E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION

Vol. 153 WASHINGTON, WEDNESDAY, JUNE 13, 2007 No. 95 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, vote until about 3:30 or so after this called to order by the Honorable BEN- PRESIDENT PRO TEMPORE, first vote. I will also state it appears, JAMIN L. CARDIN, a Senator from the Washington, DC, June 13, 2007. because we need to move this Energy State of Maryland. To the Senate: bill along, there will likely be no morn- Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby ing business tomorrow, so we should PRAYER appoint the Honorable BENJAMIN L. CARDIN, alert Members to that fact. The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Maryland, to It is my understanding the Repub- fered the following prayer: perform the duties of the Chair. lican leader has something which he Let us pray. ROBERT C. BYRD, has to attend to. Eternal Father, we trust in Your un- President pro tempore. f Mr. CARDIN thereupon assumed the failing love and commit our lives to MAKING MINORITY chair as Acting President pro tempore. You. Help us to live in purity so that APPOINTMENTS we will never dishonor You. Guard our f minds so that our thoughts will please Mr. MCCONNELL. Mr. President, I RESERVATION OF LEADER TIME You as we passionately seek Your ask unanimous consent that the Sen- truth. The ACTING PRESIDENT pro tem- ate now proceed to the consideration of Today, strengthen the Members of pore. Under the previous order, the S. Res. 233, which was submitted ear- this body in their work. Use them to leadership time is reserved. lier today; that the resolution be agreed to and the motion to reconsider bring comfort and courage to the less f fortunate. Help them to give their be laid upon the table. RECOGNITION OF THE MAJORITY The ACTING PRESIDENT pro tem- hearts to You and seek to please You LEADER pore. Without objection, it is so or- in all they do and say. May they find dered. their peace and freedom in knowing The ACTING PRESIDENT pro tem- pore. The majority leader is recog- The resolution (S. Res. 233) was You. Empower them to live in such a agreed to, as follows: way that by the wisdom of their words nized. S. RES. 233 and the power of their example, others f may be moved to give their hearts to Resolved, That the following be the minor- SCHEDULE ity membership on the Select Committee on You. Mr. REID. Mr. President, the Senate Ethics for the remainder of the 110th Con- We pray in Your majestic Name. gress, or until their successors are ap- Amen. will be in a period of morning business pointed: Mr. Cornyn, Mr. Roberts, and Mr. for an hour this morning. The majority Isakson. controls the first half, Republicans f f control the final 30 minutes. SENATE ACCOMPLISHMENTS PLEDGE OF ALLEGIANCE Following the period of morning business, the Senate will resume con- Mr. REID. Mr. President, I thought it The Honorable BENJAMIN L. CARDIN sideration of H.R. 6, the comprehensive was important to point out to the Sen- led the Pledge of Allegiance, as follows: energy legislation. ate and to the country what we have I pledge allegiance to the Flag of the Under an order entered last night, accomplished during this 6 months United States of America, and to the Repub- the time following morning business that we have been in session. We have lic for which it stands, one nation under God, until 11:45 will be equally divided be- had some hurdles to go through, and as indivisible, with liberty and justice for all. tween Senators BOXER and INHOFE, a result of that, it has taken a little dealing with an amendment offered by longer than we wanted on most every- f Senator INHOFE regarding oil refin- thing, but we have made some signifi- eries. So at 11:45, the Senate will vote cant accomplishments, and I think the APPOINTMENT OF ACTING in relation to the Inhofe amendment. Senate should talk about the accom- PRESIDENT PRO TEMPORE Other amendments are expected to be plishments we have made. The PRESIDING OFFICER. The offered after the Inhofe amendment is Democrats can’t take credit for all clerk will please read a communication disposed of, and votes will occur this work that has been done because to the Senate from the President pro throughout today’s session. everything that passed took Repub- tempore (Mr. BYRD). Senator MCCONNELL and I have a lican votes also. So I think we, as a The legislative clerk read the fol- meeting at the White House this after- Senate, should be able to talk about lowing letter: noon, so I don’t think we will have a what we have accomplished.

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

S7573

.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7574 CONGRESSIONAL RECORD — SENATE June 13, 2007 We have passed the minimum wage without a lot of heartburn. And the every day, in terms of our economy and bill, which is now law. We passed a bal- competitiveness legislation. I spoke our quality of life. anced budget, which also has in it the with the Speaker last evening. They So I wish to thank the leader person- restoration of pay as you go. We passed have a bill they have already passed. ally for all he has done and will con- a continuing resolution. Remember, We have passed one. We should be able tinue to do. I know that with all of us when we came here, there had been no to do that—again, clearly a bipartisan working together, we are changing the funding preparations made for after bill. direction of this Congress and working February 1, so we had to do that, and We have a number of things we tried very hard to address the things that we did. We worked on approving the ap- to move on and were unable to do so people care about every day. pointment of U.S. attorneys. That because procedurally we couldn’t get to f passed on a bipartisan basis. them, even though we tried. One was to We worked to make sure there was change the Medicare prescription drug RECOGNITION OF THE MINORITY equipment for Guard and Reserves that law on negotiation and allow Medicare LEADER was appropriate for those people serv- to do that. We wanted to do intel- The ACTING PRESIDENT pro tem- ing in Iraq. We worked hard to push ligence authorization. We were pre- pore. The Republican leader is recog- Mine Resistant Ambush Protected ve- vented from being able to get it on the nized. hicles, and now they are in theatre. We floor because of a filibuster. Immigra- f passed health care legislation for the tion reform is a work in progress. Per- ENERGY veterans, and we provided military haps in the next few days we will have medicine that was over and above what a pathway to get that completed. Mr. MCCONNELL. Mr. President, the the President requested. I have had some good conversations Senate takes up energy today. Let me We basically full funded the Katrina this morning with both Democrats and say at the outset the proposed bill has disaster, which was something that Republicans on that issue, and the Re- some good provisions and it has some was long overdue. We provided health publican leader and I hope we can sit troubling ones. What most concerns insurance for children. And I would down and talk about that when he has Republicans are the issues it doesn’t say, without question, this was as a proposal he can give. I understand address at all. much pushed by Republicans as Demo- that could come as early as today or Everyone agrees energy independence crats—the $600 million that will fund tomorrow. is a top priority. America imports many programs in an adequate fashion We have on the Senate Floor now an nearly 60 percent of its oil, much of it until the 1st of October, which would energy bill—again, totally bipartisan. from dangerous and unstable countries not have been the case otherwise. Everything that is in the bill that is on that do not have our best interests at We provided $1 billion for homeland the Senate Floor has been bipartisan. heart. Yet the bill on the floor does security, something we had been work- So I hope we can move forward on that nothing to increase domestic produc- ing on for a long time. This will allow and complete that. tion of oil and gas—absolutely nothing. the Department of Homeland Security As I indicated, we need to start, be- If energy independence is truly a pri- to provide more security at our train fore we leave here, the Defense author- ority, we will increase domestic pro- stations and on our rails and to do ization bill. I hope we can do that. duction of oil and gas, period. some things we have not been doing at So we have done a lot. A lot of times Increasing production at home will airports. you hear little bits and pieces of what lead to greater independence and it For 3 years, we have been trying to we have done. I have not covered every- will lead to lower gas prices. The aver- get agriculture disaster relief passed. thing, but I have touched on most ev- age price of gas has gone from $2.20 to We were able to do that. Again, clearly erything we have been able to do this $3.15 a gallon since the Democrats took bipartisan. Western wildfire relief is year, and I think it is something that over the Senate. It is in danger of important. For example, in the State we should feel good about. going up even more if this bill is not of Nevada, more than a million acres Ms. STABENOW. Mr. President, will amended. We know gas prices go up as have burned. the majority leader yield for a mo- supply goes down. Yet this bill, as writ- We have had many hearings dealing ment? ten, does nothing either to increase do- with the conduct of the war. We have Mr. REID. I am happy to yield. mestic supply or refinery capacity and, had only two things that have been ve- Ms. STABENOW. Mr. President, I thus, drive down gas prices. toed. One was the emergency supple- would like to thank our majority lead- Liberals in Congress have histori- mental with timelines, and the other er for his effort. He read a list in the cally blocked both these efforts. But is—I don’t know if the President has last few moments that goes through with the price of gas where it is, this vetoed it yet. I didn’t check with my quite quickly a whole list of things annual gift to the environmental lobby staff before I came here. But I know we that have required an extraordinary is a luxury we can no longer afford. If sent the President the stem cell bill amount of effort to be able to accom- we are serious about gas prices, we will yesterday, and I am told he is going to plish, and I wish to thank him person- increase both domestic production and veto that. ally. refining capacity. This bill, as written, We have a number of things that are This has not been an easy 6 months. does nothing to address either; there- in progress. We expect to be able to do I think our friends on the other side of fore, nothing to lower gas prices. the ethics and lobbying reform in the the aisle have wished to slow things Republicans will be offering amend- near future, hopefully within a matter down, with procedural motions over ments that will fill the gaps and give of the next week or 10 days. and over again, to even go to a bill, and Members a chance to do something The 9/11 Commission recommenda- to see the leader’s patience and deter- about energy independence and out-of- tions, Senators LIEBERMAN and COLLINS mination and perseverance has been ex- control gas prices. Yesterday, Senator have been working hard on that with traordinary. INHOFE offered an amendment to in- their House counterparts. That is basi- I am very proud of the fact, when we crease refinery capacity, and Repub- cally done. We have security at the compare our first 6 months to the 6 licans will soon have a chance to vote U.S. courts. I have spoken to the House months in previous Congresses, that on his proposal. yesterday and they are going to move this gentleman has been a task master. I also appreciate Senator BUNNING’s on that, so that can be completed with He has kept his nose to the grindstone hard work on coal to liquids, which is the conference because we passed it and has kept us focused on things that poised to become a major industry in over here. matter to the American people, from Kentucky. This technology is one of Reauthorization of FDA, we have the war in Iraq and bringing that to the more promising alternative fuels done that here. I think that should be the forefront, to having hearings where we know of. Its addition to the market able to be conferenced quite soon. we have asked for accountability and is one more way Republicans are pro- WRDA, Senators BOXER and INHOFE attempted to change the direction on posing to lower fuel prices. are working on that very hard. We ex- the war, as well as to things we in We will also debate fuel economy pect that conference to take place Michigan are desperately caring about standards, and that is appropriate. We

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7575 should do all we can to increase fuel ef- $48,000, according to the Northeast our communities. When a company ficiency of our cars and our trucks. But Ohio Campaign for American Manufac- shuts down with 300 workers in Steu- we have to do it in a way that is real- turing. We also know that American benville or Lima or Dayton or Finley— istic and that doesn’t cost thousands of workers, when it is a level playing when a company shuts down, it dev- autoworkers, in places such as Louis- field, can outcompete workers, can astates a community. It means school- ville, Bowling Green, and Georgetown, outcompete small businesses, can teachers are laid off, police and fire- KY, and countless other communities outcompete companies all over the fighters are laid off. It means people across the country, literally elimi- world—when there is a level playing are not as safe in their communities as nating their work. field. their economy deteriorates. Every summer, our good friends on Last week, Senator STABENOW and I will close and turn the podium over the other side dust off the old class others participated in a manufacturing to Senator STABENOW with a brief men- warfare playbook and blame our gas summit. She brought leaders of small tion of energy. Senator REID, the ma- prices on cigar-chomping oil execu- businesses and large manufacturers to jority leader, spoke about energy. He tives. Look, price gouging is wrong. If the Nation’s Capitol with labor leaders spoke about Democratic accomplish- it is found, it should be punished. But and other people who care about manu- ments today and talked about the en- the other side has called countless facturing. We discussed how we remain ergy bill coming up. I wish to illus- hearings to try to pin down big oil on competitive, how we shape trade poli- trate, for a moment, how energy policy price gouging and they haven’t come cies to help not hurt our small- and can matter and make a difference in up with the goods yet. It is time to put medium-sized manufacturers. At that manufacturing. At Oberlin College, a away the playbook and do something summit, an Ohio businessman named community not too far from where I that can help Americans who are suf- John Colm walked up to me with a live, between Cleveland and Toledo, on fering every day from high gas prices. stack of fliers. They were auction no- the campus of Oberlin College is lo- Republicans are eager to move for- tices. He had received 47 of them in the cated the largest building on any col- ward on this energy legislation. We are last 4 months. These notices were for lege campus in America that is fully acutely aware of the dangers associ- ‘‘going out of business’’ sales; they powered by solar energy. When speak- ated with our dependence on foreign were companies selling off assets, in es- ing to David Orr, the professor who sources of oil. But we can address all of sence cannibalizing their companies, helped raise the money to build this these dangers responsibly, and we selling their machinery at rock-bottom building, he told me the solar panels should start with the most immediate prices—all that this manufacturing cri- that power this building at Oberlin Col- concern, which is gas prices. Increasing sis has done to small manufacturers lege—a whole roof, a large expanse of refinery capacity and domestic produc- and large manufacturers but especially roof or solar panels—they were bought tion should be our goal in this debate. small companies in our communities. in Germany and Japan because we After all, the purpose of an energy bill We also know how U.S. trade policy don’t make enough of them. Go west of is to reduce the cost of energy and that has failed American business, espe- there, where the University of Toledo is what Republicans intend to do. cially small business, especially small is doing some of the best wind turbine I yield the floor. manufacturers. We know the year I research in the country. Yet we are not f first ran for Congress, in 1992, we had a building the turbines and the compo- trade deficit in this country of $38 bil- nents and the solar panels and solar MORNING BUSINESS lion. Today our trade deficit, whether cells in this country. This Energy bill The ACTING PRESIDENT pro tem- you count services or not, exceeds ei- we will discuss today, this week and pore. Under the previous order, there ther $700 billion or $800 billion—from next week, coupled with a real manu- will be a period for the transaction of $38 billion to $700 billion to $800 billion facturing policy as Senator STABENOW morning business for 60 minutes, with in a decade and a half. Our trade deficit has articulated over the last several Senators permitted to speak for up to with China went from low double digits years, can mean more good-paying in- 10 minutes each, the time equally di- a decade and a half ago to somewhere dustrial manufacturing jobs in our vided and controlled between the two in the vicinity of $250 billion today. country, can help to stabilize energy leaders or their designees. The first President Bush, Sr., the first Presi- prices, and can make a difference in re- half shall be under the control of the dent Bush, said for every $1 billion in building the middle class in Ohio, majority, of which 20 minutes shall be trade deficit, it costs a country some- Michigan, North Dakota—all over this under the control of Mr. BROWN or his where in the vicinity of 13,000 jobs. You country. designee and the second half shall be do the math and you figure how many I yield the floor to Senator STABENOW under the control of the Republicans. jobs we have lost, in part, because of and thank her for her leadership. The Senator from Ohio is recognized our trade policy. Ms. STABENOW. Mr. President, under the order. The response of the administration thank you to my colleague from Ohio. Mr. BROWN. Mr. President, I ask is: Let’s do more of these trade agree- It is so wonderful to have this strong unanimous consent that the 20 minutes ments. We have already had NAFTA, voice, a leader in the House of Rep- time be divided among myself, Senator we have already had PNTR with China, resentatives on trade and manufac- STABENOW, and Senator DORGAN and we have already had CAFTA and Singa- turing and all the issues that affect that we will, during this 20 minutes, do pore and Chile and Morocco and Jor- middle-class families and to now have a colloquy and discussion. dan; let’s do more, let’s do a trade Senator BROWN joining us in the Sen- The ACTING PRESIDENT pro tem- agreement with Panama, let’s do one ate. It is such a benefit for all of us pore. Without objection, it is so or- with Peru, let’s do one with Colombia, who care deeply about keeping the dered. let’s do one with South Korea. The fact middle class in this country, about f is, this trade policy is the wrong direc- making sure we move forward with a tion for our country. 21st century manufacturing strategy TRADE POLICY In elections last fall, where Senator that works for our country in a global Mr. BROWN. Mr. President, it is STABENOW, who has been a leader on economy. I thank the Senator from pretty clear, as we survey the land- trade and manufacturing, was reelected Ohio for his words and also join with scape around our great country, what with a huge margin in a State that has him and with our wonderful colleague has happened to manufacturing jobs been devastated by bad trade policies; from North Dakota who has been such and what has happened to our econ- in my State, and Senator WEBB’s, Sen- a champion on issues of fair trade. omy. Over and over, in my State of ator SANDERS’, Senator TESTER’s, the First, I will start by reinforcing what Ohio, I know, and Senator STABENOW’s Presiding Officer’s, and Senator has been happening to manufacturing State of Michigan, we have seen huge CARDIN’s—in all of our States, the vot- in the last 61⁄2 years. In this country, job losses, especially in manufacturing. ers spoke loudly and clearly that our we have lost over 3 million manufac- In my State, since 2000, Ohio has lost trade policy has failed our middle turing jobs. Why should we care about 1,800 manufacturing companies, more class. Our trade policy has failed small 3 million jobs that people raised their than 200,000 jobs with average wages of business. Our trade policy has failed kids on, sent them to college—middle-

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7576 CONGRESSIONAL RECORD — SENATE June 13, 2007 class families with good jobs, good in- go down and that our jobs would go up. America or they are stealing the pat- comes, with health care, with pen- Unfortunately, the facts are exactly ents and making them illegally in sions? These are the jobs that have cre- the opposite; a $83 billion trade deficit China—if they actually bring them in, ated the middle class of this country. with China. Last year that number they also, on top of everything else, get That is not rhetoric. That is a fact. skyrocketed to $288 billion, from $83 a discount. They can sell the same auto These are those kinds of jobs, even billion to $288 billion. It is certainly part, the same bolt for $60 that we sell though they are different. This is not not going down. We have seen the Eco- for $100 here, a $40 difference. your father’s factory. These are new, nomic Policy Institute release a study When you add that up, that is a $40 advanced technology manufacturing 2 weeks ago that revealed 1.8 million discount. On top of that, they are not jobs now that are being created. But in jobs have been displaced through trade paying health care the way we struc- the future these are needed if we are with China alone since they entered ture it. We are the only industrialized going to keep the middle class of this the World Trade Organization. They country that puts that on the backs of country. That is why we are on the promised they would follow the rules. our businesses. floor of the Senate, to express deep That is part of how you become part of They are following a whole different concern about the incredibly poor judg- the WTO. We were told: Support them set of rules. Their wages are dramati- ment and lack of attention coming so they can become a part of this inter- cally lower. When we say to our auto from this administration and coming, national organization, where they will suppliers or we say to our furniture in general, from those all together be required to follow the same rules as makers or we say to others: Why can’t making policy that relates to trade and everybody else. They have not and we you compete in a global economy, well, how we compete in a global economy. have lost, with China alone, 1.8 million Mr. President, the manufacturers who We have to pay attention before it is good-paying, middle-class jobs. joined us last week, and the great man- too late, before we lose our economic It is now time to say enough is ufacturers in Michigan I go home and competitiveness in a global economy, enough. In fact, 11 agreements have speak with every single weekend are our ability to make things. been completed since this administra- saying: Look around you. We are com- I believe any economy is based on the tion, new trade agreements. Yet to en- petitive. We can be competitive. We are ability to make things and grow things force the agreements, the money has productive, but we have to have a Fed- and add value to that. We have to have actually gone down by 17 percent. eral Government that partners with us a strong, vibrant manufacturing econ- There is no willingness to understand so we have a level playing field on omy in order to be able to move for- what is going on. which to operate. Don’t let the other ward and compete around the globe In the counterfeiting business, we team go down to the 20-yard line to- now. have a $12 billion counterfeit auto ward the goal. Put us both on the 50, We did hold a manufacturing sum- parts industry alone. What does that have the level playing field, and we mit, I think the first of its kind in the mean? These are auto parts coming in will compete with anybody and Amer- Senate, last week. I was very proud that do not meet our safety standards. ican ingenuity and hard work will win. that Senator REID, our leader, enthu- The brakes may look the same, but if That is what fair trade policies are all siastically supported us bringing to- you go to a shelf and say I want this about. gether 70 different CEOs and high-rank- one because it is cheaper and put it in I yield now to my colleague from ing manufacturing leaders, as well as your car, it doesn’t meet safety regula- North Dakota who comes to the floor those representing their labor force, tions. What happens when you are driv- every day speaking out on these issues their unions, to come together and talk ing with your kids in the car? These and who has been a powerful voice for about what has happened in manufac- are serious issues for what happens American workers and free trade. turing and how we in the Senate can be when auto parts are brought in, in a The ACTING PRESIDENT pro tem- supportive of keeping manufacturing counterfeit manner. pore. The Senator from North Dakota. competitive—a level playing field, Now, $12 billion worth of counterfeit Mr. DORGAN. Mr. President, how which is all we are asking for in a glob- auto parts have come in. In fact, in the much time remains? al economy. last 5 years, we have lost 250,000 jobs in The ACTING PRESIDENT pro tem- We heard some desperate pleas for us America because of that, and we have pore. The Senator from North Dakota to pay attention to what is going on. seen six of our Nation’s largest auto has 4 minutes remaining. Over and over again these CEO’s talked suppliers go into bankruptcy. This is Mr. DORGAN. Mr. President, first of with us about the fact that in a global no accident. We don’t have a policy. We all, I thank my colleagues for their economy, now competing with non- passed, here, a counterfeit policy to strong voice on trade. market economies such as China, they strengthen our counterfeiting laws and I note this morning in the Wash- in fact are not competing with compa- the administration doesn’t even use ington Post that they have written one nies, they are competing with coun- those. They have turned a blind eye. more ‘‘don’t confuse us with the facts’’ tries. We go out in the marketplace. We have lost 250,000 jobs. We have seen editorial on trade. It is a creed that we There are rules required of our compa- our largest auto suppliers going into see often in this newspaper. And this nies to be able to put a plant in an- bankruptcy—Delphi, Dana Corp., Col- one is under the guise of criticizing other country or have local content in lins & Aikman, Federal-Mogul, Tower Senator CLINTON for saying that she China with auto suppliers. You can’t Automotive, and Dura Automotive. opposes the United States-Korea Free send it in and do business with China. Our job is to fight for our businesses Trade Agreement. You have to make the product there. that are competing in a global econ- In fact, let me read a part of the arti- Their country owns part of the busi- omy where other countries are not fol- cle. It says: If ratified, this Korean ness or provides great incentives, lowing the rules. free-trade agreement, would be the through a variety of other policies. Yet Let me give one other example, and I most far-reaching trade agreement we are not paying attention. Unfortu- will be happy to turn to my colleague since the pact with Mexico and Canada. nately, this administration has not from North Dakota, the issue of cur- Oh, really? Well, the pact with Mex- gotten what is happening when we talk rency manipulation. When we say cur- ico, we actually negotiated that when about currency manipulation and coun- rency manipulation, most people’s eyes we had a trade surplus with Mexico. We terfeiting and all the other policy glaze over. What does that mean? Be- have turned that into a $60 billion-a- issues that have put our companies at cause a country such as China or year deficit. The trade with Canada, we a disadvantage. Japan, when it comes to the auto in- had a small deficit with Canada. We We are happy to export in a global dustry, purposely keeps their currency have turned it into a giant deficit. economy. We wish to export our prod- down in value, they get a discount on So if the Washington Post compares ucts, not our jobs. Right now we are ex- the exchange rate when they bring this with the NAFTA and the Mexico porting too many of our jobs. their product into this country. In and Canada trade pacts, they ought to What is the reality? When China China, for instance, again, where we go back and look at the facts. went into the WTO in 2001, we were look at an auto part, the same auto But let me just say, if they choose to told two things: our trade deficit would parts that are being pirated, snuck into applaud this trade agreement as the

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7577 ideal of what trade agreements ought learn? What about accountability? We pay the price for our oil habit to be like, I think they have chosen the What about benchmarks? Why won’t when a corrupt regime such as Iran wrong tent pole. this administration agree to bench- feels emboldened to threaten its neigh- Here is what is happening with trade. marks on trade agreements so that we bors with nuclear weapons, and do so This is what the Washington Post is can see whether we really are standing with impunity because their access to supporting: an avalanche of red ink, up for this country’s economic inter- oil makes it possible for them to buy dramatic trade deficits, which means ests? influence around the globe. we have shipped American jobs over- Mr. President, in my judgment, it is As New York Times columnist Tom seas. I believe we have begun to under- not just the Washington Post but so Friedman has pointed out, it is not a mine this country’s economy. many others here I think are experi- coincidence that when oil was $20 a With respect to automobile trade and encing a triumph of hope over real ex- barrel, both Russia and Iran launched Korea and this agreement, let me say perience when they support trade internal reform programs to increase we have already negotiated two agree- agreements that we know to be bad democratic participation. As the price ments with Korea in the 1990s. They agreements from this country’s eco- of oil has soared past $70 a barrel, both have not abided by either of them. nomic standpoint. of those countries have reversed course They say: Yes, yes, yes. They sign up The ACTING PRESIDENT pro tem- and used their burgeoning treasuries to for the agreement, and they do not do pore. The Senator’s time has expired. stifle dissent and roll back democratic anything with respect to the enforce- The Senator from New Jersey. progress. ment. f The same story can be told across the Here is what we have with Korea. ENERGY world, from the corrupt royal govern- Last year, they sent us 730,000 Korean ments and pseudo-theocracies of the Mr. MENENDEZ. Mr. President, as a cars to be sold in the United States. Middle East, to the iron-fisted dic- member of the Energy Committee, I Guess what. We were able to sell 4,000 tators who hold sway in the former So- know a tremendous amount of work cars in Korea. Let me say that again. viet countries in Central Asia, to the has been put into making this a strong They shipped 730,000 cars to be sold petro-populism of Hugo Chavez in Ven- energy package that will help us here. We were able to sell 4,000 cars in achieve energy self-reliance, lower gas ezuela. Many of the countries that sit Korea. prices, and reduce our greenhouse gas on the largest reserves of oil are the Fair trade? I don’t think so. Ninety- emissions. same countries that are now resisting nine percent of the cars driving on the Under Democratic leadership, we are reform and creating global instability. streets of Korea are Korean-made be- headed into a new cleaner, greener, and If the story of the 20th century was of cause that is the way they want it. more affordable energy future, one a tidal wave of democracy sweeping That is the way they will keep it. Go where we do not seek to treat our ad- across the globe, the emerging story of read the story about the Dodge Dakota diction to oil by drilling for yet more the 21st century is of that wave being pickup that we tried to sell in Korea, oil in the Arctic or off the east coast. swallowed underneath a floor of crude. and how the Korean government This bill represents a bold step forward As long as there are tyrants who have blocked that. You will know all you toward an economy that is based upon the lucky fortune to sit on top of mas- need to know about Korea auto trade. energy efficiency and renewable rather sive oil reserves and prop up their re- So when the Washington Post criti- than fossil fuels. gimes through huge petroleum profits, cizes Senator CLINTON for standing up I do believe, however, that there are there will be no reform. Finding alter- for this country’s economic interests, I a few key amendments that will make natives to oil is a key to democratic, think it is a curious kind of thing for this good bill even better. The most economic, and social reform in much of the Washington Post to do. important of these is Chairman BINGA- the world. This issue of trade is about jobs, real MAN’s renewable portfolio standard In response to this energy security jobs. And the people who have those amendment, requiring that 15 percent challenge, some of my friends and col- jobs are the people who know about of the Nation’s electricity be produced leagues will undoubtedly advocate Fed- second shifts, second jobs, second mort- from renewable sources by 2020. This eral support for efforts to support a liq- gages. They are American workers try- forward-thinking provision is a dec- uid fuel from coal. They point out that ing to make a go of it in a global econ- laration that our country is ready to be we have an abundant supply of coal, omy, supported by the Washington a renewable energy leader. that we are the ‘‘Saudi Arabia’’ of coal. Post, that puts downward pressure on I often hear in the Halls of Congress This line of thought ignores the threat their wages, and says let’s sign up for that energy is a regional issue. If you of global warming. any trade agreement, even if it is un- represent a cold State, you probably The lifecycle emissions of liquid fuel fair to this country’s economic inter- support one set of policies; if your made from coal are over twice that of ests. State grows corn or drills for oil, you gasoline. If we substitute oil for coal, a A group of us proposed that we do support other policies. fuel that releases even more green- benchmarks with trade agreements. I understand the passionate advocacy house gasses than oil, we are setting Let’s find out whether there is the kind one must undertake on behalf of one’s our planet up for disaster. Global of benchmark and accountability that home State. But energy can no longer warming is happening. It is caused by will meet the test of progress on the be viewed as a parochial issue that human activities. It is threatening our other side with respect to trade agree- only affects local interests. We in the very existence. ments. But this administration opposes Senate have a responsibility to ensure Recently, the New Jersey Research that as well. that our local interests do not jeop- and Policy Center catalogued the im- The reason I wanted to take the floor ardize the Nation’s interests as a pacts of global warming in my State today was to talk about the Korean whole, nor can we stand in the way of over the next century. If we do not act free-trade agreement. We could talk this great Nation becoming a global quickly and decisively, Cape May about most others, as well, but the edi- leader on what has become a global Beach will erode between 160 to 500 feet torial this morning criticizing Senator issue. inland. The Holland Tunnel will be CLINTON is unbelievable, and deals with For most of the past two centuries, forced to close due to repeated floods. the Korean deal. this country has been blessed with an Heat-related deaths in our cities will This is the weakest possible point the abundant supply of domestic energy, rise fivefold, and flooding along the Washington Post could make, or those bountiful enough to provide us with all Delaware River will cause millions of who support these trade agreements of the heat and power we have needed. dollars in property damage. could make. The Koreans send us But for the last 40 years we have in- Similar devastating impacts will be 700,000 cars. They will allow only 4,000 creasingly had to look abroad to secure seen all over the world. Floods will re- of ours into their marketplace. That is supplies of oil. This quest to feed our quire the evacuation of millions in fair trade? So they say, let’s sign up for seemingly insatiable appetite for oil India and Bangladesh. East Asia will a third agreement with them. How has unquestionably shaped our foreign experience increased water shortages. many bitter lessons do we have to policy. Central Africa will see ever worsening

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7578 CONGRESSIONAL RECORD — SENATE June 13, 2007 drought conditions. Warmer ocean sur- al climate change, we must rise above Under the current system, there is no face temperatures will lead to stronger local interests and show national lead- incentive for companies to take the hurricanes and cyclones. ership. Then, and only then will we be risk or make the investment in a proc- In order to address our energy chal- able to effect change that benefits con- ess that in all likelihood will result in lenges, we must keep these worldwide sumers, improves our energy security, rejection. This is something this bill impacts in mind, but that does not and establishes the United States as a should address. We know the problem. mean we should not act locally to leader in the fight against global We know the solution. All we need now achieve our national goals. Just this warming. is a commitment to do something past weekend, the Washington Post ran I salute Senator BINGAMAN and Sen- about it. Until we address the refinery an article with the headline, ‘‘Cities ator DOMENICI in this effort. I urge my capacity and petroleum infrastructure Take Lead on Environment As Debate colleagues to support this important problems, there will be no relief for Drags at Federal Level.’’ bill. this problem, for the ever-rising prices The article detailed the actions that I yield the floor. of gasoline for American consumers at mayors have taken to fill the void left The ACTING PRESIDENT pro tem- the pump. Until we address refinery ca- by the President’s lack of leadership on pore. The Senator from Florida. pacity, this bill will not be complete. climate change. Hundreds of mayors Mr. MARTINEZ. Mr. President, I rise This bill attempts to address sup- have created energy efficiency to speak on the very important bill be- posed price gouging at the pump. I projects, promoted renewable energy, fore us. Like the Senator from New think I speak for all my colleagues and vowed to meet the greenhouse gas Jersey, I serve on the Energy Com- when I say we oppose price gouging and reductions laid out in the Kyoto Pro- mittee. It has been my pleasure to we should encourage vigorous prosecu- tocol. work with the chairman and ranking tion of unscrupulous business prac- To foster this local spirit in our cit- member to discuss the problems we tices. We should do all we can to see it ies to tackle climate change, I, along have in our country and the State of doesn’t happen and those who engage with Senator SANDERS, have included a Florida with energy, the fact that it is in that are punished. But study after provision in this bill to create an en- such an essential ingredient in our study and investigation after inves- ergy and environmental block grant daily lives. It needs more help. It needs tigation have shown that widespread program. This program will allow cit- reform, and Congress needs to address price gouging is not happening. That is ies and counties to get Federal grants it. not the problem. After the devastating As we move forward in shaping the to make their buildings more efficient, hurricanes of 2005, I joined my col- policies that guide our Nation in secur- create new renewable energy projects, leagues on the Energy and Natural Re- ing domestic, stable, and affordable and continue their leadership in reduc- sources Committee to ask the Federal sources of energy, we must remember ing U.S. carbon emissions. Trade Commission if there was any that everything we do here will have a Mr. President, not only does the sort of collusion among the oil and gas direct impact on every American who Clean Energy Act of 2007 lower green- industry to drive up prices. Once again, drives a car, turns on a light, or takes house gas emissions and help us the FTC found no evidence of price achieve energy self-reliance, but the a sip of water. Gas prices are hovering around historic highs. Energy bills are gouging or of collusion. bill also promises to reduce prices at Until we address the capacity of our climbing. Over the last 5 months, gas the pump. First, the bill creates real refineries to produce more gas, the sup- prices have risen almost 50 percent. competition for oil by increasing the ply will be limited. Basic economics That is the one place where all Ameri- production of renewable biofuels from says if demand is high and supply is cans have to, at some point during the 8.5 billion gallons per year in 2008 to 36 low, you are going to pay a premium at week, make a stop, as with the grocery billion gallons per year by 2022. the pump. Gas prices are hurting Second, the bill lowers the demand store. If prices have gone up 50 percent Americans. We are looking at historic for oil by requiring the National High- over the last 5 months, imagine what highs. Pick up a gas pump and open way Traffic Safety Administration to that does to a family on a budget try- your wallet. Does this bill address achieve a nationwide fleet fuel econ- ing to make ends meet, trying to send that? No. This doesn’t add any more omy of 35 miles per gallon by 2020 for children to school, trying to live on a production. This doesn’t reduce ineffi- passenger cars and light trucks. fixed income—retire, perhaps—mem- Third, the bill expands the Federal bers of our military. This cuts across ciencies. Instead, this bill mandates al- research into plug-in hybrid tech- all people evenly. Energy bills are ternative fuels without removing cost nology so that electricity can compete climbing for all Americans. There is in- barriers. We will still have a 54-cents-a- against liquid fuels as a power source creased concern over the impact our gallon tariff on Brazilian ethanol. That for our vehicles. energy production has on our environ- is fuel which could be flowing today in Finally, by cracking down on price ment, and rightly so. Florida and throughout our country. gouging, the bill will ensure that oil I am glad we are talking about this That is fuel which could increase sup- companies cannot drive up costs with- important issue because it is a vehicle ply, reduce the price at the pump, and out justification. For too long compa- we can use to address all three of these have an impact on prices tomorrow. It nies have been allowed to squeeze mo- pressing concerns. But in this bill, is part of what this bill should address. torists for record profits without eco- there are areas where we can do more, We need to look at whether, in fact, it nomic justification. This bill will make areas we can improve to help shape the is prudent, at a time when we are try- oil markets more transparent and in- long-term outlook for domestic energy ing to increase ethanol consumption, stitute tougher civil and criminal pen- production. for us to put a tax on the import of eth- alties for market manipulation. In the area of gas prices, this bill anol from Brazil. Taken together, these measures will does nothing to remove the barriers to Another area of this bill where we create more supply, put downward refineries. Total U.S. demand for oil is could make improvements is by adding pressure on demand, and create a more about 22 million barrels per day. Right incentives to promote the production competitive marketplace. In turn, this now, we have domestic refinery capac- of nuclear energy. If we are looking for will lead to drastically lower prices for ity here in the United States to a clean, reliable, stable, and affordable all drivers. produce about 17 million barrels a day. energy supply, look no further than nu- Mr. President, in closing, each of us That means we have to import at least clear energy. In my State, we have five comes to the Senate as a representa- 5 million barrels of refined products nuclear units generating roughly 15 tive of our respective State, but our re- every day just to meet our current def- percent of our energy needs. We need sponsibilities do not end at our State’s icit. But the problem is, our needs are more of that kind of power generation. borders. As national leaders, we also growing and refinery capacity is static In the time since we ordered our last have a responsibility to come together or shrinking. We need more refineries nuclear reactor in the 1970s, France has and address issues such as our global and more refinery capacity. But the embraced nuclear energy. Now their energy challenges. fact is, we have not built a refinery in country is 80 percent nuclear. They get When it comes to these issues, the United States in 30 years because it. They are using it. They are recy- whether it is national security or glob- of burdensome overregulation. cling the waste to generate even more

