- needs. ethanol production. terests who have come to Capitol Hill

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1807 to fight off any improvement in fuel ef- I can tell you, quite frankly, that the braska, Senator NELSON. He has been a ficiency are about to score a big vic- Senate will bow down to the special in- leader on renewable fuels for many tory this morning. That is a sad com- terests this morning so that America years—long before he came to the Sen- mentary on the Senate and on our ef- has to bow down to OPEC for decades ate, when he served our State of Ne- forts to be honest in trying to find a to come. braska ably as its Governor for 8 years, way, at least, to move toward energy That is a sad commentary on the and for his leadership over those years. independence and energy security for Senate and this energy bill. He brings that leadership and experi- America. It is a triumph for these spe- It is naive for the American people to ence to this body in regard to not only cial interests. It is a defeat for the believe we can truly have energy secu- this issue but many others. American people. It is about to happen rity and independence if we don’t ad- I rise in support of the renewable in just 2 hours on the floor of this Sen- dress the efficiency of the vehicles we fuels standard included in the under- ate. drive. Approximately 40 percent of the lying bill. This legislation is important The opponents of increasing fuel effi- oil we are bringing up today from un- if we are to increase the market share ciency have no faith in the ability of derground is being used to fill our vehi- for renewable fuels, such as biodiesel, America’s creative genius to come up cles. By the year 2020, over 50 percent ethanol, and biogas from landfills and with better technology and better is going to be used for highway travel feedlots. science so we can have more fuel-effi- and for vehicles and trucks. If you do I, too, wish to recognize and thank cient vehicles. The opponents of this not address fuel efficiency, you are not other colleagues who have been very fuel efficiency standard have no faith dealing honestly with the question of important to this debate over many in the American people. They stand in America’s energy future. years, especially Senators GRASSLEY, the Chamber and say: We wouldn’t dare I can’t believe we are standing here LUGAR, DASCHLE, BOND, and in par- tell people they couldn’t buy bigger today to witness this on the floor of ticular, as Senator NELSON has stated, and fatter SUVs year after year. the Senate. But by every vote count Senator JOHNSON, who has been a I think more of the American people that I have seen, we are going to lose strong leader both during his tenure in understand we are at war against ter- big. The special interests are going to the House and here in the Senate, and, rorism; we are a nation at risk; we are come in and tell us there is no way of course, again, my colleague from Ne- dependent on foreign oil. These Amer- they can design an engine for fuel effi- braska, Senator NELSON. ican families and businesses are ready ciency. I don’t believe it. Frankly, I am Also, those groups that represent to participate, roll up their sleeves and embarrassed by the fact that most of many of the important interests of this help America move toward energy se- the good technology that is leading the country that were very involved in curity. To suggest we would not dare way in fuel efficiency and emissions bolting together a compromise for this ask them to consider buying a different has come from overseas automakers. section of the energy bill, as Senator vehicle 5 or 10 years from now is an af- We are better than that. American is DURBIN pointed out, should be recog- front to the unity which America has better than that. nized and thanked for their participa- shown since September 11. For the Senate to abandon any hope tion and their support in helping to de- Finally, it is a reflection on this Sen- that we can develop this technology is velop this section of the bill. ate, as well as the House of Representa- a sad commentary on this view of what During a recent stop to the Midwest, tives, for its failure to show leadership our potential is as a nation. For them President Bush proclaimed the promise on this critical issue. In 1975, this Con- to turn their backs on the fact that if of renewable fuels, saying, gress took a look at the average fuel we don’t have better fuel efficiency we Renewable fuels are gentle on the environ- economy of fleets across America at 14 are going to continue to be inde- ment, and they are made in America so they miles per gallon, brought together the pendent on foreign oil for decades to cannot be threatened by any foreign power. political courage despite the opposition come is, frankly, a tragic mistake. Ethanol and biofuels are fuels of the future of the Big Three in Detroit, and said in I sincerely hope that good numbers for this country. 10 years we are going to double fuel ef- about renewable fuel standards will be The President is right. Renewable ficiency in vehicles across America part of this ultimate legislation. I hope fuels afford us the opportunity to de- from 14 to 27.5 miles a gallon. even more that before the end of the velop energy, environmental and eco- We were told by the Big Three: it is morning hour we will see some courage nomic policies that work together. A impossible; we can’t do it. We will be in this Senate to stand up to the spe- renewable fuel standard would enhance selling vehicles people don’t want to cial interests, stand up to OPEC, and our environment, strengthen national buy. They will be kiddy cars and go- say we are truly going to move towards security, reduce our trade deficit, and carts—that is the only way to achieve energy security in this Nation. decrease our dependence on foreign oil. it, and you will drive businesses over- I yield the floor. Today, less than 1 percent of Amer- seas. The PRESIDING OFFICER (Mrs. ica’s transportation fuel comes from They were wrong then, and they are CLINTON). The Senator from Nebraska renewable sources. Under this energy wrong now. In over 10 years we doubled is recognized. bill, renewable fuel use would increase the fuel efficiency of vehicles across Mr. NELSON of Nebraska. Madam to approximately 3 percent of our total America. By 1985, we were at 27.5 miles President, it is my pleasure at this transportation fuel supply. This would per gallon. So what happened between point to yield the floor to the distin- more than triple the amount of renew- 1985 and today? In terms of increasing guished senior Senator from the State able fuel we now use. fuel efficiency, absolutely nothing. of Nebraska, my colleague, Mr. HAGEL. Today, America imports nearly 60 Nothing has been done by Congress or I welcome his support for ethanol. As a percent of the crude oil it consumes— by the industry in the United States to colleague, as a Nebraskan, and as Mem- estimated to climb as high as 70 per- produce automobiles and trucks that ber of this body, I congratulate him cent by 2020. are more fuel efficient. and Senator JOHNSON on their support Senator NELSON displayed a chart So we come today with a proposal of this very important bill. which I think very clearly indicates that over the next 12 or 13 years we will The PRESIDING OFFICER. The Sen- the danger this presents to our foreign increase fuel efficiency by 30 percent. ator from Nebraska. policy, to our interests, and to our geo- It is going to be rejected on the floor of Mr. HAGEL. Thank you, Madam political and strategic trade interests the Senate. That, to me, is shameful. It President. around the world, which now are, as we is shameful that we have reached the Madam President, I ask that I be know, interconnected. point where we have no faith in Amer- given 10 minutes of time from the Re- Almost a fourth of these imports ica’s technology, no faith in the people publican side. come from the Persian Gulf, where Iraq of this country to stand behind energy The PRESIDING OFFICER. The Sen- currently sells the United States be- security, and no faith in the ability of ator has that right. tween 600,000 and 1 million barrels of the Senate to show leadership at a Mr. HAGEL. I thank the Chair. oil a day. time when this country expects us to I first acknowledge the statements of This renewable fuel standard is a fair do so. my friend and colleague from Ne- and workable compromise based on

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1808 CONGRESSIONAL RECORD — SENATE March 13, 2002 months of work with the petroleum in- eral important national policy objec- tough national fuels issues has never dustry, the environmental community, tives. led me astray. DOE, USDA, and EPA. This is flexible The fuels provision establishes great- This agreement could not have been legislation—not a gallon-by-gallon er flexibility in the Nation’s gasoline fashioned without the leadership and mandate. It will not force a specific regulations, protects air quality and advocacy of Red Caveney, president of level of compliance in places where nearly triples the use of domestic, re- the American Petroleum Institute, Bob compliance may be difficult. newable fuels over the next 10 years. Dineen, president of the Renewable To guard against possible fuel short- And, significantly, it enjoys the sup- Fuels Association, Jason Grumet, ages, it permits the EPA Adminis- port of the ethanol industry, the oil in- former executive director of the North- trator, in consultation with USDA and dustry and environmental organiza- east States Coordinated Air Use Man- the Department of Energy, to adjust tions, three segments of society that agement Agency, Bruce Knight, presi- the renewable fuel requirement. have not always agreed on transpor- dent of the National Corn Growers As- To make this legislation even more tation fuels issues. sociation, Tom Buis, executive director flexible, refiners, blenders, and import- A number of organizations worked of the National Farmers Union, and ers will have access to a credit trading diligently to fashion this agreement Doug Durante, chairman of the Clean program—so those who use more re- and deserve a lion’s share of the credit Fuels Development Corporation. I am newable fuel can sell credits to other for its success. They include the Amer- deeply grateful for the hard work and refiners, blenders, and importers who ican Coalition for Ethanol, the Renew- focus of these dedicated individuals as fall short on meeting their require- able Fuels Association, the Governor’s well as for the valuable contribution of ments. Producers will not be penalized Ethanol Coalition, the National Farm- Todd Sneller, administrator of the Ne- if there are insufficient supplies of re- ers Union, the Farm Bureau, the Na- braska Ethanol Board, Larry Pearce, newable fuel. Finally, small refiners tional Corn Growers Association, the director of the Nebraska Energy Office, will be exempt from their requirements American Corn Growers Association, and Bill Holmberg, an original foot sol- established by this program. the American Petroleum Institute, the ider in our 20 year campaign to pro- In the wake of September 11, Amer- Northeast States Coordinated Air Use mote the use of renewable fuels in ica and the rest of the free world face Management Agency, the Clean Fuels America. dramatic new challenges. Energy inde- Development Coalition and the Amer- Senators TIM JOHNSON and CHUCK pendence is one of the most serious of ican Lung Association. It is indeed tes- HAGEL deserve enormous credit for leg- these challenges. tament to the spirit of compromise in islation they introduced to establish a Our Nation needs a broader, deeper, the U.S. Senate that all these groups very ambitious renewable fuels stand- and more diverse energy portfolio—one representing often divergent constitu- ard, and for their tireless work in pro- that ensures we have clean, reliable, encies and interests can come together moting this concept. And there are and affordable domestic sources of en- to create a product that benefits all. many others BEN NELSON, TOM HARKIN, ergy. Expanding the market for renew- While these groups came to the nego- CHUCK GRASSLEY, MARK DAYTON, PAUL able fuels is a modest, but significant tiating table with the interests of their WELLSTONE, MAX BAUCUS, DICK DURBIN, part of the solution. To enhance na- members firmly in mind, they also un- KIT BOND, and others—who also deserve tional energy security and improve en- derstood that the fuels component of recognition for the progress we have vironmental quality, we need a reason- any viable energy strategy must serve made on this issue. Senator NELSON, able renewable fuel standard. As Presi- a variety of national goals. Without for example, has, at my request, taken dent Bush said, ethanol, biodiesel, and their embrace of this far-sighted ap- on the responsibility of managing this other biofuels are the fuels of the fu- proach, this balanced agreement would debate on the fuels provision. ture for this country. not have been possible. Chairman JIM JEFFORDS and Ranking I ask my colleagues to support the Among the Senators that I would Member BOB SMITH also deserve tre- renewable fuel standard in this energy like to thank, first and foremost is mendous credit for moving this legisla- bill to make renewable fuels an impor- Senator DICK LUGAR. The seeds of this tion through the Environment and tant component of a new national en- agreement were planted a few years Public Works Committee and for bring- ergy plan which is so vitally important ago when Senator LUGAR and I first in- ing their expertise and steady de- to the future of this country. troduced legislation to establish a re- meanor to the negotiating table. Their I yield the floor. newable fuels standard and provide involvement was critical to the suc- Mr. NELSON of Nebraska. Madam greater flexibility in producing refor- cessful brokering of this agreement. President, I thank the Senator from mulated gasoline. Senator LUGAR’s en- This agreement makes a number of Nebraska for his very articulate com- thusiastic support gave this idea need- important changes in Federal law ments supporting the efforts for the re- ed momentum and helped lay the based on the experience we have gained newable fuels standard and for his sup- groundwork for the agreement that over the last 7 years of implementing port for ethanol. It is a pleasure to was reached last week. the reformulated gasoline program. It work with him on this issue. I would be remiss if I didn’t acknowl- eliminates the oxygen requirement Madam President, I thank members edge the involvement of the White from the reformulated gasoline pro- of my staff, as a matter of privilege, for House in crafting this agreement. An- gram, a change that is very important their support and their work on this drew Lundquist, who has a unique per- to the efforts of States like California important issue. I have identified Eric spective gained as a former staff direc- and New York, who are planning to Washburn of Senator DASCHLE’s staff. tor of the Senate Energy Committee eliminate MTBE from their gasoline It is my pleasure to also thank my and Director of Energy Policy for the supplies in the near future. But, in so staff, Tom Litjen as well as Scott President, has been extremely helpful doing, it also ensures that we preserve McCullers. throughout the negotiation process, the hard-fought air quality gains that At this time, I yield the floor to the both in identifying effective policy and have resulted from the implementation distinguished Senator from North Da- working with diverse parties to achieve of that requirement. kota, to be followed by the distin- it. The agreement establishes a renew- guished Senator from Missouri. Among those whose opinions I sought able fuels program to nearly triple the Mr. DASCHLE. Mr. President, I early in this effort and who always pro- use of renewable fuels like ethanol and would like to join my colleagues this vide me with intelligent and helpful biodiesel over the next 10 years. It also morning in congratulating the officials advice are Trevor Guthmiller and Bob provides special encouragement to bio- and organizations that came together Scott of the American Coalition for mass-based ethanol, which holds great recently to negotiate a broad com- Ethanol, and Dave Hallberg, the first promise for converting a variety of or- promise agreement on the regulation of president of the Renewable Fuels Asso- ganic materials into useful fuel, while clean-burning fuels in the United ciation who currently is developing an substantially reducing greenhouse gas States. This is truly an historic agree- innovative ethanol plant and cattle emissions. This will have substantial ment that reconciles a variety of com- feedlot in Pierre, SD. Their common benefits for the environment and for peting interests in order to meet sev- sense, South Dakota counsel on these rural economies, while helping to lower

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1809 our dangerous dependence on foreign As with all compromises, this agree- GOVERNORS’ ETHANOL COALITION, oil. ment is not ideal for anyone, but meas- Lincoln, NE, March 12, 2002. It bans MTBE in 4 years and author- ured against maintaining the status Hon. TOM DASCHLE, izes funding to clean up MTBE con- Majority Leader, U.S. Senate, quo, this agreement will provide con- Washington, DC. tamination and to fix leaking under- siderable additional flexibility to Cali- Hon. TRENT LOTT, ground tanks. This section is particu- fornia and other states in producing larly important to States like Cali- Minority Leader, U.S. Senate, and using clean-burning gasoline. For Washington, DC. fornia that are struggling to clean up example, if this compromise were not DEAR SENATOR DASCHLE AND SENATOR groundwater contaminated by MTBE. developed, California would need to LOTT: On behalf of the 27 members of the It allows the most polluted States to Governors’ Ethanol Coalition, we are writing meet the existing reformulated gaso- opt into the reformulated gasoline pro- to express our strong support for the provi- gram, and provides all States with ad- line oxygen requirement and imple- sions including in the Energy Policy Act of ditional authority under the Clean Air ment the ban on MTBE that the gov- 2002 (S. 517), which will establish a national Act to address air quality concerns. ernor has stated will go into effect ei- renewable fuels standard. ther at the end of 2002 or, if extended, The provisions set forth in the Manager’s I would like to take a moment to ac- Amendment to S. 517 reflect an agreement knowledge concerns about this pro- at the end of 2003. This scenario would negotiated over the last two years by the gram that have been expressed by my result in the need for California to use states, agricultural interests, refiners, and friends and colleagues from California, over 800 to 900 million gallons of eth- the environmental community that will ad- who in light of their recent experiences anol in 2004, far more than the renew- dress such important issues as MTBE water with electricity markets are under- able fuels requirements of this com- contamination and the oxygenate require- standably wary of new energy regula- ments in reformulated gasoline while pro- promise. viding a significant market for renewable tion in the fuels market. In response to Finally, under the bill, refiners in fuels such as ethanol and biodiesel. Specifi- their concerns, I and those partici- California and throughout the Nation cally, we support those provisions in S. 517 pating in the development of this com- can buy credits from refiners that use that: Create a national renewable fuels promise have taken a number of steps standard, ensuring a growing part of our na- ethanol in other States to meet its re- to ease California’s transition from tion’s fuel supply, up to 5 billion gallons by MTBE to ethanol. Under the com- quirement, rather than use actual gal- 2012, is provided by domestic, renewable promise, California no longer needs to lons of ethanol. This ensures that eth- fuels; eliminate the use of MTBE in the United States within four years; eliminate meet the oxygen requirement of the re- anol will be used where it is most effi- cient and economical. the oxygenate requirements in the reformu- formulated gasoline program upon en- lated gasoline program; and maintain the air actment; this is one year ahead of In the development of this com- quality gains of the reformulated gasoline other States with reformulated gaso- promise, I have had numerous con- program. line programs. This modification was versations with my colleagues, Sen- By enacting these provisions, we will strengthen our national security, displace possible because of California’s pro- ators FEINSTEIN and BOXER, and with gressive State fuels program that en- imported oil from politically unstable re- California Governor Gray Davis and gions, stimulate ethanol and biodiesel pro- sures protection of air quality in the the director of the California Depart- duction, expand domestic energy, supplies, absence of the oxygen requirement. ment of Environmental Protection, and continue to reduce air pollution. To address concerns that have been Winston Hickox, about the effect of a We encourage you to support these provi- raised about ethanol supplies, prices renewable fuels standard on their sions and to resist any amendments that and logistics, the compromise requires state. I respect their knowledge of would alter this landmark agreement. Sincerely, that during 2003, before the renewable their State’s energy situation and their fuels standard takes effect, the Depart- BOB HOLDEN, passion and tenacity in defense of their ment of Energy study these issues. If Governor of Missouri, State’s interests. No one wants to see Chair. that study determines that there will price volatility in any regional mar- JOHN HOEVEN, be any problems with the ethanol pro- Governor of North Da- gram in 2004, then the EPA Adminis- ket. The renewable fuels provision has been modified in response to Califor- kota, Vice Chair. trator is directed to reduce the level of MIKE JOHANNS, the mandate for 2004. nia’s concern about possible future en- Governor of Nebraska, Under the renewable fuels program, ergy scenarios, and, I believe, effec- Past Chair. California and any other State can tively protects the state against unin- Mr. VOINOVICH. Mr. President, I apply to EPA under separate provisions tended consequences. rise today to express my support for of the bill to request that the Adminis- In the finest tradition of the U.S. the ethanol provision that has been in- trator reduce the ethanol mandate in Senate, this agreement represents a cluded in the Energy Policy Act. I was any year of the program, based on sup- careful balance of often disparate and pleased to join my colleagues, Senators ply or economic concerns. The Con- competing interests. No member or or- GRASSLEY, DASCHLE, BOB SMITH, gress will expect the Administrator to ganization got everything they wanted. HAGEL, BOND, BROWNBACK, and BEN enforce this provision diligently. But in the end, each participant won NELSON, in developing a policy on eth- Moreover, the compromise allows important victories that made this anol that addresses the concerns of a California in 2004 to meet its ethanol agreement stronger. variety of stakeholders in the energy requirement by blending ethanol only debate while providing a tangible ben- in the wintertime. This is very signifi- I look forward to working with my efit for the American people. I believe cant, because California is expected to colleagues in the Senate, the House the inclusion of this provision is a key use 300 to 400 million gallons of ethanol and the White House to enact this im- element in our effort to construct a in 2004 to meet its wintertime carbon portant compromise this year. viable energy policy. monoxide Clean Air Act requirements Finally, I ask unanimous consent to As I have often stated, we face an in- anyway, while the new renewable fuels place a letter into the RECORD that I credible challenge in putting together program will require the use of less received yesterday from the Governor’s an energy policy for our Nation. In my than 250 million gallons that year. In Ethanol Coalition. The coalition has view, the Senate’s final product has to other words, California will use more been a strong supporter of my efforts be a policy that harmonizes energy and environmental policies, acknowledging than 100 million gallons of ethanol in to enact a renewable fuels standard 2004 than the new mandate requires. So that the economy and the environment from the very beginning, and it gives the ethanol mandate that is in this bill are vitally intertwined. It has to be a me great pleasure to have worked should have no effect on California in policy that broadens our base of energy closely with that organization for the 2004, and will substantially lessen Cali- resources to create stability, guarantee fornia’s ethanol requirements com- last few years in this regard. reasonable prices, and protect Amer- pared to current law unless the State There being no objection, the letter ica’s security. It has to be a policy that decides not to implement its ban on was ordered to be printed in the won’t cause energy prices to sky- MTBE. RECORD, as follows: rocket, which would unfairly affect the

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1810 CONGRESSIONAL RECORD — SENATE March 13, 2002 elderly, the disabled, and low-income our roads, the purpose for which it was mentation, and combustion, ethanol families. Finally, it has to be a policy collected in the first place, and keeps contributes no net carbon dioxide to that won’t cripple the engines of com- ethanol viable by restoring people’s the atmosphere. The transition to cel- merce that fund the research that will faith that the taxes they pay on this lulosic ethanol would have a positive yield future environmental protection clean fuel are used properly. effect on air quality in American cit- technologies. I am delighted that the Senate was ies. The Senate is currently working to able to come together and craft a bi- Cellulosic ethanol could be intro- address these challenges, and I believe partisan agreement on the treatment duced directly into our current auto in- the inclusion of an ethanol provision in of ethanol. It is my hope that the spirit frastructure with only modest changes. this bill will help the environment, of bipartisanship will continue In fact, Henry Ford originally thought protect public health, promote fuel ef- throughout the energy debate so we ethanol would be the fuel of choice to ficiency, reduce our dependence on for- can finally put in place a comprehen- power cars. Studies indicate that the eign oil, boost the economy, and create sive national energy policy. United States has more than enough and retain jobs for Americans, all at Mr. LUGAR. Mr. President, our de- idle land to supply a significant por- the same time. As the ranking member pendence on oil from the Middle East tion of its transportation fuel needs of the Senate Clean Air Subcommittee, represents a grave national security with cellulosic ethanol. Cellulosic eth- I am especially pleased that expanding threat. The events of September 11 anol compares favorably to gasoline in the use of ethanol will help reduce auto have underscored the urgency of mov- its performance as an internal combus- emissions, which will clean the air and ing forward on multiple fronts to im- tion engine fuel with considerably improve public health. prove our energy situation in the short higher octane levels. Reductions in Becuase of the events of September term and achieve energy independence processing costs of ethanol are already 11, perhaps our greatest energy chal- in the long term. occurring, and further reductions are lenge is to lessen our reliance on for- I have long believed that renewable imminent. We must remember that eign sources to meet our energy needs. energy is a vital part of the solution. ethanol processing remains a relatively As my colleagues know, the United Renewables are essential to freeing young industry. Oil processing is States currently imports about 58 per- ourselves and developing countries cheaper now because it has had the cent of our crude oil. For both national from growing dependence on oil im- benefit of a century of intensive re- security reasons, particularly now, and ports from volatile regions of the search and development. Further market penetration of cellu- as part of a comprehensive energy pol- world. They also help address climate losic ethanol as a fuel provides a cash icy, it is crucial that we become less change. This is why I have long sup- crop to any region that grows grass, dependent on foreign sources of oil and ported increased funding for biomass, trees or other vegetation. This offers look more to domestic sources to meet solar, and other renewable energy pro- enormous potential for rural develop- grams. our energy needs, and ethanol is an ex- ment both in the United States and Today I am proud to introduce with cellent domestic source. Ethanol is a abroad. Such a democratization of my colleagues a bipartisan agreement clean burning, home-grown renewable world energy supplies could reduce on provisions in the energy bill that fuel upon which we can rely for genera- armed conflict, lower the risk of global would go far toward diminishing our tions to come. recession, and aid in the development Creating a greater market for eth- Nation’s dependence on oil imports. of emerging markets. National security anol is good for our Nation’s economy The proposal incorporates into the en- complications and costs stemming ergy bill the Daschle-Lugar national and, in particular, good for Ohio’s from the need to safeguard Middle renewable fuels standard legislation economy. Ohio is one of the Nation’s Eastern oil resources will be dimin- that Senator DASCHLE and I introduced leading consumers of ethanol, with 40 ished. percent of the gasoline consumed in in May of 2000. The agreement my colleagues and I the State having an ethanol content. This proposal, like the legislation I reached on the renewable fuels stand- Ohio has placed a tremendous impor- introduced with Senator DASCHLE, ard provision of the energy bill will tance on expanding the use of ethanol, would phase-out the use of MTBE, form an important and essential com- so much so, we are actively pursuing Methyl Tertiary Butyl Ether, and in- ponent of our national energy policy, an opportunity to get ethanol produc- crease the use of ethanol and biomass but it is only the beginning. I encour- tion plants built in Ohio. ethanol as the clean fuel additive to age my colleagues to support this In addition to consumption of eth- gasoline. Use of biofuels would nearly agreement and to work with President anol, Ohio is also a major producer of triple over the next decade. Bush to achieve national energy secu- the main component of ethanol, corn. Fuel derived from biomass offers the rity. In fact, Ohio is 6th in the Nation in most promising long-term approach to Mr. CRAIG. Mr. President, I rise terms of corn production, and an in- the problems of oil dependence. Pre- today to discuss the renewable fuels crease in the use of ethanol across the viously, ethanol could only be produced provision in the energy bill that we are Nation means an economic boost to efficiently from a tiny portion of plant debating. Renewable energy sources thousands of farm families across my life including corn and other are an increasingly important part of State. feedgrains. High production costs made our energy generation, and it is clear Finally, I am also pleased that the a broad transition to ethanol fuel im- that they will only continue to in- tax package reported out of the Fi- practical. But recent breakthroughs in crease in importance. Thus, the debate nance Committee to accompany the genetic engineering of biocatalysts, en- is not over whether or not we will de- energy bill includes a provision that zymes, bacteria and yeasts, make it velop renewable energy resources, but would transfer the 2.5 percent per gal- possible to break down a wide range of how we will do so. lon of the federal tax on ethanol-blend- plants. Like the Daschle-Lugar legisla- Throughout my career in Congress, I ed fuels from the General Fund to the tion, the proposal that we are intro- have supported and led efforts to ex- Highway Trust Fund. This provision is ducing today includes a special credit plore the development and promotion similar to the Highway Trust Fund Re- for ethanol used under the renewable of renewable fuels. I have done this for covery Act, a bill that Finance Com- fuels standard program that is pro- several reasons including their value in mittee Chairman MAX BAUCUS and I in- duced from non-grain cellulosic mate- offsetting our nation’s dependence on troduced last summer. rials like rice straw, municipal waste, foreign sources of energy, their envi- As my colleagues may know, 2.5 and fast-growing poplars. Such fuel is ronmental benefits, and the potential cents of 13.1 cents-per-gallon ethanol environmentally friendly and would economic opportunities for agricul- tax presently goes straight to the not require significant changes to tural producers and rural communities. Treasury. That is more than $400 mil- America’s automobile-based infrastruc- Clearly, hydropower is our greatest re- lion for transportation improvements ture. newable supply. About ten percent of lost per year, including $50 million to There is a virtual consensus among our nation’s electricity is from hydro- Ohio. The Finance Committee provi- scientists that when considered as part power. However, another very prom- sion ensures that the money is used for of a complete cycle of growth, fer- ising renewable energy source with

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1811 great potential is ethanol, and this is the Senate, and my constituents to de- America’s energy past has been one the area where I want to concentrate velop a comprehensive energy policy of fossil fuels, air pollution, and de- my discussion of renewables. that includes a new and strengthened pendence on foreign oil. Our new en- Ethanol has already proven its im- resolve to develop domestically grown ergy policy should not repeat the mis- portance to the nation. Its use as part renewable sources of energy. The eth- takes of the past. It must be forward of the clean fuel program has dramati- anol language in this bill is an impor- looking, it must invest in a sustainable cally reduced air pollution in many cit- tant step in that direction. Bio-fuels, and independent energy future and not ies across the nation. In fact, cities including ethanol, can and should be an subsidize the failed policies of the past. around the nation have found that important part of our path to energy America’s energy future can start using fuels with an ethanol blend help independence, and I urge my colleagues today with a greater investment in re- them to meet federal clean air targets. to support the renewable fuels provi- newable energy. Ethanol also helps us to take a step sions in this bill. The PRESIDING OFFICER. The Sen- closer to energy independence. By in- Mr. HARKIN. Mr. President, America ator from North Dakota. creasing our use of ethanol, we will needs a new energy policy that will in- Mr. DORGAN. Madam President, rely less on imported foreign oil and crease America’s energy independence first of all, I thank the Senator from more on America’s farmers. and reduce the dramatic energy price Nebraska for his leadership on this Another benefit of ethanol is that, at spikes that hit Iowans right in the issue. We are talking about the energy the same time it helps the environment pocketbook. We need a forward look- bill today in the Senate Chamber. We and makes our nation more energy ing, sustainable and environmentally have been on this bill for some while, independent, it also helps our rural friendly policy that will provide for and we hope very much we will con- communities. As a rancher in Midvale, America’s national security and eco- clude it soon. But one piece of the en- Idaho, I believed—and still do—that en- nomic security. ergy bill deals with what is called the ergy can be a value-added opportunity One of the keys to our energy future renewable fuel standards. For those for agriculture and I have worked to is a sustainable, environmentally who are not accustomed to what the ti- advance technological opportunities friendly energy policy that includes tles mean, it simply means alternative for ethanol and other bio-fuels. Cur- the adoption of a nationwide renewable fuels, such as ethanol. rently, ethanol uses around seven per- fuels standard. By requiring that a per- Ethanol is an awfully good example— cent of our nation’s corn crop, and eth- centage of all the gasoline marketed in there are others—of what would help us anol production facilities are an impor- America contain renewable fuels we reduce our reliance on foreign sources tant economic resource in many states, can greatly improve our energy secu- of energy. I have been to ethanol plants around including my own. Without this eco- rity, protect the environment, and cre- the country, and a couple of them in nomic stimulus, many rural commu- ate jobs through the farm-based prod- ucts used in energy production. North Dakota. It makes good sense, nities, which are already poorer and I’ve worked for years in the Senate from a kernel of corn or a kernel of have higher unemployment than the to build bipartisan consensus for the barley, to be able to take the drop of rest of the Nation, would be hurting creation of a national renewable fuel alcohol from that kernel of corn to ex- even more. standard, introducing my own legisla- For these reasons, I have always been tend America’s energy supply, and, at tion and cosponsored similar legisla- the same time, have the protein feed a supporter of ethanol. As part of my tion by Senators TIM JOHNSON, and stock left to feed the cattle. So you efforts to promote it, there have been CHUCK HAGEL. This bipartisan effort have a circumstance where you grow numerous times in the past when I sup- paid off when we included a renewable your fuel. ported legislation to help our nation fuels provision in the Senate energy Frankly, I did not know much about develop its ethanol industry. For exam- bill recognizing the benefits of the oxy- this a couple of decades ago. I saw an ple, I was proud to join a majority of gen content requirement in the refor- ad in one of the big daily newspapers, Senators in voting to support the 5.4 mulated gasoline program. and it was by one of the largest oil cent per gallon tax credit for ethanol, The bipartisan renewable fuels provi- companies in the country. It said: We which ensures the ethanol tax credit sion will greatly increase the produc- oppose ethanol production because it will be in place until at least 2007— tion of the fuels of the future, such as really isn’t very viable and doesn’t con- something crucial to existing ethanol ethanol and biodiesel. By directing re- tribute much. plants and to those considering new finers and importers to increase the I thought: Well, if the biggest oil production facilities. I also led an ef- use of renewable fuels to 2.3 billion gal- companies are opposing this, I ought to fort, in cooperation with the American lons in 2004 and 5 billion gallons in 2012 take a look at it. And I did. I discov- Soybean Association, in the 105th Con- we can significantly increase the na- ered, sure enough, using the approach gress to ensure that biodiesel was con- tionwide demand for ethanol, which to take alcohol from grain, for exam- sidered an ‘‘alternative fuel’’ under the was approximately 1.8 billion gallons in ple, to extend America’s energy supply, Energy Policy Act of 1992 (EPACT). My 2001. holds great promise for our country. legislation, which was passed by Con- This bipartisan proposal also says Since that time we have, of course, gress and signed into law by the Presi- that the government should lead by ex- seen additional plants be developed in dent, now allows fleet operators to pur- ample and use alternative fuels in 50 this country as well as more produc- chase vehicles powered by biodiesel percent of all Federal Government ve- tion of renewable fuels. But, it seems under the requirements of EPACT. hicles by 2003 and 75 percent by 2005. to me, everyone here understands that However, more needs to be done. Eth- This is a common sense approach we have an enormous amount of our anol and other renewable energy re- which has been proven to work in Mid- energy coming from a part of the world sources must be encouraged in order to western States, like Iowa, where 100 that is inherently unstable: Saudi Ara- protect our environment and help our percent of all gasoline used in State ve- bia, Kuwait, part of the Middle East, quest for energy independence. This hicles contain clean-burning, renew- and Central Asia. We have all of this bill has many important provisions re- able ethanol. oil and natural gas coming from parts lating to ethanol, and I want to en- Renewable fuels already help im- of the world that are unstable. And our courage my colleagues to support these prove our environment, provide energy economy depends on that constant provisions. The increased use of eth- security, and increase farm incomes source of supply. anol that would occur if this bill passes and create jobs in rural America. Au- That is an enormous risk to our will be good for the environment, good thoritative estimates indicate that a economy in this country. What do we for our energy independence, and good renewable fuels standard would in- do about that? We do a lot of things, for our farmers. It is much better to crease demand for corn for ethanol one of which is to create a renewable rely on the farmers of Idaho or Iowa or from 650 million bushels to 2.5 billion fuel standard by which we aspire, as a Kansas for our energy needs instead of bushels in 2016 which would increase country, to get more of our energy sup- Saddam Hussein. the price of corn by an average of 28 ply in renewable fuels. We can do that. I look forward to working with the cents per bushel and create 300,000 jobs We can have that kind of future if we Bush administration, my colleagues in nationwide. set goals and reach those goals.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1812 CONGRESSIONAL RECORD — SENATE March 13, 2002 Today, ethanol reduces the demand to Central Asia. Those of us who have just not true, it is not going to cost for gasoline and for MTBE imports by traveled in the Middle East and Central lives. They have argued about how 98,000 barrels a day. That makes great Asia understand that we cannot con- many lives it will be. They have argued sense, as I said, to take the alcohol tinue to hook America’s economy to a about whether the statistics that have from a kernel of corn and extend Amer- constant fuel supply that comes from been cited are accurate. But every sci- ica’s energy supply. parts of the world that are so inher- entific study that I have seen that real- The American Petroleum Institute ently unstable. ly has much validity shows that some now supports this. The National Corn We need to do better than that. We lives will be lost. In addition to that, I Growers, the Renewable Fuels Associa- need to produce more of our own en- think good common sense tells us that tion, the National Farmers Union, and ergy. Part of that is, yes, digging and as well. the Farm Bureau all have sent letters drilling for natural gas, oil, coal, and In 1989, a study by Robert Crandall of to Senator DASCHLE and Senator LOTT doing that in an environmentally sen- the Brookings Institution and John expressing their support for this sitive way, and the underlying bill does Graham of the Harvard Center for Risk version. that. But a significant part of it is also Analysis provided the first evidence Madam President, 1.8 billion gallons in the area of limitless and renewable suggesting a negative relationship be- of pure ethanol are currently produced sources of energy. That is exactly what tween weight and vehicle occupant fa- in our country. This provision that we we are talking about today. That is tality risk. are debating would add 3.2 billion new what the Senator from Nebraska began Another study from Dr. Leonard gallons of ethanol, for a total of 5 bil- talking about this morning. Evans, president of the International lion gallons by the year 2012. That I am really pleased to be in this Traffic Medicine Association, found translates, for example, into a new Chamber to support this. I want to see that large, heavy cars lower the risk to market for American corn of 1.19 bil- a series of ethanol plants dotting the drivers. His study suggested that more lion bushels of corn. prairies in the Northern Great Plains passengers, i.e., more weight within That helps family farmers, obviously, in this country which can take kernels the vehicle, reduced fatalities by 7.5 to be able to produce a crop, and use of corn, barley, and other grains, put percent. that crop, on a renewable basis, to ex- them in an ethanol plant, extract the The National Highway Transpor- tend America’s energy supply. It means drop of alcohol, extend America’s en- tation Safety Administration, NHTSA, new opportunities for farmers to invest ergy supply and still have protein feed and the Insurance Institute for High- in value-added processing of a product stock left for animals. That makes way Safety found that since 1975, 46,000 people have died because of the 1970s- they are already growing. good sense for family farmers and good era push for greater fuel efficiency that I might, while I am here, also say sense for America. It is not just na- there are some other interesting and has led to smaller cars. tional security; it is also energy secu- For every mile per gallon gained by exciting things happening in my home rity, which translates into national se- the standards increased, 7,000 people State of North Dakota. curity. And that has its roots in this The Aerospace Program and the En- have died according to the USA Today. renewable fuels standard. According to the National Academy of vironment and Energy Research Cen- So I thank my colleague from Ne- Sciences and supported by the National ter, both at the University of North braska. I am pleased to be with him Safety Council and the American Trau- Dakota located in Grand Forks, are re- and so many others in this Senate ma Society, CAFE standards have led searching potential uses of ethanol as Chamber who have worked hard on this to 1,300 to 2,600 additional crash fatali- aviation fuel. for a long period of time. ties and 97,000 to 195,000 total injuries. Aviation fuel is the last fuel in the Madam President, I yield the floor. The NAS report says: United States that still contains lead. The PRESIDING OFFICER. The Sen- Ethanol, in our judgment, could be ator from Ohio. [I]t is clear that there were more injuries and fatalities than otherwise would have oc- used for aviation fuel, and so the Uni- Mr. DEWINE. Madam President, I curred had the fleet in recent years been as versity of North Dakota is teaming yield myself 15 minutes from this side’s large and heavy as the fleet of the mid-1970s. with South Dakota State University time. According to the July 2001 issue of and the FAA on a program to get eth- The PRESIDING OFFICER. The Sen- the American Journal of Public Health, anol approved and certified to help re- ator has that right. the rates at which drivers crash are place lead-based aviation fuel. The Uni- AMENDMENT NO. 2997 strongly influenced, of course, by versity of North Dakota, in fact, is Mr. DEWINE. Madam President, I drunk driver behavior. But the relative hosting a conference on this subject in want to talk today about one aspect of risk to each driver when a crash does the month of May. And they are going this debate about CAFE standards. To occur is not affected in any obvious to bring together aviation fuel dis- me, this aspect is the most important way by driving behavior. The relative tributors, pilots, plane manufacturers, consideration. risk is enormously influenced by rel- and others, to determine the future I know we have talked about many ative masses of the involved cars. That role that ethanol can play in the avia- different things. We have argued this is pretty simple. In other words, if two tion industry as an aviation fuel. issue, and we have talked about many cars crash into each other, and one of We are talking, in this energy bill, statistics which have been given. them is twice as heavy as the other, about a lot of things. As I have indi- I believe it would be a mistake to ap- then the driver of the lighter car is cated before, we are talking about elec- prove the underlying bill without the about 12 times as likely to be killed. tricity. We are talking about a renew- Bond-Levin amendment. I support the Again, according to the Insurance In- able portfolio standard in that area. We Bond-Levin amendment because I be- stitute for Highway Safety, between are talking about limitless and renew- lieve the underlying bill, quite bluntly, 1991 and 1997, 41 percent of all car able fuels in this area, the renewable will cost thousands and thousands of deaths occurred in single-vehicle acci- fuels standard. lives. So for this Senator, while the dents. So we need to ask ourselves this: There are a lot of people who deserve other issues are important, the most If you or a member of your family are credit for bringing us to this position, important is this: Are we going to say, going to be in one of these single-vehi- because it has been a lot of hard work. as a Congress, as a Senate, as the Gov- cle accidents, in what kind of a car We have had a lot of opposition over ernment, that we are going to force should you be sitting? Obviously, the the years for ethanol production. But I people into smaller cars, when we heavier the car, the safer you are. think, finally, we have broken through, know, by every piece of evidence that In the year 2000, the motor vehicle and this represents a kind of a new we can find, that smaller cars lead to death rate per 100,000 people was espe- beachhead for opportunities in our higher fatalities? To me, that is the cially high among 16 to 24-year-olds— country to understand what ethanol question. I think it would be a tragic that is what we continue to see—and and what renewable fuels can do to ex- mistake for us to do this. people 80 years and older. These are the tend America’s energy supply. I know people have come to this portions of the population most likely, I indicated yesterday the I have been Chamber—and I have listened to a lot candidly, to buy a car based on finan- recently, in the last couple of months, of the debate—and have said that is cial situations since lighter cars are

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1813 cheaper to purchase and fuel. Now, in variables that we know will make a dif- oil, one that increases our energy effi- all fairness, there are other reasons ference in determining how many ciency, promotes the use of renewable why 16 to 24-year-olds are involved in Americans die next year driving auto- fuels, and encourages additional do- more fatal accidents, but this is cer- mobiles or as passengers in auto- mestic production of fossil fuels. tainly one of them. mobiles is the weight of the car. That We need an energy policy for the 21st Finally, according to the Competi- is a variable we know will make a dif- century—not a pipeline to the past. tive Enterprise Institute, based on J. ference. The bill the Senate is now considering DeFalco’s findings in the ‘‘Deadly Ef- For me, that is what it comes down is a good foundation for this debate. fects of Fuel Economy Standards, to. As millions of Americans, I do read This legislation promises to increase CAFE’s Lethal Impact on Auto Safe- Consumer Reports. Year after year, I our domestic natural gas supply dra- ty,’’ in my own State of Ohio, it is esti- take a look at the annual report that matically. It improves energy effi- mated, based on the data, that in the lists the cars and rates them for many ciency standards. It requires that the year 2000, 768 passenger car occupants reasons. It rates them for safety. One Federal Government lead in using our died because of these CAFE standards. of the special reports every year is a natural resources more efficiently. To I believe the statistics are clear. safety report. You can look down and me, the most exciting aspect of this Simply put, we cannot increase CAFE see how they rate each size car. They bill is that it encourages production standards without increasing fatalities. always break them down into the larg- and use of renewable fuels. One of the Yes, there are actions you can take to er cars, the heavier cars, all the way most promising of these is ethanol. By improve safety, such as airbags and down to the light cars. blending ethanol with gasoline, we can other safety devices, and we are cer- What you will see is that, yes, some reduce our oil imports and we can re- tainly moving in that direction, albeit of the midsize cars do very well. Some duce the environmental damage of ve- more slowly than this Member would of the smaller cars do better than you hicle emissions. like. Yes, you can argue that the safety might expect. But what you clearly can This legislation lays out a plan for effect of downsizing and downweighting see is that by and large, if you are in- increasing the amount of ethanol as a result of CAFE standards has been terested in safety, you buy a bigger, Americans use, and I strongly support negligible because the injury and fatal- heavier car. these provisions. As America struggles ity experience per vehicle mile of trav- I am not suggesting that every Amer- to meet its growing energy needs, eth- el has, in fact, steadily declined during ican should do that or can afford to do anol provides extraordinary opportuni- the changes in the fleet. That is true. that. I am suggesting that is some- ties. This product is made from corn However, a 1992 National Research thing that every American should have and, unlike fossil fuels, can be pro- Council report suggested that reduced the option to do. Every American duced in abundance. The more ethanol risk of motor vehicle travel is part of a should have the option within their we use to fuel our cars and trucks, the long-term historical trend tracing way means to as best they can protect their less oil we will need to import from back to 1930, and the improving safety family from highway fatalities. They hostile countries such as Iraq. Rather picture is the result of various inter- should be able to intelligently choose than looking to the Mideast for energy, acting and sometimes conflicting their car. They should make the choice we would be far better off to look to trends. of the car, what safety features the the Midwest. With the use of a corn- So while things such as enhanced ve- cars have, and they should be able to based product such as ethanol, we can hicle designs, increased rates of safety make the choice in regard to the create an enormous market for home- belt use, better roads, and decreased weight of that car. grown agricultural products. At the drunk driving are, in fact, reducing I believe the underlying bill strikes same time, we can reduce the emission crash injury risk, there are other vari- at that freedom, at that liberty, and at of harmful greenhouse gases. In short, ables, such as higher speed limits or no the ability of parents to protect their ethanol use is good for the economy, speed limits on some roads, increased children in the car, the ability of some- good for the environment, and good for horsepower, and an increased number one buying a car to protect themselves our national security interests. of teenagers and other risky drivers on or their loved ones. It is a tragic mis- Ethanol is a relatively new fuel, and the road that are increasing crash in- take. we are still building the infrastructure jury risk. In short, technological inno- I will be supporting the Levin-Bond and capacity for wider use of this prod- vations don’t get you out of a CAFE amendment. It is a rational com- uct. Last year, I introduced legislation safety bind. promise. It is an approach that makes to promote the production and the use In the words of Dr. Leonard Evans, to sense. It is not micromanagement from of ethanol-blended fuels and other argue this is the Congress but is allowing the value-added agricultural products. [L]ike a tobacco industry executive saying science and technology to take place My legislation proposed to expand that smoking doesn’t endanger your health and to be utilized. I hope if that eligibility for the tax credit available because with everything we know about for small producers of ethanol. I am diets and exercise, you can smoke and still amendment does pass, when the deci- be as healthy as a non-smoker. It is true that sions are made in regard to setting of very pleased that these aspects of my with current knowledge about keeping fit, the standards, highway safety will not bill have been included in the amend- smokers can be healthier. But, this knowl- just be one of the items considered, ment crafted by the Senate Finance edge can make a non-smoker even healthier that highway safety will be at the top Committee. These changes will ensure yet. If you smoke, you’re going to be taking of the list. that farmer-owned cooperatives are eli- a risk no matter what. Madam President, I yield the floor gible to receive the tax credit. They Similarly, if you get in a car, you are and reserve the remainder of my time. will also encourage small producers to taking a risk no matter what. That is The PRESIDING OFFICER. Who expand the size of their operations to just reality. We accept that there will yields time? meet increased demands. be a certain number of accidents and Mr. NELSON of Nebraska. Madam Under this legislation, facilities that injuries and deaths. We know that. We President, we yield time to the distin- produce as much as 60 million gallons a may not accept it, but we understand guished Senator from the State of Mis- year could still qualify as small pro- it. But the question really is about the souri, who will speak. We are alter- ducers. These changes are necessary if weight and size of cars. You can argue nating, but if there is no one on the America is to meet the demand for eth- about how many lives are lost or saved, other side to speak, then Senator JOHN- anol envisioned by this bill. what the exact figure is, what the SON will be next. Last year, America produced less exact number is. You can argue about The PRESIDING OFFICER. The Sen- than 2 billion gallons of ethanol. Under how many variables impact safety and ator from Missouri is recognized. this legislation, annual ethanol use which variables have the most impact. Mrs. CARNAHAN. Madam President, would increase to 5 billion gallons over You can argue about how much the the Senate is engaged in an important the next 10 years. environment will be affected by this debate on our Nation’s energy policy. Ethanol is truly a win-win solution bill. You can argue about oil depend- America needs an energy policy that to our energy needs. The increased use ency. But in the end, one of the main reduces our dependency on imported required by this legislation represents

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1814 CONGRESSIONAL RECORD — SENATE March 13, 2002 a positive step for our farmers, for our fashion, the Senate has come together Nation faces are simply too important environment, and for energy independ- on this issue. It is clear that Sen- to be bogged down in partisan rhetoric. ence. ators—particularly from rural States The consensus emerging on this issue I support the compromise of this bill but others as well—understand the im- demonstrates the benefits of working that will lead to the increased use of portance of including a new standard in together to find real solutions for our ethanol, and I urge my colleagues to our energy legislation. Nation and should serve as a model for support it as well. Today, ethanol and biodiesel com- the consideration of the rest of the leg- I yield the floor. prise less than 1 percent of all trans- islation we take up this year. The PRESIDING OFFICER. The Sen- portation fuel in the United States, Again, I thank Senator HAGEL, Sen- ator from South Dakota is recognized. and 1.8 billion gallons is currently pro- ator DASCHLE, and Senator BINGAMAN Mr. JOHNSON. Madam President, I duced in our country. The consensus for their extraordinary efforts and for am pleased to rise today to speak package we have today would require working with me as we have developed about the inclusion of a renewable that 5 billion gallons of transportation this amendment and included it in this fuels standard in the pending energy fuel be comprised of renewable fuel by important legislation. bill. In the midst of the ongoing debate the year 2012. Ambitious but doable. We know we are not to the goal line about this legislation, it is heartening That is nearly a tripling of the current yet relative to the renewable fuel to see us come together on an issue ethanol production for the coming dec- standard. This energy legislation re- that has the potential to enormously ade as we incorporate this new stand- mains controversial as a whole, with improve our Nation’s transportation ard. issues ranging from drilling in ANWR fuel supply. I don’t need to convince anybody in to CAFE standards, all creating hur- This is a landmark provision that my State of South Dakota or other dles to its final passage. But I am will improve our energy security and rural areas of the benefits of ethanol to pleased to see the kind of bipartisan provide a direct benefit for the agricul- the environment and the economies of consensus that reaches across indus- tural economy in my State and in rural communities. We have several tries on the renewable fuel standard. other rural States across our country. plants in South Dakota and more are It is my hope when the dust settles at Senator DASCHLE should be commended being planned. These farmer-owned the conclusion of this debate that we for his hard work in bringing the par- ethanol plants in South Dakota, and in will have a comprehensive energy bill ties and the industries together to neighbor States, demonstrate the hard that will include this provision. What- reach a bipartisan consensus that will work, commitment, and vision we see ever else happens, this Congress cannot help our Nation in the next decade and in rural areas and the commitment to adjourn at the end of the year without having addressed the need for a renew- in the decades to come. Senator JEFF a growing market for clean domestic able fuel standard in this or some other BINGAMAN, chairman of the Energy fuels. Committee, also deserves commenda- Based on current projections, con- comprehensive legislation. I thank the Chair. I urge my col- tion for working with us to include this struction of any new plants will gen- leagues to be supportive of the renew- package in a comprehensive energy erate roughly $900 million in capital in- able fuel standard, and I look forward bill. vestment and tens of thousands of con- to final passage of this legislation. I As we all know, there has been a struction jobs in rural communities. great deal of discussion this past year yield the floor. For corn farmers, the price of corn is The PRESIDING OFFICER. The Sen- about our Nation’s energy. The in- expected to rise as much as 20 to 30 ator from Nebraska. creasing volatility in gasoline and die- cents a bushel. Farmers will have the Mr. NELSON of Nebraska. Madam sel prices and the growing tension in opportunity to invest in these ethanol President, I thank my colleague from the world from terrorist attacks have plants to capture a greater piece of the South Dakota, who has worked so long affected all of us. There is a clear need ‘‘value chain.’’ Combining this with the and hard on this issue and has cospon- for energy policies that will address provisions in this bill and the potential sored the Hagel-Johnson/Johnson- issues of the environment, issues of im- economic impact for South Dakota is Hagel legislation that helped lead the proving our trade balance, clean air, tremendous. way to this particular part of the en- energy security, our farm economy, An important but underemphasized ergy bill. I thank him for his constant and more jobs in America. This provi- fuel is biodiesel, which is chiefly pro- support and vigilance on the issue. sion addresses all of those issues. duced from excess soybean oil. We all It is clear that this issue has Earlier this year, I introduced legis- know soybean prices are hovering near achieved a wide bipartisan result with lation with my friend and colleague historic lows. Biodiesel production is strong support from both sides of the from Nebraska, Senator CHUCK HAGEL. small but has been growing steadily. aisle. It is also very apparent that Our legislation, the Renewable Fuels The renewable fuels standard would some of the challenges the ethanol or for Energy Security Act of 2001, S. 1006, greatly increase the prospects for bio- biofuels industry faced in the past have was designed to ensure future growth diesel production and greatly benefit lessened as a result of the hard work of for ethanol and soybean-based biodiesel soybean producers all across our land. so many. fuels through the creation of a new re- It is important that Congress take a There was a time when there was an newable fuels content standard in all serious look at these issues beyond just absolute conflict between oil and eth- motor fuel produced and used in the the economic impact to our region. anol producers and between the inter- United States. I am also a cosponsor of Bio-based fuels offer multiple bene- ests that supported each of those in- another renewable fuels bill that was fits—from addressing climate change dustries. This past week, an agreement introduced by Senator DASCHLE and to improving our trade balance. was announced that brought together Senator LUGAR. I am pleased that an By increasing fuels production in the environmental industry as well as effort has been made here to incor- rural areas of our Nation, we can also the petroleum industry. I thank the porate these bills in a comprehensive reduce the need for new refineries and API for their support. It is a clear rec- energy legislation bill and that we new pipelines. ognition that this is a way to work to- have the package we are considering The renewable fuel standard over the gether to support an energy policy that today. next decade will displace roughly 1.6 will benefit all Americans and benefit Meanwhile, the House of Representa- billion barrels of oil without any addi- our world as well. tives passed an energy bill that con- tional drilling and could increase eth- It is important to point out that tains no renewable fuels standard of anol renewable fuels being more widely while we continue to stress the impor- any kind. It is the Senate legislation used. In addition, it takes 1 gallon of tance of more domestic production and that is the groundbreaking bill which ethanol to the same amount of fuel reduce the reliance on foreign sources will determine whether our Nation that produces 2 gallons of oil. of oil, there is a role that the industry will, in fact, go forward with a A substantive bill that improves the domestically and the renewable fuels thoughtful renewable fuels standard for Nation’s energy security can only be industry today can play together, a our Nation. So it is with some pride enacted if we work in a bipartisan role that finds room for both domesti- and satisfaction that, in a bipartisan manner. Problems and difficulties our cally produced oil as well as foreign-

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1815 produced oil and domestically produced major resource commitment, utilizing Mr. NELSON of Nebraska. Madam energy in the area of renewable fuels. the unique capabilities of the Depart- President, as we are waiting for Sen- It is pleasant to recognize we have ment of Defense to take a concept from ator LINCOLN, perhaps it is important crossed that line and have been able to inception to fruition, is needed in this to point out some of the truths about bring together parties from different country to ensure that 10 years from the renewable fuel standard and de- industries to recognize the common now we have established the commer- bunk some of the myths that some- goal of the ability to rely on our own cial technology base to produce many times have continued for a period of needs to the extent we can with our billions of gallons of renewable fuels in time as a method of trying to avoid own production. That is clear in mov- dispersed and decentralized installa- dealing with the need for more domes- ing from 1 percent of the oil and fuel tions around our country. tic production and as a means of deter- needs of our country and the supply to There is the opportunity for in- ring our efforts for this renewable fuel up to 4 percent in just 10 years. That is creased technology, for increased pro- standard. not only a move in the right direction, duction of biofuels that will assist us There is a myth that somehow there it is a move away from some of the re- in the growth that is being sponsored are inadequate supplies of ethanol to liance we have had in other areas of by this legislation with the expectation meet the demand that will be created the world where stability is not strong that perhaps it is only the beginning— by this renewable fuel standard. The for our future but certainly puts us in that, in fact, we can exceed the re- fact is, the ethanol industry has been peril for the future needs of our energy. quirements that will be provided in growing substantially in recent years. It is also very important to point out this bill in years to come. If I could get the chart that shows the that this industry, with the renewable I am proud the production and the growth within the industry, it has been fuel standard that will be created and testing of these products is underway growing in recent years in anticipation with the ethanol and other biofuels today and will expand into the future of the phaseout of MTBE, particularly processing plants that will be springing and be a nationwide emphasis, whereas in the State of California. We can see the historic fuel ethanol production up all over America, can extend to the today clearly the emphasis has been over the course of the last 20 years. It rural areas. more limited and more discussed in I know the distinguished Presiding continues to increase. terms of the rural areas of the Mid- According to the Renewable Fuels Officer is concerned about, in her own west. This is about more than the Mid- Association, 15 new plants have opened State, the erosion of the rural areas in west. It is about, in fact, a national en- and several expansions have been com- population and the decreasing opportu- ergy policy that will end up with na- pleted, increasing U.S. ethanol produc- nities that exist in some of the rural tional energy needs, in meeting those tion capacity to 2.3 billion gallons. areas. This industry can extend across needs from so many different parts of Thirteen plants are currently under America because of the reliance on bio- our world and our Nation. construction and will bring the total mass—and it is not simply limited to The energy needs are clear, and that capacity to 2.7 billion gallons by the the corn-producing States or other is why this energy bill is important. end of 2002. A survey conducted by the States more closely associated with But not only are the needs important, California Energy Commission con- farm products—and not only be a but the sources of production to fill cludes that the ethanol industry will strong industry far beyond a cottage those needs likewise are important. have the capacity to produce 3.5 billion industry, but it can certainly extend to That is why this particular provision is gallons a year by the end of 2004. So many of the other States that are not extremely important to deal not only achieving the 5 billion gallon require- always considered part of the agricul- with the energy needs, but to deal with ment over a 10-year period is clearly tural producing industry in America a cleaner environment, for economic within reach, and we are clearly on our today, but we know they are. There- development, and obviously for na- way to achieving that. fore, this is, as the distinguished Sen- tional security by relying on our own There is also a myth that MTBE will ator from Missouri said, a win-win sit- sources for more of our own energy result in a shortage of gasoline-blend- uation for all of us. production. ing components; that if we remove I am also pleased there is a cutting- Shortly, Senator LINCOLN from Ar- MTBE it will result in a shortage of edge technology that continues to be a kansas will be joining us. I might men- gasoline-blending components that will part of this biofuels effort. Many tion, as I did before, as part of the Gov- therefore reduce U.S. fuel supplies. The States are today advancing the new ernors’ Ethanol Coalition that was es- fact is, while acknowledging there will technology, which the distinguished tablished in 1991, we had a distin- be enough ethanol, some have sug- Senator from North Dakota mentioned, guished Governor from the State of Ar- gested there will be a shortage of gaso- of aviation fuel that can be extended to kansas in that initial group who kept line-blending components needed to re- biorefinery products. his commitment to supporting ethanol place MTBE. The High Plains facility in my State not only in his role as Governor but as MTBE is currently blended at 11-per- of Nebraska at York is processing the the President of the United States. It cent volume, largely in Federal refor- plant’s waste stream in an anaerobic is also important to point out that as mulated gasoline in the Nation’s nine digester for the production of biogas we have continued to expand the role severe ozone nonattainment areas so that can be used to dry the distiller’s of the current President, while the we can satisfy the oxygenate require- grains and operate the plant, so that Governor of Texas he participated in ments. the plant has the opportunity ulti- that Governors’ Ethanol Coalition, Ethanol is used exclusively today in mately to be self-sustaining in terms of making it a broad-based group of 26 RFG in Chicago and Milwaukee, where its own energy needs as it produces en- States and several countries working it is blended at 10-percent volume. Eth- ergy for the rest of the country. together to continue to support eth- anol used in RFG to replace MTBE will The Dow-Cargill facility in Blair, NE, anol and the development of biofuels to similarly be blended at the 10-percent is currently producing ethanol but in deal with our energy needs. level, mitigating any loss in supply short order will be producing bio- Until the distinguished Senator from from MTBE’s removal. A large share of degradable plastics for use in the food Arkansas arrives, I suggest the absence the ethanol-blended formula will sat- industry in that same facility. They of a quorum. isfy the renewable fuel standard. It will produce energy, but they will be pro- The PRESIDING OFFICER. The be blended in conventional gasoline ducing an environmentally friendly clerk will call the roll. where it simply is blended with fin- plastic that will be biodegradable rath- The bill clerk proceeded to call the ished gasoline, adding an additional 10- er than what we are currently using. roll. percent volume to the U.S. fuel mar- Later in this session, I hope to offer Mr. NELSON of Nebraska. Madam ket. In other words, it will, in fact, ex- an amendment calling for a Manhat- President, I ask unanimous consent pand the availability of fuel rather tan-type project to aggressively ad- that the order for the quorum call be than reduce it. vance the biorefinery concept—the pro- rescinded. There is another myth: that the RFS duction of biofuels, bioenergy, and bio- The PRESIDING OFFICER. Without will result in significant price in- chemicals in integrated facilities. A objection, it is so ordered. creases for consumers at the pump. The