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7579 power. If we are looking for a renew- working families, and those on fixed poor have been getting less poor. On average, able, clean, and stable source of en- incomes. CBO found that low-wage households with ergy, there is one. But instead of pro- This bill regulates and mandates, but children had incomes after inflation that moting nuclear energy, this bill is si- where is the bill streamlining? Where were more than one-third higher in 2005 than in 1991. lent. Instead of giving Floridians relief is the redtape being reduced? Where are from the costs associated with storing the incentives for States such as Flor- I ask unanimous consent that the ar- the waste at our facilities, we are faced ida to build upon those power sources ticle be printed in the RECORD. with mounting bills. which we have already found to be There being no objection, the mate- Florida ratepayers have already paid clean and successful? rial was ordered to be printed in the $1.2 billion to move waste to Yucca A bright future for America and our RECORD, as follows: Mountain, but it currently remains economy depends on energy. We need it [From the Wall Street Journal, May 23, 2007] stored in Florida. It is sitting at the to run our homes, computers, cars, our THE POOR GET RICHER powerplants. This money, intended to entire way of life. Right now, we have It’s been a rough week for John Edwards, store nuclear waste in Nevada, is cost- a reliance on foreign sources of energy and now come more bad news for his ‘‘two ing Floridians money every month in that is unhealthy. To get away from Americas’’ campaign theme. A new study by every electric bill. It is costing us the foreign sources of energy, we need to the Congressional Budget Office says the poor have been getting less poor. On average, money that should have been spent on make the hard decisions today to give CBO found that low-wage households with producing more energy, on finding us a better tomorrow. That is certainly children had incomes after inflation that ways of bringing down the costs. the case with our energy policy. Do- were more than one-third higher in 2005 than Under the 1982 Nuclear Waste Policy mestic solutions include nuclear, clean in 1991. Act, we were supposed to be sending coal, biofuels, increased production of The CBO results don’t fit the prevailing this waste to Yucca Mountain starting oil and natural gas. Obviously, con- media stereotype of the U.S. economy as a in 1998. We have let politics prevent us servation needs to be a cornerstone of richer take all affair—which may explain why you haven’t read about them. Among all from embracing the promise of nuclear what we do. power. If we are serious about pro- families with children, the poorest fifth had In Florida, we rejected oil and nat- the fastest overall earnings growth over the moting the production of clean energy, ural gas drilling off our coast in favor 15 years measured. (See the nearby chart.) we had better do what we promised of pursuing alternatives, including ex- The poorest even had higher earnings growth Florida ratepayers and others around panding production in some of the than the richest 20%. The earnings of these the Nation, that we open the central deepest regions of the Outer Conti- poor households are about 80% higher today repository in Nevada. nental Shelf, opening 8.3 million acres than in the early 1990s. We have enough coal to meet our en- for production. We are also studying What happened? CBO says the main causes of this low-income earnings surge have been ergy needs for 200 years, and very little new sources of energy. We are making in this bill addresses that fact. States a combination of welfare reform, expansion great strides in biofuels research and of the earned income tax credit and wage such as Kentucky, Montana, and Wyo- development. We are working through gains from a tight labor market, especially ming are rich in resources and ready to public and private partnerships to har- in the late stages of the 1990s expansion. bring those resources to meet our ness the power of cellulosic ethanol Though cash welfare fell as a share of overall growing fuel demands. As a Senator and find ways to more efficiently turn income (which includes government bene- from Florida, I would much rather be orange rinds and sugar cane into en- fits), earnings from work climbed sharply as digging for coal in Montana or Ken- ergy. These are the ideas. These are the the 1996 welfare reform pushed at least one tucky than drilling for oil on the family breadwinner into the job market. innovations we need to pursue in our Earnings growth tapered off as the econ- beaches of Florida. natural energy policy. We need to re- The Bingaman 15 percent RPS omy slowed in the early part of this decade, ward States that are pursuing smart but earnings for low-income families have amendment is one of the amendments I strategies. We need to stay away from still nearly doubled in the years since wel- encourage my colleagues to oppose. penalizing those that don’t have the re- fare reform became law. Some two million For Florida ratepayers who have em- sources to meet arbitrary and unreal- welfare mothers have left the dole for jobs braced nuclear energy as a way to help istic benchmarks. We need an energy since the mid-1990s. Far from being a dis- reduce pollution, by 2030, the Binga- policy for the long haul. aster for the poor, as most on the left man amendment will have a cost of $21 claimed when it was debated, welfare reform I am hopeful we can do that, but we has proven to be a boon. billion. I don’t know how many people still have a lot more work to do. in Florida think their energy bills are The report also rebuts the claim, fashion- I yield the floor. able in some precincts on CNN, that the mid- too low, but I can’t imagine that they The ACTING PRESIDENT pro tem- dle class is losing ground. The median family are willing to start subsidizing wind pore. The Senator from Wyoming. with children saw an 18% rise in earnings farms in North Dakota. Florida prop- f from the early 1990s through 2005. That’s erty taxes are already sky high. Our $8,500 more purchasing power after inflation. property taxes, our insurance costs are THE ECONOMY The wealthiest fifth made a 55% gain in even higher. The last thing Floridians Mr. ENZI. Mr. President, I listened to earnings, but the key point is that every want is a $21 billion increase in their class saw significant gains in income. the conversation that has gone on this There’s a lot of income mobility in Amer- power bill. Break that down, and that morning. I have to say I am a little bit ica, so comparing poor families today with is a rate increase of about $2,500 per disappointed in some of the negative the poor families of l0 years ago can be mis- household. That is more than a year’s comments about our country. I always leading because they’re not the same fami- tuition at the University of Florida. thought you had to be an ultimate op- lies. Every year hundreds of thousands of That is more than a family on a fixed timist to serve in this body. Things go new immigrants and the young enter the income might spend in a year for any slowly, which is probably fortunate, workforce at ‘‘poor’’ income levels. But the type of recreational activity. Florida but we just can’t keep trying to make CBO study found that, with the exception of doesn’t have the resources or the ca- chronically poor families who have no bread- ourselves look better by running down winner, low-income job holders are climbing pacity to meet the arbitrary defini- our country. I often remind people that the income ladder. tions or demands of the Bingaman I am not aware of anybody trying to When CBO examined surveys of the same amendment. We will take a big finan- get out of our country, but from the poor families over a two year period, 2001– cial hit if it passes. past 2 weeks’ discussion, I know there 2003, it found that ‘‘the average income for In the next 10 years, Florida’s energy are a lot of people trying to get in. those households increased by nearly 45%.’’ demands are expected to grow 60 per- I will cite an article from the Wall That’s especially impressive considering cent. We need reliable, affordable, Street Journal of Wednesday, May 23, that those were two of the weakest years for economic growth across the 15 years of the abundant, clean-burning energy to 2007, that says, ‘‘The Poor Get Richer.’’ meet our demands. Disincentives like larger study. It reads: One argument was whether welfare reform the renewable portfolio standard It’s been a rough week for John Edwards, would help or hurt households headed by amendment don’t provide power to the and now comes more bad news for his ‘‘two women. Well, CBO finds that female-headed State of Florida. They don’t help Flor- Americas’’ campaign theme. A new study by poor households saw their incomes double ida meet its needs for seniors, veterans, the Congressional Budget Office says the from 1991 to 2005, and the percentage of that

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7580 CONGRESSIONAL RECORD — SENATE June 13, 2007 income coming from a paycheck rose to Even some of the popular resentments— Don’t expect apologies from Congress or more than a half from one-third. The per- such as over the steep trajectory of CEO the green activists who promoted these man- centage coming from traditional cash wel- pay—are hardly without merit. dates. We are living in one of those eras fare fell to 7% from 42%. Poor households get But after six years of fairly steady eco- where all Americans are supposed to bow be- more money from the earned income tax nomic growth despite a costly war, Katrina, fore the gods of energy conservation, even if credit, but the advantage of that income- a housing slump and other body blows, fair- it means walking around with dirty under- supplement program is that recipients have minded people should at least entertain the wear. One irony is that because the new ma- to work to get the benefit. possibility that current policies must be get- chines clean so poorly, consumers will often The poor took an earnings dip when the ting something right. have to rewash clothes, which could well off- economy went into recession at the end of The burden of proof, indeed, should be on set energy savings from the mandates. Not the Clinton era, but data from other govern- those who want to raise taxes, reverse ad- to mention the use of extra detergent. But ment reports indicate that incomes are again vances in free trade, and micromanage busi- no matter: Crusades like these are about starting to rise faster than inflation as labor nesses with a slew of new regulations affect- pure green intentions, not the impure actual markets tighten and the current economic ing compensation, benefits and employment results. expansion rolls forward. conditions. And this is just the beginning. President It’s probably asking way too much for this After all, what exactly is it about the Bush’s endorsement of more immediate dose of economic reality to slow down the March economic figures that they don’t like? auto-mileage standards this week is the lat- class envy lobby in Washington. But it’s f est sign that we are returning to the era worth a try. when the environment is used as the polit- ENERGY Mr. ENZI. Another article I refer to ical justification to promote a new wave of is from Denver’s Rocky Mountain News Mr. ENZI. Mr. President, what I real- government regulation. ly came to address is an issue of ut- Members of Congress and state legislatures for April 9, 2007, ‘‘Not bad for a much- are proposing new government edicts forcing maligned economy.’’ We keep talking most importance to the American peo- Americans to use new and more energy-effi- about how bad the economy is. Well, it ple. When I visit my home State and cient fluorescent light bulbs instead of the isn’t bad. read the mail I receive from constitu- conventional incandescent bulbs that many Just when your mind may have been grap- ents, I am consistently reminded of the people prefer. Apparently Americans aren’t pling with the disturbing news that Circuit fact that we are seeing record-high en- wise enough to make up their own minds, as City stores had fired 3,400 of their highest- ergy prices. High energy prices affect technology adapts and prices of the new paid hourly salespeople—not to trim the almost every American. They affect bulbs fall. Once upon a time liberals said government workforce, as you might expect, but to re- the parent who drives his or her kids to place those let go with lower-paid workers— should stay out of the bedroom; at the cur- school. They affect the college student rent rate, that will be the only room in the along comes the Labor Department with who wants to make it home for the equally startling news, but of a positive house where Uncle Sam won’t be telling us bent. weekend. They affect Members of the how to live. In March, the U.S. economy added 180,000 Senate as we travel to and from our Mr. ENZI. Price increases are for a jobs; the unemployment rate declined again, States. But we have to be careful with number of reasons, but the simplest ex- to 4.4 percent; and average hourly and week- what we do. A lot of the time, some- planation is that we lack the supply to ly earnings advanced, with weekly income up thing that we think is going to be a meet the demand for energy. At the 4.4 percent . . . positive move turns out to be a nega- same time, prices decrease when we see The article goes on to read: tive. strong supplies that are capable of But after six years of fairly steady eco- I refer to a Wall Street Journal arti- meeting the demand that exists. nomic growth despite a costly war, Katrina, cle of May 16, 2007. It is titled ‘‘Green We have to be careful that we reduce a housing slump and other body blows, fair- But Unclean.’’ It reads: the demand—and that is what part of minded people should at least entertain the Remember those water-saving toilets that this bill does—but we also have to fig- possibility that current policies must be get- Congress mandated a few years back? Yes, ting something right. ure out a way to increase the supply. I the ones that frequently clog and don’t flush, am a little disappointed in what the It ends by saying: causing many Americans to resort to buying bill does with that. After all, what exactly is it about the high-performance, black-marketed potties in On June 12, 2007, there was an article Canada and sneaking them into their homes March economic figures that [you] don’t in the Casper Star-Tribune. The title is like? like smugglers. Well, get set for Washing- ‘‘Official warns of energy crisis; I ask unanimous consent that that ton’s latest brainstorm. I ask unanimous consent to print Growth in demand for electricity in article be printed in the RECORD. West exceeds generation capacity.’’ Of this article in the RECORD. There being no objection, the mate- course, for years we have been hearing rial was ordered to be printed in the There being no objection, the mate- rial was ordered to be printed in the about rolling brownouts in California RECORD, as follows: and even blackouts in part of the coun- RECORD, as follows: [From the Rocky Mountain News, Apr. 9, try. 2007] [From the Wall Street Journal, May 16, 2007] It says: GREEN BUT UNCLEAN NOT BAD FOR A MUCH-MALIGNED ECONOMY Construction of new electrical generation Just when your mind may have been grap- Remember those water-saving toilets that in the West is projected to grow by 6 percent, pling with the disturbing news that Circuit Congress mandated a few years back? Yes, while demand for electricity is projected to City stores had fired 3,400 of their highest- the ones that frequently clog and don’t flush, increase by 19 percent over the next 10 years, paid hourly salespeople—not to trim the causing many Americans to resort to buying according to the Federal Energy Regulatory workforce, as you might expect, but to re- high-performance black-market potties in Commission. place those let go with lower-paid workers— Canada and sneaking them into their homes FERC Commissioner Suedeen Kelly, along comes the Labor Department with like smugglers. Well, get set for Washing- equally startling news, but of a positive ton’s latest brainstorm: $800 washers that speaking on her own behalf, said the bent. don’t really clean. situation is nothing short of a crisis. In March, the U.S. economy added 180,000 The June issue of Consumer Reports states Mr. President, I ask unanimous con- jobs; the unemployment rate declined again, that ‘‘Not so long ago you could count on sent that the article be printed in the to 4.4 percent; and average hourly and week- most washers to get your clothes clean. Not RECORD. ly earnings advanced, with weekly income up anymore. . .’’ The magazine tested the new There being no objection, the mate- 4.4 percent on an annual basis. washers and found that ‘‘Some left our stain- rial was ordered to be printed in the In other words, amid all of the economic soaked swatches nearly as dirty as they were RECORD, as follows: anxiety fueled by globalization, immigration before washing.’’ [From the Casper Star-Tribune, June 12, and the relentless rhetoric about a growing The cause of this dirty laundry is a regula- 2007] class divide in the United States, the actual tion issued in the waning days of the Clinton performance of the American economy re- Administration mandating that washers use OFFICIAL WARNS OF ENERGY CRISIS mains fairly remarkable. 35% less energy by 2007. Regulators claimed (By Dustin Bleizeffer) We’re not suggesting that the popular wor- at the time that this would save money and DEADWOOD, S.D.—Construction of new elec- ries are baseless. Globalization involves win- energy without sacrificing performance. trical generation in the West is projected to ners and losers; immigration puts pressure That’s what they always say. But, according grow by 6 percent, while demand for elec- on wages (at least on the lower end); and the to Consumer Reports, the new top-loading tricity is projected to increase by 19 percent rich have indeed been getting richer at a washers ‘‘had some of the lowest scores over the next 10 years, according to the Fed- faster rate than the rest of us. we’ve seen in years.’’ eral Energy Regulatory Commission.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7581 FERC commissioner Suedeen Kelly, speak- that made it impossible to build an en- pensive to produce energy. As they ing on her own behalf, said the situation is tirely new refinery, and that is what talk about the need to increase our Na- nothing short of a crisis. has been happening for the last 30 tion’s energy security, they vote ‘‘There’s not enough time to build our way against policies that will increase the out,’’ Kelly told the Western Governors’ As- years. That legislation was repeatedly sociation here Monday. blocked at the expense of the American use of our Nation’s most abundant do- Kelly said Western states must band to- people, who continue to suffer as refin- mestic energy source. gether to aggressively seek energy effi- ers struggle to keep pace through ex- We are currently debating an energy ciency, noting that even small load reduc- pansion. Supply and demand—you can bill. I want to commend Chairman tions during peak usage times have proven buy the oil, but unless the oil becomes BINGAMAN and Ranking Member to save millions of dollars. In addition to ef- gasoline, you cannot use it, and unless DOMENICI for their work on this legisla- ficiency, Kelly said, Western states must im- it is in enough of a quantity of gasoline tion. There is no question there are mediately launch a massive and coordinated and enough of a supply, the price will some positive provisions in the legisla- construction effort to link rural renewable tion. I do appreciate that it actually energy and clean coal resources to high-load go up. It will provide complications. centers. Since November, gasoline prices have came through committee. I have not She commended the Western Governors’ increased almost 50 percent. The price seen a bill that has just been brought Association for its efforts toward those of gas averaged $2.20 a gallon at the to the floor, such as the immigration goals, but cautioned that the process is last election. Now the average is $3.15 a bill, that has ever made it through the going to be expensive—both financially and gallon. Part of that is the cost of a bar- process. So this one has a chance of politically. The political cost is that some rel of oil, but more of that is a reflec- making it through, and I am glad for government entity—whether state or fed- tion on the future and how unstable that. The legislation will help develop eral—is going to have to force power lines biofuels technologies which will allow into someone’s backyard. some of the world situations are. That States retain authority over siting power is what fluctuates the price of a barrel us to displace some of our Nation’s tra- lines and related facilities—an endowment of oil. ditional energy supply. the federal government doesn’t seem to But the price at the pump is affected However, the legislation has many envy, according to Kelly. Wyoming Gov. by the number of refineries we have flaws, most clearly illustrated by the Dave Freudenthal suggested this is one area and the number of regulations Con- decision of Senate Democrats to block where the federal government could be use- gress puts on the gasoline we use. We efforts by members of the Energy Com- ful. Freudenthal’s idea: Perhaps FERC could saw a spike last month in the price of mittee who worked to incentivize a play some sort of ‘‘convenor’’ role to ‘‘legiti- technology that can truly reduce our mize’’ siting authority. gasoline. That is the point at which the ‘‘The governor feels really what the state refineries had to shut down some of Nation’s dependence on foreign can do is set the stage and make the case their production in order to change sources. That technology is known as that transmission is important,’’ over to the requirements we put on for coal-to-liquids, and it is the process of Freudenthal spokeswoman Cara Eastwood the summer fuel. When that happens, turning our Nation’s most abundant said. ‘‘It’s a complex issue, and it’s a chal- there is less supply, and prices go up. energy source—coal—into liquid fuels— lenging issue that has to be overcome in Since the changeover has been made, incentives instead of stopping the proc- some way.’’ ess. Individual states can invite FERC to par- prices have come down slightly. These are not positive trends and, Coal-to-liquids technology is not ticipate without relinquishing siting author- new. The technology has been around ity, Kelly said. She said open co-operation is unfortunately, there is nothing to indi- since the 1940s, and there is no question key to dealing with the energy crisis, so cate the Senate will be acting in a way it will be used today in a much better Westerners are going to have to accept to increase supply and improve the way than even in the 1940s. It would be ‘‘small environmental footprints’’ to reduce price of energy for the American peo- used in the transportation markets, the overall environmental footprint across ple. the nation. My State of Wyoming is an energy- which is our biggest difficulty. ‘‘We are no longer flying solo with our It can be transported in pipelines producing State. We produce about a electricity supply and demand,’’ Kelly said. that currently exist. And, because it third of the Nation’s coal. We produce ‘‘We are dependent on each other—even more comes from coal—our Nation’s most a million tons of coal a day. We also dependent on each other if we want to (de- abundant energy source—it can be pro- velop) our renewable and clean coal’’ re- have large natural gas fields. We are duced at home by American workers. sources. the only State in the Nation that is Kelly said the energy shortfall will likely Coal-to-liquids plants are being de- showing an increasing supply of nat- veloped in China. They are being devel- reveal itself this summer, noting that mete- ural gas. We also produce some oil. We orologists project hot temperatures across oped in other major industrialized na- the nation. have a significant amount of wind tions, but they are not being developed ‘‘We can correctly call this a crisis,’’ Kelly power. We have uranium. Because of a in the United States. I am concerned said. ‘‘We don’t have enough time to build lot of Sun, I am seeing an increasing that, as we sit on the sidelines, other generation to meet increased demand this amount of solar power with each visit nations will take advantage of our in- summer.’’ to Wyoming. action and our economy will suffer. Mr. ENZI. As prices continue to esca- We have a diversified energy port- The amendment offered by Senators late, some would say we are in an en- folio. We have an energy portfolio that THOMAS and BUNNING that was blocked ergy crisis. We are at a point where we recognizes that coal is the Nation’s in the Energy Committee offered a tre- continue to see the global demand for most abundant resource. In fact, my mendous opportunity to move coal-to- energy increasing as countries such as county has more Btu’s in coal than liquids forward. It was a tremendous China and India develop. At the same Saudi Arabia has in oil. Our energy opportunity to place more of our en- time, the demand increases, the Demo- portfolio recognizes you can produce ergy security in the hands of Ameri- cratic Congress is not taking the steps natural gas in an environmentally effi- cans and to take it out of the hands of to increase our domestic supply. Some cient manner. At the same time, our Hugo Chavez of Venezuela and other oil of the policies we are seeing will have State’s portfolio recognizes there is an barons who seek to do economic harm a detrimental effect on that supply. increasingly important place for wind to the United States. Unfortunately, The Energy Policy Act of 2005 in- and other renewable resources. We are on a party-line vote, that effort was cluded a number of important incen- trying to do them all, but we cannot blocked and instead of debating a more tives for the domestic exploration of neglect the one we have the most of. comprehensive energy bill, we are de- many new natural resource supplies. It The policies on the other side of the bating one with a glaring weakness. aided in the production of affordable aisle do not reflect this need for diver- In addition to the decision to keep domestic energy. We are now seeing a sity. While they talk about the need to coal-to-liquids language out of the leg- number of proposals from the other reduce our dependence on foreign en- islation, I am concerned that a number side to repeal these important provi- ergy sources, they repeatedly block ef- of other sections included in the bill sions. forts to produce our domestic re- make for good talking points, but not In the 109th Congress, we attempted sources. As they talk about the need to for good solutions. Although I under- to pass important legislation to lower prices for consumers, they advo- stand and sympathize with the prob- streamline the bureaucratic process cate policies that will make it more ex- lems that high energy prices create for

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7582 CONGRESSIONAL RECORD — SENATE June 13, 2007 families, creating a federal price Certainly, the Federal Government other fuels do. So we hope to broaden gouging law is not the answer. The au- needs to be a leader in that area, and that definition so the Senate itself is thority already exists for investiga- this bill certainly contemplates that. not defining specific fuels. tions into price gouging, and I am con- But let me say this: In a rush to do We have tremendous capabilities in cerned that price gouging is simply a this—and I am, again, thrilled we have our country through entrepreneurship. code word for ‘‘price controls.’’ Such a a bipartisan effort underway—I think We have tremendous capabilities policy failed in the past and will fail in we need not lose sight of the fact that through coal-to-liquid technology that the future. overall our goal should be to certainly we can do in an environmentally I also have concerns about the sec- make sure whatever we do with energy friendly way. We have other types of tions of the legislation that increase policy raises the gross domestic prod- technologies that are being developed. corporate average fuel economy stand- uct of our country over time, so these I think we as a country should set ards, and I have concerns that this bill young people who are here as pages goals and standards and let entre- does nothing to address our lack of do- today have a future that is even bright- preneurs and the business community mestic energy production in areas er than it is today, that what we do help fill the void to cause our country where production is possible and envi- certainly causes our country to have to be energy secure, to cause our coun- ronmentally responsible. energy security so we are not depend- try to help grow the GDP, and to cause We are in a situation where our Na- ent on regimes around the world that our country to make sure what we do tion’s energy supply does not meet our are not friendly to our country, and causes us to be environmentally friend- Nation’s energy demand, and, while we that whatever we do causes us to be en- ly. must work to reduce our consumption, vironmental stewards, that we do not So we will be putting forth that we should also work to produce as damage our country. amendment. I hope my colleagues will much energy domestically as is pos- I want to tell you that I had the join me in helping us broaden these sible. great privilege of spending time in Eu- definitions so we can harness the very Mr. President, I yield the floor. rope 2 weeks ago, looking at some of best we have in our country. The ACTING PRESIDENT pro tem- the energy policies some of our friends I yield my time. pore. The Senator from Tennessee is and allies have put in place. While on f recognized. one hand I admire greatly their effort Mr. CORKER. Mr. President, I rise to do less damage to the environment, CONCLUSION OF MORNING today in support of America’s energy sometimes there are adverse con- BUSINESS security, and I wish to speak a moment sequences to what occurs. I think what The PRESIDING OFFICER (Mrs. about the bill that is before us and talk we have seen over the short term is a MCCASKILL). Morning business is about some of the pluses it brings into greater dependence on fuel sources that closed. our debate and also talk about some will cause them to be in some ways f additions I think are very necessary. more dependent on regimes that could I am very excited that the Energy not in some ways be friendly to their CREATING LONG-TERM ENERGY Committee, which I am on, has passed future. ALTERNATIVES FOR THE NA- out to this body a bill that talks about I think we need to keep these things TION ACT OF 2007 increasing the ability of our country to in balance. So while we look at alter- The PRESIDING OFFICER. Under rely upon alternative fuels. I think we native fuels that are going to be friend- the previous order, the Senate will re- have set some very good goals in that ly to our environment and cause us to sume consideration of H.R. 6, which the area. I believe that is an excellent start be less dependent on those that are clerk will report by title. to cause us to be less dependent on pe- not, I think we ought to also focus The assistant legislative clerk read troleum, to be far more dependent on heavily, in this bill, on increased pro- as follows: biofuels in our country. duction. Here in America, we need to A bill (H.R. 6) to reduce our Nation’s de- I know the State of Tennessee, which do our best to boost fuel supply by in- pendency on foreign oil by investing in I proudly represent, will be a big part creased production. We need to in- clean, renewable, and alternative energy re- of making sure that happens. As a mat- crease our refining capacity. We really sources, promoting new emerging energy ter of fact, our State is working to have not had major increases in refin- technologies, developing greater efficiency, make sure we are a substantial part of ing capacity in this country since the and creating a Strategic Energy Efficiency our country’s goal in meeting these ob- 1970s. There are additions that are tak- and Renewables Reserve to invest in alter- jectives. ing place. native energy, and for other purposes. I know cellulosic research is taking I know many people are talking Pending: place in Tennessee and throughout the about the high price of gasoline. Cer- Reid amendment No. 1502, in the nature of country, which will benefit all Ameri- tainly, one of the reasons for that is a substitute. cans in the process, as we take the our country has a limited ability to ac- Inhofe amendment No. 1505 (to amendment pressure off corn-based ethanol, which tually refine petroleum in a way we No. 1502), to improve domestic fuels security. is a big part of what we are doing in can use it in our vehicles. That is AMENDMENT NO. 1505 our country. I am so thrilled for the something we as a country need to ag- The PRESIDING OFFICER. Under corn farmers and others across Amer- gressively pursue. the previous order, the time until 11:45 ica who are playing a part in our en- The other thing we need to do in this a.m. shall be for debate on amendment ergy future, but I know that cellulosic bill—and I plan to offer an amendment No. 1505, offered by the Senator from is going to be a big part of what we to deal with this issue. In some ways, Oklahoma, Mr. INHOFE, with the time need to do to even increase our coun- in this bill, in focusing on alternative equally divided and controlled between try’s ability to produce alternative fuels, we are trying to pick winners the Senator from Oklahoma, Mr. fuels. and losers. We are saying certain types INHOFE, and the Senator from Cali- I also know this bill we are contem- of ethanol are the types of alternative fornia, Mrs. BOXER, or their designees. plating does a great deal to focus on fuels we need to be pursuing and those Who yields time? carbon capture and storage. It also al- only. What I would like to do is add— Mr. ENZI. Madam President, on be- lows our country to actually assess the and what I will do through an amend- half of Senator INHOFE, I yield myself various caverns throughout our coun- ment, and hopefully, it will pass this 10 minutes. try to really look at how much storage body—is to cause the Senate to actu- The PRESIDING OFFICER. The Sen- capacity our country has as it relates ally set standards, standards that ator from Wyoming is recognized for 10 to storing CO2 emissions in order to cause fuels to be environmentally minutes. make sure we do no further damage to friendly, to emit less carbon, to emit Mr. ENZI. Madam President, I rise to our environment. less other types of pollutants, and at talk about the Inhofe amendment, I know this bill also really focuses on the same time be fuel efficient, to pro- which would increase the possibility energy efficiency standards—some- vide the amount of energy, if you will, that we could have increased refining thing all Americans need to embrace. that really meets the standards these in the United States. Refining of oil

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7583 produces more gasoline, and more gaso- built. They make those changes in a Horn Valve, that will make the refin- line will bring down the price of gaso- way that is environmentally sound. Op- ing process much more capable and line. ponents of this legislation suggest that also environmentally better. But un- We can’t have a serious discussion is not the case and that environmental less we can get rid of that single con- about energy without discussing the laws will be pushed aside. Those claims struction of refineries, we are going to fact that it has been more than 30 are false. The Environmental Council have shortages of gas twice a year im- years since the last oil refinery was of States, which represents State de- mediately, and more often in the fu- built in the United States. There has to partments of environmental quality, ture. I do have a lot of confidence that be a reason for that. Although a num- clearly stated in a letter that ‘‘the Gas there can be not only coal to liquids, ber of our Nation’s refiners have PRICE Act does not weaken environ- but coal to liquids with a little bit of worked on expansions, they simply mental laws.’’ That act is the one that invention can be done even better than can’t keep up with the growing de- is in Senator INHOFE’s amendment. other kinds. mand. In addition to this, the council, along We need to worry about the natural It is clear that something is wrong with the National Association of Coun- gas supply for this country. A lot of with a permitting process when it is so ties, acknowledged that the Gas PRICE States are placing a huge emphasis on burdensome it prevents the construc- Act streamlining provisions are in natural gas as the cleanest fuel, and it tion of that which is so vital to our Na- compliance with State and local gov- is. But there is only one State that is tion. Because energy fuels our econ- ernments. producing more natural gas than in omy, we need to stop with the rhetoric If this were the only positive section previous years, and that is the State of and take some real action. of the Gas PRICE Act, it would be wor- Wyoming. That will not go on forever. I have to tell my colleagues that I thy of our support, but this legislation If we use it to produce electricity, we have faith in America. I have faith in also addresses a second aspect that I are going to run out of natural gas. So the young people of America. I have believe is missing from the underlying those people across the country who faith in the inventors in America, who bill. That aspect is the incentivizing of are using natural gas to heat their are of all ages. I am aware of a com- coal-to-liquids technologies. homes should be particularly con- pany in Sheridan, WY, named Big Horn As drafted, the legislation does noth- cerned. Valve. They have been working on ing to advance the development of I know one company was looking at some refinery problems, including coal-to-liquids plants. That is the over- having some peaking power for Rapid leaks in refineries, and they came up all bill, not the amendment. As a mem- City, SD, and they were going to do it with a valve that doesn’t have a knob ber of the Senate Energy Committee, with natural gas. But the board of di- that you turn on the outside of the Senator Craig Thomas and JIM rectors, as they looked at it, found out pipe. Everything is internal in the pipe, BUNNING worked hard to move this that the time they needed the peaking and it has a special venturi nozzle in issue forward and offered an amend- power was in the middle of winter when there that doesn’t take up the entire ment during the committee’s consider- it was cold because people there use inside of the pipe but can still flow as ation of the biofuels legislation to set a some electricity to heat with. But much oil as a flow pipe. The way it blending requirement for coal-derived what they discovered was that the works is to turn it off magnetically; it fuels at 21 billion gallons for the year amount of natural gas to provide peak- twists and the two spots don’t line up. 2022. Is it possible? Absolutely. Unfor- ing power in winter in Rapid City Since it is completely internal to the tunately, this amendment failed by one would be an equivalent amount of gas pipe, there can be no leakage. It is just vote, and so it wasn’t included in the to what the whole city of Rapid City one small solution to some of the prob- bill. uses to heat homes during that same lems that can be solved. The Gas PRICE Act addresses this cold spell. I would mention that with the Na- vital issue by requiring the Environ- A lot of natural gas has to be used if tional Institutes of Health, we have mental Protection Agency to establish it is used to produce electricity. We faith in the inventiveness of people. We a demonstration to assess the use of can invent better ways to do that. We doubled the budget for research for the Fischer-Tropsch, diesel and jet fuel, as can come up with coal to liquids. We National Institutes of Health. I can tell an emission control strategy. Further- can increase our refineries. I hope we my colleagues that today we have 654 more, it provides incentives to the Eco- will find ways to encourage that rather cancer treatments in clinical trials. nomic Development Administration to than discourage that if we are going to That is what happens when we build coal-to-liquid refineries and com- truly have an energy policy. incentivize people to come up with so- mercial scale cellulosic ethanol refin- I yield the floor and reserve the re- lutions. eries at BRAC sites and on Indian land. mainder of my time. We need to do that with energy. We These important steps will help The PRESIDING OFFICER. Who are in the midst of a huge energy cri- jump-start an industry that will help yields time? sis. China recognizes it. China is buy- reduce our Nation’s dependence on for- Mr. ENZI. Madam President, I sug- ing every available fuel source they eign energy barons. Coal is our Na- gest the absence of a quorum, and I ask can get their hands on. My colleagues tion’s most abundant source. As I men- unanimous consent that the time be probably saw where they tried to buy a tioned earlier, we have more Btu’s in equally divided. company in California. You have prob- my county in Wyoming alone than all The PRESIDING OFFICER. Without ably seen where they bought supplies of Saudi Arabia. Using coal to produce objection, it is so ordered. in Canada. They know the future of the diesel and jet fuel will take our energy The clerk will call the roll. economy is requiring—requiring—en- security out of the hands of Hugo Cha- The assistant legislative clerk pro- ergy, particularly fuel to transport vez in Venezuela and others who seek ceeded to call the roll. things. to harm our economic interests and Mrs. BOXER. Madam President, Senator INHOFE’s amendment recog- put it back in the hands of American could the Chair give us the parliamen- nizes this fact, and it improves the per- citizens. tary situation this morning. mitting process for new refineries. It I am pleased Senator INHOFE has of- The PRESIDING OFFICER. The Sen- establishes an opt-in program for State fered this important amendment. It ad- ate is currently in a quorum call being Governors, requiring the Environ- dresses two areas in which the legisla- equally divided between the two sides. mental Protection Agency to coordi- tion could be improved, and I urge my Mrs. BOXER. I ask unanimous con- nate all necessary permits for con- colleagues to support this approach. sent that the order for the quorum call struction or expansion of refineries. It The two areas are to make it possible be rescinded. provides participating States with to actually expand the number of refin- The PRESIDING OFFICER. Without technical and financial resources to as- eries in the United States, and there objection, it is so ordered. sist in permitting, and it establishes are places in the United States where Mrs. BOXER. Madam President, it is deadlines for permit approval. those can be built, and safely built. I my understanding now there is how These vital changes will make it pos- also think there can be some inven- much time remaining until the vote on sible for new refineries to finally be tions, such as I mentioned with Big the Inhofe amendment?

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7584 CONGRESSIONAL RECORD — SENATE June 13, 2007 The PRESIDING OFFICER. The vote streamlined procedure in 2005. They Government gets no money. That was is at 11:45. The Senator’s side has ap- never took advantage of it. Now, Sen- the idea behind the Surplus Federal proximately 30 minutes remaining. The ator INHOFE is giving them more Lands Act. The Federal Government Republican side has approximately 21 streamlining procedures, and he is ex- should get some money from the pri- minutes remaining. empting these energy companies from vate sector. Oh, no, they get the land Mrs. BOXER. Madam President, I every single environmental law that free, these energy companies. That is rise to debate this Inhofe amendment was signed into law by Republican because they are hurting so much. and, in the strongest possible terms, Presidents and Democratic Presidents. They are hurting so much that we are make a few points to my colleagues. Let me tell my colleagues the laws going to give them the land free. When you strip it all away, this that are waived in the Inhofe amend- On Indian land, they get back 110 per- amendment is a giveaway—a giveaway ment. I say to the American people: cent of their investment, so they actu- to energy companies at a time when Listen to this because if ever we have ally make money without a penny of they have never had it so good, at a unanimity about what is important to cost. Whoever votes for this amend- time when they have never made so do for the health of our people, it is ment is voting for a giveaway of tax- much money. The CEOs are making $37 when Republican and Democratic payers’ dollars. Whoever votes for this million a year; $16 million a year; Members of the Congress and Presi- amendment is voting for an open-ended Exxon, a $39 billion profit—billion-dol- dents sign these laws and pass these cost that isn’t even stated in the bill. lar profit; Shell, a $25 billion profit; laws: The Clean Air Act, the Clean Look at the last page of the bill, BP, a $22 billion profit; Conoco-Phil- Water Act, the Resource Conservation ‘‘such funds as may be required.’’ We lips, $15.6 billion; and Chevron, over $17 and Recovery Act, the National Envi- know some of these energy plants will billion. The CEO, Lee Raymond, of ronmental Policy Act, the Safe Drink- cost $4 billion for one plant. Let’s say ExxonMobile, received a $400 million ing Water Act. there are 100 pieces of Federal land severance gift. Let me repeat that. One Those are a few examples of Federal that could be redeveloped. You do the man received a $400 million severance laws which are cast asunder by this math. We are busting the budget. You gift, and the Inhofe amendment wants amendment. Who gets the benefit? Not think the Iraq war costs a lot? Take a to give these people more. The Inhofe the American Lung Association, which look at this. And who does the money amendment wants to give these people might, in fact, put in substantial pre- go to? The same people who are charg- more, even after, in the 2005 Energy cautions that the air is clean, but they ing us in California close to $4 a gallon bill, they already got their streamlined give it to the most polluting industries for gas. provisions. They already got what they in America: the refining and oil indus- So you can stand up here and talk needed. tries. about it all you want, but the bottom Let me tell my colleagues what the Senator INHOFE will say: Oh, we let line is, this is, in many ways, a social- Inhofe amendment does. It gives to the States pass these laws. We say they istic bill, socialism: give away land to those who have, and it gives to energy have to pass substantially equivalent big business, give them the cost of the companies free public land—public land laws. That is not defined. Why on building, in some cases 110 percent re- that belongs to the taxpayers of Amer- Earth waive the laws that are the cor- imbursement, waive all of the Clean ica. It gives them preference to get free nerstone of America’s environmental Air Act, the Clean Water Act that pro- public lands. Not only do they get the protection under both Republican and tects the health and safety of our peo- land free, but in the case of Indian Democratic Presidents? Why waive ple, and who are the most vulnerable? land, they get 110 percent of their costs those laws? Do you think that little of Our moms and dads, our grandmas and reimbursed to them. This is what we America’s families? grandpas, our children. Just ‘‘Katy bar are doing in an Energy bill that is sup- In my State, 9,900 people die every the door’’ with the money. No problem. posed to be good to consumers. year from lung-related disease. And Oh, it is as if we are somehow in the The underlying bill has many provi- let’s talk about some of the chemicals black today when we have deep deficits sions in it. All those provisions are these refineries give off. today. good for the American people, includ- In 2005, refineries emitted over 68 What an amendment to bring to the ing fuel economy for our cars, solar en- million pounds of toxic chemicals, 3.8 floor from my friend—my good friend— ergy on the building of the Department million pounds of known cancer-caus- Senator INHOFE. A similar amendment of Energy. We hope we will have a mod- ing substances, 2.5 million pounds of went down in the committee when he est model project at the Capitol power- toxins that damage the reproductive had the gavel. plant showing that we can, in fact, re- system, and 6.8 million pounds of tox- I say it is economic blackmail for duce the carbon emissions of coal. ins that harm the development of chil- communities that are losing a military These are all bipartisan amendments. dren. base. It chooses an energy project over Senator INHOFE tried to get a similar In California, communities that bor- any other project they might want. I amendment to the one he is now pro- der refineries and chemical plants have say to my colleagues, if they look at posing through the committee. When high concentrations of childhood asth- what these refiners are making, how he controlled the gavel, he couldn’t ma. We should be working to make the well they are doing, we don’t need to even get it out of the committee then, air cleaner, not worse. give them any more incentives. let alone now. So it gives to the oil Let me review what I have said so I want to tell my colleagues a story companies, when they were taken care far. This amendment has a name, and I about my State. Shell Oil owned a re- of in the Energy bill of 2005. am going to read you the name of this finery in Bakersfield, CA. We all sup- I am going to tell my colleagues amendment. The title of this amend- ported that refinery. It made 2 percent what we did for them in 2005. The 2005 ment is the Gas Petroleum Refinery of the gasoline for the cars in Cali- Energy bill has a provision, which is Improvement and Community Em- fornia. Shell Oil announced they were section 392, that allows States to re- powerment Act. I ask, how is a commu- shutting down the refinery. We begged quest EPA to work with them and nity empowered by this amendment? them not to shut it down. Here is what enter into an agreement under which The idea is to allow these new energy they said to us in writing: We are los- EPA and the State will identify steps, plants to go on Federal land that has ing money, and we are shutting it down including timelines to streamline the been surplused. In California, we have because we can’t find a buyer. consideration of Federal and State en- had a lot of these lands, and, by the Lies, those were lies. How do I know vironmental permits for a new refin- way, some of them have been redevel- that? Because we were fortunate ery. Interestingly, even though this oped in the most wonderful way. Ev- enough to have an attorney general of legislation exists, EPA said before my erybody is equal. There are no winners California, at that time it was Bill committee in October—actually, it was and losers. Here we are picking a win- Lokyer, who saw the books. The refin- before Senator INHOFE’s committee be- ner, and the winner is one of the most ery was making a lot of money. We be- cause he was chair at that time—that polluting industries in America. They lieve Shell Oil wanted to shut it down no State had asked EPA to use that get the land free, and the community is because they wanted to squeeze the provision of the law. So they got a left without anything. The Federal supply—squeeze the supply. Guess what

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7585 else. When we caught them on that, This is a big kiss to the oil compa- It is important this amendment be they said: Oh, we are sorry, we made a nies and the energy companies. This is adopted. It does address a critical need mistake; we still can’t sell the refin- a major hug. It would be better if we in this country, and that is for more re- ery. took this up on Valentine’s Day. Well, finery capacity and the need in a lot of We found buyers for the refinery. The count me out. I hope there is a re- places, areas affected by base closure attorney general made sure they adver- sounding ‘‘no.’’ We don’t know the and Indian reservations, for economic tised. They sold that refinery, and that cost. It is not told in this amendment. development. refinery is up and running. We don’t know the impact on the peo- There are a lot of items this amend- So we are going to give away to re- ple. It certainly is not told in this ment would accomplish. It is impor- fineries, to energy companies in this amendment. It picks winners and los- tant to point out that over the past 30 bill—this amendment is all they could ers on Federal land. It doesn’t protect years, the petroleum industry has not ever dream for. They don’t have to pay our people. added a single new oil refinery in the attention to the Clean Air Act, the Madam President, I yield the floor United States. The American public, I Clean Water Act, or the Safe Drinking and reserve the remainder of my time. think, would find it startling that the Water Act. If my colleagues vote for I suggest the absence of a quorum. largest petroleum consumer in the this amendment, they are voting to The PRESIDING OFFICER. The world hasn’t seen one new refinery in open the checkbook to hundreds and clerk will call the roll. the past three decades, which has cre- hundreds of billions of dollars. It could The legislative clerk proceeded to ated a devastating bottleneck in the be as high as a trillion dollars. Who call the roll. delivery of transportation fuels to knows how many of these people will Mrs. BOXER. Madam President, I ask American consumers. take advantage of this opportunity. unanimous consent that the order for Fortunately, the Senate has an op- What do we get? We get sick kids be- the quorum call be rescinded. portunity through this amendment to cause this will waive all these environ- The PRESIDING OFFICER. Without address that issue which is squeezing mental protections. And they are giv- objection, it is so ordered. very hard the wallets of hard-working Mrs. BOXER. I ask that the time be ing away to those who have. Americans across the country. I want to read again the amount of equally divided on that quorum call. Amendment No. 1505, which is pend- The PRESIDING OFFICER. Without money some of these executives have ing before the Senate, would enact im- objection, it is so ordered. made. Valero Energy, the top executive portant measures to boost domestic re- The Senator from South Dakota. fining capacity and provide certainty in 2005, William Greehey, took home Mr. THUNE. We are not in a quorum $95.2 million. This is one person, for the industry and the public. call? First, the amendment would set folks—$95.2 million. Occidental Petro- The PRESIDING OFFICER. We are deadlines for refinery permit approval. leum chief Irani took home $81 million not in a quorum call. in 2006. Oh, these poor people. Their Mr. THUNE. Madam President, I For too long, proposed refinery businesses aren’t doing good enough. wish to speak, if I may, to the amend- projects have met slow deaths due to We have to give them more. We have to ment offered by my colleague from endless delays in the bureaucratic per- mit process. make life easier for them. Oklahoma, Senator INHOFE. It is impor- Second, this amendment would pro- What about the people who pay at tant that in this whole debate on the vide States with much needed tech- the pump? That is why the underlying bill that we talk about the solutions nical and financial resources to assist bill is so good because it has MARIA that are important to this country’s in refinery permitting. The process of CANTWELL’s antigouging law. By the independence today on foreign energy refinery siting is time-consuming, way, the President has said he doesn’t and the need to get away from that and complicated, and financially straining like the antigouging law. He might become energy independent and lessen on State budgets that are already have to veto this entire bill. That our dependence on foreign energy and shows you where people stand around stretched thin. that we also talk about actions we can This amendment also protects States here. Republicans want to give away to take that will lower energy costs for the oil companies, to the refiners, to rights by giving individual States the people in this country. opportunity, as I said earlier, to opt in the energy companies, and take away I appreciate the fact that the under- to a refinery permitting program. Con- clean air protections from the people, lying bill has a number of provisions in trary to what the opponents are say- take away land from the taxpayers, it that are good. There are provisions ing, there are no mandates in this leg- taxpayers’ money to fund these in the bill I will be supporting. I have islation. Participating States can vol- projects. Count me out, and I hope a series of amendments I will be offer- untarily request the Environmental count out the vast majority of the peo- ing that will improve the availability Protection Agency to coordinate all ple here. of renewable energy in this country. You can put any face on it. One thing I also wish to speak in support of permits for construction or expansion that gets me is how the Republican amendment No. 1505 because I believe of a refinery. The importance of expanding refinery side is supposed to be so fiscally re- fundamentally it would greatly im- capacity to provide affordable and reli- sponsible. Let’s look at the last page of prove our Nation’s stagnant oil refin- able supplies of transportation fuel this amendment. They will tell you ing industry, boost the development of cannot be overstated. I want to show a now how much they are going to pay coal-to-liquid technology, and accel- chart of something that was printed in for this bill. It is on the last page of erate the development of the next gen- BusinessWeek on May 3, 2007. This is this amendment. Here it is: ‘‘Subtitle eration of biofuels. E—Authorization of Appropriations. As to the underlying amendment what they said: There are authorized to be appro- talked about by my colleague from Because of high costs and a lack of public priated such sums as are necessary to support, refiners haven’t built an entirely California, first, there are no mandates new plant since 1976. While they have been carry out this’’ amendment. in this bill. These are things the State expanding existing plants, the industry isn’t What does that mean? I already told can do. They can opt into this. Obvi- keeping pace with growing demand. my colleagues it costs $4 billion to ously, the incentives in this amend- I would also like to show another build one of these energy plants—just ment do not go to oil companies, they chart of something that was printed re- one. It is 100 percent Federal pay on In- go to State and local governments. cently in the Wall Street Journal, and dian land plus 10 percent on top of it, Frankly, this is an important point, it said this: and 88 percent is the minimum number that this is directed to areas that have The causes of higher gas prices include $65 on Federal land that is not Indian land. been affected by base closures and also per barrel oil caused by rising global demand You get the land, you get the cost back Indian reservations, which in my State and geopolitical tensions; a record high U.S. to build the plant, you get to waive all are desperately in need of economic de- gasoline consumption of 380 million gallons a the environmental laws, and you get a velopment. This is the type of eco- day; and refined gasoline shortages caused streamlined process, which they al- nomic development that will fit very by Congressional rules and mandates. ready have the ability to get under the well in a lot of places in South Dakota Now, my constituents know this 2005 Energy bill. that qualify. problem firsthand. Inadequate refining

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7586 CONGRESSIONAL RECORD — SENATE June 13, 2007 capacity has a real impact at the local Exchange Commission to research and to address what is causing that prob- level, and I will give just a little anec- report to Congress on the establish- lem. dotal evidence here from South Da- ment of a renewable reserves classifica- As I said earlier, I will be offering a kota. tion system for cellulosic biofuels feed- number of amendments that will in- For the past month and a half, sev- stocks in the United States. crease and advance the production of eral key gasoline terminals in my The idea of a renewable reserves clas- biofuels energy in this country because home State of South Dakota were lit- sification system was first discussed I believe so profoundly in its impor- erally out of gasoline for multiple days during an Agriculture Energy Sub- tance as part of our energy supply. But at a time. Widespread outages were re- committee hearing I held in Brookings, this particular amendment is critical portedly caused by limited supplies due SD, earlier this year. An expert witness as well because it addresses a funda- to refinery shutdowns and routine re- from Ceres, Inc., an industry leader in mental problem that exists in America pairs in other parts of the country. The the development of transgenic today; that is, a lack of capacity, refin- ripple effects of this gasoline supply switchgrass seed for cellulosic ethanol ery capacity, to make sure enough gas- disruption were felt throughout the en- production, testified that a standard oline is making it to its destination, to tire eastern part of my State. As the means for measuring renewable re- places even as remote as South Da- pipes ran dry and terminals emptied, serves on a per-barrel-of-oil basis kota, so that the people who drive gasoline wholesalers were forced to would greatly incentivize private sec- across my State can have access to af- travel great distances and manage tor investment in the next generation fordable fuel to make sure they can get logistical bottlenecks at the few pipe- of advanced biofuels. to the places they need to get to, and line terminals with available refined The President of Ceres, Inc., Richard that the lack of affordable fuel does product. In the meantime, gasoline Hamilton, describes the renewable not choke our economy by continuing prices soared at the retail level across classification system as: to force us to pay these exorbitant South Dakota, and consumers in my An independent metric by which energy prices for gasoline. State were forced to pay more at the companies, and the market, may measure re- So I support the amendment of the pump. newable reserves in barrel-of-oil equivalents Senator from Oklahoma, amendment The recent events in South Dakota just as they measure proved reserves today. No. 1505, and I urge my colleagues here are a prime example of the need to in- He continues by stating: in the Senate to do so as well. It is im- crease refining capacity in the United A renewable reserves classification system portant for a lot of reasons—because it States. These events also underscore could well be the catalyst America’s tradi- brings economic development to areas the need to move beyond petroleum for tional providers of liquid transportation that really need economic develop- our transportation fuel needs. fuels require to invest in cellulosic biofuels ment, those areas which have been af- technology and may be the Federal Govern- The amendment offered by Senator fected by base closures and Indian res- INHOFE moves our country toward ment’s least expensive way to hurry the cel- lulosic biofuels industry to maturity. ervations—and because my State des- greater energy independence by pro- perately needs that form of economic viding Economic Development Admin- Certainly a proposal that could re- sult in such a dramatic advancement in development and job creation. So I istration grants for infrastructure im- urge my colleagues to support this provements to accommodate cellulosic our biofuels industry is worthy of con- sideration by the Securities and Ex- amendment. ethanol refineries at Base Closure and Madam President, I yield the floor. Realignment Commission sites and In- change Commission and is certainly Mr. INHOFE. Madam President, I dian lands. worthy for inclusion in a bill that calls would inquire as to the time remaining As my fellow Senators are all well for a historic increase in renewable on both sides, please. aware, the underlying bill includes a fuels production. If we are serious renewable fuels standard of 36 billion about advanced biofuels production, we The PRESIDING OFFICER. The Sen- gallons by the year 2022. In order to must consider effective approaches, ator has approximately 9 minutes re- meet this goal, we need to enact poli- such as the amendment offered today maining, and the Democratic side has cies that dramatically increase the de- by my colleague from Oklahoma, that approximately 13 minutes remaining. velopment and production of cellulosic would boost the production of advanced Mr. INHOFE. Madam President, I ethanol. biofuels. would like to go ahead and be recog- By providing EDA grants that sup- This amendment is important be- nized for a few minutes, and I would port cellulosic ethanol production in cause, as I said earlier, it addresses a ask that the Chair stop me when there communities in need of economic de- critical problem and shortage that we is 5 minutes remaining. I would like to velopment, amendment 1505 provides have in America today; that is, a lack remind the other side that our protocol targeted rural and economic develop- of refinery capacity. We need more ca- or system is that the author of the ment and places our biofuels industry pacity. Now, frankly, it would be great amendment should conclude debate, so on course to reach the strengthened re- if the folks I represent in South Da- I would like to have the last 5 minutes. newable fuels standard. kota could get to their destinations by First of all, I look at this and I listen In addition to the EDA grants for cel- walking or riding bikes. Unfortunately, to the arguments from the junior Sen- lulosic ethanol refinery development, we have long distances to cover in my ator from California and I hear the this amendment includes a first-of-its- State. We have to drive automobiles, same things over and over again. Last kind provision that may greatly en- and we have to use fuel to power our night, we debated this at some length. hance private sector investment in re- automobiles. When you have a refinery Every time, she would make a state- newable fuels. This amendment will problem like we have in America ment, and we would respond to the begin to assess our Nation’s renewable today, that limits the amount of gaso- statement. reserves of biomass cellulosic ethanol line that can be shipped through the Let me just put a chart up here. I feedstocks so that the public and en- pipeline to destinations in my State, think it is important for people to real- ergy companies have a realistic under- and that drives the cost of gasoline ize there are some choices. We are not standing of total U.S. renewable re- higher and higher. Because of that willing to add to refinery capacity here serves. Energy companies’ stock prices shortage and because the wholesalers in the United States. We have here the rise and fall depending on their de- have to go to distant places to get it, it refining capacity and the growth of clared proven reserves. This process, adds to the cost of our economy, and that refining capacity from other coun- which has been in place since 1978, pro- that affects the day-in and day-out tries. We have Iran, Iraq, Libya, Nige- vides tremendous incentives for explo- lives of the people in my State of ria, Russia, Saudi Arabia, Sudan, and ration, investment, and development of South Dakota and across this country Venezuela. It is bad enough we are de- new sources of traditional hydro- who have to get to their destinations, pendent upon foreign sources for our carbons. whether it is to work or whether it is ability to run this machine we call This straightforward amendment travel for recreation. The reality is America, but these are not the kinds of builds upon these proven market incen- that we cannot continue to abide $3.50 countries you want to depend on. I am tives by directing the Securities and or $4 a gallon for gasoline, and we need sure Chavez is not real excited about

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7587 helping us refine our oil into some- Mr. INHOFE. Madam President, I ask EDA to help communities that want to thing that can be used for transpor- unanimous consent that the order for set up refineries in their communities. tation. the quorum call be rescinded. Let’s keep in mind, this is not just I would like to cover a couple of the The PRESIDING OFFICER. Without oil refineries. We are talking about oil things the junior Senator from Cali- objection, it is so ordered. refineries but also cellulosic biomass fornia has said, and I know what is Mr. INHOFE. Madam President, it is refineries, we are talking about coal- going to happen: As soon as I do this, my understanding there will be equal to-liquid refineries—all refineries to she will come back and say the same time taken from each side in this case, give us the availability of fuels for the things over again, because we have so I would invite the majority to come transportation this country needs. heard these same arguments. in and make their remarks and would If we do not have that, the price of First of all, she says it is a disastrous appreciate it; otherwise, I would be de- gas at the pump is going to continue to amendment because it is a taxpayer nied my opportunity to close debate on go up. I suggest this is going to be the giveaway to the oil companies; we my amendment. critical vote, in terms of energy, for don’t have to give away the store to In the meantime, I ask unanimous this entire legislative session. It is the oil companies. Well, the fact is that consent that during the quorum call, going to come back to haunt a lot of no money goes to any oil companies or, the time be taken from the other side. people in 2008. I know the Democrats in fact, to any corporations in any way The PRESIDING OFFICER. In my are generally much more disciplined whatsoever. The only funding of the role as a Senator, I will object. than the Republicans are. They will bill is financial and technical resources Mr. INHOFE. Madam President, I un- say you have to vote against this to a State or tribal department of envi- derstand what is customary; I am just amendment, make up things such as ronmental quality or funds to an eco- saying that we are entitled to close de- you are helping oil companies, which nomically distressed community af- bate. you are not. Whatever the case is, the fected by BRAC. Apparently, the Senator from Cali- bottom line is they are going to be tak- Let us keep in mind, when we talk fornia is not going to allow me to close ing away our ability to increase the about BRAC and Indian tribes, we have debate. So let me just say for a few supply of gasoline to run our cars with- a lot of BRAC sites, and I can remem- minutes here that I was going to go in America. This will be a major issue ber Members standing on the floor say- through every argument the Senator in the 2008 campaigns. I encourage peo- ing, during the base realignment and from California has made. ple to do something about this problem closure process: They are going to be For example, first of all, I already did and to vote for the Inhofe amendment closing some of the military installa- the first one where she talks about sub- expanding our refining capacity. tions in my State. Well, what is a log- sidizing oil companies. No corporation I yield the floor. ical thing you can do to replace the in America is being subsidized by this. The PRESIDING OFFICER (Mr. economic loss of a closed facility? It is She said also, we don’t want to become CASEY). The Senator from New Mexico. to put—if we can encourage the local a China, where they do not care about Mr. BINGAMAN. Mr. President, I ask community to do it—a refinery there. the people and how they suffer. We that I be allowed to use 3 minutes from You don’t have to clean it up to the don’t want to go there. Politicians are the time of the Senator from Cali- same standards you would have to prone to hyperbole, but the junior Sen- fornia. clean it up otherwise. It is a logical ator from California has reached a new The PRESIDING OFFICER. Without thing. So those people who want coal- level. Nowhere in this bill or any other objection, it is so ordered. to-liquids and commercial-scale cel- I would consider would I seek to make Mr. BINGAMAN. Mr. President, I lulosic ethanol facilities can have the United States similar to China. would like to speak briefly against the them. By the way, talking about China, one Inhofe amendment. I do believe there It does authorize the EPA to initiate of the problems we are having right are several substantial problems with a new emissions control demonstration now is that while we do not have the it. First of all, the underlying assump- project, but it doesn’t offer the oil refining capacity, they do. While we tion is that the reason we do not have companies anything. are not building generating plants, enough refining capacity in this coun- The lack of sufficient refinery capac- they are. While we have gone 15 years try is we cannot find places to put re- ity in the United States is why we are without adding a new coal-fired gener- fineries. That is not the reality. We experiencing high prices today. I think ating plant in the United States, China have had various hearings in the En- it is inconceivable that any Member of is cranking out one every 3 days. ergy Committee. The companies that this body would come in and deny us, The argument that was made was are engaged in refining oil into gaso- the United States, the right to expand American families who want their line and other products are not short of our refinery capacity to do something health protected do not want us to places to put those refineries. They about the supply problem we have and waive every single environmental law look at a whole variety of issues—the then turn around and say: Well, we that protects the quality of the air economics in particular—to determine don’t want to be dependent on foreign they breathe inside their bodies. They whether to build new refineries or ex- countries for our ability to run this also do not want to waive any single pand refining capacity. It is not a fail- machine called America. environmental law. We are not doing ure to have a BRAC military base or a In this bill, in the underlying Energy that. We are not waiving any environ- failure to have an Indian reservation bill, without this amendment, we don’t mental laws with this bill. they can put these on. really address the problem today. We Let me tell you something that is se- The other thing is location. They talk about the future, and we talk rious. I warn people right now, this is need to locate refineries where the about conservation. This is good, and going to be considered to be maybe the pipelines are. They need to locate re- we want to do this. We talk about most significant vote in the 2008 elec- fineries where the demand is. Clearly, standards for automobiles and all that. tions. For people to say we do not want that is not contemplated as part of this But people in my State of Oklahoma America to have refining capacity as well. want to do something about the $3 a when we have a bill that will allow Another part that concerns me great- gallon for gasoline right now that is them to have the refining capacity and ly is the notion that we would be mak- there. increase the supply—the old theory of ing grants to support these projects The PRESIDING OFFICER. The Sen- supply and demand still works—those which exceed the cost of the projects. ator has 5 minutes remaining. people who will vote against this will That strikes me as very unusual. In the Mr. INHOFE. With that, I retain the forfeit your right to complain about underlying bill, we do have some lien remainder of my time, and I suggest the dependency on foreign oil. This is programs, where the Government will the absence of a quorum. going to be a major, maybe the major step in and guarantee 80 percent of the The PRESIDING OFFICER. The campaign issue of the 2008 cycle. loan that is required to build a project, clerk will call the roll. I suggest we spent a lot of time on for example. We do not have anything The legislative clerk proceeded to this bill. We do not have any money similar to the provisions that are in call the roll. going to oil companies. We do allow the this bill, which say the Federal share