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1816 CONGRESSIONAL RECORD — SENATE March 13, 2002 fact is, S. 517 does not require a single the Midwest, where it is currently pro- Mr. BURNS. I thank both of my gallon of renewable fuels be used in any duced, to coastal markets without in- friends from Nebraska. Both have been particular State or region. The addi- curring substantial investments and champions for renewable fuels, espe- tional flexibility provided by the RFS therefore large costs to the consumer. cially in the area of ethanol develop- credit-trading provisions of S. 517 will Furthermore, ethanol must be blended ment. result in much lower costs to refiners at the terminal and cannot be shipped We all know we have not put forth and therefore to consumers. The credit- by pipeline, constraining the distribu- our best effort toward research and de- trading system will ensure that eth- tion network. The fact is, today eth- velopment for the best use of this fuel. anol is used where it is most cost effec- anol is transported cost effectively I was raised in the Midwest. When peo- tive. from coast to coast by barge, railcar, ple think of ethanol, they think of According to ChevronTexaco, the free and oceangoing vessel. corn. But corn is not the only grain market will not allow a California An analysis completed in January for that can be used. I lend my support to price differential of 20 to 30 cents per the U.S. Department of Energy as- what the Senator from Nebraska is gallon to be sustained. The market will sessed the infrastructure requirements saying, and also to all our work in re- always find ways to take advantage of including transportation, distribution, search and development for making a much smaller differential. Further- and marketing issues for an expanding this fuel more viable, making it work, more, a nationwide Federal MTBE ban ethanol industry. The report concludes and making it cost effective. It must be provides certainty for investments and that no major infrastructure barriers one of our big challenges. eliminates the greater use of boutique exist to expanding the U.S. ethanol in- I have heard my good friend from Ne- fuels, thereby lowering gasoline prices. dustry to 5.1 billion gallons per year, braska, the former Governor of Ne- One of the constant challenges we comparable to the renewable fuel braska, make a couple of speeches on have today is the use of boutique fuels, standard established in S. 517. There- ethanol; both his enthusiasm for the the blending of certain grades and cer- fore, the study concludes the logistics product and the benefits it provides. It tain kinds of fuels, which actually has modification necessary under the sce- is not only good for our country, but the impact that while reducing effi- nario can be achieved cost effectively. good for our air and for the agricul- ciency it raises the cost of gasoline Myths are important to debunk be- tural community that sorely needs prices. This will have the effect of mod- cause they will, if not countered, very help. erating that, and it will, in fact, reduce often stand in the way of the progress Increasing the use of ethanol to 5 bil- the number of boutique-blended fuels of this important part of our energy ef- lion gallons is a step in the right direc- and therefore reduce the cost of pro- forts. tion. Some say it is possible to increase duction of these fuels. One final myth: Air quality will actu- that figure. It is a number we finally Increasing the use of renewable fuels ally suffer as ethanol use increases na- settled on that was acceptable to folks such as ethanol and biodiesel will di- tionwide. The fact is, the use of eth- who want to participate in this indus- versify our energy infrastructure, mak- anol significantly reduces tailpipe try in my State of Montana. ing it less vulnerable to acts of ter- emissions of carbon monoxide, an As I have stated, early this morning rorism and increases the number of ozone precursor, VOCs and fine particu- we spoke of the high-tech task force available fuel options, increasing com- lates that pose a health threat to chil- that we put together on this side of the dren, seniors, and those with res- petition, and reducing consumer costs aisle. We talk of all the research and piratory ailments. Importantly, renew- of gasoline. development for the free flow of infor- able fuels help to reduce greenhouse There is a myth that more time is mation. Here is another area we should gases emitted from vehicles, including needed for the MTBE phaseout to en- zero in on. It will be new structures carbon dioxide, methane, and other sure adequate fuel supplies. The fact is, that will allow us to take advantage of gases that contribute to global warm- the negotiated agreement set forth in this fuel and make it as efficient as ing. S. 517 announced last week provides for S. 517 protects against any back- using total gasoline or oxygenated gas- a 4-year phaseout of MTBE, giving the sliding on air quality. First, the agree- olines. petroleum and the transportation in- ment tightens the toxic requirements I talk to refiners in the private sec- dustries adequate lead time to make of reformulated gasoline by moving the tor. Nobody wants to make a cleaner necessary changes to accommodate the baseline refiners must meet by 1999 to fuel than the refiners. The increase in increased use of renewable fuels. In 2000. production of ethanol is a good step. fact, the American Petroleum Insti- The Northeast States for Coordinated However, we should look at what we tute, the lead trade association for the Air Use Management concluded that can do with our land grant universities refining industry, agrees that 4 years is they are satisfied to have reached an who have the wherewithal to do some an adequate phaseout period, and cost agreement that substantially broadens real research and development on this estimates for removing MTBE must the ability of the U.S. EPA and our Na- fuel, making it more viable than it is also consider the cost incurred in addi- tion’s Governors to protect, and in today. We have shortchanged making tional MTBE water contamination if some cases actually improve to a it better and more cost effective. We MTBE is not removed from the fuel greater extent, air quality and public can let this work for us. supply. health as we undertake major changes I support my good friends from Ne- A recent poll conducted by the Cali- in the Nation’s fuel supplies. braska. I thank them for their leader- fornia Renewable Fuels Partnership Those who typically have proposed ship on this issue. It is important. I concluded that 76 percent of likely vot- the myths and have supported those would like to be part of trying to round ers supported banning MTBE because myths and made them a part of current up a little more money in a govern- we cannot afford the pollution caused mythology relating to biofuels and eth- ment-private sector partnership and by MTBE, while only 13 percent think anol in particular have very often done allow the research to go forward on it is a bad idea because of potential so out of a lack of information but very this matter. higher gasoline prices. often as a result of trying to derail the I thank my good friend from Ne- The myth is it will raise gasoline effort toward expanding this important braska. I yield the floor. prices when it is not expected to raise part of our energy source. That is why Mr. NELSON of Nebraska. I thank those prices. But 13 percent is a bad it is important we take the oppor- my colleague from the great State of idea because of potential higher gaso- tunity to point out the truthfulness of Montana for his support. He does have line prices. If they are aware of the fact the facts underlying ethanol and point Midwest connections. He had the good that it will not raise gasoline prices, out the falsehoods in the myths being fortune to marry a woman from the perhaps the 76 percent favoring the used to deter our actions toward this State of Nebraska. We appreciate his phaseout, banning it, will increase sub- amendment. connection with the Midwest and his stantially. I note my colleague from the other support. There is another myth important to side. I yield the floor. I yield the floor to the Senator from debunk; that is, ethanol cannot be The PRESIDING OFFICER (Mr. CAR- Arkansas, who will speak on the renew- transported from production centers in PER). The Senator from Montana. able fuel standard.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1817 Mrs. LINCOLN. Mr. President, I United States to become more energy- do is move forward in making this thank my colleague from Nebraska, independent. That is why we are con- product comparable in the sense that it who has done critical work on this tinuing to move forward with the de- can be competitive in the marketplace. issue. I am delighted to be joining velopment of a valuable new alter- We can do it now. many of my colleagues in discussing native fuel: Biodiesel. Biodiesel is a These are only a few of the major the critical role that renewable fuels clean-burning fuel that can be pro- benefits we will see from increasing our will play in our national energy policy. duced from domestic renewable investment in renewable fuels. Now is The energy bill we have been consid- sources, such as agricultural oils, ani- the time to lay the groundwork to ering contains an important provision mal fats, or even recycled cooking oils. move our Nation in the direction of en- for renewable motor fuel standards. It contains no petroleum, but it can be ergy independence. How excited we This provision establishes a national easily blended with petroleum diesel at should be that we have come this far, program for renewable fuels to be any stage of the process—during pro- that we can move quickly now in en- phased in beginning in 2004. duction at the refinery, in the pipeline, ergy policy to lessen our dependence on This program would be flexible, so as or even from the gas pump into a diesel foreign oil, to use our own economy, not to adversely affect small producers tank. our own production, and our agricul- and refineries, and it would provide in- Biodiesel can be used in compression- tural and rural States to create a bet- centives to encourage the development ignition diesel engines with no major ter environment and less dependence and use of renewable fuel. modifications. We are there. We are on foreign oil. What would be the end result of this there with a product that is environ- I am very pleased to join Senator program? It would require 5 billion gal- mentally safe, that is good for our NELSON and the rest of my colleagues lons of renewable fuels by the year economy, and good for our environ- today in making sure that efficient, re- 2012, significantly reducing our depend- ment. newable fuels will play a key role in ence upon foreign energy sources. In road tests, biodiesel blends have What does this mean? This is incred- our Nation’s future energy plan. Now is demonstrated performance, fuel mile- ible. I think this is so important for us the time to act. age, and drivability comparable to pe- to stop and take a moment and realize We have been void of energy policy in troleum diesel. Biodiesel is simple to what we are actually doing—5 billion our Nation for far too long—one that is use, biodegradable, non-toxic, and es- gallons of renewable fuels by 2012. progressive, meets our needs, lessens sentially free of sulfur and aromatics. What a dramatic move we are making our dependence on foreign oil, as well Athough new to our country, its use in the right direction. as putting our people to work —all the I should also mention that this provi- is well-established in Europe with over while protecting our environment. sion includes measures to protect con- 250 million gallons consumed annually. I thank my colleagues for bringing sumers. It would require a Department Farmers in Arkansas and other rural up such a critical issue, and I look for- of Energy study next year, before the States have embraced the development ward to moving forward on this one program begins, to assess the possible of biodiesel because it makes good eco- quickly. consumer impacts of a renewable fuels nomic sense for the farm industry. Bio- Mr. President, I ask unanimous con- program. If the program would have a diesel would allow us to develop new sent that several letters be printed in negative effect on consumers, the Envi- markets and to expand existing mar- the RECORD. ronmental Protection Agency would be kets for soybean oil, cottonseed oils, There being no objection, the letters authorized to adjust the requirements and other types of agricultural oils. were ordered to be printed in the to prevent these negative effects. By I have fought to include biodiesel as RECORD, as follows: an alternative fuel, most recently by delivering the United States from the RED RIVER VALLEY whims of groups like OPEC, who ma- inserting a biodiesel tax credit in the SUGARBEET GROWERS ASSOCIATION, nipulate the production and price of Finance Committee’s energy tax incen- Fargo, ND, January 18, 2002. oil, we will also reduce our trade def- tives package. This provision was over- Hon. BEN NELSON, icit by an estimated $34 billion. That whelmingly approved by the com- U.S. Senate, Hart Office Building, mittee in a vote last month. Washington, DC. will be good for both American eco- DEAR SENATOR NELSON: As the Senate pre- nomic security and national security. Biodiesel is not yet cost-competitive with petroleum diesel. In order to cre- pares to work on an energy bill, you will Furthermore, a renewable fuel stand- have a voice on some important decisions ard would create new economic oppor- ate favorable market conditions for that will affect our country in many ways tunities in rural America. As many as biodiesel, we need market support and and for many years to come. One of the most 214,000 new American jobs could be cre- tax incentives to foster these condi- important things you can do to make a dif- ated in response to the renewable fuel tions. With today’s depressed market ference is to support including a renewable standard. It would increase the demand for farm commodities, biodiesel would fuels standard in the energy bill. Such a for grain by an average of 1.4 million serve as a ready new market for sur- measure would require the oil industry to bushels per year. It would create near- plus farm products. use an increasing amount of ethanol and bio- diesel every year, while giving the oil indus- ly $5.3 billion in new investment, much Investment now in the biodiesel in- dustry will level the playing field and try the flexibility to determine when and of that in rural areas. where it is best to use it. Importantly, a renewable fuel stand- create new opportunities in rural More importantly, a renewable fuels stand- ard has attracted broad support—and America. ard that would require the use of at least not only from the agricultural and fuel I believe that biodiesel could be made five (5) billion gallons of ethanol by 2012 is industries. The American Lung Asso- more available by allowing its use good energy policy. We hear a lot of talk ciation, for example, has also offered under the Energy Policy Act which about reducing our dependence on foreign strong support for this provision, since Congress passed in 1992. If we expand oil, and this would be the best measurable renewable fuels would provide an effec- the alternative fuels options to include and tangible step we could take to actually biodiesel, we can make even more accomplish that goal. tive strategy to reduce toxic air emis- A renewable fuels requirement would in- sions and protect our air quality. progress on bringing renewables to a crease jobs, something our country des- It is an exaggeration to say that a re- wider market and making them more perately needs, create markets for farm newable fuel standard could protect the cost-effective. products, and help us reduce our reliance on health and well-being of future genera- Reduced dependency on foreign oil, oil from the Middle East—over 66% of the tions of Americans. Those of us from greater protection of our air and water world’s oil reserves lie in the politically un- rural states appreciate the remarkable against pollution and contamination, a stable Persian Gulf. Ethanol and biodiesel potential of renewable fuels. That is strengthened rural economy with new can help our country, but we need your sup- one reason why the farm bill that re- jobs and productive uses for surplus port in order to help make that happen. The farm commodities, energy sources that time is right, and we need your support for cently passed in the Senate also in- this effort. I urge you to contact me if for cluded a renewable motor fuels stand- are natural, sustainable, and renew- any reason you cannot support such a provi- ard. able—and all of this now. We do not sion. Thank you for your help on this issue. In Arkansas, we recognize the impor- have to wait. We do not have to ret- A renewable fuels standard has been incor- tance of renewable fuels in helping the rofit our automobiles. All we have to porated in S. 1766, and we strongly support

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that provision. No matter what form the ergy standard would provide a strong impe- NE ETHANOL BOARD, final bill takes, we want to see a renewable tus for additional investment in new plants Lincoln, NE, March 5, 2002. fuels requirement in the final version of the throughout the country. New investment Hon. BEN NELSON, Senate’s energy bill. will yield additional jobs, additional grain Hart Building, Sincerely, consumption, increased output of clean burn- Washington, DC. MARK F. WEBER, ing ethanol and additional tax contributions DEAR SENATOR NELSON: As you and your Executive Director. to state and local tax coffers. All these bene- colleagues prepare to continue the debate on fits are crucial to the economy of Nebraska a national energy policy, I want to take this ACE, and other states. opportunity to reiterate the importance of Sioux Falls, SD, March 5, 2002. Higher prices offered by ethanol plants for the proposed renewable fuel standard. I know Hon. BEN NELSON, cash grain helps support our farmers and re- you have been a longstanding supporter of U.S. Senate, Washington, DC. duces transportation of crops grown in the this concept but it is important that others DEAR SENATOR NELSON: I am writing to state. Local access to expanded grain mar- understand the profound impact this pro- thank you for your support for including a kets reduces the use of imported fuels and posal can have on our country. One example renewable fuels standard in the Senate en- lowers the transportation costs associated of the potential impact generated by the pro- ergy bill. The American Coalition for Eth- with grain marketing. These reduced costs posed national standard is clearly illustrated anol (ACE) was one of the first organizations are especially important during times of eco- in Nebraska. The ethanol development pro- to advocate the creation of a renewable fuels nomic hardship in the agricultural sector. gram adopted in Nebraska more than a dec- standard (RFS). In fact, I testified on behalf Theses are many reasons why a national ade ago has yielded a host of economic and of ACE in support of an RFS in front of the renewable fuel standard is of importance to environmental benefits. These include the Senate Agriculture Committee all the way the national economy. I urge you to con- following: back on April 11, 2000. As an organization tinue your strong support for the proposed Construction of seven grain processing that represents a broad, grassroots base, in- national renewable fuel standard and to con- plants that annually convert 20 per cent of cluding many farmer-owned ethanol plants, vey the importance of this standard to your the Nebraska corn and grain sorghum crop rural electric cooperatives and public power colleagues in the Senate. to clean burning ethanol and value-added districts, ACE feels that a renewable fuels Sincerely, protein products. standard that phases in ethanol demand over JOHN K. HANSEN, New capital investment in these facilities 10 years will allow more farmer-led ethanol President. that totals more than one billion dollars to projects to be developed. date. Additional investment is currently un- A renewable fuels standard will give the NEBRASKA CORN GROWERS ASSOCIATION, derway in new and existing plants. ethanol industry the certainty that it needs Lincoln, NE, March 6, 2002. More than 1,000 permanent jobs directly re- in order to continue to grow. It will give Hon. BEN NELSON, sulting from plant operations and more than farmers and bankers the assurance they need Hart Building, 5,000 induced jobs that support the ethanol in order to keep investing in new ethanol Washington, DC. industry. production. At the same time, a renewable DEAR SENATOR NELSON: As you prepare for Quality jobs in rural areas of the state. A fuels standard will also: create badly needed the debate on a national energy policy, I recent survey indicates that the average sal- jobs and economic development in rural want to re-state the importance of the pro- ary paid at ethanol plants in Nebraska is ap- areas; create opportunities for farmers to in- posed renewable fuel standard to Nebraska proximately $36,100. This salary level is sig- vest in the processing of the products they corn producers. I know you have been a long- nificantly higher than the average salary for are producing; and significantly reduce our time supporter of this concept but it is im- all job categories in the state. Quality jobs country’s dependence on foreign oil, much of portant that others understand the impact help retain skilled workers in rural parts of which we are importing from Iraq and other this proposal can have on the agricultural the state. This income, coupled with tax as- countries in the Middle East. economy, the environment, and on our coun- sessments on the plant, helps to diversify the Various studies have shown that there are try. The ethanol plants in Nebraska perhaps local tax base. no barriers to the implantation of a 5 billion best illustrate one example of the potential Higher prices and reduced transportation gallon renewable fuels requirement. Now, as benefits that can be generated by the pro- of crops grown in the state. This new demand the Senate begins work on its version of the posed national standard. The ethanol devel- for grain stimulates cash prices and provides energy bill, it is time that ethanol and bio- opment program adopted in Nebraska en- a local market. diesel be recognized for their ability to help couraged investment in new ethanol plants. Increased economic activity in other sec- provide for a secure energy future for the The investment in Nebraska ethanol plants tors. For example, a recent analysis by the United States. We thank you for your sup- yielded a host of economic and environ- University of Nebraska-Lincoln indicates port for a renewable fuels standard and will mental benefits. These include the expansion that the feeding of high protein co-products look forward to working with you to further of grain markets in the state, quality jobs in produced at ethanol plants yields improved expand opportunities for farmers and rural rural areas, displacement of imported gaso- gains in cattle. The study indicates that America. line, diversified local tax bases, and value- when fed as a wet ration, energy costs are Sincerely, added grain processing. saved and cattle weight gains are improved. TREVOR GUTHMILLER, Enactment of a renewable energy standard The economic impact of this activity is Executive Director. would provide a strong impetus for addi- measured at more than $41 million each year tional investment in new plants throughout in Nebraska. NEBRASKA FARMERS UNION, the country. New investment will yield addi- Improved air quality. Reductions of carbon Lincoln, NE, March 6, 2002. tional jobs, additional grain consumption, monoxide in the atmosphere are in part due Hon. BEN NELSON, expanded grain markets, increased output of to the use of ethanol enhanced fuels in Ne- Hart Building, clean burning ethanol and additional tax braska. In addition, a recent study by the Washington, DC. contributions to state and local tax coffers. University of Nebraska concludes that eth- DEAR SENATOR NELSON: As you prepare for These benefits are crucial to the economy of anol reduces aromatic levels in gasoline. the debate on a national energy policy, I Nebraska and other states. Retention of energy dollars in the state want to re-state the importance of the pro- Increased demand for ethanol tends to economy. There is no gasoline refined in Ne- posed renewable fuel standard to the Ne- stimulate higher prices for corn. Higher braska. Every gallon of gasoline must be im- braska Farmers Union. I know you have been prices bid by ethanol plants for cash grain ported from outside the borders of the state. a long-time supporter of this concept but it helps support our corn producers and reduces Displacement of gasoline with ethanol helps is important that others understand the im- transportation of crops grown in the state. retain dollars in our economy. pact this proposal can have on the agricul- Local access to expanded grain markets re- These are a few reasons why a national re- tural economy, the environment, and on our duces the use of imported fuels and lowers newable fuel standard is of such importance country. One example of the potential im- the transportation costs associated with to the Nebraska economy. More importantly, pact generated by the proposed national grain marketing. These reduced costs are es- the proposed standard offers the opportunity standard is clearly illustrated by the ethanol pecially important during times of economic to generate similar benefits nationwide. For plants in Nebraska. The Clean Air Act hardship in the agricultural sector. that reason, the 27 Governors that comprise Amendments of 1990 and the ethanol pro- These are numerous reasons why a na- the National Governors’ Ethanol Coalition gram adopted in Nebraska encouraged in- tional renewable fuel standard is of impor- stand firmly in their support of this proposed vestment in ethanol plants. The investment tance to the national economy, and to our standard. in Nebraska ethanol plants yielded a host of rural economy in Nebraska. On behalf of Ne- The proposed standard must be a key com- economic and environmental benefits. These braska’s corn producers, we commend your ponent of a new national energy plan. The include the expansion of grain markets in hard work and thank you for your strong standard presents us with an opportunity to the state, quality jobs in rural areas, dis- support for the proposed national renewable stimulate a significant national biofuels ef- placement of imported gasoline, diversified fuel standard. fort that will yield important economic, en- local tax bases, and the reduction of carcino- Sincerely, ergy, environmental and national security genic gasoline components with clean burn- MARK SCHWEERS, benefits. I urge you to continue your strong ing ethanol. Enactment of a renewable en- President. support for the proposed national renewable

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1819 fuel standard and to convey the importance Our plant has the capacity to produce are removed, the remaining cellulosic por- of this standard to your colleagues in the ASTM standard fuel from various feedstocks tion of the garbage is processed into ethanol. Senate. including soybean oil and spent cooking oil. More than 90% of the garbage is beneficially Sincerely, This new process is helpful in creating new reused or recycled instead of being landfilled TODD C. SNELLER. uses for agri-products and lessens our de- or incinerated. pendency on foreign oil suppliers, especially As a leader in the field of cellulose to eth- CHIEF ETHANOL FUELS, INC., the volatile Middle East Region of the world anol production, our company realizes the Hastings, NE, March 5, 2002. where we are under battle at the present importance of a strong renewable fuel stand- Hon. BEN NELSON, time. ard. We at Masada OxyNol TM are very much Hart Building, Biofuels can play a very important part in in favor of the inclusion of the renewable Washington, DC. the United States Energy Policy while help- fuel standard in the final energy bill. The DEAR SENATOR NELSON: As you prepare for ing agriculture at the same time. We cur- implementation of such a standard will be the debate on a national energy policy, I rently have several new projects under con- good for the nation. want to re-state the importance of the pro- sideration at other Griffin Industries loca- Thank you for all of your hard work to- posed renewable fuel standard to companies tions and will commit new capacities to the ward the establishment of the renewable fuel like Chief Ethanol Fuels. I know you have biodiesel market if biofuels are included in standard. been a long-time supporter of this concept, our nation’s energy future. Yours truly, but it is important that others understand Thank you for ‘‘carrying the flag’’ on DARYL E. HARMS, the impact this proposal can have on ethanol biofuels. If we can be of assistance, please Chief Executive Officer. companies and on our country. One example don’t hesitate to contact me. of the potential impact generated by the pro- Best Regards, FEBRUARY 22, 2002. posed national standard is clearly illustrated DENNIS B. GRIFFIN, SENATORS THOMAS A. DASCHLE, TRENT by our plant in Nebraska. The ethanol devel- Chairman. LOTT, JEFF BINGAMAN, FRANK H. MURKOWSKI, opment program adopted in Nebraska en- ERNEST F. HOLLINGS, AND JOHN MCCAIN, AND couraged us to invest in the Hastings plant. CHANGING WORLD TECHNOLOGIES, INC., REPRESENTATIVES J. DENNIS HASTERT AND Our investment has yielded a host of eco- West Hempstead, NY, March 5, 2002. RICHARD A. GEPHARDT: As you wrestle with the complex and vitally important energy nomic and environmental benefits. These in- Hon. BEN NELSON, bill now before the Senate and the subse- clude the expansion of our processing plant U.S. Senate, Hart Senate Office Building, quent House/Senate Conference, we ask that from 10 million gallons annual capacity to Washington, DC. you carefully consider the national and en- more than 60 million gallons capacity. At DEAR SENATOR NELSON: Although I am a ergy security aspects of this legislation in our plant, we convert Nebraska corn and resident of New York and not Nebraska, I order to reduce our reliance on oil. grain sorghum to clean burning ethanol and wanted to applaud your efforts in promoting renewable bio-fuels. I am the chairman of a The United States is almost out of oil, and value-added protein products. our dependence takes us places and forces us We continue to evaluate the investment of company that is building a bio-refinery in to do things that are not always in Amer- new capital in our facility when market con- Missouri, which will process turkey slaugh- ica’s national interest. The power of oil rein- ditions warrant. Enactment of a renewable terhouse waste into natural gas, oil and fer- forces the top of almost all societies and energy standard would provide a strong im- tilizer with no material remaining that re- that strength and privilege too often fails to petus for additional investment. New invest- quires disposal. Our patented technology, if applied broad- translate into policies and actions meeting ment yields additional jobs, additional grain the true needs of the people, their environ- ly, could replace all imported energy feed- consumption, increased output of clean burn- ment and their future. Perhaps the greatest stocks, thus insuring our energy independ- ing ethanol and additional tax contributions gift America can give to the world is to put ence. In addition to our Missouri plant, to state and local tax coffers. the power of oil into perspective. Our ethanol plant is an aggressive bidder which will be operational in August, we are We can use less oil to meet our needs in for local grain. Higher prices bid for cash building commercial plants to handle agri- smarter ways while advancing energy effi- grain helps support our farmers and reduces cultural waste in Nevada, Alabama, Georgia, ciency and renewable energy technologies. transportation of crops grown in the state. Arkansas and Colorado. Our process can also Europe is ahead of us in many these areas. The ethanol we sell at local terminals helps be applied to other organic wastes, such as Countries rich in oil and poor in dealing with to retain energy dollars in the state’s econ- scrap tires, waste plastic, sewage sludge and their people and their environment may then omy. Since no gasoline is refined in Ne- municipal solid waste. begin to take a more insightful look at their braska, we must import it from outside the We and others like us have commercial 20 year horizon and decide that their current borders of the state. Displacement of gaso- technologies, which can transform costly wealth can be better deployed. They should line with ethanol helps retain dollars in our waste materials into valuable energy prod- then be able to see that subjugation, ter- economy. ucts. With your support and that of other rorism, and war are not good investments for As the debate on the issues progresses, I like-minded senators, we can advance the current oil-derived wealth. would ask that a mechanism be included to commercial viability of the renewable fuels Here at home: America must reduce its de- assure year around blending and not just industry, enhance the quality of our environ- pendency on oil as we deplete our reserves Winter season. Smaller ethanol producers do ment, and replace imported oil as a signifi- and increase imports that will increasingly not have the storage capacity or financial cant energy source. You have our full sup- come from the Middle East, the Caspian wherewithal to store ethanol production dur- port in all of your efforts. Basin and Indonesia; we must accept our re- ing the 6 month Summer season. Best regards, sponsibility to reduce America’s greenhouse I urge you to continue your strong support BRIAN S. APPEL, gas and other harmful emissions largely for the proposed national renewable fuel Chairman and CEO. emanating from the combustion of fossil standard and to convey the importance of fuels; we must preserve for future genera- this standard to your colleagues in the Sen- MASADA, OXYNOL, tions and for strategic purposes, the last of ate. Thank you for your many years of Birmingham, AL, March 5, 2002. our oil reserves and pioneer the advancement strong support for ethanol. Hon. E. BENJAMIN NELSON, of non-petroleum transportation fuels; and Sincerely, Dirksen Office Building, we must disperse our energy production fa- ROGER BURKEN. Washington, DC. cilities and reduce our reliance on vulnerable DEAR SENATOR NELSON: I am writing to tell electrical grids and oil and gas pipelines. GRIFFIN INDUSTRIES, INC., you how pleased I am that a Renewable Fuel There are major opportunities for energy Cold Spring, KY, March 5, 2002. Standard proposal has been included in the efficiency, fuel economy and renewable en- Hon. BEN NELSON, Senate energy bill. I know that you are a ergy technologies like solar, wind, biomass, U.S. Senate, Hart Senate Building, strong supporter of the renewable fuel stand- geothermal, incremental hydro and hydro- Washington, DC. ard and I share your hope that it is enacted. gen. DEAR SENATOR NELSON: I wish to thank A renewable fuel standard will increase na- While these imperatives will come at a you for your continued support of the biofuel tional energy security, stimulate economic modest investment to our economy, they efforts and initiative that you are supporting growth and help protect the environment. will bring major returns and benefits: accel- in the upcoming discussion on the Senate The use of ethanol, a domestically produced erate the process of freeing us from our oil Energy Bill. fuel, will reduce our dependence on foreign dependency; honor our international envi- As you know, we are the major supplier of oil imports while adding much needed jobs in ronmental obligations; create major new do- biodiesel, a renewable energy source for re- the United States. Not only is ethanol an al- mestic industries and millions of jobs—espe- placement of petroleum diesel fuel, here in ternative to imported oil, it is cleaner burn- cially in rural America where opportunities Kentucky. We currently service the Midwest, ing and helps decrease air pollution by dra- for biomass, solar, wind and geothermal in- East Coast and Southeast regions of the matically reducing the production of green- dustries abound; take America out of the country with ASTM–121 high quality fuel to house gases. ‘‘rumble seat’’ and into the driver’s seat in many non-attainment air quality cities for Masada OxyNol TM has patented a unique establishing the world’s energy future; and use in buses and service vehicles and other process that converts household garbage into greatly strengthen our energy and national fleets delivering consumer goods of all types. fuel ethanol. After traditional recyclables security.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1820 CONGRESSIONAL RECORD — SENATE March 13, 2002 We are national security specialists and our solid support for the inclusion of a Re- denying California’s request for a waiv- energy security advocates of biofuels be- newable Fuel Standard (RFS) in S. 517 that er out of the Clean Air Act’s oxygen- cause of their ready potential to replace im- is being debated in the Senate. A commit- ation requirements. ported oil. We recommend: passage of a ment to a RFS is a commitment to making Upon taking office, President Bush meaningful renewable fuels and a renewable America energy independent. Our energy se- portfolio standard; increased efficiency curity is not a partisan issue and we hope quickly recognized that there was no standards for vehicles—and the use of that all Members of the Senate will put scientific or legal justification for the biofuels in these vehicles—and for facilities/ America first and vote yes on the RFS. waiver. He, in fact, had the courage to appliances using electricity; and extension of We believe the benefits from passing the take that action. It could have been the energy production tax credits for at least RFS are overwhelming. Even a modest RFS possible 2 years before, if President two years and include open-loop biomass, ag- that equals to about 3% (phased in over 10 Clinton had done likewise. During that ricultural and forestry residues, animal years) of the gasoline used in the U.S. would period of lost time, we had a damp- waste, solar and geothermal. reduce oil imports by 1.6 billion barrels over ening and a delaying of efforts, such as We ask that you give our convictions and the next decade. According to a recent study recommendations careful consideration in by AUS Consultants, reducing oil imports by we are having today, to successfully your deliberations. this amount will reduce our trade deficit by help our national security and our ROBERT C. MCFARLANE, nearly $34 billion while creating 214,000 jobs farm economy because these all benefit National Security Ad- and adding $51 billion to household income. from the increased ethanol use as an visor to President In addition, the RFS will create $5.3 billion oxygenate. Ronald Reagan. in new investment, much of it in rural Amer- President Bush, has turned out to be R. JAMES WOOLSEY, ica. Finally, the RFS provisions of S. 517 will the most pro-ethanol President we Former Director, Cen- provide flexibility for refiners to produce have ever had, and because he refused tral Intelligence. fuel more cost effectively while protecting to let the Clean Air Act unravel, he Admiral THOMAS H. the environment. MOORER, USN (Ret), The RFS is a standard, just like the stand- gave us the leverage necessary for this Former Chairman, the ards we have for automobile fuel economy or process, the negotiation of a new re- Joint Chiefs of Staff. the energy efficiency of appliances and build- newable fuel standard. Now we are ings. Congress has established these vision- back on track. GOVERNORS’ ETHANOL COALITION, ary goals for energy efficiency over many I thank Senator NELSON. I also thank Lincoln, NE, March 12, 2002. years as an integral part of our pubic policy. the senior Senator from Nebraska, Mr. Hon. TOM DASCHLE, The RFS simply says that it is good public HAGEL, because he provided persuasive Majority Leader, U.S. Senate, policy, and in our national interest for some leadership last fall in securing support Washington, DC. portion of our transportation fuel to be de- Hon. TRENT LOTT, rived from renewable resources. for his Senate Energy Committee Re- Minority Leader, U.S. Senate, It is time for America to take meaningful publican colleagues to get behind this Washington, DC. steps toward energy independence. A first, renewable fuel standard. DEAR SENATOR DASCHLE and SENATOR small step is to establish a RFS now. Put I also have said this has been a very LOTT: On behalf of the 27 members of the America first, vote yes on the RFS. bipartisan effort. Obviously, our major- Governors’ Ethanol Coalition, we are writing Sincerely, ity leader, Senator DASCHLE, has been to express our strong support for the provi- TIM HUME, involved in a very helpful way. During sions included in the Energy Policy Act of President. 2002 (S. 517), which will establish a national the negotiations conducted by Senator renewable fuels standard. Mr. GRASSLEY. Mr. President, I HAGEL, he provided constant assur- The provisions set forth in the Manager’s yield myself such time as I might con- ances that he would be supportive of Amendment to S. 517 reflect an agreement sume. this final product. negotiated over the last two years by the The PRESIDING OFFICER. The Sen- I compliment our Republican leader, states, agricultural interests, refiners, and ator is recognized. who comes from an oil-producing State the environmental community that will ad- Mr. GRASSLEY. Mr. President, I and who has been behind ethanol for dress such important issues as MTBE water wish to speak on the issue of ethanol contamination and the oxygenate require- several years, Senator LOTT, and also ment in reformulated gasoline while pro- and the renewable fuel standard, but Senator MURKOWSKI, the ranking mem- viding a significant market for renewable before I do, I compliment the Senator ber of the Energy Committee. Last fall, fuels such as ethanol and biodiesel. Specifi- from Arkansas for the simple reason they gave Senator HAGEL, myself, and cally, we support those provisions in S. 517 that she was the sponsor of the amend- other Senators their commitment, at that: create a national renewable fuels ment in the Senate Finance Committee least for the Republican side, that they standard, ensuring a growing part of our na- in which we adopted this as part of our would support this renewable standard. tion’s fuel supply, up to 5 billion gallons by tax incentives for renewable fuels. She Today, our Nation produces just 1.8 2012, is provided by domestic, renewable led the way in that committee. I was billion gallons of ethanol a year. The fuels; eliminate the use of MTBE in the United States within four years; eliminate happy to join her as the Republican renewable fuel standard will require the oxygenate requirement in the reformu- leader of that effort because not only that we use 2.3 billion. That is a one- lated gasoline program; and maintain the air will Arkansas benefit but half of our half-billion increase in gallons by the quality gains of the reformulated gasoline States raise some soybeans and they year 2004. Then it steadily increases up program. will benefit as well. So I compliment the ladder until it is a mandated use of By enacting these provisions, we will Senator LINCOLN. 5 billion gallons by the year 2012. strengthen our national security, displace I am pleased to join my colleagues in This sounds like just more and imported oil from politically unstable re- support of the renewable fuel standard, gions, stimulate ethanol and biodiesel pro- cheaper gas to burn. But it also will duction, expand domestic energy supplies, which is an example of true bipartisan improve air quality. It strengthens our and continue to reduce air pollution. cooperation in this body. It was a bi- national security, and it reduces our We encourage you to support these provi- partisan effort that made this possible. trade deficit. One-third of our trade sions and to resist any amendments that Obviously, Senator NELSON has already deficit is caused by the import of oil. It would alter this landmark agreement. been applauded by my colleagues. I will decrease our independence upon oil Sincerely, would say that as well. Not only since from dictators who aren’t reliable— BOB HOLDEN, he has been in the Senate but as Gov- Saddam Hussein. It will extend mar- Governor of Missouri, Chair. ernor of the State of Nebraska he kets for agricultural products in a way JOHN HOEVEN, helped, through the Governors’ Con- that we all want—value added. It cre- Governor of North Da- ference, cochairing issues of ethanol ates jobs in cities. kota, Vice Chair. for that conference. So he has been a A 1997 study by the Midwestern Gov- MIKE JOHANNS, leader in this area for a long time. ernors’ Conference—I would bet Sen- Governor of Nebraska, So I give my heartfelt thanks to him ator NELSON had something to do with Past Chair. and to others who were instrumental, this when he was Governor—deter- both directly and indirectly. Even mined that ethanol demand was re- NATIONAL CORN GROWERS ASSOCIATION, Washington, DC, March 13, 2002. though President Bush is not a member sponsible for over 195,000 jobs through- DEAR SENATOR: On behalf of the National of this body, I think he needs to be out the economy. Forty-two thousand Corn Growers Association, I want to express complimented in the first instance for of those jobs were located in Iowa.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1821 With the passage of the renewable fuels, we increase price elasticity in technology and our common sense to fuel standard, 214,000 new jobs are an- the event of supply disruption and thus increase the fuel economy of all of our ticipated. I expect a large portion of reduce the potential damage to our Na- vehicles. those would be in my State of Iowa. tion’s economy. To do otherwise leaves Thank you, Mr. President. Just last week, for instance, Quad us subjected to our current vulnerable The PRESIDING OFFICER. All time County Corn Processors, a cooperative situation where, again, according to has expired. in the small town of Galva, IA, began the Department of Energy, ‘‘For every AMENDMENT NO. 2997 production at their new 18-million-gal- one million barrels per day of oil dis- Under the previous order, the hour of lon ethanol facility. Iowa now has nine ruption, world prices could increase by 11:30 having arrived, there now will be ethanol plants and five more are under $3 to $5 per barrel.’’ 20 minutes equally divided on the construction. In closing, I emphasize that 1 million Levin amendment No. 2997. The Iowa Corn Growers Association barrels per day is a mere 5 percent of Who yields time? provided me an analysis of the eco- U.S. oil consumption. Yet this very The Senator from Michigan. nomic impact of seven new Iowa farm- small amount would cause price hikes Mr. LEVIN. Mr. President, I would er-owned ethanol plants in our State, of 10 to 25 percent if oil were $20 per assume that I would be dividing the two of which have been completed and barrel. A little in alternatives, such as time in support of the amendment equally with my cosponsor from Mis- five are under construction. Over 4,000 ethanol—or we could even say bio- souri, and we would each control 5 min- farmers have invested in these facili- diesel—can go a long way toward pro- utes of the 10 minutes on our side. So ties. These are farmers helping them- tecting all consumers from OPEC ef- selves in a cooperative way. The facili- I yield myself 2 minutes. forts of price gouging. The PRESIDING OFFICER. The Sen- ties will create 170 new jobs. While I thank my colleagues for working ator is recognized for 2 minutes. Iowa currently produces 500 million together in this bipartisan effort, Mr. LEVIN. Mr. President, our bipar- gallons of ethanol each year, these new which is good for the economy, good tisan alternative to the Kerry-Hollings facilities will add 150 million gallons for the environment, good for jobs, and language in the substitute before us is more. good for energy independence. aimed at increasing fuel economy, According to the Iowa Corn Growers, As I so often say to describe ethanol, helping to protect the environment, corn prices will increase 5 cents per it is good, good, good. and decreasing our dependence on for- bushel for every 100 million bushels of The PRESIDING OFFICER. The Sen- eign oil but doing it in a way which corn processed. Therefore, these seven ator from Nebraska. does not harm the domestic manufac- Mr. NELSON of Nebraska. Mr. Presi- new farmer-owned ethanol facilities turing industries. alone will increase corn prices by 3.5 dent, I yield the remaining time to the We have a three-point policy, basi- cents. distinguished Senator from the State cally: One, we provide that we will in- Every year, about 175 million bushels of Florida. crease fuel economy. Two, we have of Iowa corn are processed into eth- Mr. NELSON of Florida. Mr. Presi- greater emphasis on positive incentives anol. This in turn adds about $730 mil- dent, first of all, alternative fuels and to produce and to purchase fuel-eco- lion per year to the income of Iowa ethanol are the subject of the instant nomic vehicles. We do this through farm families. It adds up to $1.7 billion amendment, but I think we have to use joint research and development funds of increased economic activity in our our creativity and our technology in which we would increase over the State. order to approach the overall energy amount requested by the administra- As I mentioned today, we produce na- crisis. tion. We would do this through manda- tionwide about 1.8 million gallons of If a terrorist sinks a supertanker in tory Government purchases of hybrids. ethanol. When fully implemented, the the Straits of Hormuz, which are only And we would also do this through in- bipartisan compromise in this bill—the 19 miles wide, we are going to see a creased tax credits above those pro- renewable fuel standard—will almost major disruption in the flow of oil to vided by the Finance Committee. triple production. the industrialized world, and we will But the third part of our policy is Economic analysis by A–U–S Con- have wished we had used our tech- that many factors should be considered sultants found that this legislation will nology and our creativity to reduce our in raising the CAFE requirement. It displace over 1.6 billion barrels of oil, dependence on that foreign oil by doing should be raised. And our amendment increase farm income by almost $6 bil- things that have worked to save our oil says that it will be raised, but it would lion annually, increase household in- consumption in the past, like increas- be raised, under our amendment, not in come by $52 billion per year, and create ing the miles per gallon of the auto- an arbitrary way, not just by adopting over 214,000 new jobs nationwide. mobiles we drive. We have the know an arbitrary number on the floor of the I also would like to share with my how to do that. Senate, but, rather, by telling, in the colleagues the finding of a study pro- It just amazes me that we have the first instance, the Department of duced 2 years ago by the Department of technology to, for example, produce a Transportation to look at all of the Energy entitled ‘‘The Impacts of Alter- car which will go 80 miles per gallon factors which should be considered in native and Replacement Fuel Use On and yet we are still so balled up in our adopting a new CAFE standard—many Oil Prices.’’ The study found that ‘‘cur- politics that we may not pass an initia- factors, including safety, including rent use of alternative and replacement tive that calls for moderate increases cost, including competitiveness of fuels is estimated to reduce total U.S. in the fuel efficiency of our nation’s manufacturers. petroleum costs by about $1.3 billion automobiles. The modest increases The National Academy of Sciences per year.’’ called for by the Kerry-McCain initia- has specifically said that there is a It is very important to understand tive would achieve three goals of par- safety tradeoff. That is what they have that these alternative fuels—primarily ticular importance to our nation in found. The opponents of our amend- MTBE as well as ethanol—made up this time of war: lessen our dependence ment say it is a flawed study. OK. We only 2.71 percent of our total motor on foreign oil, reduce gasoline costs for disagree with that. But, nonetheless, if fuel use. I want to say to naysayers consumers and protect the environ- it is a flawed study, the National Acad- who criticize efforts to expand alter- ment by reducing toxic air emissions emy of Sciences has also then said, the native sources of motor fuels that the and carbon dioxide emissions, which National Highway Traffic Safety Ad- evidence proves that even small contribute to global warming. Increas- ministration should continue their amounts of alternative motor fuels can ing CAFE can achieve these goals- work in this area. But, point blank, the generate huge savings to consumers. which are particularly important to National Academy of Sciences says The Department of Energy study our nation’s security now that we are there is a tradeoff. went on to estimate that if we increase in a battle against terrorists around I yield myself an additional minute. our alternative motor fuels use by just this globe. The PRESIDING OFFICER. The Sen- 10 percent by the year 2010, consumers So I wanted to add my voice, hope- ator is recognized. will save $6 billion per year. By in- fully, as a voice of reason, to get our Mr. LEVIN. In the year studied, 1993, creasing the use of alternative motor representative body to start using our they found between 1,300 and 2,600

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1822 CONGRESSIONAL RECORD — SENATE March 13, 2002 deaths and 13,000 and 26,000 injuries. not act today to try to restore nor- ing into account several factors: tech- They said these deaths and injuries malcy to the NHTSA process, Congress nological feasibility, economic prac- were a painful tradeoff that resulted will always either block or act to set ticability, other vehicle standards such from CAFE. The opponents of our CAFE standards, every 20 years or so, as those for safety and environmental amendment do not consider safety. when the political will is sufficient to performance, the need to conserve en- They just say the study is flawed. That do so. NHTSA will never be able to ergy, and the recommendations of the is their answer. carry out the normal process of review- National Academy of Sciences. I want What about the discriminatory im- ing and incrementally improving fuel NHTSA to fully and fairly evaluate all pacts of CAFE? efficiency for automobiles and light the criteria, and then make an objec- The National Academy of Sciences trucks, as Congress originally intended tive recommendation on the basis of again says that one concept of equity when it passed the CAFE law in the those facts. I expect NHTSA to consult among manufacturers requires equal 1970s. with all interested parties—unions, en- treatment of equivalent vehicles made Both interest groups battling over vironmental interests, auto manufac- by different manufacturers. We do not the CAFE issue, the auto manufactur- turers, and other interested Wisconsin have equal treatment of equivalent ve- ers and the environmental community, citizens in developing this rule. And, I hicles made by different manufacturers have switched their positions in this expect NHTSA to act, and if it does under the language that is in the sub- debate on this bill. The auto industry, not, this amendment requires Congress stitute of Senator KERRY and Senator who once wanted CAFE perpetually to act on a standard. HOLLINGS. It treats equally-efficient frozen with a rider, now support the In opposing the Levin-Bond amend- vehicles differently and discriminates, Levin amendment. The environmental ment, some subscribe to the view that thereby, against American jobs and the community, who once opposed the NHTSA has a particular agenda and American industry. rider and wanted NHTSA to act, now will recommend weak standards. I do I yield the floor. wants Congress to set the standard not support that view, just as I could The PRESIDING OFFICER. Who rather than NHTSA. With my vote, I not support retaining the CAFE rider yields time? am committing to a consistent posi- in law. Mr. LEVIN. Mr. President, I yield 1 tion. Let me explain the evolution of NHTSA should be allowed to set this minute to my colleague from Michi- that position. standard. Congress is not the best gan. Months prior to the midterm elec- forum for understanding whether or The PRESIDING OFFICER. The Sen- tions in 1994, NHTSA published a no- not improvements in fuel economy can ator from Michigan. tice of possible adjustment to the fuel and should be made using existing Ms. STABENOW. I thank my col- economy standards for trucks before technologies or whether emerging league from Michigan. the end of the decade. The following technologies may have the potential to Mr. President, it is important to em- year, however, the House-passed improve fuel economy. Changes in fuel phasize today that this debate is not version of the FY1996 Department of economy standards could have a vari- about whether or not we will increase Transportation Appropriations bill pro- ety of consequences. I seek to under- vehicle fuel efficiency. We are not ar- hibited the use of authorized funds to stand those consequences and to bal- guing for a freeze on CAFE standards. promulgate any CAFE rules. The Sen- ance the concerns of those interested What we are saying is that we need to ate version did not include the lan- in seeing improvements to fuel econ- do this in the best way possible. This guage, but it was restored in Con- omy as a means of reducing gasoline needs to be something where we win ference. Much the same scenario oc- consumption and associated pollution. environmentally and we win in terms curred in the second session of the In the end, I would like to see that of the economy and jobs. 104th and the first session of the 105th Wisconsin consumers, indeed all con- That is what this substitute does. It Congresses. In both those sessions, a sumers, have a wide range of new auto- is comprehensive. It moves vehicle fuel similar rider was passed by the House mobiles, SUVs, and trucks available to efficiency forward. It creates the mar- and not by the Senate, but included by them that are as fuel efficient as they ket incentives and the support to make the Conferees and enacted. However, can be while balancing energy concerns sure we have what is necessary in the growth in gasoline consumption with technological and economic ef- terms of infrastructure for these new and the size of the light-duty truck fects. That balancing is required by the vehicles. It moves us in the right direc- fleet were concerns cited behind intro- law. I fully expect NHTSA to proceed tion. duction in the Senate of an amendment with the intent of the law to fully con- I simply urge my colleagues to vote to the bill expressing the Sense of the sider all those factors, and this amend- for this amendment, to support in- Senate that the conferees should not ment ensures they do so. creased vehicle fuel efficiency, and a agree to the House-passed rider for In supporting this amendment, I vibrant, economically healthy U.S. FY2000. The amendment, sponsored by maintain the position that it is my job auto industry. We do both through this the former Senator from Washington, to ensure that the agency responsible amendment. Mr. Gorton, and the Senator from Cali- for setting fuel economy be allowed to Mr. FEINGOLD. Mr. President, I am fornia, Mrs. FEINSTEIN, was defeated in do its job. I expect them to be fair and voting in favor of the Levin-Bond the Senate on September 15, 1999, by a neutral in that process, and I will work amendment, and I want to explain my vote of 55–40, and the rider was once with interested Wisconsinites to ensure views in detail. Fuel efficiency is a again enacted into law. that their views are represented and critically important issue for our coun- As I stated on the Senate floor in the that the regulatory process proceeds in try, for my home State of Wisconsin, debates on the CAFE rider on June 15, a fair and reasonable manner toward and for our future. I remain committed 2000, my vote was about ‘‘Congress get- whatever conclusions the merits will to the goal that significant improve- ting out of the way and letting a fed- support. ments in automobile and light truck eral agency meet the requirements of Mr. VOINOVICH. Mr. President, as fuel efficiency can be achieved over an federal law originally imposed by Con- co-chairman of the Senate Auto Cau- appropriate time frame. Some will gress.’’ I supported removing the rider cus, I am pleased to join with my col- argue that my vote for Levin-Bond is a because I was concerned that Congress leagues, Senator LEVIN and Senator vote against increasing the corporate has for more than 5 years blocked BOND, in offering this CAFE standards average fuel economy, CAFE. I do not NHTSA from meeting its legal duty to amendment to the energy bill. This is share that view. evaluate whether there is a need to truly an important issue; one that im- The Levin-Bond amendment seeks to modify fuel economy standards. pacts upon our Nation’s economy, our renew the Department of Transpor- As I made clear then, I have made no environment and the safety of the trav- tation’s role in setting CAFE standards determination about what fuel econ- eling public. acting through the National Highway omy standards should be, though I do There is no doubt that each of us Traffic Safety Administration, NHTSA, think that an increase is possible. wants the automobile industry to part of the Federal Department of NHTSA has the authority to set new make cars, trucks, SUVs and minivans Transportation, DOT. If Congress does standards for a given model year, tak- that are as energy efficient as possible.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1823 Not only is it good for the environ- produce a large number of light trucks Our amendment also requires that ment, it also means more money in the because a combined fleet average will the Department of Transportation pocket of the American consumer be- factor in both the fuel efficiency aver- complete the rulemaking process that cause they spend less at the gas pump. ages of passenger cars and light trucks would increase fuel efficiency stand- However, I am deeply concerned that by a manufacturer. ards within 15 months for light trucks, the extreme Corporate Average Fuel And, because truck, SUV and and 24 months for passenger cars. If the Economy (CAFE) standard included in minivan demand is not expected to de- Administration doesn’t act within the the pending energy bill will have a dev- crease anytime soon, automakers that required timeframe, Congress will act, astating effect on public safety, as well are meeting this demand will either under expedited procedures, to pass as put a severe crimp in the manufac- have to manufacture and sell a high- legislation mandating an increase in turing base of my state of Ohio. gas mileage vehicle that likely does fuel economy standards consistent For the first time in American his- not exist now, or cut the production of with the same criteria that the Admin- tory, new vehicle sales of trucks, SUVs the trucks, the SUVs and the minivans istration must consider. and minivans in 2001 outpaced the sale that American consumers want. This The amendment will also increase of automobiles. This remarkable result will only increase prices for the safe the market for alternative powered and can be attributed to a number of fac- vehicles America wants. hybrid vehicles by mandating that the tors, but one reason that is often cited Ohio is the number two automotive federal government, where feasible, is the fact that these vehicles are seen manufacturing state in America, em- purchase alternative powered and hy- as safer. ploying more than 630,000 people either brid vehicles. Indeed, when asked why they bought directly or indirectly. I’ve heard from a This mandate is nothing new. The their particular vehicle, truck, SUV number of these men and women whose federal government, under the Energy and minivan owners overwhelmingly livelihood depends on the auto industry Policy Act of 1992, is already required stated that they simply felt safer than and who are frankly very worried to maintain a covered fleet of 75 per- they would have in a regular sedan or about their future. I have met with cent of alternative fuel vehicles. This compact car. members of the United Auto Workers, amendment will simply increase the Overall, Mr. President, our roadways and executives from the major auto- amount to 85 percent for covered fleets are safer. In fact, safety statistics show mobile manufacturers about the CAFE and require the purchase of hybrid ve- that the numbers of automobile fatali- hicles for fleets that currently are not ties are at historic lows while total ve- proposal and there is genuine concern covered. There are waivers that allow hicle highway miles traveled has risen. that the provision in the bill could the federal government to purchase According to the National Highway cause a serious disruption in the auto traditional fueled vehicles where nec- Traffic Safety Administration industry resulting in the loss of tens of (NHTSA), there were 1.5 fatalities per thousands of jobs across the Nation. essary. However, I believe that this guaran- 100 million vehicle miles traveled in The Levin-Bond-Voinovich amend- teed market will encourage the auto 2000, while in 1999, the rate was 1.6 per ment is a rational proposal that will industry to increase their investment 100 million vehicle miles traveled. Ten keep workers both in Ohio and nation- in research and development with an years earlier, in 1990, the rate was 2.1 wide working, allowing these men and per 100 million vehicle miles traveled. women to continue to take care of eye towards making alternative fuel Part of the reason traffic fatality rates their families and educate their chil- and hybrid vehicles more affordable, have continued to drop can be attrib- dren while also encouraging greater available and commercially appealing uted to the fact that vehicles are being fuel efficiency and safer vehicles. to the average consumer. Additionally, a federal fleet of alter- made safer. Our amendment calls for the Depart- However, some in this body are indi- ment of Transportation to increase fuel native fuel and hybrid vehicles will re- rectly proposing that we give up the economy standards based on the fol- sult in an improved infrastructure for safety accomplishments we have at- lowing factors: these vehicles and encourage a com- tained in order to achieve an arbitrary The need to conserve energy; mercial growth in such infrastructure fuel efficiency standard for automobile Economic practicability; as well. vehicles. The effect of other government Our amendment will not cause shift- As my colleagues know, the provision motor vehicle standards on fuel econ- ing within the auto manufacturing in- included in the energy bill sets the omy; dustry. It does not pretend that Con- CAFE standard at a combined fleet av- The desirability of reducing U.S. de- gress has the scientific expertise to de- erage of 35 miles per gallon by 2015. pendence on foreign oil; termine the best mile-per-gallon in- Under current law, light truck fleets The effect on motor vehicle safety; crease for both light trucks and pas- and passenger cars make up two sepa- The effects of increased fuel economy senger cars, a number which currently rate fleet distinctions with different on air quality; would unfairly punish the auto compa- mile-per-gallon requirements for each. The adverse effects of increased fuel nies and auto workers who build what The existence of two separate fleets economy standards on the relative consumers want—larger cars and recognizes that passenger cars and competitiveness of manufacturers; trucks. light trucks are different vehicles that The effect on U.S. employment; I urge my colleagues to support our require different capabilities. However, The cost and lead-time required for amendment. It meets our environ- the enactment of a combined fleet av- introduction of new technologies; mental, safety and economic needs in a erage would ignore this distinction. The potential for advanced tech- balanced and responsible way, contrib- We also need to ask what the sci- nology vehicles (such as hybrid and uting to the continued and needed har- entific basis is for the 35 mile-per-gal- fuel cell vehicles) to contribute to sig- monization of our energy and environ- lon threshold? What rational expla- nificant fuel usage savings; mental policies. nation is there for the magic number The effect of near-term expenditures Mr. INHOFE. Mr. President, I want ‘‘35,’’ or was that number simply fab- required to meet increased fuel econ- to take some time to explain to my ricated? omy standards on the resources avail- friends the importance of the CAFE de- To achieve this standard, the auto in- able to develop advanced technology; bate to the people of Oklahoma. dustry would have to modify their Technological feasibility; and Today most of the people in Okla- manufacturing base, and produce an The report of the National Research homa buy light trucks, sports utility automotive fleet that will in all likeli- Council, entitled ‘‘Effectiveness and vehicles, and minivans. They are what hood require greater use of lighter ma- Impact of Corporate Average Fuel you see on the road in Oklahoma. In terials. Lighter materials will defi- Economy Standards,’’ issued in Janu- fact, they are what Americans all over nitely help increase fuel efficiency, ary 2002. the country are buying. however, it will also make those auto- I believe this is a much more respon- Last year national sales of light mobiles less safe. sible approach than picking a number trucks, sports utility vehicles and The provision in the bill also will be arbitrarily—literally, it seems, out of minivans outpaced cars for the first damaging to auto manufacturers that thin air. time, and since 9–11 there has been a