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7588 CONGRESSIONAL RECORD — SENATE June 13, 2007 for an EDA grant, under this program, ment, job creation, and alternative fuel FEINSTEIN in a way that suggested she shall be 80 percent of the project cost, that is going to help deliver competi- supports his amendment. He kept reit- assuming that the project is not on In- tion at the pump for fossil fuel. erating a statement she made about dian land, and it will be 100 percent of In my State, a new biodiesel facility streamlining which had nothing to do the project cost if it is on Indian land, was undertaken and has been in the de- with this amendment. and, by the way, there can be an addi- velopment stages. I think they will ac- Senator FEINSTEIN has told me she tional award in connection with the tually be producing and exporting that opposes the Inhofe amendment. I think grant to the recipient of an additional product sometime this year. They are it is important that I make that point. 10 percent on top of that. going to produce 100 million gallons of All you have to do is look at the title How it benefits the American tax- biodiesel in this next year—20 years, 12 of this amendment: The Gas Petroleum payer to pay 110 percent of the cost of months. That is more capacity of bio- Refiner Improvement and Community one of these refineries I cannot see. So diesel than was produced in the whole Empowerment Act. You ask yourself: I think the amendment is flawed in United States from a variety of OK. What are we giving the gas petro- several respects. sources. leum refiners that they do not have Obviously, we all want to see addi- This is a very aggressive effort of right now, that they did not get in the tional refining capacity built. I think building alternative fuel refineries. 2005 Energy bill, when they got all what we need to be sure of is that the Let’s be honest, God only gave the kinds of streamlining and everything regulatory regime in place is such that United States 3 percent of the world’s they wanted and all kinds of money it encourages and provides an incentive oil reserves, so the notion that some- and all kinds of grants and the rest? for the companies that are in the refin- how we are going to drill our way with This is a giveaway to the people who ing business to build that additional fossil fuel to get off this foreign oil ad- are gouging us at the pump. That is the refining capacity. It is not efficient to diction is not going to happen. But we first point. Yes, life will improve for say we, the Federal Government, are do not have to throw out our environ- gas petroleum refiners, who have it going to finance 100 percent of a mental laws to produce alternative very good. project to an Indian tribe and they are fuel. We are in the process of doing al- Now, let’s take the second part, the going to go into the refining business; ternative fuel. Community Empowerment Act. Your or we, the Federal Government, are If someone wants to meet all the en- communities and mine and the commu- going to provide 80 percent plus 10 per- vironmental standards and build a new nities in Washington State and, frank- cent, or 88 percent of the cost to some fossil fuel refinery, I am not opposed to ly, in Oklahoma and all over this coun- kind of local municipality and they are that, but I want people to be aware try, I believe those communities will going to go into the refining business. that this is what is at the heart of this be hurt by this bill because it says That is not going to happen. amendment, to throw out these envi- there will be a giveaway to energy I urge my colleagues to oppose the ronmental values that everybody else companies, a giveaway of taxpayer- amendment. in America wants to live by if they owned land, former BRAC land, former I yield the floor and reserve the re- want to have economic development. federally owned lands that are now in mainder of Senator BOXER’s time. Why should the oil industry receive the BRAC procedure. I suggest the absence of a quorum. this particular privilege of waiving en- A lot of communities want to sell The PRESIDING OFFICER. The vironmental statutes, just to have that these lands. They want to use these clerk will call the roll. benefit? lands for economic development. They The legislative clerk proceeded to Let’s keep in mind that alternative have plans for these lands, and yet this call the roll. fuels are making those commitments, particular project of building an energy Ms. CANTWELL. Mr. President, I ask meeting those environmental stand- plant would take precedence over local unanimous consent the order for the ards, and have produced 140—either un- control. It is Federal control from quorum call be rescinded. derway today or in the process, Washington. The PRESIDING OFFICER. Without through the permit process—to develop I call this a socialistic amendment. objection, it is so ordered. 140 new alternative fuel refineries. Why do I say it is a socialistic amend- Ms. CANTWELL. Mr. President, I That is progress in America and we ment? It gives these big companies free rise to speak against this amendment. should keep going. But we do not need land, and then it pays for the building I have been listening to the debate. this amendment to do that. of their energy plants. Can you imag- While I think it is very important we I ask unanimous consent that there ine this? I see the chairman of the move forward in our country on a new be 6 minutes equally divided for de- Budget Committee coming on the energy policy and new direction, I bate, with Senator INHOFE controlling floor. I want to tell him one thing think we must do so in a safe, respon- the final 3 minutes. about this amendment because yester- sible way. That is, whatever we are The PRESIDING OFFICER. Without day he talked to us Democrats in the doing, we need to keep our environ- objection, it is so ordered. Democratic caucus. I hope he doesn’t mental laws and processes in place: the Mrs. BOXER. Mr. President, I was mind if I say he really told us to use Clean Water Act, the Clean Air Act, confused about the time. If I may make caution on these amendments. the Safe Water Act, the Conservation a parliamentary inquiry before my What are they going to cost? Let me Resource and Recovery Act—all the time proceeds: I thought I had 9 min- read to my friends the last line of this things that are very important to our utes left on my side; is that not the amendment: There are authorized to be country and to our environment. case? appropriated such sums as are nec- The PRESIDING OFFICER. The Sen- I think we are hearing a lot about re- essary to carry out this title and the finery and refinery capacity. It re- ator now has 6 minutes. Mrs. BOXER. I have 6 minutes. OK. I amendments made. Now, we found out minds me of the electricity crisis we hear you. today, by asking the industry, how had in the West, starting in 2000–2001, Mr. INHOFE. Parliamentary inquiry. much one of those plants will cost. when everybody blamed it on the fact The PRESIDING OFFICER. The Sen- The plant on Indian land—I know my the environmental laws stopped the ator from Oklahoma. friend is interested in that—would be ability to produce supply. When all was Mr. INHOFE. It is my understanding reimbursed or given or paid for 110 per- said and done, we found out it wasn’t there was a unanimous consent agree- cent of the cost of the plant in Federal that; in fact, it was actually the ma- ment giving us 6 minutes equally di- tax dollars, $4 billion; the cheapest, $3 nipulation of supply. So I think it is vided, myself having the last 3; is that billion. That is one plant, not paid for very important we move forward on correct? here. new refinery capacity. In fact, in the The PRESIDING OFFICER. There is So I call it a socialistic amendment. last several years, there have been al- an additional 3 minutes for each side. You get the Federal taxpayer land, and most 140, either built or in the process Mrs. BOXER. An additional 3, so I then you get Federal taxpayer money of being built, new ethanol refineries. would have 6, you would have 3. to build your plant. And, by the way, So they have had no trouble moving Mr. President, yesterday Senator all big environmental laws are waived. ahead, planning new economic develop- INHOFE repeatedly quoted Senator How does that help a community, Mr.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7589 President? Picking a winner, telling able to take care of problems, maybe Mr. INHOFE. Mr. President, I ask them that priority has to be given to an economic problem that is due to the unanimous consent that Senator these sorts of plants, and, by the way, fact that they had to close a military CORNYN and Senator HUTCHINSON be in case communities were concerned base during the base realignment and added as cosponsors of my amendment. that the quality of the air might go closing process, we should be in a posi- The PRESIDING OFFICER. Without down because they are near a refinery, tion to help. objection, it is so ordered. this bill conveniently takes care of I never stated that Senator FEIN- Mr. INHOFE. Mr. President, I ask for that problem by waiving the Clean Air STEIN—with endorsing this bill, she will the yeas and nays. Act, the Safe Drinking Water Act. be a good Democrat and oppose it with The PRESIDING OFFICER. Is there a They say States can pass equivalent her junior Senator. I will say this. She sufficient second? laws. But there is no reason that we said she recognizes we have a serious There appears to be a sufficient sec- should do that in America today. We problem about having a refining capac- ond. have one Clean Air Act, we have one ity in this country, and about—I will The clerk will call the roll. Safe Drinking Water Act, we have one just read it to you from her own press The legislative clerk called the roll Clean Water Act, and there is a reason: release: Today I urged Governor Mr. DURBIN. I announce that the Water travels, air travels. Schwarzenegger to help streamline the Senator from South Dakota (Mr. JOHN- Republican Presidents and Demo- refining permit process in an effort to SON) is necessarily absent, cratic Presidents alike decided—and it relieve gas prices in the State. Mr. LOTT. The following Senators really started under Richard Nixon— All right. She says we have to relieve are necessarily absent: the Senator that we must protect the air and the gas prices by streamlining the process. from Oklahoma (Mr. COBURN), the Sen- water. This act gives everything away That is exactly what happens in this ator from Nebraska (Mr. HAGEL), and that taxpayers have, including the pro- amendment. We want that to happen. the Senator from Arizona (Mr. tection of clean air, including their For anyone to suggest that there is MCCAIN). funding. anything in here that would hurt the The PRESIDING OFFICER. Are there Now, this particular vote is very im- environment, here we have the Envi- any other Senators in the Chamber de- portant for people who care about ronmental Council of States—that is siring to vote? clean air and clean water. I assume we all States—saying there is nothing in The result was announced—yeas 43, all do. We all talk about it. We all say here that will hurt the environment. It nays 52, as follows: it is important. In my home State I will actually help the environment. [Rollcall Vote No. 210 Leg.] lose in excess of 9,000 people every year The Senator also said the Clean Air YEAS—43 Act is going to be damaged, when, in because of particulate matter. I will Alexander Dole McConnell not allow—I say this with all humility; fact, the underlying bill has language Allard Domenici Murkowski it is not a show of power—something to that would take the fuels system out Bennett Ensign Roberts get through this Senate that would, in from under the EPA and the Clean Air Bond Enzi Sessions Brownback Graham Shelby essence, make the air worse, the drink- Act and put it in the President’s power. Bunning Grassley So we have all of these letters. Here Smith ing water worse. I cannot let this go Burr Gregg Specter while taking dollars out of the pockets is another one from Ceres, a big com- Chambliss Hatch Stevens Cochran Hutchison pany in California that is a company Sununu of hard-working Americans, to give to Coleman Inhofe Thune whom? The biggest energy companies that needs to have refining capacity. Corker Isakson Vitter in the country. They do not touch oil. It is all cel- Cornyn Kyl Voinovich Let me read to you what some of lulosic bioethanol. They want to have Craig Lott Crapo Lugar Warner these companies made in the last cou- this capacity. DeMint Martinez ple of years: Exxon, $39 billion; Shell, So the environmentalists, many of $25 billion; BP, $22 billion; Chevron, $17 them are very much for this. It is a NAYS—52 billion; ConocoPhillips, $15.6 billion. very strong bill. It goes right back to Akaka Feingold Nelson (FL) Some of these companies earned 21 the initial argument of supply and de- Baucus Feinstein Nelson (NE) Bayh Harkin Obama percent more than the year before, and, mand. We have got some good things in Biden Inouye Pryor by the way, the year before that they this bill that are coming up. It is not Bingaman Kennedy Reed earned 40 percent more. affecting today’s supply. All of the pro- Boxer Kerry Reid Brown Klobuchar Let’s take a look at what some of the duction in the world is fine, but we are Rockefeller Byrd Kohl Salazar executives have earned. I would ask not going to be able to do anything Cantwell Landrieu Sanders Cardin Lautenberg how much time remains? with that production unless we are able Schumer Carper Leahy The PRESIDING OFFICER. The Sen- to refine it. That is exactly what we Snowe Casey Levin ator’s time has expired. are talking about now. Clinton Lieberman Stabenow Mrs. BOXER. Let’s not give more to I honestly believe every argument Collins Lincoln Tester these people who are gouging us at the the Senator from California has put up Conrad McCaskill Webb Dodd Menendez Whitehouse pump. Vote no on this amendment. we have responded to over and over and Dorgan Mikulski Wyden The PRESIDING OFFICER. The Sen- over again. She keeps coming back Durbin Murray ator from Oklahoma is recognized. with the same argument. NOT VOTING—4 Mr. INHOFE. Mr. President, I under- I believe anyone who votes against stand that we have 3 minutes remain- the Inhofe amendment to the Energy Coburn Johnson Hagel McCain ing to close debate on my amendment. bill should forfeit their right to com- I have a hard time keeping a straight plain about the dependency on foreign The amendment (No. 1505) was re- face when the Senator from California oil between now and the next election. jected. suggests I have a socialistic amend- I will say this also. I am glad to say Mrs. BOXER. I move to reconsider ment. I would invite anyone who is en- this on the Senate floor because this the vote. tertaining any kind of joy in that way you cannot say we did not tell Mr. REID. I move to lay that motion statement to look at our record over you. This is going to be one of the on the table. the past many years. It is just humor- major issues in the upcoming 2008 elec- The motion to lay on the table was ous. tion as to whether you want to in- agreed to. We have gone through listening to crease our refining capacity to lower The PRESIDING OFFICER. The ma- the same thing over and over and over the price of gas in the United States of jority leader is recognized. again. We went through this yesterday America. This is a chance to do it. I AMENDMENT NO. 1537 TO AMENDMENT NO. 1502 for hours at a time. The Senator from urge you to support the Inhofe amend- (Purpose: To provide for a renewable California talks about subsidizing oil ment to the Energy bill. portfolio standard) companies. Again, not one cent goes to The PRESIDING OFFICER. All time Mr. REID. Mr. President, I send an any oil company. If we want to em- has expired. The question is on agree- amendment to the desk on behalf of power cities and communities to be ing to the amendment. Senator BINGAMAN.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7590 CONGRESSIONAL RECORD — SENATE June 13, 2007 The PRESIDING OFFICER. The Senator SNOWE, Senator DURBIN, Sen- wherewithal to deal with this issue in a clerk will report the amendment. ator BOXER, Senator LIEBERMAN, Sen- constructive way through the antitrust The legislative clerk read as follows: ator SCHUMER, Senator SANDERS, and laws. The Senator from Nevada [Mr. REID], for myself. Regrettably, the history of litigation Mr. BINGAMAN, proposes an amendment num- The thrust of this amendment is to in this field has allowed OPEC nations bered 1537 to amendment No. 1502. make the OPEC nations—which have to avoid antitrust liability by asserting (The amendment is printed in today’s conspired to limit production—subject the doctrine of sovereign immunity. In RECORD under ‘‘Text of Amendments.’’) to our antitrust laws. What we have, the decision of International Associa- The PRESIDING OFFICER. The Re- simply stated, are a group of oil-pro- tion of Machinists v. OPEC, the U.S. publican leader. ducing nations, that get together that District Court for the Central District AMENDMENT NO. 1538 TO AMENDMENT NO. 1537 make agreements to limit production. of California held that OPEC activity (Purpose: To provide for the establishment of Inevitably, by limiting the production was ‘‘governmental activity’’ rather a Federal clean portfolio standard) of oil, and thereby limiting supply, the than ‘‘commercial activity’’ and there- Mr. MCCONNELL. Mr. President, on price goes up. The limited supply of oil fore was not subject to the U.S. anti- behalf of Senator DOMENICI, I send a is the major contributing factor to trust laws. second-degree amendment to the desk. high gasoline prices. It is high time we On appeal, the Ninth Circuit affirmed The PRESIDING OFFICER. The acted on this matter. the district court’s dismissal, holding clerk will report the amendment. The Judiciary Committee has ap- that the ‘‘act of state’’ doctrine pre- The legislative clerk read as follows: proved this legislation on four occa- cluded the court from exercising juris- The Senator from Kentucky [Mr. MCCON- sions, most recently on May 22 of this diction in the case. The ‘‘act of state’’ NELL], for Mr. DOMENICI, for himself, Mr. year. In the 109th Congress, the legisla- doctrine precludes a federal court from CRAIG, Mr. BENNETT, Mr. CRAPO, Mr. tion was passed out of the Judiciary hearing a case that requires it to rule GRAHAM, and Ms. MURKOWSKI, proposes an Committee in which I was the chair, on the legality of the sovereign acts of amendment numbered 1538 to amendment and it was included in the Energy Pol- a foreign nation. No. 1537. icy Act of 2005, but it did not survive Well, those rulings are matters which (The amendment is printed in today’s conference. can be changed by legislation. The leg- RECORD under ‘‘Text of Amendments.’’) Senator KOHL and I and the other islation to make this change, I submit, The PRESIDING OFFICER. The Sen- sponsors intend to ask for a rollcall is fundamental and very much in our ator from New Mexico. vote, which I think a substantial num- national interest and ought to be un- Mr. BINGAMAN. Mr. President, I ask ber of Senators will vote for the dertaken. unanimous consent that Senator REID amendment. I hate to predict things in The lawsuits would have to be initi- of Nevada, Senator SALAZAR, and Sen- this body, but I think the vote will be ated, under our proposed legislation, by ator CARDIN be added as cosponsors to substantial, and I think that ought to the Department of Justice. As a result, my amendment that was recently sent carry very substantial weight in con- the Administration would provide a to the desk. ference. check on when to initiate a suit, avoid- The PRESIDING OFFICER. Without The facts on the current price of gas- ing diplomatic disputes. But it is a fact objection, it is so ordered. oline are very troublesome. The high we have deferred too long to the prac- Mr. BINGAMAN. Mr. President, I see price of oil drives up other prices. The tices of Saudi Arabia and practices of the Senator from Pennsylvania is in statistics are worth noting with par- the OPEC oil nations out of fear of ret- the Chamber. I know he wishes to ticularity. The price of crude oil ribution, and we ought not to kowtow speak on another matter. I ask him reached $65 a barrel yesterday. Ameri- to them anymore. how long he will need to speak, and cans are paying an average of $3.06 for The possibility of subjecting the maybe we could defer to him to make a gallon of gasoline. Consumers are OPEC nations to antitrust liability has whatever statement he wanted. paying more for products because long been an interest of mine. I wrote The PRESIDING OFFICER. The sen- American companies are paying more to President Clinton on April 11, 2000, ior Senator from Pennsylvania. to run their factories, which require urging the administration to file suit Mr. SPECTER. Mr. President, I in- the consumption of energy. Consumers in the Federal court under the anti- tend to speak on an amendment which are also paying more for products they trust laws in an effort to overturn the has been filed and I thought would be buy that have been shipped by train or previous decisions, which I think were offered at the present time, but Sen- truck from somewhere else. Plane wrongly decided. ator KOHL, the principal sponsor, wish- fares, bus tickets, cab fares often in- I ask unanimous consent that the es to offer it tomorrow. But I intend to clude significant fuel surcharges. text of this letter be printed in the speak on my amendment, and I would Economists have estimates that for RECORD at the conclusion of my com- like 15 minutes. every $10 increase in the price of oil, ments. Mr. BINGAMAN. Mr. President, I our economic growth falls by a half a The PRESIDING OFFICER. Without know Senator REED from Rhode Island percent. Our economy grew only by 0.6 objection, it is so ordered. also would like to speak for 15 minutes percent in the first quarter of this (See Exhibit 1.) on the bill. year—the slowest growth rate since Mr. SPECTER. Mr. President, then I Mr. REED. Yes. 2002. I believe a fair amount of that lag wrote to President Bush on April 25, Mr. BINGAMAN. Mr. President, why in economic growth can be attributed 2001, with a similar request, that litiga- don’t we have that be the order then: to the high price of oil. tion be initiated by the administration the Senator from Pennsylvania have 15 For decades, the OPEC members have to hold OPEC nations liable under the minutes on his amendment, which is conspired to manipulate oil prices antitrust laws. not pending but which he intends to through production quotas that limit Again, I ask unanimous consent that offer later, and then Senator REED on the number of barrels sold. OPEC again the text of that letter be printed in the the bill. appears to be poised to manipulate oil RECORD at the conclusion of my re- The PRESIDING OFFICER. The Sen- prices by limiting supply. marks. ator from Pennsylvania. The Secretary General of OPEC, The PRESIDING OFFICER. Without Mr. SPECTER. Mr. President, I Abdullah al-Badri, recently threatened objection, it is so ordered. thank the Senator from New Mexico. to cut investment in new oil produc- (See Exhibit 2.) AMENDMENT NO. 1519 tion in response to plans announced by Mr. SPECTER. We have the author- Mr. President, I have sought recogni- the United States and other Western ity to change the laws. We have a re- tion to speak on an amendment which countries to use more biofuels. He sponsibility to protect American con- has been filed, amendment No. 1519, warned that cutting investment in new sumers from these predatory practices, which has an impressive list of spon- production would cause oil prices to from these conspiracies in restraint of sors: Senator KOHL, Senator LEAHY, ‘‘go through the roof.’’ trade, these cartels. I urge my col- Senator GRASSLEY, Senator BIDEN, Well, we do not have to tolerate leagues to take a close look at the leg- Senator COBURN, Senator FEINGOLD, threats of that sort. We have the islation.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7591 As I noted earlier, the amendment not the nations which comprise OPEC are In addition to such domestic antitrust ac- will be formally offered tomorrow. engaging in ‘‘commercial activity’’ or ‘‘gov- tions, we believe you should give serious con- I thank the Chair, yield back the re- ernmental activity’’ when they cooperate to sideration to bringing a case against OPEC mainder of my time, and yield the sell their oil. If they are engaging in ‘‘gov- before the International Court of Justice ernmental activity,’’ then the FSIA shields (the ‘‘ICJ’’) at the Hague. You should con- floor. them from suit in U.S. courts. If, however, sider both a direct suit against the con- EXHIBIT 1 these nations are engaging in ‘‘commercial spiring nations as well as a request for an ad- U.S. SENATE, activity,’’ then they are subject to suit in visory opinion from the Court through the Washington, DC, April 11, 2000. the U.S. The California District Court held auspices of the U.N. Security Council. The President WILLIAM JEFFERSON CLINTON, that OPEC activity is ‘‘governmental activ- actions of OPEC in restraint of trade violate The White House ity.’’ We disagree. It is certainly a govern- ‘‘the general principles of law recognized by Washington, DC. mental activity for a nation to regulate the civilized nations.’’ Under Article 38 of the DEAR MR. PRESIDENT: In light of the very extraction of petroleum from its territory by Statute of the ICJ, the Court is required to serious problems caused by the recent in- ensuring compliance with zoning, environ- apply these ‘‘general principles’’ when decid- crease in oil prices, we know you will share mental and other regulatory regimes. It is ing cases before it. our view that we should explore every pos- clearly a commercial activity, however, for This would clearly be a cutting-edge law- sible alternative to stop OPEC and other oil- these nations to sit together and collude to suit, making new law at the international producing states from entering into agree- limit their oil production for the sole pur- level. But there have been exciting develop- ments to restrict oil production in order to pose of increasing prices. ments in recent years which suggest that the drive up the price of oil. The 9th Circuit affirmed the District ICJ would be willing to move in this direc- This conduct is nothing more than an old- Court’s ruling in Int. Assoc. of Machinists in tion. In a number of contexts, we have seen fashioned conspiracy in restraint of trade 1981 (649 F.2d 1354), but on the basis of an en- a greater respect for and adherence to funda- which has long been condemned under U.S. tirely different legal principle. The 9th Cir- mental international principles and norms law, and which should be condemned under cuit held that the Court could not hear this by the world community. For example, we international law. case because of the ‘‘act of state’’ doctrine, have seen the establishment of the Inter- After some considerable research, we sug- which holds that a U.S. court will not adju- national Criminal Court in 1998, the Inter- gest that serious consideration be given to dicate a politically sensitive dispute which national Criminal Tribunal for Rwanda in two potential lawsuits against OPEC and the would require the court to judge the legality 1994, and the International Criminal Tri- nations conspiring with it: of the sovereign act of a foreign state. bunal for the former Yugoslavia in 1993. Each (1) A suit in Federal district court under The 9th Circuit itself acknowledged in its of these bodies has been active, handing U.S. antitrust law. Int. Assoc. of Machinists opinion that ‘‘The down numerous indictments and convictions (2) A suit in the International Court of Jus- [act of state] doctrine does not suggest a against individuals who have violated funda- tice at the Hague based, perhaps, upon an ad- rigid rule of application,’’ but rather applica- mental principles of human rights. For ex- visory opinion under ‘‘the general principles tion of the rule will depend on the cir- ample, as of December 1, 1999 the Yugoslavia of law recognized by civilized nations,’’ cumstances of each case. The Court also tribunal alone had handed down 91 public in- noted that, ‘‘A further consideration is the which includes prohibiting oil cartels from dictments. conspiring to limit production and raise availability of internationally-accepted legal Today, adherence to international prin- prices. principles which would render the issues ap- ciples has spread from the tribunals in the (1) A suit in Federal district court under propriate for judicial disposition.’’ The Court Hague to individual nations around the U.S. antitrust law. then quotes from the Supreme Court’s opin- world. Recently, the exiled former dictator A case can be made that your Administra- ion in Banco Nacional de Cuba v. Sabbatino, of Chad, Hissene Habre, was indicted in Sen- tion can sue OPEC in Federal district court 376 U.S. 398 (1964): egal on charges of torture and barbarity under U.S. antitrust law. OPEC is clearly en- It should be apparent that the greater the stemming from his reign, where he allegedly gaging in a ‘‘conspiracy in restraint of degree of codification or consensus con- killed and tortured thousands. This case is trade’’ in violation of the Sherman Act (15 cerning a particular area of international similar to the case brought against former U.S.C. Sec. 1). The Administration has the law, the more appropriate it is for the judici- power to sue under 15 U.S.C. Sec. 4 for in- ary to render decisions regarding it, since Chilean dictator Augusto Pinochet by Spain junctive relief to prevent such collusion. the courts can then focus on the application on the basis of his alleged atrocities in Chile. In addition, the Administration should of an agreed principle to circumstances of At the request of the Spanish government, consider suing OPEC for treble damages fact rather than on the sensitive task of es- Pinochet was detained in London for months under the Clayton Act (15 U.S.C. Sec. 15a), tablishing a principle not inconsistent with until an English court determined that he since OPEC’s behavior has caused an ‘‘in- the national interest or with international was too ill to stand trial. The emerging scope of international law jury’’ to U.S. ‘‘property.’’ After all, the U.S. justice. government is a major consumer of petro- Since the 9th Circuit issued its opinion in was demonstrated in an advisory opinion leum products and must now pay higher 1981, there have been major developments in sought by the U.N. General Assembly in 1996 prices for these products. In Reiter v. international law that impact directly on to declare illegal the use or threat to use nu- Sonotone Corp, 442 U.S. 330 (1979), the Su- the subject matter at issue. As we discuss in clear weapons. Such an issue would ordi- preme Court held that the consumers who greater detail below, the 1990’s have wit- narily be thought beyond the scope of a judi- were direct purchasers of certain hearing nessed a significant increase in efforts to cial determination given the doctrines of na- aides who alleged that collusion among man- seek compliance with basic international tional sovereignty and the importance of nu- ufacturers had led to an increase in prices norms of behavior through international clear weapons to the defense of many na- had standing to sue those manufacturers courts and tribunals. In addition, there is tions. The ICJ ultimately ruled eight to under the Clayton Act since ‘‘a consumer de- strong evidence of an emerging consensus in seven, however, that the use or threat to use prived of money by reason of allegedly anti- international law that price fixing by cartels nuclear weapons ‘‘would generally be con- competitive conduct is injured in ‘property’ violates such international norms. Accord- trary to the rules of international law appli- within the meaning of [the Clayton Act].’’ ingly, a court choosing to apply the act of cable in armed conflict, and in particular the Indirect purchasers would appear to be pre- state doctrine to a dispute with OPEC today principles and rules of humanitarian law.’’ cluded from suit, even in a class action, may very well reach a different conclusion The fact that this issue was subject to a de- under Illinois Brick v. Illinois 431 U.S. 720 than the 9th Circuit reached almost twenty cision by the ICJ, shows the rapidly expand- (1977), but this would not bar the United years ago. ing horizons of international law. States Government, as a direct purchaser, You should also examine whether the anti- While these emerging norms of inter- from having the requisite standing. competitive conduct of the international oil national behavior have tended to focus more One potential obstacle to such a suit is cartel is being effectuated by private compa- on human rights than on economic prin- whether the Foreign Sovereign Immunities nies who are subject to the enforcement of ciples, there is one economic issue on which Act (‘‘FSIA’’) provides OPEC, a group of sov- U.S. antitrust laws (for example, former an international consensus has emerged in ereign foreign nations, with immunity from state oil companies that have now been recent years—the illegitimacy of price fixing suit in U.S. courts. To date, there has been a privatized) rather than sovereign foreign by cartels. For example, on April 27, 1998, the ruling on this issue in only one case. In Inter- states. If such private oil companies are de- Organization for Economic Cooperation and national Association of Machinists v. OPEC, 477 termined to in fact be participating in the Development issued an official ‘‘Rec- F. Supp. 553 (1979), the District Court for the anticompetitive conduct of the oil cartel, ommendation’’ that all twenty-nine member Central District of California held that the then we would urge that these companies be nations ‘‘ensure that their competition laws nations which comprise OPEC were immune named as defendants in an antitrust lawsuit effectively halt and deter hard core cartels.’’ from suit in the United States under the in addition to the OPEC members. The recommendation defines ‘‘hard core car- FSIA. We believe that this opinion was (2) A suit in the International Court of Jus- tels’’ as those which, among other things, fix wrongly decided and that other district tice at the Hague based upon ‘‘the general prices or establish output restriction quotas. courts, including the D.C. District, can and principles of law recognized by civilized na- The Recommendation further instructs should revisit the issue. tions,’’ which includes prohibiting oil cartels member countries ‘‘to cooperate with each This decision in Int. Assoc. of Machinists from conspiring to limit production and other in enforcing their laws against such turned on the technical issue of whether or raise prices. cartels.’’

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7592 CONGRESSIONAL RECORD — SENATE June 13, 2007 On October 9, 1998, eleven Western Hemi- to sue those manufacturers under the Clay- state doctrine to a dispute with OPEC today sphere countries held the first ‘‘Antitrust ton Act since ‘‘a consumer deprived of may very well reach a different conclusion Summit of the Americas’’ in Panama City, money by reason of allegedly anticompeti- than the 9th Circuit reached almost twenty Panama. At the close of the summit, all tive conduct is injured in ‘property’ within years ago. eleven participants issued a joint commu- the meaning of [the Clayton Act].’’ (2) A suit in the International Court of Jus- nique in which they express their intention One issue that would be raised by such a tice at the Hague based upon ‘‘the general ‘‘to affirm their commitment to effective en- suit is whether the Foreign Sovereign Immu- principles of law recognized by civilized na- forcement of sound competition laws, par- nities Act (‘‘FSIA’’) provides OPEC, a group tions.’’ of sovereign foreign nations, with immunity ticularly in combating illegal price-fixing, In addition to such domestic antitrust ac- bid-rigging, and market allocation.’’ The from suit in U.S. courts. To date, only one Federal court, the District Court for the tions, we believe you should give serious con- communique further expresses the intention sideration to bringing case against OPEC be- of these countries to ‘‘cooperate with one an- Central District of California, has reviewed this issue. In International Association of Ma- fore the International Court of Justice (the other . . . to maximize the efficacy and effi- ‘‘ICJ’’) at the Hague. You should consider ciency of the enforcement of each country’s chinists v. OPEC, 477 F. Supp 553 (1979), the Court held that the nations which comprise both a direct suit against the conspiring na- competition laws.’’ One of the countries par- tions as well as a request for an advisory ticipating in this communique, Venezuela, is OPEC were immune from suit in the United States under the FSIA. We believe that this opinion from the Court through the auspices a member of OPEC. of the U.N. Security Council. The actions of The behavior of OPEC and other oil-pro- opinion was wrongly decided and that other OPEC in restraint of trade violate ‘‘the gen- ducing nations in restraint of trade violates district courts, including the D.C. District, eral principles of law recognized by civilized U.S. antitrust law and basic international can and should revisit the issue. nations.’’ Under Article 38 of the Statute of norms, and it is injuring the United States This decision in Int. Assoc. of Machinists the ICJ, the Court is required to apply these and its citizens in a very real way. Consider- turned on the technical issue of whether or ‘‘general principles’’ when deciding cases be- ation of such legal action could provide an not the nations which comprise OPEC are fore it. inducement to OPEC and other oil-producing engaging in ‘‘commercial activity’’ or ‘‘gov- countries to raise production to head off ernmental activity’’ when they cooperate to This would clearly be a cutting-edge law- such litigation. sell their oil. If they are engaging in ‘‘gov- suit, making new law at the international We hope that you will seriously consider ernmental activity,’’ then the FSIA shields level. But there have been exciting develop- judicial action to put an end to such behav- them from suit in U.S. courts. If, however, ments in recent years which suggest that the ior. these nations are engaging in ‘‘commercial ICJ would be willing to move in this direc- ARLEN SPECTER. activity,’’ then they are subject to suit in tion. In a number of contexts, we have seen HERB KOHL. the U.S. The California District Court held a greater respect for and adherence to funda- CHARLES SCHUMER. that OPEC activity is ‘‘governmental activ- mental international principles and norms MIKE DEWINE. ity.’’ We disagree. It is certainly a govern- by the world community. For example, we STROM THURMOND. mental activity for a nation to regulate the have seen the establishment of the Inter- JOE BIDEN. extraction of petroleum from its territory by national Criminal Court in 1998, the Inter- ensuring compliance with zoning, environ- national Criminal Tribunal for Rwanda in EXHIBIT 2 mental and other regulatory regimes. It is 1994, and the International Criminal Tri- U.S. SENATE, clearly a commercial activity, however, for bunal for the former Yugoslavia in 1993. Each Washington, DC, April 25, 2001. these nations to sit together and collude to of these bodies has been active, handing President GEORGE WALKER BUSH, limit their oil production for the sole pur- down numerous indictments and convictions The White House, pose of increasing prices. against individuals who have violated funda- Washington, DC. The 9th Circuit affirmed the District mental principles of human rights. DEAR MR. PRESIDENT: In light of the en- Court’s ruling in Int. Assoc. of Machinists in Today, adherence to international prin- ergy crisis and the high prices of OPEC oil, 1981 (649 F.2d 1354), but on the basis of an en- ciples has spread from the tribunals in the we know you will share our view that we tirely different legal principle. The 9th Cir- Hague to individual nations around the must explore every possible alternative to cuit held that the Court could not hear this world. The exiled former dictator of Chad, stop OPEC and other oil-producing states case because of the ‘‘act of state’’ doctrine, Hissene Habre, was indicted in Senegal on from entering into agreements to restrict oil which holds that a U.S. court will not adju- charges of torture and barbarity stemming production in order to drive up the price of dicate a politically sensitive dispute which from his reign, where he allegedly killed and oil. would require the court to judge the legality tortured thousands. This case is similar to This conduct is nothing more than an old- of the sovereign act of a foreign state. the case brought against former Chilean dic- fashioned conspiracy in restraint of trade The 9th Circuit itself acknowledged in its tator Augusto Pinochet by Spain on the which has long been condemned under U.S. Int. Assoc. of Machinists opinion that ‘‘The basis of his alleged atrocities in Chile. At the law, and which should be condemned under [act of state] doctrine does not suggest a request of the Spanish government, Pinochet international law. rigid rule of application,’’ but rather applica- was detained in London for months until an After some research, we suggest that seri- tion of the rule will depend on the cir- English court determined that he was too ill ous consideration be given to two potential cumstances of each case. The Court also to stand trial. lawsuits against OPEC and the nations con- noted that, ‘‘A further consideration is the spiring with it: availability of internationally-accepted legal While these emerging norms of inter- (1) A suit in Federal district court under principles which would render the issues ap- national behavior have tended to focus more U.S. antitrust law. propriate for judicial disposition.’’ The Court on human rights than on economic prin- (2) A suit in the International Court of Jus- then quotes from the Supreme Court’s opin- ciples, there is one economic issue on which tice at the Hague based upon ‘‘the general ion in Banco National de Cuba v. Sabbatino, an international consensus has emerged in principles of law recognized by civilized na- 376 U.S. 398 (1964): recent years—the illegitimacy of price fixing tions.’’ It should be apparent that the greater the by cartels. For example, on April 27, 1998, the (1) A suit in Federal district court under degree of codification or consensus con- Organization for Economic Cooperation and U.S. antitrust law. cerning a particular area of international Development issued an official ‘‘Rec- A strong case can be made that your Ad- law, the more appropriate it is for the judici- ommendation’’ that all twenty-nine member ministration can sue OPEC in Federal dis- ary to render decisions regarding it, since nations ‘‘ensure that their competition laws trict court under U.S. antitrust law. OPEC is the courts can then focus on the application effectively halt and deter hard core cartels.’’ clearly engaging in a ‘‘conspiracy in re- of an agreed principle to circumstances of The recommendation defines ‘‘hard core car- straint of trade’’ in violation of the Sherman fact rather than on the sensitive task of es- tels’’ as those which, among other things, fix Act (15 U.S.C. Sec. 1). The Administration tablishing a principle not inconsistent with prices or establish output restriction quotas. has the power to sue under 15 U.S.C. Sec. 4 the national interest or with international The Recommendation further instructs for injunctive relief to prevent such collu- justice. member countries ‘‘to cooperate with each sion. Since the 9th Circuit issued its opinion in other in enforcing their laws against such In addition, the Administration has the 1981, there have been major developments in cartels.’’ power to sue OPEC for treble damages under international law that impact directly on On October 9, 1998, eleven Western Hemi- the Clayton Act (15 U.S.C. Sec. 15a), since the subject matter at issue. As we discuss in sphere countries held the first ‘‘Antitrust OPEC’s behavior has caused an ‘‘injury’’ to greater detail below, the 1990’s have wit- Summit of the Americas’’ in Panama City, U.S. ‘‘property.’’ After all, the U.S. govern- nessed a significant increase in efforts to Panama. At the close of the summit, all ment is a consumer of petroleum products seek compliance with basic international eleven participants issued a joint commu- and must now pay higher prices for these norms of behavior through international nique in which they express their intention products. In Reiter v. Sonotone Corp, 442 U.S. courts and tribunals. In addition, there is ‘‘to affirm their commitment to effective en- 330 (1979), the Supreme Court held that the strong evidence of an emerging consensus in forcement of sound competition laws, par- consumers of certain hearing aides who al- international law that price fixing by cartels ticularly in combating illegal price-fixing, leged that collusion among manufacturers violates such international norms. Accord- bid-rigging, and market allocation.’’ The had led to an increase in prices had standing ingly, a court choosing to apply the act of communique further expresses the intention

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7593 of these countries to ‘‘cooperate with one an- drill or mine our way to energy inde- standards for cars and light trucks to other . . . to maximize the efficacy and effi- pendence. Increasing the importation achieve a standard of 35 miles per gal- ciency of the enforcement of each country’s of foreign oil and natural gas is not the lon by the year 2020. By 2020, the bill competition laws.’’ would reduce our Nation’s oil depend- The behavior of OPEC and other oil-pro- answer. Developing more nuclear ducing nations in restraint of trade violates power, given its price, legacy, cost, and ence by approximately 1.3 million bar- U.S. antitrust law and basic international safety threats, remains very problem- rels per day, and in that year alone will norms, and it is injuring the United States atic. Investing in energy efficiency and save consumers $26 billion, and global and its citizens in a very real way. renewable energy is a win-win situa- warming emissions will be reduced by We hope that you will seriously consider tion. These investments offer short- over 200 million metric tons. These sav- judicial action to put an end to such behav- term and long-term solutions to ings will continue to increase each ior. strengthen our national security by re- year, year after year. ARLEN SPECTER. ducing our energy consumption and This is the best investment we can CHARLES SCHUMER. making us less reliant on oil from un- have, I believe, in both national secu- HERB KOHL. rity and improved environmental qual- STROM THURMOND. stable regions of the world. It enhances MIKE DEWINE. our economic competitiveness by cre- ity, not just for us but for the world. ating American jobs in this new green Strong mileage standards will also The PRESIDING OFFICER (Mr. make us more competitive. According MENENDEZ). The Senator from Rhode economy, and it will protect our envi- ronment by reducing our carbon foot- to the University of Michigan Trans- Island. portation Research Institute, U.S. Mr. REED. Mr. President, energy is print. automakers could increase revenues by the lifeblood of our economy. It is fun- Sixty percent of the oil consumed by Americans comes from abroad. While $2 billion and save between 15,000 and damental to powering our homes, busi- 35,000 jobs for autoworkers if we im- nesses, manufacturing, and the trans- Canada and Mexico are our top sup- pliers, OPEC nations hold the cards in prove gas mileage. Higher fuel effi- portation of goods and services that ciency standards will help U.S. auto- are vital to America and the world a global oil market, and a portion of the money we spend on oil undoubtedly mobile manufacturers to better com- economy. But the fossil fuels our coun- pete in the global marketplaces. The try currently relies on are finds its way into the hands of unstable and unfriendly regimes. Two-thirds of pricetag of our oil dependence is also unsustainable. Our Nation’s addiction not sustainable. According to a Depart- to oil is threatening our national secu- the global oil reserves are in the Mid- dle East, and more than 75 percent of ment of Defense report: rity and dramatically changing the cli- The United States bears many costs associ- mate in which we live. global oil production is already in the hands of state-controlled oil compa- ated with the stability of the global oil mar- Setting America on a course of great- ket and infrastructure. The cost— nies. With growing global demand and er energy self-reliance is one of the According to this report— most significant foreign policy, eco- limited remaining oil supply, many countries, including our allies and of securing Persian Gulf sources alone comes nomic, and environmental challenges to $44.4 billion annually for the United we face as a Nation. trading partners, will compete with us States. for finite oil supplies as their and our Senators BINGAMAN, DOMENICI, We are literally policing the world own economy rely more heavily on im- INOUYE, and STEVENS have put a great oil market for the benefit of the world ports. This will inevitably stress the deal of effort in developing this Energy economy, with great cost in terms of bill, and it is an excellent first step. delicate balance that exists among na- dollars but also in terms of the huge The bill will improve our Nation’s en- tional interests in the world, and it pressure on our military forces and ergy efficiency, protect consumers gives oil-rich nations disproportionate their families. from price gouging, increase vehicle leverage in the international arena. Al- We lose $25 billion from our economy economy standards, and decrease our Qaida and other terrorist networks every month, and oil imports now ac- reliance on oil, especially from unsta- have openly called for and carried out count for nearly a third of the national ble regions of the world. attacks on oil infrastructure because trade deficit because of our dependence President Bush admitted we are ad- they know oil is the economic lifeline on oil. The economy is exposed to oil dicted to oil. But for the last 6 years, of industrial economies, especially the price shocks and supply disruptions, neither he nor the Congress was willing United States. and families are feeling the pinch of oil to take real action to change that fact. Today, we have an opportunity to prices. High energy prices reduce con- I commend Senator HARRY REID for shift the balance of power around the sumer spending power and affect busi- bringing this legislation to the floor. globe that is dictated by oil. Our first nesses’ bottom lines. For the first time in 30 years, the step is to strengthen our national secu- Millions of petrodollars are being ex- Senate is now poised to pass legislation rity by increasing CAFE standards. ported out of U.S. cities and counties to increase vehicle fuel standards. I Raising fuel economy standards is an to pay for energy with a real effect on commend particularly Senators FEIN- essential insurance policy against the local economic vitality. In Rhode Is- STEIN and DURBIN and SNOWE for their risk of oil dependence and global land, my home State, gas prices have work on this issue. I was glad to be an warming, which pose vital threats to increased by $1.50 per gallon, an in- original cosponsor of the ten-in-ten our national security. Fuel economy crease of 99 percent, since 2001. House- bill, which is the basis of the bipartisan standards have proven effective at re- holds in Rhode Island are paying $1,430 compromise in the legislation we are ducing our demand for oil, but they more per year for gasoline than in 2001. considering today. have been stagnant for more than a So for the State economy, this means The debate about fuel economy decade, despite advances in vehicle that families, businesses, and farmers standards should be over. We have the technology. The fact that our indus- in Rhode Island will spend $52.4 million technology to get well beyond 35 miles trial competitors are increasing mile- more on gasoline in June 2007 than per gallon, and the American public age standards underscores how we have they spent in January 2001, and $600 supports an increase in fuel efficiency been lagging behind the world economy million more will be spent on gasoline standards. The time for action is long in terms of technology, in terms of ap- this year than was spent in 2001, if overdue, and I hope my colleagues will plying that technology through in- prices remain at current levels. Rhode resist efforts to weaken these stand- creasing the standards for automobiles Island residents, farmers, and busi- ards. in our country. Achieving a 35-mile- nesses are on track to pay $1.2 billion We have an opportunity to create a per-gallon fuel economy over the next for gasoline this year. That is an ex- new energy future for the country. decade, the equivalent of the 4-percent- traordinary drain on the economy of That future would strengthen our na- a-year improvement called for by my State and on States throughout tional security by making us more self- President Bush, is achievable. Begin- this great Nation. reliant and slow the impacts of global ning in 2011, this bill requires the Na- If we have a policy that increases warming on our climate by investing in tional Highway Traffic Safety Admin- CAFE standards and energy efficiency energy efficiency, renewable energy, istration to annually increase the na- and makes sensible investments in re- and biofuels. I do not believe we can tionwide average fleet fuel economy newable fuels, we will have more funds