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1824 CONGRESSIONAL RECORD — SENATE March 13, 2002 spike in sales of these vehicles. We tion of Manufacturers; American High- nomically responsible vote—to miti- have hard data showing us that this in- way Users Alliance; Alliance of Auto- gate our exposure to foreign oil and crease is due to Americans’ desire for mobile Manufacturers; American Farm economically devastating price safety, comfort, and utility. Bureau Federation; Union Pacific. shocks—they would have acted today In the 2001 Customer Satisfaction Competitive Enterprise Institute; to increase our fuel efficiency stand- Study, Maritz Marketing Research, American International Automobile ards. Inc. surveyed 83,196 new vehicle buyers. Dealers Association; Motor & Equip- I believe many in this Chamber agree When asked what vehicle attributes ment Manufacturers Association; on the theoretical goals of this bill—in- were ‘‘Extremely Important’’ in their Original Equipment Suppliers Associa- creased energy independence, diver- purchase decision, gas mileage ranked tion; Delphi Automotive Systems; sification or our energy resources and 15th on car buyers’ lists, behind such Automotive Coalition for Traffic Safe- improving the energy efficiency of our things are reliability, value for the ty; National Marine Manufacturers As- economy. But my colleagues must real- money, durability, and safety features. sociation. ize that to meet these goals we must 43 percent rated gas mileage as ‘‘ex- Small Business Survival Committee; address both supply-side and demand- tremely important’’ vs. 70.6 percent for National Cattlemen’s Beef Association; side of the equation. And we cannot reliability, 59.3 percent of value, 59.2 American Horse Council; American wait to take action. percent for durability, and 57.3 percent Recreation Coalition; Associated Gen- Simply cranking up oil production for safety features. eral Contractors of America; Auto- and ignoring the efficiencies at our fin- When asked the same question, motive Coalition for Traffic Safety; gertips will ensure that we will be in truck, SUV, and full-size van owners Coalitions for America; Coalition for the same place 20 years from now—or ranked gas mileage 32nd on their list of Vehicle Choice; National Association worse yet, even more dependent on for- ‘‘extremely important’’ items, below of Plumbing, Heating and Cooling. eign sources of oil. safety features, interior roominess, General Motors; Ford Motor Com- Estimates suggest that if the status passenger seating, and cargo space, pany; Daimler Chrysler; Toyota; Nis- quo is maintained, our dependence will among others. 29.8 percent rated gas san, Volkswagen; BMW; Mazda; Fiat; grow from 51 percent today, to 64 per- mileage as ‘‘extremely important’’ vs. Isuzu; Mitsubishi Motors; Porsche; cent in 2020. If the status quo is main- 51.4 percent for safety features, 41.9 Volvo; National Association of RV tained, we will be asking ourselves the percent for interior roominess, 38 per- Parks and Campgrounds. same questions about economic and en- National Grange; National Truck cent for passenger seating, and 36.8 per- ergy security as we are asking our- Equipment Association; Recreation Ve- cent for cargo space. selves today. hicle Industry Association; Specialty A governmental mandate flies in the I believe that the CAFE provision Equipment Market Association; Na- face of Americans’ desire for these very proposed by Senator KERRY and Sen- tional Four Wheel Drive Association; attributes: safety, utility, and comfort. ator MCCAIN, like its predecessor in Business Round Table; AFL/CIO. 1975, would have gone a long way to- A mandate against the will of the Please join me in supporting the American people is not the way we do ward meeting the multiple goals of the compromise crafted by Senators LEVIN things in government of the people, by overall energy bill. In addition to the and BOND. the people and for the people. Ms. CANTWELL. Mr. President, I energy security and environmental As far as jobs and economics, a typ- rise today to express my disappoint- benefits I’ve already mentioned, it ical assessment comes from Dr. Robert ment with the Senate’s inability to act would have protected consumers W. Crandall, Senior Fellow in the eco- on the important issue of corporate av- against disruptions in oil supplies that nomic study program at the Brookings erage fuel economy standards for our increase the cost of a gallon of gaso- Institution notes that the current pro- Nation’s vehicles. Addressing the line. posal would cost the United States transportation sector’s consumption of The current CAFE standard—which something like $17 or $18 billion a year fossil fuels is an integral part of any has saved 14 percent of fuel consump- in lost consumer surplus. This loss of energy policy designed to meet the tion from what it would have been jobs and damage to our economy is un- needs of our 21st century economy. without CAFE—has not been updated acceptable when this mandate will also I continue to believe that raising in 20 years. By increasing fuel economy cost lives and fly in the face of Ameri- CAFE standards is absolutely critical standards, consumers would travel far- cans’ free choice of vehicles. in promoting more efficient fuel use— ther on a gallon of gasoline than ever On safety, we have the scientific thus weening this nation from its de- before. Since the introduction of the analyses of our National Academy of pendence on foreign oil—while con- first CAFE standards in 1975, vehicle Science and our National Highway tinuing to meet our transportation operating expenses have been halved, Traffic Safety Administration, as well needs. At the same time, CAFE stand- mostly due to decreased expenditures as numerous analysts. ards promise environmental benefits on gas and oil. For example, in 1972, Ralph Nader and savings for consumers. Despite Increasing fuel efficiency has a sec- and Clarence Ditlow published a book what some in industry might suggest— ond impact, which is to help to stimu- entitled Small on Safety. Page after suggestions that harken back to Con- late the American economy by keeping page has such statements as, ‘‘Small gress’ first debate on CAFE in 1975, dollars at home. At present, Americans size and light weight impose inherent when some claimed the current stand- spend over $300 million dollars per day limitations on the degree of safety that ards would render this Nation’s auto on foreign oil. By reducing how much can be built into a vehicle.’’ manufacturers extinct—I believe we of that oil we consume, Americans save After all is said and done, drivers and have the technologies and the Amer- billions of dollars a year at the gas passengers are safer and do better in ican ingenuity necessary to meet the pump. This money would be available crashes about 98 percent of the time goals set out by tougher CAFE stand- for reinvestment in our own economy when vehicle weight is greater. A Fed- ards. and to help improve the lives of Amer- eral Government mandate to cut the Transportation accounts for 67 per- ican families. weight of vehicles is going to cost cent of U.S. oil consumption and one- Opponents of CAFE standards have lives. I want safe Oklahomans and third of U.S. greenhouse gas emissions. argued that increased fuel efficiency therefore oppose CAFE mandates. Clearly, improving the efficiency of the will result in decreased vehicle safety. The following groups oppose the U.S. vehicle fleet would serve the pub- To the contrary, provisions to main- Kerry/McCain CAFE provisions because lic interest by reducing individuals’ ex- tain vehicle safety are written directly they are bad for safety, utility, per- posure to fluctuations in oil prices and into the language. Furthermore, by formance, consumer choice, and jobs: emitting fewer of climate changing bringing SUVs and light trucks under United Auto Workers; U.S. Chamber greenhouse gases. the rubric of the CAFE standard, CAFE of Commerce; National Automobile To me, the numbers suggest a very will without question save lives. Dealers Associations; American Iron clear choice. Opponents also argued that CAFE and Steel Institute; Association of If my colleagues truly wanted to standards hurt the American auto in- American Railroads; National Associa- take the environmentally and eco- dustry and American workers.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1825 In reality, a high fuel economy about her concerns about the safety Automobile makers produce 50 dif- standard would put existing tech- issue, and that was the point she em- ferent automobiles that get 30 miles nologies into vehicles and spur techno- phasized. That is certainly understand- per gallon or better. Anybody can go to logical innovation—something in able. a dealer today if they want to and which American industry is a proud The Levin-Bond amendment would be drive home a very fuel-efficient auto- leader. The CAFE proposal provided for what we would do instead of the Kerry mobile, but small cars make up only 14 gradual improvement in fuel economy provision which adversely affects em- percent of the market. over time, allowing manufacturers the ployment, safety, and consumer choice. Today’s light truck gets better gas opportunity to retool processes and re- I think the Levin-Bond amendment is a mileage than a subcompact car from design product lines over time. Con- much wiser way to proceed. the 1970s. Progress is being made. I do sumer fuel savings and technological The National Academy of Sciences pay attention to it. The SUV I own and innovation will lead to an infusion of CAFE report declared there will be drive in the Washington, DC, area is capital in local economies and invest- more deaths and injuries if fuel econ- the Honda SUV. It is actually my ments in the auto industry, making omy standards are raised too fast with- wife’s car. I have to confess that be- U.S. vehicles competitive in a global out proper consideration given to how cause I always insist on still driving an market and creating—not destroying— that is going to be done and what im- American-made automobile. But a lot jobs. pact it might cause. of these automobiles now are made by The first time around, CAFE was cre- This amendment, the Levin-Bond Honda and Nissan and Hyundai and ated in response to rising oil prices. amendment, is supported by labor, the Toyota. They are international compa- Today, volatility in the oil market UAW, the Chamber of Commerce, the nies, as are our domestic companies. So continues to be a concern, along with AFL–CIO, the National Association of are all these other companies. our energy security and the environ- Manufacturers, the Farm Bureau, auto- I do pay some attention to what I mental impact of fossil fuel emissions. mobile dealers, and over 40 other orga- choose to drive and the fuel efficiency We had before us an opportunity to al- nizations, but, more importantly, by that it gets in the District of Colum- real people in the real world, people leviate threats to our national energy bia. who do worry about safety, people who and economic security posed by foreign There also is no magic technology. I do have needs for a van or an SUV or a oil dependence, while protecting our think progress is being made. But if pickup truck who refuse to be rel- environment and taking a positive step you had the technology to go imme- egated to an automobile such as the in the battle to mitigate greenhouse diately to an automobile that got this one shown in this picture. This type of gas emissions. Now is the time to make fuel efficiency number picked out of car may be fine in Boston or Chicago, these changes. the sky without sacrificing a lot of but it is not fine in Lucedale, MS, or I thank Senator KERRY and Senator other very important factors, such as Des Moines, IA, or a lot of other places MCCAIN for their leadership on this safety and comfort and the needs of the around this country. People have to issue. I want to add that I agree with consumers, you would do that. drive long distances. They have large my colleague from the Energy Com- There are those who say technology families. is going to make it possible for us to mittee, Senator CARPER, who has sug- In my case, when I move my family have much more fuel efficiency with- gested that we should—we must—re- around now, I have a choice. I have a out reducing the waste and size of the turn to the issue of CAFE standards be- bigger automobile, an SUV. I worry automobile. I have faith in American fore we finish our work on this bill. about safety. And I worry about strap- technology. I think we will get there. Hopefully, we will all come to our ping in the grandchildren properly, We are headed there. That option will senses. making sure they are going to be safe. be there. But I still don’t understand The PRESIDING OFFICER. Who And I even worry about making sure yields time? that third seat is secured properly. why we should be trying to mandate The minority leader. I have a choice. I either can take two the laws of physics and require that Mr. LOTT. Mr. President, I know vehicles, the SUV or the van—one of these things happen. there is a limited amount of time them being a bigger one—or I can take I heard one of the Senators the other available, and it has been equally di- three automobiles. How much gas have day saying that the goal is to use less vided, so I would like to speak briefly you saved? foreign oil. I agree with that. This is a and use leader time so it will not count This whole area astounds me. Let’s national security question. That is why against the time that has been re- talk about what real people do when this bill is important. I have another served. they have a choice. After all, this is alternative. While we do want to en- The PRESIDING OFFICER. The Sen- still America. We should be able to courage conservation and look at alter- ator is recognized. make our choices. We should not have native fuels, I also don’t want us to Mr. LOTT. Mr. President, I rise in the Federal Government saying you take actions that basically mandate very passionate support of the Levin- are going to drive the purple people that in America you have to use less. Bond amendment. I know very good eater shown here. I am not picking on We have a lot of domestic oil that we work has been done on this amend- this manufacturer. In fact, purposely I can use, natural gas, hydroelectricity, ment, and it is based on sound science wanted to have a car that is hard to nuclear. We have to have more, not and solid data. It seems to me that is identify. This is basically in Europe. just less. the way to go instead of just picking a And when I was over there, I saw these If we conserve and produce more, number out of the sky, whether it is 32 little cars. I saw people pick them up America can continue to grow. That is or 35 or 37 or moving the years up or and set them over into parking spaces. what we want. We want a growing down. It seems to me it would be wiser I also was trying to figure out how I economy. If you don’t have the energy to have decisions about the miles-per- was going to get my 6 foot 21⁄2 inch supply, you are not going to have the gallon requirements done in a respon- frame in this automobile. economic development you want. sible way, having been studied by the So what do real people do when they CAFE standards have not reduced proper entity and based on science and have a choice in America? Well, the 10 imported oil. We started to put these solid data. most fuel-efficient cars account for standards in place back in the 1970s. Of course, the organization to do that only 1.5 percent of automobiles sales. Yet as the efficiency has gotten better, is NHTSA. They have the expertise to Americans value fuel economy, but it the use of foreign oil has not gone analyze the numbers and consider all ranks far behind other very important down. It has been steadily going up. that should be involved here: the jobs competing values, such as safety, com- Now we are dependents for 59 percent that might be affected, technology, fort, utility, and performance. of our energy needs supplied by foreign how soon this improved fuel efficiency A recent survey of attributes con- oil. That is a dangerous concept. We could be obtained, and safety. Safety is sumers look for when buying a new should produce more here while we are a big issue. automobile found that fuel economy also conserving. I heard Senator MIKULSKI from Mary- ranks 25th out of the 26 vehicle at- I personally think the CAFE program land on the radio this morning talking tributes they were looking for. is a flawed program. I don’t think we

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1826 CONGRESSIONAL RECORD — SENATE March 13, 2002 ought to be issuing these mandates. I this issue. I recall several years during should not get an SUV because Con- urge my colleagues to vote for the which we passed in the Congress prohi- gress decided that would be a bad Levin-Bond approach. It is the respon- bitions against the administration, choice. I just came from a news con- sible way. It will be based on some- through NHTSA, even considering a ference with Martha Godet, who ex- thing done by an entity in the Govern- change in CAFE standards. That plained last week that she wanted a ment that has the responsibility to get doesn’t seem particularly consistent to minivan to carry her two preteen sons it done. I am not even sure right now me with a reliance on sound science and one baby to various events. Her what may be offered later on today, and sound data. The truth is, the Re- story in the newspaper was countered perhaps by Senators KERRY or MCCAIN publican leader has set up a totally by one of my colleagues on the other or others. If we don’t even know what false choice. He has indicated the side of the aisle who said her proposal they are going to offer, what science is choice is between what we have now was ‘‘nonsense.’’ She extends an invita- it based on? and, as he put it, this purple people tion to that Senator to join her in a I conclude by saying this is the re- eater that he has pictured. carpool to see how it would be if they sponsible way to go. It will not ignore The reality is, the technology is were in a subcompact or a Yugo. She the issue. It sets up a process based on there to keep the cars, the SUVs, the said it would look like a clown car if science, capability, technology. It does vehicles we now drive and shift them to they were in a Yugo that managed to take into consideration or will allow being much more fuel efficient. The meet the fuel standards in the Kerry consideration of safety. And I don’t real choice is in the SUV that the Sen- amendment. want every American to have to drive ator from Massachusetts has a picture I am grateful for the support of the this car. of, which Ford Motor Company indi- Missouri Soybean Association, Corn I yield the floor. cates they are going to have on the Growers, and the Farm Bureau. We ap- Mr. BINGAMAN. Mr. President, I market next year. They say it is the preciate the information on safety yield 2 minutes to the Senator from same power as before, the same conven- from the Insurance Institute for High- Maine, Ms. COLLINS. ience as before, the same room as be- way Safety and the National Associa- Ms. COLLINS. Mr. President, I am fore, but it uses half as much gas. That tion of Independent Insurers. The best pleased to join several of my colleagues is the option. We just need to step up way to get better mileage is through in rising in support of increased fuel ef- to giving that challenge to the car sound science and NHTSA. ficiency standards for cars and trucks. dealers. I reserve the remainder of my time. Some people have tried to cast this ar- When you look at why we are con- The PRESIDING OFFICER. The Sen- gument as a choice between trucks and tinuing to import more and more oil, it ator from Alaska. better fuel economy. This is simply a is very clear. The main reason is we Mr. MURKOWSKI. Mr. President, I false choice. I am convinced that we have stalled out on improving effi- ask that I may speak for 1 minute. can, with America’s can-do attitude ciency in the motor vehicle sector. Mr. BOND. I yield a minute to the and technological know-how, provide This chart shows that, since 1989, Senator from Alaska. safer, more efficient cars and trucks there has been absolutely no improve- Mr. MURKOWSKI. Mr. President, I that will go further on a gallon of gas ment. In fact, there has been a decline rise in support of the Bond-Levin and save consumers money at the gas in the fuel efficiency of our overall amendment. I believe the automobiles pump. CAFE standards will give us bet- fleet. So this amendment will take the need to become more efficient; it is in ter trucks and more money in our teeth out of our efforts to improve effi- our national interest. I think our lead- pockets. ciency. It should be rejected. I hope my er referred to this car pictured on the OPEC’s anticompetitive manipula- colleagues will do so. chart as the ‘‘purple people eater.’’ I tions have driven the price of oil to a 6- The PRESIDING OFFICER. Who think that is a pretty good name. month high. If we don’t increase CAFE yields time? If no one yields time, time I do not believe the Senate is in the standards, America will only grow is charged equally to both sides. best position to dictate how we do this. more and more dependent on foreign Mr. BINGAMAN. How much time re- When it comes to Congress dictating oil. Already we rely on foreign oil for mains, Mr. President? what kind of fuels we use in our vehi- 60 percent of our supply. That is a dan- The PRESIDING OFFICER. There cles, we fail miserably. We have about gerous dependency. How much further are 5 minutes 20 seconds on the opposi- 15 different types of fuels we use in the into OPEC’s clutches do we have to let tion side and 5 minutes 13 seconds on country. It is at a significant cost. We ourselves slide before we decide that the proponents side. don’t even address it in this bill. We there is another way, a better way? Who yields time? have proven we are not very good CAFE is the American way of sending Mr. BOND. Mr. President, I yield my- chemists in the Congress. We are not OPEC a message that we will not stand self 2 minutes. very good automotive engineers either. for their anticompetitive manipulative I ask unanimous consent that Sen- Congress should not randomly deter- price increases. ators GRASSLEY and HUTCHINSON of Ar- mine vehicle fuel mileage on a whim. Our proposal will save more than 1 kansas and ALLEN be added as cospon- We should leave it to the experts who million barrels of oil a day. It will save sors. know what they are doing, and we will billions of dollars for consumers. And The PRESIDING OFFICER. Without take into account safety and economic it will do more to reduce our reliance objection, it is so ordered. impact. The Bond-Levin amendment on foreign oil than any other single Mr. BOND. Some people here believe does that and leaves the decision to the measure before us. Americans cannot be trusted to make experts. I urge my colleagues to sup- I call on my colleagues to join me in the right choice. In choosing between port this amendment. supporting the proposal to increase consumers and Government, I will side Mr. BINGAMAN. Mr. President, how CAFE standards. This proposal is the with the consumers. I don’t pretend to much time remains on both sides? right thing to do for the environment, know what is best for the 15 million The PRESIDING OFFICER. There for the economy, for consumers, and Americans who are purchasing vehicles are 5 minutes 12 seconds in opposition, for America. each year, but I prefer to listen to and there are 2 minutes 1 second for I commend Senators KERRY, BINGA- those who are actually in the business the proponents. MAN, MCCAIN, and my colleague from of selling cars and trucks. They tell me Mr. BINGAMAN. I yield the remain- Maine, Senator SNOWE, for their efforts one consistent message: The Kerry der of the time to the Senator from in coming up with an alternative ap- amendment is a job killer, a threat to Massachusetts. proach. the safety of friends and families, a Mr. KERRY. Mr. President, I thank Mr. BINGAMAN. Mr. President, I mandated market that eliminates con- my colleague. yield myself 2 minutes in opposition to sumer choice. Let me share what this vote is now the amendment. Now, 2,000 people a year, according to about. This vote is about whether or The Republican leader was just urg- the National Academy of Sciences, not we will keep any standard at all ing us to consider sound science and have been killed by lighter cars. I don’t with respect to fuel efficiency. If the sound data in making judgments on want to tell a mom in my State she Bond-Levin amendment passes, there

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1827 will be not only no standard whatso- on which NHTSA has signed off, says Mr. LEVIN. I yield myself 1 minute. ever in place, there will be a process you can build a car in America that is The PRESIDING OFFICER. The Sen- that will allow for delay into the far just as competent as any SUV today ator from Michigan. future. And there is a provision in the and provides safety. Mr. LEVIN. Mr. President, the Sen- Bond-Levin amendment which undoes Mr. President, how much time re- ator from Massachusetts said the the current safety standards. There is mains? amendment before us would eliminate no safety standard at all. In NHTSA, The PRESIDING OFFICER. The Sen- existing safety standards. That is flat they ask to look at it, but it undoes ator has approximately 1 minute. out wrong. He summarized a quote the current safety standard. Mr. KERRY. They try to suggest that from one member of the National Acad- Mr. President, this is a question of this is a jobs problem. The fact is that emy of Sciences. I want to read one whether or not we are going to do what our workers in Detroit have the ability line from the National Academy of 88 percent of the people in America to build all the cars America can buy Sciences on the exact point: that are just as large as the cars we want us to do and only 9 percent are Equal treatment of equivalent vehicles opposed to, and that is to save a sig- have today but are more efficient. made by different manufacturers is a re- nificant amount of oil that we import What they need is an auto industry quirement of equity. The current CAFE from the Persian Gulf, from countries that asks them to do it, that gives standards fail that test. that have the ability to dictate to the them the cars that are so designed. It I have much more confidence in the United States the price in our future— is extraordinary that my colleagues workers of this country and their rep- whether we will save that and simulta- have so little confidence in the ability resentatives than my friend from Mas- of the American worker and American neously contribute to global warming sachusetts. They strongly oppose this ingenuity to provide cars that are problems, as well as health in America. amendment. The UAW favored CAFE going to be competitive well into the There are two stories here. There is when it first came into existence. They the lie and there is the truth. To my future with the Japanese and Germans. I think we should celebrate the ca- favored CAFE. They strongly oppose right, that purple machine in the pho- pacity of the American worker, and the Kerry language because it discrimi- tograph is the lie. No American will be that is what we are asking people to nates against equally efficient vehicles forced to drive any different auto- do. Every year, there has been an op- made in America. mobile. My wife drives an SUV. She portunity to delay, to obfuscate. The The PRESIDING OFFICER. The Sen- supports this effort because she knows opponents have chosen to do it. The ator’s time has expired. she can still drive an SUV that is effi- only people who support Bond-Levin Mr. LEVIN. I yield the remainder of cient. Cars such as Suburbans are not are those who support the specific my time to the Senator from Missouri. even included in this measure. automobile interests, the Big Three, The PRESIDING OFFICER. The Sen- We have seen advertisements sug- ator from Missouri has 10 seconds. gesting that people will have to farm people who work there—not the safety people, not consumers, not the environ- Mr. BOND. Mr. President, I thank the with a subcompact car. How insulting Senator from Michigan. It is not fair to is that to the intelligence of Ameri- mental interests of the country. Generally speaking, this is a pattern say there are no safety standards. The cans, who know they want more effi- of delay and obfuscation. We will have Levin-Bond amendment requires safety cient cars? This doesn’t even cover an opportunity after this vote to vote be considered in setting the standards. tractors. It doesn’t even cover the on the Kerry-McCain alternative that There will be standards. basic trucks, the large trucks in the reduces the level even further. I ask I have just come from a press con- country. my colleagues to remember that there ference with Diane Steed, former This is the most extraordinary ex- is no CAFE requirement at all in Bond- NHTSA Director, speaking on behalf of penditure of money in phony advertise- Levin. We will have no standard what- the National Safety Council. The Na- ments to scare the American people soever. We will have years of lawsuits tional Safety Council is extremely con- that I have ever seen here—perhaps and years of delay. It is one more step cerned about the Kerry proposal and since the tobacco debate. Here is the in Detroit’s effort to prevent us from its likelihood to kill more people. truth. This is Ford Motor Company’s having an opportunity to have cars Therefore, I urge support of the Levin- own advertisement. They advertise an that are competitive and meet the Bond amendment. SUV—a vehicle that gives you all the needs of the future. I ask unanimous consent that Sen- room and power you want but uses half I retain the remainder of the time. ator VOINOVICH be added as a cospon- the gasoline. That is the Ford Motor The PRESIDING OFFICER (Mr. sor. Company advertisement that stands as REED). Who yields time? The PRESIDING OFFICER. Without a stark contrast to these extraor- Mr. LEVIN. Mr. President, how much objection, it is so ordered. dinary, ridiculous scare tactics. time remains in support of the amend- All time has expired. The question is My colleagues have been told that if ment? on agreeing to amendment No. 2997. we raise the CAFE standards, that will The PRESIDING OFFICER. The Sen- Mr. LEVIN. I ask for the yeas and harm safety. Let me read from the ator from Michigan controls 2 minutes nays. Chairman of the National Academy of and 1 second, and the time of the Sen- The PRESIDING OFFICER. Is there a Sciences, from March 10 of this year. ator from Massachusetts has expired. sufficient second? Paul Portney says: Mr. LEVIN. I yield 30 seconds to Sen- There appears to be a sufficient sec- This proposal of ours is roughly consistent ator STABENOW. ond. with what the academy identified as being The PRESIDING OFFICER. The Sen- Mr. LEVIN. Did the Chair add Sen- technologically possible, economically af- ator from Michigan. ator VOINOVICH as a cosponsor? fordable, and consistent with the desire of Ms. STABENOW. Mr. President, this consumers for safety. The PRESIDING OFFICER. The is not about the Ford Escape. We are Chair did. What safety organization in America pleased the auto industry is moving The clerk will call the roll. supports the Bond-Levin proposal? Not forward. The CAFE number does not The legislative clerk called the roll. one. Not the major safety organization, reflect the fuel economy improvements The PRESIDING OFFICER. Are there the Public Citizen Center for Auto of one particular vehicle. It is a fleet any other Senators in the Chamber de- Safety; they support what we are try- average. GM has from 2000 to 2001 im- siring to vote? ing to accomplish. The reason they proved fuel efficiency for eight dif- The result was announced—yeas 62, support it is that there are no safety ferent vehicles, and their CAFE num- nays 38, as follows: provisions whatsoever in the Bond- ber did not change. [Rollcall Vote No. 47 Leg.] Levin proposal. In our proposal, there It is a system that does not work. It is, however, an ability to live up to the is crazy. It is discriminatory against YEAS—62 safety standards. the American auto industry. I encour- Allard Bond Byrd Allen Breaux Campbell You have heard the National Acad- age a vote for this amendment. Baucus Brownback Carnahan emy of Sciences report distorted again The PRESIDING OFFICER. Who Bayh Bunning Carper and again. The update of that report, yields time? Bennett Burns Cleland

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1828 CONGRESSIONAL RECORD — SENATE March 13, 2002 Cochran Helms Nelson (NE) Secretary for the administration of this Mr. REID. Mr. President, under the Conrad Hutchinson Nickles chapter, as in effect on January 1, 2002, ex- authority of Senator DASCHLE, I yield 5 Craig Hutchison Roberts cept that such term shall also include any Crapo Inhofe additional minutes to Senator BINGA- Santorum additional vehicle that the Secretary defines DeWine Johnson MAN in opposition to this amendment. Sessions as a pickup truck in regulations prescribed Domenici Kohl Shelby for the administration of this chapter after That will be a total of 6 minutes. Dorgan Kyl Smith (NH) The PRESIDING OFFICER. Is there Ensign Landrieu Specter such date.’’. Enzi Levin objection? The Senator from Texas. Stabenow Mr. MILLER. Mr. President, I rise to Feingold Lincoln Stevens Mr. GRAMM. Mr. President, I do not Fitzgerald Lott urge my colleagues to vote in favor of Thomas object. I think I have 5 minutes re- Frist Lugar the Miller-Gramm-Hutchinson of Ar- Gramm McConnell Thompson kansas amendment to protect pickup served to speak on the amendment. Thurmond The PRESIDING OFFICER. The Sen- Grassley Mikulski trucks. Hagel Miller Voinovich ator has 5 minutes. Is there objection Hatch Murkowski Warner Our amendment is very simple. In fact, I cannot remember seeing a more to the unanimous consent request? NAYS—38 simple amendment ever offered on the Without objection, it is so ordered. Akaka Edwards Murray floor of the Senate. It is easy for all of The Senator from Texas. Biden Feinstein Nelson (FL) Mr. GRAMM. Mr. President, first of you to understand. And I will tell you Bingaman Graham Reed all, I congratulate my dear colleague something else that is important, it is Boxer Gregg Reid from Georgia. I thank him for his lead- Cantwell Harkin Rockefeller easy for the folks back home to under- ership on this issue. I say to him I am Chafee Hollings Sarbanes stand. Clinton Inouye Schumer Pickups are now required to meet a very happy again to be married up to- Collins Jeffords Smith (OR) gether, promoting the interests of the Corzine Kennedy standard of 20.7 miles per gallon. This Snowe Daschle Kerry people who do the work and pay the Torricelli amendment simply says that standard Dayton Leahy taxes and pull the wagon in America. Wellstone cannot be increased. The only thing Dodd Lieberman If you want to know how far out of Durbin McCain Wyden greater than its simplicity is its fair- ness. We absolutely should not impose touch with reality this Congress is, all The amendment (No. 2997) was agreed an undue safety risk and extra cost of you have to do is look at this CAFE to. higher CAFE standards on our farmers standard debate. The American people Mr. REID. Mr. President, I move to or on our rural families or on our car- want to be safe in their cars and reconsider the vote. penters, plumbers, painters, elec- trucks, and they have work to do. It is Mr. INHOFE. I move to lay that mo- tricians—those small businesses that not uncommon in my State for people tion on the table. rely so heavily on the pickup that to get up in Corsicana at 4:30 in the The motion to lay on the table was keeps our Nation moving. morning, get in their pickup, drive to agreed to. These are the hard-working people Dallas, work all day and work that The PRESIDING OFFICER. Under with calloused hands who build our pickup all day until 6 or 7 o’clock at the previous order, the Senator from homes and work our farms. They are night and then drive that pickup back Georgia is to be recognized to offer an the forgotten Americans who work to Corsicana. Every morning in small amendment on which there will be 10 from dawn to dark and then turn on towns all over this country, people who minutes of debate. the headlights of their pickup so they work for a living and get their hands The Senator from Georgia. can see to work another hour. dirty in the process use their pickups AMENDMENT NO. 2998 They never ask us for anything they for transportation and to make a liv- Mr. MILLER. Mr. President, I call up have not earned. All too often in this ing. There are not good substitutes. an amendment at the desk. great citadel of the people we turn our Our colleagues tell us: Oh, there are The PRESIDING OFFICER. The backs on these folks. They have no lob- substitutes. We can have a substitute clerk will report. byists. They don’t have a single one; for the pickup. You don’t need that big The legislative clerk read as follows: pickup pops are not organized. No soft Dodge. You don’t need that Chevrolet. The Senator from Georgia [Mr. MILLER], money comes from them, and not much You don’t need that Ford. You don’t for himself, Mr. GRAMM, and Mr. HUTCH- hard money. They are too busy work- need that Toyota pickup. They have an INSON, proposes an amendment numbered ing. As the pickup goes, so goes the alternative. But they don’t live in 2998. very heart and muscle of this great Mexia. They don’t carry around tools. Mr. MILLER. I ask unanimous con- country. They are not hauling lumber. They are sent the reading of the amendment be If you apply higher CAFE standards not getting their hands dirty working dispensed with. to pickups, you will make them for a living, and they are totally and The PRESIDING OFFICER. Without unaffordable for some and you will absolutely out of touch with the people objection, it is so ordered. make them unsafe for all. A ‘‘yes’’ vote who do the work in this country. Our The amendment is as follows: is a vote for the working man. A ‘‘yes’’ amendment simply says: Leave pickup (Purpose: To prohibit the increase of the av- vote is a vote for rural America. A trucks alone. erage fuel economy standard for pickup ‘‘no’’ vote is a vote against the work- Try as I may to understand people trucks) ing man. A ‘‘no’’ vote is a vote against who have a different mindset than I On page 177, before line 1, insert the fol- rural America. do—and I know many of my views are lowing: In 1 year alone, the year before last, hopelessly out of fashion—but try as I SEC. 811. AVERAGE FUEL ECONOMY STANDARDS working people in this country bought do to understand it, sometimes I can- FOR PICKUP TRUCKS. 3,180,000 pickup trucks in 29 of our not. We will impose billions of dollars (a) IN GENERAL.—Section 32902(a) of title States. Pickups account for between 20 of cost on little towns to try to change 49, United States Code, is amended— percent and 37.4 percent of all reg- arsenic standards for drinking water (1) by inserting ‘‘(1)’’ after the after ‘‘AUTO- istered vehicles. Folks across this based on a projection of a very small MOBILES.—’’; and effect on the health and lives of Ameri- (2) by adding at the end the following new country buy pickups, not just because paragraph: they are affordable and not just be- cans. But, yet, when the National ‘‘(2) The average fuel economy standard for cause they are safe. They also buy Academy of Sciences, the most pres- pickup trucks manufactured by a manufac- them because they have to have them. tigious scientific body on the face of turer in a model year after model year 2004 They have to have them to do their the Earth, concludes that the existing shall be no higher than 20.7 miles per gallon. work. Pickups are as essential to the CAFE standards may be costing as No average fuel economy standard prescribed carpenter as his hammer; as essential many as 3,600 lives a year—we are not under another provision of this section shall talking about the new standards, we apply to pickup trucks.’’. to the painter as his paintbrush. So we must leave this American are talking about the old standards— (b) DEFINITION OF PICKUP TRUCK.—Section 32901(a) of such title is amended by adding at workhorse, the pickup truck, alone. the people who go absolutely ballistic the end the following new paragraph: Don’t pick on the pickup. over these little towns are nowhere to ‘‘(17) ‘pickup truck’ has the meaning given The PRESIDING OFFICER. Who be seen. If Fallon, NV, has arsenic in that term in regulations prescribed by the yields time? The Senator from Nevada. its drinking water, and if the mayor

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1829 and his children and grandchildren ficient pickups—there is nothing in go in to fill up, they are going to be have been drinking it for years with no this amendment that would prevent paying more because of this amend- appreciable effect or no effect, we have that. The reality is a pickup is a heavy ment, if it is agreed to. no doubt in our mind about imposing piece of equipment that is designed to I urge my colleagues to oppose the those costs because we are so con- do a job. We should support the amend- amendment. cerned about an effect on people. Yet, ment of the Senator from Georgia. I yield the remainder of our time to when hundreds of times as many people The PRESIDING OFFICER. Who the Senator from Illinois. are killed by these CAFE standards, we yields time? The PRESIDING OFFICER. The Sen- act as if that is all right because fuel Mr. BINGAMAN. Mr. President, how ator from Illinois. efficiency is a good goal. much time do we have in opposition? Mr. DURBIN. Mr. President, I ask to I don’t know a better goal than to The PRESIDING OFFICER. The Sen- be recognized for 2 minutes, and then have people drive pickups. I don’t know ator from New Mexico has 6 minutes. yield 1 minute to Senator LEVIN from any more reliable Americans than Mr. BINGAMAN. Mr. President, I Michigan. Mr. President, I rise in opposition to those who drive pickups. I don’t know yield myself 3 minutes, and then I will this amendment. With the last vote, we people who more deserve good govern- yield 3 minutes to the Senator from Il- threw in the towel on fuel efficiency. ment than people who drive pickups. linois. We said this Congress is incapable of So this amendment is critically impor- Let me put this in perspective. We requiring the automobile manufactur- tant. just had an amendment agreed to on ers to make a more fuel-efficient car so Finally, if anybody cares about the the Senate floor which essentially says that America could have energy secu- automobile industry, let me remind my that we in the Congress are not going rity and energy independence. We gave colleagues that we are trying to get to specify what the corporate average up on it. We turned it over to NHTSA out of a slowdown, a minor recession. fuel efficiency or economy number and said: Study it, look at it, and we We have just had the administration ought to be; that it ought to be left up will get back to you. impose tariffs up to 30 percent on steel to NHTSA, the National Highway Traf- fic Safety Administration, to make Now, with this amendment, we are and while many Members of Congress saying we are going to exempt pickup support that, I do not. This action those decisions. The Republican leader came to the trucks forever and that 20.7 miles a means money will be taken right out of gallon is all we will ever ask of them. the profit margin of American auto- floor and said we should do this be- cause clearly we need to be sure that We will not ask Detroit to make a mobile producers because the Germans pickup truck that is more fuel effi- and the Japanese are not going to pay the decision is made on the basis of sound science and solid data. Those cient. And the argument has been made these higher prices for steel. that it is unfair, that it is unpatriotic, If we come in now with these new were the two phrases he kept using— that it is impossible to ask the drivers CAFE standards on big-selling items sound science and solid data. of pickup trucks across America to ask such as pickups, this will further hurt The Senator from Michigan contin- for a more fuel-efficient vehicle—even 1 automobile manufacturers and their ually referred to the fact that we should not adopt some arbitrary num- more mile per gallon. workers. In my State, pickups are the Let me tell you what is also unfair. largest selling vehicles. If you take ber; that is totally contrary to com- mon sense. Now we have an amend- It is unfair to ask the men and women trucks in general, trucks in general in uniform in the United States to risk outsell cars in Texas. My guess is that ment by my good friend the Senator from Georgia which says let us make it their lives in a war in the Middle East is true in most of your States. to fight to preserve more imported fuel I urge my colleagues to vote for this permanent law—that beginning 2 years from now with model year 2004 and to fuel these vehicles on the highways. bipartisan effort on behalf of people These hard-working farmers and ranch- who drive and use pickups—people who after, for all pickups, it is prohibited for NHTSA or anyone else to impose a ers and blue-collar men and women do the work and make America work, who drive these pickup trucks have and who deserve to be represented on fuel efficiency standard in excess of what has been the standard for many kids who may be forced to serve in the the floor of the Senate. I am proud that military to fight a war because of our Senator MILLER has seen the day that years, 20.7 miles per gallon. The last amendment said that dependence on Middle East oil. they are represented. With the last vote, we bowed down to NHTSA would make the decision. This Mr. MURKOWSKI. Mr. President, the special interests on fuel efficiency. amendment takes that away and says how much time remains for the pro- And I want to tell you that as a result we are making the decision. It will be ponents? of it, we are going to continue to bow 20.7 miles per gallon on pickups start- The PRESIDING OFFICER. There is down to OPEC for decades to come. ing in 2004, and from then on it is per- no additional time except for the time That is not in the best interests of peo- manent law. I don’t think we can have remaining to the Senator from Geor- ple who drive cars and pickup trucks in it both ways. If we know best, then gia, who has 41 seconds remaining. America. Who yields time? fine, we shouldn’t have adopted the The PRESIDING OFFICER. Who Mr. MILLER. Mr. President, I yield last amendment. If NHTSA knows best, yields time? 41 seconds to the Senator from Alaska. then we shouldn’t adopt this amend- Mr. BINGAMAN. Mr. President, I Mr. MURKOWSKI. Mr. President, I ment. yield the remainder of our time to the thank my good friend from Georgia. I understand where the votes are. I Senator from Michigan. For those of you who have ever driv- understand that everyone wants to Mr. LEVIN. Mr. President, how much en a pickup and gotten stuck in the wrap themselves in the flag of the pick- time remains? snow, you need a four-wheel-drive pick- up pops and indicate that they don’t The PRESIDING OFFICER. One up to get out. We would not have been want to pick on pickups. I understand minute fifteen seconds. able to develop the Trans-Alaska Pipe- all that rhetoric. Mr. LEVIN. I will split that time line without the U.S.-made pickup. It I have a lot of pickups in my State. evenly with my colleague from Michi- has the heavy undercarriage that can But I don’t see why people who drive gan. stand the gravel roads. The Senator pickups should be required to be buy- Mr. President, we have decided to from Texas is quite correct. The rest of ing vehicles that are less fuel efficient refer to NHTSA for the next 15 months the country lives on the pickup, and than the rest of the population. The the complicated question of whether or the transportation is used as part of truth is these people who work so hard not we ought to increase CAFE on your toolbag. You get your tools in it, and have callused hands and are driv- what vehicles and by what amounts. you go out to work, and you get a job ing pickups don’t want to have to pay This amendment runs contrary to what done. There is simply no other way you more at the gas pump than anyone we just agreed to. are going to accomplish this. else. And this amendment essentially I could not disagree more with our I think the Senator from Georgia in will ensure that they have to pay more friend from Illinois when he says we his reference to what is in this amend- from now on. They may get a very fuel- threw in the towel in terms of increas- ment—automakers make more fuel-ef- inefficient pickup, but every time they ing CAFE with this last amendment.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1830 CONGRESSIONAL RECORD — SENATE March 13, 2002 That was my amendment. We specifi- The motion to lay on the table was where America is saving oil, where we cally said we are going to increase it, agreed to. are not importing oil from abroad to a but we are going to do it in a rational The PRESIDING OFFICER. The Sen- greater degree. and responsible way, considering all ator from Massachusetts is recognized. Senator MCCAIN has worked dili- the criteria which should be consid- AMENDMENT NO. 2999 gently with a group of Senators on ered. We should not adopt the standard Mr. KERRY. Mr. President, I have an both sides of the aisle—Senator SNOWE, on this floor. The Miller amendment, I amendment at the desk. Senator COLLINS, Senator GORDON am afraid, does that for one particular The PRESIDING OFFICER. The SMITH, and Senator CHAFEE, and Sen- type of vehicle. clerk will report. ators on our side, such as Senators The PRESIDING OFFICER. The Sen- The assistant legislative clerk read HOLLINGS and FEINSTEIN—to come up ator from Michigan. as follows: with an agreement on a different ap- Ms. STABENOW. Mr. President, I The Senator from Massachusetts [Mr. proach on CAFE. It is an approach that rise to oppose this amendment. KERRY], for himself and Mr. MCCAIN, pro- embraces the concept of credit trading, CAFE relates to fleet-wide averages. poses an amendment numbered 2999. so that you soften, reduce signifi- If we take out pickup trucks, we put Mr. KERRY. Mr. President, I ask cantly, the pressure on an automobile more pressure on fuel efficiency stand- unanimous consent that further read- company to meet the higher standard ards for SUVs and minivans. I hope we ing of the amendment be dispensed of, say, the 36 miles or 35 miles—or will instead use the last amendment as with. whatever it might be—by allowing that the way that we will approach vehicle The PRESIDING OFFICER. Without company to purchase credits from a fuel efficiency and that we will not pit objection, it is so ordered. greenhouse-gas-producing entity of our farmers against our soccer moms. (The text of the amendment is print- some kind in the United States. The PRESIDING OFFICER. The Sen- ed in today’s RECORD under ‘‘Amend- What you get from this is a two-fer: ator from North Carolina. ments Submitted.’’) You get the reduction in greenhouse Mr. HELMS. Mr. President, I ask Mr. KERRY. On behalf of Senator gases, and you also get the incentive unanimous consent that I be made a MCCAIN and myself, I ask unanimous for companies to move forward, meet- cosponsor of this amendment. consent that the amendment be tempo- ing a higher standard of fuel efficiency. The PRESIDING OFFICER. Without rarily set aside. I hope NHTSA—now that the Senate objection, it is so ordered. The PRESIDING OFFICER. Without has voted, it is my hope; and I am sure The PRESIDING OFFICER. All time objection, it is so ordered. Senator MCCAIN joins me—that this has expired. Mr. KERRY. Mr. President, I want to will be a concept maybe they will em- The question is on agreeing to the speak for a few moments about where brace as they consider how we might Miller amendment, No. 2998. we now find ourselves. I was talking come back to more effectively imple- Mr. MILLER. Mr. President, I ask for with the distinguished Senator from ment the standard. the yeas and nays. Michigan, who won a significant vote What has happened here in the Sen- The PRESIDING OFFICER. Is there a by the Senate a little while ago with ate is the result, to a large degree, of sufficient second? respect to, instead of having the Sen- There is a sufficient second. an extraordinary process of distortion The clerk will call the roll. ate set a standard, sending the CAFE over the course of the last days, where The assistant legislative clerk called standard to NHTSA and asking NHTSA huge sums of money have been spent the roll. to do so within a specified period of by an industry that has a lot of money, The result was announced—yeas 56, time. I understand the dynamics, but and rather than putting the money nays 44, as follows: may I say there is an incredible schizo- into fuel efficiency, they put it into ad- [Rollcall Vote No. 48 Leg.] phrenia in what the Senate has done in vertising to maintain the status quo. It YEAS—56 these two votes, because on the one is ironic. hand the minority leader and many of Mr. MCCAIN. If the Senator will Allard Dorgan McConnell Allen Edwards Miller our colleagues came to the floor to yield on that point, isn’t it particu- Baucus Enzi Murkowski argue that the Senate doesn’t have the larly entertaining to hear the com- Bennett Frist Nelson (NE) ability—we don’t have the science, the ments about the drivers of pickup Breaux Gramm Nickles information, and we don’t have enough Brownback Grassley trucks and how important it is for Roberts capacity to make a determination those good citizens—hard-working, Bunning Hagel Rockefeller Burns Harkin Santorum about how the overall fleet ought to be poor citizens who drive the pickup Byrd Hatch Sessions determined. Then, of course, with the trucks, not a penny of theirs pays for Campbell Helms Shelby Carnahan Hutchinson amendment of the occupant of the these advertisements that have dis- Smith (NH) Cleland Hutchison chair, the Senate decided all of that torted this issue so badly. Cochran Inhofe Smith (OR) Wouldn’t it have been more fair in Stevens goes out the window; we do that by ex- Conrad Johnson empting pickup trucks. the debate to talk about who is paying Craig Kyl Thomas Crapo Landrieu Thompson I sympathize with the occupant of for all the advertising attacking you Daschle Lincoln Thurmond the chair that pickup trucks ought to and me and anybody who wanted to in- DeWine Lott Voinovich be treated differently. I am not arguing crease CAFE standards? I don’t think a Domenici Lugar Warner about that. Clearly, they are a main- single pickup truck owner paid for NAYS—44 stay to a huge amount of economic ac- those ads. We know who it is. It is the Akaka Ensign McCain tivity and people who contribute very automobile manufacturers. Isn’t it the Bayh Feingold Mikulski significantly to the fabric of this coun- automobile manufacturers who have Biden Feinstein Murray try. But it is completely contrarian to resisted every single change in safety Bingaman Fitzgerald Nelson (FL) Bond Graham Reed say we are going to have NHTSA try to or efficiency over the last 40 years in Boxer Gregg Reid evaluate this and, on the next vote, we the United States of America? Isn’t it Cantwell Hollings Sarbanes have exempted 20 percent of the avail- true that to drag out a picture of an Carper Inouye Schumer Chafee Jeffords able fleet, so that now, whatever fuel automobile called the ‘‘purple people Snowe Clinton Kennedy Specter savings we have left to gain have to eater’’ and somehow infer that that Collins Kerry Stabenow come out of the rest of the fleet—either would be an automobile that the Amer- Corzine Kohl Dayton Leahy Torricelli passenger cars, SUVs, or others—if it is ican people would be forced to drive, if Dodd Levin Wellstone decided that any savings are going to we increased CAFE standards, has Durbin Lieberman Wyden come at all. trivialized this entire debate? The amendment (No. 2998) was agreed Now, just today, some polls were re- I have to tell my friend from Massa- to. leased that showed that 88.9 percent of chusetts that I have been engaged in Mr. REID. Mr. President, I move to Americans believe we are better off debates on the floor of the Senate now reconsider the vote. trying to raise the fuel efficiency of for quite a few years, as has the Sen- Mr. BINGAMAN. I move to lay that our automobiles, and they would like ator from Massachusetts. I haven’t motion on the table. to see CAFE standards be at a level quite seen the trivialization of a debate

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1831 in the manner with which this one was study, funded by the National Institute of to meet health-based air quality goals. when they dragged out pictures of lit- Environmental Health Sciences— Ten percent of new vehicles produced tle European cars. Frankly, the Euro- Not an automobile manufacturer— in 2003 have to be zero emission vehi- peans buy those cars because they is compelling because of its breadth. Re- cles. As of 1990, other States may adopt don’t have parking spaces in the major searchers followed half a million people the California program as their own cities in Europe. I suggest that perhaps across the country for over two decades. No, but are otherwise prohibited from set- the occupant of the chair might go to it is not just desert dust. The most dan- ting their own emissions standards. Germany and get on the autobahn gerous particles are much smaller, 2.5 mi- The State of California has listed crons or less, so tiny that it takes at least 28 sometime. He will see some pretty big to equal the diameter of a human hair. These over 40 chemicals in diesel exhaust as automobiles traveling at very high ultrasmall particles which wreak havoc by toxic air contaminants. Numerous rates of speed. If we had the little ‘‘pur- penetrating deep into the lungs come from studies have linked diesel exhaust with ple people eater,’’ maybe we ought to combustion. cancer, bronchitis, asthma, and other have shown the Porsches and the Mer- Here in the valley, as elsewhere in the respiratory illnesses. cedes Benz, which are extremely pop- West, a big part of our particulate pollution It is very unfortunate that we are ular in Europe, as well. spews out of tailpipes. failing to address the severe health The other thing I ask of my colleague Long-term exposure to pollution in- care problems and direct threat to the that is a bit disturbing about this de- creases risk of lung cancer, according health of our citizens as we blithely be- bate is this: All these comments about to this study, by 8 percent. lieve the same old rhetoric from the the health of our citizens and the risks The study concludes air pollution automobile manufacturers of America to their lives and how this could be so puts individuals at greater risk for which were wrong in 1974, they were dangerous because we would have more heart attacks and lung cancer. Pollu- wrong in 1976, and they are wrong accidents, which by the way have been tion has been correlated to reproduc- today. At one time, they were against refuted by recent studies—— tive, musculoskeletal, respiratory, and seatbelts. At one time, they were Mr. KERRY. Mr. President, if I could gastrointestinal problems. It is of par- against airbags. At one time, they said interrupt, I need to go into the cloak- ticular concern to children and older the CAFE standards increase that Con- room for a moment. I will yield the people as their immune responses are gress had the courage to pass years ago floor and let my colleague continue to less capable of dealing with the would drive them out of business. The speak. stresses caused by pollutants. last time I checked, they were doing Mr. MCCAIN. I thank my colleague. I Arizona has the second highest rate pretty well. am sure he will be responding to the of asthma sufferers in the Nation. Ap- I regret this action on the part of the questions. proximately 300,000 Arizonans have Senate because I believe people will die Here we have a study from my home asthma. The 2002 report by the Journal unnecessarily over time as a result of State of Arizona, the ‘‘Governor’s of the American Medical Association, the action we have taken today. We Brown Cloud Summit,’’ a study re- says: will revisit this issue because the prob- leased January 16, 2002, concerning the Six hundred sixty-six premature deaths in lem in my State and America is get- very serious problem we have in the Arizona are from exposure to particulate ting worse rather than better. valley, where the city of Phoenix and matter. I thank my colleague from Massachu- surrounding cities are located. I hope This is serious business. This is not setts. I know he has been made famous colleagues will keep in mind that this pictures of little European cars. This is in newspaper and television advertise- is the same valley where, many years not comments about the great individ- ments all over America as being the ago, doctors recommended people to go uality of the pickup truck driver. This one who is bent on destroying Western and live if they had respiratory prob- is about life and death of children and civilization as we know it. I do extend lems. Part of the conclusions here are older people. That is what this argu- to him some sympathy. Some day we that: ment is about and, unfortunately, that will have a rational debate on this Microns, often referred to as PM 2.5, is a has not been part of this debate. It cer- issue, and we will bring the scientific significant cause of haze. Each particle, tainly could not have been part of this facts forward, as I tried to do through about the size of a single grain of flour, can debate that I know of. different studies conducted by the float in the atmosphere for days, behaving It is calculated that brown cloud ma- Journal of the American Medical Asso- much like a gas. Over half of the PM 2.5 is terial would be reduced by 1.8 metric ciation and the National Academy of caused by the burning of gasoline and diesel tons per day in 2010, if the use of clean Sciences, as to the threats to the fuel in vehicles, which are sometimes re- burning fuel was implemented. health of Americans that our failure to ferred to as on-road mobile vehicles. My State, Arizona, got an F, the address this issue presents. Then it says: worst rating on air quality, in 2001 Some day I am sure we will revisit PM 2.5, the prime cause of poor visibility from the American Lung Association. this issue, and I hope the debate is de- in the valley, also exacerbates health effects, Ninety percent of the workforce in my void of pictures of small cars that are such as asthma attacks and other heart and State drives to work. One in every 4.5 used in Europe as a threat to the lung problems that cause people the need to go to the hospitals and is consistently asso- cars is an SUV; 54 percent of the pas- American way of life, in which I know ciated with higher-than-average death rates. senger vehicles sold in Arizona qualify the Senator from Massachusetts and I Reducing the amount of PM 2.5 will make as light-duty trucks. I would be the would never engage. the view of more distant landmarks clearer last representative to try to take away Mr. President, I yield the floor. and reduce health effects. Improvements in an SUV from my family, my neighbors, The PRESIDING OFFICER. The Sen- visibility and health will be directly propor- or my constituents. ator from Massachusetts. tional to the amount of the emissions elimi- Phoenix received a D rating for the Mr. KERRY. Mr. President, I thank nated. amount of smog from cars and trucks the Senator from Arizona for his com- Recently there was an editorial in per person and an F for the amount ments. I know he has been the recipi- the Arizona Republic on March 9, 2002— spent on public transit versus high- ent of those kinds of comments pre- ‘‘New study reveals wider health ways per person. In Phoenix, we have 70 viously. He and I seem to find ourselves risks.’’ The title is ‘‘Legislature Must pounds of smog per person per year. In together on that occasionally. Attack Brown Cloud″: Pima County, vehicle emissions are re- I came to the Senate hoping I would We have always known the valley’s brown sponsible for up to 70 percent of area always find that this institution de- cloud is ugly and unhealthy. Now we know it air pollution, making them a prime bated facts and truth. Obviously, I am can be deadly. A new study indicates years of candidate for reduced emissions and not naive. I know there are some poli- breathing that haze of particulate pollution cleaner burning cars. tics; we all understand that. I am not will significantly raise a person’s risk of An increase in CAFE would reduce trying to suggest that is not part of it. dying of lung cancer and heart attack. For lung cancer, the risk is the same as living my State’s pollution by about 2.3 mil- But the level of Harry and Louise-ing with a cigarette smoker, according to a re- lion metric tons per year. The Cali- of this issue that we saw in the last port published this week in the Journal of fornia Air Resources Board established days is a commentary on money in the American Medical Association. The a zero emission vehicle program in 1990 American politics and how the agenda