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7594 CONGRESSIONAL RECORD — SENATE June 13, 2007 to invest in education, health care, helps individual families, which is an- tional Security Task Force on Energy public works, and business develop- other win-win program we must sup- published a report recommending sev- ment. My State, like so many States, port more vigorously. eral measures to improve energy secu- is struggling with a budget problem, a The program weatherizes approxi- rity in the 21st century, including a na- huge State budget problem. Some of mately 100,000 homes each year. Since tional RES of 10 to 25 percent. Con- that can be attributed directly to the its inception, the program has weather- sumption of natural gas is growing at a higher cost of fuels to run schools, to ized over 5.6 million homes. Weather- faster rate than for any other primary run buses, to run the infrastructure of ization has also grown an energy effi- energy source, and it is growing in all our State. We could take that money, ciency industry for residential housing sectors of the economy. Families heat save it, and invest it in education, in that, according to the Department of their homes with natural gas, busi- schools, and not simply ship it overseas Energy, employs 8,000 people who work nesses use natural gas to produce prod- through major international oil compa- in low-income weatherization alone. ucts, natural gas vehicles are becoming nies. This has been a great success. Again, more common, and power producers Energy efficiency and renewable en- lowering the cost to families, lowering generate cleaner energy with natural ergy programs that improve tech- the national demand, and putting peo- gas. Similar to oil, demand is growing nologies for our homes, our businesses, ple to work is a good formula for our faster than available supplies can be and our vehicles must be the ‘‘first economy today. delivered, and the tightening in supply fuel’’ in the race for secure, affordable, Unfortunately, the Department of and demand is resulting in dramatic and clean energy. Energy efficiency is Energy’s fiscal year 2007 spending plan price volatility. One way to increase the Nation’s greatest energy resource. cut funding to the weatherization pro- the natural gas supply in the United We now save more energy each year gram, and the administration, unfortu- States is through liquefied natural gas, from energy efficiency than we get nately, has a situation in which effi- known as LNG. Again, however, we from any single energy source, includ- ciency funding has fallen alarmingly would do well to learn from our lessons ing oil, natural gas, coal, and nuclear since 2002. Adjusting for inflation, with oil. One-third of the world’s prov- power. We need to use energy in a way funding for energy efficiency has been en reserves of natural gas are in the that saves money. It is much cheaper cut by one-third. We have to do better. Middle East, nearly two-fifths are in to conserve energy and increase effi- In the face of soaring prices, in the face Russia and its former satellites, and ciency than to build further energy in- of international threats posed by oil Nigeria and Algeria also have signifi- frastructure in the country. powers, we are cutting programs that cant reserves. The Senate bill contains important are efficient, effective, and help fami- Political stability and terrorism are provisions to support energy efficiency. lies, and that is not only wrong, but it very real threats to these countries First, it sets new energy benchmarks is terribly wrongheaded. being a reliable source for natural gas. for appliances, including residential A strong renewable electricity stand- Russia is trying to create an OPEC- boilers, dishwashers, clothes washers, ard is also needed to diversify our fuel style cartel for natural gas, which refrigerators, dehumidifiers, and elec- supply, clean our air, and better pro- could manipulate natural gas prices tric motors. These seem like very mun- tect our consumers from electricity and supply, and that would be a very dane, trivial items, but if we can make price shocks. I am glad to join Senator unfortunate development. even small increases in their effi- BINGAMAN in supporting an amendment For over 30 years, through four dif- ciency, it has a huge macroeconomic to the bill to require a 15-percent re- ferent administrations, Americans effect on our society in terms of de- newable electricity standard by 2020. have been promised that our Govern- mand for energy, and this legislation This amendment will promote domesti- ment would end the national security will help us do that and point us in cally produced clean energy, reduce threat created by our dependence on that direction. According to the Amer- U.S. greenhouse gas emissions, reduce foreign oil. As a country, we need to ican Council for an Energy Efficient energy costs for American consumers move in a new direction toward a clean Economy, increasing these standards and businesses, and create American and secure energy future. This effort will give consumers more than $12 bil- jobs. must include greater investment in en- lion in benefits, save more than 50 bil- According to the Union of Concerned ergy efficiency, a strong renewable lion kilowatt-hours per year in elec- Scientists, a 15-percent RES would electricity standard, and increased ve- tricity, or enough to power 4.8 million save the residential, commercial, and hicle fuel economy standards. Also, as typical American households. The bill industrial sectors $16.3 billion in elec- we dramatically increase biofuel pro- also strengthens energy requirements tricity and natural gas costs. These duction, we must ensure that it does for the Federal Government. Today, savings are particularly critical for en- not cause harm to the environment and the Federal Government spends more ergy-intensive industries such as man- public health. than $14 billion a year on energy. In- ufacturing. The RES will also create Energy security starts with using the creasing efficiency will save energy jobs in manufacturing. A recent study fuels we have more efficiently. Smart and taxpayer dollars. That is some- by the Apollo Alliance and the Urban energy use is a resource not vulnerable thing we have to begin ourselves, lead- Habitat found that renewable elec- to terrorism or world politics, and I ing by example at the Federal level. tricity creates American manufac- think this legislation is a step forward The bill also increases the authoriza- turing, construction, and maintenance for smart energy use. I commend tion level for the Weatherization As- jobs. For every megawatt of solar pho- Chairman BINGAMAN for his leadership. sistance Program and the State Energy tovoltaic electricity generated, about I yield the floor. Program. The State Energy Program 22 jobs are created, which is their pro- The PRESIDING OFFICER. The Sen- improves the energy efficiency of jection. Geothermal energy creates 10.5 ator from North Dakota. schools, hospitals, small businesses, jobs per megawatt, and wind energy IMMIGRATION farms, and industries to make our creates 6.4 jobs per megawatt. Amer- Mr. DORGAN. Mr. President, I wish economy more efficient. ican energy-intensive industries that to say a word this morning about a col- The Weatherization Assistance Pro- are saving $5 billion through 2023 will umn that was printed in the Wash- gram helps low-income families, the el- be more competitive in the global mar- ington Post this morning on the op-ed derly, and the disabled by improving ket. Using clean, domestically pro- page that was taking the majority energy efficiency of low-income hous- duced power will also help stabilize leader of the Senate to task, and doing ing. Weatherization can cut energy prices, allowing businesses to more ac- so, I think, unfairly and certainly inac- bills by 20 to 40 percent in each assisted curately budget for energy costs. This curately. home. This represents savings that RES, the proposal of Senator BINGA- The column criticizes the majority families can use to pay for other neces- MAN, will also lower U.S. carbon diox- leader for saying the Senate’s time was sities, while reducing the Nation’s en- ide emissions by nearly 2 million tons ‘‘too precious’’ to expend on what ergy demand by the equivalent of 15 per year by 2020. would have been unlimited debate on million barrels of oil each year. It low- Finally, the RES is important to our an unlimited number of Republican ers our national demand for energy, national security. In July 2006, the Na- amendments to the immigration bill.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7595 The intent of this column in the news- have given us better cupholders. They I did not support that guest worker paper is to say that the majority leader have given us better music systems. program. I believe at least we should was responsible for failing to allow They have given us keyless entry. But sunset it after 5 years to evaluate the consideration of the immigration bill. they haven’t in 25 years given us great- consequences, what impact it has had I don’t know what Mr. Will, who er efficiency, and they should. That is on our country. Has it had an impact of wrote this column, was watching last in the bill. downward pressure on wages, which I week. I know Paris Hilton was being We also increase the supply of alter- think it will have, which I don’t sup- taken back and forth between her native energy with renewable fuels port? Has it had an impact of bringing house and the sheriff’s office and court called the biofuels, ethanol, corn-based in a lot of immigrants who will not and jail, apparently, and the country ethanol; yes, cellulosic ethanol, yes. If leave afterward and, therefore, be here must have been riveted on that story. Mr. Will and others think that is irrel- without legal authorization? If so, But C–SPAN would have availed a col- evant, they miss the point. This coun- should we consider that issue and how umnist of a pretty good look at what try doesn’t have a choice. We must find to deal with it? the Senate was doing, and not just for a route to be less dependent on foreign I think these are very complicated last week but for 2 weeks the Senate sources of oil. issues, and the guest worker program dealt with the subject of immigration. One approach, in my judgment, is to should be sunsetted after 5 years. My I happen to come to a different con- make the vehicles more efficient. An- amendment won by one vote, and then clusion on that subject than the major- other approach is to produce renewable it was as if the sky was falling. This is ity leader. I know who supports that fuels. I was the author of the only going to kill the bill, they say. I don’t legislation, and he has supported that standard that exists for renewable agree with that at all. I just don’t legislation. I watched the last day of fuels, a 7.5-billion-gallon-a-year stand- agree. consideration when the majority leader ard. We did that 2 years ago. I think we As I have indicated many times, they came to the floor and offered a pro- are at 7.5 billion gallons already. We brought that out here suggesting that posal where each side would get four were hoping to get there by 2012. Now anything that was done that would amendments. That was objected to. He we have a bill that will take us to 36 change it would kill the bill. Again, it then proposed that each side would get billion gallons of renewable fuels. As a is the argument we hear all the time: three amendments. That was objected measurement, we use 145 billion gal- the lose thread on the cheap sweater; to. Each side would get two amend- lons of fuel a year. We want to go to 36 pull the thread, the arms fall off. ments. That was objected to. billion gallons of renewable fuels that I come back to this point that I I don’t have the foggiest idea why we can grow in our farm fields, among think the column today is unfair to the Mr. Will would write a column sug- other things. majority leader. It unfairly suggests gesting somehow the majority leader It is easy to write a column, I guess. that he is the responsible party for not was responsible for that not going for- If the ink is inexpensive, you can say moving forward on immigration. We ward after 2 full weeks of debate and anything you want. This is not an ac- spent 2 full weeks on immigration. It being blocked in every circumstance of curate reflection of two things. No. 1, wasn’t incomplete because of anything having additional amendments consid- it is not an accurate reflection of the the majority leader did. He is the one ered. immigration bill, and it is not an accu- who brought it to the floor in the first But what brought me to the Senate rate reflection, in my judgment, of the place. Second, it is unfortunate—certainly floor is not my support of consider- merits of biofuels to extend America’s well within the columnist’s right, but ation or further consideration of the energy supply. unfortunate—to suggest that somehow immigration bill, but the charge that While I am up, I want to make one renewable fuels cannot play a signifi- the majority leader was somehow re- more point. There are others who cant part in this country’s energy fu- sponsible for scuttling it. That is not talked about the amendment I offered ture. That is a significant part of this the case, No. 1. And, No. 2, Mr. Will to the immigration bill suggesting that bill. Senator BINGAMAN, Senator says in his column that, in fact, it was somehow it would have been respon- DOMENICI, myself, and many others taken off the floor in order to bring up sible for killing the bill. I want to de- have worked on renewable fuels for a legislation that would quintuple the scribe it very briefly. long while. We set a standard that I mandated use of corn-based ethanol, The immigration bill was put to- think is going to be very exciting for apparently upset about the fact that gether in a room by a group of people this country to meet, and I think it who said: Here is what we think we we have an energy bill on the floor at will reduce our dependence on foreign should do to deal with immigration. this point that would dramatically in- sources of oil, will make us much less The proposal was put together in a crease the use of biofuels, corn-based dependent than we are now, and I think room by some 14 Senators, which ethanol and also cellulosic and other it will advance this country’s security meant that 86 others were not in- approaches because we believe we need and energy interests. to find somehow, some way, some volved. So the product was brought to I am pleased to be a part of that ef- point, someday to become less depend- the floor of the Senate, and we were fort and support it and felt especially ent on foreign sources of oil. told: If you have a different idea, the that I ought to say a word in response Over 60 percent of the oil we use in group of 14 are going to oppose it. That to this column that I think unfairly this country we obtain from troubled group of 14, or whatever it was, cre- treats the issue of biofuels. parts of the world overseas—60 percent ating a grand compromise, they had a Mr. President, I yield the floor. of it and it is growing: the Saudis, the responsibility to oppose anything that The PRESIDING OFFICER. The Sen- Kuwaitis, Venezuela, Iraq, and the list the rest of the 86 Members of the Sen- ator from North Dakota. goes on. If tomorrow, God forbid, some- ate believed could add to or improve Mr. CONRAD. I thank the Chair. how that source of oil would be shut off the bill. (The remarks of Mr. CONRAD per- to our economy, this economy, this Among other things, the bill provided taining to the introduction of S. 1605 American economy would be flat on its a temporary worker provision which are printed in today’s RECORD under back. We need to become less depend- said there are millions of people out- ‘‘Statements on Introduced Bills and ent on foreign sources of oil. We use 70 side this country—400,000 a year origi- Joint Resolutions.’’) percent of the oil we bring into this nally, 2 years on, 1 year back to their Mr. CONRAD. Mr. President, I rise country in our vehicles. We run them home country, 2 years back, 1 year today in support of bold action on en- through the carburetors and fuel back to their home country, 2 years ergy policy for this country. I am injectors of our vehicles. back a third time. My colleague from pleased and indebted to the chairman We are doing a lot with this legisla- New Mexico reduced that to 200,000 a of the Energy Committee for his lead- tion. We haven’t had an increase in the year. But it was ultimately the same ership. I think all of us know our coun- efficiency standards for vehicles for 25 circumstance. It would have been a try faces serious energy challenges. years, and the auto companies, I know, massive number of new people who The most pressing is the fact that our object to that. They objected to seat- don’t now live here who would have Nation is far too dependent on foreign belts. They objected to airbags. They come in and taken jobs in this country. oil.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7596 CONGRESSIONAL RECORD — SENATE June 13, 2007 For example, we currently import nologies, promote responsible develop- We have the greatest wind energy po- roughly 60 percent of the oil we con- ment of domestic fossil fuel resources, tential in North Dakota of any State in sume. You can see that in 2006, 60 per- and facilitate expansion and upgrades the Nation. I might add it is not be- cent of our oil came from imports; only to our Nation’s electricity grid. cause of our congressional delegation. 40 percent was domestic. Not only does That is also one of the challenges fac- No, this is wind generated by a higher this make us increasingly dependent on ing us; we have gridlock on the energy power. the most unstable parts of the world, grid. When we produce additional en- I am glad I have been able to amuse but it is also leading to a financial ergy in North Dakota, we can’t move it the Chair. hemorrhage. It is leading us to spend to the Chicago market because the ca- North Dakota has those constant pre- hundreds of billions of dollars abroad pacity of the grid is full—in Minnesota, vailing winds. Already, we have seen that could otherwise be deployed here in Wisconsin. So when we put on new hundreds of millions of dollars invested at home. capacity in North Dakota through in wind energy, but much more could Imported petroleum accounted for wind power, for example, where we be done. And, of course, we have ex- $272 billion of the U.S. trade deficit have extraordinary potential, we can’t traordinary deposits of coal as well. By over the last year, equal to 32 percent move it to the Chicago market where it plugging into these sources of energy of our total trade deficit—$272 billion is needed because the grid itself is grid- to fuel our transportation sector, we that we spend in other countries that locked. can dramatically reduce our depend- could have been spent here at home. I am pleased the bill before us con- ence on foreign oil. Imagine the difference in this coun- tains many of the provisions or similar This bill also establishes long over- try’s economy if we were spending $270 provisions to what was in the BOLD due efficiency standards for consumer billion in America securing energy Act I introduced last year. The renew- appliances and industrial products, and here instead of shipping it to Saudi able fuels standard is an important promotes advanced lighting tech- Arabia, Kuwait, Venezuela, Nigeria, step. My BOLD Act required 30 billion nologies that will cut down on a major and all of the other countries from gallons of renewable fuel use by 2025. source of our electricity load. whom we buy foreign oil. This bill requires 36 billion gallons by Lastly, I am encouraged by the We know much of this oil is coming 2022. Renewable fuels have tremendous strong provisions in this bill to re- from the most unstable parts of the potential to reduce our imports. By re- search, develop, and demonstrate our world. That puts us at risk, not only at lying more on domestic crops to capacity to capture and store carbon economic risk but at national security produce ethanol and biodiesel, we can dioxide. The largest carbon sequestra- risk. We must also recognize that other reduce fuel prices, support economic tion project in the world is going on in countries, especially in the developing development in rural areas, and im- North Dakota, where the coal gasifi- world, are going to consume growing prove our energy security. cation plant that is run by Basin Elec- amounts of energy as well. In fact, the This energy bill also takes steps to tric—we call it the Dakota gasification Energy Information Administration develop an infrastructure of pipelines, plant—is shipping about half of the projects world consumption of energy rail lines, and trucks able to deliver in- carbon dioxide it produces to Canada to will increase 57 percent from 2004 to creasing amounts of renewable fuels to repressure the oil fields there. This is 2030. market. These steps will allow us to the largest carbon sequestration This chart shows it well. This is the substitute homegrown fuels for foreign project in the world. We are proud of it. current consumption level. This is oil, dramatically reducing our depend- We are demonstrating that this can be what they project by 2030—a 57-percent ence on imported oil. done, and that is a winner on every increase. This growth in demand for Let me say that other countries have count. It reduces carbon dioxide in the energy will mean higher prices for en- done this. Brazil is a perfect example. atmosphere and it repressures oil fields ergy, increased price volatility in the You can see, in the green bars, that in in Canada to get more production so we markets for oil, natural gas, uranium, 1973 we were 35 percent dependent on are less reliant on more unstable and coal as transportation and refining foreign oil. Today, we are 60 percent. sources. This is crucial work if we are networks are pushed to capacity. Un- Look at Brazil. Brazil, in 1973, was 80 to find the best response to global cli- less we change course, we will become percent dependent on foreign oil. They mate change. even more dependent on foreign energy have reduced that last year to 5 per- I look forward to taking up work in sources. In fact, we are told now that cent—a dramatic change. How have the Finance Committee next week to while we are 60 percent dependent, we they done it? They have done it by pro- craft bold and thoughtful tax provi- are headed for 75 percent dependence if moting ethanol and biodiesel and by sions to complement and expand upon we fail to act. In short, our addiction promoting flexible fuel vehicles. That the worthy objectives that are already to foreign oil threatens our economic is a program for success. in this bill. This bill takes important future and our national security. We Experts tell us the single most im- steps to set us on a path toward energy need to take significant strides now to portant thing we can do to reduce our independence. Let me say it will be develop other sources of energy, ones reliance on foreign oil is to improve many years before we reach that objec- we can rely on to be there in the fu- the efficiency of our cars and trucks. If tive, but we must act boldly now to ture. our cars averaged 40 miles a gallon, we take these initial steps. I have said many times to my col- could save 2 to 3 million barrels of oil I wish to especially commend and leagues, instead of continuing our de- a day. In the short term, we clearly thank the chairman of the Energy pendence on the Middle East, we need need to increase fuel efficiency. In the Committee, Senator BINGAMAN, who to look to the Midwest for increased longer term, we need to develop alter- has labored so hard and so long to energy supplies, because it is in the native fuel technologies, such as plug- produce this legislation. Senator Midwest where we grow the feedstocks in hybrid and electric drive vehicles. BINGAMAN has taken on some of the for ethanol and biodiesel, things that This bill helps advance a long-term so- toughest areas of energy policy. These reduce our dependence on foreign oil. lution to the problem with research are areas of real controversy, and he Fortunately, the United States has and development and demonstration has taken them on with real leader- the domestic resources and the inge- programs for electric drive transpor- ship. We are proud of him. nuity to reduce our dependence on for- tation technology. The bill also in- Senator BINGAMAN, I thank you for eign oil and meet our energy chal- cludes loan guarantees for facilities for the legislation you have brought to the lenges. That is why I introduced the the manufacture of parts for fuel-effi- floor and for the effort you and your BOLD Act last year, Breaking Our cient vehicles, including hybrid and ad- staff have put into this endeavor. It is Long-term Dependence. The BOLD Act vanced diesel vehicles. important for our country. I believe, would increase production of renewable We have abundant domestic sources more broadly, it is important for the energy and alternatives fuels, offer in- of electricity, from a 250-year supply of world. centives to reward fuel savings and en- coal to rapidly developing renewable I yield the floor. ergy efficiency, increase research and sources such as wind energy. Let me The PRESIDING OFFICER. The Sen- development funding for new tech- say that my State is a leader in both. ator from New Mexico.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7597 Mr. BINGAMAN. Mr. President, first, egy but an essential component of such the cost of the program to utilities let me thank my friend and colleague a strategy. would be capped by allowing utilities from North Dakota for his kind words The benefits are clear. This portfolio to make this alternative compliance and for his strong support for this leg- standard would reduce our dependence payment of 2 cents per kilowatt-hour, islation. He has been a leader on this on traditional polluting sources of which is adjusted for inflation. As long whole set of energy issues and proposed electricity. It would reduce our depend- as the difference between the cost of very strong legislation in the last Con- ence on foreign energy sources. It renewable generation and the cost of gress on this very set of issues. We are would reduce the growing pressure on other generation resources is less than hopefully moving ahead on some of the natural gas as a fuel for the generation 2 cents per kilowatt-hour, the utility policy recommendations and proposals of electricity. It would reduce the price could buy or generate renewables or he has made here in the Senate in the of natural gas. It would create new buy credits in the open market. When last year or two. I congratulate him on jobs. It would make a start on reducing it reaches or exceeds that 2-cent price, that and look forward to continuing to our greenhouse gas emissions, and it the cap would kick in. work with him. would increase our energy security and We also would create a program from We are now on what is called the re- enhance the reliability of the elec- the alternative compliance payments newable portfolio standard and the re- tricity grid. Those are some of the ben- so that, to the extent a utility chose to newable electricity standard amend- efits. go ahead and just pay the 2 cents per ment. This is an amendment I offered. Mr. President, I failed at the begin- kilowatt-hour, those funds would go Senator DOMENICI has now offered a ning of my comments to ask unani- into a State program for development second-degree amendment to it, which mous consent that Senator DURBIN be of renewable energy in that State. is really a substitute, which is really a added as an original cosponsor of this Congress has tried before to spur the very different piece of legislation than amendment. development of renewables. In 1978, we passed the Public Utility Regulatory the amendment I offered. The PRESIDING OFFICER. Without I thought I would take a few min- objection, it is so ordered. Policies Act. That bill required utili- ties to buy renewables if the generators utes. I know Senator DOMENICI will be Mr. BINGAMAN. This portfolio returning to the floor here in a few standard we have offered is a flexible, could meet the avoided cost of the util- ities. Cogeneration—the combined use minutes, and he will want to speak on market-driven approach to achieving of heat and industrial processes for his proposed substitute amendment. I all of the goals I have enunciated here generation of electricity—was also eli- thought I would take a few minutes and to do so at a negligible cost to con- gible. That program resulted in a huge right now to describe the amendment I sumers. The proposal would require re- growth in cogeneration. Over half of have offered on the renewable portfolio tail sellers of electricity who sell more the new generation that came on line standard. than 4 million megawatt hours per in this country during the 1980s and the In each of the last three Congresses, year to provide 15 percent of that elec- 1990s was from that resource. It did we passed a major energy bill in the tricity from renewable sources by the not, however, do much for renewable Senate. In each of those energy bills, year 2020. The requirement would be generation. These technologies have we have included a provision to require ramped up. There would be an increase remained at about 2 percent of total that a certain percentage of the elec- in the requirement each year, in 3-year electricity supply for several decades tricity sold by electric utilities increments to allow planning flexi- now. throughout the Nation come from re- bility for those utilities. We have a chart here which makes newable energy sources. That is the na- The Secretary of Energy would be re- that point. This chart depicts elec- ture of the amendment I am offering quired to develop a system of credit for tricity generation by fuel during the again today. The Senate has approved renewable generation that could be period 1970 projected through 2025 in this proposition again and again. traded or sold, again making the pro- billions of kilowatt-hours. In the 107th Congress, we included gram easier to comply with. Utilities You can see, from 1970 up to the cur- such a portfolio standard. That is the could use new or existing generation to rent time, renewables is way down to- phrase which has been used historically comply with the program or they could ward the bottom. It is the second to to describe this amendment, a portfolio comply with the program by buying the bottom line on that chart. Then it standard. It is really an electricity credits from someone who has produced stays flat going forward, unless we pass standard or electricity requirement on more renewable energy than they were this legislation. This legislation is in- utilities. But in the 107th Congress, we required to produce. New renewable tended to change these lines on this included such a portfolio standard as producers could receive the credits to chart. That is the entire purpose of the part of the Energy bill, and strong trade or to sell. legislation. votes on the floor affirmed the Senate’s Let me just summarize at this point Critics of the program claim that the determination that the standard we and interject. The way we have drafted cost of this would be too much, that proposed there should not be weakened. this, the flexibility is that an electric States are already requiring develop- In the 108th Congress, there was a utility can comply with the require- ment of renewables, and that some letter signed by 53 Senators that went ment—the requirement being to ensure areas do not have readily available re- to the chairs of the conference on the that 15 percent of the electricity they newable resources. My response is, I Energy bill. The Senate conferees went sell comes from renewable sources—in would point to a number of studies of on to approve the portfolio standard any of four ways: this proposal that have been done over and sent it on to the House as part of First, they can produce the elec- the years. our bill. tricity themselves. They could put in a In 2003, I asked the Energy Informa- In the 109th Congress, the same thing wind farm or a biomass facility or tion Administration at the Department happened. whatever and produce that energy from of Energy to look at the effect the pro- In all three cases, the House con- renewable sources themselves. posed renewable standard at that time ferees rejected the proposal that had Second, they could buy that energy would have had. They found that the been passed by the Senate. Now we from someone else who is producing standard would result in 350 billion kil- have an opportunity to renew our sup- that renewable energy. owatt-hours of renewable generation port for this proposal and to place it in Third, they could buy credits from being constructed between 2008 and a bill that hopefully can garner strong someone who has produced more re- 2025; that is generation that would not bipartisan support and finally reach newable energy than they themselves be constructed absent the passage of the President’s desk. are required to have in order to meet that provision. They found that the There are good reasons for the Sen- their requirements under the law. cost would be minimal. The report in- ate to support this proposal. A strong Fourth, there is a compliance fee dicated there would be an increase in renewable portfolio standard is an es- that they could pay the Secretary of the cost of electricity by about one- sential component of any comprehen- Energy if they are not able to do any of tenth of a cent in 2025 over projected sive national energy policy. It is not the previous three. That would be at a costs. When combined with the reduc- just an important part of such a strat- rate of 2 cents per kilowatt-hour. So tion in natural gas prices which would

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7598 CONGRESSIONAL RECORD — SENATE June 13, 2007 be caused by the renewable portfolio did for us this year. The study does not ing overall energy costs. In 2005, we standard, the total aggregate cost to assume any controls on carbon emis- had a hearing in the energy committee. consumers on their energy bills was sions anytime in the next 13 years. Senator DOMENICI was chairing the projected to be less than one-twentieth Frankly, I don’t think that is a likely committee at the time. It was on the of 1 percent. occurrence. I think this Congress and issue of generation portfolios. Dr. Ryan In 2005, again I asked the Energy In- this Government is going to come to a Weiser, of Lawrence Berkeley National formation Administration to update responsible position with regard to Laboratory, presented a report that the analysis, taking contemporary con- greenhouse gas emissions and there are summarized the results of 15 studies of ditions into account. That update going to be limits on carbon emissions renewable portfolio standards, much found that the portfolio standard we imposed in this country, as they have like the one I am offering. were proposing then would cause the been imposed in many industrial coun- All these studies found that a port- prices of both electricity and natural tries around the world—the sooner the folio standard would reduce natural gas gas to actually go down, and the letter better, from my perspective. But cer- prices; 12 of the 15 studies projected a that outlines those results stated: tainly that is going to happen long be- net reduction in overall energy bills for Cumulative residential expenses on elec- fore the end of the next 13 years. consumers as a result of the renewable tricity from 2005 to 2025 are $2.7 billion, that The report acknowledges these as- portfolio standard. In other words, we is 2/10th of a percent lower, while cumulative sumptions but states that different as- can save natural gas, we can reduce residential expenditures on natural gas are sumptions would result in lower costs carbon dioxide emissions significantly, reduced by $2.9 billion, or one half of 1 per- for the renewable electricity standard. cent. Cumulative expenditures for natural and we can save money both on elec- There is, of course, considerable uncer- tricity bills and on natural gas bills gas and electricity by all end use sectors tainty regarding the projected baseline taken together will decrease by $22.6, again, from making this move that this pro- one-half of 1 percent. electricity mix. Actual implementa- posal contemplates. tion of future policies to limit green- That report also indicates that gen- Many have argued that States are al- house gas emissions could lead to a eration of electricity from natural gas ready implementing renewable port- larger role for natural gas in the gen- would be 5 percent lower with the RPS folio standards so there is no need for eration mix. a Federal program. It is true States than it would be without the RPS. It This is a quote from the report we re- have taken the lead in pushing for also projected that total electricity- ceived this year. It says: more renewable generation. sector carbon-dioxide emissions would In such a scenario—— be reduced by 249 million metric tons Twenty-three States currently have That is where natural gas has a larg- relative to the reference case. in development renewable require- This year, once again, I asked the er role in the generation mix—— ments. Almost all these standards are Energy Information Administration to the projected impact of the 15 percent renew- more aggressive than the Federal able portfolio standard proposal would move standard I am proposing in the amend- analyze the proposal we now have be- toward those identified in the 2005 analysis. fore the Senate. This analysis indicates ment I have sent to the desk. New Mex- In the tax title that is being devel- that the renewable electricity standard ico requires 16.2 percent by 2020. Cali- oped by the Finance Committee to ac- or renewable portfolio standard would fornia requires 20 percent by 2017. company the bill, we are working to result in a tripling of generation from Maine requires 30 percent by 2000. Min- extend the production tax credit, to ex- biomass, a 50-percent increase in wind nesota requires 27.4 percent by 2025. tend the investment tax credits that generation, and a 500-percent increase This will spur the growth of renew- are available for renewables. We are in solar generation. The net expendi- ables in these regions. There is one also going to do something, I believe, thing, however, that a State standard tures for energy by consumers are pro- to try to encourage sequestering of car- jected to increase by three-tenths of 1 cannot do—it cannot drive a national bon emissions. market for the technologies involved percent, electricity prices are projected I don’t think anyone in this body be- here. If some States have renewable to increase by nine-tenths of 1 percent, lieves Congress will fail to act on this standards and others do not, it is im- while natural gas prices are slated to issue for the period of time that is possible for a national market to de- fall. built in for these assumptions. If we as- velop for renewable credits. The renewable electricity standard sume what we believe is going to hap- This credit trading system is the would also be expected to reduce car- pen, we are back with a projection of piece of our proposal that gives the bon dioxide emissions by 6.7 percent, or considerable consumer savings from greatest flexibility for compliance. The 222 million metric tons in 2030. the renewable electricity standard, as credit trading system also helps to re- These projections are not as opti- we found in the 2005 report that they duce the cost of compliance by allow- mistic as those we got 2 years ago in did. the 2005 analysis. There are some dif- A recent report from Wood Mac- ing credits for lower cost renewables ferent assumptions which they used kenzie, which is a noted natural gas in- from one region to be bought by utili- which explain the different conclu- dustry analytic consulting firm, con- ties in another region. sions. The first assumption was that cluded that a 15-percent renewable Some argue this is a cost shift from the reference case projects a much portfolio standard would result in a the regions without renewable re- greater expansion of coal generation savings in variable costs for electricity sources to those that have renewable than earlier projections. That was of $240 billion by 2026. resources. I would argue it is a way to partly a result of the higher natural That is far more than offsetting the spread the cost to all who are, in fact, gas price projected. Second, the study $134 billion increase in capital expendi- benefitting. If States do not have or assumes tax credits for renewables tures. The study indicates that natural choose not to develop renewable re- will, in fact, end next year, in 2008. gas prices would be from 16 to 23 per- sources, they still realize very real ben- They are scheduled to expire next cent lower in their projection by 2026 efits in lower natural gas prices, lower year. I think all or at least most Mem- as a result of enactment of this provi- SO2 allowance costs, and low-cost car- bers of the Senate believe we ought to sion. The study also projects that car- bon reductions. It is only fair they extend those tax credits. I hope we do bon emissions from the power sector share the slight increase in costs for so as part of our amending of this bill would be 10 percent lower in 2026 as a generation of electricity that, in fact, on the Senate floor this week and next result of this. created the savings. The argument that week. I know the Finance Committee, A recent study by the Union of Con- many States do not have, or many re- Senator BAUCUS and Senator GRASSLEY cerned Scientists found that this pro- gions do not have renewable generation on the Finance Committee are working posal would result in $16.4 billion in resources has been made. It is true the to develop a package of tax extenders savings to consumers on electricity best wind, geothermal, and solar re- and provisions to expand the tax provi- and natural gas bills. It also reported a sources are concentrated in the West. sions that are related to renewables. 7-percent reduction in carbon emis- The entire country has extensive bio- Third, and perhaps most impor- sions. mass potential. As Maine and other tantly, the study—this is the study the A number of other studies found posi- Eastern States have shown, paper pro- Energy Information Administration tive results, even to the point of reduc- duction and agricultural processes are

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7599 available everywhere. We have a chart Defense Council, to the industrial asso- raise the percentage requirement from that makes that point. It shows, up in ciations, to the renewable trade 15 percent to 20 percent. He would like the left-hand corner, biomass and groups, to utilities have all supported to have a chance to have the Senate biofuel resources; on the right side, RPS. We recently received letters from consider that proposal as well. solar insolation resources; geothermal a great many organizations. At this point, I think that gives a resources on the left-hand side; and Let me indicate what these letters general overview of the amendment wind resources on the bottom right. are. First, we have a letter to Senators and the reasons why I think the Senate If Rhode Island and Pennsylvania and REID, MCCONNELL, BINGAMAN, and should support it. I urge all my col- New Jersey and Maryland can imple- DOMENICI, signed by several hundred leagues to vote for the amendment. I ment aggressive standards, then the organizations indicating their strong will also want to address Senator standard we are calling for can be im- support for this proposal that I have DOMENICI’s amendment once he has had plemented in all States. The chart put before the Senate today. a chance to explain that. from the Department of Energy’s Na- I ask unanimous consent that letter I yield the floor. tional Renewable Energy Lab shows be printed in the RECORD. EXHIBIT 1 that virtually every State has the bio- The PRESIDING OFFICER. Without 21ST CENTURY AGRICULTURE POLICY mass production potential to meet this objection, it is so ordered. PROJECT (See exhibit 2.) target. Environmental benefits are EXECUTIVE SUMMARY Mr. BINGAMAN. Next I have a letter clear. America’s farmers and ranchers face un- RPS would result, according to the from Michael Wilson of FPL Group—he precedented challenges and opportunities in Energy Information Administration, in is vice president for government affairs the decades ahead. Globalization, techno- a 6.7-percent reduction in carbon emis- with FPL—saying: Please consider this logical change, trade issues, federal budget sions in the year 2030. That is a reduc- letter an endorsement in the renewable constraints, global warming, high energy tion of 222 million tons in that area portfolio standard amendment that costs, land-development pressures, and in- you intend to offer. creasing environmental and food safety con- alone. RPS standards also benefit the cerns are all likely to have a profound im- economy. It drives job growth. The I ask unanimous consent that be in- cluded in the RECORD following my re- pact on rural communities and on future Union of Concerned Scientists says prospects for sustaining a prosperous and vi- that wind turbine construction alone marks. The PRESIDING OFFICER. Without brant farm economy. At the same time, new would result in 43,000 new jobs per year, markets are opening to farmers that already objection, it is so ordered. are paying enormous dividends. Investments on average. (See exhibit 3.) An additional 11,200 cumulative long- in biofuels projects and wind farms, as well Mr. BINGAMAN. Next, a letter from as the generation of carbon credits, are pro- term jobs will result from subsequent the National Farmers Union directed operations and maintenance. There is viding farmers and ranchers with new to Senators Reid, McConnell, Domen- sources of income that are transforming the another study by the Regional Eco- ici, and myself, saying: On behalf of the rural American economy. nomics Application Laboratory for the farm, ranch and rural members of Na- The 21st Century Agriculture Policy Environment, Environmental Law and tional Farmers Union, we are writing Project was motivated by a recognition that Policy Center, that found that over to urge you to support inclusion of a rapidly changing landscape calls for a more expansive and creative approach to national 68,000 jobs at 6.7 billion in economic strong national renewable portfolio output would result from the develop- farm policy. Sponsored by the Bipartisan standard in energy security legislation Policy Center and chaired by the two of us, ment of the renewable energy capacity and oppose attempts to weaken that contemplated in this amendment. who together have eight decades of experi- when the Senate considers this issue in ence at the forefront of federal engagement According to the AFL–CIO, an esti- the coming days. with agriculture issues, the Project was mated 8,092 jobs would be created over I ask unanimous consent to have launched in March 2006. Its aim has been to a 10-year period for installation and that letter printed in the RECORD. work directly with farmers, ranchers, and O&M on wind power in Nevada alone, The PRESIDING OFFICER. Without other stakeholders to forge bipartisan con- and another 19,137 manufacturing jobs objection, it is so ordered. sensus around a new agenda for U.S. farm would be created. Agricultural inter- (See exhibit 4.) policy in the 21st century. It is our intent to ests have begun to be aware of the po- Mr. BINGAMAN. Finally, I have a put forward a series of recommendations tential and have indicated their sup- that, taken together, can be implemented at letter from the American Wind Energy a net savings to the federal government com- port. Association indicating strong support pared with the current Farm Bill. Specifi- Last month, the 21st Century Agri- for my amendment and concern and op- cally, our recommendations assume that in- cultural Policy Project, under the position to the proposed substitute creased demand for biofuels under an ex- guidance of former Senators Bob Dole amendment that Senator DOMENICI has panded renewable fuel standard will produce and Tom Daschle, issued a report. That offered under the title: Clean Portfolio substantial savings in existing agriculture report made recommendations to sus- Standard. support programs, including elimination of tain the Nation’s farm sector. One of Mr. President, I ask unanimous con- the direct payment program, less reliance on countercyclical and loan deficiency pay- the key recommendations was that sent that this letter be printed in the Congress pass a Federal renewable ments, and more reliance on the market- RECORD following my remarks. place. portfolio standard. I do have executive The PRESIDING OFFICER. Without Programs to sustain the nation’s agricul- summaries of those reports. I ask objection, it is so ordered. tural sector must necessarily evolve to re- unanimous consent that they be print- (See exhibit 5.) flect emerging budget pressures and new eco- ed in the RECORD following my re- Mr. BINGAMAN. Mr. President, we nomic realities, while also being responsive marks. are moving ahead on this bill. This is to the larger concerns and interests of Amer- The PRESIDING OFFICER. Without an important part of the legislation. I ican taxpayers, consumers, and utility rate- objection, it is so ordered. think all Senators have known this payers. Indeed, as taxpayers, consumers, and (See exhibit 1.) was intended to be offered as an ratepayers themselves, farmers and ranchers are best served by well-designed policies that Mr. BINGAMAN. So support for RPS amendment on the floor. I have cer- achieve equitable outcomes, do so in a fis- is strong throughout the Nation. A poll tainly indicated that repeatedly over cally responsible manner, and are carefully recently by Melvin & Associates found recent weeks and even months. So as I targeted to achieve maximum societal bene- that 70 percent of those surveyed na- say, it has been offered and passed in a fits at the lowest possible cost. Fortunately, tionwide supported a 20-percent port- somewhat different forum, three pre- the input gathered through this project from folio standard. That is not what I am vious Congresses in the Senate. I hope farmers and researchers points to promising recommending. I am recommending 15 very much that we can proceed to a opportunities for reforming current policies percent. good debate on this proposal and on the in ways that are responsive to broader pub- But these results were about the lic-interest objectives without in any sense proposal by my colleague from New diminishing the federal government’s long- same in States as diverse as North Da- Mexico, Senator DOMENICI, and then standing commitment to an economically se- kota and Georgia and Missouri and Ari- have votes on those two proposals. cure agricultural base. The recommenda- zona. Environmental groups, from the I know Senator KERRY also has a pro- tions advanced here reflect the view that Sierra Club to the Natural Resources posed second-degree amendment to strategic investments in developing new

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7600 CONGRESSIONAL RECORD — SENATE June 13, 2007 market opportunities and in helping agricul- gibility to obtain benefits through more 3. Rewarding energy-efficient and low-car- tural producers gain a larger stake in high- than one entity should be eliminated. bon emitting technologies; value-added enterprises can reduce farmers’ Second, Congress should eliminate the di- 4. Ensuring that pioneering processes, such need for current safety net programs in ways rect payment program and redirect funds for as those that convert cellulosic feedstocks that are less susceptible to political uncer- this program—along with savings generated like corn stover and switchgrass to ethanol, tainty and international trade rules and that by reduced countercyclical and LDP pay- are economically competitive with fossil are revenue-neutral, in terms of overall fed- ments for corn, wheat, and soybeans—to per- fuels; eral spending. Four overarching themes con- manent disaster assistance and promoting 5. Encouraging farmer ownership of eth- nect these recommendations: new income-generating opportunities for anol plants; Securing a robust, economically vibrant farmers in markets such as biofuels, renew- 6. Balancing domestic tax credits with an future for American agriculture in the 21st able electricity, carbon sequestration, and import duty of similar size, so that U.S. tax- century requires a more expansive and cre- conservation. payers do not subsidize ethanol imports to ative approach to farm policy. A continued Third, Congress should establish a Value- the detriment of American producers. federal commitment to the financial secu- Added Equity Creation Program to provide Extend the small producer renewable fuels rity and stability of the nation’s farm com- farmers and ranchers with no-interest re- tax credit beyond 2008 for plants that are at munity is essential at a time when volving loans so that they can participate in least 40 percent locally-owned and for cel- globalization, technological change, environ- high-value agriculture-related business op- lulosic ethanol plants. Consolidate all cel- mental concerns, high energy costs, inter- portunities, such as biofuels plants and wind lulosic biofuels loan guarantee programs national pressure to cut traditional sub- projects. Producers should be eligible to par- into a single program at USDA and establish sidies, and continued urbanization all pose ticipate if their primary occupation is farm- an energy security trust fund to provide con- new challenges for agriculture. To help farm- ing and should be able to receive up to sistent funding for that program. Success- ers respond effectively while continuing to $100,000 in interest-free loans for equity in- fully commercializing the production of eth- undergird U.S. competitiveness, federal pol- vestments in qualifying value-added enter- anol and other fuels from cellulosic (i.e., icy must evolve to encompass a broader set prises (as certified by the U.S. Department of woody or fibrous) plant materials would dra- of issues and successfully leverage multiple Agriculture (USDA)). matically expand the potential contribution Finally, in recent years, Congress has fre- synergies. of biofuels in terms of displacing current pe- quently passed annual emergency spending An emphasis on new markets and on in- troleum use and associated carbon emis- bills to provide agricultural producers with creasing farmers’ equity share in value- sions. Implementing many existing loan disaster assistance. While these measures added enterprises provides the best founda- guarantee programs through three separate have provided important relief to farmers tion for expanding opportunity in rural com- federal agencies makes little sense. USDA and ranchers, they have been ad hoc in na- has considerable experience in implementing munities. Biofuels, renewable energy like ture and off budget. As a result, Congress wind power, carbon sequestration, and habi- loan guarantee programs and expertise in may decide to establish a permanent disaster evaluating biofuels projects through its Of- tat preservation for recreation and hunting assistance program, administered by USDA, are just some examples of agriculture-re- fice of Energy. Therefore, Congress should to provide ranchers and farmers with assist- consolidate all federal biofuels grant and lated activities that can significantly aug- ance for clearly defined disaster conditions. ment and diversify future sources of income loan guarantee programs at USDA and estab- If so, we recommend that Congress replace lish a national energy security trust fund to for America’s farm families. Targeted poli- the current system of ad hoc off-budget cies are needed to increase farmers’ stakes in provide at least $1 billion per year in loan emergency supplemental spending bills, guarantees and grants to promote necessary the new wealth generated by these emerging make the permanent disaster assistance pro- markets. advances in production technology and bio- gram on-budget as part of the Farm Bill, and science. Increasing the role of America’s farms in include a reasonable benefit cap of $250,000 energy production can be achieved at a net Establish a demonstration cellulosic per farm or ranch in any single year. If a rea- biofuels feedstock program. Congress should savings to the federal budget because in- sonable benefits cap is imposed, net federal creased demand for corn and other crops to establish a new set-aside program to dem- outlays for disaster assistance should be re- onstrate how the cultivation and harvesting serve the rapidly growing alternative-fuels duced compared with the current off-budget market will naturally reduce outlays for tra- of cellulosic feedstocks could be accom- approach. plished in an economically attractive man- ditional ‘‘safety net’’ programs. New eco- To promote biomass-based alternative liq- ner. Following the model of several existing nomic research suggests that explosive uid fuels, Congress should: growth in ethanol production will lead to Expand and extend the recently-adopted programs, the 2007 Farm Bill should provide higher prices not only for corn, but also for renewable fuels standard (RFS) to reach at a modest payment to landowners who con- soybeans and wheat, as acreage now in these least 10 billion gallons per year by 2010, 30 vert existing cropland to grow cellulosic crops is shifted to corn. These market shifts billion gallons per year by 2020, and 60 billion biofuel feedstocks for nearby cellulosic are expected to dramatically reduce counter- gallons per year by 2030, as proposed in bi- biofuels plants in ways that improve wildlife cyclical and loan deficiency payments for partisan legislation introduced in the U.S. habitat, reduce soil erosion, and protect certain crops, potentially freeing billions of Senate. This step would lead to expansion of water quality. New lands to be set aside dollars each year for farm programs that biofuels markets beyond the E–10 market under such a program should be capped at have broad political support and that gen- and spur new investment in the next genera- 500,000 acres for the duration of the 2007 erate promising, and ultimately more self- tion of advanced biofuels technologies, such Farm Bill. Establish policies to encourage a rapid in- sustaining, economic opportunities in the as cellulosic ethanol. crease in the number of flexible fuel vehicles long run. Promote the use of higher blends of eth- Federal action to establish a mandatory anol in the existing fleet of automobiles by sold in the United States and the installa- program to limit greenhouse gas emissions is instructing the Environmental Protection tion of E–85 pumps and blender pumps at gas- sensible and will provide agricultural pro- Agency to conduct analysis of the viability oline stations. For example, we recommend ducers with significant new market opportu- of using higher blends of ethanol (including extending the existing tax credit for install- nities. The agriculture sector is in a unique E–15, E–20, E–30, and E–40) in the existing ing E–85 refueling stations and redesigning it position to lead in—and benefit from—efforts fleet of automobiles by January 1, 2009. to provide relatively greater benefits in the to address climate change. Expanded demand Extend the existing volumetric ethanol ex- near-term to encourage more rapid deploy- for biofuels is an obvious example, but ranch cise tax credit (VEETC) to 2020 while simul- ment of E–85 infrastructure. We also rec- and farm lands are also well-suited for future taneously restructuring this program in ommend clarifying that blender pumps be el- development of renewable electricity sources ways that account for expected growth in igible for the tax credit, since in the long run (e.g., wind and solar power) and carbon se- corn ethanol production under an expanded it will make more sense to install blender questration. national RFS. After the current tax incen- pumps that are capable of dispensing a range tive authorization expires in 2010, Congress of ethanol blended fuels. Congress also SUMMARY OF RECOMMENDATIONS should look for ways to ensure that the cost should consider more attractive expensing Continue to provide economic stability of the tax credit—in the context of other and accelerated depreciation options to en- through existing countercyclical programs, policies and expected ethanol production vol- courage installation of E–85 and blender while investing in market-based opportuni- umes—remains acceptable, while ensuring pumps in lieu of tax credits. ties for agriculture and addressing new that new and innovative biofuels project are To promote renewable electricity produc- sources of financial insecurity through a per- provided the support they need to be success- tion and other renewable energy projects on manent disaster program: ful. Among the criteria that Congress should farms and ranches, Congress should: First, the core of the federal farm program use to design the post–2010 biofuels tax cred- Establish a national renewable portfolio must be a strong countercyclical program its are: standard (RPS) along with complementary based on the two countercyclical elements of 1. Limiting the overall cost of the tax in- policies to promote maximum development the current farm bill: (1) a robust marketing centives to the government; of cost-effective renewable energy potential loan program that treats all producers equal- 2. Encouraging expansion of the industry on agricultural lands. Such policies to pro- ly and (2) a partially decoupled counter- by ensuring that investments in new plants mote renewable energy have been adopted by cyclical program. Individual farm benefits and recently-built plants can be fully amor- 21 states and the District of Columbia and should be capped at $250,000 per year and eli- tized; Congress should now take action to adopt a

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7601 portfolio requirement at the federal level. ties) where such construction or expansion is verifying carbon reductions achieved Moreover, federal policies to promote renew- cost-effective and offers substantial public through terrestrial sequestration. able energy should encourage the siting of policy benefits in terms of facilitating the Establish tax incentives, such as federal new projects on farm or ranch lands wher- development of clean, domestic renewable tax refunds for local and state property ever possible. Given that the use of these resources. Under such a program, loans taxes, for farmers and ranchers who enroll lands would be far preferable to new develop- would be provided by eligible government en- land in a carbon trading program that works ment in wilderness areas and would simulta- tities to qualified private entities seeking to in tandem with entities that buy, sell and neously provide important economic benefits finance eligible transmission infrastructure. trade carbon credits. for rural communities, an appropriate policy Such bonds would assure the availability of Direct USDA to work with other state and goal would be to satisfy at least two-thirds financing for transmission at significantly federal agencies on continued economic and of a national RPS with renewable energy lower cost than presently available in the technical research on different options for production on agricultural lands. In addi- market. They could be used both for new sequestering carbon and on better methods tion, a federal RPS should be designated to transmission and for upgrades to existing fa- of documenting sequestration for market complement and not pre-empt any state re- cilities (for example, to address transmission participation. quirements (which may be more ambitious) constraints in west Texas and Minnesota, To advance widely supported environ- and should apply equally to all large retail where substantial wind development oppor- mental habitat-preservation, and open-space electricity providers. (To simplify implemen- tunities exist, or to access renewable energy objectives while creating additional income- tation requirements and to address supply projects anticipated as a result of the Rocky generating opportunities for farmers and and price concerns, it may be appropriate to Mountain Area Transmission Study maximizing potential business opportunities exclude rural electric coops and small mu- (RMATS) in the Western Interconnect. In ad- related to hunting, fishing, and other forms nicipal utilities.) dition, current private use restrictions appli- of outdoor recreation, Congress should: Expand and strengthen existing programs cable to projects that receive tax-exempt Expand existing conservation programs: outside the Farm Bill that promote renew- bonds should be reviewed to assess whether 1. Expand the Conservation Reserve Pro- able energy development and related tech- they create unnecessary additional hurdles gram at 40 million acres; nology advances. To provide investment cer- to investment. 2. Expand the Wetlands Reserve Program tainty, existing renewable-energy production Explore further opportunities for an ex- at 5 million acres, with annual enrollment tax credits (PTCs) should be extended for ten panded federal role in directly facilitating capped at 250,000 acres per year; years and funding for related research, devel- the implementation of, and providing re- 3. Expand the Grasslands Reserve Program opment, demonstration, and early deploy- sources for, investments to enhance grid ca- at 5 million acres, with annual enrollment ment efforts should be increased. In addition, pacity and to promote a more efficient, capped at 500,000 acres per year; such programs should be modified so that in- seamless, and reliable transmission system 4. Increase funding for the Farm and Ranch centives can be taken against non-passive in- nationwide. Lands Protection Program to at least $300 come. The Community Renewable Energy Reauthorize and expand USDA’s Energy million per year. Bonds (CREBs) program should be extended Audit and Renewable Energy Development 5. Implement the Conservation Security and expanded, with a substantial sum set Program under Section 9005 of the 2002 Farm Program on a nationwide basis on all work- aside for rural electric cooperatives and mu- Bill. This program to assist farmers, ranch- ing lands. nicipal utilities. ers, and rural small businesses in becoming Enact ‘‘Open Fields Bill’’ to provide $20 Establish a Rural Community Renewable more energy efficient and in using renewable million per year in federal funds to supple- Energy Bonds program to provide a federal energy technology and resources has never ment state ‘‘walk in’’ programs that give incentive for local private investment in re- been funded. It should be reauthorized with a farmers and ranchers financial incentives to newable energy to complement the PTC and goal of performing audits of 25 percent of all expand public access to their lands. CREBs programs. This new initiative would farms and ranches over the time horizon cov- EXHIBIT 2 be limited to projects of not more than 40 ered by the next Farm Bill and funds suffi- MW; where at least 49 percent of the project cient to achieve that goal should be appro- Hon. HARRY REID, is owned by entities resident within 200 miles priated in the future. Majority Leader, of the project site. Reauthorize and expand USDA’s Rural De- U.S. Senate. Expand the capacity of the existing federal velopment Business Renewable Energy and Hon. JEFF BINGAMAN, power administration transmission system. Energy Efficiency Program (Section 9006 of Chairman, Energy & Natural Resources Com- The federal power marketing administra- the 2002 Farm Bill). This program currently mittee, U.S. Senate. tions (PMAs) own and manage a vast net- provides a modest number of grants—$23 mil- Hon. MITCH MCCONNELL, work of existing power lines, which should be lion per year—to support renewable energy Minority Leader, U.S. Senate. substantially expanded to provide the addi- and energy-efficiency projects. Future fund- Hon. PETE V. DOMENICI, tional capacity needed to tap cost-effective ing should be scaled up over the next 5 years Ranking Member, Energy & Natural Resources renewable energy resources. Congress should to at least $500 million per year and the pro- Committee. direct the federal power administrations to gram should be expanded to enable partici- Dear Senators REID, MCCONNELL, BINGA- pursue this objective under a structure in pating agencies to provide grants for feasi- MAN and DOMENICI: As a diverse group of cor- which non-benefiting PMA customers do not bility studies and loan guarantees for project porations, manufacturers, electric utilities, shoulder the cost and preference is given for development. As long as feasibility studies renewable energy developers, labor organiza- system investments that maximize prom- are accurately performed, the cost to the tions, farm groups, faith-based organizations ising opportunities for renewable energy de- federal government of providing loan guar- and environmental advocates, we are writing velopment on agricultural lands. Priority antees for up to 75 percent of project costs to urge the Senate to include a national re- should be placed on the expansion of the should be fairly small. In addition, Congress newable portfolio standard (RPS) in energy Western Area Power Administration (WAPA) should consider modifying the program to (1) security legislation that may soon be consid- and Bonneville Power Administration (BPA) increase loan guarantees for cellulosic eth- ered by Congress. An RPS is an essential transmission systems. The PMAs also should anol facilities to at least $100 million per component of a broader national energy be authorized and encouraged to enter into project, and $25 million for other projects, (2) strategy, because it will held the nation to partnerships with non-federal parties for the create a rebate program to streamline the take full advantage of the abundant domes- siting, planning, and construction of trans- application process for smaller, standardized tic renewable resources available for the mission lines; the participation of PMAs can projects by reducing the paperwork burden, generation of electricity. streamline siting by avoiding multiple state and (3) expand eligible applicants to include An RPS is a market-based mechanism that siting authorities. agricultural operations in non-rural areas requires electric utilities to include a spe- The Department of Energy (DOE) should (such as greenhouses) and schools. cific percentage of clean, renewable energy designate the Heartland Transmission Cor- To promote markets for carbon sequestra- in their generation portfolios, or to purchase ridors ‘‘National Interest Electric Trans- tion and other cost-effective greenhouse-gas renewable energy credits from others. By mission Corridors’’ pursuant to the Energy mitigation measures on farm and ranch substantially increasing renewable elec- Policy Act of 2005. Federal assistance in the lands, Congress should: tricity generation, the RPS would enhance form of an expanded role for WAPA as a Establish a national, mandatory, market- national energy security by diversifying our facilitator for planning and investment, and based program to reduce economy-wide sources of electric generation. At a time a 20 percent matching investment from the greenhouse gas emissions that provides sub- when the United States is increasing energy federal government would go a long way to- stantial market opportunities for cost-effec- imports, an RPS would make America more ward addressing cost and siting hurdles, en- tive carbon sequestration on farm and ranch energy self-reliant. The reduction in the use couraging state cooperation, and ensuring lands. Specifically, agricultural producers of fossil fuels to generate electricity would that needed transmission system enhance- should have the opportunity to participate also limit fuel price volatility, which is im- ments are implemented. fully in the carbon markets that will be cre- portant to both industry and consumers. In Congress should authorize $1 billion per ated under a greenhouse gas trading pro- fact, the U.S. Department of Energy’s own year for five years to provide tax-exempt gram. To facilitate this participation, pri- Energy Information Administration has bonds for the construction of transmission ority must be given to establishing robust, found in several studies that an RPS would facilities (or the expansion of existing facili- well-defined protocols for measuring and actually cause natural gas prices to decline.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7602 CONGRESSIONAL RECORD — SENATE June 13, 2007

Increasing the market share for renewable Wind, EcoEnergy LLC, Electric Power Engi- EXHIBIT 4 energy resources would also have substantial neers, Enerpro, FAW Foundry, Foresight NATIONAL FARMERS UNION, environmental benefits. An RPS is one of the Wind Energy, Excellent Energy Solutions, June 11, 2007. most important and readily available ap- General Compression, Hopwood, Greenwing Hon. HARRY REID, proaches to reducing greenhouse gases from Energy, Hailo, HMH Energy Resources, Majority Leader, U.S. Senate, Washington, the electricity generation sector. In addi- Pandion Systems, ReEnergy, Tamarack En- DC. tion, an RPS also would help reduce conven- ergy, Mariah Power, Molded Fiber Glass Hon. JEFF BINGAMAN, tional pollutants including nitrogen oxide, Companies, Oak Creek Energy Systems, Si- Chairman, Energy & Natural Resources Com- sulfur dioxide and mercury emissions. mittee, Washington, DC. Moreover, a national RPS will produce erra Club, Padoma Wind Power, Project Re- Hon. MITCH MCCONNELL, substantial economic benefits. The addi- sources, RSMR Global Resources, Signal Minority Leader, U.S. Senate, Washington, DC. tional investment in renewable electric gen- Wind Energy, Sustainable Energy Strategies, Hon. PETE V. DOMENICI, eration would create hundreds of thousands The Conti Group, TMA, Inc., Oregon Rural Ranking Member, Energy & Natural Resources of well-paying jobs. In addition, because Action, Venti Energy, Wind Turbine Tools, Committee, Washington, DC. many renewable resources are located in re- Windland. DEAR SENATORS REID, MCCONNELL, BINGA- mote areas, rural America will experience a WindRose Power, Winergy Drive Systems, MAN, and DOMENICI: On behalf of the farm, substantial economic boost. Winergy Power, Appropriate Energy, Castaic ranch and rural members of National Farm- We believe the time has come for Congress Clay Products, Cannon Power, TOWER Lo- ers Union (NFU), I am writing to urge you to to move quickly to enact national RPS legis- support inclusion of a strong national renew- lation. The costs of inaction for our environ- gistics, Energy Development and Construc- able portfolio standard (RPS) in energy secu- ment, national security and economy are too tion Corp., Institute for Environmental Re- rity legislation and oppose attempts to high. Although more than 20 states have search and Education, RENEW Wisconsin, weaken it when the Senate considers this adopted individual RPS programs, the coun- Fallon County Disaster & Emergency Serv- ices, Stevens County (KS) Economic Devel- issue in the coming days. try will not realize the full potential for re- Rural America has the greatest potential opment, Dakota Resource Council, Montana newable electricity without the adoption of a for generating significant amounts of clean, Department of Environmental Quality, West Federal program to enhance the states’ ef- renewable energy. A RPS that ensures a forts. Wind Wires, Interwest Energy Alliance, Con- growing percentage of electricity is produced Thank you for your consideration of this cord Energy Policy Group, Renewable North- from renewable sources, like wind power, important matter. west Project, Friends Committee on Na- will provide long-term, predictable demand Sincerely, tional Legislation, American Lung Associa- that will allow the industry to attract in- GE, BP America, Inc., National Venture tion of the Central States, Tompkins Renew- vestment capital and rural America to har- Capital Association, Miasole, Wisconsin able Energy Education Alliance, Alaska Wil- ness wind energy potential. Power and Light, National Council of derness League, 1000 Friends of Wisconsin, Passage of a robust RPS will significantly Churches of Christ in the USA, Technet, Citizens Campaign for the Environment, accelerate efforts to enhance our energy se- APX, Inc., Alliant Energy, Sempra Energy, Grassroots Citizens of Wisconsin, NH Sus- curity by diversifying our sources of elec- Shell Wind Energy, Inc., Solar Turbines, tricity and limiting our dependence on for- Inc., Business Council for Sustainable En- tainable Energy Association, Southwest Wis- eign sources of energy. Additionally, a RPS ergy, Alliant Energy, Invenergy LLC, Owens consin Progressives. would create new economic opportunities in Corning Composites System Business, Leeco Cabazon Wind Energy, Zephyr Lake Ener- rural America. Local, community and farm- Steel, Clipper Wind Power, Inc., Google, gies, Hodge Foundry, Commonwealth Capital er-owned renewable energy development United Steelworkers, Edison International, Group, Mankato Area Environmentalists, projects are key to providing economic and Pacific Gas & Electric, Union for Reform Ju- Clean Wisconsin, Missourians for Safe En- social benefits, while providing an economic daism, GT Solar, PPM Energy, Inc., Avista ergy, Oklahoma Wind Power Initiative, base for further rural economic development. Utilities, Horizon Wind Energy, Enel NA, OverSight Resources, Kansas Rural Center, A robust RPS would create hundreds of thou- D.H. Blattner and Sons, Applied Materials, Chesapeake Climate Action Network, sands of good paying jobs, provide billions of Inc., Greene Engineers, Oregon Steel Mills, Greenpeace, Southern Alliance for Clean En- dollars in new income to farmers and ranch- LM Glasfiber ND, Inc., Noble Environmental ergy, Clean Power Now, RMT/WindConnect, ers and generate significant local tax reve- Power, enXco, Interstate Power and Light, The Land Institute, Western Colorado Con- nues that can be used to fund other impor- National Audobon Society, American Wind gress, Idaho Rural Council, Clean Water Ac- tant priorities. Energy Association, Blue Green Alliance, NFU believes Congress should move quick- Big Crane & Rigging Company, Iberdrola tion, Coulee Progressives, League of Con- servation Voters, Penn Future, REACH for ly to enact national RPS legislation and we U.S.A., Natural Resources Defense Council. urge you to support efforts to do so during DMI Industries, Union of Concerned Sci- Tomorrow, The Minster Machine Company. floor consideration of the Renewable Fuels, entists, Lake Superior Warehousing, Rocky EXHIBIT 3 Consumer Protection and Energy Efficiency Mountain Farmers Union, Pennsylvania Act of 2007. Interfaith Climate Campaign, Interfaith FPL GROUP, INC., Sincerely, Power & Light, Environmental Law and Pol- Washington, DC, June 11, 2007. TOM BUIS, icy Center, Western Organization of Re- Hon. JEFF BINGAMAN, President. source Council, ATS Wind Energy Services, Chairman, Committee on Energy and Natural BioResource Consultants, Bosch Rexroth Resources, Washington, DC. EXHIBIT 5 Corporation, Castle & Cooke Resorts, DEAR CHAIRMAN BINGAMAN: Please consider AMERICAN WIND ENERGY ASSOCIATION, Chermac Energy Corporation, Dominion En- this letter an endorsement of the Renewable June 11, 2007. ergy, EFormative Options, Energy Unlim- Portfolio Standard (RPS) amendment you Re Please Support Bingaman RPS Amend- ited, Enertech, Environmental Stewardship intend to offer during upcoming Senate con- ment, Oppose Domenici CPS Amendment & Planning, Eurus Energy America, FPC sideration of energy legislation. Hon. HARRY REID, Services, Generation Energy, Green Energy Senate Majority Leader, Washington, DC. As you may know, FPL Group, comprised Technologies, Gro Wind I, Highland New Hon. JEFF BINGAMAN, Wind Development, Knight & Carver, LAPP of two major subsidiaries, Florida Power & Chairman, Committee on Energy & Natural Re- Resources, Louis J. Manfredi Consulting, Light (FPL) and FPL Energy (FPLE), is one sources, Washington, DC. Mackinaw Power, Mizuho Corporate Bank, of America’s cleanest, most progressive en- Hon. MITCH MCCONNELL, Nordex USA, Old Mill Power Company, ergy companies. Our commitment to the en- Senate Minority Leader, Washington, DC. Otech Engineering, Phoenix Contact, Renew- vironment is manifested by FPL’s diverse Hon. PETE V. DOMENICI, able Energy Consulting Services, San generation mix and by FPLE’s largely re- Ranking Member, Committee on Energy & Nat- Gorgonio Farms, SIPCO (MLS newable energy portfolio. FPLE operates two ural Resources, Washington, DC. Electrosystem), TCI Renewables Limited, of the largest solar projects in the world, DEAR SENATORS: As the full Senate begins Tideland Signal, Trinity Structural Towers, over 1,000 megawatts of hydroelectric power, consideration of comprehensive energy legis- Varelube Systems, Wind Capital Group, Wind a number of geothermal projects and several lation this week, the American Wind Energy Utility Consulting, WindLogics, Windsmith. biomass plants. Additionally, FPLE is the Association (AWEA) respectfully urges Sen- PowerWorks, Physicians for Social Re- world’s largest generator of wind power. ators to vote in favor of the Bingaman re- sponsibility, McNiff Light Industry, Citizen’s newable portfolio standard (RPS) amend- Utility Board, Great Southwestern Construc- We appreciate your leadership on this im- ment and against the Domenici clean port- tion, RES America, JPW Riggers, AES Wind portant issue and support your efforts to folio standard (CPS) amendment. Generation, Suzlon Wind Energy, U.S. PIRG, enact a fair and balanced RPS in order to in- In order for our nation to seriously address University of Alaska, Fairbanks, Atlantic crease the amount of non-emitting elec- the challenges of energy security and global Testing Laboratories, National Environ- tricity generation in the United States. climate change we need an effective renew- mental Trust, AWS Truewind, Big Stone Sincerely, able electricity standard that will drive new Wind, CAB, Inc., Bluewater Wind, BQ En- MICHAEL M. WILSON, investment and job growth in the renewable ergy, Competitive Power Ventures, Chinook Vice President, Governmental Affairs. energy sector. The Bingaman RPS proposal

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7603 would assure crucial progress toward this vi- taged because they don’t have wind. As member of the committee, is pretty tally important objective. Unfortunately, a result, they have to go buy or be lucky. He can step down and go out and however, the Domenici CPS amendment in- taxed to offset the differences. That is leave things vacant for a little while, cludes numerous exemptions and loopholes that would undermine the effectiveness of unfair. Many of us believe it is unfair. and the man behind me, LARRY CRAIG, the effort to promote renewable energy. We also believe RPS is not an obsolete will soon take over. No one will know A core weakness of the CPS proposal is its standard but an old one. anything was missed. If anything, they inclusion of language that could allow vir- About 3 years ago, people looking at will figure things got better. He is very tually any form of electricity generation to a broader portofolio of energy said: We good at it, and I thank him for all the qualify as ‘‘clean.’’ The CPS amendment ought to expand the standard. Today’s help he has given me. Other cosponsors would allow the Secretary of Energy to des- mantra in energy, whether it is the are Senators BENNETT, CRAPO, GRAHAM, ignate ‘‘other clean energy sources’’ that could qualify for clean energy credits with- Senators from New Mexico or this Sen- and MURKOWSKI. out placing any parameters on such designa- ator, who is one of the senior members I am saying there is a far better way tions. In addition, it is noteworthy that util- of the Energy Committee, is: Clean. to reach the goals Senator BINGAMAN ities would receive credit for electricity gen- America will not build new energy pro- wants, and we don’t have to harm so erated from technology that captures and duction unless it is clean. That is what many States in doing it. What we stores carbon, but the amendment does not RPS was originally heading us to- ought to know right up front is that specify that a utility must actually employ you have to go ahead and choose some- carbon capture and storage to receive cred- ward—cleaner renewable energies. So thing. Senator BINGAMAN chose to put its. why shouldn’t we expand that portfolio Also of concern is an important loophole in from wind and bio to some additional two or three things in his. Before I am the CPS amendment that would allow states new forms—new nuclear, very clean; finished, I think I can convince you to waive program requirements. The CPS new hydro, yes, but limited; coal se- that everybody who has looked at it amendment would allow states with existing questration or carbon sequestration, says that in its application, it is pre- requirements to opt out of the Federal re- clean; efficiencies, less use, less de- dominantly a wind amendment. It says quirements based solely on the state’s own a couple other things, but when you determination that it has a measure in place mand. Shouldn’t they also be in this that is ‘‘comparable to the overall goal’’ of new portfolio? I say yes. America, look at it as to what is done, I am safe the Federal program. This vague standard is when they understand it, would say in calling our battle a battle between not further defined. In contrast, the Binga- yes. wind in every State, forced upon them man RPS proposal would not interfere with Right now there is a niche market, a at the level of 15 percent of what their the ability of utilities to comply with state very narrow one, for limited use in cer- utilities use in energy. Every single RPS programs. The state opt-out provision tain capacities and greater use in oth- State will have to have that by a time in the CPS proposal would lead to substan- ers. I see windmills coming up across certain, whether they can do it or not. tially reduced renewable energy investment If they can’t do it, they will be penal- and employment. my State today. Why? Because we have Our nation’s citizens overwhelmingly sup- wind, and they are subsidized. There is ized. port increasing the generation of electricity an advantage to do so. But you don’t I want to take a quick look at this from renewable sources like wind, biomass see windmills coming up in Florida and map. Here is a map that shows what we and solar power. The Bingaman RPS amend- other places in the South because there are talking about. If you look at it, ment would meet this demand and put our is not the kind of prevailing winds that you see the United States. You see the nation on a path that increases the role of sustain a 25- to 30-percent production eastern seaboard is white. Then you see clean domestic energy in meeting our elec- some inlets of water. Then you see it is tricity needs. We urge its enactment without efficiency of these particular kinds of the addition of weakening changes such as units. white again. That means there is not those included in the Domenici CPS amend- Senator DOMENICI has just arrived. I enough wind in those areas to move the ment. will let him pick up the debate because wind turbines enough for them to be Thank you for your time and attention to he has led with this issue. I have been used to accomplish the goals of this this vitally important matter. a supporter of it and have helped de- bill. Then if you look out in the west- Sincerely, velop this issue. I believe it is time we ern part, you see very big pieces of the RANDY SWISHER, West that are white, all the way Executive Director. modernize, move to clean energy, and reward the utilities that produce clean through this white versus blue and The PRESIDING OFFICER. The Sen- dark blue. The white is what Senator ator from Idaho. energy. It does not disadvantage an BINGAMAN calls wind energy. It is Mr. CRAIG. Mr. President, Senator RPS. It simply expands and modernizes clean, but it is wind. I don’t believe we DOMENICI will be to the Chamber in a it into the concept of energy we are should do it that way. few moments and is preparing to speak looking for today in the American en- I have said, since you all want some- to the second degree to the Bingaman ergy portfolio. thing, I am going to suggest that you amendment the chairman has outlined. I yield the floor. want clean—not his words, my words— In doing so, I will touch for a few mo- The ACTING PRESIDENT pro tem- a clean energy portfolio. If it is clean ments on some of the differences be- pore. The Senator from New Mexico. and available, you ought to put it in so tween an RPS and a CPS and some of Mr. DOMENICI. Mr. President, I they can use it. So you will find that is the value of broadening the portfolio apologize to Senator BINGAMAN for not what I have done. The clean energy Senator BINGAMAN is talking about to hearing all of his speech. I was de- portfolio standard provides a com- create greater advantages nationwide tained. They told me he had started. I for a larger amount of clean energy. thought they would tell me a few min- prehensive, technology-neutral pro- There is no question that RPS, as we utes before. I had to drive from down- gram to ensure that clean energy will know it, invented in the mid-1990s as a town. I apologize for that. make up for an ever-increasing portion concept, evolving now to 23 States hav- Senator BINGAMAN and I have been of our Nation’s electricity operation. ing accepted some form of an RPS doing our best to remain bipartisan. The clean portfolio standard requires standard, has a very strong bias for But on this issue, I can’t do that. He electric utilities to produce a set per- wind and biomass. It is there. We sub- will go his way and I will go mine. His centage of electricity from clean en- sidize wind today. The letter the Sen- amendment is on the bottom and my ergy sources, ramping up to an enforce- ator introduced from the wind industry amendment is on top. I have offered able goal of 20 percent by 2020. So it is is reflective of the phenomenal subsidy mine as a second-degree amendment to 20 by 20, and it is a clean portfolio. they get and the advantage they get. his. My recollection of how we do this, Rather than pick winners and losers— We create a market niche for them when time has run out, unless other ar- and I stress this—rather than pick win- with an RPS, and then we subsidize rangements are made—and they could ners and losers between various clean them. Frankly, I am for that. Wind en- be—mine would go first. technologies that are or will be avail- ergy and the more of it we can have is I thank the cosponsors. Senator able in the future, the clean portfolio the right energy, along with all other CRAIG has just told us that he is a co- standard provides for all sources of forms. sponsor. He worked very hard. Clearly, clean energy—including solar, wind, What the Senator did not say was the you can see from the morning’s work geothermal, biomass, landfill gas, hy- Southeast is dramatically disadvan- that Senator PETE DOMENICI, ranking dropower, new nuclear power, and fuel