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1832 CONGRESSIONAL RECORD — SENATE March 13, 2002 of the country gets distorted and the I know the Presiding Officer, the NHTSA has not been a fighting agency ways in which special interests and big Senator from Georgia, knows Stuart for change or for standards. That is money can mold an issue into a certain Eizenstat. I know the Presiding Officer why when Ronald Reagan came in and perspective completely devoid of some knows President Jimmy Carter very Congress was going to do standards, ev- of the reality. well. President Jimmy Carter sat in erybody said: Oh, NHTSA ought to do We saw a National Academy of front of the Big Three, and they came it. Do not let Congress do it. Sciences study used again and again in to him and said: When Bush 41 was President, they the most obviously distorted way. Peo- Mr. President, we cannot do this. You said: Oh, Congress should not do this. ple would read from the study which are going to put us out of business. NHTSA ought to do this. Then all of a referenced a 1993 analysis. Despite the Stuart Eizenstat testified to our com- sudden when President Clinton was in fact that analysis has been redone mittee that he sat in that meeting and office, and Congress was in the hands of since then, despite the fact there is a listened to the president of General the Republicans, the whole argument 2002 current year analysis, everybody Motors tell him it was impossible to flipped: Oh, we should not have NHTSA kept going back. meet the standards, but President Car- do this. We ought to have Congress do Let us go back to 1993 because that is ter himself, somebody who understood this. much more effective, even though it is technology, an engineer by training, Lo and behold, in 1995, the Congress not true. Across America, people were made a courageous decision that we prohibited the EPA from even evalu- told they might have to farm with a had to move forward. That courageous ating what the impact might be of rais- compact car. I know the Chair does not decision to move forward saved mil- ing the CAFE standards. believe that. People are not going to be lions of barrels of oil—billions by now. There is a history, a history of delay, farming with compact cars. Tractors It saved, many would say, the Amer- a history of resistance, a history of are not even under CAFE standards. As ican industry because it made them can’t-do, a history of we do not want to to the level of reasonableness of the competitive with the German and Jap- do, a history of this is going to kill us. standard that could have been found anese car that was increasingly gaining But when Congress had the courage to with respect to light trucks or pickups, market share because Americans want- stand up and raise the aspirations of it is beyond imagination we would not ed cars that were more efficient. Americans, guess what. The industry be willing to come to grips with what I I believe in the capacity of every met the standard and exceeded it. And think is a greater truth. UAW worker and every car manufac- guess what. We raised the numbers of Those most concerned with safety in turer in America to build a car that is workers in Detroit up to about 1 mil- America, those entities that consist- competitive with any car in the world. lion in the year 1999, the highest level ently earn a reputation coming to the I believe in the capacity of American it had been for a number of years. Senate with studies and analyses upon ingenuity and technology. I believe in When I hear my colleagues say, which all of our colleagues depend—the our entrepreneurial spirit. ‘‘What about jobs,’’ I do not think it is Center for Auto Safety, Public Citizen, Today, we turned our backs on some- Toyota and Honda that moved to Mex- people who have a reputation of rep- thing President Kennedy did in the ico. The last measurement I had, it was resenting the consumer—were against 1960s when he said we could go to the the Big Three that had moved some what the Senate did. Not one safety or- moon in 10 years. He did not know for plants to Mexico. Honda and Toyota ganization in America supported what certain we could get there, but he set a are building plants in the United was adopted. States of America, and they are in- I have learned to take my losses, and goal, and America met the goal. We could have, today, set a goal for creasingly building engines and auto- we are all going to live to fight another America. We could have said we are mobiles in our country and grabbing day. This issue is going to come back, going to reduce the threat that our market share. I am absolutely convinced about that. kids may have to go to another coun- Maybe the competition of the mar- We are going to face it. ketplace will spur some of these enti- I saw that the price of gas went up try to defend our gluttony on oil by be- ties on but history has shown—look at about 5 or 6 cents at the pump in the coming more efficient. We could have, Enron. There is an example. If ever we Washington area in the last couple of today, had an opportunity to set a have learned in recent days what Presi- days. I remember when I was going to standard that would have pushed the dent Teddy Roosevelt taught us when law school what it was like to study technology curve so America could be he had the courage, coming from his my torts and contracts sitting for an the country that sells the cars of the hour and a half in a line waiting to get future, all over the world, that are party, to stand up against trusts in gasoline, and I wished I had a car that more efficient, more effective, and America, we learned of the unfettered, did not require me to go into that line safer. completely unrestrained, absolutely as frequently as it did so I could get to I misspoke earlier when I said some- unregulated appetite of most busi- school and back on one tank of gas thing about the Senator from Michi- nesses. We have found countless exam- more frequently. gan. I want to clarify it. I told him ples of abuses where sometimes some- In Europe, people are driving cars about it, and it was purely one is needed to act as a referee, to act that get 60 and 70 miles per gallon, and misspeaking. I said his bill would wipe as a standard bearer. I believe that the question is pregnant here in Amer- out the safety standards. I did not someone should have been the Con- ica: Why aren’t we? mean the safety standards of CAFE gress. It has not been, and it obviously There is a new poll that came out that are in existence today. I meant it will not be. So my hope is that as we yesterday. It shows 88 percent of Amer- would wipe out the underlying safety go down the road, people will think icans want cars that are more efficient. standards in our bill. That, it did. hard about the gains that were lost I believe even those who drive pickups We had a safety standard that would today. and light trucks all across America have provided a rollover standard for This is not the long-term solution for would like a truck that is more effi- SUVs. Every year we lose 10,000 Ameri- our country. I understand that. The cient. They pay their gas bill. They cans who are killed in rollover acci- long-term solution for our country is have to pay for the same costs as ev- dents in SUVs. SUVs are built with a to be independent of oil, but 70 percent erybody else. It would be a lot more ef- very fragile roof. I think the roof of the oil we consume in America is ficient if they could have some of that weighs about 75 pounds, something in consumed in transportation. If we are new technology. that vicinity. When the heavy SUV going to reduce foreign dependence, we In my judgment, we missed—it is my rolls over, people are crushed and have only two choices: We either judgment, and I could be wrong, as ev- killed. That could be prevented. produce it in America or we reduce our erybody knows—an opportunity to help The safety people who supported our dependency abroad. Since oil is the make America more competitive, to bill suggested we should have had that principal dependency, we cannot solve help save money for our consumers, standard in this legislation. That has the problem when we only have 3 per- and to beat back what has been a prov- now been wiped out. cent of the world’s oil reserves but we en reluctance by an industry for years. The reason this is so important is use 25 percent of those reserves every This is not a matter of conjecture. that there is a history. People know year. The math is simple. Every child

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1833 in school can do the math. If the cent when I came back to the United ought to do and can do well. One is sig- United States is using 25 percent of the States at the end of the Vietnam war. nificant investments of Federal dollars oil, and we only own 3 percent of the By the mid-1970s, we did not have in research and development, for fuel oil reserves, either find the oil some- much of a trade deficit. Today we have cells, for hybrid technology, including where else or find an alternative to oil. a trade deficit of $300 billion a year. A diesel hybrid technology. We cannot drill out of this predica- good deal of that is oil. Roughly a lit- The Levin amendment acknowledges ment; we have to invent our way out. tle more than half of the oil we con- there is a responsibility, and a good op- One of the ways to have invented our sume, we consume with cars, trucks, portunity, a responsibility for the Fed- way out of it would have been to have and vans we drive. To pass from the eral Government to help commercialize adopted a standard that pushed the Senate and send to conference with the the new technologies in fuel efficiency, technology curve so our industry would House energy legislation that does not vehicle efficiency that are coming suddenly become the world’s leader, as make meaningful, measurable steps to- along. The Federal Government has the we were in alternatives and renewables ward reducing the amount of oil we use opportunity to use its purchasing and photovoltaics in the late 1970s, for our cars, trucks, and vans is short- power to buy large numbers of cars, when we made a similar effort to adopt sighted and a mistake. trucks, vans, jeeps, SUVs, trucks, those technologies. A month ago I had an opportunity to semitrucks, others that are more fuel I am proud we were fighting for this. participate in a meeting convened by efficient. We should do that in the I will stand up anywhere in this coun- our majority leader, Senator DASCHLE. military and on the civilian side and try and defend the rectitude of what we At that meeting were Senator LEVIN, use our purchasing power to help com- attempted to do and decry the lies that Senator STABENOW, Senator KERRY, mercialize the new technologies. suggest everybody in America has to Senator CARNAHAN, myself, and others. Another role for the Federal Govern- get into some little purple people We were at the behest of our majority ment is with respect to tax policy. If eater, when Ford Motor Company itself leader to see if we might try to find we want producers of vehicles to is promoting an SUV with all the middle ground between the approach produce more fuel-efficient vehicles, we power you want, and all the room you Senator KERRY wanted to take on need to include a tax incentive. The want, and it uses half the gasoline. CAFE standards and the approach of Levin approach provides that. There it is, the car of the future, Senator LEVIN. Similarly, if we want to make sure from Ford Motor Company. There is I thought on that day and today I the vehicles that are energy efficient not a pickup truck, there is not an still believe there is a compromise, and are purchased by consumers, we need SUV, there is not a vehicle in America a good compromise, between what each to provide incentives for consumers to that cannot be driven this size. Look at proposed then and what each proposes buy. We do that under the Levin ap- our buses; look at our fleets. In Amer- to do today. At that early meeting I proach. ica today we are driving huge numbers laid out what I thought were five prin- The one element that is missing in of people in buses that are driven on ciples that should underlie any changes the approach of Senators LEVIN and compressed natural gas. We have alter- we make with respect to the fuel effi- BOND is the biggest hole in the amend- native vehicles. Fleets are being pur- ciency of our cars, trucks, and vans. I ment: We do not set a clear, measur- chased that way. mention those again. Senator MIKULSKI able objective. We can argue until the The Government has the opportunity alluded to them yesterday. No. 1, we cows come home about whether or not to set the standard, requiring that no need to reduce oil imports. That should we need to change CAFE, concerns of automobile is going to be bought for be an embodied principle. No. 2, we foreign and domestic production, are fleet use of the Government unless we should set clear, measurable objec- we fearful of exporting the building of are using hybrids and alternatives. We tives. No. 3, we should do our dead- small cars to other countries if we ap- could begin to create the demand for level best to preserve American jobs. proach this the wrong way. the marketplace. There are all kinds of No. 4, we should provide reasonable Maybe the debate should not be ways to try this, but it takes leader- leadtime to the auto industry for any about CAFE at all. Maybe the clear, ship. changes that are going to be coming. measurable objective we ought to de- Today I regret to say I don’t think No. 5, we need to think out the box. We bate is an objective that reduces oil the Senate offered that. I hope it will need to be innovative. imports, reduces the consumption of in the future. I have never been a big one for micro- oil by our cars, trucks, and vans. I yield the floor. managing. I urged Senator KERRY in The House of Representatives has The PRESIDING OFFICER. The Sen- his legislation to move away from the passed by a very narrow margin a ator from Delaware. idea that the Congress would set these flawed energy bill, flawed with respect Mr. CARPER. Mr. President, for 2 interim goals for fuel efficiency. It is to the measurable objective they set in weeks we have debated the comprehen- appropriate for Congress and the Sen- reducing consumption of oil. But at sive energy policy we should have for ate to set longtime goals for fuel effi- least they have a measurable objective. this country. Most Members and most ciency, be it CAFE or a reduction, a And their measurable objective, as I re- Americans agree we need to do two measurable, tangible reduction in oil call, is over roughly another 5 or 6 basic things: One, we need to create imports. I am not as comfortable for years to reduce by, I think, 5 billion more energy; two, we need to conserve the Congress setting interim goals. I gallons the amount of oil that we con- more energy. would have that delegated to an appro- sume. That is in their bill, with respect Throughout the legislation we are de- priate entity. to our light trucks, vans, SUVs. bating, there are a variety of ways we Earlier today we debated the Levin If we actually consider how many will create more energy: make natural amendment, for which I voted. I would miles per gallon that equates to, it gas more readily accessible from north- like to be able to vote for the Kerry says we are going to improve our fuel ern Alaska; create renewable energy; amendment not because I thought efficiency by maybe a mile or mile and more solar, wind, geothermal; inter- Levin was perfect, but there are a lot a half per gallon over roughly the next esting exploitation of biomass, of elements that are good. Not because half dozen years. That is not much. biofuels, soy diesel, among others. I think Kerry-McCain is perfect, but That is far too modest a goal and cer- On the conservation side, we are not there is a lot that is good. If you put it tainly far too modest a goal for the doing so well. On the conservation side, together, we would have a good pack- next dozen years. we need to do a whole lot better. The age. We are going to stay on this bill for Senator from Massachusetts has al- I mention a couple aspects of the a while longer. I wish very much we luded to how much oil we consume. We Levin amendment that I think are could vote for the Kerry-McCain consume a whole lot, given the size and helpful and ought to be in the final amendment because it has changed a population of our country, compared to package that hopefully will go to the whole lot from what was originally en- the rest of the world. Our oil imports President for his signature. The Levin visioned and, frankly, what has been account for roughly 60 percent of the amendment focuses on three or four originally put in this bill, and it has oil we consume. That is up from 30 per- major things that the Government been changed in ways that I think

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1834 CONGRESSIONAL RECORD — SENATE March 13, 2002 make sense. I thank them for the Dover earlier this week, I know some As Associate Deputy Secretary, Mr. changes, including ones I proposed, of the $20 I charged on my credit card Shane would be in charge of the Office that they have been willing to accept. to fill that tank is going to people of Intermodalism at DOT. Secretary Before we move off this bill, I hope around the world, or will end up in the Mineta proposed a reorganization plan we will come back to this thought; pockets of people in nations that do concerning DOT’s policy functions. It that while it is important that we pre- not like us very much anymore. They would ultimately broaden Mr. Shane’s serve jobs and while it is important don’t have our best interests in mind, responsibilities. that we provide reasonable lead time necessarily. In some cases, they will Under the proposal, the Deputy Sec- for the auto industry, and while it is use the resources we continue to ship retary positions would be retitled ‘‘Un- important that we think outside the overseas when we purchase the oil— dersecretary of Policy’’ and would box and invest in R&D and tax credits some of them are committed to using manage all aspects of transportation and commercialize the technologies the resources we give them against us, policy development within the Depart- that are coming along—those are all to hurt us and hurt our people here and ment of Transportation. In addition, things that are important to do—it is in other places around the world. We the Office of Intermodalism, the Office also important for us to reduce our re- should not continue to be so foolish as of Aviation and International Affairs, liance on foreign oil. to do that. and the Office of Transportation Policy For us, today, to think we are going Before we leave this bill and vote on would report to the Under Secretary to have to cram into these tiny little final passage next week, I believe we under this reorganization. cars like the purple people eater that need to come back and address the While this reorganization plan must was put on display by Senator LOTT issue of clear, measurable objectives be considered separately from the nom- earlier is just not the case. and make sure as we go to conference ination, at this point it is important We build Dodge Durangos in my with the House with respect to the use that Mr. Shane be permitted to carry State. They get about 17 miles per gal- of oil, consumption of oil in our cars, out his duties as soon as possible. He lon. If they introduce a gas hybrid en- trucks, and vans, that we have put in has extensive experience and expertise gine, they will increase their fuel effi- place some clear, measurable objec- that would be invaluable to the Depart- ciency next year by about 30 percent. tives that will reduce our reliance on ment. He has also served in several That is just next year, by 30 percent. that foreign oil. prominent positions at DOT and the There are ways we can use diesel hy- Mr. President, I suggest the absence State Department and has been con- brids to increase that 30 percent to of a quorum. firmed on several occasions by the Sen- something like 60 percent, if the diesel The PRESIDING OFFICER (Mrs. ate. hybrid is able to meet our require- CARNAHAN). The clerk will call the roll. I believe Mr. Shane is one of the most The senior assistant bill clerk pro- ments for tier 2 clean air standards, widely respected individuals in the ceeded to call the roll. particularly for nitrogen oxide and par- transportation community, particu- Mr. MCCAIN. Madam President, I ask ticulates. We can do these things and larly with respect to aviation issues. I unanimous consent that the order for have not always agreed with Mr. Shane we don’t have to sacrifice comfort, we the quorum call be rescinded. in the past, but I have always respected don’t have to sacrifice space, we don’t The PRESIDING OFFICER. Without his capability and his judgment. We have to sacrifice safety in order to objection, it is so ordered. should consider ourselves fortunate have the kind of vehicles people want f that such a qualified and distinguished to buy and want to drive and to be able individual wants to return to public to remove our country’s future from DEPARTMENT OF service when he could continue a much the hands of the folks who control so TRANSPORTATION NOMINATIONS more financially rewarding life in the much of the oil in the world. Mr. MCCAIN. Madam President, I private sector. It is inexcusable that My wife has a Ford Explorer. She come to the floor to discuss briefly the his and Mr. Frankel’s nominations likes it a lot. It doesn’t get very good qualifications of two individuals who have languished for nearly 3 months. gas mileage, but she likes it a lot. She have been nominated for essential posi- As Assistant Secretary for Transpor- likes the size and a lot of things about tions within the Department of Trans- tation Policy, Mr. Frankel would be it. Probably the next car she buys will portation. the chief domestic policy officer at the be a similar vehicle. I drive a Chrysler Mr. Jeffrey Shane has been nomi- Department of Transportation. In that Town and Country minivan. I like it a nated to be the Associate Deputy Sec- position, he would be responsible for lot, and with a young family, it meets retary for the Department of Transpor- the analysis, development, communica- our needs. I sure wish it got better gas tation, and Emil Frankel has been tion, and review of policies and plans mileage. I wish it got a lot better gas nominated to be Assistant Secretary of for domestic transportation issues. mileage. We can do those things. Transportation Policy. If there is anyone in this body who Senator KERRY mentioned—I will Last December, the Commerce Com- has not been to an airport recently, I just close with this—when John Ken- mittee held a hearing to consider both have to tell them, we certainly need all nedy was running for President in 1960, these nominees and reported them out the help we can get right now. On my he talked about a goal of putting a unanimously on December 19, 2001. We last trip back from Phoenix, I spent an man on the Moon, an American on the are approaching 3 months since they hour and a half standing in line in Moon by the end of that decade. Today, received committee approval. I think it order to get through security, which is that may not seem to be a very big un- is time for this Chamber to act on warranted, certainly, in these times. dertaking, but in 1960 it sure was. The these two qualified nominees. But we also need to modernize that idea we could take a man and put him These are very important positions. system as soon as possible. in a space suit, put him in a missile One is Associate Deputy Secretary for Since September 11, the Department and send him up to the Moon and let the Department of Transportation and of Transportation has been under tre- him walk on the Moon and turn around the other is the Assistant Secretary for mendous strain dealing with critical and fly back safely, the idea somebody Transportation Policy. aspects of interstate transportation as at the time could was almost incom- There is very little doubt, with all of it relates to national security. The De- prehensible. But he said we could do the issues surrounding post-September partment needs all the help it can get this as a nation; that we ought to do it 11 and our transportation security re- as it struggles with the new wartime before the end of the 1960s. And we did. quirements, the situations at our air- reality. It is our obligation to give the If we could do that as a nation four ports, et cetera, that we should be put- Department of Transportation every decades ago, we can build cars, trucks, ting qualified men and women who reasonable resource at this time. and vans that people want to buy and have been nominated without objection I am dismayed we continue to deny want to use in this country and at the into those offices. They are important the Department the benefit of these same time reduce our reliance on for- positions. The confirmations of Mr. nominees’ public service. Our inaction eign oil. Shane and Mr. Frankel have been sets a miserable example for others When I filled up the tank of my placed in limbo due to an unrelated who might consider devoting part of Chrysler Town and Country minivan in legislative matter. their lives to public service.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1835 If someone has a substantive problem I have been around here since 1987. I AMENDMENTS NOS. 3000 THROUGH 3006, EN BLOC, with either of these nominees, I want have never put a hold on a nomination. TO AMENDMENT NO. 2917 to hear about it. But as far as I am I have opposed nominees, and I have Mr. THOMAS. Madam President, I aware, their nominations are not con- opposed them on the floor and forced rise to send a series of amendments to troversial in any substantive way. I am votes on their nomination, but it is not the desk and ask for their immediate unaware of any legitimate reason for correct to hold these two good and de- consideration en bloc. not acting on these nominations today. cent Americans hostage for some other The PRESIDING OFFICER. Without I am informed that at least one Mem- agenda item. objection, it is so ordered. The clerk ber of this body is holding these nomi- So, Madam President, I intend to will report. nees because that Member believes he come back to the floor later this after- The legislative clerk read as follows: can best advance the cause of one mode noon, since there are those who have The Senator from Wyoming [Mr. THOMAS] of transportation security—in this put a hold on it, and ask unanimous for himself and others, proposes amendments case, Amtrak—by holding up their con- consent that these nominees be con- numbered 3000 through 3006, en bloc. firmations. I believe this is most unfor- firmed or, if need be, have a rollcall Mr. THOMAS. Madam President, I tunate and, in fact, a big mistake. vote. ask unanimous consent that reading of I support Senate passage of rail secu- I think it is time we move forward the amendments be dispensed with. rity legislation. In fact, I introduced with these nominations, as I have dis- The PRESIDING OFFICER. Without the first rail security measure last cussed at some length. objection, it is so ordered. year that would help address Amtrak Let’s not do this to these people. The amendments are as follows: safety and security funding needs. On They are not responsible for any fail- AMENDMENT NO. 3000 October 10, I introduced S. 1528, the ure or perceived lack of consideration Rail Transportation Safety and Secu- (Purpose: To clarify FERC merger, market- of any Senator. They are not even in based rate, and refund authority, and to rity Act, along with Senator GORDON the job. Let’s give them a chance to strike the transmission interconnection SMITH. I am also lead cosponsor of S. serve the country. provision) 1550, the Rail Security Act of 2001, in- Madam President, I yield the floor. On page 14, strike line 3 and all that fol- troduced by Senator HOLLINGS and my- The PRESIDING OFFICER. The Sen- lows through page 21, line 15, and insert the self on October 15, 2001. ator from New Mexico. following: S. 1550 would authorize $515 million f SEC. 202. ELECTRIC UTILITY MERGERS. for security and $989 million for ad- Section 203(a) of the Federal Power Act (16 dressing the tunnel life safety needs in NATIONAL LABORATORIES PART- U.S.C. 824b) is amended to read as follows: the Northeast. It was reported unani- NERSHIP IMPROVEMENT ACT OF ‘‘(a)(1) No public utility shall, without first mously by the Commerce Committee 2001—Continued having secured an order of the Commission on October 17 and is awaiting full ac- Mr. BINGAMAN. Madam President, authorizing it to do so— ‘‘(A) sell, lease, or otherwise dispose of the tion by the Senate. let me take a moment while there is a I urge the majority leader to sched- whole of its facilities subject to the jurisdic- lull in the proceedings to reiterate a tion of the Commission, or any part thereof ule floor time for us to consider S. 1550. request that I believe has been made by I understand a number of Members are of a value in excess of $10,000,000, both Democratic and Republican ‘‘(B) merge or consolidate, directly or indi- interested in offering additional secu- cloakrooms last night, to Senators on rectly, such facilities or any part thereof rity-related amendments to that meas- both sides of the aisle, and it is my with the facilities of any other person, by ure. I would also support allowing it to hope, as floor manager, along with Sen- any means whatsoever, pass by unanimous consent if such ‘‘(C) purchase, acquire, or take any secu- ator MURKOWSKI, that we can, at some agreement could be reached. It is an rity of any other public utility, or stage later this week, seek a finite list important bill not just for Amtrak but ‘‘(D) purchase, lease, or otherwise acquire of amendments that would be in order for addressing all rail security, both existing facilities for the generation of elec- on the bill. passenger and freight. tric energy unless such facilities will be used But to hold these two nominees hos- As all Members know, we have been exclusively for the sale of electric energy at retail. tage to somehow better position the on this bill now for all of last week; and so far this week, we have addressed ‘‘(2) No holding company in a holding com- passage of Amtrak security legislation pany system that includes a transmitting is not the best approach. After all, some significant issues. There are some other amendments that are being nego- utility or an electric utility company shall these positions are largely about secu- purchase, acquire, or take any security of, rity. We are holding up nominees who tiated and finalized, and we have been or, by any means whatsoever, directly or in- are good and qualified people because working with some Members on those. directly, merge or consolidate with a trans- they are being held hostage to some There are others that we just hear mitting utility, an electric utility company, other piece of legislation. That is about. There are rumors of amend- a gas utility company, or a holding company wrong. ments which we hear about. in a holding company system that includes a What is going to happen if we do not I think the majority leader is trying transmitting utility, an electric utility com- pany, or a gas utility company, without first move with these nominees? They will to get as much done as possible before we move to the issue of campaign fi- having secured an order of the Commission withdraw their candidacy. And this authorizing it to do so. also sends a very disturbing message to nance reform, which he is committed ‘‘(3) Upon application for such approval the others who are willing to serve this to move to later. Commission shall give reasonable notice in country. Usually when we find people I think our chances of completing ac- writing to the Governor and State commis- who are willing to serve in positions of tion on this energy bill would be dra- sion of each of the States in which the phys- responsibility, they make a financial matically improved if we could get a fi- ical property affected, or any part thereof, is sacrifice. It is just because we do not nite list of amendments to work situated, and to such other persons as it may compete salary-wise with the private through. deem advisable. So I once again encourage all Mem- ‘‘(4) After notice and opportunity for hear- sector. And that is entirely appro- ing, the Commission shall approve the pro- priate. bers to cooperate with the two cloak- posed disposition, consolidation, acquisition, But if these men and women are pre- rooms and give copies of their amend- or control, if it finds that the proposed sented with situations like this, where ments to those cloakrooms so that we transaction— two perfectly qualified nominees are can see them and can talk to Senators ‘‘(A) will be consistent with the public in- prevented from being confirmed by the about how to move ahead with those terest; Senate and have to wait months after amendments or with votes on those ‘‘(B) will not adversely affect the interests being unanimously reported out by the amendments, if those are necessary. of consumers of electric energy of any public committee of oversight, and not even I know there will be an amendment utility that is a party to the transaction or at some stage fairly soon by my friend is an associate company of any part to the given a hearing on the floor of the Sen- transaction; ate on their nomination, then, obvi- Senator THOMAS. If he is ready, I yield ‘‘(C) will not impair the ability of the Com- ously, we are going to have more and the floor. mission or any State commission having ju- more difficulty in getting qualified The PRESIDING OFFICER. The Sen- risdiction over any public utility that is a men and women to serve. ator from Wyoming. party to the transaction or an associate

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company of any party to the transaction to ‘‘OPEN ACCESS BY UNREGULATED TRANSMITTING sell and offers to buy wholesale electric en- protect the interests of consumers or the UTILITIES ergy in interstate commerce to provide sta- public; and ‘‘SEC. 211A. (1) Subject to section 212(h), tistical information about the amount and ‘‘(D) will not lead to cross-subsidization of the Commission may, by rule or order, re- sale price of sales of electric energy at associate companies or encumber any utility quire an unregulated transmitting utility to wholesale in interstate commerce it trans- assets for the benefit of an associate com- provide transmission services— acts. pany. ‘‘(A) at rates that are comparable to those ‘‘(c) TIMELY BASIS.—The Commission shall ‘‘(5) The Commission shall, by rule, adopt that the unregulated transmitting utility require the information required under sub- procedures for the expeditious consideration charges itself, and section (b) to be posted on the Internet as of applications for the approval of disposi- ‘‘(B) on terms and conditions (not relating soon as practicable and updated as fre- tions, consolidations, or acquisitions under to rates) that are comparable to those under quently as practicable. this section. Such rules shall identify classes Commission rules that require public utili- ‘‘(d) PROTECTION OF SENSITIVE INFORMA- of transactions, or specify criteria for trans- ties to offer open access transmission serv- TION.—The Commission shall exempt from actions, that normally meet the standards ices and that are not unduly discriminatory disclosure commercial or financial informa- established in paragraph (4), and shall re- or preferential. quire the Commission to grant or deny an ‘‘(2) The Commission shall exempt from tion that the Commission, by rule or order, application for approval of a transaction of any rule or order under this subsection any determines to be privileged, confidential, or such type within 90 days after the conclusion unregulated transmitting utility that— otherwise sensitive.’’. of the hearing or opportunity to comment ‘‘(A) sells no more than 4,000,000 megawatt SEC. 208. ACCESS TO TRANSMISSION BY INTER- under paragraph (4). If the Commission does hours of electricity per year; MITTENT GENERATORS. not act within 90 days, such application shall ‘‘(B) does not own or operate any trans- Part II of the Federal Power Act is further be deemed granted unless the Commission mission facilities that are necessary for op- amended by adding at the end the following: finds that further consideration is required erating an interconnected transmission sys- to determine whether the proposed trans- tem (or any portion thereof), or ‘‘SEC. 217. ACCESS TO TRANSMISSION BY INTER- action meets the standards of paragraph (4) ‘‘(C) meets other criteria the Commission MITTENT GENERATORS. and issues one or more orders tolling the determines to be in the public interest. ‘‘(a) FAIR TREATMENT OF INTERMITTENT time for acting on the application for an ad- ‘‘(3) The rate changing procedures applica- GENERATORS.—The Commission shall ensure ditional 90 days. ble to public utilities under subsections (c) that all transmitting utilities provide trans- ‘‘(6) For purposes of this subsection, the and (d) of section 205 are applicable to un- mission service to intermittent generators in terms ‘associate company’, ‘electric utility regulated transmitting utilities for purposes a manner that does not unduly prejudice or company’, ‘gas utility company’, ‘holding of this section. disadvantage such generators for character- company’, and ‘holding company system’ ‘‘(4) In exercising its authority under para- istics that are— have the meaning given those terms in the graph (1), the Commission may remand Public Utility Holding Company Act of transmission rates to an unregulated trans- ‘‘(1) inherent to intermittent energy re- 2002.’’. mitting utility for review and revision where sources; and SEC. 203. MARKET-BASED RATES. necessary to meet the requirements of para- ‘‘(2) are beyond the control of such genera- (a) APPROVAL OF MARKET-BASED RATES.— graph (1). tors. Section 205 of the Federal Power Act (16 ‘‘(5) The provision of transmission services ‘‘(b) POLICIES.—The Commission shall en- U.S.C. 824d) is amended by adding at the end under paragraph (1) does not preclude a re- sure that the requirement in subsection (a) of the following: quest for transmission services under section is met by adopting such policies as it deems ‘‘(h) The Commission may determine 211. appropriate which shall include the fol- whether a market-based rate for the sale of ‘‘(6) The Commission may not require a lowing: electric energy subject to the jurisdiction of State or municipality to take action under ‘‘(1) Subject to the sole exception set forth the Commission is just and reasonable and this section that constitutes a private busi- in paragraph (2), the Commission shall en- not unduly discriminatory or preferential. In ness use for purposes of section 141 of the In- sure that the rates transmitting utilities making such determination, the Commission ternal Revenue Code of 1986 (26 U.S.C. 141). charge intermittent generator customers for shall consider such factors as the Commis- ‘‘(7) For purposes of this subsection, the transmission services do not unduly preju- sion may deem to be appropriate and in the term ‘unregulated transmitting utility’ dice or disadvantage intermittent generator public interest, including to the extent the means an entity that— customers for scheduling deviations. Commission considers relevant to the whole- ‘‘(A) owns or operates facilities used for sale power market— the transmission of electric energy in inter- ‘‘(2) The Commission may exempt a trans- ‘‘(1) market power; state commerce, and mitting utility from the requirement set ‘‘(2) the nature of the market and its re- ‘‘(B) is either an entity described in section forth in paragraph (1) if the transmitting sponse mechanisms; and 201(f) or a rural electric cooperative.’’. utility demonstrates that scheduling devi- ‘‘(3) reserve margins.’’. SEC. 206. ELECTRIC RELIABILITY STANDARDS. ations by its intermittent generator cus- (b) REVOCATION OF MARKET-BASED RATES.— tomers are likely to have an adverse impact Section 206 of the Federal Power Act (16 AMENDMENT NO. 3001 on the reliability of the transmitting util- U.S.C. 824e) is amended by adding at the end (Purpose: To clarify provisions on access to ity’s system. the following: transmission by intermittent generators ‘‘(3) The Commission shall ensure that to ‘‘(f) Whenever the Commission, after a and make conforming changes) the extent any transmission charges recov- hearing had upon its own motion or upon On page 24, strike line 1 and all that fol- ering the transmitting utility’s embedded complaint, finds that a rate charged by a costs are assessed to such intermittent gen- public utility authorized to charge a market- lows through page 27, line 20 and insert the following: erators, they are assessed to such generators based rate under section 205 is unjust, unrea- on the basis of kilowatt-hours generated or sonable, unduly discriminatory or pref- SEC. 207. MARKET TRANSPARENCY RULES. Part II of the Federal Power Act is further some other method to ensure that they are erential, the Commission shall determine fully recovered by the transmitting utility. the just and reasonable rate and fix the same amended by adding at the end the following: by order.’’. ‘‘SEC. 216. MARKET TRANSPARENCY RULES. ‘‘(4) The Commission shall require trans- SEC. 204. REFUND EFFECTIVE DATE. ‘‘(a) COMMISSION RULES.—Not later than 180 mitting utilities to offer to intermittent Section 206(b) of the Federal Power Act (16 days after the date of enactment of this sec- generators, and may require transmitting U.S.C. 824e(b)) is amended by— tion, the Commission shall issue rules estab- utilities to offer to all transmission cus- (1) striking ‘‘the date 60 days after the fil- lishing an electronic information system to tomers, access to nonfirm transmission serv- ing of such complaint nor later than 5 provide information about the availability ice. months after the expiration of such 60-day and price of wholesale electric energy and ‘‘(c) DEFINITIONS.—As used in this section: period’’ in the second sentence and inserting transmission services to the Commission, ‘‘(1) The term ‘intermittent generator’ ‘‘the date of the filing of such complaint nor state commissions, buyers and sellers of means a facility that generates electricity later than 5 months after the filing of such wholesale electric energy, users of trans- using wind or solar energy and no other en- complaint’’; mission services, and the public on a timely ergy source. (2) striking ‘‘60 days after’’ in the third basis. ‘‘(2) The term ‘nonfirm transmission serv- sentence and inserting ‘‘of’’; and ‘‘(b) INFORMATION REQUIRED.—The Commis- (3) striking ‘‘expiration of such 60-day pe- sion shall require— ice’ means transmission service provided on riod’’ in the third sentence and inserting ‘‘(1) each regional transmission organiza- an ‘as available’ basis. ‘‘publication date’’. tion to provide statistical information about ‘‘(3) The term ‘scheduling deviation’ means SEC. 205. OPEN ACCESS TRANSMISSION BY CER- the available capacity and capacity of trans- delivery of more or less energy than has pre- TAIN UTILITIES. mission facilities operated by the organiza- viously been forecast in a schedule sub- Part II of the Federal Power Act is further tion; and mitted by an intermittent generator to a amended by inserting after section 211 the ‘‘(2) each broker, exchange, or other mar- control area operator or transmitting util- following: ket-making entity that matches offers to ity.’’.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1837 SEC. 209. ENFORCEMENT. of 1978 (16 U.S.C. 2621(d)) is further amended adopt, by rule, additional control and testing by adding at the end the following: requirements for on-site generating facilities AMENDMENT NO. 3002 ‘‘(13) NET METERING.—(A) Each electric and net metering systems that the Commis- (Purpose: To require states to consider utility shall make available upon request net sion determines are necessary to protect requiring time-of-use metering) metering service to any electric consumer public safety and system reliability. that the electric utility serves. On page 44, strike line 3 and all that fol- ‘‘(7) DEFINITIONS.—For purposes of this sub- ‘‘(B) For purposes of implementing this lows through page 45, line 12 and insert the section: paragraph, any reference contained in this following: ‘‘(1) The term ‘eligible on-site generating section to the date of enactment of the Pub- facility’ means— SEC. 241. REAL-TIME PRICING AND TIME-OF-USE lic Utility Regulatory Policies Act of 1978 METERING STANDARDS. ‘‘(A) a facility on the site of a residential shall be deemed to be a reference to the date electric consumer with a maximum gener- (a) ADOPTION OF STANDARDS.—Section 111(d) of the Public Utility Regulatory Poli- of enactment of this paragraph. ating capacity of 10 kilowatts or less that is cies Act of 1978 (16 U.S.C. 2621(d)) is amended ‘‘(C) Notwithstanding subsections (b) and fueled by solar energy, or fuel cells; or by adding at the end the following: (c) of section 112, each State regulatory au- ‘‘(B) a facility on the site of a commercial ‘‘(11) REAL-TIME PRICING.—(A) Each electric thority shall consider and make a deter- electric consumer with a maximum gener- utility shall, at the request of an electric mination concerning whether it is appro- ating capacity of 500 kilowatts or less that is consumer, provide electric service under a priate to implement the standard set out in fueled solely by a renewable energy resource, real-time schedule, under which the rate subparagraph (A) not later than one year landfill gas, or a high efficiency system. charged by the electric utility varies by the after the date of enactment of this para- ‘‘(2) The term ‘renewable energy resource’ hour (or smaller time interval) according to graph. means solar, wind, biomass, or geothermal changes in the electric utility’s wholesale (b) SPECIAL RULES FOR NET METERING.— energy. power cost. The real-time pricing service Section 115 of the Public Utility Regulatory ‘‘(3) The term ‘high efficiency system’ shall enable the electric consumer to man- Policies Act of 1978 (16 U.S.C. 2625) is further means fuel cells or combined heat and power. age energy use and cost through real-time amended by adding at the end the following: ‘‘(4) The term ‘net metering service’ means metering and communications technology. ‘‘(k) NET METERING.— service to an electric consumer under which ‘‘(B) For purposes of implementing this ‘‘(1) RATES AND CHARGES.—An electric util- electric energy generated by that electric paragraph, any reference contained in this ity— consumer from an eligible on-site generating section to the date of enactment of the Pub- ‘‘(A) shall charge the owner or operator of facility and delivered to the local distribu- lic Utility Regulatory Policies Act of 1978 an on-site generating facility rates and tion facilities may be used to offset electric shall be deemed to be a reference to the date charges that are identical to those that energy provided by the electric utility to the of enactment of this paragraph. would be charged other electric consumers of electric consumer during the applicable bill- ‘‘(C) Notwithstanding subsections (b) and the electric utility in the same rate class; ing period.’’. (c) of section 112, each State regulatory au- and thority shall consider and make a deter- ‘‘(B) shall not charge the owner or operator AMENDMENT NO. 3004 of an on-site generating facility any addi- mination concerning whether it is appro- (Purpose: To clarify state authority to tional standby, capacity, interconnection, or priate to implement the standard set out in protect electric consumers) subparagraph (A) not later than one year other rate or charge. after the date of enactment of this para- ‘‘(2) MEASUREMENT.—An electric utility On page 58, strike line 16 and all that fol- graph. that sells electric energy to the owner or op- lows through line 23 and insert the following: ‘‘(12) TIME-OF-USE.—(A) Each electric util- erator of an on-site generating facility shall SEC. 256. STATE AUTHORITY. ity shall, at the request of an electric con- measure the quantity of electric energy pro- Nothing in this subtitle shall be construed sumer, provide electric service under a time- duced by the on-site facility and the quan- to preclude a State or State regulatory au- of-use rate schedule which enables the elec- tity of electric energy consumed by the thority from prescribing and enforcing laws, tric consumer to manage every use and cost owner or operator of an on-site generating rules, or procedures regarding the practices through time-of-use metering and tech- facility during a billing period in accordance which are the subject of this section. nology. with normal metering practices. ‘‘(B) For purposes of implementing this ‘‘(3) ELECTRIC ENERGY SUPPLIED EXCEEDING AMENDMENT NO. 3005 paragraph, any reference contained in this ELECTRIC ENERGY GENERATED.—If the quan- (Purpose: To clarify the requirement for the section to the date of enactment of the Pub- tity of electric energy sold by the electric federal government to purchase renewable lic Utility Regulatory Policies Act of 1978 utility to an on-site generating facility ex- fuels) shall be deemed to be a reference to the date ceeds the quantity of electric energy sup- On page 64, strike line 8 and all that fol- of enactment of this paragraph. plied by the on-site generating facility to the ‘‘(C) Notwithstanding subsections (b) and lows through page 65, line 17, and insert the electric utility during the billing period, the following: (c) of section 112, each State regulatory au- electric utility may bill the owner or oper- thority shall consider and make a deter- ator for the net quantity of electric energy SEC. 263. FEDERAL PURCHASE REQUIREMENT. mination concerning whether it is appro- sold, in accordance with normal metering (a) REQUIREMENT.—the President shall seek priate to implement the standards set out in practices. to ensure that, to the extent economically subparagraph (A) not later than one year ‘‘(4) ELECTRIC ENERGY GENERATED EXCEED- feasible and technically practicable, of the after the date of enactment of this para- ING ELECTRIC ENERGY SUPPLIED.—If the quan- total amount of electric energy the federal graph.’’. tity of electric energy supplied by the on-site government consumes during any fiscal (b) SPECIAL RULES.—Section 115 of the Pub- generating facility to the electric utility ex- year— lic Utility Regulatory Policies Act of 1978 (16 ceeds the quantity of electric energy sold by (1) not less than 3 percent in fiscal years U.S.C. 2625) is amended by adding at the end the electric utility to the on-site generating 2003 through 2004, the following: facility during the billing period— (2) not less than 5 percent in fiscal years ‘‘(i) REAL-TIME PRICING.—In a state that ‘‘(A) the electric utility may bill the owner 2005 through 2009, and permits third-party marketers to sell elec- or operator of the on-site generating facility (3) not less than 7.5 percent in fiscal year tric energy to retail electric consumers, the for the appropriate charges for the billing pe- 2010 and each fiscal year thereafter— electric consumer shall be entitled to receive riod in accordance with paragraph (2); and shall be renewable energy. The President the same real-time metering and commu- ‘‘(B) the owner or operator of the on-site shall encourage the use of innovative pur- nication service as a direct retail electric generating facility shall be credited for the chasing practices by federal agencies. consumer of the electric utility. excess kilowatt-hours generated during the (2) DEFINITION.—For purposes of this sec- ‘‘(j) TIME-OF-USE METERING.—In a state billing period, with the kilowatt-hour credit tion, the term ‘‘renewable energy’’ means that permits third-party marketers to sell appearing on the bill for the following billing electric energy generated from solar, wind, electric energy to retail electric consumers, period. biomass, geothermal, fuel cells, municipal the electric consumer shall be entitled to re- ‘‘(5) SAFETY AND PERFORMANCE STAND- solid waste, or additional hydroelectric gen- ceive the same time-of-use metering and ARDS.—An eligible on-site generating facility eration capacity achieved from increased ef- communication service as a direct retail and net metering system used by an electric ficiency or additions of new capacity. electric consumer of the electric utility.’’. consumer shall meet all applicable safety, (c) TRIBAL POWER GENERATION.—The Presi- performance, reliability, and interconnec- dent shall seek to ensure that, to the extent AMENDMENT NO. 3003 tion standards established by the National economically feasible and technically prac- (Purpose: To require states to consider Electrical Code, the Institute of Electrical ticable, not less than one-tenth of the adopting federal net metering standard) and Electronics Engineers, and Underwriters amount specified in subsection (a) shall be On page 50, strike line 10 and all that fol- Laboratories. renewable energy that is generated by an In- lows through page 54, line 10, and insert the ‘‘(6) ADDITIONAL CONTROL AND TESTING RE- dian tribe or by a corporation, partnership, following: QUIREMENTS.—The Commission, after con- or business association which is wholly or SEC. 245. NET METERING. sultation with State regulatory authorities majority owned, directly or indirectly, by an (a) ADOPTION OF STANDARD.—Section 111(d) and nonregulated electric utilities and after Indian tribe. For purposes of this subsection, of the Public Utility Regulatory Policies Act notice and opportunity for comment, may the term ‘‘Indian tribe’’ means any Indian

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1838 CONGRESSIONAL RECORD — SENATE March 13, 2002 tribe, band, nation, or other organized group cluded in this bill in the way of elec- to discuss section 822 of the current or community, including any Alaska Native tricity restructuring. bill. village or regional or village corporation as There are going to be a couple of Section 822 sounds as if it is not very defined in or established pursuant to the issues that probably will require indi- Alaska Native Claims Settlement Act (43 offensive in a big bill such as this, but U.S.C. 1601 et seq.), which is recognized as el- vidual votes. We are still in the process it lies within the CAFE title. In short, igible for the special programs and services of defining the areas of disagreement section 822 provides grants for States provided by the United States to Indians be- that exist there. I see this as a substan- to establish scrappage programs for cause of their status as Indians. tial step forward. I thank the Senator cars that are 15 years old or older. Car (d) BIENNIAL REPORT.—In 2004 and every 2 from Wyoming. owners who choose to turn in their car years thereafter, the Secretary of Energy I yield the floor and suggest the ab- for scrap receive a ‘‘minimum pay- shall report to the Committee on Energy and sence of a quorum. ment.’’ Section 822 does not tell us Natural Resources of the Senate and the ap- The PRESIDING OFFICER. The what the ‘‘minimum payment’’ might propriate committees of the House of Rep- clerk will call the roll. resentatives on the progress of the federal be, but they pay now about $1,000 to government in meeting the goals established The assistant legislative clerk pro- $1,200 for scrapping cars. by this section. ceeded to call the roll. Further, section 822 would have the Mr. CAMPBELL. Madam President, I Department of Energy pay the former AMENDMENT NO. 3006 ask unanimous consent that the order car owner a ‘‘credit’’ toward the pur- (Purpose: To make conforming changes in for the quorum call be rescinded. chase of a new vehicle. Like the ‘‘min- the table of contents) The PRESIDING OFFICER. Without imum payment’’ language failing to On page 2, strike the items relating to sec- objection, it is so ordered. state how much that would be, this Mr. CAMPBELL. Madam President, I tions 205 through 210 and insert the fol- provision fails to tell us the value of lowing: ask unanimous consent that the pend- the taxpayer-subsidized ‘‘credit.’’ How- Sec. 205. Open access transmission by certain ing amendment be temporarily set ever, unlike the minimum payment, we utilities. aside. have no guidance what that ‘‘credit’’ Sec. 206. Electric reliability standards. The PRESIDING OFFICER. Without might be because, as with so much of Sec. 207. Market transparency rules. objection, it is so ordered. Sec. 208. Access to transmission by intermit- this little section, this is the first time tent generators. AMENDMENT NO. 3007 TO AMENDMENT NO. 2917 we have heard of it. Sec. 209. Enforcement. Mr. CAMPBELL. Madam President, I Since no hearings were held on sec- Mr. THOMAS. Madam President, send an amendment to the desk on be- tion 822, we don’t know how much it these amendments are from Senator half of myself, Senator GRAMM of would cost U.S. taxpayers. We do THOMAS of Wyoming and Senator Texas, Senator ENZI of Wyoming, and know, however, that the cost would be BINGAMAN of New Mexico. They have Senator BROWNBACK of Kansas, and ask enormous since there are approxi- been cleared on both sides. for its immediate consideration. mately 38 million cars at least 15 years The PRESIDING OFFICER. The Mr. BINGAMAN. Madam President, I old or older currently on the roads. If clerk will report. do support the amendments. We have we estimate that just one-quarter of The assistant legislative clerk read worked jointly with Senator THOMAS those car owners choose to scrap their as follow: and his staff to perfect these amend- automobile and receive the $1,000 and ments. I think they are acceptable on The Senator from Colorado [Mr. CAMP- get another $1,000 to purchase a DOE- BELL], for himself, Mr. GRAMM, Mr. ENZI, and this side. As far as I know, there is no approved vehicle, the cost to the U.S. objection to their adoption. Mr. BROWNBACK, proposes an amendment numbered 3007. taxpayer would be about $19 billion— The PRESIDING OFFICER. Is there deficit dollars that could go to much further debate? Mr. CAMPBELL. Madam President, I ask unanimous consent that further better uses as we approach deficits If not, without objection, the amend- next year. ments are agreed to en bloc. reading of the amendment be dispensed When I first heard of section 822, I The amendments (Nos. 3000 through with. wondered: Why should we do this? Why 3006) were agreed to en bloc. The PRESIDING OFFICER. Without should States be burdened with estab- Mr. THOMAS. Madam President, I objection, it is so ordered. lishing a voluntary program to scrap move to reconsider the vote. The amendment is as follows: Mr. BINGAMAN. I move to lay that (Purpose: To strike the section establishing old cars? Why should U.S. taxpayers be motion on the table. a program to provide assistance for State subsidizing some people to buy new The motion to lay on the table was programs to retire fuel-inefficient motor cars? I am a big supporter of the auto agreed to. vehicles) industry, but I don’t support Govern- Mr. THOMAS. Madam President, I Strike section 822. ment subsidizing their sales. thank the chairman for his cooperation Mr. CAMPBELL. Madam President, Section 822 simply states its purpose: in finding some areas on which we are the bill we are considering is an ex- To retire fuel-inefficient vehicles, the in agreement and on which we can tremely large and expansive bill deal- assumption being that any car 15 years move forward. This electric title of the ing with many important and con- old or older would be inefficient. energy bill is a very important one. troversial topics. Although the bill was This is a brandnew approach to ad- Probably nothing affects more people stripped from its committee of juris- dress fuel efficiency and gasoline con- than the electric aspect of energy. We diction pretty much completely behind sumption, an approach that has not are very pleased. closed doors, we have an idea of the been discussed at any level and that We do have several more amend- issues with which we have been deal- has not been studied. In principle, I op- ments in this area, some of which will ing. CAFE, ANWR, and renewables are pose the making of rash decisions with- come up for a vote. Certainly being all topics we are familiar with and out adequate knowledge or public hear- able to agree on these and move them which have been debated for some days ings, or input from the public at large, forward is a great advantage. I appre- now. particularly when the results could ciate the cooperation of the Senator I am here to discuss a very small pro- hurt the American people, since sec- from New Mexico. vision that many of my friends may tion 822 was included in this bill with- Mr. BINGAMAN. Madam President, I not have noticed because it is buried out any study whatsoever. thank the Senator from Wyoming for pretty deeply. That provision, unlike Beyond principle, I also oppose sec- his leadership on this issue. He has several others that have been discussed tion 822 on its merits as it is fundamen- been very focused on trying to get and studied, will be discussed for the tally flawed, expensive, and potentially these provisions right. We have worked first time, I believe, now. a harmful policy. Some States have hard with him and his staff to be sure Before getting into my comments, I elected to establish scrappage pro- that that is what has happened. This wish to state that a comprehensive en- grams to get vehicles with poor emis- package of amendments we have now ergy bill is no place to put this new and sions off the road. Again, section 822’s adopted moves us substantially toward untested idea; such an action is, at purpose is to get fuel-inefficient cars a consensus on what ought to be in- best, poor policy. In particular, I wish off the road—the first of its kind.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1839 States that choose to enact I mentioned this provision would re- this will cost. That is right because scrappage programs are not in compli- ward those people who do not want to this is strictly an authorization. It will ance with clean air regulations. Those put money out for repairs. In addition cost whatever we decide to appropriate States choose scrappage programs as a to establishing a scrappage program, for this program. Congress will still tool, among others, because they be- section 822 also requires States to es- have to make a judgment as to whether lieve they are effective in meeting tablish repair programs. As provided in to appropriate anything for this pro- health concerns. that section, a car owner paying 20 per- gram. Section 822 creates incentives not to cent of the cost would have the State This is a grant program to States further public health but to further un- fix his vehicle, normally through a that want to participate. We will either founded prejudices against older vehi- tuneup, to increase fuel efficiency. put some money in to fund this grant cles. The Federal Government and States program or we will not, and we will Under State scrappage programs, the should not be turned into tuneup sta- specify each year the amount of funds State is able to means-test a polluting tions to have people properly maintain we think should be made available to vehicle so that only those affecting their vehicles, something which they the Department of Transportation to public health would be scrapped. Yet should do out of their own pockets. fund this program. this federally promoted, State-run The majority correctly states that It is clear it is a purely voluntary scrappage program does not provide section 822 is a voluntary program, but program on the part of States. There any means testing to ensure that only it is not voluntary for the Federal Gov- are some States that have vehicle fuel-inefficient vehicles are scrapped. ernment which is compelled to estab- scrappage programs in place today. Therefore, a 1986 Ford Escort getting 41 lish a carrot-and-stick approach to en- There may be other States that would miles to the gallon would be treated tice States to engage in potentially want to consider that. The purpose of the same as a Cadillac Seville of the disastrous and certainly burdensome the provision is obvious. The purpose of same year that only gets 17 miles per actions. the provision is to try to assist with gallon. The participating State must create getting extremely fuel-inefficient vehi- The only criteria would be that they two new programs just in case someone cles, high-emission vehicles off the are both 1986 automobiles. I give that might decide to volunteer to scrap road where there is a desire on the part example to show simply that section their car or have the Federal Govern- of the owner of the vehicle to either 822 is fundamentally flawed: that older ment pay 80 percent of their repair improve the efficiency of that vehicle cars are all inefficient and, therefore, costs. The burden on States could be or to trade that vehicle in and get should be treated the same. enormous. something else. That is the clear intent Since this is the first time the Sen- My friends, the authors, might say of these programs that some States ate has heard about this provision, we the State would not be hurt because have adopted. should review who is benefited and who the Federal Government provides funds What we are saying is that the Fed- is injured and what are the costs and eral Government would be authorized benefits of section 822. through grants for those programs, but through the Department of Transpor- First of all, section 822 would have a we have no idea how much that will disproportionate impact on low- and cost. We do not know because we have tation to assist States in these pro- fixed-income individuals. It is more had no hearings and no studies on this grams to the extent that we appro- cost effective for people of low means section. priate money to support them. The argument by the Senator from to maintain older vehicles than to buy We all know the Federal Government Colorado is that this is a terrible bur- new ones. However, the scrappage pro- never provides enough money to States den on people with low incomes. There gram in section 822 would reduce the to enact programs and, in uncertain is obviously a misunderstanding about supply of car parts, thereby increasing times such as these, I do not think we the cost to citizens with lower in- should approve ill-conceived and uncer- what this provision says. This is purely comes. tain measures when we do not know a voluntary provision. Nobody is re- The reduction of car parts would det- the bottom line pricetag. quired to do anything under the lan- rimentally affect the aftermarket How is the State going to administer guage of this section 822. If an indi- parts industry, 98 percent of which are the public notification and salvage of vidual wants to continue driving a 30- made up of registered small businesses. parts? Who may participate in the year-old vehicle, that is their option. I think it is safe to assume the au- parts salvage? Will that be open to in- There is no penalty; there is no re- thors did not intend to hurt low-in- dividuals or restricted to businesses? quirement they do anything. They come individuals and small businesses And how will a State value and sell the clearly would not even have the oppor- during a recession. Yet that is the un- parts of the cars? We simply do not tunity to do anything if they were in a intended consequence that most surely know. State that did not have one of these ve- would happen. In closing, those of us who are co- hicle scrappage programs. Who would benefit? Just as this pro- sponsoring this amendment have had If they were in a State that did have vision hurts the most vulnerable, sec- only a brief time to look at this sec- a vehicle scrappage program, then at tion 822 unjustly enriches people of bet- tion. We believe it is the wrong ap- least if that program was receiving ter wealth. In short, section 822 is tan- proach. Our amendment will strike sec- Federal funds, the State could use tamount to corporate welfare for auto- tion 822 from the bill. some of those Federal funds under the motive companies and upper classes. Madam President, I ask for the yeas program that is designed by the State. I submit the Federal Government and nays on this amendment. The individual could use some of those should not be in the advertising busi- The PRESIDING OFFICER. Is there a funds to compensate for having the ve- ness to sell cars. The Department of sufficient second? hicle scrapped or to repair the vehicle Energy credit to purchase new cars is There appears to be a sufficient sec- so that it is more efficient, so that it akin to a mail-in rebate as advertised ond. has fewer emissions. That is clearly the on television, a wasteful expense that The yeas and nays were ordered. purpose of it. cheapens important energy issues and The PRESIDING OFFICER. The Sen- As to the argument that this will the work of this body. ator from New Mexico. cause a problem with the salvage of Further, I do not believe the Federal Mr. BINGAMAN. Madam President, valuable parts for vehicles, there is a Government should have any role in first, I am disappointed that the Sen- specific provision in the bill that the pushing certain vehicles on consumers. ator from Colorado has chosen to pro- Secretary cannot provide any funds to The private market is described as an pose striking this provision entirely. a State under this program. The Sec- ‘‘invisible hand.’’ However, section 822 The provision is clearly written in a retary could not provide funds unless would certainly strengthen that hand. way that provides absolute maximum the State’s plan allows for giving pub- By paying people to choose certain cars flexibility to States to participate or lic notification before any parts are over others, the Federal Government not participate. scrapped so that those parts could be would inappropriately insert itself into The Senator starts out with the argu- purchased or auctioned or otherwise private decisions. ment that we do not know how much salvaged.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1840 CONGRESSIONAL RECORD — SENATE March 13, 2002 And as to the objections that the we can reach an agreement which will have been involved in that words do Senator has cited, we heard similar ob- allow us to vitiate this cloture motion, have meaning and some people view jections to an earlier version of this and if that can be done, we will vitiate words that are technical as not tech- section. Frankly, we thought we had the vote on cloture on Friday and we nical. accommodated the concerns that were will move forward, but time has run We require the agreement of all of brought to us and modified the amend- out. our colleagues who have been involved ment in order to do that. It is essential we at least file cloture in this issue, including Members of the Now, of course, after making the today on the motion to proceed in House, and we have to be sure of a cer- modifications, we are faced with an order to accommodate a worst case sce- tain methodology that would be taken amendment to strike the section en- nario on campaign finance reform. I up in the other body. So we will be glad tirely. I think it is good public policy have put all of our colleagues on notice to continue to negotiate. I hope we can for the Federal Government to assist that this is one piece of legislation reach agreement, but under no cir- States that want to have these pro- that must be completed prior to the cumstances would our failure to reach grams. I do not see why it is in the pub- time we leave for the Easter recess. So an agreement on a technical package lic interest to strike a provision that we will have the cloture vote on Fri- of amendments impede the process we enables the Secretary of Transpor- day, if it is required. We will then be on are now embarked on of reaching final tation to pursue this, to the extent the the bill on Monday. I will notify our resolution on Shays-Meehan/McCain- Appropriations Committee puts in colleagues that we will file cloture on Feingold before we leave for the next funds to support the program. Monday for a Wednesday cloture vote, break. So I very much hope we will not and assuming we get cloture on I wish to make it clear, I am willing, adopt the Senator’s amendment and Wednesday, we will be in session all along with my colleagues, to work on have this provision stricken from the night Wednesday night, all night so-called technical amendments, but in bill. To my mind, it is a good provision. Thursday night, and we will then have no way would they impact the final It provides an opportunity for States our vote on Friday. passage of the bill because they are to move ahead with these programs So Senators should be aware, it may technical in nature. That is the name where they would like to do that and be unusual but we will be involved in of them. So I, again, thank the major- where Federal funds are made avail- an all-night session Wednesday and ity leader. I thank my friend Senator able. Thursday night in order to complete FEINGOLD, and perhaps—and I empha- As I see it, it is not onerous in any our work on the bill by Friday. size ‘‘perhaps’’—we can reach some am- respect as to either what States are re- Now again, it is my hope that per- icable agreements to get this thing quired to do or what individuals are re- haps we can reach some agreement done without causing discomfort to the quired to do. The entire effort is purely with regard to the package of technical schedules and lives of our colleagues. voluntary. amendments. We have not been able to The PRESIDING OFFICER. The Sen- I yield the floor. do it to date. I am concerned that time ator from Nevada. The PRESIDING OFFICER. The ma- is quickly running out, but we are cer- Mr. REID. I know the Senator from jority leader. tainly more than willing to continue Wisconsin wishes to say a few words, f our discussions. I have run out of time but before these two men leave, I want- in terms of our ability to assure we can ed to be able to say to them it is not BIPARTISAN CAMPAIGN REFORM have the cloture votes at a time that often in this body that one can make ACT OF 2002—MOTION TO PROCEED will accommodate completing our such a significant difference as they CLOTURE MOTION work by the end of next week. have done with campaign finance. Mr. DASCHLE. Madam President, I So I thank my colleagues. I espe- I can remember in 1986, I woke up one move to proceed to H.R. 2356, and I cially thank the distinguished Sen- morning and the State of Nevada was send a cloture motion to the desk. ators MCCAIN and FEINGOLD for their covered with signs of my opponent. I The PRESIDING OFFICER. The clo- extraordinary work and effort in get- thought to myself, what a tremendous ture motion having been presented ting us to this point. waste of money. Why would he be wast- under rule XXII, the Chair directs the I yield the floor. ing money on signs? They cost so clerk to read the motion. The PRESIDING OFFICER. The Sen- much. So I filed a complaint with the The assistant legislative clerk read ator from Arizona. Federal Election Commission. Two as follows: Mr. MCCAIN. Madam President, I years later I get a response that they CLOTURE MOTION thank the majority leader for his have done something technically in We, the undersigned Senators, in accord- steadfastness in this effort. It has been violation. ance with the provisions of rule XXII of the a long odyssey, and as we have reached The fact is, the signs were paid for by Standing Rules of the Senate, hereby move crucial points he has been extremely the State party. That was the begin- to bring to a close the debate on the motion helpful in moving this process along. It ning of this rush of corporate money. to proceed to Calendar No. 318, H.R. 2356, a has been pretty clear in the last few From that time, 1986 to 1998, 12 years, bill to provide bipartisan campaign reform: weeks that the opposition has chosen it changed dramatically. Between JOHN Russell D. Feingold, Tom Daschle, Tim to delay consideration of the bill. So I Johnson, Byron Dorgan, Bob Graham, ENSIGN and HARRY REID, from signs Daniel Inouye, Joe Biden, Patty Mur- thank him and look forward to trying paid for by the State party, there was ray, Jim Jeffords, Jeff Bingaman, to reach an agreement with the oppo- $20 million spent in the State of Ne- Debbie Stabenow, Max Baucus, Ben nents of the bill so we are not required vada, not counting independent ex- Nelson of Nebraska, Harry Reid, Rich- to follow the scenario as outlined by penditures. The vast majority of that ard J. Durbin, Jon Corzine, Tom Car- the majority leader. I am not sure we was corporate money. That is not per. can get an agreement without that sce- going to happen when this legislation Mr. DASCHLE. Madam President, I nario being presented. So I thank him takes effect. withdraw the motion to proceed. for that. I am so grateful to these two men for The PRESIDING OFFICER. The mo- For the benefit of my colleagues, what they have done to make my life tion to proceed is withdrawn. Senator MCCONNELL approached me a more understandable. I will still have Mr. DASCHLE. Madam President, as short time ago. He said he wanted to to work hard to raise money, but I will I indicated to Senator LOTT and as I in- continue negotiations on a so-called not have to go to people and ask for dicated yesterday to a joint leader package of technical amendments and large sums of money for the State meeting, we would be required to file that he would not insist that a sub- party, or for myself for the State cloture on the motion to proceed to the stantive amendment be considered on party, however it worked, however one campaign finance reform bill today, it. I will be glad to, along with my col- had to do it just right. this afternoon. We have been working league Senator FEINGOLD, consider any I know the Senator from Arizona has patiently with our colleagues who have technical changes that are purely tech- indicated he appreciated Shays-Mee- opposed campaign reform now for some nical in nature, but we have found out han. Well, I appreciate the work they time. I am still hopeful that perhaps in the course of this long odyssey we have done, also. I admire those two