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7604 CONGRESSIONAL RECORD — SENATE June 13, 2007 cell quality—under the program. The ers. Unlike the RPS, the clean port- portfolio is almost all wind. How many clean portfolio also provides credit for folio standard recognizes that regional years do we intend to support wind innovative technologies that will allow differences in resources and geography with a subsidy so that this system will future traditional fuels to be burned in mean that we can’t create a one-size- work? Without wind, it will not work. a way that captures and sequesters car- fits-all. That is what I believe. That is It seems like right now, without a sub- bon emissions. We are going to do that. what I believe the Senate is going to sidy, it will not work. I do not know Somebody is going to make that break- say. Why pick a one-shoe-fits-all, when what the scientists working on it say. through. you can’t get it in. You can’t get any Will it soon not need any subsidy? Our bill provides that they can come foot in on the white up here in the They may say the subsidy can start in. Credit is further provided for reduc- north because you can’t get that much going away. Or how many years will it tions in electricity usage from pro- in the foot. You can’t create one that be they will have to have it? That puts grams that provide efficiency and will put it in and still have essentially me to thinking whether you should lower the amount of power that needs what is in the Bingaman amendment. have it at all. to be generated in the first place. Take a look at the chart from the Today, we have only Senator BINGA- Energy efficiency efforts such as de- National Renewable Lab. It shows MAN’s amendment and mine—both of mand response should be part of the so- where our Nation’s wind resources are them. His has all wind, and we have lution. Everybody tells us that demand located. Wind has no application in the some wind, so we are kind of admitting response is a way that, by managing it Southeast. The resources simply are we are going to keep it as long as we properly, you can get a very significant not available in an entire region of the can and pay for it as long as we can so savings. country. we can have that kind of nationwide— Finally, since we have faith in Amer- We cannot ignore the reality that or partially nationwide—program. ican engineers, the clean portfolio utilities in some regions cannot meet For the one I suggest, the clean one, standard encourages innovation by giv- the RPS mandate with the limited re- obviously, we use less wind and will ing the Secretary of Energy authority sources permitted because they are lo- still be clean, and no States will pay to provide credit for new clean tech- cated in regions that are not blessed any fines, no States will be given any nologies that may just be a twinkle in with ample renewable resources. slips that they are entitled to money in the inventor’s eye but which may revo- Wind power is the clear winner under the future. lutionize the way we produce and use an RPS. Advocates of the Federal RPS The clean portfolio standard results electricity. If that occurs during the call it the ‘‘wind power legislation.’’ in more clean energy actually pro- time, clearly it should be permitted to They are right—the only way to reach duced. It is not watered down. The come in. It doesn’t have to be here yet. a 15-percent requirement from the lim- clean portfolio standard would impose If it is invented in 5 years, we thank ited number of renewable resources a 20-percent standard—a full one-third the Lord and put it in and use it. We permitted under the Bingaman amend- higher—yet the proponents of the RPS don’t operate in stagnation and say: ment is from wind power. claimed this is a ‘‘watered down’’ pro- You are outside of our window. You are Wind is the clear winner in the RPS. gram. What is their complaint? That clean, but you don’t come in. We don’t This chart I have in the Chamber is we allow a greater number of resources give you credit. You go on with that based on an estimate prepared by Glob- same old wind technology. to qualify for credits under this pro- I am going to invite my friend from al Energy Decisions. As you can see, gram? It is true the clean portfolio standard Tennessee, LAMAR ALEXANDER, to come wind will be used overwhelmingly to down and share again with us what he attempt to meet the RPS requirement. allows the use of any nonemitting thinks about what he calls a wind The Union of Concerned Scientists con- source of power: including expanded economy. I can’t give that speech. I am curs, estimating that two-thirds of the hydropower, new nuclear powerplants, not that good. But I sure listen to him RPS requirements would likely be met fuel cells, clean coal technologies that because I think he is right. I don’t be- by new wind generation. I have told capture and sequester carbon, and en- lieve we want wind as the test of pro- you that already, that it would be al- ergy efficiency to meet the 20-percent viding an alternate renewable in every most all wind. Now I am telling you standard. State in the Union, even if there is in- that scientific groups that analyzed it Thus, the clean portfolio standard al- sufficient wind. And we don’t want agree with what I said. lows the use of a greater variety of those States paying fines because they The Federal Government has sup- technologies to meet a higher stand- can’t come in. I don’t think Senator ported wind power development since ard. The goal of this amendment is to BINGAMAN wants to pull out the 1992. I am not saying that is wrong. In provide a greater amount of clean en- States—I don’t know how many it fact, there will be much wind produced ergy from a greater diversity of energy would be, 10, 12, 13—and say: We aren’t under the Domenici amendment be- sources. Obviously, the clean portfolio going to do anything there. I think if cause much of the renewables will be standard does this much better than he did, he couldn’t call it national. But wind. It is that every State will not be the RPS proposal. he certainly would gain a lot of support required, and some will not have any Mr. President and fellow Senators, if it was fair. To make it fair, you can- because they cannot produce any. the clean portfolio standard allows not impose the same regulated wind re- The Federal Government has been al- States that develop their own portfolio quirement on States that have no wind lowing a production tax credit since we standards to opt out of the Federal pro- and then say: Let’s vote on this bill. first adopted it in 1992. Since then, we gram. Some are trying to label this The bill should not be voted on in that have spent in excess of $2 billion on provision as a loophole. It is not. In- way. In fact, those States that have it wind power development—from R&D, stead, it is a recognition that States that way ought to come down here and to the tax credit, to clean renewable should be afforded the right to develop say: We can’t vote on this bill. It is so energy bonds. their own clean portfolio approaches obviously wrong that we should not do We have made a lot of progress in the without Federal interference. We it. past 15 years. In 2006, installed wind should not penalize those States that Finally, since we have faith, we are power capacity was 11,600 megawatts— already have forged ahead by imposing going to expect innovation to be of- enough to power 3 million homes. The an inconsistent Federal mandate. fered to the Secretary of Energy while wind industry continues to grow. With The Federal RPS could cost billions. the years run. That innovation, if it a good subsidy, we continue to give it Here is an estimate prepared by Global produces something, will come to us to them. An additional 3,000 megawatts Energy Decisions. GED estimates and be put into the package we are is going to come on line by the end of which States can and cannot comply talking about that will start taking 2007. with a Federal RPS. As shown on the away white and turning it into blue be- So we support wind power. Wind chart, the orange States do not have cause we put new technology into the power is included in the clean portfolio the necessary renewable resources to area. standard I offer today. comply with an RPS. The majority of Unlike the RPS, the clean portfolio, What is interesting is—you have to the States—27—will not be able to the CPS, doesn’t pick winners or los- think ahead with me—the Bingaman meet the mandate.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7605 Let’s look at this another way—by rise to express my support for the watt-hour for the first 10 years you had population. This pie chart I have in the amendment offered by the senior Sen- one of these new nuclear powerplants Chamber represents those that will not ator from New Mexico. He has thought in production. We extended the Price be in compliance with a 15-percent re- the matter through very carefully and Anderson Act. We had loan guarantees newable portfolio standard. About two- described, I think, a hopeful approach, for the construction of new nuclear thirds of the U.S. population—66 per- one that recognizes technology in the plants—the first six, I believe. We had cent—will not be able to meet the new energy business is constantly chang- a substantial increase in funding for standard. ing, that opportunities are arising that nuclear research and development, and How will the States’ inability to we may not even think of now. we had a transfer to the Federal tax- meet this new electricity mandate im- One area where I have shown an in- payer of much of the expenditure for pact consumers? It is going to cost bil- terest is tidal energy, and we are in the safety and security that would other- lions. infancy of finding out about that. We wise have been borne by the industry. I have another chart. According to need to have an open-ended oppor- So there are a lot of things in there the study prepared by Global Energy tunity to find alternative energy to support the nuclear power industry. Decisions, the cumulative costs to con- sources. I still believe those are very good pro- sumers to comply with the RPS is $175 So with that, I thank the Senator visions, and I am in no way backing billion. The States hit the hardest are from New Mexico for his leadership on away from those. But now my col- those in the Southeast without access this issue and am happy to be a cospon- league has come to the floor and said: to wind power; Florida, Georgia, North sor of his amendment. OK, now let’s give them another sub- Carolina, Alabama, Kentucky, Ten- The ACTING PRESIDENT pro tem- sidy, another incentive to build nuclear nessee, Arkansas, Louisiana, and South pore. The Senator from New Mexico. power by including them as one of the Carolina. Mr. BINGAMAN. Mr. President, let ways you would meet the requirement The EIA recently concluded a study me make a few comments in response of this clean energy portfolio standard. on the 15-percent RPS mandate and to my colleague’s statement and in op- As I am sure anybody who was pay- found it would cost consumers $21 bil- position to his amendment, which he ing attention to our discussion yester- lion. Obviously, that is still a tremen- has designated the clean energy port- day would know, I believe Senator dous cost to pass on to the consumer. folio standard. I think people need to DOMENICI made this point very strong- However, the EIA has used some ques- understand what his amendment pro- ly: Since we passed the 2005 bill, there tionable assumptions in its analysis vides, and let me try to explain that. has been a resurgence in interest on that have been rejected not only by the This amendment purports to be sig- the part of various companies that utility industry but by all 10 South- nificantly stronger than the 15-percent want to build new nuclear powerplants. eastern public utility commissions—bi- requirement I have proposed as part of I think there are some 30 letters of in- partisan watchdogs for the ratepayers. the renewable portfolio standard I have tent currently pending at the Nuclear With this amendment, we keep our sent to the desk. It actually, though, Regulatory Commission stating that eye on the ball. The true goal of this accomplishes very little in driving the companies are looking seriously at fil- legislation is an increase in the development of new technologies for ing applications for the construction of amount of electricity generated by electricity supply. new powerplants. So the expectation is clean technologies, reducing the emis- The amendment talks about a target that we are going to have a lot of new sions in our environment. of 20 percent clean energy resources by nuclear powerplants constructed in Our goal is not to promote one or two 2020, but when you look at it carefully, this country over the next decade, and or three specific technologies over an- it is a recipe for business as usual, I, frankly, hope we do because I think other. In fact, the only way to ensure given all the other things that are that is an essential part of meeting our that the cost to the consumer is miti- going on and in the planning stages. energy needs. But we do not need to gated to the maximum extent is to There are various reasons why I say further incentivize that by including avoid the temptation to pick winners that. First of all, it is very clear from them as part of a renewable or a clean and losers between technologies that his amendment that existing nuclear energy portfolio standard as the all move us toward one goal. power is subtracted from the base Domenici amendment would have us To limit the number of qualifying re- against which the requirement is meas- do. sources to a handful of existing tech- ured. Now, what does that mean? What He talks about how the amendment I nologies is to ignore the history of that means is that instead of taking have offered is strictly a wind type of rapid acceleration of scientific and 100 percent, you say: OK. How much of incentive; it is a program to encourage technological development in this our current electricity supply comes construction of more wind energy. country. from nuclear power? About 20 percent. That is directly contrary to what has Do the sponsors of the RPS truly be- You subtract that, and you are then been stated by the Energy Information lieve that innovation is dead? Only a left with the remaining 80 percent; and Administration. In their analysis, they handful of existing technologies qual- that remaining 80 percent is what he concluded very clearly that wind en- ify under the RPS. This assumes there calculates his 20 percent against. So, in ergy would be expected, under this will be no breakthroughs in the way we fact, 20 percent of 80 percent gets you amendment I have offered, to increase produce electricity for the next 23 down to 16 percent—rather than a 20- 50 percent; that biomass energy pro- years. percent requirement. duction, electricity production from I believe the incentive of a clean He also has a provision in here that biomass, which is already twice as portfolio standard, combined with envi- says incremental nuclear power is large as energy production from wind, ronmental concerns and rising prices counted for full credit. Now, that would be expected to increase 300 per- for traditional fuels, will produce an means any new powerplant that is cent rather than 50 percent, as is the ideal climate for technological innova- built is new energy and helps to meet case with wind; and that energy pro- tion. the requirement that would be imposed duction from solar would be expected I ask my colleagues to support this by his amendment. Let me say, first of to increase 500 percent. So it is clear to amendment. I think it is the best way all, I worked very closely with Senator me that this is not just a wind energy to do it. We will have more to say dur- DOMENICI in supporting additional in- amendment I have proposed. Our ing the afternoon. centives and additional supports—sub- amendment talks about meeting the With that, I yield the floor and thank sidies, in fact—for the nuclear energy requirements from solar power, from the Senate for the time I was given and industry in the 2005 Energy bill we wind power, from geothermal power, for listening. passed. We put a variety of things into from biomass power, from ocean. The ACTING PRESIDENT pro tem- law to encourage the construction of The Senator from Utah was just on pore. The Senator from Utah is recog- new nuclear powerplants in this coun- the Senate floor talking about his sup- nized. try. We put in regulatory risk insur- port for the idea of energy from tidal Mr. BENNETT. Mr. President, I shall ance. We put in a production tax cred- waves. We have that included. That is not take a great deal of time. I simply it, which I think was 1.8 cents per kilo- one of the new renewable energy

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7606 CONGRESSIONAL RECORD — SENATE June 13, 2007 sources which we contemplate. Incre- Let me conclude my comments at Mr. CRAIG. Mr. President, I ask mental hydro—so that if we have a hy- this point by saying that my own read- unanimous consent that the order for droelectric facility and one wants to ing of the proposal Senator DOMENICI the quorum call be rescinded. increase the amount of power from has made here as a second-degree The ACTING PRESIDENT pro tem- that facility, we count that against the amendment to mine is that it really pore. Without objection, it is so or- requirement; landfill gases as well. So I gets us to the worst of all locations in dered. think all of that is included, and all of the debate or in our deliberations on The Senator is recognized. it would be increased significantly. this issue. It is a Federal program that Mr. CRAIG. Mr. President, I will Let me also talk about the issue of does not result in the generation of speak for a few moments. The Senator subsidies. I went through a list of the electricity from clean energy sources from Tennessee is here and waiting for various subsidies we provide in the 2005 beyond what otherwise would be ex- some charts to visit about the issue bill for the nuclear power industry, and pected to happen at any rate. But it that is before us, RPS versus CPS I support every one of those. I think does require utilities to go through standards, that drive the marketplace that was the right thing to do. But let very extensive efforts to track and buy toward cleaner fuels, renewable fuels, me just be clear that we have subsidies and sell credits and comply with a reg- and a variety of different packages. A few moments ago, I mentioned, for a great many types of energy ulatory regime. The Government would when the Senator from New Mexico, sources, including tax deductions, loan have to establish a credit-trading Mr. BINGAMAN, produced a letter from guarantees, liability insurance, and scheme, a tracking system, a moni- the American Wind Energy Associa- provisions for leasing of public lands at toring system, regulations for imple- tion, that in part I believe CPS, based below-market prices. Some, like the mentation—a whole panoply of Govern- on their point of view, had been some- depletion allowance for oil and gas, are ment machinery—but they would do so what mischaracterized by that letter. permanent subsidies that are built into in order to achieve a result that could the Tax Code, and I am not suggesting Now, here is someone who supports have been achieved without the imple- wind. The Senator from Idaho strongly they need to be repealed. I am just mentation of the proposed amend- pointing out the largest subsidy—and I supports wind. We see windmills, large ments. windmills, going up across Idaho. The think any economist would make this So I think it would be an unfortunate point and would agree with this point— Senator from Tennessee would come provision for us to adopt. I hope my out there and say: Oops, there goes the the largest subsidy is an invisible sub- colleagues will agree with that and will sidy, the fact that the environmental landscape. There goes the vista. The vote against the Domenici proposal Senator from Idaho is a little con- impacts from use of fossil fuels are no- and, of course, as I said earlier in the where reflected in the cost of those en- cerned about that, too, because some of debate, a vote in favor of the one I pro- those beautiful high plateaus of Idaho ergy sources. That is what has caused pose. our problem with greenhouse gas emis- are now being dotted with windmills. Let me conclude with that. I know At the same time, there is no ques- sions. That is why—it does not cost my colleague may wish to speak some tion that wind remains a valuable anything to pump 100 tons of CO or 2 more, and I know there are others com- source, and we are subsidizing it and other greenhouse gases into the atmos- ing to the floor intending to speak as supporting it. But I don’t think we phere. There is no cost to the person well, and there may be additional op- ought to bias the marketplace toward who is producing their energy for those portunities for me to add to these com- it entirely, and that is why you now fossil fuels. There is a cost to society, ments as the afternoon progresses. see a new standard offered as a second- and we are beginning to understand The ACTING PRESIDENT pro tem- degree amendment called CPS, clean what that cost is. But the idea of a pore. The Senator from New Mexico is portfolio standard. major impetus for the renewable port- recognized. When I say that, let me make the folio standard I have offered is that we Mr. DOMENICI. Mr. President, I point that is important, that I think is would reduce dramatically these green- would say to Senator BINGAMAN that I critical. The American Wind Energy house gas emissions and provide incen- have nothing to say now for myself, Association, when they mischarac- tives for the development of these but I did want to tell him there are a terized clean portfolio standard, did so other technologies. There are already couple of Senators coming shortly. I in the following ways: The proposed incentives for the improvement in the know about the time they are coming. CPS clearly requires carbon capture development or improved use of nu- I don’t want to speak before they come, and storage. They say it does not. The clear power for energy production, and, but if Senator BINGAMAN wants to pro- word ‘‘sequestration’’ means carbon as I say, I support those. ceed rapidly, we could do that. It will capture and storage, and you don’t get Let me also talk a little about this be 15 or 20 minutes before they arrive. a credit for it until you do it. I think proposal that States can opt out. First, I yield the floor, and I suggest the ab- that is clear. I think that was a let me mention that the Secretary can sence of a quorum. mischaracterization. CPS clearly add others. I think that is a very major The ACTING PRESIDENT pro tem- states that any additional clean tech- loophole, for us to essentially say to pore. The clerk will call the roll. nologies beyond already highlighted the Secretary of Energy: It is up to The bill clerk proceeded to call the would require the Secretary of Energy you; if you find something else that roll. to determine, if they apply through a you believe ought to be included in the Mr. BINGAMAN. Mr. President, I ask rulemaking process. In other words, no way we meet essentially this 16 percent unanimous consent that the order for easy rides and no opt-out. requirement, then add that in. I think the quorum call be rescinded. We have 23 States that have some the idea that States can opt out is un- The ACTING PRESIDENT pro tem- form of RPS, renewable portfolio fortunate, indeed. Obviously, many pore. Without objection, it is so or- standard. They have done it on their States have chosen to put in place dered. own. The Senator from New Mexico their own renewable portfolio stand- Mr. BINGAMAN. Mr. President, I ask makes that point very clearly. There is ards. Nothing in my amendment in any unanimous consent that Senator a desire in our country today to move way overrides those States’ proposals. SNOWE from Maine be added as a co- us toward renewables and a cleaner What we try to do with the proposal sponsor to the underlying amendment I portfolio standard, but there is no opt- I put forward is to set a national min- have sent to the desk. out in CPS. They come to the Sec- imum. We say you should at least do The ACTING PRESIDENT pro tem- retary, and the Secretary certifies that this 15 percent. If you want to do some- pore. Without objection, it is so or- which they already have, if it fits with- thing else, have a go at it. If your laws dered. in the portfolio that is being proposed provide for something else, then so Mr. BINGAMAN. Mr. President, I as a CPS. There is no State opt-out in much the better. But we do not say to suggest the absence of a quorum. that provision. CPS allows the States States: You can opt out of any Federal The ACTING PRESIDENT pro tem- with existing clean portfolio programs requirement. I think to do so essen- pore. The clerk will call the roll. to certify. tially eliminates any coherence we The assistant legislative clerk pro- I think that is a very important and might have in the system. ceeded to call the roll. necessary statement to make. I don’t

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7607 see that as an opt-out, I see that as they come along. Yes, you will be sub- retary and say we are opting out—in- conforming, giving credits to, and sidized, but you will not have exclu- clude us out—and that clearly would causing those who have already taken sivity. let me out of the program. the initiative not to be penalized. It is I think for the West and for the mar- So I don’t think the bill says what arguable that the RPS that is being velous open spaces and the vistas of the the Senator has indicated. proposed in the Bingaman amendment West, that is not all a bad idea. While Mr. CRAIG. Well, if it doesn’t, I am would cause them to have to reshape or I promote wind, and wind is now com- one who would change that. It is clear- conform because they are all a little ing to Idaho, I don’t think it ought to ly not my intent, nor I believe the in- different or they couldn’t gain as much be exclusive in the market. As I have tent of CPS, to allow States to opt out. credit under an RPS as they could a said before, and the maps have been It is to broaden the portfolio standard, CPS. But that we don’t know. What we shown, why disadvantage the South- not to opt out because I think, with 23 do know is, no State opts out. east? Why say to the Southeast you States now moving in that direction, We are now talking about a Federal have to go buy it because you can’t there is a recognition of the value of standard against a myriad of State produce it? Let’s give them an oppor- some of this. If there needs to be a cor- standards in which 23 States have al- tunity to be as clean as everyone else rection for your satisfaction as the ready established some form of renew- wants to be by giving them the advan- chairman of the committee, I am cer- able portfolio. There is no uniformity tages of all that is necessary. tainly one who is willing to make that. in that 23–State standard, so, as I said, Mr. BINGAMAN. Mr. President, I ap- But it was my understanding and my it is very difficult to comply with the preciate the comments of my friend reading of the language that the Sec- standard. CPS is flexible enough, that and colleague from Idaho. I would just retary of DOE has the right to certify, it will not allow States to opt out. direct a question to him and see if I am and in certifying could allow based on Deduct nukes from the base. By add- confused or he is confused, or just the standard met an opt-out. ing nuclear—new nuclear—we will have where the confusion lies. He says there Mr. BINGAMAN. Mr. President, I ap- a much broader portfolio than I think is not authority in the Domenici pro- preciate the comments from my friend. I would just say he is describing a pro- Senator BINGAMAN’s RPS. Adding nu- posal, the clean energy proposal; that clear does not detract from the accom- there is not authority for a State to vision in an amendment that is not be- fore us. I want to point that out to my plishments of that bill. It modernizes opt out. Here is the sentence on page 9 colleagues. the bill. It brings us to where Amer- of that legislation. It says: Mr. CRAIG. Mr. President, we obvi- ica’s thoughts are today, not where On submission by the Governor of a State ously have a disagreement as to what America’s clean thoughts started in to the Secretary— is or is not. But I think we both agree the mid-1990s. Let’s get modern. That is the Secretary of Energy— on a principle that we have just talked Yes, there are a lot of interest groups of a notification that the State has in effect, that have vested interests in the old about. and is enforcing, a State portfolio standard The PRESIDING OFFICER (Mr. standard. There are a lot of interest that substantially contributes to the overall SANDERS). The Senator from Tennessee groups in this town and around the Na- goals of the Federal clean portfolio standard is recognized. tion that move very slowly. They move under this section, the State may elect not Mr. ALEXANDER. Mr. President, I the body politics of their organizations to participate in the program under this sec- tion. think now would be a good time for a slowly so they have to argue what was former Governor to enter the discus- then instead of what is now. What is Now, that clearly states, as I under- sion with my two distinguished col- now in the minds of the average Amer- stand it, that it is entirely up to the leagues. I think the biggest com- ican who looks at new technology is: Is State whether it chooses to participate pliment I have been paid in the short it clean? And if it is clean, it is accept- in the program or chooses not to par- time I have been a Senator was by able. If it isn’t clean, it isn’t. ticipate in the program, and there is no some Washington insider who said, Idaho is privileged at being right at discretion on the part of the Secretary ‘‘Well, the problem with LAMAR is he the top of the States of the Nation in of Energy about it at all. There is no hasn’t gotten over being Governor nonemitting sources, clean air, and less certification required by the Secretary yet.’’ carbon. We are very proud of that— of Energy. There is no requirement I have said to my constituents in Vermont and Idaho. Last year, Idaho, a that the State program meet any par- Tennessee, ‘‘If I ever do, it is time to State that has largely accepted produc- ticular standard other than it con- bring me home.’’ tion in all forms, said no to a coal-fired tribute to the overall goals of the Fed- As I listened to the discussion be- plant. They said no because it wasn’t eral standard. tween the Senator from New Mexico as clean as they wanted it to be. But if To me, that means a State can opt and the Senator from Idaho, I was it were a plant that could sequester, if out of the Federal program, unless I greatly encouraged by the discussion of it were a plant that were clean, and it am misreading it. the Senator from Idaho until the very was coal, why shouldn’t it count today Mr. CRAIG. Mr. President, I can’t last part. I think there should be an in a new standard? argue whether the Senator is or is not opt-out. Why should there not be? Why shouldn’t the marketplace misreading. The intent is for the Sec- What wisdom is there here in Wash- incentivize cleanliness—nonemitting retary of DOE to certify that the State ington, DC that is not there in state sources—instead of the old nonemit- meets those standards, and if the State and local government? ting sources of the past—wind and bio- meets the standard that you and I When I was in Tennessee, I thought I mass? But biomass, under current tech- would put forth, then why don’t they was at least as smart as the Congress nologies, emits some CO2. It is much have a chance to stand down for a of the United States. I woke up every cleaner than most, but depending on time? It is a question of meeting the day trying to do what was best for my the technology involved, is not a per- standard, not ignoring the standard. State. I fought for better schools, clean fect form, if you will, compared to Mr. BINGAMAN. Well, Mr. President, water, clean air, raising family in- wind. But it is renewable, so under that let me just reiterate that the clear lan- comes, paying teachers more. If I had definition, while it is not as clean as guage of the statute states if the State to wait on Washington to do it, we we would like it to be, and it will be in determines that it has a ‘‘portfolio would never have done it. I knew of a the future because it is renewable, it standard that substantially contrib- lot of people who flew to Washington fits into the old standard. utes to the overall goals of the Federal and suddenly got smart, but I didn’t I think those are profound arguments clean portfolio standard, then the think they were smarter than we were. that bring us to where we are today. State may elect not to participate in On issues of clean air, we Ten- And I would like to say to the Amer- the program.’’ nesseans, for example, feel like we care ican Wind Energy Association: You are To me, that is a clear opt-out for the about it a lot. I live right next to the not disadvantaged under CPS, but you State. There is no requirement that Great Smoky Mountains National are not exclusive to the market. You anybody certify or anything else. If I Park. I grew up there. Five generations have to share the riches of growth in a were Governor of New Mexico, I could of my family are buried there. We have clean technology with other forms as type up a letter, send it off to the Sec- a great big clean-air problem.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7608 CONGRESSIONAL RECORD — SENATE June 13, 2007 I might say, both Senators from New sion—no carbon, no mercury, no sulfur, cent of hydropower, and we might be in Mexico are two of the very finest in our no nitrogen. That is 40 percent of the favor of making everybody do a 47-per- body in terms of their ability, intel- power in the Tennessee Valley Author- cent renewable portfolio standard ligence, dedication, and purposes. I ity region, and in the State of Ten- based on our formula. We hope by that happen to have a little disagreement nessee. time that biomass, which is permitted on this issue with Senator BINGAMAN I might say: I have a great idea. I am under the amendment from Senator from New Mexico, but let me go back now in Washington. I am not Governor BINGAMAN, as I understand it, will in- to my point. anymore. I want to require everybody crease in Tennessee. We have a great Growing up and living at the edge of in America to have a 40-percent emis- capacity, we believe, for biomass, espe- the Great Smoky Mountains National sions-free energy standard, and the cially as fuel for cars. Park makes me very aware of clean air way they should do it is to have 33 per- The President of the University of and the need for it, which is why, 2 or cent nuclear power and 7 percent hy- Tennessee was here this morning—Dr. 3 years ago, with Senator CARPER, I dropower because that is my idea. That Peterson—talking with me about a began to work in the Congress for is the way we do it. So, North Dakota, demonstration project they have, stronger standards so we could do more have at it, start building nuclear about ethanol plants that are planned in Tennessee. That is why, as Governor plants, start damming up whatever there. We are right in the center of the of Tennessee, I pushed ahead for more river you have left. I have an idea. nation’s population. We have a lot of and why, as a citizen of Tennessee, I That is the way you should it. land. We have a good agricultural base. went to the Tennessee Valley Author- I wouldn’t say that because I believe Switchgrass could replace the tobacco ity and encouraged them to adopt in federalism. I believe that a lot of the income we used to have in Tennessee. standards that would get more of the best ideas come up from States toward We used to have 60,000 to 80,000 farms sulfur out of the air and more of the ni- the Federal Government. I have no- with a little independent income up in trogen out of the air. That is why I ticed how, over time, California has led the mountains like you have in the have encouraged the Governor of Ten- the country in terms of clean air and great northern kingdom of Vermont. nessee to go further than the Federal clean water. I know Senator BINGA- That would be great for us, so we hope Government is in getting mercury out MAN’s bill would permit us to go fur- biomass really works. of power plant emissions into the air, ther in some ways, but it does not in We like solar. I am the sponsor of the 90 percent instead of 70 percent. That is other ways. What happens with the solar tax credit that passed Congress 2 why I have been meeting with mayors amendment from the Senator from years ago. It is not enough, but I spon- and local county officials in Tennessee New Mexico is this: Even though we sored it. I got an award from the solar to clean the air. We care about it in are on the honor roll in Tennessee, and industry for being for that renewable Tennessee. getting better—I mean, not only did power. I also worked with the Farm It is not necessarily true that it the TVA just reopen the Unit 1 reactor Bureau on renewable power called bio- takes wisdom from Washington to at the Brown’s Ferry Nuclear Plant, it mass. We have the largest production cause us to want to have clean air or is operating today at 100 percent capac- plant for solar technology in America carbon-free air. Witness the fact that ity. in Memphis in the Sharp plant, pro- we are already on the honor roll of I will say a little more in a minute, ducing the solar panels you put on your states leading the way in emissions- if my colleagues will tolerate it. roof. We hope all this works. We even free electricity generation. The one wind farm we have in the hope there might be maybe a solar I see the Senator from Vermont, whole Southeastern United States, the thermal steam plant someday. It is not right in front of me, presiding. He Buffalo Mountain Project in Tennessee, there today. should be very proud of Vermont as his operated 7 percent of the time in Au- TVA needs 31,000 or 32,000 megawatts state is No. 1 in the country in terms of gust when we are all sitting on our of power every year to provide us with carbon-free emissions. Vermont gen- porches, sweating and fanning our- clean, reliable, inexpensive electricity, erates its electricity from forms that selves and wanting our air-conditioners and the potential for solar with the are free of carbon emissions. I assume on, so wind energy doesn’t help us in present technology, the TVA says, is that among Senator BINGAMAN’s goals our part of the country. So we are at 40 less than a Megawatt. The solar indus- in the energy legislation before us is to percent emissions-free electricity gen- try would say it is more. What if it is encourage carbon-free emissions so eration. So how about a 40-percent five times more? What if it is 10 that we can deal with climate change. portfolio standard for the whole coun- megawatts, or 20 megawatts? There is I happen to be one of those who believe try, with 33 percent nuclear power and not sufficient potential in the next 10 climate change is a problem and that 7 percent hydropower? years for solar and wind in the south- human beings are a big part of the That probably wouldn’t be fair to east—which I will show in a moment problem. I am ready to help deal with North Dakota. It might not be fair to we have virtually none of—to meet this the problem. some other States that have, as the idea. But I think that we already are help- brown color indicates on this chart So, what do we get to do? We get to ing in Tennessee—that is my point. In here, a good bit of wind. They can use pay a big tax, a great big tax. What this case, we need Washington to rec- wind. They like wind. They don’t mind good does the tax do us? It comes out ognize what States are doing to solve having great big 300-, 400-, 500-foot of our pockets. We send it to Wash- this problem and not assume that a white towers with flashing red lights ington, and we never see it again. How one-size-fits-all idea which might be you can see for 20 miles. If they want much is it? It is $410 million a year, ac- good for New Mexico, or which might to see them, I guess that is their busi- cording to the Tennessee Valley be good for North Dakota, also is good ness. If they want them and it makes Authority’s scientists, to meet Senator for Tennessee. sense out there, fine. That is their BINGAMAN’s 15 percent renewable port- Tennessee is 16th in terms of carbon- State. But no more would I impose our folio standard. That is real money. By free emissions. In other words, we formula for being clean on them than the end of the ramp-up time in the produce about 40 percent of our elec- should they impose their formula for Bingaman amendment, which is the tricity today from nuclear power and being clean on us. That is the problem year 2020, it would cost, according to from hydroelectric power. All forms of with the Bingaman amendment, I re- the Tennessee Valley Authority, which power have their issues. Hydroelectric spectfully suggest. supplies Tennessee with electricity, it power means you dam up rivers. Some Here we are on the honor roll for would cost the ratepayers $410 million people don’t like that. I have some being clean. We are getting better. to do what, to pay a tax to Washington, problems with that, too, sometimes. TVA is thinking we might open a sec- DC. It wouldn’t clean our air. We are With nuclear power, we have to get rid ond nuclear reactor, maybe a third nu- already on the honor roll for emission- of the waste, and we have not solved clear reactor. Maybe within 10 years— free electricity production. It would that problem yet. But the one problem which in energy-producing time is a just increase our cost. In fact, that we have solved with hydro and nuclear short period of time—we would be up to money might come from money we is that they are clean in terms of emis- 40 percent of nuclear power, 7 or 8 per- might otherwise spend to clean our air.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7609 But here is what we could do with have less reliance on natural gas, and One reason that Chattanooga EPB is in $410 million. We could give away 205 we want less reliance on natural gas. such a difficult situation under the Binga- million $2 light bulbs and have the en- We don’t want to be using natural gas man Amendment, as contrasted with utili- to make electricity. ties in some other parts of the country, is ergy savings equivalent to two nuclear that the amendment is directed at utilities power reactors, or it would be the As we say often: It is like burning the that have their own generation. Because the equivalent of 3,700 great big wind tur- antiques to make a fire. So he is right Tennessee Valley Authority supplies all re- bines that would stretch along all the about that. Why shouldn’t we say but quirements needed to for the Chattanooga scenic ridge lines in east Tennessee, one other form is nuclear power. It is EPB service area, and has an all-require- and nobody would come to east Ten- clean, it is reliable, and it is another ments contract with Chattanooga EPB, it is nessee to visit, to see our mountains. form to consider. And the more we impossible for Chattanooga EPB to meet the Most people who live there would go have it, the less natural gas we have to requirements of the Senator Bingaman’s re- newal portfolio standard (‘‘RPS’’) amend- hide under a rug so we wouldn’t have to use. I also have a letter from Huntsville. ment to S.B. 1419. Senator Bingaman’s see these white towers with flashing Amendment requires that utilities such as red lights that you can see from 10 or This is in Alabama. I would not want Chattanooga EPB obtain 15 percent of en- 12 miles away instead of the moun- you to think I was only arguing on be- ergy sales from new renewable sources by tains. We could pay the electric bill for half of one State. Huntsville, Alabama. the year 2020. While Senator Bingaman’s every Tennessean for a month and a ‘‘Dear Senator SHELBY,’’ in this case. Amendment does allow an option for Chat- half each year with $410 million or we The letter goes on to talk about the se- tanooga to buy renewal ‘‘credits’’ from U.S. Department of Energy, it is at the two-cent could purchase a new scrubber. We vere penalties and the extra costs and the objection they have to this new per kilowatt-hour rate in order to meet the have some coal-fired powerplants. RPS that the Bingaman Amendment would About 60 percent of our electricity tax. I ask unanimous consent to have dictate. comes from coal. TVA has done a fairly We would appreciate your exerting all ef- printed in the RECORD at this point the good job of cleaning up the air with forts within your power to defeat this hor- two letters. that, but they have a long way to go. rific renewal energy ‘‘tax’’; and that you op- There being no objection, the mate- pose, argue against, vote against, and secure Sulfur scrubbers are the main thing rial was ordered to be printed in the all of the assistance that can be mustered they need. They are very expensive, RECORD, as follows: from your fellow Senators to see that this and we could put a new one on every 9 EPB, Amendment is not enacted into law. I am available if there is any additional in- months with $410 million cost per year. Chattanooga, TN, June 13, 2007. formation that we can supply to you in your That is what we could better do with Re Energy Bill—S.B. 1419. $410 million rather than send it up here efforts to help us. Hon. LAMAR ALEXANDER, to Washington, DC. Sincerely yours, U.S. Senator, HAROLD E. DEPRIEST, Here is a letter I got today from the Washington, DC. President and Chief Executive Officer. mayor of Chattanooga, TN, Harold DEAR SENATOR ALEXANDER: I am writing DePriest—not the mayor, president out of concern for the citizens of the greater HUNTSVILLE ELECTRIC UTILITY BOARD, and chief executive officer of the power Chattanooga area who receive their elec- June 12, 2007. company in Chattanooga. I probably trical service from the Chattanooga Electric Hon. RICHARD C. SHELBY, Power Board (‘‘Chattanooga EPB’’). We un- should let Senator CORKER read this U.S. Senate, derstand that debate is presently taking letter since he used to be the mayor in Washington, DC. place on Energy Bill, S.B. 1419. We also un- DEAR SENATOR SHELBY: The Senate is now Chattanooga. But he says: derstand that Senator Bingaman will pro- debating an amendment to the Energy Bill, The Bingaman amendment, if enacted into pose an amendment to the Energy Bill that specifically a Renewable Portfolio Standard law, would have an enormous adverse eco- will, in our opinion, have severe financial (RPS) Amendment. This amendment re- nomic impact on our community. It would consequences upon the citizens of the greater quires all electric systems that sell more result in a two-cent per kilowatt-hour tax on Chattanooga area, who are served by Chat- than 4 million megawatt hours of energy a all electric kilowatt hours that are used in tanooga EPB in Hamilton County, and parts year to generate specific percentages of their the Chattanooga EPB service area. We have of Bradley, Marion, Sequatchie, and Bledsoe load profile from renewable resources. By projected the cost burden that will be im- Counties. 2010, Huntsville Utilities would have to have posed upon those in our service area during We at Chattanooga EPB are asking that 3.75% of its load coming from renewable gen- the years 2010 through 2020. It appears the you do everything in your power to oppose eration sources (solar, wind, etc.); by 2013, local government, local schools, the univer- the Bingaman Amendment, and to encourage 7.5% of the load from renewable generation; sities, businesses and all citizens (including your fellow Senators to also vote ‘‘no’’ with by 2017, 11.25% and by 2020, 15% of load com- those in fixed incomes and having a difficult you to defeat it. We do not oppose energy ing from renewable generation. financial time as it is) will have to pay the conservation or the use of renewable re- Huntsville Utilities is under a long-term, additional sum of more than $133,000,000 . . . sources. But the Bingaman Amendment is 100% contract with TVA and is prevented by over 10 years for their electrical service. not the right way to get it done. contract from developing its own resources The Bingaman Amendment, if enacted into Those are the workers, and those are and from purchasing any form of energy sup- law, would have an enormous adverse finan- ply from any other power supply vendor. the businesses. When businesses come cial impact upon our community. It would Further, Congress would have to pass laws to Tennessee—when Nissan comes or result in a two-cent per kilowatt-hour tax on that would allow Huntsville Utilities to use Saturn comes, when Eastman thinks all electric kilowatt hours that are used in the TVA transmission system to bring in about staying—what is one of the the Chattanooga EPB service area. We have power from other power supply vendors. things they want to know? Can we get projected the cost burden that will be im- Severe penalties are levied for not meeting posed upon those in our service area during the Renewable Portfolio Standard. Penalties reliable, low-cost electric power? the years 2010 through 2020. It appears that Today, we can say yes. to Huntsville in 2010 would be $4.2 million; in local government, local schools, the univer- 2013, $8.8 million; in 2017, $14.1 million, and in Every time we add an unnecessary sities, businesses, and all citizens (including 2020, $19.8 million. charge on that rate, we drive jobs out those in fixed incomes and have a difficult fi- Huntsville Utilities depends on TVA to of Tennessee and we cause people who nancial time as it is) will have to pay the ad- provide renewable energy resources, since it cannot afford their bills to pay them. ditional sum of more than $133,000,000 (col- is prohibited from generating our own en- I believe Senator BINGAMAN would lectively as a group) over 10 years for their ergy, or purchasing energy from other power say, and I will let him say it on his own electrical service. providers by the TVA contract. The frustrating part of the Bingaman behalf, as we develop more renewable Penalties in 2010 of $4.2 million for not Amendment, if enacted into law, will be the meeting the standard are nothing more than power or other forms of power—I am a injustice imposed upon our community. a tax on the citizens of Huntsville. Hunts- big subscriber to this—we bring down There are several states that are blessed ville Utilities is being placed in a no-win sit- the price of natural gas. I helped intro- with plentiful resources of renewable energy. uation if this standard passes. duce a bill called the Natural Gas Price These states would receive favorable treat- Huntsville Utilities is a public power sys- Reduction Act, and I worked with Sen- ment under Senator Bingaman’s Amend- tem which is non-profit and receives all of ment, whereas we in Tennessee and the TVA its energy resources from TVA, which is a ators BINGAMAN and DOMENICI to try to Region would not. We here do not have the public power generation and transmission stimulate growth in other forms of same abundant renewable resources avail- provider to its 158 captive customers. Hunts- power to bring down the price of nat- able to us. In effect, we are penalized, and pe- ville Utilities needs to be exempted from the ural gas. So he is absolutely right. If nalized significantly, simply because of geog- provisions of the Renewable Portfolio Stand- we create new forms of energy, we will raphy. ards (RPS). TVA needs to be the provider of