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1841 men a great deal. These two gentlemen Unless there is a change by the two dividuals. Even if, as proponents claim, have to understand that the House leg- managers of the bill, we will have that section 822 did improve emissions islation would never have passed with- vote about 4:30 this afternoon. We will somewhat, the program will definitely out their travels around the country have announcements at a later time. create a burden on the used car market daring people not to do something The PRESIDING OFFICER. The Sen- and the low- to middle-income families about this. It was because of these two ator from Kansas. who buy them. that a cloture motion was signed and Mr. BROWNBACK. What is the pend- If the vehicles are scrapped, then filed in the House forcing the House ing business? their parts are destroyed. A reduced leadership to take up this legislation. AMENDMENT NO. 3007 supply of older auto parts translates Now there is going to be a lot written The PRESIDING OFFICER. The into an increased demand for these about this. There will never be enough amendment is No. 3007, offered by the parts, raising the cost for anyone who positive written about the work you Senator from Colorado. desires to responsibly maintain his or two have done. If you never do another Mr. BROWNBACK. I rise to speak in her older vehicle. Low- and fixed-in- thing legislatively—which you both do favor of the amendment of my col- come car occupiers who cannot afford a great deal—you have done so much. league from Colorado. to purchase a new DOE-approved vehi- There are very few people in the his- Is there a time agreement or alloca- cle are affected. I don’t think the au- tory of this country, in my opinion, tions on the amendment? thors of this provision desire that sort The PRESIDING OFFICER. There is legislatively, that have done as much of feature. That is the likely impact. none. If the Department of Energy gets as you are about to accomplish when Mr. BROWNBACK. I rise to speak in into a State grant program and buys up this legislation passes. favor of the amendment put forward by a bunch of older used cars, it will drive I wanted you to be here to tell you my colleague from Colorado, Senator how much people will appreciate the up the market price for the cars. That BEN NIGHTHORSE CAMPBELL, on the ve- is not an impact we want on lower or fact, even though they may not feel the hicle scrap provision that is in the un- moderate-income families, or families benefit as some Members here, with the derlying energy bill. work you have done. It will improve The Senator from Colorado has hit it seeking to buy a first-time car for a our system of government, and it will right. This program is not a good idea. younger member of the family. They put it back, in my opinion, the way it It is not a good idea to put forward should not be competing against the used to be, when people campaigned— Federal funds to purchase used cars as Government for that car, nor should instead of going out seeing how much a way of trying to improve fuel effi- they compete against the Government money they could raise. ciency. This is unproven, not wise, and for replacement parts for that car be- The PRESIDING OFFICER. The Sen- expensive in the process. Plus, by the cause the older vehicles are being ator from Wisconsin. number of calls and letters we have scrapped. Mr. FEINGOLD. We thank the Sen- been getting in my office, a lot of peo- Vehicle scrappage hurts small busi- ator from Nevada for his extremely ple do not think it is a very bright idea ness by encouraging the destruction of kind words and we thank the majority to go with this program. They do not older, and in some cases vintage, cars leader for his firm resolve in a very see the benefits. A number of car en- and the parts necessary for mainte- reasonable timeframe to bring this thusiasts think this is a program nance. This provision would have a det- matter to a conclusion. I also thank aimed at getting at them. rimental effect on the automotive in- the Senator from Nevada for the many This provision creates a federally dustry on aftersales. After the new car hours he has been here with us on this funded program giving grants to States is sold, there is a huge industry that issue. He has been extremely helpful. I to establish scrappage programs for ve- supports the auto industry in the auto- look forward to the final stages with hicles 15 years or older or pursue re- motive sales after the original sale; 98 the Senator from Nevada and my col- pairs to improve fuel economy. Owners percent of that business is comprised of league. who turn in such vehicles receive a small businesses. The PRESIDING OFFICER. The Sen- minimum payment and future credit The potential cost of the program to ator from Arizona. toward purchasing a new vehicle, meet- taxpayers is unclear. Certainly the Mr. MCCAIN. Madam President, I ing certain DOE guidelines. benefits are unclear, but the costs are thank the Senator from Nevada not The stated intent is to retire fuel-in- unclear. This provision states neither only for his kind remarks, which may efficient vehicles, the first program of how much DOE will pay for each be to some degree undeserved, but his its kind. All prior State scrappage pro- scrapped vehicle nor the value of the continuous help as we have gone grams sought to address poor emis- credit toward a new vehicle purchase. through every conceivable parliamen- sions. The provision requires a vehicle The State programs do not offer a clear tary obstacle as we moved forward. I to be scrapped, not stripped for parts. precedent. The State of California Bu- am very appreciative of his patience, To make a couple of points, this pro- reau of Automotive Repair pays $1,000 as well as his kind words. vision has no guaranteed environ- for each donated car. However, this Perhaps we are entering the last mental benefit. Vehicle scrapping re- program addresses the State’s poor air phase. Perhaps not. As the famous phi- quires States neither to determine the quality, not fuel efficiency. Moreover, losopher Yogi Berra said: It ain’t over fuel efficiency of vehicles being no State provides interested car dona- until it’s over. scrapped nor to certify that scrapped tors with credits toward the purchase I think we have established a sce- vehicles are replaced by more fuel-effi- of new cars. This vehicle scrap program nario which could lead us to a conclu- cient vehicles. A carowner could scrap does not meet its own intended goals. sion. I believe, for a period of time, this an older but more fuel-efficient com- It hurts low- and middle-income fami- result may have the beneficial effect pact car and replace it with a newer lies who are the predominant buyers of that Senator REID predicts. but less fuel-efficient vehicle. While re- used cars or families buying for first- I yield the floor. visions have been made to address this time car users. f problem, the fundamental issue re- It is the wrong way to dedicate our mains: There is no guarantee that the Federal resources. We all want a better NATIONAL LABORATORIES PART- scrapped car is actually replaced by a environment, but this is not the way to NERSHIP IMPROVEMENT ACT OF more efficient one. That is point one. achieve it. I urge my colleagues to vote 2001—Continued Under this provision, cars rarely or in favor of the Campbell amendment to Mr. REID. For the information of all never driven, vehicles that have mini- take out this provision. Senators, Senator DASCHLE has indi- mal or no impact on overall fuel econ- This impacts a lot more people than cated he would like a vote about 4:30 omy, may be turned into scrap. DOE what might appear on the surface. It this afternoon. So everyone should ar- would be required to pay and give cred- has broad impact for the public. It is range their schedules accordingly. This it to carowners for these cars, although not being well-received by the public. vote is on the Campbell amendment. they are just sitting there. We are getting a number of calls and Senator CAMPBELL has asked for the This provision could possibly hurt letters in our office saying this is a bad yeas and nays. They have been ordered. low- and fixed-income families and in- idea for a program. It seems highly

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1842 CONGRESSIONAL RECORD — SENATE March 13, 2002 controversial and questionable in its cles being scrapped, where scrapped ve- Mr. WELLSTONE. Mr. President, I ability to impact in a positive way fuel hicles are being replaced by more fuel- think this energy bill is critically im- efficiency. With the lack of support efficient vehicles. A car owner could portant. The whole question of how we from the public, this provision should scrap an older but more fuel-efficient consume and produce energy in rela- be scrapped—not the vehicles. compact car and replace it with a tionship to the environment is criti- For that reason, I call on my col- newer but less fuel-efficient vehicle. cally important, especially in my State leagues to vote for the Campbell Section 822 would require the Depart- of Minnesota at the other end of the amendment. ment of Energy to give credit to car pipeline where we import our oil in I yield the floor and suggest the ab- owners who turn in cars that are rarely barrels and natural gas, and we export sence of a quorum. or never driven—vehicles that have our dollars. The PRESIDING OFFICER. The minimal or no impact on overall fuel I will be in the Chamber talking clerk will call the roll. economy. about energy policy a lot, especially as The assistant legislative clerk pro- Further, this section requires the we focus on renewables and clean fuel. ceeded to call the roll. States to create a program that pro- Mr. REID. Mr. President, I ask unan- I ask unanimous consent to speak in vides public notification of the intent morning business. imous consent the order for the to scrap and allow the salvage of ‘‘valu- The PRESIDING OFFICER. Without quorum call be dispensed with. able parts’’ from the vehicle without objection, it is so ordered. The PRESIDING OFFICER (Mr. providing for the costs or the regula- (The remarks of Mr. WELLSTONE are JOHNSON). Without objection, it is so tion of this operation; determines the printed in today’s RECORD under ordered. registration, operational status, and ‘‘Morning Business.’’) Mr. REID. Mr. President, I have spo- repair needs of vehicles as well as the ken to the managers of this legislation dissemination of funds for these proce- The PRESIDING OFFICER. The Sen- and, as a result of that, I ask unani- dures; and provides reports on the pro- ator from New Mexico. mous consent that at 4:20 p.m. this gram’s fuel efficiency to the DOE. Mr. DOMENICI. Parliamentary in- afternoon there be 10 minutes of debate Since we have spent a good deal of quiry: Mr. President, are we still on in relation to Campbell amendment time here on safety and costs, what the bill and on an amendment? No. 3007, equally divided between Sen- about the cost? We don’t know what The PRESIDING OFFICER. The Sen- ators CAMPBELL and BINGAMAN prior to the cost to the taxpayer will be. ate is on the energy bill and on amend- the 4:30 vote in relation to the amend- Section 822 requires all U.S. tax- ment No. 3007 by Senator CAMPBELL. ment, with no second-degree amend- payers to pay for some to purchase new Mr. DOMENICI. Mr. President, I have ments in order prior to that vote. cars. It does not state how much the no amendment to offer at this time, The PRESIDING OFFICER. Without DOE will pay for the vehicle or the but I ask unanimous consent that I be objection, it is so ordered. value of the credit towards the pur- given up to 7 minutes as in morning Mr. MURKOWSKI. Mr. President, I chase of the new vehicle. business for some comments on the rise to join Senator CAMPBELL in op- No State currently provides new car economy, which is indirectly related to posing section 822 of S. 517, which is buyers with ‘‘credits’’ towards the pur- the energy bill. pending. I support the amendment by chase of new cars. Since there is no The PRESIDING OFFICER. Without Senator CAMPBELL to strike that. The precedent concerning ‘‘credits’’ and objection, it is so ordered. section creates a federally funded pro- section 822 provides no guidance, no Mr. DOMENICI. I thank the Chair gram requiring States to establish one knows the total cost to the U.S. and thank the Senate. scrappage programs for vehicles 15 taxpayers. (The remarks of Mr. DOMENICI are years and older, or pays such car own- Section 822 would establish the vol- printed in today’s RECORD under ers to improve the fuel economy. Own- untary repair programs for vehicles ‘‘Morning Business.’’) ers who turn in such vehicles receive without detailing guidelines or costs of The PRESIDING OFFICER. The Sen- the minimum payment and a future those repairs. ator from Alaska. credit towards purchasing a new vehi- I am told there are over 38 million Mr. MURKOWSKI. Mr. President, I cle that meets certain DOE guidelines. cars 15 years old or older on the roads was in the office when the electricity The section’s stated intent is to re- right now. Current State programs cur- tire inefficient vehicles. This is really portion was discussed. First, I com- rently pay $1,000 for each donated car. pliment the staffs who worked so hard the first of its kind. All prior State This translates into at least $38 billion scrappage programs sought to address to reach an accord, Senator BINGAMAN in potential Department of Energy and his staff, our staff. The adoption of primarily poor emissions standards. costs for scrappage payments alone and Who is affected by this? Although the bipartisan package of amendments does not include repair or purchase in- section 822 is a voluntary program, ev- was a good, encouraging start in this centive costs included in the provisions eryone who opts in is penalized. A re- long process to resolve the electricity of this section. issue. I have long advocated moving duced supply of auto parts translates As Citizens Against Government to increased costs to everyone who forward to promote competition in the Waste states: electric power industry. Competition wants to responsibly maintain their This provision has all the symptoms of de- older vehicles. Since section 822 dis- certainly benefits consumers, increases veloping into a costly government program supply, helps reduce the cost of power. proportionately impacts or penalizes that can be handled far more efficiently and low-income and fixed-income vehicle inexpensively by the private sector. I have long promoted the three guid- owners, car owners who cannot afford What we have here is an effort to ing principles for good electric legisla- to purchase a new Department-of-En- take the older cars that are paid for off tion: To deregulate where we can, ergy-approved vehicle are particularly the road—not because of concern over streamline where we can, and not affected by the increased costs of parts emissions but rather a concern over interfere with the States protecting re- as they translate to increased mainte- taking away parts availability of these tail customers. nance as the car grows older. cars as a consequence of removing It would be appropriate to basically Section 822 would have a detrimental them from the highways. underline what we have been able to impact on small businesses. Mr. Presi- A lot of collectors and others who accomplish. I also thank a number of dent, 98 percent of the aftermarket want to have good used cars clearly my colleagues. Senator CRAIG THOMAS, parts industry are really small busi- look upon this as an intrusion of the particularly, had the initiative under nesses. Some people would refer to Federal Government into their own the leadership’s guidance to coordinate them as car yards, yards and so forth. privacy which they treasure. this for the minority. I want to take a But particularly for young people I support the amendment by Senator few minutes to recognize what we were growing up and people on modest in- CAMPBELL, which is section 822 of the able to do from what the underlying come, that is where they get their bill. bill addressed. parts. I yield the floor. Under section 202, mergers, there was Section 822 does not require States to The PRESIDING OFFICER. The Sen- a concern. The concern was that it determine the fuel efficiency of vehi- ator from Minnesota. would be a major expansion of FERC

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1843 authority over traditional State mat- PURPA section 111(d) requirement that in the United States. Some people ters with no time limit on FERC re- State PUCs and nonregulated utilities think we have shut our nuclear indus- view and action. By this bipartisan ef- consider the Federal standard. try down or that we have shut our nu- fort, we were able to come up with a Section 256, State authority: The clear powerplants down. That is not solution. The solution reduces the ex- concerns there were: Preempted State true. The truth is, 20 percent of the pansion of FERC authority, raises the consumer protection laws and regula- power we use in this Nation is gen- threshold for FERC review of asset tions to the extent they are incon- erated by nuclear energy. sales from $1 million to $10 million, ex- sistent with FTC regulations. The solu- Nuclear power produces energy with- cludes from FERC review acquisition tion was: Eliminate preemption. out compromising air quality and with- of generation that is under State juris- Section 263: The concern is: Required out dangerous reliance on fuel exports diction, and establishes procedures for the Federal Government to purchase from politically unstable regions of the expedited action on merger applica- renewable power—regardless of the world. tions. cost. That was somewhat contentious. When we look a few years into the fu- Secondly, under section 203, the mar- The DOD needs to spend money on the ture, the projected demand for in- ket-based rates, there was a concern war—not renewables. The solution was: creased electric power is staggering. that it gave FERC broad authority to ‘‘Best efforts’’ only to purchase renew- That is one of the reasons we are con- take ‘‘any action’’—that startled a lot able power. sidering this legislation: because the of people—any action to initiate unjust So we went from a mandate requiring demand for power and the demand for rates, including divestiture and manda- the Federal Government to purchase energy is far outpacing our ability to tory RTO participation. It specified six renewable power, regardless of the produce it. Because we have different specific factors FERC must use when cost, to a solution that was to use the views about production, we have con- granting/revoking market-based rates best efforts only to purchase renewable flicting views about conservation; that which possibly intrude on State rate- power. does not mean the demand, or the chal- making. I thought that explanation was in lenge, is going to go away. Again, the question was the broad order because there are a lot of terms It means we have to work harder to authority to take any action. What we and technology involved here. I think find solutions, and this is one solution. did in the solution was FERC can only it is meaningful that we have a solu- According to the Energy Information fix the rate itself, if found to be unjust. tion and we have a bipartisan agree- Administration, by the year 2020 the And the six specific criteria modified ment. U.S. will need, under current trends, to be three general criteria that FERC I thank my colleague, the Senator 400,000 megawatts of additional electric can use if FERC considers them to be from New Mexico, and others who were power capacity. That is the equivalent relevant. So we took the authority active in this, including the profes- of 400 new coal plants or gas-fired from any action and conditioned it. If sional staff who worked so hard to plants to be built in this country be- they found it to be unjust, then they achieve it. fore the year 2020. have the authority to fix it. I suggest the absence of a quorum. I am in no way opposed to burning The other one in section 204, refund The PRESIDING OFFICER. The coal. We are doing it in a much cleaner effective date: The concern was the clerk will call the roll. and better way for our environment. I provision created an open-ended period The senior assistant bill clerk pro- am obviously not opposed to domestic for FERC to act to establish a ‘‘refund ceeded to call the roll. natural gas production or imported effective date.’’ Refunds, of course, Ms. LANDRIEU. Mr. President, I ask natural gas. That also meets our new might never go into effect. The solu- unanimous consent that the order for environmental standards. We have to tion was: Restore existing law which the quorum call be rescinded. meet some of this demand, but for en- provides a 5-month window for FERC The PRESIDING OFFICER (Mr. vironmental and energy security rea- to establish the refund effective date. CORZINE). Without objection, it is so or- sons we cannot completely rely on Section 205, transmission inter- dered. these sources. connections: The concern there was AMENDMENT NO. 2995 Just to maintain the existing propor- whether it gave FERC authority on Ms. LANDRIEU. Mr. President, I tion of nonemitting nuclear power in own motion to order construction of thought I would take a moment to our energy mix, we will have to con- transmission and sale of electricity. It speak about an amendment that has al- struct 50 nuclear plants. So we have to didn’t have to be requested by a third ready been accepted. I was very proud build more nuclear powerplants, and party. to offer this amendment along with our amendment helps to build them in Eliminated protections in existing Senator DOMENICI and Senator CRAIG the right ways. law—Bonneville, for example—and yesterday. I thank the chairman for his It is clear to this Senator that the their retail wheeling issue: A solution leadership in this effort. Because the environmental and energy security to that was to strike section 205 en- time was short yesterday and we really benefits of nuclear power are so com- tirely. We eliminated that concern. did not get to present the amendment, pelling that not only must we ensure Section 209, access to transmission I thought I would say a few words the continued operation of our existing by intermittent generators: The con- about it while we have time pending a plants, but we must also encourage the cern there was: Gave transmission sub- vote. construction of new plants in this sidies to ‘‘intermittent’’ generators; This amendment by Senator DOMEN- country to help meet this extraor- created a presumption that intermit- ICI, Senator CRAIG, and myself says will dinary demand. tent generators do not create any reli- contribute to the strengthening of this Let me be very clear, when push ability problem; did not allow utilities bill. comes to shove, we have a very short to recover all costs of transmitting It says that as we develop our nu- list of energy options for the foresee- electricity for intermittent generators. clear reactors in the future, they will able future: oil, natural gas, coal, nu- The solution: Eliminate transmission be designed with new technologies that clear, hydropower, conservation, and subsidies; eliminate presumption on re- look very promising, not only to make renewables such as solar and wind. All liability; ensure that utilities recover our nuclear industry more powerful of these have substantial roles to play all transmission costs. and more effective, but also to create in our future energy mix, but none of The next section was 241, real-time the opportunity to produce hydrogen these by themselves is enough to ad- pricing: The concerns: Did not include which can help us in meeting our en- dress the huge demand that is facing time of use metering. The solution was: ergy needs. us. Add time of use metering. I will explain for the record why this Again, that is one of the compelling Section 245, net metering: The con- is so important. reasons, if not the principal reason, cern there was: Establishing a Federal As most Members know, nuclear en- that we are fighting to shape an energy net metering program that preempted ergy now provides one-fifth of all the bill that will meet this demand. Why? 35 existing State net metering pro- electric power used in this country. I Because it is important our economy grams. The solution was: Convert do not think that is clear to everyone continue to grow so we can be not only

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1844 CONGRESSIONAL RECORD — SENATE March 13, 2002 the great military power we are, but seems to have all the hallmarks of an producing the large scale amounts of the greatest economic power as well. ideal, non-polluting fuel for transpor- hydrogen required, this dream will Nuclear power is perhaps unique in tation that might ultimately supplant never be realized. Based on the accept- this list in that there is a large poten- imported oil. However, the President’s ance of this amendment, I think the tial for expansion in the relatively near announcement and much of the subse- Senate has decided that the next gen- term with little downside in terms of quent excitement seems to miss one eration of nuclear powerplants we are environmental damage or an increase very important question: Where are we going to have to build in this Nation in our reliance on foreign sources. Fur- going to get the hydrogen in the quan- anyway could provide that answer. thermore, as many Members are aware, tities necessary to fuel the cars or It has been a great pleasure working there is an exciting next generation of trucks or buses on our Nation’s high- on this amendment with my colleagues nuclear reactors being developed which ways in the future? and being part of this energy debate. take a good product and make it even Please remember that hydrogen is I yield back the remainder of my better. not an energy source. Hydrogen is an time. These reactors, which should be energy carrier. It must be produced by The PRESIDING OFFICER. The Sen- available by the end of this decade, are either splitting water or reforming fos- ator from Alaska. meltdown proof, substantially more ef- sil fuels. Right now, industrial scale Mr. MURKOWSKI. Mr. President, let ficient than the old generation, quantities of hydrogen are produced me congratulate my colleague, the jun- produce less high-level waste, and are from natural gas or other fossil fuels, ior Senator from Louisiana, on her more proliferation resistant than exist- but it does not make sense from an en- amendment. I think the realization of ing reactors. That, in this post-Sep- vironmental or energy security point what the advanced technology would tember 11 day and age, is a goal we of view to produce hydrogen from fossil mean, particularly on high-level nu- need to be mindful of. We need to be fuels. What progress would we be mak- clear waste in recovery of hydrogen for mindful that this material in the ing if we go down that road? a number of purposes, including fuel wrong hands could cause a lot of trou- So what is the alternative? Fortu- cells and others, is something that ble, a lot of destruction, and that is nately, nuclear power is offering to us would tend to focus in on high-level why this new design is exciting. an alternative, a very promising way waste, and would have a potential Indeed, one of these designs, the gas to produce large amounts of hydrogen value there that may lead us to recog- turbine modular helium reactor, is required to move towards a hydrogen nize it is not sufficient to just con- even designed to be built underground economy in the relatively near term. centrate on burying this waste. and therefore better suited to the The more promising way to produce The PRESIDING OFFICER. Under threats that now present themselves hydrogen is to utilize the next genera- the previous order, there is 10 minutes post-September 11. tion of nuclear reactors that operate at of debate on the amendment of the The Federal Government should much higher temperatures. The higher Senator from Colorado. Who yields work closely with the nuclear industry temperatures of these reactors make time? and with our utilities to see that these possible a process called thermo- Mr. MURKOWSKI. If I may have 1 new reactors live up to the claims chemical water splitting. The process minute to compliment the Senator being made about them and that they has received only minor research dol- from Louisiana. are brought to market as soon as pos- lars in this country but has received The PRESIDING OFFICER. Without sible. substantial research dollars in funding objection, it is so ordered. Let me turn now to another aspect from other parts of the world, includ- Mr. MURKOWSKI. I will take it off of with which our amendment attempts ing Japan. our time. to address. We have spent a great deal Thermochemical water splitting is I commend the Senator for her rec- of time this morning speaking about very promising as it is environ- ognition of the value of high-level nu- the transportation sector, CAFE stand- mentally benign and has a very high clear waste and the utilization of it. ards, and what can we do to make our rate of efficiency. Indeed, it is up to 50 I also commend the Senator from transportation sector more efficient. percent more efficient in converting Louisiana on her bioenergy amend- All of those are very important issues. the heat of a reactor into hydrogen en- ment, which we have accepted. This But one of the most interesting solu- ergy. amendment expands the authorization tions that might be found as we de- The amendment we have offered and for bioenergy research to include bio- velop a new generation of nuclear pow- that has been accepted recognizes the chemical processes that can create cer- erplants is the byproduct of these new importance of developing a next gen- tain replacements. There is promising plants—hydrogen. eration of reactors that is safer, more research in these areas. It is wise to The administration recently an- economical, more proliferation resist- continue to work on this. We support nounced some interesting facts regard- ant, and creates less waste. It also rec- the amendment. ing the development of a new genera- ognizes the importance of developing The PRESIDING OFFICER. The Sen- tion of hydrogen-powered car. They hydrogen production capabilities with ator from New Mexico. call it the freedom car. But we should the next generation of nuclear reac- Mr. DOMENICI. Mr. President, I con- be mindful that we could call it the tors. gratulate the Senator from Louisiana freedom truck, the freedom bus. This is The promise of a hydrogen-based for these two amendments. I am a co- not only about cars. transportation sector is indeed very ex- sponsor of both. On a bigger scale than Every Member probably realizes the citing. As the chairman has pointed that, we are both from oil and gas importance of ultimately changing the out on numerous occasions, it is the States. Yet the Senator has taken a po- coinage of the energy and transpor- transportation sector demand that is sition that it is not just oil and gas tation sector from oil to something driving our dangerous and unwise, in that make up the future for the United else. Although we are an oil- and gas- my opinion, reliance on foreign oil im- States. We have to look at a variety of producing State, and I am proud of the ports. We must begin to free ourselves alternatives. oil and gas that we produce, we know from that relationship, and this The Senator has done a superb job even in Louisiana that the future calls amendment, with the underlying tech- working on nuclear issues. The two for a greater mix, and the new nuclear nology, gives us a real opportunity, not proposed amendments on nuclear are reactors could really be what we need in 50 years, not in 20 years, but within clearly relevant. We are moving ahead in terms of freeing ourselves from im- the next few years, in this decade, to in those areas in the appropriations ported oil. begin exploring new technologies that process. The Senator will have the as- Our recent engagement in the Middle keep our environment clean, that give surance that both are covered by ap- East and the festering instabilities us the freedom we deserve and we ex- propriations if, indeed, Senator BINGA- there, make it very clear the sooner we pect, and also is well within our eco- MAN and the others bring it back from wean ourselves from imported oil the nomic means of achieving. conference with the amendments. better. Hydrogen, either through direct It is very exciting, but unless we Ms. LANDRIEU. Will the Senator combustion or through fuel cells, plant the seeds of a realistic means of yield?

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1845 Mr. DOMENICI. I yield. place to use our money. This is not the The authors argue that they ‘‘fixed’’ Ms. LANDRIEU. I appreciate those time to spend $19 billion. their provision by requiring the states remarks. The Senator from New Mex- The authors of the section 822 say it to hold a public notification of the in- ico has been an extraordinary leader in is voluntary, but who will turn down a tent to scrap vehicles and then provide this field of nuclear energy. potential $1,000 to turn in an old car for parts salvage. How will a state pos- I compliment the industry. The Sen- and another $1,000 of taxpayer money sibly manage that, and what will it ator from New Mexico understands to buy a new one when someone else is cost the federal government? Again, we that the oil and gas industry has been, paying? don’t know. in the last couple of years, broadening I ask my colleagues to vote down sec- A few short hours ago, my friend Sen- its horizons and outlook in welcoming tion 822 at 4:30. ator BINGAMAN stated, ‘‘I don’t see why these new sources of energy. They are As Senators, we have an obligation it is in the public interest to strike a turning themselves from oil companies to make decisions based on informa- provision that enables the Secretary of to energy companies, from gas compa- tion. Here, the authors of section 822 Transportation to pursue this to the nies to energy companies, opening up are asking you to make a decision extent that the Appropriations Com- possibilities for new sources of energy. based on no information because no mittee puts funds in to support the I commend the industry and hope studies or hearings were ever held that program.’’ Normally, we know how this bill that Senator DOMENICI has would legitimize the Federal subsidiza- much money something costs before we worked on so hard will compliment the tion of car scrappage programs. buy it. work in the private sector to help this Again, the authors of 822 argue that I ask you not to buy this ill con- country get to the freedom we need compelling states to establish ceived Federal subsidization scrappage from imported sources so we can set scrappage and repair programs to get program of old cars and welfare for the our own destiny. older cars off the road is a voluntary wealthy. Section 822 will hurt the most I am proud to be a sponsor of this program. Further, they argue that vulnerable of our citizens, hurt small amendment and others like it. some states already have scrappage businesses, and hurt U.S. taxpayers. The PRESIDING OFFICER. The Sen- programs. I yield the floor. Well, if States want scrappage pro- ator from New Mexico. The PRESIDING OFFICER. The Sen- Mr. BINGAMAN. I compliment the grams then they should be able to es- ator from New Mexico. Senator from Louisiana also for her tablish their own—why should the Fed- Mr. BINGAMAN. Mr. President, first, amendment earlier agreed to. We eral Government have any role in that as I indicated, I am disappointed the which States can do already do? worked hard with her and her staff to Senator from Colorado felt obligated to Furthermore, the authors of section be sure this amendment could be in- offer this amendment. Having heard his 822’s reliance on some states choosing concerns and the concerns of others, I cluded in the bill. I am glad it is in the to establish scrappage program is mis- urge all Senators to support his amend- bill. leading. Current state programs seek What is the regular order? ment. My view is this is not an amend- to address poor emissions quality, a se- ment that justifies having a vote on AMENDMENT NO. 3007 rious health concern. The PRESIDING OFFICER. There is Section 822 assumes that older cars the Senate floor, but he is insisting on a vote at 4:30 with respect to the Camp- have poor fuel efficiency and creates an one, so evidently we will go through it bell amendment. expensive carrot and stick approach to and have a rollcall vote and bring all Mr. BINGAMAN. How much time re- compel states and individuals to par- Senators to the floor to vote for the mains on both sides? ticipate in a completely new and un- amendment. The PRESIDING OFFICER. Four tested program. Mr. CAMPBELL. Will the Senator minutes thirty seconds on the Sen- In any event section 822 does not pro- yield? ator’s time and 2 minutes for the Sen- vide any means testing ensuring that Mr. BINGAMAN. I yield the floor. ator from Colorado. only fuel inefficient vehicles are Mr. CAMPBELL. If our colleagues on Mr. BINGAMAN. I yield the floor. scrapped. Therefore, a 1986 Ford Escort the other side of the aisle do not need Mr. CAMPBELL. Mr. President, I ask getting 41 city miles per gallon would a recorded vote, we do not, either. If he unanimous consent to have Senator be treated the same as a Cadillac Se- is willing to accept this amendment, I SMITH of New Hampshire added as a co- ville of the same year that gets a mere am sure the minority would, too, and I sponsor of this amendment, and I yield 17 miles per gallon. The only qualifying ask unanimous consent to vitiate the myself the remainder of the time. criteria would be that they are both recorded vote. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without 1986 automobiles. objection, it is so ordered. The authors of section 822 state that objection, it is so ordered. Mr. BINGAMAN. Mr. President, be- Mr. CAMPBELL. Colleagues, section no one is penalized, that only individ- fore we do the voice vote, which I gath- 822 is a bad idea. Under section 822, we uals choosing to participate would be er is what the Senator from Colorado are going to allow the DOE to give affected. Yet, the truth is that every- would like on his amendment, let me grants to take 15-year-old, and possibly one is captured by this program. more, fuel-efficient cars, which would The reduced supply of car parts read some provisions or sections of a rarely be driven, off the highways and translates to increased costs for low letter we received from the Auto- then turn around and offer another and fixed income people who cannot af- motive Service Association. This is a letter to Senator DASCHLE, grant of taxpayer-funded money to peo- ford to buy a federal government sub- dated February 25, an organization ple who want to purchase a new car sidized, DOE approved vehicle. which may be less fuel efficient than Further, there are 38 million cars with 15,000 members nationwide. It has the ones to be taken off the highway that could be affected. If just one quar- 300 members in Colorado, my col- and will probably be driven more be- ter of those owners chose to get $1,000 league’s home State. It says: cause they are newer. for scrapping their car, and then an- DEAR SENATOR DASCHLE: I want to thank How do we sell that under the guise other tax payer subsidized $1,000 credit you for your efforts on behalf of the auto- of fuel efficiency? States have the abil- motive aftermarket in the development of to buy a new DOE approved vehicle, Senate Bill 517, the energy policies act of ity to have scrappage programs—many the total cost to all U.S. taxpayers, 2002. do. Some offer between $1,000 and $2,000 whether they ‘‘volunteer’’ to partici- The Automotive Service Association is the per car to be scrapped. In the suggested pate or not, would be $19 billion. largest and the oldest trade association rep- grant to take older cars out of circula- Well, that seems to be a lot of resenting independent automotive repair fa- tion, if one-fourth of the 38 million cars money—that’s because it is. I would cilities in the United States.... 15 years or older were funded, it would have my friends note that at no time Your revised Section 832, Assistance for cost taxpayers $19 billion. Maybe I am did the authors of section 822 state that State Programs to Retire Fuel-Inefficient Motor Vehicles, includes both a repair and missing something, but I did hear we this provision would not be terribly ex- recycling facilities. This assists mechanical have lost our huge surplus of last year pensive. They didn’t defend their meas- and coalition repair facilities. Quite frankly, and may, in fact, be in deficit this ure as fiscally responsible because they many of these older vehicles would not re- year. It seems to me we have a better don’t know if it is or not. ceive fuel-efficiency related repairs without

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1846 CONGRESSIONAL RECORD — SENATE March 13, 2002 some incentive. This legislation will provide Mr. BINGAMAN. I yield all time. mercial nuclear industry, and other organi- the opportunity for these vehicles to receive The PRESIDING OFFICER. The zations in the investigation of technologies the necessary maintenance. question is on agreeing to the amend- for the treatment, recycling, and disposal of Allowing the salvage of valuable parts en- ment. spent nuclear fuel and high-level radioactive hances competition in the parts market- waste. places as well as makes sense for the envi- The amendment (No. 3007) was agreed (3) ACTIVITIES.—The Associate Director ronment. to. shall— We appreciate the efforts that you and Mr. DOMENICI. Mr. President, I (A) develop a research plan to provide rec- Chairman Jeff Bingaman have made to al- move to reconsider the vote. ommendations by 2015; leviate many of the concerns our industry Mr. CAMPBELL. I move to lay that (B) identify promising technologies for the has had with this legislation. We support the motion on the table. treatment, recycling, and disposal of spent bill and look forward to a continued working The motion to lay on the table was nuclear fuel and high-level radioactive relationship with you and your staff. waste; ASA is contacting automotive repairers in agreed to. (C) conduct research and development ac- South Dakota and New Mexico to inform AMENDMENT NO. 3009 tivities for promising technologies; them of your efforts. Mr. DOMENICI. Mr. President, I have (D) ensure that all activities include as Signed by Robert Redding, Jr., on be- an amendment with reference to an Of- key objectives minimization of proliferation half of the Automotive Service Asso- fice of Spent Nuclear Fuel Research. I concerns and risk to the health of the gen- ciation. send it to the desk and ask for its im- eral public or site workers, as well as devel- opment of cost-effective technologies; Mr. President, I ask unanimous con- mediate consideration. sent this entire letter be printed in the (E) require research on both reactor- and The PRESIDING OFFICER. Without accelerator-based transmutation systems; RECORD at the conclusion of my re- objection, the pending amendments are (F) require research on advanced proc- marks. set aside. The clerk will report. essing and separations; The PRESIDING OFFICER. Without The bill clerk read as follows: (G) include participation of international objection, it is so ordered. collaborators in research efforts, and provide The Senator from New Mexico (Mr. DOMEN- (See exhibit 1.) funding to a collaborator that brings unique ICI) proposes an amendment numbered 3009. Mr. BINGAMAN. Mr. President, I be- capabilities not available in the United lieve this is good public policy to Mr. DOMENICI. I ask unanimous States if the country in which the collabo- enact, along the lines we have talked consent the reading of the amendment rator is located is unable to provide for their about here. But since my colleague and be dispensed with. support; and The PRESIDING OFFICER. Without (H) ensure that research efforts are coordi- others have indicated concern about in- nated with research on advanced fuel cycles cluding it in the energy bill, I have no objection, it is so ordered. The amendment is as follows: and reactors conducted by the Office of Nu- problem with it being deleted. clear Energy Science and Technology. I urge all Senators to support the (Purpose: To establish an Office within the (f) GRANT AND CONTRACT AUTHORITY.—The amendment of the Senator from Colo- Department of Energy to explore alter- Secretary may make grants, or enter into rado. native management strategies for spent contracts, for the purposes of the research I yield the floor. nuclear fuel) projects and activities described in this sec- On page 123, after line 17, insert the fol- EXHIBIT 1 tion. lowing: (g) REPORT.—The Associate Director shall AUTOMOTIVE SERVICE ASSOCIATION, SEC. 514. OFFICE OF SPENT NUCLEAR FUEL RE- annually submit to Congress a report on the Bedford, TX, February 25, 2002. SEARCH. activities and expenditures of the Office that Hon. TOM DASCHLE, (a) FINDINGS.—Congress finds that— describes the progress being made in achiev- Majority Leader, U.S. Senate, (1) before the Federal Government takes ing the objectives of this section. Washington, DC. any irreversible action relating to the dis- DEAR SENATOR DASCHLE: I want to thank Mr. DOMENICI. Mr. President, I in- posal of spent nuclear fuel, Congress must you for your efforts on behalf of the auto- troduce an amendment creating a new determine whether the spent fuel in the re- motive aftermarket in the development of pository should be treated as waste subject DOE Office of Spent Nuclear Fuel Re- Senate Bill 517, the Energy Policy Act of to permanent burial or should be considered search. This new Office would organize 2002. a research program to explore new, im- The Automotive Service Association is the an energy resource that is needed to meet fu- largest and oldest trade association rep- ture energy requirements; and proved national strategies for spent nu- (2) national policy on spent nuclear fuel resenting independent automotive repair fa- clear fuel. may evolve with time as improved tech- cilities in the United States. These collision, Spent fuel has immense energy po- nologies for spent fuel are developed or as mechanical and transmission small business tential—that we are simply tossing national energy needs evolve. members are located in all fifty states and away with our focus only on a perma- (b) DEFINITIONS.—In this section: several foreign countries. nent repository. We could be recycling Your revised Section 832, Assistance for (1) ASSOCIATE DIRECTOR.—The term ‘‘Asso- ciate Director’’ means the Associate Direc- that spent fuel back into civilian fuel State Programs to Retire Fuel-Inefficient and extracting additional energy. We Motor Vehicles, includes both a repair and tor of the Office. recycling option. This assists mechanical (2) OFFICE.—The term ‘‘Office’’ means the could follow the examples of France, and collision repair facilities. Quite frankly, Office of Spent Nuclear Fuel Research within the U.K., and Japan in reprocessing the many of these older vehicles would not re- the Office of Nuclear Energy Science and fuel to not only extract more energy, ceive fuel-efficiency related repairs without Technology of the Department of Energy. but also to reduce the volume and tox- (c) ESTABLISHMENT.—There is established some incentive. This legislation will provide an Office of Spent Nuclear Fuel Research icity of the final waste forms. the opportunity for these vehicles to receive within the Office of Nuclear Energy Science It is too bad we did not start with the necessary maintenance. this emphasis and organization within Allowing the salvage of valuable parts en- and Technology of the Department of En- hances competition in the parts marketplace ergy. the last 15 or 20 years. But we were on as well as makes sense for the environment. (d) HEAD OF OFFICE.—The Office shall be a path that said under no conditions We appreciate the efforts you and Chair- headed by the Associate Director, who shall would we do this. We thought it would man Jeff Bingaman have made to alleviate be a member of the Senior Executive Service add to the nonproliferation potential. many of the concerns our industry has had appointed by the Director of the Office of We thought we would set an example with this legislation. We support the bill and Nuclear Energy Science and Technology, and and nobody would do it, so we would compensated at a rate determined by appli- look forward to a continued working rela- not produce any additional plutonium. tionship with you and your staff. cable law. ASA is contacting automotive repairers in (e) DUTIES OF THE ASSOCIATE DIRECTOR.— What happened is we stayed in our South Dakota and New Mexico to inform (1) IN GENERAL.—The Associate Director rut, thinking it was going to be world- them of your efforts. shall be responsible for carrying out an inte- wide, while other countries decided Sincerely, grated research, development, and dem- ours was a rather imprudent policy and ROBERT L. REDDING, Jr. onstration program on technologies for they have proceeded. I just enumerated Mr. CAMPBELL. Mr. President, I treatment, recycling, and disposal of high- the countries that have done that. level nuclear radioactive waste and spent nu- I support continued progress at yield the remainder of my time and clear fuel, subject to the general supervision urge the adoption of the amendment. of the Secretary. Yucca Mountain and appreciate the The PRESIDING OFFICER. Does the (2) PARTICIPATION.—The Associate Director President’s decision to move ahead to- Senator from New Mexico yield back shall coordinate the participation of na- ward licensing of it as our Nation’s his time? tional laboratories, universities, the com- first permanent repository for high

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1847 level waste. But, I have frequently sug- It requires that we focus on research cluding development of business ar- gested that our single-minded focus on programs that minimize proliferation rangements for building and operating this ‘‘solution’’ for spent fuel does not and health risks from the spent fuel. new plants in the United States. I ap- serve our Nation well. It is simply not And it requires that we study the eco- preciate that it would pursue develop- obvious that permanent disposal of nomic implications of each technology. ment of the two most promising classes spent fuel is in the best interests of all With this new Office and its research of advanced reactors, either water- or our citizens. It’s even less obvious to program, the United States will be pre- gas-cooled systems. me that we should equate the terms pared, some years in the future, to Mr. CRAIG’s inclusion of inter- ‘‘spent fuel’’ and ‘‘waste.’’ make the most intelligent decision re- national collaboration is also critical, Since Yucca Mountain can’t accom- garding the future of nuclear energy as just as I want to encourage such par- modate all the spent fuel from our cur- one of our major power sources. Maybe ticipation in development of improved rent generation of nuclear plants, we at that time, we’ll have other better strategies for spent fuel. Many coun- clearly either need a better solution or energy alternatives and decide that we tries have strong nuclear energy pro- more repositories. Given the level of can move away from nuclear power. Or grams, we can achieve mutual goals local public support enjoyed by Yucca we may find that we need nuclear en- faster and cheaper if we work together, Mountain, I don’t think any of us ergy to continue and even expand its just as is now happening with the ten- should relish the prospect of creating current contribution to our nation’s nation effort toward the Generation IV more Yucca Mountains. power grid. In any case, this research reactor. Depending on our future demands will provide the framework to guide I share the vision of Mr. CRAIG that and options for electricity, we may Congress in these future decisions. the Nuclear Power 2010 program will need to recover the tremendous energy Mr. President, while I have the floor, result in a new reactor in this country that remains in spent fuel. And strong I also want to speak briefly to three in the next decade. That will be an im- public opposition to disposal of spent other amendments on nuclear energy portant step in demonstrating to our fuel, with its long-term radio toxicity, issues, presented by my colleagues, Ms. citizens and to the world that the may preclude use of repositories that LANDRIEU and Mr. CRAIG. I greatly ap- United States is not going to be left by simply accept and permanently store preciate their interest in this impor- the wayside while other countries pur- spent fuel. tant technology. I strongly support sue this vital energy source. If the research program led by this these additional amendments and am a Tomorrow or next week, whichever is new office is successful, we can recover cosponsor of each one. most accommodating, I will take the the residual energy in spent fuel. And Ms. LANDRIEU has two amendments. floor and tell the American people we could produce a final waste form One notes the important role that hy- what is in this bill regarding the future that is no more toxic, after a few hun- drogen may play in future transpor- for nuclear energy. Many things have dred years, than the original uranium tation strategies for the nation, either already been adopted and put in the ore. I was very pleased that the Presi- directly as a fuel or in fuel cells. Either bill by the sponsors, but we now have, dent specifically endorsed these studies of these approaches could lead to a with this amendment before the Senate of reprocessing and transmutation in transportation sector that is virtually or put in the bill, all of the amend- the national energy policy. emission free. This is a great vision, ments that Senators who have been fol- I am well aware that reprocessing is but it depends on, among several chal- lowing and working in this area not viewed as economically practical lenges, identification of a cheap reli- thought were important to its future. now, because of today’s very low ura- able supply of hydrogen. They will now be encapsulated in this nium prices. Furthermore, I fully rec- Hydrogen can either be made from with the adoption of this, which is our ognize that it must only be done with water using electricity, or from several last one. careful attention to proliferation chemical processes involving heat. NUCLEAR WASTE issues. But I submit that the U.S. Senator LANDRIEU’s amendment asks Mr. REID. I want to confirm that ac- should be prepared for a future evalua- that the Nuclear Energy Research Ini- ceptance of this amendment does not tion that may determine that we are tiative specifically explore the use of create any opportunity to discuss nu- too hasty today to treat spent fuel as nuclear reactors for hydrogen produc- clear waste issues in conference. waste, and that instead we should have tion. Mr. DOMENICI. I agree with the Sen- been viewing it as an energy resource Reactors are well suited to such a ator’s view. I will be a conferee on this for future generations. challenge. They could supply elec- bill. I assure the Senator that I will re- We do not have the knowledge today tricity in off-peak hours. Or, some sist any attempt to open the con- to make this decision. This amendment types of advanced reactors would pro- ference to discussion of waste issues. I establishes a research program to vide an ample heat resource. In fact, in would also like to note that, as stated evaluate options to provide real data Japan, their research on one form of in the amendment, the national labora- for such a future decision. advanced reactor is focused on hydro- tories will play strong roles in this This research program would have gen production. work. In fact, from our positions on the other benefits. We may want to reduce Her second amendment encourages Energy and Water Development Sub- the toxicity of materials in any reposi- the Nuclear Regulatory Commission to committee on Appropriations, let’s tory to address public concerns. Or we explore licensing issues, which may work together to ensure their partici- may find we need another repository in arise with advanced reactor designs. pation. the future, and want to incorporate ad- Her legislation would allow the NRC to I thank Senator BINGAMAN in ad- vanced technologies into the final pursue this research without tapping vance of agreeing to this for his help on waste products at that time. We could, income collected from licensees, it, for what he has done in the bill with for example, decide that we want to through use of appropriated funds. This reference to not only the Price-Ander- maximize the storage potential of a fu- is a good idea, and one that is already son, which he took the lead on even ture repository, and that would require encouraged in the appropriations proc- though it was not his amendment, but some treatment of the spent fuel before ess. all the other provisions he has put in final disposition. Mr. CRAIG’s nuclear energy amend- that will create a level playing field This amendment requires that a ment authorizes the Nuclear Power and modernize Americans’ ability to range of advanced approaches for spent 2010 program, as proposed by the Ad- utilize nuclear power if they choose, fuel be studied with the new Office of ministration to begin in fiscal year since it will not pollute the environ- Spent Nuclear Fuel Research. It en- 2003. This builds on and expands the ment and can be part of a national pro- courages the Department to seek inter- work pursued in the Nuclear Energy gram to do that. national cooperation. I know, based on Technology Program that has been The PRESIDING OFFICER. The Sen- personal contacts, that France, Russia, funded for the last two years. ator from New Mexico. and Japan are eager to join with us in Under this new program the DOE Mr. BINGAMAN. Mr. President, let an international study of spent fuel op- would seek industrial proposals for me say with the colloquy my colleague tions. joint venture teams to participate, in- from New Mexico has entered into the

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1848 CONGRESSIONAL RECORD — SENATE March 13, 2002 RECORD between himself and Senator nominees, Mr. Emil Frankel, to be As- NATIONAL LABORATORIES PART- REID, I think all concerns that have sistant Secretary of Transportation, NERSHIP IMPROVEMENT ACT OF been raised on our side are resolved. and Jeffrey Shane, to be Associate Dep- 2001—Continued There is no objection to the adoption of uty Secretary of Transportation. AMENDMENTS NOS. 3010 AND 3011, EN BLOC, TO the amendment. I, again, urge the holds that are AMENDMENT NO. 2917 The PRESIDING OFFICER. Without being placed on these nominations to Mr. BINGAMAN. Mr. President, I objection, the amendment is agreed to. move forward. It is been 3 months since send two amendments to the desk and The amendment (No. 3009) was agreed they were reported unanimously out of ask that they be considered en bloc and to. the Commerce Committee. adopted en bloc. I believe they have Mr. DOMENICI. Mr. President, I been cleared on both sides. I know both individuals and they are move to reconsider the vote. The PRESIDING OFFICER. Without Mr. MURKOWSKI. I move to lay that highly qualified. Both of them are objection, the pending amendments are motion on the table. nominated for very important jobs in set aside. The motion to lay on the table was the Department of Transportation. All The clerk will report the amend- agreed to. of us know, in light of the events of ments. Mr. MURKOWSKI. Mr. President, I September 11, that these jobs are vital The assistant legislative clerk read rise in support of the amendment by to America’s security. as follows: the senior Senator from New Mexico. I I said earlier in my remarks that I The Senator from New Mexico [Mr. BINGA- appreciate the junior Senator’s accept- had not put a hold on a nominee. What MAN] proposes amendments numbered 3010 ance of it. I meant to say—and I would like to and 3011 en bloc to amendment No. 2917. The amendment, as noted, estab- correct the record at this time—is that Mr. BINGAMAN. Mr. President, I ask lishes an Office of Spent Fuel within I have put holds on nominees, but I unanimous consent reading of the the Department of Energy. It is impor- have never done so anonymously. I amendments be dispensed with. tant that Congress address the range of have stood up and said that I had holds The PRESIDING OFFICER. Without alternatives to deal with spent fuel on nominees. On the holds I have put objection, it is so ordered. from nuclear reactors. This amend- on over the years, I have been here and The amendments, en bloc, are as fol- ment goes a long way to accomplish stated my reasons why. I have not done lows: that. so anonymously. AMENDMENT NO. 3010 I have served here 21 years with Sen- I hope the unnamed Member or Mem- (Purpose: To include biobased polymers and ator DOMENICI. He has been a tireless chemicals in the biofuels program) advocate of pursuing the advancement bers who have a hold on Mr. Shane and Mr. Frankel will come forward. So, I On page 405, strike line 16 and all that fol- of nuclear energy. Last year he intro- lows through line 23, and insert the fol- duced S. 472, which is a comprehensive hope, again, that the Senate will con- lowing: energy bill and nuclear bill, and the sider these two highly qualified nomi- (6) BIOFUELS.—The goal of the biofuels pro- committee held several hearings. He nees. If there are areas that are not re- gram shall be to develop, in partnership with understands we must have a diverse lated to these nominees, as far as industry— and responsible energy mix if we ever transportation is concerned, I will be (A) advanced biochemical and hope to reduce our dependence signifi- pleased to work with any Member to thermochemical conversion technologies ca- try to get those concerns satisfied. pable of making liquid and gaseous fuels cantly on Saddam Hussein and his oil. from cellulosic feedstocks that are price- Currently, nuclear energy provides 20 Again, I would like to correct the competitive with gasoline or diesel in either percent of the electricity in this coun- record when I stated earlier that I had internal combustion engines or fuel cell ve- try. It is taken for granted by many. It never put a hold on a nominee. I have hicles by 2010; and is a clean, nonemitting generation and never anonymously put a hold on a (B) advanced biotechnology processes capa- produces no greenhouse gases, no SOx, ble of making biofuels, biobased polymers, nominee. And I have forced votes on and chemicals, with particular emphasis on no NOx. There are 103 operating reac- other nominees as well. tors in 31 States. the development of biorefineries that use en- zyme based processing systems. Senator DOMENICI’s Office of Spent I hope the holds on Mr. Frankel and Fuel is an important part of the future Mr. Shane will be removed soon. We For purposes of this paragraph, the term ‘‘cellulosic feedstock’’ means any portion of of nuclear energy in this country, and are in danger of losing those individ- uals because, understandably, after a a food crop not normally used in food pro- we must deal with the issue of spent duction or any non-food crop grown for the fuel. This will require research on all period of 3 months, they have to get on purpose of producing biomass feedstock. fronts. with their lives. And that certainly is The language of the amendment was understandable. AMENDMENT NO. 3011 part of S. 1287, the Nuclear Waste Act So I hope we will move forward with (Purpose: To direct the Secretary of Energy amendments that passed the Senate in their nominations soon and the holds to study designs for high temperature hy- the last Congress. The office would ex- will be lifted. Again, I stand ready to drogen-producing nuclear reactors) amine the treatment, recycling, and work with any Member who has a hold On page 443, strike lines 21 through page disposal of high-level reactive wastes on their nominations if there is any 444, line 2 and insert the following: (2) examine— and spent fuel, and consequently I way we can resolve any problems that strongly urge its support. I thank the (A) advanced proliferation-resistant and they might have. passively safe reactor designs; Members for the adoption of this I also state that I never put a hold on (B) new reactor designs with higher effi- amendment. ciency, lower cost, and improved safety; I suggest the absence of a quorum. a nominee because there was some un- (C) in coordination with activities carried The PRESIDING OFFICER. The related issue. I put holds on nominees out under the amendments made by section clerk will call the roll. in the past because I did not think they 1223, designs for a high temperature reactor The bill clerk proceeded to call the were qualified, and I stated so. capable of producing large-scale quantities roll. So I hope that clarifies the record on of hydrogen using thermo-chemical proc- esses; Mr. MCCAIN. Mr. President, I ask that. But that does not detract from (D) proliferation-resistant and high-burn- unanimous consent the order for the the fact—whether I ever did or did up nuclear fuels; quorum call be rescinded. not—that these are two qualified nomi- (E) minimization of generation of radio-ac- The PRESIDING OFFICER. Without nees. It has now been over 3 months tive materials; objection, it is so ordered. since they were reported out of the (F) improved nuclear waste management f Commerce Committee and they deserve technologies; and to have the opportunity to serve. (G) improved instrumentation science; DEPARTMENT OF The PRESIDING OFFICER. The Sen- TRANSPORTATION NOMINATIONS I yield the floor. ator from Alaska. Mr. MCCAIN. Mr. President, I come The PRESIDING OFFICER. The Sen- Mr. MURKOWSKI. Mr. President, the to the floor to talk again about two ator from New Mexico. amendments have been cleared on this

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1849 side, and we are in total agreement cause, if Senator KYL’s amendment is Also, the issue of the pickup truck, I with the majority and recommend ac- adopted, then it wipes out everything think, spoke for a majority concerning ceptance. in front of it anyway. So I hope Sen- safety issues. The PRESIDING OFFICER. Without ator KYL can give us some time tonight I wouldn’t be surprised before we are objection, the amendments are agreed so we can complete action on this mat- out of here if we also have an amend- to. ter tomorrow. ment that addresses the Suburbans and The amendments (Nos. 3010 and 3011), Mr. MURKOWSKI. If I may respond SUVs relative to safety. en bloc, were agreed to. to the majority whip, I am in complete The point I would like to leave with Mr. MURKOWSKI. I move to recon- agreement. We do not have a time Members today is that we are rapidly sider the vote. agreement yet among ourselves. I as- diminishing excuses for not opening up Mr. BINGAMAN. I move to lay that sume the leadership will set the time ANWR and recognizing that, indeed, motion on the table. for us to come in. But I encourage Sen- the argument that previously prevailed The motion to lay on the table was ators on our side to be prepared on reli- that we can simply make this up on agreed to. ability, which, as the majority whip in- CAFE standards is clearly not in the The PRESIDING OFFICER. The Sen- dicated, will be offered by Senator interest of a majority of the Senate, ator from Alaska. THOMAS in the morning. primarily for the reason of safety asso- Mr. MURKOWSKI. Mr. President, as I also encourage all Members on our ciated with Americans, and children in we come close to the hour of 5 o’clock, side, if they have other amendments particular, and the advantages of a I am not sure just what the remainder they intend to offer, I would like to get heavier car moving our children of the schedule is. I think we antici- the amendments in so we can antici- around. pate tomorrow morning starting on re- pate what we will have before us. I As we look at alternatives, I remind newables. would be willing at some point in time my colleagues who are in objection to The PRESIDING OFFICER. The Sen- to agree to a list of amendments that opening ANWR that they do bear re- ator from New Mexico. have been brought in by a certain time, sponsibility for coming up with alter- Mr. BINGAMAN. Mr. President, my let’s say, prior to the end of this week, natives that are realistic. Certainly understanding is that we will spend something of that nature. But we can from our side, ANWR is realistic. And several hours tomorrow, at least, deal- pursue that. the probability of a major discovery is ing with a couple of issues related to But I do agree with the majority second to none from the standpoint of electricity restructuring. One is a reli- whip that we should move along. The the geology of North America. ability amendment that we expect to renewable portfolio, as the Senator in- I think I have said enough for today. have offered. I believe Senator THOMAS dicated, probably will take some time. Anything I would say further would be is planning to offer that amendment. So I would be happy to work towards repetition of what I have said time and We will have debate and a vote. some time agreements as we proceed time again. In an effort to relieve my Then I intend to offer an amendment tomorrow. colleague from New Mexico and the on a renewable portfolio standard, Mr. REID. If I could propound a staff and the Presiding Officer, I yield which will then be followed by a pro- unanimous consent request, I ask the floor. posal by Senator JEFFORDS. And then unanimous consent that tomorrow, The PRESIDING OFFICER. The Sen- probably also there will be a proposal when we resume consideration of the ator from New Mexico. by Senator KYL. We will deal with, energy bill, at approximately 9:30 a.m., Mr. BINGAMAN. Mr. President, just hopefully, those three proposals, in- immediately following the prayer and to indicate to my colleague from Alas- cluding the issue of a renewable port- the Pledge of Allegiance, Senator ka, my interpretation of what occurred folio standard. After that, I don’t know THOMAS be recognized to offer his reli- today is perhaps somewhat different what the business will be. ability amendment. than his. My own view is we made some Mr. REID. If my friend will yield? The PRESIDING OFFICER. Is there substantial progress in getting agree- Mr. MURKOWSKI. Yes. objection? ment on provisions related to elec- Mr. REID. If I could just make this Mr. MURKOWSKI. Reserving the tricity restructuring; that is, the pack- comment, I think the two managers right to object, in fairness to Senator age of amendments Senator THOMAS have a great plan: in the morning come THOMAS, we have not had a chance to proposed and that we agreed to was a in and work on the Thomas legislation. contact him as to whether it would be very good effort on the part of our It is my understanding that he does not 9:30 or 10 o’clock, but I am not going to staff, the Republican staff, Senator want a time set. I think that is appro- object. THOMAS’s staff, various people who priate because there may be other Mr. REID. We will protect him until have been working very hard on that issues that come up. he gets here. set of issues. But I would hope that we could—if The PRESIDING OFFICER. Without My own view is, the bill was substan- we come in, say, at 9:30—complete ac- objection, it is so ordered. tially weakened by the two votes we tion on that by 12:15 or thereabouts, be- Mr. REID. We will attempt to work had related to CAFE standards in par- cause every Thursday we have the pol- with the managers to see if we can ticular. Clearly, the Senate was not icy luncheons, so we do not have votes work out something for this evening on willing to step up and ensure any kind from 12:30 to 2. time for renewability. If we can, it is of significant increased efficiency in We could do that and then move to the plan of the two managers that after the transportation sector in the com- the Bingaman amendment. Senator completing the Thomas amendment we ing years. That, to me, is a disappoint- JEFFORDS said he would agree to an will move to Bingaman, Jeffords, and ment, a weakening of the bill. hour and 15 minutes. So that would be then Kyl. I don’t see the logic that my col- 21⁄2 hours, if all that time were used. The PRESIDING OFFICER. The Sen- league from Alaska seems to read into I would hope, I say to the manager, ator from Alaska. everything: The lack of wisdom of the my friend from Alaska, that we could Mr. MURKOWSKI. Mr. President, it Senate in the area of CAFE standards get Senator KYL to agree on a time for would be inappropriate if I let a day go should justify additional lack of wis- his amendment tonight, so when we do by when I did not remind my col- dom in the area of opening ANWR to the wrap-up we could have it set that leagues that there was some signifi- drilling. But that is a debate for an- whenever we finish the reliability cance as to what we did during the day. other time. amendment—that is the Thomas Today, there has been a good deal of I do hope my colleague from Alaska amendment—we could immediately go conversation that, indeed, we could will offer his ANWR amendment at the into the mechanics set up for the make up by CAFE savings what we earliest possible date. Clearly, we can- Bingaman amendment, the Jeffords would generate by opening ANWR. The not move to complete action on this amendment, and the Kyl amendment, Senate, in its action—you notice I did bill until that much awaited event oc- and have an end for that. not reflect on wisdom—basically pre- curs. We have been hearing about his It seems it should not be difficult for cluded that, at least for the time being proposal on ANWR for many months. people to agree for times on that be- until we go to conference. We have had the opportunity now to

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1850 CONGRESSIONAL RECORD — SENATE March 13, 2002 have it offered for the last week and a political process. There is no future as relations with Israel. They cannot back half. We hope very much soon that will I look at the status quo extended into down from that. That is the very es- happen. the future—not for the people of Israel sence of where we have to go. I am con- With that, I yield the floor. and not for the Palestinians. cerned that some of the Arab countries The PRESIDING OFFICER. The Sen- Let me start out on a personal note. seem to be backing down from that. ator from Alaska. I have used this example several times But I do not believe this proposal Mr. MURKOWSKI. Mr. President, I while talking to other Minnesotans and should be ruled out. I do not believe a would certainly concur with my col- people I met with here in DC as well. proposal that at least attempts to league that we have made significant I was at a gathering where I was in a move us towards some kind of negotia- progress, particularly on that portion fairly sharp debate with some citizens tion and some kind of a peace process covering electricity. I remind my col- who were talking to me about what should be ruled out. Not all of it will be league that the transit of people, they consider to be the unfairness and acceptable. I can tell you that right goods, and services utilizes not elec- the wrongness of Israeli policies to- now. But I certainly would like to see tricity but oil. We are somewhat ex- wards the Palestinian people. In this the American Government in par- traordinary in this country inasmuch discussion, I turned to them and said: ticular somehow play a role in moving as we are about 3 percent of the popu- Listen, you have a right to make the from what has become an ever-growing lation, and we use about 25 percent of critique you are making. But I have cycle of violence and loss of life of in- the energy and contribute about a not heard you express any indignation nocent people to some kind of frame- third of the gross world product. We whatsoever about the Palestinian sui- work for negotiation and a political are pretty efficient, but nevertheless, cide bombers going to an Israeli teen- settlement. we don’t move in and out of Wash- ager pizza parlor with fragmentation Ultimately, the truth of the matter ington, DC, by hot air. Somebody has bombs and cluster bombs trying to ba- is that I am an American Jew. I am the to take the oil, whether it be oil com- sically murder as many Israeli teen- son of a Jewish immigrant who fled ing from Saddam Hussein, refine it, put agers as possible. I don’t mind your cri- from persecution in Ukraine. And then it in the airplanes. tique of some of Sharon’s policies. I his family moved to Russia. At the age Until we find another alternative, we have questions about some of them. of 17, he fled to our country. I will be are going to either have to make a But where is your indignation and your clear. I speak out of love for Israel. choice of increasing our dependence on anger about the murder of Israeli teen- And Israel as a country will exist. The imported sources such as Iraq or have agers? I condemn that. I condemn the security of Israel and the need of Israel the alternative of developing resources deliberate targeting of innocent people have to be met. here at home and preserving U.S. jobs and the murder of innocent people. As It is also true that the Palestinian and the U.S. economy rather than ex- Camus said, murder is never legiti- people will have their own nation. Pal- porting our dollars overseas. I hope the mate. estinians and Israelis have to live next wisdom of the Senate will prevail when Frankly, some of Arafat’s comments to one another, and they will have to we get to the ANWR amendment. have become increasingly militant in respect one another. That will happen. Mr. BINGAMAN. Mr. President, I the last several days. I certainly ques- My only question is, How much wider a suggest the absence of a quorum. tion some of his leadership. His state- river of blood has to be spilled before The PRESIDING OFFICER. The ments in the last several days—and, we get back to where we all know we clerk will call the roll. maybe even more importantly, some of need to go? So I want to, I guess in a The assistant legislative clerk pro- the actions taken by Arafat’s people— way, applaud the administration, ap- ceeded to call the roll. give me pause. plaud Secretary Powell for sending Mr. BINGAMAN. Mr. President, I ask But, by the same token, I want to be Tony Zinni there. unanimous consent that the order for really clear about this. I think it is I simply say that we need to be en- the quorum call be rescinded. really important that we have Tony gaged. Our Government can play a de- The PRESIDING OFFICER. Without Zinni in the Middle East. I think it is cisive, critical, and positive role. And objection, it is so ordered. critically important that our country we must do so. f play a positive role. I think it is criti- f cally important, as the administration MORNING BUSINESS has made clear—I said this to Sec- HELPING THE HELPLESS Mr. BINGAMAN. Madam President, I retary Bill Burton as well—that we Mr. WELLSTONE. Madam President, ask unanimous consent that there now make it clear to the extremists that I rise to express my puzzlement, my be a period of morning business with Zinni is not leaving on the basis of a dismay, as to why, as soon as possible, Senators permitted to speak for up to terrorist act here, there, or somewhere we can’t do a better job of helping peo- 10 minutes each. else. We are engaged. ple who are faced with some very com- The PRESIDING OFFICER (Ms. LAN- Frankly, the only future is a polit- pelling problems, very compelling DRIEU). Without objection, it is so or- ical settlement. Senator Mitchell was needs. dered. right. The Mitchell report I think lays What I am getting at is very simple. f out a brilliant framework—if we can And maybe this all becomes part of the just somehow get there again. budget resolution. I know the ranking THE MIDDLE EAST I don’t come to the floor with clear member of the Budget Committee is in Mr. WELLSTONE. Madam President, answers as to what to do, but I do know the Chamber. I wish to speak about the Middle East that an eye for an eye and the increas- I was on the Iron Range in Min- because the news from the Israeli and ing cycle of violence takes us nowhere nesota. These are people who have been the Palestinian territory grows dim- good—not for the Israelis, not for the spat out of the economy. They are tac- mer and deadlier by the day. Palestinians, not for our country, and onite workers. Royal TV has pulled the Terrorist attacks and reprisal raids not for the world in which we live. plug. Others are going into bank- have now merged into continuous car- I do not know. I think there are ruptcy. But I thought the discussion nage that looks increasingly indistin- many questions that can be raised would be about pensions, and that is guishable from all-out war. The Israelis about Crown Prince Abdullah’s pro- part of what people are worried about. and the Palestinians are being drawn posal and where Saudi Arabia is going. It is not just Enron. into a horrific cycle of revenge. I myself have questions about some of But I met more workers who were in Frankly, I think an eye for an eye the proposals. But, by the same token, their late fifties—57, 58 years old— and pain inflicted upon pain extended at least there is some hope here. We mainly men, some women; and they into the future will be an ever-wider shall see what happens at this Arab were all saying the same thing: ‘‘I had river of blood that will be spilled. I summit conference. a bout with cancer,’’ or, ‘‘I had a heart wonder how wide the river of blood has We really need to be talking—on the attack and I can’t get any coverage to be before we get back to some kind part of Saudi Arabia and other coun- anywhere.’’ They are terrified. They of political settlement—some kind of tries—about the full normalization of have no health care coverage. The

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1851 COBRA plan is $1,000 a month. They ference in the world, just to educate tion whether that could be right. But it can’t afford it. They are out of work, our children. seems to be the right number based on and they have these preexisting condi- To me, it is a choice. I make that the same information that we have tions, and the premiums are so high. choice. I will probably have an amend- been gathering before, that we have What are these people going to do? ment to give Senators a chance to de- been using before, and that is rather They are asking me for help. They are cide. There is an old Yiddish proverb incredible from the standpoint of the asking all of us for help. that says: You can’t dance at two wed- positive. I have to figure out a way—I guess we dings at the same time. We either go In a typical recession, real compensa- can have a vote on it—as to how we can forward with all these scheduled tax tion tends to stagnate along with pro- help people who are out of work cuts the way we want to do it—in ductivity. Businesses do not increase through no fault of their own. People which case we will not have the money compensation when workers are not have no coverage. They are terrified. for all of these other things, and we getting more productive. But in this We would be terrified. will cut the Community Policing Pro- high productivity recession, real com- So I keep thinking—my head spins— gram by 80 percent, cut the 7(a) Small pensation, believe it or not, has been there is education, special education, Business Program by 50 percent, cut relatively strong, not adversely af- and States saying: Please live up to the Job Training Program, and cut the fected by the recession. In other words, your commitment. In Minnesota, some low-income energy assistance program if you did not lose your job, you were of our school districts are letting off 20, by $300,000 and we will tell people we much better off during this recession 25 percent of the teachers. The class have no money to do any of these other than during previous ones. In turn, in- size is going up. The prekindergarten things or we will not go forward with creases in compensation helped support programs are being cut. But then we all these scheduled tax cuts. It is that the consumer demand which, in a very say we don’t have enough money. simple. real sense, fueled the fires in opposi- Other people are talking to me about I yield the floor. tion to the recession and the factors affordable prescription drugs—a huge f that were feeding it. issue—but we say we really do not have The second factor that made it mild- enough money to make sure the pre- THANK GOODNESS FOR ALAN er than expected was monetary policy. miums are down and the copays aren’t GREENSPAN AND THE TAX CUTS The Fed started cutting interest rates too high and the deductibles aren’t too Mr. DOMENICI. Madam President, in 2 months before the recession began high, and having catastrophic coverage my view, the recession that started and reduced rates to 1.75, the lowest that will work for people. We say we do last March is over and the economy is since 1961. In total, the Fed reduced not have money for that. in recovery. rates 11 times last year. Then on the whole question of what I The unemployment rate has dropped By contrast, during the last reces- just talked about, expanding health 2 straight months and is now at 5.5 per- sion, the Federal Reserve reacted more care coverage for people, we do not cent. Clearly, it was thought that the slowly and much less forcefully. Short- have the money for that. I just think it last unemployment report would show term rates were still 6 percent when is unacceptable. I think we have to that unemployment went up. That is the recession ended the last time we make some decisions about choices, what all the experts thought, even if had a recession. about how much money goes to the tax we were beginning a recovery. So for it The third factor was fiscal policy. cuts scheduled over X number of years, to belie that and come down is a very The tax cut enacted last year could not benefiting whom, and whether or not powerful indicator that, indeed, the re- have come at a better time. No one we are going to be able to do anything covery has started. knows exactly how much it contrib- when it comes to other really critically New orders and production are ex- uted to what I have just described, but important issues in our communities panding the manufacturing sector. Ex- obviously it had some positive impact. having to do with education, health cluding automobiles, retail sales have It was there at the right time, under care, job training, and affordable pre- increased for 5 straight months. Good the right circumstances, and it is one scription drugs, to mention just three news. of the few times in modern history that or four. I put affordable housing right We ought to be thankful that the re- a Congress has enacted a piece of legis- up there as well. cession was not deeper or longer than lation on time, in a timely manner, I am convinced affordable housing is it was. It now appears that the peak in rather than too late and too little. becoming the second most important the unemployment rate was 5.8 percent There are those who would argue education program. It breaks my heart: in December. The peak was 5.8 percent, that the last tax incentive to help with I don’t know how these 8- and 9- and 10- and that was a lot higher than anyone the recession bill was too late. I believe year-olds can do well in school when would like. No one likes to watch the that is the case. Nonetheless, those their families move two or three times unemployment rate go up. But we changes are all good changes that will a year because they do not have afford- ought to recognize that 5.8 percent is perhaps help the economy stay in this able housing. the lowest peak for any recession since upward moving direction in which we I do not know. I think soon we will 1945. Indeed, we have grown accus- find ourselves. get to this debate. I, for myself, have tomed to having extremely high unem- By using tax rebates as made it really clear. Listen, the Sen- ployment; and it is good that it did not downpayments on marginal tax rate ator from New Mexico, he is one of my go as high as it has in the past, as we cuts, we put money in the pockets of favorite Senators. The work we do on went through this set of impacts that I people and convinced them that there mental health is so important to me. I believe are behind us. were more tax cuts to come. I believe know he would not agree with what I Why was the recession so shallow? just doing the rate cuts alone would am about to say, but I will say it in the Why didn’t it linger on, as many not have helped the economy as much Chamber. I say it in Minnesota all the thought it would? In my view, a num- as they did in that format with those time. Other people can have better al- ber of factors played a role. understandings possible by our people. ternatives. First, there was a very high rate of The fourth factor is financial flexi- I am saying, forgo the tax cut for the productivity growth. Usually during a bility. Unlike the situation 10 years top 1 percent of the population—fami- recession, productivity growth is about ago or the situation in Japan today, lies who earn around $297,000 a year— zero. our banking system is very sound, and forgo it. And don’t eliminate the alter- During this recession, productivity so are our credit markets. Firms have native minimum tax. Don’t do it. That growth was 2.7 percent, which is faster a wide variety of options when they alone is $130 billion. That would fund than we usually get during economic want to raise funds, and households special education. That would put the expansion. And, indeed, the last quar- have been able to refinance their Federal Government on a glidepath, ter of reporting would say that the pro- homes at lower interest rates. That has within 5 years, to reach our full fund- ductivity growth was 5 percent. It is so put many billions of dollars in the ing, and in another 5 years to have full high and so robust that it permits a pockets of our people, when the refi- funding. That would make all the dif- Senator such as this one to even ques- nancing occurred. Some of that money

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1852 CONGRESSIONAL RECORD — SENATE March 13, 2002 went into purchases and acquisitions As an officer in the U.S. Army Corps against the harms that come out of that our people made by using some or of Engineers, Montgomery Meigs super- hate. The Local Law Enforcement En- all of the refinance bonus they received vised construction of the current Sen- hancement Act of 2001 is now a symbol because their equity was long. ate and House wings and the Capitol that can become substance. I believe Lower energy prices contributed to dome. During this project, Meigs kept that by passing this legislation, we can this occurring. Now we are noticing a detailed journal of his activities, change hearts and minds as well. that they are beginning to go up again, written in an obscure shorthand and rather dramatically—in fact, too much. only recently transcribed. This publi- f We must send a signal to those who cation provides rich new information RECOGNITION OF THE 90TH ANNI- would arbitrarily do that—and they on construction of the Capitol exten- VERSARY OF THE GIRL SCOUTS are—that we are busy producing an en- sion, and on politics and life in mid- ergy bill in both the House and Senate nineteenth-century Washington. Mr. LEVIN. Madam President, I that will have an impact on that kind The Meigs transcription and publica- would like to congratulate the Girl of capriciousness they exercise against tion project has been a collaborative Scouts of America on their 90th anni- our people through the economy they effort among a number of congressional versary. The Girl Scouts began on adversely affect. offices over the past decade, including March 12, 1912, when founder Juliette Does this mean we have nothing to the Secretary of the Senate, the Clerk Gordon Low assembled 18 girls in Sa- worry about regarding the economy? I of the House, the Architect of the Cap- vannah, GA, for the first ever Girl don’t think so. Another strike by ter- itol, and the Library of Congress. Wil- Scout meeting. She believed that all rorists could again do a great deal of liam Mohr, a retired Senate Official girls should be given the opportunity harm both to investors and to con- Reporter of Debates, translated the to develop physically, mentally, and sumers and, in particular, to con- shorthand, with financial support pro- spiritually. fidence. Probably it would be even a vided by the Senate Bicentennial Com- Girl Scouts of America has a current little more lasting than the last one mission and the U.S. Capitol Historical membership of more than three million because the strike on September 11 was Society. girls and adults, 150,000 of whom live in obviously a total surprise. Another This project has been guided through Michigan. There are also more than 50 strike of that magnitude or bigger to completion by the Senate’s very million Girl Scout alumnae throughout would prove we are vulnerable even able historian, Dr. Richard Baker, and our nation. Girl Scouts serve their when we are more vigilant. his dedicated staff. The idea originated communities, developing skills in a di- We also have to be concerned about in 1991 when Joe Stewart was Sec- verse array of activities including the flow of oil from the Middle East. retary of the Senate. It was Joe Stew- sports, media relations, education and There are those who would like to see art who ensured that the resources science while growing into the leaders a much wider area of conflagration in were made available to bring this fas- of tomorrow. that region, if for no other reason than cinating history to the American pub- One of this year’s Young Women of to hurt the United States. We have to lic. It should be noted that Dr. Baker is Distinction is Ms. Noorain Khan from apply our best efforts to ensure that the first Senate historian and he has Grand Rapids, MI. To earn this distinc- this does not happen. But apart from set a high standard indeed for every tion she worked on many projects in- these potential negative shocks, the Senate historian who will follow in his cluding one with the Islamic Center of economy seems to be recovering and footsteps. We in the Democratic Cau- Grand Rapids which serves a commu- cus have been pleased to listen to Dr. looks poised to enter a period of quite nity of 13,000 Muslims. She helped de- Baker’s ‘‘history minutes’’ each Tues- respectable economic growth—not a velop a grant proposal for a program to day at the start of our regular weekly boom, but that is all right. educate Muslim youth about their reli- Now it is our job to make sure we conferences. He has given us a deeper gion and culture, and better equip continue to focus on policies that will appreciation of the challenges previous them to make responsible decisions as Senators faced, the rich traditions of maximize the long-term growth poten- adults. Her grant proposal consisted of the Senate, and also the humor exhib- tial of our economy, including strong a preliminary curriculum outline, data ited in past times. His stewardship of national defense, homeland security, on demographics in the Islamic com- this project has been justly rewarded energy independence, as much as we munity and a job description for a pro- by the awarding of the George Pen- can do, and free trade. We also need to gram director. Though the grant has dleton Award to the Montgomery start paying attention to simplifying not yet been secured, a framework now Meigs Journals. and streamlining our Tax Code. It will exists for the Islamic center and for fu- Copies of this 900-page book are ture grant proposals. not wait forever. available from the Government Print- Together these policies will put us in All Girl Scout programs are based on ing Office and the Senate Gift Shop. I the Girl Scout Promise and Law and the best position to face the challenges highly recommend it to my colleagues ahead and improve the living standards Four Program Goals: developing self- and to anyone else who treasures the potential, relating to others, devel- of the American people. Capitol. f oping values and contributing to soci- f ety. To achieve these goals, they have HISTORICAL PUBLICATION AWARD LOCAL LAW ENFORCEMENT ACT established programs in foster homes, Mr. DASCHLE. Madam President, I OF 2001 homeless shelters, school yards and Na- am very pleased to note that a recent Mr. SMITH of Oregon. Madam Presi- tive American reservations. Further, Senate publication has won a pres- dent, I rise today to speak about hate the Girl Scouts of America have estab- tigious award. At its forthcoming an- crimes legislation I introduced with lished a research institute, received nual meeting, the Society for History Senator KENNEDY in March of last government funding to address vio- in the Federal Government will present year. The Local Law Enforcement Act lence prevention and are addressing the its George Pendleton Award to Senate of 2001 would add new categories to digital divide with activities that en- Historical Editor Wendy Wolff and the current hate crimes legislation sending courage girls to pursue careers in Senate Historical Office for the book a signal that violence of any kind is science, math and technology. entitled Capitol Builder: The Short- unacceptable in our society. Today, 90 years later, the organiza- hand Journals of Montgomery C. I would like to describe a terrible tion offers girls of all races, ages, Meigs, 1853–1861. The Pendleton Award crime that occurred June 21, 1997 in ethnicities, socioeconomic back- is given annually for ‘‘an outstanding Lansing, MI. Two gay men were at- grounds and abilities the chance to de- major publication on the Federal Gov- tacked with blow darts. The assailants, velop the real-life skills they’ll need as ernment’s history produced by or for a who targeted the victims because of adults. I am sure that my Senate col- Federal history program.’’ It com- their sexual orientation, were arrested leagues join me in commending the memorates former U.S. Senator George in connection with the incident. Girl Scouts on their first 90 years and Pendleton, who sponsored the 1883 civil I believe that government’s first duty look forward to them celebrating many service reform act that bears his name. is to defend its citizens, to defend them more.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1853 Mrs. BOXER. Madam President, this The statistics behind this global And I had the privilege of visiting week, celebrations throughout the Na- plague are shocking: with Tabu, a 28-year-old prostitute, tion will mark the 90th anniversary of Each year, a staggering three million who was leaving Arusha to return to the founding of Girl Scouts. I would people die of AIDS. Someone dies from her village to die. She stayed an extra like to take a few moments to ac- the disease every ten seconds. About day to meet with us, and I will never knowledge this great organization and twice that many, 5.5 million, or two forget her cheerful demeanor and mis- the profound impact it makes in the every ten seconds, become infected. chievous smile as we met in her small lives of girls and young women. That’s 15,000 a day. And what’s even stick-framed mud hut, no more than 12 Ninety years ago, Juliette Gordon more tragic is that 6,000 of those in- by 12. Her two sisters are also infected, Low assembled a group of girls in Sa- fected each day are young—between another sister has already died. Tabu vannah, GA, for the first meeting of ages 15 and 24. Globally, as many as 40 will leave behind an eleven year old Girl Scouts. Her goal was to provide an million are infected. Africa is hit par- daughter, Adija. environment where girls could develop ticularly hard. Of those infected, 70% At home in Tennessee, or even here physically, mentally and spiritually. are in Africa. In Botswana alone, one in Washington, D.C., Uganda and Tan- Those goals are unchanged today, with out of every three individuals is in- zania feel very far away. But the nearly 4 million girls and adults cur- fected. plague of HIV/AIDS and the chaos, de- rently holding membership in Girl And the toll on families is incalcu- spair and civil disorder it perpetrates Scouts. Even more impressive is that lable. 13 million children have been or- only leads to the demise of democracy more than 50 million women in the phaned by AIDS, mostly in Africa. Pro- in a country, in a continent, in the United States today claim a Girl Scout jections for the next ten years are so- world. Without civil institutions, there experience in their past. bering—the orphan population may is disorder. Last year in South Africa, While focused on its goal to help indi- well grown to 40 million—the number one in every 200 teachers died of AIDS. vidual girls thrive, Girl Scouts has also equivalent to all children living east of In Kenya, 75 percent of deaths on the known that it can make an important the Mississippi River here in the U.S. police force are from AIDS. HIV-re- difference in our Nation’s cultural life. But Africa is not alone. India, with lated deaths among hospital workers in From its beginnings, Girl Scouts has over 4 million cases, is on the edge of Zambia have increased 13 times in over maintained a commitment to inclu- an explosive epidemic. China is esti- a decade. In the wake of these losses, siveness. It has encouraged diversity in mated to have as many as 10 million economies are devastated. Botswana’s its ranks, in its leadership and in the infected persons. The Caribbean sadly economy is projected to shrink by 30 broad variety of public service pro- boasts one of the highest rates of infec- percent in ten years. Kenya’s economy grams Girl Scouts pursue. tion of any region in the world. East- will see a 15 percent decline. Family in- I ask my colleagues to join me today ern Europe and Russia report the fast- comes in the Ivory Coast have declined in acknowledging the anniversary of est growth of AIDS cases, 11 times over by 50 percent while expenditures for Girl Scouts. I think that if Juliette during a three year period. And even health care have risen by 4000 percent. Gordon Low were to visit a Girl Scout worse—90 percent of those infected do The orphans of Africa are left with- Troop today, she would rightfully be not know they have the disease. There out parents, without teachers, without very proud of what she would see. role models and leaders. They are sus- ∑ Mr. HOLLINGS. Madam President, I is no cure. There is no vaccine. And it want to congratulate the Girl Scouts of is increasing in numbers. ceptible to recruitment by criminal or- As ranking member of the African the USA on celebrating its 90th anni- ganizations, revolutionary militias, Affairs subcommittee of the Foreign versary. Last night I attended the an- and terrorists. Terrorism could become Relations Committee, I have a commit- niversary banquet with my wife, a way of life—not only for maniacal ment to increase public awareness of Peatsy, who has been involved with the cults but for a generation. September Girl Scout leadership for many years. the HIV pandemic in Africa, and most 11 taught us how small our world really It never ceases to amaze me how this importantly, to develop a strategy to is. And how great the responsibility be- organization, with a membership of al- combat and eradicate the disease from fore us. most 4 million, has maintained the the continent and the world. What I And that is why I’m devoting much same core values it held 90 years ago; saw and learned in Uganda, Kenya, and of my time in the U.S. Senate to the yet it still has changed with the times Tanzania was extraordinary—coming issue of global HIV/AIDS, and in par- to empower girls of all races, all back- face-to-face with the human tragedy of ticular, to the impact of the disease in grounds, and all income levels to meet HIV/AIDS, and lives cut far too short. Africa. Just as our great nation is the their full potential. Some two-thirds of Madam President, Africa has lost an leader in the war on terrorism, we the women members of Congress are entire generation. In Nairobi, Kenya, I must also continue to lead in the glob- Girl Scout alumni, and there is no visited the Kibera slum. With a popu- al battle against AIDS as we work to question that more and more of our fu- lation of over 750,000, one out of five of build a better, safer world. Then where ture business leaders, doctors, lawyers, those who live in Kibera are HIV/AIDS do we go from here? educators, and community leaders will positive. As I walked the crowded, It seems to me there are three key come from the Girl Scout ranks.∑ dirty pathways sandwiched between ingredients: leadership, prevention and hundreds of thousands of aluminum treatment, and funding. f shanties, I was amazed that everyone I would like to elaborate a moment GLOBAL HIV/AIDS: THE HEALTH was a child, or very old. The disease on each. The good news is we know a CRISIS OF OUR TIME had wiped out the parents—the most lot about how to reverse the epidemic. Mr. FRIST. Madam President, I came productive segment of the population— And as a first step, it takes strong to Washington to the U.S. Senate in teachers, military personnel, hospital leadership at all levels, but as with my heart to serve my home state of workers, law enforcement officers. most things in life, that leadership Tennessee and this great nation, but In Arusha, Tanzania, I met Nema must start at the top. President after arriving my steps have also taken whose name means ‘‘Grace.’’ She sells Museveni in Uganda, with whom I me far from the floor of the United bananas to survive and provide for her spent some time on my trip, has not States Senate—on medical mission year and a half old son, Daniel. When been bashful about speaking very pub- trips to Sudan, Africa, and most re- Daniel cried from hunger, Nema kissed licly to the citizens of his country cently, in January, to Uganda, Kenya, his hand because she had nothing to about HIV/AIDS. Bakili Muluzi, Presi- and Tanzania. give him but her love. dent of Malawi, was in my office here The purpose of my trip just a few Margaret, also in Arusha, whose in Washington just a few weeks ago. He weeks ago was to learn, for myself, symptoms first came on in 1990. When told me that he opens every speech to more about the human impact that a her husband died, despite her illness, his countrymen with an admonition simple virus is having on the destruc- she found the strength to fight his fam- about HIV/AIDS. These two presidents tion of a continent. Not a family. Not ily to keep the family property. underscore the need to bring the dis- a community. Not a state. Not a coun- Thanks to her brothers, she has a ease out into the light, helping to try. But an entire continent. house for her six children. eliminate the stigma often associated

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1854 CONGRESSIONAL RECORD — SENATE March 13, 2002 with the disease, and opening the way success. We must encourage people to 1. We must continue to encourage the for public education. be tested, for here is our real oppor- political, religious and business leaders Others have also been doing their tunity to save countless lives. The of the world to unit in an international part—governments, the U.N., the World more people know about infection, the commitment to halt the spread of HIV/ Bank, world leaders, corporations and more likely they are to do something AIDS and to help those who are af- philanthropies. From President Bush about it. I believe we should increase flicted with the disease. to Kofi Annan and Secretary Powell, investments in rapid HIV testing kits 2. We must continue to embrace the world leaders support a call to action, and counseling for developing coun- new Global Fund for HIV/AIDS, TB, and all recognize the need to do more. tries. Access to these testing tools and Malaria. This is not a UN fund, or It’s also leadership from people as un- helps to reinforce prevention messages an American fund. It is a new way of likely as Bono, lead singer of the Irish and guide treatment options. doing business. rock band, U–2. With his passion for Af- As I saw in Africa, testing centers be- come centers of hope for a community, 3. We must better leverage America’s rica and his ‘‘bully pulpit’’ as a celeb- public health care resources and talent rity, he’s a credible and accomplished a place where those struggling with HIV/AIDS can share ideas, support to address the challenge. There must spokesperson on the issue. He joined us be a ‘‘call to cure’’ for our health care in Uganda and Kenya for a couple of each other, learn coping strategies, and receive medical treatment and nutri- professionals to use their talent and days, and I was impressed with his expertise. knowledge, his commitment, his car- tional support. I was particularly im- ing. pressed with the work in the Kibera 4. We should encourage and empower It’s the role of leadership at all levels slum of Nairobi at the Kibera Self-Help coalitions of governments, multi-lat- to ensure that our efforts are well co- Programme, run by the Centers for eral institutions, corporations, founda- ordinated, understanding the impor- Disease Control. Officials there told me tions, scientific institutions and NGO’s tance of enlisting all stakeholders in that a negative test provides a power- to fill the gap between the available re- the fight against HIV/AIDS. We must ful incentive to stay healthy, and gives sources and the unmet needs for pre- coordinate within national govern- people an opportunity to receive coun- vention, care and treatment. ments as well as across them. We must seling on risk behavior that will ulti- 5. We must continue to put commu- mately save lives. A positive test re- leverage our precious resources and nity-based organizations, both reli- moves the burden of not knowing and avoid duplication of effort. As I saw gious and secular, at the forefront of allows for timely treatment and coun- first-hand in east Africa, many of the action on the ground by getting funds seling, an important first step in living best ideas come from those working in to them quickly so they can most ef- longer and healthier lives. fectively do their jobs in reaching out the trenches to fight this disease. In recent months, pharmaceutical those who need help most. Local community participation is es- companies sent a message of hope by sential to this process, and local lead- slashing prices on anti-retrovirals for 6. We must make certain that inter- ership is critical, particularly as we poor countries. Other treatment regi- national research efforts on disease af- work to prevent and treat the disease. mens may make an ever bigger dif- fecting poor countries is reinforced in a Let me cite a couple of examples. ference in extending life and holding manner that assures the best scientific In Tanzania, Sister Denise Lynch families together. Just as importantly, work in the world will lead to real ben- runs the Uhai Center for the Roman the hope of some kind of treatment efits for the developing world—at a Catholic Diocese of Arusha, providing a will encourage more people to have cost they can afford. range of services to village schools and themselves tested. And there are other 7. We must focus on prevention, and churches. Father Bill Freida, a physi- potential public health advantages to also support care and treatment op- cian at St. Mary’s Hospital in Kenya, treatment that require further re- tions that combine reasonable cost tells me they serve over 400 patients a search and evaluation. Treatment with pharmaceuticals with appropriately day, and their chapel and bakery are anti-retroviral drugs lowers the structured health care delivery sys- anchors for the community. And Dr. amount of virus in the blood, poten- tems. Ebenezer Mawasha, also in Tanzania, tially decreasing the risk of trans- 8. Finally, we must do all we can to promotes the teaching of spiritual and mission, both among adults and moth- provide comfort to the families and or- moral values in addition to health and er to child transmissions. phans affected, to give them hope and hygiene education. In addition, access to treatment and dignity. The work that these individuals have drugs is also needed for opportunistic I can still hear young Daniel’s cries accomplished, coupled with their faith infections, such as tuberculosis. For all and commitment, are a true inspira- of hunger and know that his young the damage that HIV/AIDS does, TB mother will not live to see him grow tion to me. And their efforts in pre- kills more people in Africa with AIDS venting the disease will have positive into adolescence, much less manhood; than any other opportunistic infection. can see Sister Denise as she patiently repercussions in the years to come. CDC officials in Kenya told me TB has Their leadership on the ground, in the and capably answers my many ques- increased six times over in the last ten tions about the best ways we can help; trenches, each and every day, is funda- years, and it’s impossible to separate mental to our ultimate success. I also still hear the pride in Father Freida’s HIV and TB. I’ve seen first hand in voice as he describes his hospital as a want to salute the leadership of those Sudan the reemergence of TB in strains with the CDC and U.S. AID on the place to provide dignity and comfort to more resistant, move virulent, than the inflicted and dying; and I think of ground in east Africa. President any we’ve seen before. Museveni told me that our govern- Tabu who has returned to her home vil- And finally, support of health care lage to face death. These images will ment’s investment in Uganda, for ex- delivery systems, with a special em- remain with me; these images ample, of $120 million over the last ten phasis on personnel training, is essen- strengthen my resolve to win the fight years has been instrumental in their tial to effective treatment programs. against HIV/AIDS. success in bringing new infection rates Let me add that on the subject of vac- from 32 percent to just over 6 percent. cines we must continue to search for History will judge us as to how we as Our presence through these two federal the tools to finally reverse the spread a nation, as a global community, ad- agencies is making a difference. of HIV/AIDS. Research and develop- dress and respond to this most dev- Until science produces a vaccine, pre- ment must continue, and I’m pleased astating and destructive public health vention through behavioral change and to report that NIH currently has over crisis we have seen since the bubonic awareness is the key. And once again, two dozen vaccine candidates in the plague ravaged Europe over 600 years cultural stigmas must be overcome. pipeline. Someday, and hopefully very ago. With a combination of comprehensive soon, we will have a vaccine to prevent The task before us looms large, but national plans, donor support and com- this disease. by pulling together, with leadership munity-based organizations, progress In sum, I believe there are eight from all, we will eliminate the scourge can be made. Uganda, Thailand and goals we must pursue in this global of HIV/AIDS from the face of the globe Senegal are these examples of solid fight. in our lifetime.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1855 ECONOMIC STIMULUS—SENATE the economic stimulus package will en- mission is to provide an opportunity PASSAGE courage enterprising businesses and for women of achievement who utilize Mr. ALLEN. Madam President, it is people to invest and grow, promoting wheelchairs, such as Bethaney, to suc- with great relief that I rise today in capital expenditures that would not cessfully educate and advocate for indi- commendation for approval of the ‘‘Job have occurred but for the passage of viduals with disabilities. Creation and Worker Assistance Act of this act, eventually increasing job One certainty that I have come to re- 2002,’’ which I believe represents a job growth and consumer spending. alize in life is that adversity will strike security, job creation and balanced re- Second, the bill includes a provision, and often with a mighty blow. When sponse by the Federal Government to similar to legislation I introduced in Bethaney Adams came face to face the economic challenges faced by fami- September 2001, which provides dis- with adversity, she did not back down lies and businesses. With the signing of placed workers with an additional 13 from her fears or focus her thoughts on this Act into law, on March 9, 2002, by weeks of unemployment benefits after negative scenarios. In fact, she ex- the President, Americans finally re- they have exhausted their State-pro- cluded the word defeat from her vocab- ceived the economic stimulus relief vided unemployment benefits. ulary and decided to live life with a that should have been passed many Recently, we have received good news purpose and meaning. Bethaney, a sen- months ago. on the economy and the prospects of ior at Murray State University, is cur- During the past months, all Ameri- its recovery from the recession. Feb- rently getting her undergraduate de- cans have been deluged with grim news ruary was the first month in which jobs gree in therapeutic recreation. After of recessions, plummeting consumer were added since July 2001, and the un- completing her studies at Murray, she confidence and rising unemployment. employment rate is finally beginning plans on pursuing her masters degree Last March, which is widely believed to to inch down from its high of 5.8 per- in therapeutic recreation and eventu- be the beginning of the current reces- cent in December 2001. ally wants to work in a children’s hos- sion, unemployment totaled 6.2 mil- Yet, even with the good news, Chair- pital where she could assist and inspire lion, or 4.3 percent. Just under a year man Greenspan is still maintaining his those living with disabilities on a daily later, February unemployment rate earlier forecast of relatively weak eco- basis. Outside of her studies, Bethaney has equaled 5.5 percent, a number rep- nomic growth in 2002 of between 2.5 made great strides in the area of com- resentative of the 1.4 million jobs lost percent and 3 percent. It will take time munity service. She has taken trips to since March of last year. for the economy to fully recover and to Mexico, Washington, D.C., and New Or- These numbers represent much more create the jobs that will get workers than just mere statistics, the 5.5 per- leans, where she worked to aid those back on the payrolls. News of eventual cent represents 7.9 million people who less fortunate individuals living in pov- recovery is of little relief for the 1.4 are without a job, a steady paycheck erty. Here in D.C., she stayed at a million workers who have exhausted and the security of knowing that bills homeless shelter in an attempt to mo- their unemployment benefits since will be paid and food will be on the tivate those currently down on their September 2001. table. Even more worrisome for many luck. Bethaney made the choice a long Without the immediate financial life- families is that they have begun to ex- time ago to view her ‘‘dis’’ability as line that the additional 13 weeks of haust their State unemployment bene- just the opposite. Being in a wheelchair fits: in January 2002 alone, 373,000 dis- benefits provides, these families, at the gives her the ability to communicate placed workers ran out of the financial minimum, risk ruining their credit rat- with others and make a difference in support they need to simply survive as ings and, in the worst-case scenario, their lives. they look for a job. could lose their home or car. As for Bethaney’s most recent ac- This is why ending the obstruction Hard-working Americans, facing such complishment, winning Ms. Wheelchair by passage of the Job Creation and a harrowing situation, ought to have a Kentucky, she now plans to use this as Worker Assistance Act of 2002 is so im- response to help them get through the an opportunity to broaden the scope of portant. This bill not only includes tar- early stages of the economy recovery her audience. She will speak at camps geted tax incentives that will increase until jobs become more readily avail- across the Commonwealth and address capital investment and spending, en- able and workers can provide for their inner-city youth in an effort to provide suring that the weak recovery under- families. The 13 weeks of extended ben- that successful and positive thinking way will not be derailed, but it pro- efits provides the temporary financial leads directly to successful and posi- vides the economic security the fami- assistance for displaced workers to get tive actions. In June Bethaney will, for lies of displaced workers so desperately back on their feet and successfully get the third straight year, be a speaker at need to get by until new jobs can be a new job. the National Spina Bifida Conference found. In sum, the Job Creation and Worker in Orlando, Florida, and in August she I would like to take this opportunity Assistance Act of 2002 is the appro- will represent Kentucky in the Ms. to talk briefly about two provisions priate combination of immediate finan- Wheelchair America pageant to be held that I am particularly pleased are in- cial relief and security to American in Maryland. The contest will judge the cluded in the economic stimulus pack- families and tax incentives for busi- contestants based upon their accom- age. nesses to make the capital investments plishments, communication skills, self- First, this recession is notable for necessary for economic growth and job perception, and projection in the per- the sharp plummet in the level of cap- creation. I am confident that the new sonal and on-stage interviews as well ital investment in new equipment and opportunities made available with the as the platform speech presentation. I technologies by companies, coupled passage of this act will go a long way know Bethaney will make Kentucky with a decrease in consumer demand. toward ensuring a more secure future proud. Until such capital expenditures in- for American working men, women and I once again congratulate Bethaney crease, our economy will not fully re- families. Adams for this honorable distinction cover from the recession. f and wish her the best in all her future Accelerated depreciation is a top pri- endeavors. I believe each and every one ority of Virginia’s and America’s tech- ADDITIONAL STATEMENTS of us can take something away from nology industry. It will spur capital ex- this incredible woman and her ability penditures for new advanced equipment HONORING BETHANEY ADAMS to turn an obstacle into a motivation. and technology. This incentive will I thank her for being an inspiration to create and save more jobs for working ∑ Mr. BUNNING. Madam President, I me and so many others.∑ rise today to honor a truly amazing men and women involved in producing, f creating, fabricating and transporting and enchanting woman, Ms. Bethaney such capital equipment from com- Adams of Bowling Green, Kentucky. TRIBUTE TO 2001 BUSINESS OF puters and construction equipment to Bethaney was recently named Ms. THE YEAR—FIDELITY INVEST- airplanes and locomotives. Wheelchair Kentucky by the Ms. MENTS By providing for a 30-percent bonus Wheelchair America Program, Inc. The ∑ Mr. SMITH of New Hampshire. depreciation rate over a 3-year period, Ms. Wheelchair America Program’s Madam President, I rise today to pay

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1856 CONGRESSIONAL RECORD — SENATE March 13, 2002 tribute to Fidelity Investments of Miltonia Mills which specialized in fine and volunteering at the American Ca- Merrimack, New Hampshire, on being wool blankets that were used by Admi- nadian Genealogy Library. named as the 2001 Business of the Year ral Peary on exploratory exhibitions. A I applaud the service that Nelson has by the Merrimack Chamber of Com- distillery and five icehouses which sup- selflessly provided to the citizens of merce. An active member of the com- plied ice to Boston, Massachusetts, Merrimack. His caring efforts have munity, Fidelity Investments has been were also located in Milton. benefitted the residents of Merrimack a model in stewardship for the greater Construction of homes began in Mil- and the community at large. I con- Merrimack area. ton during the early 1800’s and the first gratulate Nelson on this prestigious I commend the achievements of Fi- rural schools, Plummer’s Ridge School award and wish him well in his retire- delity Investments for the growth of #1 and Nute Ridge School #2 were ment years. It is truly an honor and a the company and the opportunities it built. Both school buildings remain privilege to represent him in the provides to the citizens of Merrimack standing in Milton today. In 1853, United States Senate.∑ and the State. In 1996, Fidelity Invest- Lewis Worster Nute, a native of Mil- f ments opened its Merrimack facility ton, provided financial support in his with 300 employees and a single busi- will to build a school and a library in MESSAGES FROM THE PRESIDENT ness unit on the former Digital Equip- Milton and a chapel in West Milton. Messages from the President of the ment site. Five years later in 2002, Fi- Today, the Town of Milton, situated United States were communicated to delity has expanded to more than 20 Fi- in southeastern New Hampshire, has a the Senate by Ms. Evans, one of his delity-affiliated business units with population of approximately four thou- secretaries. more than 3,500 employees. sand residents. Teneriffe Mountain f Fidelity Investments has been a dedi- overlooks Milton Three Ponds which cated member of the Merrimack Cham- connects to the Salmon Falls River, of- EXECUTIVE MESSAGES REFERRED ber for the past five years. Always ac- fering spectacular scenery year round. As in executive session the Presiding tive in community events, Fidelity has Milton’s municipal government con- Officer laid before the Senate messages contributed to programs including: sists of an elected three member Board from the President of the United Merrimack Chamber Golf Tournament of Selectmen and numerous other States submitting sundry nominations and Banquet, Fidelity Foundation, boards and committees. The Town’s which were referred to the appropriate Mentor Program with Mastricola Mid- representatives in the New Hampshire committees. dle School, Career’s Academy of Fi- legislature include: Representatives (The nominations received today are nance program at the South Central Nancy Johnson and Rodney Woodill printed at the end of the Senate pro- School, sponsor of the Union Leader’s and State Senator Carl Johnson. The ceedings.) Stock Market Made Easy program, Town has an excellent on-call Fire De- f sponsor of Junior Achievement’s Titan partment and Ambulance Corps, along PRESIDENTIAL MESSAGE Cyber-Biz program, and sponsor of Kids with a well staffed Police Department Voting New Hampshire. and a summer marine patrol. The following presidential message The company also has a strong rela- Each year the townspeople of Milton was laid before the Senate together tionship with members of the nominate a ‘‘Citizen of the Year’’. In with accompanying reports, which was Merrimack law enforcement and public 2002, the Fire, Police and Ambulance referred as indicated: safety communities providing sponsor- Corps will be honored as the true he- PM–75. A message from the President of ships for training and donations of roes in Milton, New Hampshire. the United States, transmitting, pursuant to equipment including participation in I congratulate the citizens of Milton, law, the Periodic Report on the National the Local Emergency Planning Com- New Hampshire, as they celebrate the Emergency with Respect to Iran; to the mittee. Fidelity also offers access to Town’s bicentennial anniversary and Committee on Banking, Housing, and Urban Affairs. and usage of the company’s helicopter wish them continued success and pros- pad by the Merrimack Fire Department perity in the years to come. It is truly To the Congress of the United States: during medical emergencies. an honor and a privilege to represent Section 202(d) of the National Emer- I applaud the exemplary acts of com- the people of the Town of Milton in the gencies Act (50 U.S.C. 1622(d)) provides munity involvement by the leadership United States Senate.∑ for the automatic termination of a na- tional emergency unless, prior to the and employees of Fidelity Investments f and congratulate them on this pres- anniversary date of its declaration, the TRIBUTE TO NELSON DISCO tigious award. The Town of Merrimack President publishes in the Federal Reg- and entire State have benefitted from ∑ Mr. SMITH of New Hampshire. ister and transmits to the Congress a the economic and charitable contribu- Madam President, I rise today to pay notice stating that the emergency is to tions made by the concerned citizens at tribute to Nelson Disco of Merrimack, continue in effect beyond the anniver- Fidelity Investments. It is truly an New Hampshire, on being named as the sary date. In accordance with this pro- honor and a privilege to represent you 2001 President’s Award recipient by the vision, I have sent the enclosed notice, in the United States Senate.∑ Merrimack Chamber of Commerce. stating that the Iran emergency is to continue in effect beyond March 15, f A dedicated member of the commu- nity at large, Nelson has worked dili- 2002, to the Federal Register for publica- TRIBUTE TO THE TOWN OF gently donating his time and talents to tion. The most recent notice con- MILTON, NEW HAMPSHIRE projects and programs benefitting the tinuing this emergency was published ∑ Mr. SMITH of New Hampshire. Town of Merrimack including: Parks in the Federal Register on March 14, 2001 Madam President, I rise today to pay and Recreation Department tennis (66 Fed. Reg. 15013). tribute to the citizens of Milton, New court designer, member of the Board of The crisis between the United States Hampshire, on the occasion of the Selectmen, and Planning Board. and Iran constituted by the actions and Town’s bicentennial celebration. Nelson was a recipient of the Paul policies of the Government of Iran, in- The Town of Milton, located in Straf- Harris Fellowship Award from the cluding its support for international ford County, has a rich history in the Merrimack Rotary Club and was the terrorism, efforts to undermine Middle State of New Hampshire. A petition 1990 Chamber Business Person of the East peace, and acquisition of weapons was submitted in 1794 by the citizens of Year. Retired from Sanders Corpora- of mass destruction and the means to Rochester to be incorporated as a sepa- tion in 2000, he has been an exemplary deliver them, that led to the declara- rate town. On June 11, 1802, the Town contributor to the Chamber of Com- tion of a national emergency on March of Milton was incorporated. merce assisting with programs includ- 15, 1995, has not been resolved. These Milton is located on Milton Three ing co-chair of the Gourmet Festival actions and policies are contrary to the Ponds, an area blessed with an abun- and volunteer on the Banquet Com- interests of the United States in the re- dance of waterpower which was utilized mittee. gion and pose a continuing unusual and by different industries including sev- Nelson enjoys his retirement exer- extraordinary threat to the national eral sawmills and a woolen mill, cising with friends four days per week security, foreign policy, and economy

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1857 of the United States. For these rea- H.R. 2175. An act to protect infants who are EC–5729. A communication from the Trial sons, I have determined that it is nec- born alive. Attorney, Federal Railroad Administration, essary to continue the national emer- The message also announced that the Department of Transportation, transmitting, gency declared with respect to Iran and House has agreed to the following con- pursuant to law, the report of a rule entitled ‘‘Regulations on Safety Integration Plans maintain in force comprehensive sanc- current resolution: Governing Railroad Consolidations, Mergers, tions against Iran to respond to this H. Con. Res. 339. Concurrent resolution ex- and Acquisitions of Control, and Procedures threat. pressing the sense of the Congress regarding for Surface Transportation Board Consider- GEORGE W. BUSH. the Bureau of the Census on the 100th anni- ation of Safety Integration Plans in Cases THE WHITE HOUSE, March 13, 2002. versary of its establishment. Involving Railroad Mergers, Consolidations, f The message also announced that and Acquisitions of Control’’ (RIN2130–AB24) pursuant to clause 11 of rule 1, the received on March 12, 2002; to the Committee PRESIDENTIAL MESSAGE Speaker removes Mr. BALLENGER of on Commerce, Science, and Transportation. The following Presidential message North Carolina, as a conferee to the f was laid before the Senate together bill (H.R. 2646) to provide for the con- INTRODUCTION OF BILLS AND with accompanying reports, which was tinuation of agricultural programs JOINT RESOLUTIONS through fiscal year 2011, and appoints referred as indicated: The following bills and joint resolu- Mr. BARTLETT of Maryland, to fill the PM–76. A message from the President of tions were introduced, read the first vacancy. the United States, transmitting, pursuant to and second times by unanimous con- law, a report concerning the continuation of f the National Emergency with Respect to sent, and referred as indicated: Iran beyond March 15, 2002; to the Com- MEASURES REFERRED By Mr. HOLLINGS (for himself and Mr. mittee on Banking, Housing, and Urban Af- The following concurrent resolution THURMOND): fairs. was read, and referred as indicated: S. 2011. A bill to extend the temporary sus- pension of duty on ferroboron; to the Com- To the Congress of the United States: H. Con. Res. 339. Concurrent resolution ex- mittee on Finance. As required by section 401(c) of the pressing the sense of the Congress regarding By Mr. HOLLINGS (for himself and Mr. National Emergencies Act, 50 U.S.C. the Bureau of the Census on the 100th anni- THURMOND): 1641(c), section 204(c) of the Inter- versary of its establishment, to the Com- S. 2012. A bill to extend the temporary sus- national Emergency Economic Powers mittee on Governmental Affairs. pension of duty on cobalt boron; to the Com- Act, 50 U.S.C. 1703(c), and section 505(c) f mittee on Finance. of the International Security and De- MEASURES READ THE FIRST TIME f velopment Cooperation Act of 1985, 22 The following bill was read the first ADDITIONAL COSPONSORS U.S.C. 2349aa–9(c), I transmit herewith time: a 6-month periodic report prepared by S. 367 my Administration on the national H.R. 2175. An act to protect infants who are At the request of Mrs. BOXER, the born alive. emergency with respect to Iran that name of the Senator from New Mexico was declared in Executive Order 12957 f (Mr. BINGAMAN) was added as a cospon- of March 15, 1995. EXECUTIVE AND OTHER sor of S. 367, a bill to prohibit the ap- plication of certain restrictive eligi- GEORGE W. BUSH. COMMUNICATIONS THE WHITE HOUSE, March 13, 2002. bility requirements to foreign non- The following communications were governmental organizations with re- f laid before the Senate, together with spect to the provision of assistance MESSAGE FROM THE HOUSE accompanying papers, reports, and doc- under part I of the Foreign Assistance uments, which were referred as indi- Act of 1961. At 11:28 p.m., a message from the cated: S. 917 House of Representatives, delivered by EC–5724. A communication from the Chief At the request of Ms. COLLINS, the Ms. Niland, one of its reading clerks, Counsel, Saint Lawrence Seaway Develop- announced that the House has agreed ment Corporation, Department of Transpor- name of the Senator from Louisiana to the amendment of the Senate to the tation, transmitting, pursuant to law, the re- (Ms. LANDRIEU) was added as a cospon- title and agreed to the amendment of port of a rule entitled ‘‘Seaway Regulations sor of S. 917, a bill to amend the Inter- the Senate to the text of the bill (H.R. and Rules: Ballast Waters’’ (RIN2135–AA13) nal Revenue Code of 1986 to exclude 1499) to amend the District of Columbia received on March 12, 2002; to the Committee from gross income amounts received on College Access Act of 1999 to permit in- on Environment and Public Works. account of claims based on certain un- EC–5725. A communication from the Chair- dividuals who graduated from a sec- lawful discrimination and to allow in- man of the Council of the District of Colum- come averaging for backpay and ondary school prior to 1998 and individ- bia, transmitting, pursuant to law, a report uals who enroll in an institution of on D.C. Act 14–297, ‘‘Advisory Neighborhood frontpay awards received on account of higher education more than 3 years Commissions Boundaries Act of 2002’’ re- such claims, and for other purposes. after graduating from a secondary ceived on March 12, 2002; to the Committee S. 960 school to participate in the tuition as- on Governmental Affairs. At the request of Mr. BINGAMAN, the sistance programs under such Act, and EC–5726. A communication from the Chief names of the Senator from North Da- of the Regulations Unit, Internal Revenue for other purposes, with an amendment kota (Mr. CONRAD), the Senator from Service, Department of the Treasury, trans- Maine (Ms. SNOWE), the Senator from to the Senate amendments in which it mitting, pursuant to law, the report of a rule requests the concurrence of the Senate. entitled ‘‘Weighted Average Interest Rate Massachusetts (Mr. KERRY), the Sen- The message also announced that the Update Notice’’ (Notice 2001–65) received on ator from Washington (Ms. CANTWELL), House has agreed to the amendment of March 12, 2002; to the Committee on Finance. the Senator from Connecticut (Mr. LIE- the Senate to the bill (H.R. 1885) to ex- EC–5727. A communication from the Chief BERMAN), the Senator from Arkansas pand the class of beneficiaries who may of the Regulations Unit, Internal Revenue (Mr. HUTCHINSON), the Senator from apply for adjustment of status under Service, Department of the Treasury, trans- Louisiana (Ms. LANDRIEU), and the Sen- mitting, pursuant to law, the report of a rule ator from Illinois (Mr. DURBIN) were section 245(i) of the Immigration and entitled ‘‘Update of Notice 2000–11’’ (Notice Nationality Act by extending the dead- 2002–3) received on March 12, 2002; to the added as cosponsors of S. 960, a bill to line for classification petition and Committee on Finance. amend title XVIII of the Social Secu- labor certification filings, and for EC–5728. A communication from the Dep- rity Act to expand coverage of medical other purposes, with an amendment uty Chief Counsel, Maritime Administration, nutrition therapy services under the and an amendment to the title in Department of Transportation, transmitting, medicare program for beneficiaries which it requests the concurrence of pursuant to law, the report of a rule entitled with cardiovascular diseases. ‘‘Eligibility of U.S. Flag Vessels of 100 Feet the Senate. S. 987 or Greater in Registered Length to Obtain a The message further announced that Fishery Endorsement to the Vessel’s Docu- At the request of Mr. TORRICELLI, the the House has passed the following bill, mentation’’ (RIN2133–AB45) received on name of the Senator from Washington in which it requests the concurrence of March 12, 2002; to the Committee on Com- (Mrs. MURRAY) was added as a cospon- the Senate: merce, Science, and Transportation. sor of S. 987, a bill to amend title XIX

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1858 CONGRESSIONAL RECORD — SENATE March 13, 2002 of the Social Security Act to permit highway infrastructure investment at At the request of Mr. BUNNING, his States the option to provide medicaid the guaranteed funding level contained name was added as a cosponsor of coverage for low-income individuals in- in the Transportation Equity Act for amendment No. 2997 supra. fected with HIV. the 21st Century. f S. 1067 S. 1991 STATEMENTS ON INTRODUCED At the request of Mr. COCHRAN, his At the request of Mr. HOLLINGS, the BILLS AND JOINT RESOLUTIONS name was added as a cosponsor of S. name of the Senator from Hawaii (Mr. 1067, a bill to amend the Internal Rev- INOUYE) was added as a cosponsor of S. By Mr. HOLLINGS (for himself enue Code of 1986 to expand the avail- 1991, to establish a national rail pas- and Mr. THURMOND): ability of Archer medical savings ac- senger transportation system, reau- S. 2011. A bill to extend the tem- counts. thorize Amtrak, improve security and porary suspension of duty on ferroboron; to the Committee on Fi- S. 1258 service on Amtrak, and for other pur- nance. At the request of Mr. DORGAN, the poses. name of the Senator from Vermont S. 2003 By Mr. HOLLINGS (for himself (Mr. LEAHY) was added as a cosponsor At the request of Mr. NELSON of Flor- and Mr. THURMOND): of S. 1258, a bill to improve academic ida, the names of the Senator from Ha- S. 2012. A bill to extend the tem- and social outcomes for teenage youth. waii (Mr. INOUYE), the Senator from Il- porary suspension of duty on cobalt S. 1410 linois (Mr. DURBIN), and the Senator bor-on; to the Committee on Finance. At the request of Mr. COCHRAN, the from Connecticut (Mr. LIEBERMAN) Mr. HOLLINGS. Madam President, name of the Senator from Mississippi were added as cosponsors of S. 2003, a today, I, along with Senator THUR- (Mr. LOTT) was added as a cosponsor of bill to amend title 38, United States MOND, introduce two duty suspensions S. 1410, a bill to amend the Internal Code, to clarify the applicability of the designed to permit the import of raw Revenue Code of 1986 to clarify the ex- prohibition on assignment of veterans materials into the United States duty cise tax exemptions for aerial applica- benefits to agreements regarding fu- free. The materials are not indigenous tors of fertilizers or other substances. ture receipt of compensation, pension, to or made in the United States. There- S. 1625 or dependency and indemnity com- fore, their importation will not dis- At the request of Mr. BINGAMAN, the pensation, and for other purposes. place domestic sourcing. Moreover, be- name of the Senator from Washington S. RES. 132 cause of the nature of the products at (Ms. CANTWELL) was added as a cospon- At the request of Mr. CLELAND, the issue, they will assist in the creation of sor of S. 1625, a bill to require the Sec- name of the Senator from Alaska (Mr. additional jobs in the United States. retary of Health and Human Services MURKOWSKI) was added as a cosponsor I believe that this is the most appro- to approve up to 4 State waivers to of S. Res. 132, a resolution recognizing priate use of such legislation. The im- allow a State to use its allotment the social problem of child abuse and ported product will not displace any under the State children’s health in- neglect, and supporting efforts to en- that is manufactured in the United surance program under title XXI of the hance public awareness of it. States. Moreover, the imported product Social Security Act to increase the en- S. RES. 206 will assist in enhancing American pro- rollment of children eligible for med- At the request of Mr. MURKOWSKI, the ductive capacity. I am therefore hope- ical assistance under the medicaid pro- names of the Senator from Colorado ful that this new capacity can be used gram under title XIX of such Act. (Mr. CAMPBELL), the Senator from Ha- to supply both domestic and foreign S. 1652 waii (Mr. INOUYE), the Senator from needs and will increase employment in At the request of Mr. BINGAMAN, the Washington (Mrs. MURRAY), the Sen- the United States. name of the Senator from Washington ator from South Dakota (Mr. JOHNSON), f (Ms. CANTWELL) was added as a cospon- the Senator from Maryland (Mr. SAR- AMENDMENTS SUBMITTED AND sor of S. 1652, a bill to amend the Agri- BANES), and the Senator from New Jer- PROPOSED cultural Market Transition Act to con- sey (Mr. TORRICELLI) were added as co- vert the price support program for sug- sponsors of S. Res. 206, a resolution SA 2998. Mr. MILLER (for himself, Mr. GRAMM, Mr. HUTCHINSON, Mr. INHOFE, Mr. designating the week of March 17 arcane and sugar beets into a system of HELMS, and Mr. ALLEN) proposed an amend- solely recourse loans and to provide for through March 23, 2002 as ‘‘National ment to amendment SA 2917 proposed by Mr. the gradual elimination of the pro- Inhalants and Poison Prevention DASCHLE (for himself and Mr. BINGAMAN) to gram. Week.’’ the bill (S. 517) to authorize funding the De- S. 1738 S. RES. 207 partment of Energy to enhance its mission areas through technology transfer and part- At the request of Mr. KERRY, the At the request of Mr. BINGAMAN, the nerships for fiscal years 2002 through 2006, name of the Senator from Georgia (Mr. name of the Senator from Louisiana and for other purposes. CLELAND) was added as a cosponsor of (Ms. LANDRIEU) was added as a cospon- SA 2999. Mr. KERRY (for himself, Mr. S. 1738, a bill to amend title XVIII of sor of S. Res. 207, a resolution desig- MCCAIN, Ms. SNOWE, Mr. SMITH, of Oregon, the Social Security Act to provide reg- nating March 31, 2002, and March 31, Ms. COLLINS, and Mr. CHAFEE) proposed an ulatory relief, appeals process reforms, 2003, as ‘‘National Civilian Conserva- amendment to amendment SA 2917 proposed contracting flexibility, and education tion Corps Day.’’ by Mr. DASCHLE (for himself and Mr. BINGA- MAN) to the bill (S. 517) supra. improvements under the medicare pro- S. RES. 219 gram, and for other purposes. SA 3000. Mr. THOMAS (for himself, Mr. At the request of Mr. GRAHAM, the BINGAMAN, and Mr. MURKOWSKI) proposed an S. 1752 name of the Senator from Arizona (Mr. amendment to amendment SA 2917 proposed At the request of Mr. CORZINE, the MCCAIN) was added as a cosponsor of S. by Mr. DASCHLE (for himself and Mr. BINGA- name of the Senator from New Mexico Res. 219, a resolution expressing sup- MAN) to the bill (S. 517) supra. (Mr. BINGAMAN) was added as a cospon- port for the democratically elected SA 3001. Mr. THOMAS (for himself, Mr. sor of S. 1752, a bill to amend the Pub- Government of Colombia and its efforts BINGAMAN, and Mr. MURKOWSKI) proposed an lic Health Service Act with respect to to counter threats from United States- amendment to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGA- facilitating the development of designated foreign terrorist organiza- MAN) to the bill (S. 517) supra. microbicides for preventing trans- tions. SA 3002. Mr. THOMAS (for himself, Mr. mission of HIV and other sexually AMENDMENT NO. 2997 BINGAMAN, and Mr. MURKOWSKI) proposed an transmitted diseases. At the request of Mr. BOND, the amendment to amendment SA 2917 proposed S. 1917 names of the Senator from Iowa (Mr. by Mr. DASCHLE (for himself and Mr. BINGA- MAN) to the bill (S. 517) supra. At the request of Mr. JEFFORDS, the GRASSLEY), the Senator from Arkansas SA 3003. Mr. THOMAS (for himself, Mr. UTCHINSON names of the Senator from Colorado (Mr. H ), the Senator from BINGAMAN, and Mr. MURKOWSKI) proposed an (Mr. ALLARD) and the Senator from Ha- Virginia (Mr. ALLEN), and the Senator amendment to amendment SA 2917 proposed waii (Mr. INOUYE) were added as co- from Ohio (Mr. VOINOVICH) were added by Mr. DASCHLE (for himself and Mr. BINGA- sponsors of S. 1917, a bill to provide for as cosponsors of amendment No. 2997. MAN) to the bill (S. 517) supra.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1859 SA 3004. Mr. THOMAS (for himself, Mr. egon, Ms. COLLINS, and Mr. CHAFEE) section (c)(2) of this section)’’ in subsection BINGAMAN, and Mr. MURKOWSKI) proposed an proposed an amendment to amendment (g). (b) DEFINITION OF LIGHT TRUCKS.— amendment to amendment SA 2917 proposed SA 2917 proposed by Mr. DASCHLE (for by Mr. DASCHLE (for himself and Mr. BINGA- (1) IN GENERAL.—Section 32901(a) of title 49, himself and Mr. BINGAMAN) to the bill MAN) to the bill (S. 517) supra. United States Code, is amended by adding at SA 3005. Mr. THOMAS (for himself, Mr. (S. 517) to authorize funding the De- the end the following: BINGAMAN, and Mr. MURKOWSKI) proposed an partment of Energy to enhance its mis- ‘‘(17) ‘light truck’ means a vehicle, as de- amendment to amendment SA 2917 proposed sion areas through technology transfer termined by the Secretary by regulation, by Mr. DASCHLE (for himself and Mr. BINGA- and partnerships for fiscal years 2002 that— MAN) to the bill (S. 517) supra. through 2006, and for other purposes; as ‘‘(A) is manufactured primarily for trans- SA 3006. Mr. THOMAS (for himself, Mr. follows: porting not more than 10 individuals; BINGAMAN, and Mr. MURKOWSKI) proposed an ‘‘(B) is rated at not more than 10,000 amendment to amendment SA 2917 proposed Strike subtitle A of title VIII and insert pounds gross vehicle weight; by Mr. DASCHLE (for himself and Mr. BINGA- the following: ‘‘(C) is not a passenger automobile; and MAN) to the bill (S. 517) supra. Subtitle A—CAFE Standards and Related ‘‘(D) is not described in paragraph (1) or (4) SA 3007. Mr. CAMPBELL (for himself, Mr. Matters of the definition of the term ‘medium-duty BROWNBACK, Mr. GRAMM, Mr. ENZI, and Mr. PART I—CORPORATE AVERAGE FUEL passenger vehicle’ in section 86.1803–01 of SMITH of New Hampshire) proposed an ECONOMY STANDARDS title 40, Code of Federal Regulations.’’. amendment to amendment SA 2917 proposed EADLINE FOR REGULATIONS SEC. 801. AVERAGE FUEL ECONOMY STANDARDS (2) D .—The Sec- by Mr. DASCHLE (for himself and Mr. BINGA- FOR PASSENGER AUTOMOBILES AND retary of Transportation— MAN) to the bill (S. 517) supra. LIGHT TRUCKS. (A) shall issue proposed regulations imple- SA 3008. Mr. DAYTON (for himself and Mr. (a) INCREASED STANDARDS.—Section 32902 menting the amendment made by paragraph GRASSLEY) submitted an amendment in- of title 49, United States Code, is amended— (1) not later than 1 year after the date of the tended to be proposed to amendment SA 2917 (1) by striking ‘‘NON-PASSENGER AUTO- enactment of this Act; and proposed by Mr. DASCHLE (for himself and MOBILES.—’’ in subsection (a) and inserting (B) shall issue final regulations imple- Mr. BINGAMAN) to the bill (S. 517) supra; ‘‘PRESCRIPTION OF STANDARDS BY REGULA- menting the amendment not later than 18 which was ordered to lie on the table. months after the date of the enactment of SA 3009. Mr. DOMENICI proposed an TION.—’’; and (2) by striking ‘‘(except passenger auto- this Act. amendment to amendment SA 2917 proposed mobiles)’’ in subsection (a) and inserting (3) EFFECTIVE DATE.—Regulations pre- by Mr. DASCHLE (for himself and Mr. BINGA- ‘‘(except passenger automobiles and light scribed under paragraph (1) shall apply be- MAN) to the bill (S. 517) supra. ginning with model year 2007. SA 3010. Mr. BINGAMAN (for Ms. LANDRIEU) trucks)’’; (c) APPLICABILITY OF EXISTING STAND- proposed an amendment to amendment SA (3) by striking subsection (b) and inserting ARDS.—This section does not affect the appli- 2917 proposed by Mr. DASCHLE (for himself the following: ‘‘(b) STANDARDS FOR PASSENGER AUTO- cation of section 32902 of title 49, United and Mr. BINGAMAN) to the bill (S. 517) supra. States Code, to passenger automobiles or SA 3011. Mr. BINGAMAN (for Ms. LANDRIEU MOBILES AND LIGHT TRUCKS.— non-passenger automobiles manufactured be- (for himself and Mr. DOMENICI)) proposed an ‘‘(1) IN GENERAL.—The Secretary of Trans- amendment to amendment SA 2917 proposed portation, after consultation with the Ad- fore model year 2007. (d) AUTHORIZATION OF APPROPRIATIONS.— by Mr. DASCHLE (for himself and Mr. BINGA- ministrator of the Environmental Protection There are authorized to be appropriated to MAN) to the bill (S. 517) supra. Agency, shall prescribe average fuel econ- omy standards for passenger automobiles the Secretary of Transportation to carry out f and light trucks manufactured by a manu- the provisions of chapter 329 of title 49, TEXT OF AMENDMENTS facturer in each model year beginning with United States Code, $25,000,000 for each of fis- model year 2007 in order to achieve a com- cal years 2003 through 2015. SA 2998. Mr. MILLER (for himself, bined average fuel economy standard for pas- SEC. 802. FUEL ECONOMY STANDARD CREDITS. Mr. GRAMM, Mr. HUTCHINSON, Mr. senger automobiles and light trucks for (a) IN GENERAL.—Section 32903 of title 49, INHOFE, Mr. HELMS, and Mr. ALLEN) model year 2015 of at least 36 miles per gal- United States Code, is amended by striking proposed an amendment to amendment lon. the second sentence of subsection (a) and in- SA 2917 proposed by Mr. DASCHLE (for ‘‘(2) INTERMEDIATE FUEL ECONOMY STAND- serting ‘‘The credits— himself and Mr. BINGAMAN) to the bill ARDS.—Consistent with the requirements of ‘‘(1) may be applied to any of the 3 model (S. 517) to authorize funding the De- paragraph (1), the Secretary of Transpor- years immediately following the model year partment of Energy to enhance its mis- tation shall, in determining the pacing of for which the credits are earned; or sion areas through technology transfer fuel economy standards described in para- ‘‘(2) transferred to the registry established graph (1), set intermediate standards in a under section 821(a) of the Energy Policy Act and partnerships for fiscal years 2002 manner that— of 2002.’’. through 2006, and for other purposes; as ‘‘(A) encourages introduction and use of (b) GREENHOUSE GAS CREDITS APPLIED TO follows: advanced technology vehicles, such as hybrid CAFE STANDARDS.—Section 32903 of title 49, On page 177, before line 1, insert the fol- and fuel cell vehicles, to achieve reductions United States Code, is amended by adding at lowing: in fuel consumption; the end the following: SEC. 811. AVERAGE FUEL ECONOMY STANDARDS ‘‘(B) takes into account the effects of in- ‘‘(g) GREENHOUSE GAS CREDITS. FOR PICKUP TRUCKS. creased fuel economy on air quality; ‘‘(1) IN GENERAL.—A manufacturer may (a) IN GENERAL.—Section 32902(a) of title ‘‘(C) takes into account the effects of com- apply credits purchased through the registry 49, United States Code, is amended— pliance with average fuel economy standards established by section 821(a) of the Energy (1) by inserting ‘‘(1)’’ after the after ‘‘AUTO- on levels of employment in the United Policy Act of 2002 toward any model year MOBILES.—’’; and States; and after model year 2006 under subsection (d), (2) by adding at the end the following new ‘‘(D) takes into account cost and lead time subsection (e), or both. paragraph: necessary for the introduction of the nec- ‘‘(2) LIMITATION.—A manufacturer may not ‘‘(2) The average fuel economy standard for essary new technologies. use credits purchased through the registry to pickup trucks manufactured by a manufac- ‘‘(3) DEADLINE FOR REGULATIONS.—The Sec- offset more than the following percentages turer in a model year after model year 2004 retary shall promulgate the regulations re- of the fuel economy standard applicable to shall be no higher than 20.7 miles per gallon. quired by paragraph (1) in final form no later any model year: No average fuel economy standard prescribed than 24 months after the date of enactment ‘‘(A) 2 percent for model year 2007. under another provision of this section shall of the Energy Policy Act of 2002. ‘‘(B) 4 percent for model year 2008. apply to pickup trucks.’’. ‘‘(4) DEFAULT STANDARD.—If the regula- ‘‘(C) 6 percent for model year 2009. (b) DEFINITION OF PICKUP TRUCK.—Section tions required by paragraph (1) are not pro- ‘‘(D) 8 percent for model year 2010. 32901(a) of such title is amended by adding at mulgated in final form within the period re- ‘‘(E) 10 percent for model year 2011 and the end the following new paragraph: quired by paragraph (3), then the combined thereafter.’’. ‘‘(17) ‘pickup truck’ has the meaning given average fuel economy standard for passenger (c) NO CARRYBACK OF CREDITS.—Section that term in regulations prescribed by the automobiles and light trucks beginning with 32903(a) of title 49, United States Code, is Secretary for the administration of this model year 2011 is 30 miles per gallon. This amended— chapter, as in effect on January 1, 2002, ex- paragraph does not supersede the standard (1) by striking ‘‘applied to—’’ and inserting cept that such term shall also include any required by paragraph (1) for model year ‘‘applied—’’; additional vehicle that the Secretary defines 2015.’’; (2) by inserting ‘‘for model years before as a pickup truck in regulations prescribed (4) by striking ‘‘the standard’’ in sub- model year 2007, to’’ in paragraph (1) before for the administration of this chapter after section (c)(1) and inserting ‘‘a standard’’; ‘‘any’’; such date.’’. (5) by striking the first and last sentences (3) by striking ‘‘and’’ after the semicolon is of subsection (c)(2); and paragraph (1); SA 2999. Mr. KERRY (for himself, Mr. (6) by striking ‘‘(and submit the amend- (4) by striking ‘‘earned.’’ in paragraph (2) MCCAIN, Ms. SNOWE, Mr. SMITH of Or- ment to Congress when required under sub- and inserting ‘‘earned; and ’’; and

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1860 CONGRESSIONAL RECORD — SENATE March 13, 2002 (5) by adding at the end the following: of 2002, the Secretary of Transportation, drivers under average driving conditions in ‘‘(3) for model years after 2006, in accord- through the National Highway Traffic Safety the United States, which may be obtained ance with the vehicle credit trading system Administration, shall prescribe a motor ve- through a survey of current vehicle owners; established under subsection (g), to any of hicle safety standard under this chapter for and the 3 consecutive model years immediately rollover crashworthiness standards that in- (2) an assessment of the extent to which after the model year for which the credit was cludes— fuel economy deteriorates during the life of earned.’’. ‘’(1) dynamic roof crush standards; such passenger automobiles and light trucks. SEC. 803. STUDY OF TIER 2 STANDARDS. ‘‘(2) improved seat structure and safety (b) REPORT.—The Administrator shall, (a) STUDY.—Not later than 6 months after belt design; within 12 months after the date of enactment the date of enactment of this Act, the Ad- ‘‘(3) side impact head protection airbags; of this Act and annually thereafter, submit ministrator of the Environmental Protection and to the Committee on Commerce, Science, Agency shall, in consultation with the Sec- ‘‘(4) roof injury protection measures. and Transportation of the Senate and the retary of Energy and the Secretary of Trans- ‘‘(b) HEAVY VEHICLE HARM REDUCTION COM- Committee on Commerce and Energy of the portation, commence a study to analyze the PATIBILITY STANDARD. House of Representatives a report on the re- regulations regarding motor vehicle emis- ‘‘(1) INITIAL STANDARD.—Within 3 years sults of the study required by subsection (a) sion standards and gasoline sulfur control re- after the date of enactment of the Energy of this section. The report shall include— quirements promulgated on May 13, 1999, (40 Policy Act of 2002, the Secretary, through (1) a comparison between— CFR Parts 80, 85, and 86) to determine wheth- the National Highway Traffic Safety Admin- (A) fuel economy measured, for each model er those regulations allow optimization of istration, shall prescribe a motor vehicle in the applicable model year, through testing motor vehicle fuel efficiency and promote safety standard under this chapter that will procedures in effect as of the date of enact- greenhouse gas emission reductions in the reduce the aggressitivity of light trucks by ment of this Act; and new vehicle fleet. The study shall include an 33 percent, using a baseline model year of (B) fuel economy of such passenger auto- examination of the extent to which the bin 2002 and will improve vehicle compatibility mobiles and light trucks during actual on- structure created by those regulations may in collisions between light trucks and cars, road performance, as determined under sub- deter manufacturers from developing and in order to protect against unnecessary section (a); producing covered vehicles, including those death and injury.’’. (2) a statement of the percentage dif- using compression ignition engines, that are ‘‘(2) 5-YEAR REVIEW.—The section should ference, if any, between actual on-road fuel more fuel efficient and will promote greater review the effectiveness of this standard economy and fuel economy measured by test greenhouse gas emission reductions than ve- every 5 years following final issuance of the procedures of the Environmental Protection hicles that would otherwise be produced. In standard and shall issue, through the Na- Administration; and addition, the study shall include an examina- tional Highway Traffic Safety Administra- (3) any recommendations for legislative or tion of the extent to which biofuels can con- tion, upgrades to the standard to reduce fa- other action. tribute to meeting vehicle emission stand- talities and injuries related to vehicle com- SEC. 809. FUEL ECONOMY LABELS. ards for covered vehicles. patibility and light truck aggressitivity.’’. Section 32908 of title 49, United States (b) REPORT.—Not later than 18 months ‘‘(c) CONFORMING AMENDMENT.—The chap- Code, is amended— after the date of enactment of this Act, the ter analysis for chapter 301 of title 49, United (1) by striking ‘‘title.’’ in subsection (a)(1) Administrator shall submit the report on the States Code, is amended by inserting after and inserting ‘‘title, and a light truck (as de- results of the study to the Committee on the item relating to section 30217 the fol- fined in section 32901(17) after model year Commerce, Science, and Technology, and the lowing: 2007; and’’; Committee on Environment and Public ‘‘30128. Improved crashworthiness’’. (2) by redesignating subparagraph (F) of subsection (b)(1) as subparagraph (II), and in- Works of the Senate and the Committee on SEC. 807. SAFETY RATING LABELS. serting after subparagraph (E) the following: Energy and Commerce of the House of Rep- Section 32302 of title 49, United States ‘‘(F) a label (or a logo imprinted on a label resentatives. The report shall contain rec- Code, is amended— ommendations for any legislative or regu- required by this paragraph) that— (1) by redesignating paragraphs (3) and (4) ‘‘(i) reflects an automobile’s performance latory action the Administrator proposes if of subsection (a) as paragraphs (4) and (5), re- the Administrator determines such act on the basis of criteria developed by the Ad- spectively; ministrator to reflect the fuel economy and would encourage improvements in vehicle (2) by inserting after paragraph (2) of sub- fuel efficiency, reduce greenhouse gas emis- greenhouse gas and other emissions con- section (a) the following: sequences of operating the automobile over sions from the new vehicle fleet, and main- ‘‘(3) overall safety of the driver and pas- its likely useful life; tain or improve the new vehicle fleet’s emis- sengers of the vehicle in a collision.’’; and sions reductions projected to occur from im- ‘‘(ii) is easily understandable and permits (3) by striking subsection (b) and inserting consumers to compare performance results plementation of the regulations referred to the following: in subsection (a). under clause (i) among all passenger auto- ‘‘(b) MOTOR VEHICLE SAFETY INFORMATION. mobiles and light duty trucks (as defined in SEC. 804. ELIMINATION OF 2-FLEET RULE. ‘‘(1) IN GENERAL.—In carrying out sub- section 32901), and in the vehicles in the ve- (a) IN GENERAL.—Section 39204 of title 49, section (a), the Secretary shall establish test hicle class to which it belongs; and United States Code, is amended— criteria for use by manufacturers in deter- ‘‘(ii) is designed to encourage the manufac- (1) by striking subsection (b); and mining crashworthiness and the overall safe- (2) by redesignating subsections (c) ture and sale of passenger automobiles and ty of vehicles for drivers and passengers. light trucks that meet or exceed applicable through (e) as subsections (b) through (d), re- ‘‘(2) PRESENTATION OF DATA.—The Sec- spectively. fuel economy standards under section 32902. retary shall prescribe a system for pre- ‘‘(G) a fuelstar under paragraph (5).’’; and (b) EFFECTIVE DATE.—The amendments senting information developed under para- ‘‘(3) by adding at the end of subsection (b) made by subsection (a) shall apply to model graphs (1) through (3) of subsection (a) to the years 2007 and later. the following: public in a simple and understandable form ‘‘(4) LABEL PROGRAM. SEC. 805. ELIMINATION OF DUAL FUEL CREDIT. that facilitates comparison among the ‘‘(A) MARKETING ANALYSIS.—Within 2 years Section 32905 of title 49, United States makes and models of passenger motor vehi- after the date of enactment of the Energy Code, is repealed. cles. Policy Act of 2002, the Administrator shall SEC. 806. ENSURING SAFETY OF PASSENGER ‘‘(3) LABEL REQUIREMENT.—Each manufac- complete a study of social marketing strate- AUTOMOBILES AND LIGHT TRUCKS. turer of a new passenger motor vehicle (as gies with the goal of maximing consumer un- (a) IN GENERAL.—The Secretary of Trans- defined in section 32304(a)(8)) manufactured derstanding of point-of-sale labels or logos portation shall exercise such authority after September 30, 2005, and distributed in described in paragraph (1)(F). under Federal law as the Secretary may have commerce for sale in the United States shall ‘‘(B) CRITERIA.—In developing criteria for to ensure that— cause the information required by paragraph the label or logo, the Administrator shall (1) passenger automobiles and light trucks (2) to appear on, or adjacent to, the label re- also consider, among others as appropriate, (as those terms are defined in section 32901 of quired by section 3 of the Automobile Infor- the following factors: title 49, United States Code) are safe; mation Disclosure Act (15 U.S.C. 1232(b).’’. ‘‘(i) The recyclability of the automobile. (2) progress is made in improving the over- SEC. 808. FUEL ECONOMY TRUTH-IN-TESTING ‘‘(ii) Any other pollutants or harmful by- all safety of passenger automobiles and light STUDY. products related to the automobile, which trucks; and (a) IN GENERAL.—The Administrator of the may include those generated during manu- (3) progress is made in maximizing United Environmental Protection Agency shall con- facture of the automobile, those issued dur- States employment. duct— ing use of the automobile, or those generated (b) IMPROVED CRASHWORTHINESS.—Sub- (1) an ongoing examination of the accuracy after the automobile ceases to be operated. chapter II of chapter 301 of title 49, United of fuel economy testing of passenger auto- ‘‘(5) FUELSTAR PROGRAM. States Code, is amended by adding at the end mobiles and light trucks in accordance with ‘‘The Secretary, in consultation with the the following: procedures in effect as of the date of enact- Administrator, shall establish a program, to ‘‘§ 30128. Improved crashworthiness ment of this Act, as compared to the actual be known as the ‘fuelstar’ program, under ‘‘(a) ROLLOVERS.—Within 3 years after the performance of such passenger automobiles which stars shall be imprinted on or at- date of enactment of the Energy Policy Act and light trucks when driven by average tached to the label required by paragraph (1)

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that will, consistent with the findings of the State may, for the purpose of promoting en- ‘‘(3) ELIGIBLE MANUFACTURER.—In this sec- marketing analysis required under para- ergy conservation, permit a vehicle with tion the term ‘eligible manufacturer’ means graph (4)(A), provide consumer incentives to fewer than the otherwise required number of a passenger automobile or light truck manu- purchase vehicles that exceed the applicable occupants to operate in high occupancy vehi- facturer that— fuel economy standard. cle lanes if it is a hybrid vehicle or is cer- ‘‘(A) sold in the United States fewer than SEC. 810. SECRETARY OF TRANSPORTATION TO tified by the Secretary of Transportation, 0.5 percent of the combined number of pas- CERTIFY BENEFITS. after consultation with the Administrator of senger automobiles and light trucks sold in Beginning with model year 2007, the Sec- the Environmental Protection Agency, to be the United States in the model year 2 years retary of Transportation, in consultation a vehicle that runs only on an alterative before the model year to which the applica- with the Administrator of the Environ- fuel. tion relates; and mental Protection Agency, shall determine (b) HYBRID VEHICLE DEFINED.—In this sec- ‘‘(B) will sell in the United States fewer and certify annually to the Congress— tion, the term ‘‘hybrid vehicle’’ means a than 0.5 percent of the combined number of (1) the annual reduction in United States motor vehicle— passenger automobiles and light trucks sold consumption of petroleum used for vehicle (1) which— in the United States for the model year for fuel, and (A) draws propulsion energy from onboard which the alternative average fuel economy (2) the annual reduction in greenhouse gas sources of stored energy which are both— standard will apply.’’; emissions, (i) an internal combustion or beat engine (3) by inserting ‘‘IMPORTERS.—’’ before properly attributable to the implementation using combustible fuel; and ‘‘Notwithstanding’’ in paragraph (4), as re- of the average fuel economy standards im- (ii) a rechargeable energy storage system; designated; (4) by striking ‘‘be exempted’’ in paragraph posed under section 32902 of title 49, United or (4), as redesignated, and inserting ‘‘not apply States Code, as a result of the amendments (B) recovers kinetic energy through regen- for an alternative average fuel economy made by this Act. erative braking and provides at least 13 per- standard’’; SEC. 811. DEPARTMENT OF TRANSPORTATION cent maximum power from the electrical (5) by inserting ‘‘APPLICATION.—’’ in para- ENGINEERING AWARD PROGRAM. storage device; (2) which, in the case of a passenger auto- graph (5), as redesignated, before ‘‘The’’; and (a) ENGINEERING TEAM AWARDS.—The Sec- (6) by striking ‘‘exemption.’’ in paragraph retary of Transportation shall establish an mobile or light truck— (A) for 2002 and later model vehicles, has (5), as redesignated, and inserting ‘‘alter- engineering award program to recognize the native average fuel economy standard.’’. engineering team of any manufacturer of received a certificate of conformity under PART II—MARKET-BASED INITIATIVES passenger automobiles or light trucks (as section 206 of the Clean Air Act (42 U.S.C. FOR GREENHOUSE GAS REDUCTION such terms are defined in section 32901 of 7525) and meets or exceeds the equivalent title 49, United States Code) whose work di- qualifying California low emission vehicle SEC. 821. MARKET-BASED INITIATIVES. rectly results in production models of— standard under section 243(e)(2) of the Clean (a) ESTABLISHMENT OF REGISTRY FOR VOL- (1) the first large sport utility vehicle, van, Air Act (42 U.S.C. 7583(c)(2)) for that make UNTARY TRADING SYSTEMS.—The Secretary of or light truck to achieve a fuel economy rat- and model year; and Commerce, through the Undersecretary for ing of 30 miles per gallon under section 32902 (B) for 2004 and later model vehicles, has Technology, shall establish a national reg- of such title; and received a certificate that such vehicle istry system for greenhouse gas emission re- (2) the first mid-sized sport utility vehicle, meets the Tier II emission level established duction trading among entities under which van, or light truck to achieve a fuel economy in regulations prescribed by the Adminis- emission reductions from the applicable rating of 35 miles per gallon under section trator of the Environmental Protection baseline are assigned unique identifying nu- 32902 of such title. Agency under section 202(i) of the Clean Air merical codes by the registry. Participation (b) REQUIREMENTS FOR PARTICIPATION IN Act (42 U.S.C. 7521(i)) for that make and in the registry is voluntary. Any entity con- ENGINEERING TEAM AWARDS PROGRAM.—In es- model year vehicle; and (3) which is made by ducting business in the United States may tablishing the engineering team awards pro- a manufacturer. register its emission results, including emis- gram under subsection (a), the Secretary (c) ALTERNATIVE FUEL DEFINED.—In this sions generated outside of the United States, shall establish eligibility requirements that section the term ‘‘alternative fuel’’ has the on an entity-wide basis with the registry, include— meaning such term has under section 301(2) and may utilize the services of the registry. (1) a requirement that the vehicle, van, or of the Energy Policy Act of 1992 (42 U.S.C. (b) PURPOSES.—The purposes of the na- truck be domestically-manufactured or 13211(2)). tional registry are— manufacturable (if a prototype) within the SEC. 813. ALTERNATIVE FUEL ECONOMY STAND- (1) to encourage voluntary actions to re- meaning of section 32903 of title 49, United ARD FOR LOW VOLUME MANUFAC- duce greenhouse gas emissions and increase States Code; TURERS AND NEW ENTRANTS. energy efficiency, including increasing the (2) a requirement that the vehicle, van, or Section 32902(d) of title 49, United States fuel economy of passenger automobiles and truck meet all applicable Federal standards Code, is amended— light trucks and reducing the reliance by for emissions and safety (except that crash (1) by redesignating paragraphs (3) and (4) United States markets on petroleum pro- testing shall not be required for a proto- as paragraphs (4) and (5), respectively; duced outside the United States used to pro- type); and (2) by striking so much thereof as precedes vide vehicular fuel; (3) such additional requirements as the paragraph (4), as redesignated, and inserting (2) to enable participating entities to Secretary may require in order to carry out the following: record voluntary greenhouse gas emissions the program. ‘‘(d) ALTERNATIVE AVERAGE FUEL ECONOMY reductions; in a consistent format that is (c) AMOUNT OF PRIZE.—The Secretary shall STANDARD.— supported by third party verification; award a prize of not less than $30,000 to each ‘‘(1) IN GENERAL.—Upon application by an (3) to encourage participants involved in engineering team determined by the Sec- eligible manufacturer, the Secretary of existing partnerships to be able to trade retary to have successfully met the require- Transportation may prescribe an alternative emissions reductions among partnerships; ments of paragraph (1) or (2) of subsection average fuel economy standard for passenger (4) to further recognize, publicize, and pro- (a). The Secretary shall provide for recogni- automobiles and light trucks manufactured mote registrants making voluntary and tion of any manufacturer to have not the re- by that manufacturer if the Secretary finds mandatory reductions; quirements of subsection (b) with appro- that— (5) to recruit more participants in the pro- priate ceremonies and activities, and may ‘‘(A) the applicable standard prescribed gram; and (6) to help various entities in the nation es- provide a monetary award in an amount de- under subsection (a), (b), or (c) of this sec- tablish emissions baselines. termined by the Secretary to be appropriate. tion is more stringent than the maximum (c) FUNCTIONS.—The national registry shall (d) MANUFACTURER’S AWARD.—The Sec- feasible average fuel economy level the man- carry out the following functions: retary of Transportation shall also establish ufacturer can achieve; and (1) REFERRALS.—Provide referrals to ap- an Old Independence Award to recognize the ‘‘(B) the alternative average fuel economy proved providers for advice on— first manufacturer of domestically-manufac- standard prescribed under this subsection is (A) designing programs to establish emis- tured (within the meaning of section 32903 of the maximum feasible average fuel economy sions baselines and to monitor and track title 49, United States Code) passenger auto- level that manufacturer can achieve. greenhouse gas emissions; and mobiles and light trucks to achieve a com- ‘‘(2) APPLICATION OF ALTERNATIVE STAND- (B) establishing emissions reduction goals bined fuel economy rating of 36 miles per ARD.—The Secretary may provide for the ap- based on international best practices for spe- gallon under section 32902 of such title. plication of an alternative average fuel econ- cific industries and economic sectors. (e) AUTHORIZATION OF APPROPRIATIONS.— omy standard prescribed under paragraph (1) (2) UNIFORM REPORTING FORMAT.—Adopt a There are authorized to be appropriated to to— uniform format for reporting emissions base- the Secretary of Transportation such sums ‘‘(A) the manufacturer that applied for the lines and reductions established through— as may be necessary to carry out this sec- alternative average fuel economy standard; (A) the Director of the National Institute tion. ‘‘(B) all passenger automobiles to which of Standards and Technology for greenhouse SEC. 812. HIGH OCCUPANCY VEHICLE EXCEP- this subsection applies; or gas baselines and reductions generally; and TION. ‘‘(C) classes of passenger automobiles or (B) the Secretary of Transportation for (a) IN GENERAL.—Notwithstanding section light trucks manufactured by eligible manu- credits under section 32903 of title 49, United 102(a)(1) of title 23, United States Code, a facturers. States Code.

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(3) RECORD MAINTENANCE.—Maintain a (2) promulgate— (B) forest preservation and re-forestation record of all emission baselines and reduc- (A) standards for certification of registries activities which adequately address the tions verified by qualified independent audi- and operation of certified registries; and issues of permanence, leakage and tors. (B) standards for measurement, verification; and (4) ENCOURAGE PARTICIPATION.—Encourage verification, and recording of greenhouse gas (7) such other measurement, verification, organizations from various sectors to mon- emissions and greenhouse gas emission re- and recording standards as the panel deter- itor emissions, establish baselines and reduc- ductions by certified registries; mines to be appropriate. tion targets, and implement efficiency im- (3) maintain, and make available to the (g) CERTIFICATION OF REGISTRIES.—Except provement and renewable energy programs public, a list of certified registries; and as provided in subsection (h), a registrant to achieve those targets. (4) issue rulemakings on standards for that desires to be a certified registry shall (5) PUBLIC AWARENESS.—Recognize, pub- measuring, verifying, and recording green- submit to the panel an application that— licize, and promote participants that— house gas emissions and greenhouse gas (1) demonstrates that the registrant meets (A) commit to monitor their emissions and emission reductions proposed to the panel by each of the certification standards estab- set reduction targets; certified registries, through a standard proc- lished by the panel under subsections (d) and (B) establish emission baselines; and ess of issuing a proposed rule, taking public (e); and (C) report on the amount of progress made comment for no less than 30 days, then final- (2) meets such other requirements as the on their annual emissions. izing regulations to implement this Act, panel may establish. UTOMOBILE NDUSTRY (d) TRANSFER OF REDUCTIONS.—The reg- which will provide for recognizing new forms (h) A I .—The Secretary istry shall— of acceptable greenhouse gas reduction cer- of Transportation is deemed to be the cer- (1) allow for the transfer of ownership of tification procedures. tified registrant for credits earned under sec- any reductions realized in accordance with (e) CERTIFICATION AND OPERATION STAND- tion 32903 of title 49, United States Code. (i) ANNUAL REPORT.—Within 1 year after the program; and ARDS.—The standards promulgated by the (2) require that the registry be notified of panel shall include— the date of enactment of this Act and bienni- ally thereafter, the panel shall report to the any such transfer within 30 days after the (1) standards for ensuring the certified reg- Congress on the status of the program estab- transfer is effected. istries do not have any conflicts of interest, lished under this section. The report shall in- (e) FUTURE CONSIDERATIONS.—Any reduc- including standards that prohibit a certified clude an assessment of the level of participa- tions achieved under this program shall be registry from— tion in the program and amount of progress credited against any future mandatory (A) owning greenhouse gas emission reduc- being made on emission reduction targets. greenhouse gas reductions required by the tions recorded in any certified registry; or government. Final approval of the amount (B) receiving compensation in the form of SEC. 823. DEFINITIONS. and value of credits shall be determined by a commission where sources receive money In this part: (1) GREENHOUSE GAS.—The term ‘‘green- the agency responsible for the implementa- for the total number of tons certified; house gas’’ includes— tion of the mandatory greenhouse gas emis- (2) standards for authorizing certified reg- istries to enter into agreements with for- (A) carbon dioxide; sion reduction program, except that credits (B) methane; under section 32903 of title 49, United States profit persons engaged in trading of green- (C) hydro fluorocarbons; Code, shall be determined by the Secretary house gas emission reductions, subject of (D) perfluorocarbons; of Transportation. The Secretary of Com- paragraph (1); and (E) nitrous oxide; and merce shall by rule establish an appeals (3) such other standards for certification of (F) sulfur hexafluoride. process, that may incorporate an arbitration registries and operation of certified reg- (2) BASELINE.—The term ‘‘baseline’’ option, for resolving any dispute arising out istries as the panel determines to be appro- means— of such a determination made by that agen- priate. (A) the greenhouse gas emissions, deter- cy. (f) MEASUREMENT, VERIFICATION, AND RE- mined on an entity-wide basis for the par- CORDING STANDARDS.—The standards promul- (f) CAFE STANDARDS CREDITS.—The Sec- ticipant’s most recent previous 3-year an- retary of Transportation shall work with the gated by the panel shall provide for, in the nual average of greenhouse gas emissions Secretary of Commerce and the imple- case of certified registries— prior to the date of enactment of this Act; or (1) ensuring that certified registries accu- (B) if data is unavailable for that 3-year pe- menting panel established by section 822 to rately measure, verify, and record green- riod, the greenhouse gas emissions as of Sep- determine the equivalency of credits earned house gas emissions and greenhouse gas tember 30, 2002, (or as close to that date as under section 32903 of title 49, United States emission reductions, taking into account— such emission levels can reasonably be deter- Code, for inclusion in the registry. The Sec- (A) boundary issues such as leakage and mined). In promulgating regulations under retary shall by rule establish an appeals shifted utilization; and this part, the panel shall take into account process, that may incorporate an arbitration (B) such other factors as the panel deter- greenhouse gas emission reductions or off- option, for resolving any dispute arising out mines to be appropriate; setting actions taken by any entity before of such a determination. (2) ensuring that— the date on which the registry is established. SEC. 822. IMPLEMENTING PANEL. (A) certified registries do not double-count (3) CERTIFIED REGISTRY.—The term ‘‘cer- (a) ESTABLISHMENT.—There is established greenhouse gas emission reductions; and tified registry’’ means a registry that has within the Department of Commerce an im- (B) if greenhouse gas emission reductions been certified by the panel as meeting the plementing panel. are recorded in more than 1 certified reg- standards promulgated under section 821(e) (b) COMPOSITION.—The panel shall consist istry, such double-recording is clearly indi- and (f) and, for the automobile industry, the of— cated; Secretary of Transportation. (1) the Secretary of Commerce or the Sec- (3) determining the ownership of green- (4) GREENHOUSE GAS EMISSIONS.—The term retary’s designee, who shall serve as Chair- house gas emission reductions and recording ‘‘greenhouse gas emissions’’ means the quan- person; and tracking the transfer of greenhouse gas tity of greenhouse gases emitted by a source (2) the Secretary of Transportation or the emission reductions among entities (such as during a period, measured in tons of green- Secretary’s designee; and through assignment of serial numbers to house gases. (3) 1 expert in the field of greenhouse gas greenhouse gas emission reductions); (5) GREENHOUSE GAS EMISSION REDUCTION.— emissions reduction, certification, or trading (4) measuring the results of the use of car- The term ‘‘greenhouse gas emission reduc- from each of the following agencies— bon sequestration and carbon recapture tech- tion’’ means a quantity equal to the dif- (A) the Department of Energy; nologies; ference between— (B) the Environmental Protection Agency; (5) measuring greenhouse gas emission re- (A) the greenhouse gas emissions of a (C) the Department of Agriculture; ductions resulting from improvements in— source during a period; and (D) the National Aeronautics and Space (A) power plants; (B) the greenhouse gas emissions of the Administration; (B) automobiles (including types of pas- source during a baseline period of the same (E) the Department of Commerce; and senger automobiles and light trucks, as de- duration as determined by registries and en- (F) the Department of Transportation. fined in section 32901(a)(16) and (17) respec- tities defined as owners of emission sources. (c) EXPERTS AND CONSULTANTS.—Any mem- tively, produced in the same model year); (6) KYOTO PROTOCOL.—The term ‘‘Kyoto ber of the panel may secure the services of (C) carbon re-capture, storage and seques- protocol’’ means the Kyoto Protocol to the experts and consultants in accordance with tration, including organic sequestration and United Nations Framework Convention on the provisions of section 3109 of title 5, manufactured emissions injection, and or Climate Change (including the Montreal Pro- United States Code, for greenhouse gas re- storage; and tocol to the Convention on Substances that duction, certification, and trading experts in (D) other sources; Deplete the Ozone Layer). the private and nonprofit sectors and may (6) measuring prevented greenhouse gas (7) PANEL.—The term ‘‘panel’’ means the also utilize any grant, contract, cooperative emissions through the rulemaking process implementing panel established by section agreement, or other arrangement authorized and based on the latest scientific data, sam- 822(a). by law to carry out its activities under this pling, expert analysis related to measure- (8) REGISTRANT.—The term ‘‘registrant’’ subsection. ment and projections for prevented green- means a private person that operates a data- (d) DUTIES.—The panel shall— house gas emissions in tons including— base recording quantified and verified green- (1) implement and oversee the implementa- (A) organic soil carbon sequestration prac- house gas emissions and emissions reduc- tion of this section; tices; tions of sources owned by other entities.

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(9) SOURCE.—The term ‘‘source’’ means a of transactions, or specify criteria for trans- Commission rules that require public utili- source of greenhouse gas emissions. actions, that normally meet the standards ties to offer open access transmission serv- established in paragraph (4), and shall re- ices and that are not unduly discriminatory SA 3000. Mr. THOMAS (for himself, quire the Commission to grant or deny an or preferential. Mr. BINGAMAN, and Mr. MURKOWSKI) application for approval of a transaction of ‘‘(2) The Commission shall exempt from proposed an amendment to amendment such type within 90 days after the conclusion any rule or order under this subsection any unregulated transmitting utility that— SA 2917 proposed by Mr. DASCHLE (for of the hearing or opportunity to comment under paragraph (4). If the Commission does ‘‘(A) sells no more than 4,000,000 megawatt himself and Mr. BINGAMAN) to the bill not act within 90 days, such application shall hours of electricity per year; (S. 517) to authorize funding the De- be deemed granted unless the Commission ‘‘(B) does not own or operate any trans- partment of Energy to enhance its mis- finds that further consideration is required mission facilities that are necessary for op- sion areas through technology transfer to determine whether the proposed trans- erating an interconnected transmission sys- and partnerships for fiscal years 2002 action meets the standards of paragraph (4) tem (or any portion thereof), or through 2006, and for other purposes; as and issues one or more orders tolling the ‘‘(C) meets other criteria the Commission follows: time for acting on the application for an ad- determines to be in the public interest. ‘‘(3) The rate changing procedures applica- On page 14, strike line 3 and all that fol- ditional 90 days. ‘‘(6) For purposes of this subsection, the ble to public utilities under subsections (c) lows through page 21, line 15, and insert the terms ‘associate company’, ‘electric utility and (d) of section 205 are applicable to un- following: company’, ‘gas utility company’, ‘holding regulated transmitting utilities for purposes SEC. 202. ELECTRIC UTILITY MERGERS. company’, and ‘holding company system’ of this section. Section 203(a) of the Federal Power Act (16 have the meaning given those terms in the ‘‘(4) In exercising its authority under para- U.S.C. 824b) is amended to read as follows: Public Utility Holding Company Act of graph (1), the Commission may remand ‘‘(a)(1) No public utility shall, without first 2002.’’. transmission rates to an unregulated trans- having secured an order of the Commission mitting utility for review and revision where SEC. 203. MARKET-BASED RATES. authorizing it to do so— necessary to meet the requirements of para- (a) APPROVAL OF MARKET-BASED RATES.— ‘‘(A) sell, lease, or otherwise dispose of the graph (1). Section 205 of the Federal Power Act (16 whole of its facilities subject to the jurisdic- ‘‘(5) The provision of transmission services U.S.C. 824d) is amended by adding at the end tion of the Commission, or any part thereof under paragraph (1) does not preclude a re- of the following: of a value in excess of $10,000,000, quest for transmission services under section ‘‘(h) The Commission may determine ‘‘(B) merge or consolidate, directly or indi- 211. whether a market-based rate for the sale of rectly, such facilities or any part thereof ‘‘(6) The Commission may not require a electric energy subject to the jurisdiction of with the facilities of any other person, by State or municipality to take action under the Commission is just and reasonable and any means whatsoever, this section that constitutes a private busi- not unduly discriminatory or preferential. In ‘‘(C) purchase, acquire, or take any secu- ness use for purposes of section 141 of the In- making such determination, the Commission rity of any other public utility, or ternal Revenue Code of 1986 (26 U.S.C. 141). ‘‘(D) purchase, lease, or otherwise acquire shall consider such factors as the Commis- ‘‘(7) For purposes of this subsection, the existing facilities for the generation of elec- sion may deem to be appropriate and in the term ‘unregulated transmitting utility’ tric energy unless such facilities will be used public interest, including to the extent the means an entity that— exclusively for the sale of electric energy at Commission considers relevant to the whole- ‘‘(A) owns or operates facilities used for retail. sale power market— the transmission of electric energy in inter- ‘‘(2) No holding company in a holding com- ‘‘(1) market power; state commerce, and ‘‘(2) the nature of the market and its re- pany system that includes a transmitting ‘‘(B) is either an entity described in section sponse mechanisms; and utility or an electric utility company shall 201(f) or a rural electric cooperative.’’. ‘‘(3) reserve margins.’’. purchase, acquire, or take any security of, SEC. 206. ELECTRIC RELIABILITY STANDARDS. (b) REVOCATION OF MARKET-BASED RATES.— or, by any means whatsoever, directly or in- Section 206 of the Federal Power Act (16 directly, merge or consolidate with a trans- U.S.C. 824e) is amended by adding at the end SA 3001. Mr. THOMAS (for himself, mitting utility, an electric utility company, the following: Mr. BINGAMAN, and Mr. MURKOWSKI) a gas utility company, or a holding company ‘‘(f) Whenever the Commission, after a proposed an amendment to amendment in a holding company system that includes a hearing had upon its own motion or upon SA 2917 proposed by Mr. DASCHLE (for transmitting utility, an electric utility com- complaint, finds that a rate charged by a pany, or a gas utility company, without first himself and Mr. BINGAMAN) to the bill public utility authorized to charge a market- (S. 517) to authorize funding the De- having secured an order of the Commission based rate under section 205 is unjust, unrea- authorizing it to do so. sonable, unduly discriminatory or pref- partment of Energy to enhance its mis- ‘‘(3) Upon application for such approval the erential, the Commission shall determine sion areas through technology transfer Commission shall give reasonable notice in the just and reasonable rate and fix the same and partnerships for fiscal years 2002 writing to the Governor and State commis- by order.’’. through 2006, and for other purposes; as sion of each of the States in which the phys- SEC. 204. REFUND EFFECTIVE DATE. follows: ical property affected, or any part thereof, is Section 206(b) of the Federal Power Act (16 situated, and to such other persons as it may On page 24, strike line 1 and all that fol- U.S.C. 824e(b)) is amended by— deem advisable. lows through page 27, line 20 and insert the (1) striking ‘‘the date 60 days after the fil- ‘‘(4) After notice and opportunity for hear- following: ing of such complaint nor later than 5 ing, the Commission shall approve the pro- SEC. 207. MARKET TRANSPARENCY RULES. months after the expiration of such 60-day posed disposition, consolidation, acquisition, Part II of the Federal Power Act is further period’’ in the second sentence and inserting or control, if it finds that the proposed amended by adding at the end the following: ‘‘the date of the filing of such complaint nor transaction— ‘‘SEC. 216. MARKET TRANSPARENCY RULES. later than 5 months after the filing of such ‘‘(A) will be consistent with the public in- ‘‘(a) COMMISSION RULES.—Not later than 180 complaint’’; terest; days after the date of enactment of this sec- (2) striking ‘‘60 days after’’ in the third ‘‘(B) will not adversely affect the interests tion, the Commission shall issue rules estab- sentence and inserting ‘‘of’’; and of consumers of electric energy of any public lishing an electronic information system to (3) striking ‘‘expiration of such 60-day pe- utility that is a party to the transaction or provide information about the availability riod’’ in the third sentence and inserting is an associate company of any part to the and price of wholesale electric energy and ‘‘publication date’’. transaction; transmission services to the Commission, ‘‘(C) will not impair the ability of the Com- SEC. 205. OPEN ACCESS TRANSMISSION BY CER- state commissions, buyers and sellers of TAIN UTILITIES. mission or any State commission having ju- wholesale electric energy, users of trans- Part II of the Federal Power Act is further risdiction over any public utility that is a mission services, and the public on a timely amended by inserting after section 211 the party to the transaction or an associate basis. following: company of any party to the transaction to ‘‘(b) INFORMATION REQUIRED.—The Commis- protect the interests of consumers or the ‘‘OPEN ACCESS BY UNREGULATED TRANSMITTING sion shall require— public; and UTILITIES ‘‘(1) each regional transmission organiza- ‘‘(D) will not lead to cross-subsidization of ‘‘SEC. 211A. (1) Subject to section 212(h), tion to provide statistical information about associate companies or encumber any utility the Commission may, by rule or order, re- the available capacity and capacity of trans- assets for the benefit of an associate com- quire an unregulated transmitting utility to mission facilities operated by the organiza- pany. provide transmission services— tion; and ‘‘(5) The Commission shall, by rule, adopt ‘‘(A) at rates that are comparable to those ‘‘(2) each broker, exchange, or other mar- procedures for the expeditious consideration that the unregulated transmitting utility ket-making entity that matches offers to of applications for the approval of disposi- charges itself, and sell and offers to buy wholesale electric en- tions, consolidations, or acquisitions under ‘‘(B) on terms and conditions (not relating ergy in interstate commerce to provide sta- this section. Such rules shall identify classes to rates) that are comparable to those under tistical information about the amount and

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1864 CONGRESSIONAL RECORD — SENATE March 13, 2002 sale price of sales of electric energy at (S. 517) to authorize funding the De- partment of Energy to enhance its mis- wholesale in interstate commerce it trans- partment of Energy to enhance its mis- sion areas through technology transfer acts. sion areas through technology transfer and partnerships for fiscal years 2002 ‘‘(c) TIMELY BASIS.—The Commission shall and partnerships for fiscal years 2002 through 2006, and for other purposes; as require the information required under sub- section (b) to be posted on the Internet as through 2006, and for other purposes; as follows: soon as practicable and updated as fre- follows: On page 50, strike line 10 and all that fol- quently as practicable. On page 44, strike line 3 and all that fol- lows through page 54, line 10, and insert the ‘‘(d) PROTECTION OF SENSITIVE INFORMA- lows through page 45, line 12 and insert the following: TION.—The Commission shall exempt from following: SEC. 245. NET METERING. disclosure commercial or financial informa- SEC. 241. REAL-TIME PRICING AND TIME-OF-USE (a) ADOPTION OF STANDARD.—Section 111(d) tion that the Commission, by rule or order, METERING STANDARDS. of the Public Utility Regulatory Policies Act determines to be privileged, confidential, or (a) ADOPTION OF STANDARDS.—Section of 1978 (16 U.S.C. 2621(d)) is further amended otherwise sensitive.’’. 111(d) of the Public Utility Regulatory Poli- by adding at the end the following: SEC. 208. ACCESS TO TRANSMISSION BY INTER- cies Act of 1978 (16 U.S.C. 2621(d)) is amended ‘‘(13) NET METERING.—(A) Each electric MITTENT GENERATORS. by adding at the end the following: utility shall make available upon request net Part II of the Federal Power Act is further ‘‘(11) REAL-TIME PRICING.—(A) Each electric metering service to any electric consumer amended by adding at the end the following: utility shall, at the request of an electric that the electric utility serves. ‘‘SEC. 217. ACCESS TO TRANSMISSION BY INTER- consumer, provide electric service under a ‘‘(B) For purposes of implementing this MITTENT GENERATORS. real-time schedule, under which the rate paragraph, any reference contained in this ‘‘(a) FAIR TREATMENT OF INTERMITTENT charged by the electric utility varies by the section to the date of enactment of the Pub- GENERATORS.—The Commission shall ensure hour (or smaller time interval) according to lic Utility Regulatory Policies Act of 1978 that all transmitting utilities provide trans- changes in the electric utility’s wholesale shall be deemed to be a reference to the date mission service to intermittent generators in power cost. The real-time pricing service of enactment of this paragraph. a manner that does not unduly prejudice or shall enable the electric consumer to man- ‘‘(C) Notwithstanding subsections (b) and disadvantage such generators for character- age energy use and cost through real-time (c) of section 112, each State regulatory au- istics that are— metering and communications technology. thority shall consider and make a deter- ‘‘(1) inherent to intermittent energy re- ‘‘(B) For purposes of implementing this mination concerning whether it is appro- sources; and paragraph, any reference contained in this priate to implement the standard set out in ‘‘(2) are beyond the control of such genera- section to the date of enactment of the Pub- subparagraph (A) not later than one year tors. lic Utility Regulatory Policies Act of 1978 after the date of enactment of this para- graph. ‘‘(b) POLICIES.—The Commission shall en- shall be deemed to be a reference to the date (b) SPECIAL RULES FOR NET METERING.— sure that the requirement in subsection (a) of enactment of this paragraph. Section 115 of the Public Utility Regulatory is met by adopting such policies as it deems ‘‘(C) Notwithstanding subsections (b) and Policies Act of 1978 (16 U.S.C. 2625) is further appropriate which shall include the fol- (c) of section 112, each State regulatory au- amended by adding at the end the following: lowing: thority shall consider and make a deter- ‘‘(k) NET METERING.— ‘‘(1) Subject to the sole exception set forth mination concerning whether it is appro- ‘‘(1) RATES AND CHARGES.—An electric util- in paragraph (2), the Commission shall en- priate to implement the standard set out in subparagraph (A) not later than one year ity— sure that the rates transmitting utilities ‘‘(A) shall charge the owner or operator of charge intermittent generator customers for after the date of enactment of this para- graph. an on-site generating facility rates and transmission services do not unduly preju- charges that are identical to those that dice or disadvantage intermittent generator ‘‘(12) TIME-OF-USE METERING.—(A) Each electric utility shall, at the request of an would be charged other electric consumers of customers for scheduling deviations. the electric utility in the same rate class; ‘‘(2) The Commission may exempt a trans- electric consumer, provide electric service under a time-of-use rate schedule which en- and mitting utility from the requirement set ‘‘(B) shall not charge the owner or operator forth in paragraph (1) if the transmitting ables the electric consumer to manage every use and cost through time-of-use metering of an on-site generating facility any addi- utility demonstrates that scheduling devi- tional standby, capacity, interconnection, or ations by its intermittent generator cus- and technology. ‘‘(B) For purposes of implementing this other rate or charge. tomers are likely to have an adverse impact ‘‘(2) MEASUREMENT.—An electric utility on the reliability of the transmitting util- paragraph, any reference contained in this section to the date of enactment of the Pub- that sells electric energy to the owner or op- ity’s system. erator of an on-site generating facility shall ‘‘(3) The Commission shall ensure that to lic Utility Regulatory Policies Act of 1978 shall be deemed to be a reference to the date measure the quantity of electric energy pro- the extent any transmission charges recov- duced by the on-site facility and the quan- ering the transmitting utility’s embedded of enactment of this paragraph. ‘‘(C) Notwithstanding subsections (b) and tity of electric energy consumed by the costs are assessed to such intermittent gen- (c) of section 112, each State regulatory au- owner or operator of an on-site generating erators, they are assessed to such generators thority shall consider and make a deter- facility during a billing period in accordance on the basis of kilowatt-hours generated or mination concerning whether it is appro- with normal metering practices. some other method to ensure that they are priate to implement the standards set out in ‘‘(3) ELECTRIC ENERGY SUPPLIED EXCEEDING fully recovered by the transmitting utility. subparagraph (A) not later than one year ELECTRIC ENERGY GENERATED.—If the quan- ‘‘(4) The Commission shall require trans- after the date of enactment of this para- tity of electric energy sold by the electric mitting utilities to offer to intermittent graph.’’. utility to an on-site generating facility ex- generators, and may require transmitting (b) SPECIAL RULES.—Section 115 of the Pub- ceeds the quantity of electric energy sup- utilities to offer to all transmission cus- lic Utility Regulatory Policies Act of 1978 (16 plied by the on-site generating facility to the tomers, access to nonfirm transmission serv- U.S.C. 2625) is amended by adding at the end electric utility during the billing period, the ice. the following: electric utility may bill the owner or oper- ‘‘(c) DEFINITIONS.—As used in this section: ‘‘(i) REAL-TIME PRICING.—In a state that ator for the net quantity of electric energy ‘‘(1) The term ‘intermittent generator’ permits third-party marketers to sell elec- sold, in accordance with normal metering means a facility that generates electricity tric energy to retail electric consumers, the practices. using wind or solar energy and no other en- electric consumer shall be entitled to receive ‘‘(4) ELECTRIC ENERGY GENERATED EXCEED- ergy source. the same real-time metering and commu- ING ELECTRIC ENERGY SUPPLIED.—If the quan- ‘‘(2) The term ‘nonfirm transmission serv- nication service as a direct retail electric tity of electric energy supplied by the on-site ice’ means transmission service provided on consumer of the electric utility. generated facility to the electric utility ex- an ‘as available’ basis. ‘‘(j) TIME-OF-USE METERING.—In a state ceeds the quantity of electric energy sold by ‘‘(3) The term ‘scheduling deviation’ means that permits third-party marketers to sell the electric utility to the on-site generating delivery of more or less energy than has pre- electric energy to retail electric consumers, facility during the billing period— viously been forecast in a schedule sub- the electric consumer shall be entitled to re- ‘‘(A) the electric utility may bill the owner mitted by an intermittent generator to a ceive the same time-of-use metering and or operator of the on-site generating facility control area operator or transmitting util- communication service as a direct retail for the appropriate charges for the billing pe- ity.’’. electric consumer of the electric utility.’’. riod in accordance with paragraph (2); and SEC. 209. ENFORCEMENT. ‘‘(B) the owner or operator of the on-site SA 3003. Mr. THOMAS (for himself, generating facility shall be credited for the excess kilowatt-hours generated during the SA 3002. Mr. THOMAS (for himself, Mr. BINGAMAN, and Mr. MURKOWSKI) billing period, with the kilowatt-hour credit Mr. BINGAMAN, and Mr. MURKOWSKI) proposed an amendment to amendment appearing on the bill for the following billing proposed an amendment to amendment SA 2917 proposed by Mr. DASCHLE (for period. SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to the bill ‘‘(5) SAFETY AND PERFORMANCE STAND- himself and Mr. BINGAMAN) to the bill (S. 517) to authorize funding the De- ARDS.—An eligible on-site generating facility

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1865 and net metering system used by an electric total amount of electric energy the federal amendment intended to be proposed to consumer shall meet all applicable safety, government consumes during any fiscal amendment SA 2917 proposed by Mr. performance, reliability, and interconnec- year— DASCHLE (for himself and Mr. BINGA- tion standards established by the National (1) not less than 3 percent in fiscal years MAN) to the bill (S. 517) to authorize Electrical Code, the Institute of Electrical 2003 through 2004, and Electronics Engineers, and Underwriters (2) not less than 5 percent in fiscal years funding the Department of Energy to Laboratories. 2005 through 2009, and enhance its mission areas through ‘‘(6) ADDITIONAL CONTROL AND TESTING RE- (3) not less than 7.5 percent in fiscal year technology transfer and partnerships QUIREMENTS.—The Commission, after con- 2010 and each fiscal year thereafter— for fiscal years 2002 through 2006, and sultation with State regulatory authorities shall be renewable energy. The President shall encourage the use of innovative pur- for other purposes; which was ordered and nonregulated electric utilities and after chasing practices by federal agencies. to lie on the table; as follows: notice and opportunity for comment, may (2) DEFINITION.—For purposes of this sec- At the end of subtitle B of title VIII, add adopt, by rule, additional control and testing tion, the term ‘‘renewable energy’’ means the following: requirements for on-site generating facilities electric energy generated from solar, wind, and net metering systems that the Commis- SEC. 8ll. FEDERAL AGENCY ETHANOL-BLEND- biomass, geothermal, fuel cells, municipal ED GASOLINE AND BIODIESEL PUR- sion determines are necessary to protect solid waste, or additional hydroelectric gen- CHASING REQUIREMENT. public safety and system reliability. eration capacity achieved from increased ef- Title III of the Energy Policy Act of 1992 is ‘‘(7) DEFINITIONS.—For purposes of this sub- ficiency or additions of new capacity. amended by striking section 306 (42 U.S.C. section: (c) TRIBAL POWER GENERATION.—The Presi- 13215) and inserting the following: ‘‘(1) The term ‘eligible on-site generating dent shall seek to ensure that, to the extent facility’ means— ‘‘SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED economically feasible and technically prac- GASOLINE AND BIODIESEL PUR- ‘‘(A) a facility on the site of a residential ticable, not less than one-tenth of the CHASING REQUIREMENT. electric consumer with a maximum gener- amount specified in subsection (a) shall be ‘‘(a) ETHANOL-BLENDED GASOLINE.—The ating capacity of 500 kilowatts or less that is renewable energy that is generated by an In- head of each Federal agency shall ensure fueled solely by a renewable energy resource, dian tribe or by a corporation, partnership, that, in areas in which ethanol-blended gaso- landfill gas, or a high efficiency system. or business association which is wholly or line is available, the Federal agency pur- ‘‘(B) a facility on the site of a commercial majority owned, directly or indirectly, by an chases ethanol-blended gasoline containing electric consumer with a maximum gener- Indian tribe. For purposes of this subsection, at least 10 percent ethanol (or the highest ating capacity of 500 kilowatts or less that is the term ‘‘Indian tribe’’ means any Indian available percentage of ethanol), rather than fueled solely by a renewable energy resource, tribe, band, nation, or other organized group nonethanol-blended gasoline, for use in vehi- landfill gas, or a high efficiency system. or community, including any Alaska Native cles used by the agency. ‘‘(2) The term ‘renewable energy resource’ village or regional or village corporation as ‘‘(b) BIODIESEL.— means solar, wind, biomass, or geothermal defined in or established pursuant to the ‘‘(1) DEFINITION OF BIODIESEL.—In this sub- energy. Alaska Native Claims Settlement Act (43 section, the term ‘biodiesel’ has the meaning ‘‘(3) The term ‘high efficiency system’ U.S.C. 1601 et seq.), which is recognized as el- given the term in section 312(f). means fuel cells or combined heat and power. igible for the special programs and services ‘‘(2) REQUIREMENT.—The head of each Fed- ‘‘(4) The term ‘net metering service’ means provided by the United States to Indians be- eral agency shall ensure that the Federal service to an electric consumer under which cause of their status as Indians. agency purchases, for use in fueling fleet ve- electric energy generated by that electric (d) BIENNIAL REPORT.—In 2004 and every 2 hicles used by the Federal agency at the lo- consumer from an eligible on-site generating years thereafter, the Secretary of Energy cation at which fleet vehicles of the Federal facility and delivered to the local distribu- shall report to the Committee on Energy and agency are centrally fueled— tion facilities may be used to offset electric Natural Resources of the Senate and the ap- ‘‘(A) as of the date that is 5 years after the energy provided by the electric utility to the propriate committees of the House of Rep- date of enactment of this paragraph, bio- electric consumer during the applicable bill- resentatives on the progress of the federal diesel-blended diesel fuel that contains at ing period.’’. government in meeting the goals established least 2 percent biodiesel, rather than by this section. nonbiodiesel-blended diesel fuel; and SA 3004. Mr. THOMAS (for himself, ‘‘(B) as of the date that is 10 years after the Mr. BINGAMAN, and Mr. MURKOWSKI) SA 3006. Mr. THOMAS (for himself, date of enactment of this paragraph, bio- proposed an amendment to amendment Mr. BINGAMAN, and Mr. MURKOWSKI) diesel-blended diesel fuel that contains at SA 2917 proposed by Mr. DASCHLE (for proposed an amendment to amendment least 20 percent biodiesel, rather than himself and Mr. BINGAMAN) to the bill SA 2917 proposed by Mr. DASCHLE (for nonbiodiesel-blended diesel fuel.’’. (S. 517) to authorize funding the De- himself and Mr. BINGAMAN) to the bill partment of Energy to enhance its mis- (S. 517) to authorize funding the De- SA 3009. Mr. DOMENICI proposed an sion areas through technology transfer partment of Energy to enhance its mis- amendment to amendment SA 2917 pro- and partnerships for fiscal years 2002 sion areas through technology transfer posed by Mr. DASCHLE (for himself and through 2006, and for other purposes; as and partnerships for fiscal years 2002 Mr. BINGAMAN) to the bill (S. 517) to au- follows: through 2006, and for other purposes; as thorize funding the Department of En- ergy to enhance its mission areas On page 58, strike line 16 and all that fol- follows: lows through line 23 and insert the following: On page 2, strike the items relating to sec- through technology transfer and part- SEC. 256. STATE AUTHORITY. tions 205 through 210 and insert the fol- nerships for fiscal years 2002 through Nothing in this subtitle shall be construed lowing: 2006, and for other purposes; as follows: to preclude a State or State regulatory au- Sec. 205. Open access transmission by certain On page 123, after line 17, insert the fol- thority from prescribing and enforcing laws, utilities. lowing: rules, or procedures regarding the practices Sec. 206. Electric reliability standards. SEC. 514. OFFICE OF SPENT NUCLEAR FUEL RE- which are the subject of this section. Sec. 207. Market transparency rules. SEARCH. Sec. 208. Access to transmission by intermit- (a) FINDINGS.—Congress finds that— tent generators. (1) before the Federal Government takes SA 3005. Mr. THOMAS (for himself, Sec. 209. Enforcement. Mr. BINGAMAN, and Mr. MURKOWSKI) any irreversible action relating to the dis- proposed an amendment to amendment SA 3007. Mr. CAMPBELL (for him- posal of spent nuclear fuel, Congress must determine whether the spent fuel in the re- SA 2917 proposed by Mr. DASCHLE (for self, Mr. BROWNBACK, Mr. GRAMM, Mr. pository should be treated as waste subject himself and Mr. BINGAMAN) to the bill ENZI, and Mr. SMITH of New Hampshire) to permanent burial or should be considered (S. 517) to authorize funding the De- proposed an amendment to amendment an energy resource that is needed to meet fu- partment of Energy to enhance its mis- SA 2917 proposed by Mr. DASCHLE (for ture energy requirements; and sion areas through technology transfer himself and Mr. BINGAMAN) to the bill (2) national policy on spent nuclear fuel and partnerships for fiscal years 2002 (S. 517) to authorize funding the De- may evolve with time as improved tech- through 2006, and for other purposes; as partment of Energy to enhance its mis- nologies for spent fuel are developed or as follows: sion areas through technology transfer national energy needs evolve. (b) DEFINITIONS.—In this section: On page 64, strike line 8 and all that fol- and partnerships for fiscal years 2002 (1) Associate Director.—The term ‘‘Asso- lows through page 65, line 17, and insert the through 2006, and for other purposes; as ciate Director’’ means the Associate Direc- following: follows: tor of that Office. SEC. 263. FEDERAL PURCHASE REQUIREMENT. Strike section 822. (2) OFFICE.—The term ‘‘Office’’ means the (a) REQUIREMENT.—the President shall seek Office of Spent Nuclear Fuel Research within to ensure that, to the extent economically SA 3008. Mr. DAYTON (for himself the Office of Nuclear Energy Science and feasible and technically practicable, of the and Mr. GRASSLEY) submitted an Technology of the Department of Energy.

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1866 CONGRESSIONAL RECORD — SENATE March 13, 2002 (c) ESTABLISHMENT.—There is established pable of making liquid and gaseous fuels nominations of Robert Watson Cobb to an Office of Spent Nuclear Fuel Research from cellulosic feedstocks that are price- be Inspector General and MG Charles within the Office of Nuclear Science and competitive with gasoline or diesel in either Bolden, Jr., to be Deputy Adminis- Technology of the Department of Energy. internal combustion engines or fuel cell ve- trator of NASA, at 2:30 P.M., on March (d) HEAD OF OFFICE.—The Office shall be hicles by 2010; and headed by the Associate Director, who shall (B) advanced biotechnology processes capa- 13, 2002. be a member of the Senior Executive Service ble of making biofuels, biobased polymers, The PRESIDING OFFICER. Without appointed by the Director of the Office of and chemicals, with particular emphasis on objection, it is so ordered. Nuclear Energy Science and Technology, and the development of biorefineries that use en- COMMITTEE ON ENVIRONMENT AND PUBLIC compensated at a rate determined by appli- zyme based processing systems. WORKS cable law. For purposes of this paragraph, the term Mr. REID. Mr. President, I ask unan- (e) DUTIES OF THE ASSOCIATE DIRECTOR.— ‘‘cellulosic feedstock’’ means any portion of imous consent that the Committee on (1) IN GENERAL.—The Associate Director a food crop not normally used in food pro- Environment and Public Works be au- shall be responsible for carrying out an inte- duction or any non-food crop grown for the thorized to meet on Wednesday, March grated research, development, and dem- purpose of producing biomass feedstock. onstration program on technologies for 13, 2002, at 9:30 a.m., to hold a hearing to receive testimony on the economic treatment recycling, and disposal of high- SA 3011. Mr. BINGAMAN (for Ms. level nuclear radioactive waste and spent nu- and environmental risks associated clear fuel, subject to the general supervision LANDRIEU) (for himself and Mr. DOMEN- with increasing greenhouse gas emis- of the Secretary. ICI) proposed an amendment to amend- sions. The hearing will be held in SD– (2) PARTICIPATION.—The Associate Director ment SA 2917 proposed by Mr. DASCHLE 406. shall coordinate the participation of na- (for himself and Mr. BINGAMAN) to the The PRESIDING OFFICER. Without tional laboratories, universities, the com- bill (S. 517) to authorize funding the objection, it is so ordered. mercial nuclear industry, and other organi- Department of Energy to enhance its COMMITTEE ON FOREIGN RELATIONS zations in the investigation of technologies mission areas through technology Mr. REID. Mr. President, I ask unan- for the treatment, recycling, and disposal of transfer and partnerships for fiscal spent nuclear fuel and high-level radioactive imous consent that the Committee on waste. years 2002 through 2006, and for other Foreign Relations be authorized to (3) ACTIVITIES.—The Associate Director purposes; as follows: meet during the session of the Senate shall— On page 443, strike lines 21 through page on Wednesday, March 13, 2002, at 5 p.m., (A) develop a research plan to provide rec- 444, line 2 and insert the following: to hold a nomination hearing. ommendations by 2015; (2) examine— (B) identify promising technologies for the (A) advanced proliferation-resistant and Agenda treatment, recycling, and disposal of spent passively safe reactor designs; Nominee: The Honorable Robert nuclear fuel and high-level radioactive (B) new reactor designs with higher effi- waste; Finn, of New York, to be Ambassador ciency, lower cost, and improved safety; to Afghanistan. (C) conduct research and development ac- (C) in coordination with activities carried tivities for promising technologies; out under the amendments made by section The PRESIDING OFFICER. Without (D) ensure that all activities include as 1223, designs for a high temperature reactor objection, it is so ordered. key objectives minimization of proliferation capable of producing large-scale quantities COMMITTEE ON GOVERNMENTAL AFFAIRS concerns and risk to the health of the gen- of hydrogen using thermo-chemical proc- Mr. REID. Mr. President, I ask unan- eral public or site workers, as well as devel- esses; imous consent that the Committee on opment of cost-effective technologies; (D) proliferation-resistant and high-burn- (E) require research on both reactor- and Governmental Affairs be authorized to up nuclear fuels; meet on Wednesday, March 13, 2002, at accelerator-based transmission systems; (E) minimization of generation of radio-ac- (F) require research on advanced proc- 9:30 a.m., to hold a hearing entitled tive materials; essing and separations; ‘‘Public Health and Natural Resources: (F) improved nuclear waste management (G) include participation of international technologies; and A Review of the Implementation of Our collaborators in research efforts, and provide (G) improved instrumentation science; Environmental Laws, Part II.’’ funding to a collaborator that brings unique The PRESIDING OFFICER. Without f capabilities not available in the United objection, it is so ordered. States if the country in which the collabo- AUTHORITY FOR COMMITTEES TO SUBCOMMITTEE ON STRATEGIC rator is located is unable to provide for their MEET support; and Mr. REID. Mr. President, I ask unan- (H) ensure that research efforts are coordi- COMMITTEE ON ARMED SERVICES imous consent that the Subcommittee nated with research on advanced fuel cycles Mr. REID. Mr. President, I ask unan- on Strategic of the Committee on and reactors conducted by the Office of Nu- imous consent that the committee on Armed Services be authorized to meet clear Energy Science and Technology. during the session of the Senate on (f) GRANT AND CONTRACT AUTHORITY.—The armed services be authorized to meet during the session of the senate on Wednesday, March 13, 2002, at 2:30 p.m., Secretary may make grants, or enter into in open session to receive testimony on contracts, for the purposes of the research Wednesday, March 13, 2002, at 9:30 A.M., projects and activities described in this sec- in open session to receive testimony on ballistic missile defense acquisition tion. the Defense Health Program in Review policy and oversight, in review of the (g) REPORT.—The Associate Director shall of the Defense Authorization request Defense authorization request for fiscal annually submit to Congress a report on the for Fiscal year 2003. year 2003. activities and expenditures of the Office that The PRESIDING OFFICER. Without describes the progress being made in achiev- The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. ing the objectives of this section. SUBCOMMITTEE ON TECHNOLOGY, TERRORISM COMMITTEE ON BANKING, HOUSING, AND URBAN AND GOVERNMENT INFORMATION Mr. BINGAMAN (for Ms. AFFAIRS SA 3010. Mr. REID. Mr. President, I ask unan- LANDRIEU) proposed an amendment to Mr. REID. Mr. President, I ask unan- imous consent that the Committee on amendment SA 2917 proposed by Mr. imous consent that the Committee on the Judiciary Subcommittee on Tech- DASCHLE (for himself and Mr. BINGA- Banking Housing, and Urban Affairs be nology, Terrorism and Government In- MAN) to the bill (S. 517) to authorize authorized to meet during the session formation be authorized to meet to funding the Department of Energy to of the Senate on Wednesday, March 13, conduct a hearing on ‘‘Narco-Terror: enhance its mission areas through 2002, at 10 A.M., to conduct an over- The Worldwide Connection Between technology transfer and partnerships sight hearing on ‘‘Transit in the 21st Drugs and Terrorism’’ on Wednesday, for fiscal years 2002 through 2006, and Century: Successes and Challenges.’’ March 13, 2002, at 10 a.m., in Dirksen for other purposes; as follows: The PRESIDING OFFICER. Without 226. On page 405, strike line 16 and all that fol- objection, it is so ordered. lows through line 23, and insert the fol- COMMITTEE ON COMMERCE, SCIENCE , AND Witness List lowing: TRANSPORTATION Panel I: Asa Hutchinson, Adminis- (6) BIOFUELS.—The goal of the biofuels pro- gram shall be to develop, in partnership with Mr. REID. Mr. President, I ask unan- trator, Drug Enforcement Administra- industry— imous consent that the Committee on tion; R. Rand Beers, Assistant Sec- (A) advanced biochemical and Commerce, Science, and Transpor- retary, Bureau for International Nar- thermochemical conversion technologies ca- tation be authorized to meet on the cotics and Law Enforcement Affairs,

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1867 Department of State; and Richard New- ORDER FOR ADJOURNMENT will, there was a commitment that comb, Director, Office of Foreign As- Mr. REID. Madam President, if there there would also be a move to quickly sets Control, Department of Treasury. is no further business to come before address a similar and equally vexing Panel II: Curtis Kamman, Former the Senate, I ask unanimous consent problem of railroad security. United States Ambassador to Colom- that the Senate stand in adjournment Passenger rail is a critical compo- bia, Department of State, Washington, following the statement of the Senator nent of our national transportation in- frastructure as, I might add, Sep- DC; Michael Shifter, Adjunct Professor from Delaware, Mr. BIDEN. and Program Director, Inter-American The PRESIDING OFFICER. Without tember 11 so vividly has shown. Imag- Dialogue, Center for Latin American objection, it is so ordered. ine what would have happened if we Studies, School of Foreign Service, Mr. REID. I suggest the absence of a had no passenger rail system Sep- Georgetown University, Washington, quorum. tember 11 when the skies shut down. DC; R. Grant Smith, Former United The PRESIDING OFFICER. The And yet all of those passengers con- States Ambassador to Tajikistan, clerk will call the roll. tinue to travel at their risk. They con- United States Department of State, The assistant legislative clerk pro- tinue to ride in poorly lit, poorly venti- Washington, DC; and Martha Brill ceeded to call the roll. lated, and poorly maintained tunnels, Olcott, Senior Associate, Carnegie En- Mr. BIDEN. Madam President, I ask some of which were built as long ago as dowment for International Peace, unanimous consent that the order for 1879. They remain serious targets for acts Washington, DC. the quorum call be rescinded. of terrorism. There is no ventilation. The PRESIDENT OFFICER. Without The PRESIDING OFFICER. Without There is no lighting. There is no es- objection, it is so ordered. objection, it is so ordered. The Senator cape. There are more people, right now f from Delaware. as we speak, in tunnels on railcars un- PRIVILEGE OF THE FLOOR f derneath New York City than in seven Mr. NELSON of Nebraska. Madam DEPARTMENT OF 747s completely filled. We have done President, I ask unanimous consent TRANSPORTATION NOMINATIONS nothing to improve the security and that a member of my staff, Bill safety of the people who are riding Holmberg, be given floor privileges by Mr. BIDEN. Madam President, as my these rails right now. the Chair. colleagues know and the staff knows, it Imagine what happens if a bomb, a The PRESIDING OFFICER. Without must be important to me to come to chemical weapon, or a biological weap- objection, it is so ordered. the floor after there are no votes and on is dispersed in that confined area? I Mr. INHOFE. Madam President, I ask miss a train home to Delaware. As I might point out to my friends, they unanimous consent that Phil Ward be think I can verify, there probably has may remember a little over a year ago granted the privilege of the floor for not been 10 times in my career that I there was a fire in the Baltimore Tun- the remainder of the day. have spoken after there are no votes, nel. It shut down Baltimore. It not The PRESIDING OFFICER. Without so I apologize for keeping the staff here only shut down the rail, it shut down objection, it is so ordered. and keeping folks in, but this is of con- the south end of Baltimore for a long f sequence to me and my State. time. My good friend—and we all say that; My frustration is reaching the boil- MEASURE READ THE FIRST we use that phrase, and he really is a ing point. Because of these security TIME—H.R. 2175 good friend not only politically but threats, immediately following the at- Mr. REID. Madam President, it is my personally—JOHN MCCAIN came to the tacks of September 11, I attempted to understanding that H.R. 2175, which Chamber and asked the rhetorical authorize funds for rail security im- has been received from the House, is question of who has a hold on two provements as part of the aviation bill. now at the desk. Therefore, I ask for nominees for the Department of Trans- Because of the objections raised, how- its first reading. portation. He does not like secret ever, I then went to Senators HOLLINGS The PRESIDING OFFICER. The holds. and MCCAIN, and instead, based on clerk will read the title of the bill for He was being very polite because he their commitment, which they kept, the first time. did not want to point out what he al- they offered to pass a separate bill in The assistant legislative clerk read ready knew: That I have a hold on the Commerce Committee authorizing as follows: those two nominees. rail security monies. True to their A bill (H.R. 2175) to protect infants who are I have been a Senator for 29 years. I words, on October 17, they did just born alive. have never, not one single time but that. S. 1550 authorized $1.8 billion for Mr. REID. Madam President, I ask this, in my entire career ever put a passenger rail security improvements, for its second reading and object to my hold on any nomination, legislation, or even though Amtrak had originally re- own request. anything on the Senate floor. I know quested $3.2 billion; $1.8 billion was a The PRESIDING OFFICER. Objec- Senator MCCAIN understands holds. He barebones minimum the committee be- tion is heard. The bill will receive its has put holds on Department of Trans- lieved it would provide for essential se- second reading on the next legislative portation nominees before, but I agree curity upgrades in safety improve- day. with him, the holds should be made ments, mainly a billion of that to im- f public. proving the tunnels and the safety in I wish to publicly acknowledge what the tunnels against threatened at- ORDERS FOR THURSDAY, MARCH I thought everyone knew. I am the guy tacks. 14, 2002 who has put the hold on those two The other $800 million went to having Mr. REID. Madam President, I ask nominees. Madam President, let me ex- dogs on trains sniffing bombs, and ad- unanimous consent that when the Sen- plain to you why, very briefly. ditional police. Yet here we stand 6 ate completes its business today, it ad- After September 11, Congress moved months later, and we still do not have journ until the hour of 9:30 a.m., Thurs- very quickly and effectively to provide the money for rail security. I still do day, March 14; that following the pray- necessary funds for aviation security not even have a vote on rail security. er and pledge, the Journal of pro- improvements and ultimately for port This completely defies logic. The rea- ceedings be approved to date, the security improvements. I supported son is because a number of my col- morning hour be deemed expired, the those bills wholeheartedly, as did al- leagues have objected secretly, not time for the two leaders be reserved for most all of my colleagues. publicly, to S. 1550, and they have put their use later in the day, and the Sen- At the time, however, it was my un- holds on the bill. This despite all it will ate resume consideration of the energy derstanding, given to me in the Cham- do to safeguard our passenger rail sys- reform bill under the previous order en- ber of this body and, I believe—and I tem and despite the backing of the tered. am not suggesting she is any part of Commerce Committee. The PRESIDING OFFICER. Without this—but I believe the Presiding Offi- Remember, this other stuff we did objection, it is so ordered. cer will recall, as every other Senator immediately did not even go through

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1868 CONGRESSIONAL RECORD — SENATE March 13, 2002 any committee originally. That is why All I am asking is my colleagues who erything. But we do not do anything to for the first time in my 29-plus years in have a secret hold, unlike my very pub- help rail travel. It is a shame. We the Senate I have placed holds on two lic and uncharacteristic hold, come for- waste so much time, effort, and energy Department of Transportation nomi- ward and debate the subject. Let me hauling people on airplanes for dis- nees, both fine, decent, and competent have a vote. I should not say ‘‘me.’’ It tances less than 250 miles. We should people. The issue is not their nomina- is my colleague, TOM CARPER; it is my have trains. We should have high-speed tion. The issue is rail security. I know two colleagues from Pennsylvania; my rail. We should have magnetic levita- of no other way to get the attention of colleagues from Maryland; my col- tion. We should have methods to move anybody. I do not know what else I leagues from New Jersey; my col- people who are not on highways and have to do—stand on my head in the leagues from Connecticut; my col- are not in our crowded airports. middle of the well to get the attention leagues from New York; my colleagues I hope the Senator from Delaware of people around here? from Massachusetts; my colleagues will understand, even though some- Granted, not everybody has Amtrak from Rhode Island; my colleagues from times you may feel alone on this issue, go through their areas. I understand Maine. there are a lot of people who will help that. Granted, Amtrak is not as impor- I really find it offensive that some- privately. I will do that; I will help tant to passenger rail service for them thing of such exceptional importance, publicly—anything I can do to help. as it is to the Northeast and to me. as the young kids say, is ‘‘dissed’’ as This is not an issue that helps the This is my farm bill. This is my bill re- this is. We would not do this to the State of Delaware. It helps the coun- lating to airport security. This is my Midwestern Senators. We would not do try. bill relating to the poultry industry. this to the Southern Senators if this Mr. BIDEN. I thank my colleague. I This is my bill relating to the most was something regional to them. We take his observation and acknowledge critical need that exists relating to se- would not block the chance to vote on it is absolutely true that it helps the curity in my region. water projects for Western Senators. I whole country. This bill is not controversial. It is think this is unfair. I would like to bifurcate two points: completely bipartisan and it has com- I have been around the Senate long One, the emergency, immediate need pletely been vetted by the committee enough to know one takes their lumps. for security. The security will help of jurisdiction. It is important to pas- You win and you lose, and I usually do Amtrak in Los Angeles as well as help senger rail travelers. not make the argument ‘‘unfair’’, but I Amtrak in Florida. The place with the There is absolutely no reason for the think it is uncharacteristic that some- biggest, clearest targets where the Senate not to go on record today, right thing so important regionally to me, most people could be devastated is in now in fact, and support this bill, to and to my colleagues, is not even able those tunnels, primarily. They happen give Amtrak the resources it needs to to get a single opportunity for a vote. to be mostly in the Northeast. upgrade the system and make all the Only because the hour is so late I am There is a second issue. I have not safety improvements possible with this not going to move, by voice vote, to ac- addressed the second issue. We have limited amount of money. cept the amendment that I was about not kept our promises at all to Amtrak In 2 hours or 3 hours of debate we to send to the desk. But I can tell the in terms of Amtrak’s operational capa- came up with $15 billion or $14 billion bility and capital needs. We cannot get to bail out the airlines that were al- Democratic leader, Senator REID, the votes on that either. I am trying to ready in trouble, by the way. Had there first opportunity I have, I am going to deal with the littlest piece. I cannot never been 9–11, half of them would move the legislation, and I want to find fathom how anyone could disagree. I have gone out of business anyway—if out who objects. My guess is the major- have not heard one substantive argu- not half, a significant number. So I do ity leader will object on behalf of some ment why we would not provide for not know why my asking for this for unknown person. So in conclusion, I understand the dogs and police to see that people are my region, based upon a legitimate frustration of my friend, JOHN MCCAIN, not carrying onto the trains dynamite need, is so difficult for people to under- because he very much wants to free up or explosives or weapons in New Orle- stand. In fact, I want to hear someone stand these two nominees. I agree they ans, LA, as well as in Philadelphia, PA. The real point is, this is an urgent up and tell me how it is that my should be freed up, but I have no other need. Ask any of the folks in the intel- friends across the aisle have taken the way. ligence community: If you were a ter- liberty of blocking this bill after both Mr. REID. Will the Senator yield? Mr. BIDEN. I am happy to yield. rorist and decided you had one last op- Senators HOLLINGS and MCCAIN saw fit Mr. REID. I say to the Senator from portunity, what would you hit? People to pass it out of the Commerce Com- Delaware that this Amtrak matter is mittee without any amendments. It is will say you are giving ideas; these ter- not a matter that relates only to the time for my colleagues to put aside rorists already have these ideas, I as- Northeast corridor. I want everyone to their political goals and join me and sure you. know this is important for other parts What did we do during the Olympics? many of my colleagues who support of the country, and the Senator is We knew that would be a likely target what the Commerce Committee has done and at least allow us to have a doing a service to the country. The because there were a lot of people and vote. We cannot afford to wait much Northeast is going to survive. The it would be a big statement. To the longer. We do not have that luxury. trains that run there pay for them- great credit of the State of Utah and Let me conclude by saying that I selves. It is the trains that are around the Federal Government, we had no in- have great respect for Secretary of the rest of the country that do not pay cident. But you are sitting around, and Transportation Norm Mineta; I worked for themselves. That is where we need where will you look to use the chem- with him when he was in the House help and the Senator from Delaware is ical weapon if you have it? The dirty when he was a Congressman. I worked helping us. bomb, if you possess it? That biological with him in the last administration. I I say to my friend from Delaware, we weapon, if you want to use it? Where have worked with him in this adminis- badly need a train, and if Amtrak will you use it? tration. He came to see me. He made a hangs on—it is already in the plan- I am chairman of the Foreign Rela- personal plea that I free up these two ning—we should within the next few tions Committee. I was on the ter- nominees. months have an Amtrak train running rorism subcommittee and the Judici- I said to him: I understand. between Los Angeles and Las Vegas. I ary Committee and in the Intelligence He said: It is unrelated. Why? We are say to my friend, is it not a sad com- Committee for 10 years. Unfortunately, for you. We agree. mentary of this country that we give it seems as if I have been going to I said: Well, then make the case. airlines—and I am happy to help. We school for my whole life to prepare for Somebody in the administration has to bailed them out. We do all kinds of the issue of terrorism. Prioritize where stand up and holler with me. They say things to help airlines and airports. the likely targets are. There are mil- they are for it. When they were for the And think of the things that we do for lions of container ships that come into airport security bill that got tied up, highways, for passengers traveling on ports each year. We had to deal with they stood up and hollered. highways. We build bridges. We do ev- that, and we dealt with it. Everybody

VerDate Mar 15 2010 20:32 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2002SENATE\S13MR2.REC S13MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2002 CONGRESSIONAL RECORD — SENATE S1869 knew that was a likely target. We were Mr. SPECTER. I don’t disagree with CONSUMER PRODUCT SAFETY COMMISSION not telling the terrorists anything they the Senator from Delaware very often, HAROLD D. STRATTON, OF NEW MEXICO, TO BE CHAIR- didn’t know. We knew it was a prob- but I disagree when he says it is above MAN OF THE CONSUMER PRODUCT SAFETY COMMISSION, VICE ANN BROWN. lem. his pay grade. HAROLD D. STRATTON, OF NEW MEXICO, TO BE A COM- I hope to God I am never in a posi- I compliment the Senator from Dela- MISSIONER OF THE CONSUMER PRODUCT SAFETY COM- MISSION FOR THE REMAINDER OF THE TERM EXPIRING tion where, by even implication, I have ware for his impassioned presentation. OCTOBER 26, 2006, VICE ANN BROWN. to say, I told you so. There is no way I concur with him. I thank the Senator DEPARTMENT OF STATE out of the tunnels. There is no lighting. from Nevada for articulating the view DAVID A. GROSS, OF MARYLAND, FOR THE RANK OF There is no ventilation. There is no of the leadership. AMBASSADOR DURING HIS TENURE OF SERVICE AS DEP- way out. It is true the Northeast has special UTY ASSISTANT SECRETARY OF STATE FOR INTER- NATIONAL COMMUNICATIONS AND INFORMATION POLICY I apologize, I am getting angry about considerations: When you pass through IN THE BUREAU OF ECONOMIC AND BUSINESS AFFAIRS it. Again, I can understand my friend the tunnels in Baltimore, you pass AND U.S. COORDINATOR FOR INTERNATIONAL COMMU- from Arizona and others objecting to through the Philadelphia train sta- NICATIONS AND INFORMATION POLICY. Amtrak. They do not think Amtrak is tions, the tunnels going into New York NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES efficacious. I got it. I understand. They City. It is time we considered the mat- ter. MICHAEL PACK, OF MARYLAND, TO BE A MEMBER OF are wrong. I am willing to debate that. THE NATIONAL COUNCIL ON THE HUMANITIES FOR A I would love a chance to debate it. I hope the passion the Senator from TERM EXPIRING JANUARY 26, 2004, VICE DARRYL J. However, this is drop dead common Delaware has articulated will move GLESS, TERM EXPIRED. sense. I close to resent not being able some Senator who has a secret hold on DEPARTMENT OF JUSTICE to have a chance for the Senator from the legislation. DAVID PHILLIP GONZALES, OF ARIZONA, TO BE UNITED STATES MARSHAL FOR THE DISTRICT OF ARIZONA FOR Pennsylvania, the Senator from Dela- I yield the floor. Mr. BIDEN. Madam President, I will THE TERM OF FOUR YEARS, VICE ALFRED E. MADRID, ware, the Senators from New York, in TERM EXPIRED. just take 10 seconds. I conclude by say- EDWARD ZAHREN, OF COLORADO, TO BE UNITED addition to the Senators where Amtrak ing, I say to my friend, Senator STATES MARSHAL FOR THE DISTRICT OF COLORADO FOR goes—these are gigantic targets. THE TERM OF FOUR YEARS, VICE ERNESTINE ROWE, They once asked Willie Sutton: Why MCCAIN, I will lift the hold on these TERM EXPIRED. two nominees the moment we get a CHARLES M. SHEER, OF MISSOURI, TO BE UNITED rob banks? And his answer was: That is STATES MARSHAL FOR THE WESTERN DISTRICT OF MIS- vote on the security bill. SOURI FOR THE TERM OF FOUR YEARS, VICE ROBERT where the money is. I yield the floor. BRADFORD ENGLISH, TERM EXPIRED. What do terrorists do? Why do they GORDEN EDWARD EDEN, JR., OF NEW MEXICO, TO BE f UNITED STATES MARSHAL FOR THE DISTRICT OF NEW pick the two largest buildings in the MEXICO FOR THE TERM OF FOUR YEARS, VICE JOHN STE- United States, instead of coming to EXECUTIVE SESSION VEN SANCHEZ, TERM EXPIRED. Delaware and hitting a 12-story build- JOHN LEE MOORE, OF TEXAS, TO BE UNITED STATES MARSHAL FOR THE EASTERN DISTRICT OF TEXAS FOR ing in Delaware? Why? Because that is THE TERM OF FOUR YEARS, VICE NORRIS BATISTE, JR., where the most people are. That is EXECUTIVE CALENDAR TERM EXPIRED. WILLIAM P. KRUZIKI, OF WISCONSIN, TO BE UNITED where the biggest targets remain. Mr. REID. Madam President, I ask STATES MARSHAL FOR THE EASTERN DISTRICT OF WIS- I thank my friend from Nevada. He unanimous consent the Senate proceed CONSIN FOR THE TERM OF FOUR YEARS, VICE NANNETTE HOLLY HEGERTY, TERM EXPIRED. has been a staunch supporter and tried to executive session to consider Cal- IN THE AIR FORCE like the devil to help. endar No. 724 and Calendar No. 725. The concluding point I make: My THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- hold is not secret. I would like to know objection, it is so ordered. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE who is holding up the ability of the Mr. REID. I ask unanimous consent AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Senate to pass a bill that we were that the nominations be confirmed, the 601: promised on October 15 would get ac- motions to reconsider be laid upon the To be lieutenant general tion; that we passed out of the Com- table, the President be immediately LT. GEN. LESLIE F. KENNE, 0000 merce Committee unanimously, with- notified of the Senate’s action, any THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- out amendment; that, in fact, nobody statements thereon appear at the ap- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE has made a substantive argument why propriate place in the RECORD as AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION any of this is not needed. I want to though read, and the Senate return to 601: know why. I want to know why and legislative session. To be lieutenant general who. Who is saying we cannot vote on The PRESIDING OFFICER. Without MAJ. GEN. WILLIAM R. LOONEY III, 0000 it? And why do they think we should objection, it is so ordered. IN THE MARINE CORPS not have this? The nominations were considered and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT confirmed, as follows: IN THE UNITED STATES MARINE CORPS RESERVE TO THE I am a big boy. We have a vote. I win; GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE JUDICIARY I lose. But I want a vote. To be brigadier general I yield the floor. Jeanette J. Clark, of the District of Colum- Mr. SPECTER. If the Senator from bia, to be an Associate Judge of the Superior COL. DOUGLAS M. STONE, 0000 Delaware would respond to a question, Court of the District of Columbia for the IN THE AIR FORCE the holds which are placed anony- term of fifteen years. THE FOLLOWING NAMED OFFICER TO THE GRADE INDI- DEPARTMENT OF COMMERCE CATED IN THE RESERVE OF THE AIR FORCE UNDER mously on legislation preclude a Sen- TITLE 10, U.S.C., SECTION 12203: Louis Kincannon, of Virginia, to be Direc- ator such as the Senator from Dela- To be colonel ware from finding out who has taken tor of the Census. JOSEPH WYSOCKI, 0000 that action, and therefore there is no f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT opportunity to talk to that colleague, LEGISLATIVE SESSION TO THE GRADE INDICATED IN THE UNITED STATES AIR reason with that colleague, perhaps FORCE AND AS PERMANENT PROFESSORS, UNITED The PRESIDING OFFICER. The Sen- STATES AIR FORCE ACADEMY, UNDER TITLE 10, U.S.C., find a way to resolve the issue. ate will return to legislative session. SECTIONS 9333 (B) AND 9336 (A). The simple question: Is it time the To be colonel rules of the Senate were modified to f RICHARD L. FULLERTON, 0000 stop secret holds which preclude sen- ADJOURNMENT UNTIL 9:30 A.M. DAVID S. GIBSON, 0000 sible action on a matter such as rail TOMORROW WILLIAM P. WALKER, 0000 THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE safety? The PRESIDING OFFICER. Under UNITED STATES OFFICERS FOR APPOINTMENT TO THE Mr. BIDEN. The Senator is preaching the previous order, the Senate stands GRADE INDICATED IN THE RESERVE OF THE AIR FORCE to the choir. I fully agree with the Sen- adjourned. UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ator. Thereupon, the Senate, at 5:48 p.m., To be colonel As the Senator knows, that is above adjourned until Thursday, March 14, WILLIAM P. ALBRO, 0000 my pay grade. There are only six Sen- THOMAS E. ALLEN, 0000 2002, at 9:30 a.m. THORNE S. AMBROSE, 0000 ators who have been here longer than I, RANDALL R. BALL, 0000 f but a lot have more institutional power DAVID H. BARNHART, 0000 EARL S. BELL, 0000 than I do. I think it is a reasonable NOMINATIONS KATHLEEN F. BERG, 0000 proposal, and I have shared that view JAMES T. BOLING, 0000 Executive nominations received by PETER A. BONANNI, 0000 of the Senator for a long time. the Senate March 13, 2002: JEANETTE B. BOOTH, 0000

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JOHN H. BRAMHALL, 0000 LARRY W. WEIGLER, 0000 TINA M * GOSLING, 0000 DAVID T. BUCKALEW, 0000 JAMES R. WHITE, 0000 MICHAEL W GREENLY, 0000 JOHN R. BUCKINGHAM, 0000 ALBERT M. WOOLLEY JR., 0000 DOLA D * HANDLEY, 0000 GREGG A. BURDEN, 0000 PAUL G. WORCESTER, 0000 PATRICIA S * HARM, 0000 BREWSTER S. BUTTERS, 0000 DELILAH R. WORKS, 0000 SHAROYN L * HARRIS, 0000 MICHAEL F. CANDERS, 0000 MICHAEL A * HAWKINS, 0000 IN THE ARMY FRANKLIN E. CHALK SR., 0000 CARLOTTA S * HEAD, 0000 GREGORY S. CHAMPAGNE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TRACI M HEESE, 0000 JOHN R. CHATBURN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHARLES D * HENKEL, 0000 ROBERT A. CHIN, 0000 CHAPLAIN CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 PAUL D * HESS, 0000 MARK E. CLEM, 0000 AND 3064: MELISSA J * HOFFMAN, 0000 ROGER F. CLEMENTS, 0000 CHARLOTTE M * HOOD, 0000 JOHN D. COMPTON, 0000 To be colonel ESTERLITTA L * JACKSON, 0000 JAMES E. DANIEL JR., 0000 MICHAEL T BRADFIELD, 0000 TRINI L * JEANICE, 0000 JAMES T. DAUGHERTY, 0000 WILLIAM B BROOME III, 0000 EDGAR JIMENEZ, 0000 JAMES F. DAWSON JR., 0000 JOEL W COCKLIN, 0000 LINDA E * JONES, 0000 JAMES D. DEMERITT, 0000 RICHARD B GARRISON, 0000 JOHNNIE M * KOCH, 0000 ROBERT R. DOLAN, 0000 FREDERICK L HUDSON, 0000 CHRISTINE M * KRAMER, 0000 MATTHEW J. DZIALO, 0000 RONALD R HUGGLER, 0000 WILLIAM L KUHNS, 0000 BARBARA A. EAGER, 0000 LAWRENCE C KRAUSE, 0000 FRANK LEE, 0000 KATHLEEN L. EASTBURN, 0000 RICHARD A KUHLBARS, 0000 VIKI J * LEEFERS, 0000 ROBERT C. EDWARDS JR., 0000 JAMES E MAY, 0000 DENISE M * LYONS, 0000 JAMES A. FIRTH, 0000 ALVIN M MOORE III, 0000 JAMES A * MADSON, 0000 KEVIN J. FISCHER, 0000 SHERRILL F MUNN, 0000 PAUL J * MAHOLTZ III, 0000 GARY A. FITZGERALD, 0000 JACK J VANDYKEN, 0000 DAVID P * MARANA, 0000 TONY O. FLORES JR., 0000 RICHARD R YOUNG, 0000 SANDRA I * MARTIN, 0000 TIMOTHY L. FRYE, 0000 ANA L * MASON, 0000 LAWRENCE P. GALLOGLY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SUE A * MC CANN, 0000 ROBERT GERMANI JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY DEBORAH * MC MULLAN, 0000 ROBERT S. GISSENDANNER, 0000 NURSE CORPS AND FOR REGULAR APPOINTMENT (IDEN- LINDA K * MOORE, 0000 BRIAN D. GOMULA, 0000 TIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., SEC- BEVERLY J MORGAN, 0000 JEROME M. GOUHIN, 0000 TIONS 624, 531, AND 3064: SHERRY D * MOSLEY, 0000 JOHN O. GRIFFIN, 0000 To be major PETER J MOTT, 0000 DENNIS D. GRUNSTAD II, 0000 MICHELLE L * MUNROE, 0000 PAUL D. GRUVER, 0000 SHARON M * AARON, 0000 KATHY M * NEAL, 0000 JAMES H. GWIN, 0000 LILA M * AGUTO, 0000 JOHN E * NEUMANN, 0000 STEVEN B. HANSON, 0000 WILLIAM A * AIKEN II, 0000 THERESA A PECHATY, 0000 CURTIS T. HARRIS, 0000 SUSAN J * ARGUETA, 0000 WESLEY H * PIERCE, 0000 SCOTT B. HARRISON, 0000 CHRISTOPHER D BAYSA, 0000 BRIAN M * PITCHER, 0000 MARTIN K. HOLLAND, 0000 SANDRA J BEGLEY, 0000 LINDA A * POIRIER, 0000 SHEILA F. HOOTEN, 0000 RICHARD A BEHR, 0000 MELONIE G QUANDER, 0000 RODNEY K. HUNTER, 0000 DONALD E * BENNETT JR., 0000 KATHERINE T * RALPH, 0000 JEFFREY R. JOHNSON, 0000 ARNESHUIA P * BILAL, 0000 JOY E * REXFORD, 0000 THOMAS M. JOHNSON, 0000 LYNN * BLANKE, 0000 PHYLLIS A * RHODES, 0000 RANDALL K. JONES, 0000 TAMMIE S * BOEGER, 0000 CAROLYN M RICHARDSON, 0000 THOMAS C. JORDAN, 0000 VINCENT B BOGAN, 0000 JOHN D * RODGERS, 0000 JON K. KELK, 0000 LISA M * BOWER, 0000 LETICIA * SANDROCK, 0000 THOMAS J. KEOUGH, 0000 MICHAEL T * BOZZO, 0000 REBEKAH J * SARSFIELD, 0000 WILLIAM L. KITTLE, 0000 CARLTON G BROWN, 0000 DEBORAH M * SAUNDERS, 0000 ROBERT S. LANDSIEDEL, 0000 CARLA R * BUCKLES, 0000 SHARON U * SCOTT, 0000 MARK R. LANGLEY, 0000 TERRIE D * BURGAN, 0000 MARY J * SHAW, 0000 ROBERT K. LEWIS, 0000 MIRTA B * BURGOS, 0000 DEIDRE M SINGLETON, 0000 ROBERT W. LOVELL, 0000 JOSEPH M * CANDELARIO, 0000 ALLEN D * SMITH, 0000 DAVID J. MACMILLAN, 0000 CHERYL Y * CAPERS, 0000 JUDY A * SMITH, 0000 BRUCE R. MACOMBER, 0000 LILLIAN * CARDONA, 0000 STEPHANIE C * STELTER, 0000 JAMES L. MALENKE, 0000 AMBROSE M CARROLL, 0000 JAMES E * STEVENS, 0000 RUSSELL W. MALESKY, 0000 JESUS M * CASTRO, 0000 EVELYN TOWNSEND, 0000 RONALD E. MALOUSEK, 0000 COLEEN P * CHANG, 0000 BARBARA F * WALL, 0000 THOMAS J. MARKS JR., 0000 MARY T * CHRISTAL, 0000 BRADLEY C * WEST, 0000 LANNY B. MCNEELY, 0000 RICHARD W * CICHY, 0000 MARY A * WEST, 0000 THOMAS R. MOORE, 0000 MARGARET A * COLLIER, 0000 DAVID O * WHITE, 0000 THOMAS G. MURGATROYD, 0000 ALBERT S * COSTA, 0000 WILLIAM G * WHITE, 0000 GUNTHER H. NEUMANN, 0000 TAMARA L * CRAWFORD, 0000 MICHELLE M * WILLIAMS, 0000 GARY J. NOLAN, 0000 LISA E CROSBY, 0000 SELINA G * WILLIAMS, 0000 RICHARD J. NYALKA, 0000 CARLA J * CROUCH, 0000 GAYLA W * WILSON, 0000 ROGER L. NYE, 0000 DANETTE F * CRUTHIRDS, 0000 JOELLEN E WINDSOR, 0000 STANLEY J. OSSERMAN JR., 0000 KATRYNA B * DEARY, 0000 ALAN W. PALMER, 0000 FRANCISCO A * DELAHOZ, 0000 f JAMES A. PATTERSON, 0000 RONALD D DESALLES, 0000 JAY M. PEARSALL, 0000 DIANA J DESCHAMPS, 0000 LEON RAY, 0000 SUSAN M * DIAZ, 0000 CONFIRMATIONS ROBERT F. REINHARDT JR., 0000 SPENCER D DICKENS JR., 0000 MARILYN A. RIOS, 0000 TONYA F * DICKERSON, 0000 Executive nominations confirmed by DEBORAH S. ROSE, 0000 DARRELL C * DODGE, 0000 the Senate March 13, 2002: ALAN K. RUTHERFORD, 0000 STEPHANIA L DOVER, 0000 REED D. SCHOTANUS, 0000 TERESA A * DUQUETTE, 0000 DEPARTMENT OF COMMERCE ROBERT J. SLUSSER, 0000 JEAN * ERICKSON, 0000 DAVID M. SMITH, 0000 RICHARD R ESSICK, 0000 LOUIS KINCANNON, OF VIRGINIA, TO BE DIRECTOR OF KENNETH L. SMITH, 0000 MARK S * EVANS, 0000 THE CENSUS. MARK W. STEPHENS, 0000 GLENN R * FERNANDES, 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO ROBERT M. STONESTREET, 0000 SHELIA F * FRANCIS, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- TERRENCE L. THILMONY, 0000 SHERRI D FRANKLIN, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY RUSSELL K. THOMAS, 0000 STEPHEN D * FREDERICK, 0000 CONSTITUTED COMMITTEE OF THE SENATE. BRUCE THOMPSON, 0000 LORI A * FRITZ, 0000 THE JUDICIARY JOHN R. TUTTLE, 0000 PABLITO R * GAHOL, 0000 WILLIS L. WALDRON JR., 0000 ANITA R * GANZ, 0000 JEANETTE J. CLARK, OF THE DISTRICT OF COLUMBIA, STEPHEN J. WALKER, 0000 DAVID W * GARCIA, 0000 TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT SANDRA WARDE, 0000 MICHAEL A GLADU, 0000 OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- KEVIN L. WEAR, 0000 BLONDELL S GLENN, 0000 TEEN YEARS.

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