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7610 CONGRESSIONAL RECORD — SENATE June 13, 2007 these renewable energy resources to its cus- turbines in Tennessee, which in Ten- I yield the floor. tomers. nessee operate 7 percent of the time in Mr. DEMINT. Mr. President, quickly, TVA’s hydro and nuclear generation sys- August. They do not produce much I wish to make a request of the chair- tems need to be used as a replacement for man. I understand the current amend- solar and wind, since hydro and nuclear en- power either. There are proposals on ergy generation are non-polluting. the Senate floor to extend the federal ment will not be finished until tomor- Thank you for your consideration. subsidies for wind power. row. I wanted to get one amendment Sincerely, So back to this wind project, TVA pending. I ask unanimous consent to RONALD W. BOLES, pays 6.5 cents for every kilowatt-hour send an amendment to the desk. Vice Chairman. produced by this wind project. The tax- The PRESIDING OFFICER. Is there Mr. ALEXANDER. Mr. President, I payers pay them another 2.9 cents, in objection? see some other Senators on the floor. I effect, for the production tax credit; Mr. BINGAMAN. Mr. President, I do see Senator DOMENICI, Senator DEMINT, that is 9.4 cents for each one here, and object. I believe we need to complete and there are other Senators here. But this would have the whole Southeast action on the two pending amendments I want to wind up my comments in this running around looking for wind devel- before we take up any other amend- way with a couple of pictures to sum- opers to buy further credits from. We ments or have other amendments pend- marize the point. should all retire from the Senate and ing. Obviously he can send anything he It is a laudable goal to move us as go in the business, it looks like, if that wants to the desk, but as far as calling rapidly as we can to renewable energy. is what we want to do. up any amendment for consideration, I But we should allow the States to But here is my main point, let’s re- would object. move in ways that fit those States. So spect Federalism, let’s honor those The PRESIDING OFFICER. Objec- tion is heard. I think there should be an opt-out for States that are on the honor roll. Let’s Mr. VOINOVICH. Mr. President, I un- States. I think Tennessee should be honor Senator BINGAMAN for wanting derstand Senator SALAZAR is waiting able to say: We have a 40-percent clean to encourage renewable energy. But here. I will not be long. I appreciate his power standard, but it is nuclear and Senator DOMENICI, I would respectfully patience. hydro. We are working hard on bio- say, has a better idea. He would allow First, I associate myself with the mass. As soon as we get that going, we new nuclear power, for example, to be a words of the Senator from Tennessee, will have 50 percent. But we do not part of the mix. Mr. ALEXANDER. I thought he did a fan- have sufficient wind resources not lo- My final comment would be this: As tastic job of outlining why this pro- cated in our scenic mountains. In addi- climate change has become more of a posed renewable portfolio standard is tion, wind is enormously subsidized. concern, and people say we are going to not in the best interests of the United We will be getting more to that this have to deal with it in this generation, States of America. I strongly oppose it year. we have looked for ways to create large because it has not taken into consider- Let’s put up this chart. amounts of clean energy. There are ation the adverse effects on States that TVA looked all around for a place to only two or three ways to do that. depend heavily on coal, such as my locate the first and only utility scale The first is conservation and effi- home State of Ohio. wind energy project in the southeast. ciency. We have barely scratched the I also mention that we have looked First they looked down on Lookout surface. But the second is nuclear at wind power for our utilities. If they Mountain. The people there spent 30 power. Seventy percent of our carbon- could use wind power they would be years restoring the natural beauty to free electricity in America today is nu- using it, because not only would it be this historic location. They did not clear power. So why would we exclude something that would be better taken want to see a 400-foot tower they could that from any standard that allegedly by the citizens of Ohio, but it also see from the whole area up there. So wants us to have carbon-free energy? It would associate them with being more they finally put it on Buffalo Moun- does not make much sense to me. green. They are interested in doing tain, which is also a beautiful place. I respectfully oppose the suggestion that. But the fact is we do not have the Here is what it looks like. They had of the Senator from New Mexico, Mr. environment for that to occur. So I hoped the wind would blow so that it BINGAMAN. I honor his service here. I think even though this proposal is well would produce 35 to 38 percent of the honor his motives here. But I think he intentioned, and I share his concern turbines rated capacity. It operates 19 has a solution looking for a problem. about reducing greenhouse gases, I be- to 24 percent of the time; 7 percent in The problem is, we do not have any lieve his proposal will cause great eco- August. What most people miss with wind in our part of the State, and a nomic distress for minimal benefit. wind power is you use it or lose it. So wind portfolio standard simply does What we need to do when we are if the wind is not blowing, your air not work. It puts a big tax on us we do looking at these things is ask, what conditioner is off. not need to pay, do not want to pay, benefit are we going to get out of it, Even though you have these large does not do us any good. and what are the costs? Figure it out. wind towers all up and down every I yield the floor. A one-size-fits-all Federal RPS man- ridge top in Tennessee, even if you had The PRESIDING OFFICER. The Sen- date ignores the different economic them, you would still need a depend- ator from Ohio is recognized. needs and resources of the individual able powerplant. Wind turbines do not Mr. VOINOVICH. Mr. President, I States. There are significant regional replace your base load. yield 50 seconds of my time to Senator differences in availability, despite re- Here is what it looks like in West DEMINT. newable energy resources. Virginia, which is north of us. It is a Mr. DEMINT. I thank the Senator. I Even among the States that have an different point, but this makes strip will yield back to him immediately. RPS, all have chosen to add tech- mining look like a decorative art. I Mr. DOMENICI. Would you yield 30 nologies that are not usually included mean this ruins, in my view, the tops seconds to me? Would that be accept- in a Federal RPS. Because many of the of mountains. able to you? utilities will not be able to meet an Why would we insist on that with Mr. VOINOVICH. That is fine. RPS requirement through their own Federal requirements to have a State The PRESIDING OFFICER. The Sen- generation, they will be required to that is already on the honor roll for ator from New Mexico. purchase renewable energy credits clean power? There are other ways to Mr. DOMENICI. Mr. President, I say from some other company. Thus, a na- do this rather than raise our rates, to Senator LAMAR ALEXANDER, who tionwide RPS mandate will mean a raise our taxes, drive jobs away, or gave about a 20-minute speech or 25, massive wealth transfer from electric ruin our landscape. whatever it was, that I truly commend consumers to States with little or no I appreciate the chance to talk about you on your understanding of both the renewable resources, such as Ohio, to this. Wind already is highly subsidized problem and the attempted solutions the Federal Government or to States too. The best facts I have suggest we here and the differences between the where renewables happen to be more will be spending $11.5 billion between Bingaman amendment and mine. The abundant. 2007 and 2016, already obligated in tax- way you present it is laudable. I thank In my State of Ohio, we rely on coal. payers’ money, to build these big wind you for that. Eighty-eight percent of our electric

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7611 generation comes from coal. It is esti- look at how much money we are going ergy from somebody else, pay the mated that the proposal would increase to raise and where can we get the big- money out, and then increase your retail electricity prices by 4.3 percent, gest return on our dollars. I do not rates, increase the rates to the folks in a total of a $12.8 billion cost to con- think RPS does that. our inner cities, when they could be sumers by 2030. The 4.3 percent may It is critical that policymakers work taking that same money and putting not seem like a high increase to many, in conjunction with the scientific com- more of it into, for example, ISGC, the but to a family of four on a fixed in- munity to develop policy solutions integrated gas-combined cycle. AEP is come, this is a huge increase. These that are in the best interests of our going to build a 1,000-megawatt plant families may have to make a decision State and Nation. For instance, one that is going to cost an enormous between paying their winter heating area requires further research to cap- amount of money. That is where they bills or putting food on the table for ture greenhouse gases and sequester should be putting their money. They their families. carbon dioxide so we can continue to should be putting their money into I recall a couple of years ago, before rely on coal for energy. We are the technology so that we can capture car- the Environment and Public Works Saudi Arabia of coal. We have 250 years bon and sequester it. Committee, Tom Mullen of Cleveland of that supply. For the past few years Those are the things that would real- Catholic Charities described the direct I have called for a ‘‘Second Declaration ly make a difference. We are fooling impacts of significant increases in en- of Independence,’’ independence from ourselves to say we are going to pass ergy prices on those who were less for- foreign sources of energy, for our Na- this legislation, and it is going to make tunate. This is a quote. He said: tion to take real action toward stem- a big difference. I argue that it is going In Cleveland, over one-fourth of all chil- ming our exorbitantly high oil and nat- to make little difference, and we could dren live in poverty and are in a family of a ural gas prices. Instead of considering spend our money on things that are single family head of household. These chil- them separately, we must harmonize going to make more of a difference in dren will suffer further loss of basic needs as our energy, environment, and economic terms of cleaning up the environment their moms are forced to make choices of and dealing with some of the problems whether to pay the rent or live in a shelter; needs. This is an absolute must as we consider any additional solutions to we all know this country faces. pay the heating bill or see their child freeze; I yield the floor. buy food or risk the availability of a hunger address global warming and other envi- The PRESIDING OFFICER. The Sen- center. These are not choices that any senior ronmental problems. ator from Colorado. citizen, child, or for that matter, person in I have been here, this is my ninth Mr. SALAZAR. Mr. President, let me America should make. year. I have been on the Environment start by thanking Senator BINGAMAN, So, in effect, if we pass this renew- and Public Works Committee for 9 chairman of the committee, and Sen- able portfolio, for people who live in years. The problem in the Senate and ator DOMENICI, ranking member, for my State—and maybe I am being a lit- in the House is that the environmental, their fine work in producing the En- tle bit selfish about the people I rep- the energy, and the economic people ergy bill before us today. This energy resent, but the fact is this is going to don’t get together and put each other’s legislation is important for our coun- increase their energy bills. For those shoes on and figure out how we can try as we move toward energy inde- who are poor, for those who are elderly work together to not only do a better pendence. It is strong on alternative and on a fixed income, this is signifi- job of cleaning up the environment but fuels. It is strong on energy efficiency. cant. utilizing the scarce dollars that are Through the work of the Commerce Another aspect which I think we for- available to make a difference. Committee, it has strong CAFE stand- get about is Ohio is a manufacturing This is an idea of the costs for Ohio. ards that will make all the difference State. We are on the economic fault For example, American Electric Power in the world in terms of how we use line. I wish our economy were as good which, while I was Governor, put on a transportation fuels. It also begins to as the rest of the States in this coun- $650 million scrubber to reduce their do some important work with respect try. We have the same problem Michi- NOx and SOx, it is going to cost them $3 to carbon sequestration. This is good gan has. Energy costs are a huge con- billion between 2010 and 2030; First En- legislation. The amendments and de- cern of our manufacturers, who use 34 ergy, $3.18 billion to $4.6 billion; bates we are having hopefully will percent of the energy consumed in our Duke—this is also another provider of build on that good legislation to get us economy. Due in large part to in- energy—$1.6 billion. to the point where we can deliver to creased energy prices, the United Let’s take the Timken Company, the the President a good bill. States has lost more than 3.1 million heart and soul of Camden, OH. Their The President said in his State of the manufacturing jobs since 2000, and my incremental cost of electricity under a Union that one of the things he wanted State has lost nearly 220,000 jobs. 15-percent RPS will exceed $20 million us to work on was moving forward to I will never forget in 2001 when we per year. They say: get rid of our addiction to foreign oil. had the big spike in gas prices. I be- We would not expect to recoup most of this It is our hope that by working together lieve that was the beginning of the re- increased cost through price increases due to in a bipartisan fashion, as we did in the cession in the State of Ohio. Many of the global competition that we face. Adop- Energy Committee, we will be able to those small companies never recovered tion of a mandatory RPS would clearly place move forward with respect to reaching because, for example, in my city, nat- The Timken Company at a competitive dis- that vision of energy independence for ural gas costs have gone up over 300 advantage vis-a-vis our foreign competitors, the United States. percent since 2000. Think about that, further eroding already slim profit margins, Let me say that I am here to speak and placing increasingly more jobs at risk. the impact that has. Then you add an- in support of the Bingaman proposal other burden on top of that. Rather We really ought to think about what which I am cosponsoring on a renew- than enacting an artificial RPS, which we are doing here today. I don’t think able electricity standard for the Na- will increase costs to our utilities and what we want to do is advantage one tion. Let me at the outset say, we in consumers, we need to be spending this area of the country by having a cost in- the Congress, we in the Nation should money on the development of tech- crease in another part of the country not be afraid. We should not be afraid nology to reduce our greenhouse gases. and see a massive shifting of resources. of having a robust renewable electrical The cost of the RPS to utilities and What we should do is look at the big standard, called an RES, a renewable ratepayers will be better spent on fund- picture and figure out, as Senator AL- portfolio standard. There will be sig- ing the programs we authorized in the EXANDER pointed out, where do we put nificant benefits that will help our Energy Policy Act of 2005, such as car- our money where we can get the great- economies. It will help rural commu- bon sequestration and IGCC tech- est return on our investment. I sin- nities, it will help our environment, if nology, which, as most of us know, are cerely believe this isn’t the way to do we have a robust national standard for not receiving the appropriate funding it. Why would we want to do something renewable electricity. today. that will take a State such as Ohio, Some may say: How do you know It is clear we must get serious about that is 80 percent reliant on coal, and that? I have heard my colleagues on partnerships and strategies that maxi- basically tell our utilities: Folks, you the other side of this amendment argu- mize Federal funding. We have got to are going to have to buy renewable en- ing that we don’t need a national

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7612 CONGRESSIONAL RECORD — SENATE June 13, 2007 standard because it will harm par- been a good RPS. In fact, it has been so Let me talk a little bit about the pri- ticular States or areas. There were lots good in terms of acceptance by the peo- mary benefits I see from this RES. The of people in my State in Colorado in ple of Colorado, almost without a first is that it will bolster our renew- 2004, just a short 2 years ago, who made whimper the requirement was doubled able energy production by creating cer- the same argument, that if we passed this year so that now we in Colorado tainty in renewable energy markets. an RPS in my State of Colorado in will be producing 20 percent of our elec- With an RES, producers, developers, 2004, we would see a parade of horribles tricity from renewable energy re- and manufacturers know that there is coming down the pike. sources by the year 2015. That is not a a guaranteed market for renewable Well, in 2004, the voters of Colorado long way away. We are not talking 2050 electricity. They make long-term in- decided on their own they were going or 2040. We are already at 2007. So with- vestments in infrastructure and renew- to take this measure to the voters of in 8 years in Colorado, we are going to able energy development when they the State, and they passed a renewable be producing 20 percent of our energy know that certainty is there, and that portfolio standard of 10 percent by the from renewable energy resources. is what this national RES will provide. year 2015. Because Colorado’s efforts It is not just wind. I come from what That added stability will result in a have been so successful in the last 2 is one of the most remote and rural, second major benefit. That is an eco- years, the general assembly this year poorest areas in the United States. The nomic benefit both to consumers and decided to double that standard to 20 place is called the San Luis Valley. It to communities that assist in produc- percent by the year 2015. What had is a place where you have to struggle tion. been the parade of horribles has not to make a living. But it is a place also As I said, in my State consumers who been a parade of horribles in Colorado that is embracing the new ethic of re- have been participating in a program with respect to the RPS. It has been a newable energy, driven in large part by that Xcel has provided on a voluntary parade of celebration with respect to the renewable portfolio standard we wind energy program have saved a what we have been able to accomplish have in Colorado. Because of that RPS, total of $14 million in 2004 and in 2005. on the ground. the largest utility in our State, Xcel, A 2005 study of the Energy Information Let me refer to two very significant has broken ground on the largest solar Administration found that a modest economic facts and initiatives within utility generator in the United States. national renewable energy standard of our State. One relates to wind. Two That solar electrical utility farm, only 10 percent—only talking in 2005 years ago, we had a very small wind which is now under construction in my about 10 percent by 2020—would result farm. It produced just a few megawatts native valley, is creating jobs for the in savings to consumers of $22.6 billion. of power. That was 2 years ago. Fast- people of the valley. It is something we We are going to do better than that forward to today. Because of the RPS, are very proud of. here because our RES we are proposing in Colorado, today we now have four With the advances being made in is 15 percent. Meanwhile, communities major wind farms in operation. We solar technology, there is no reason in particularly rural communities, thrive have two more wind farms currently most of our States we would not be with new jobs, with new infrastructure, under construction. By the time we fin- able to create a robust addition for our and a new economy that is built on in- ish a year from now, those wind farms electrical needs that actually is pow- vention and investment. will be producing 1,000 megawatts of ered from the Sun. The Union of Concerned Scientists electricity. Our experience in Colorado with re- estimates that a national renewable Let’s put that in a context so people spect to a renewable portfolio stand- energy standard of 20 percent by 2020— can understand what we are talking ard, a renewable electrical standard, we are not proposing that we be that about with respect to 1,000 megawatts. has been an absolutely positive one. It ambitious in this particular amend- One thousand megawatts is about the was one that was approached with ment—that a 20-percent by 2020 stand- equivalent of what we would produce some trepidation a few years ago. ard would spur $72.6 billion in new cap- with three coal-fired powerplants. We Today it is wholly embraced. I ask my ital investment, with $16 billion in in- were able to do that with the power of colleagues in this Chamber today to come to America’s farmers and ranch- the wind in less than 2 years. look at the RPS as something that, in ers, and $5 billion in new local tax reve- What has been the benefit for Colo- fact, is a great opportunity for the peo- nues for rural communities. That is a rado? First and foremost, we are con- ple of this country. If it worked for the terrific shot in the arm for parts of our tributing to the economy of our State State of Colorado, it can also work for country that are dying for these kinds because there were counties, such as the rest of the Nation. of opportunities. Weld, Logan and Prowers Counties that Let me also say that Colorado is not Thirdly, a national renewable elec- I refer to as forgotten America because alone. If you look at a map of the tricity standard will enhance our envi- they have such limited opportunities United States and look at all of the ronmental security and take an impor- out in those rural communities that States that have passed a renewable tant step toward reducing our carbon struggle on the vine every day. What portfolio standard, they are from all emissions. If we were to pass a renew- has happened is the RPS has injected a parts of the country. We now have at able electricity standard of 20 percent new economic vigor into those rural least 22 States that have adopted their by 2020, we would reduce emissions of communities. It is something about own renewable portfolio standard. So if carbon dioxide by more than 400 mil- which the bankers, Democrats and Re- we have 22 States plus the District of lion tons a year—that is more than 400 publicans alike, are all very happy and Columbia that have already adopted a million tons a year. That would be excited. It is something about which renewable portfolio standard, does it equal to taking 71 million cars off of the school boards are very excited as not make sense, instead of having a America’s roads or the planting of 104 well because it has brought significant patchwork of regulation from one million trees in our country. additional tax revenue into the coffers State to another, where you essentially We know an RES by itself will not of some of the rural school districts have no RPS in one and a different solve the global warming problem, but that suffer from not having enough RPS in another, that we have a na- it is, in fact, a significant step in the money for schools or for other public tional standard? From my point of right direction. needs. view, it does. I want to, once again, thank Chair- It also has made sure the people of The mechanism that has been set man BINGAMAN for his leadership on Colorado understand that they are con- forth by Senator BINGAMAN in this leg- this amendment. It is an important ad- tributing to the environmental secu- islation will allow us to have that re- dition to this bill and a leap ahead for rity of our Nation. We are past the de- newable portfolio standard and also our Nation’s energy security. bate in this Nation as to whether glob- will allow us to take into account the It is, at the end of the day, an effort al warming is a reality. The people in different renewable resources for elec- for all of us to embrace a clean energy my State recognize they are making a trical production that we have from economy for the 21st century. A clean significant contribution to dealing State to State. I am very hopeful that energy economy for the 21st century is with the issue of global warming be- the RES before us will ultimately one of the imperative issues that we cause they passed an RPS which has make it into law. can grasp on, we can discover on, on a

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7613 bipartisan basis, for America, and we issuing and serving subpoenas today. and the Department of Justice’s can do it now in 2007. It is not some- He makes the point that these sub- politicization of the hiring and firing thing for which we have to wait until poenas are not merely requests for in- of U.S. attorneys. 2010 or 2011. It is something we can do formation; they are lawful demands on The documents compelled by the sub- now. behalf of the American people through poena include documents related to the Mr. President, I yield the floor. their elected representatives in Con- administration’s evaluation of and de- The PRESIDING OFFICER. The Sen- gress. cision to dismiss former U.S. attorneys ator from Vermont. So we will issue and serve three sub- David Iglesias, H.E. ‘‘Bud’’ Cummins, Mr. LEAHY. Mr. President, I ask poenas today—two seeking the docu- John McKay, Carol Lam, Daniel unanimous consent to proceed just for ments and testimony of Sara M. Tay- Bogden, Paul Charlton, Kevin Ryan, a few minutes as in morning business. lor, the former Deputy Assistant to the Margaret Chiara, Todd Graves, or any The PRESIDING OFFICER. Without President and Director of Political Af- other U.S. attorney dismissed or con- objection, it is so ordered. fairs, and another seeking White House sidered for dismissal since President Mr. LEAHY. Mr. President, I thank documents relevant to the panel’s on- Bush’s reelection, the implementation the distinguished Senator from Min- going investigation. of the dismissal and replacement of the nesota for her courtesy in allowing me Incidentally, Senator SPECTER and I dismissed U.S. attorneys, and the se- to go forward. had written to Ms. Taylor asking for lection, discussion, and evaluation of WHITE HOUSE SUBPOENAS voluntary cooperation. We did this possible replacements. They have yet Mr. President, the reason I speak on more than 2 months ago, on April 11, so to be explained. this sort of stage—instead of doing a there would not be any need for a sub- Among these documents are docu- press conference and calling every one poena. We asked for voluntary coopera- ments related to the involvement of of you about it—today I have issued, on tion. Well, that did not go very far. Karl Rove, Harriet E. Miers, William behalf of the Senate Judiciary Com- As I noted in my cover letter to the Kelley, J. Scott Jennings, Sara M. Tay- mittee, subpoenas to the White House new White House Counsel, Mr. Field- lor, or any other current or former in connection with our investigation ing, I have sent him a half dozen pre- White House employees or officials in- into the firing of U.S. attorneys around vious letters during the past 3 months volved in the firings and replacements, the country. I have spoken recently seeking voluntary cooperation from as well as documents related to the tes- with Mr. Fielding, the White House the White House with the Senate Judi- timony of Justice Department officials Counsel, and I have consulted with the ciary Committee’s investigation into to Congress regarding this matter— ranking Republican on the committee. the mass firings and replacements of part of the reason being: What did they Regrettably, to date, the White House U.S. attorneys and politicization at the tell the Justice Department to say or, has not produced a single document Department of Justice. even more importantly, not to say. Of nor allowed White House staff to tes- It is now clear from the evidence course these would include the purport- tify, despite our repeated requests for gathered by the investigating commit- edly ‘‘lost’’ Karl Rove e-mails that voluntary cooperation over the last tees that White House officials played several months. should have been retrieved by now and The White House’s stonewalling of a significant role in originating, devel- should now be produced without fur- the congressional investigative com- oping, coordinating, and implementing ther delay. mittees continues its pattern of con- the plan and the Justice Department’s The distinguished Presiding Officer frontation over cooperation. Those who response to congressional inquiries may remember when I said—at the bear the brunt of this approach are the about it. Yet to date the White House time when they said those were all lost American people, those dedicated pro- has not produced a single document or and erased—Well, you could not erase fessionals at the Department of Justice allowed even one White House official them. Of course they could be found. who have tried to remain committed to involved in these matters to be inter- The White House dismissively said to effective law enforcement in spite of viewed. we computer experts up here: Of course 1 the untoward political influences from It has been 2 ⁄2 months since Repub- they had been lost. Gee whiz. Golly. this administration, and, thirdly, the lican and Democratic members of the Guess what. They seem to have been in public’s confidence in our justice sys- Senate Judiciary Committee rejected a backup hard drive—like the e-mails tem. That is why I believe we have to their take-it-or-leave-it offer of off-the- for all of us are, like everybody knew do everything we can to overcome the record, backroom interviews with no they were, and notwithstanding the administration’s stonewalling and get followup. We said it was unacceptable. condescending, misleading statements all the facts out on the table—get the We have offered to try to work these of the White House Press Secretary’s facts out so Republican Senators and things out. They have stayed the Office. Of course the e-mails were Democratic Senators and the American course: Take it or leave it. Take it or there. people can see what the facts are. leave it: a backroom, closed-door meet- I am just disappointed that now that Actually, the White House cannot ing, with no transcript and no oath. it turns out they were not lost like have it both ways. They cannot stone- Mr. President, I will leave that one they claimed they were we still do not wall congressional investigations by quickly. As I told the White House have them. We have to go to subpoenas refusing to provide documents and wit- Counsel, I would be subject to legisla- to obtain information needed by the nesses—or saying they might let wit- tive malpractice if I were to ever ac- committee to fulfill our oversight re- nesses testify behind closed doors, with cept on the part of the Senate such an sponsibilities regarding the firings and no transcript, no oath, which neither offer. the erosion of independence at the Jus- Republicans nor Democrats would ever Ironically, Mr. Rove and the Presi- tice Department—probably the great- accept—but then simultaneously claim dent have had no reluctance to com- est crime here. But the evidence so that nothing improper ever happened. ment publicly that there was, in their far—that White House officials were The involvement of the White House’s view, no wrongdoing and nothing im- deeply involved—leaves me no choice, political operation in these matters, proper. But they won’t even tell us in light of the administration’s lack of including former Political Director what they base that on. They cannot voluntary cooperation. Sara Taylor and her boss Karl Rove has have it both ways. Their continuous Mr. President, I thank, again, the been confirmed by information gath- stonewalling leads to the obvious con- distinguished Senator from Minnesota ered by congressional committees. clusion they have something to hide. for yielding. I know she was to go first. Some may hope to thwart our con- Because they continue their refusal, I I yield the floor to the distinguished stitutional oversight efforts by locking issued these subpoenas. senior Senator from Pennsylvania, the the doors and closing the curtains and So we formally demanded—this is man who probably understands the ne- hiding things in their desks, but we what it is—production of documents in cessity of subpoenas better than any- will keep asking until we get to the the possession, custody, or control of body else in this body. truth. the White House related to the com- The PRESIDING OFFICER (Mr. The House Judiciary Committee, led mittee’s investigation into the preser- WHITEHOUSE). The Senator from Penn- by Chairman CONYERS, is likewise vation of prosecutorial independence sylvania.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7614 CONGRESSIONAL RECORD — SENATE June 13, 2007 Mr. SPECTER. Mr. President, first, I congressional oversight so we have it come from renewable sources. I also thank the Senator from Minnesota for precise, so we can pursue questions and support Senator BINGAMAN, and I am a yielding. I know she yielded to Senator have them in black and white and cosponsor of Senator BINGAMAN’s 15 LEAHY; and Senator LEAHY, the chair- know where we stand. It is important percent standard by 2020. That is be- man of the Judiciary Committee, has for the people whose depositions are cause I believe our country is headed made some comments which I think I being taken that it be written down, down the wrong energy path, and we ought to supplement. too, so nobody can say they said some- need to take it in a new direction. I believe when you have the subpoena thing they didn’t say because we know I can’t tell my colleagues the number issued for Ms. Sara Taylor, the White what they said when it is transcribed. I of times I hear from businesses in my House staff, it is appropriate at this am pleased to say to the distinguished State, including manufacturing compa- time. A letter was sent to Ms. Taylor Presiding Officer, the Senator from nies, about the high costs and how they on April 11 requesting testimony and Rhode Island who is nodding in the af- want to get some new possibilities and documents, and there has been no re- firmative, as a former U.S. attorney, a new direction with where their en- sponse. attorney general, and one who has had ergy comes from. The money issue is It is my hope, as I have said at Judi- experience with transcripts, as has the one thing you hear about from indi- ciary Committee meetings, executive chairman and I, it needs to be written vidual consumers, that you hear about sessions, that we will yet be able to down. from businesses, but there is also the work this out with Ms. Taylor on a co- I hope we can accommodate the com- effect it is having on the environment. operative basis without any further peting interests here. There is no doubt Both the Presiding Officer and I serve controversy. there are very important issues in- on the Environment Committee. We The enforcement mechanism of the volved: The request for resignations have heard countless accounts from subpoenas is very lengthy. The last from the U.S. attorneys and the rea- scientists from all over this country, time it was undertaken, with the con- sons why they were replaced. There is from major CEOs of large businesses in flict between congressional oversight no doubt the President has the author- this country, about the change we are and the White House, it took more ity to remove all 93 U.S. attorneys seeing in our climate and about the than 2 years. That would take us into without giving any reason. President chance we have to do something about 2009, after the election of a new Presi- Clinton did that at the beginning of his it. dent. term in 1993. I think it is equally clear So I have to tell my colleagues, in I think with respect to the subpoena the President can’t replace people for my State I also hear from regular peo- to former White House Counsel Harriet bad reasons. There is a suggestion of ple. I hear from hunters who see a Miers, there again the request went out pressure on the U.S. attorney from San change in the wetlands. I hear from some time ago, and they have not been Diego that she was going after some of people on Leech Lake who say it takes forthcoming, and I think it is appro- former Congressman Cunningham’s as- a month later, a month longer than priate to proceed—again, in a manner sociates, who is serving an 8-year sen- usual to put their fish house out. I hear which looks toward conciliation, looks tence, and that pressure was put on from kids wearing little penguin but- toward resolving it without con- some other U.S. attorney in some other tons. I hear from city council members troversy. direction for an improper purpose, and in Lanesborough who are changing out I talked again today to White House that is an appropriate question for con- their light bulbs. I hear from venture Counsel Fred Fielding on the question gressional oversight. We had a lengthy capitalists in Minneapolis who want to as to how we are going to obtain testi- and heated debate earlier this week on get some standards in place so they can mony from executive branch officials the resolution to say the Senate has no invest in this new green technology. I who are high up in the White House, confidence in the Attorney General. hear from people up in Grand Marais, and the President made a televised That was defeated on procedural MN, where I visited 2 weeks ago. This statement some time ago setting forth grounds. area has had tragic fires. When we saw the acceptable parameters from the But the issue of the operation of the those fires going on in California, they President’s point of view. After reflect- Department of Justice is not yet fin- were also raging in northern Minnesota ing on it and talking to members of the ished. This inquiry is very important. and up into Canada. Nearly 200 build- Judiciary Committee—both Democrats Next to the Department of Defense, ings were downed by this fire in our and Republicans—I think that most of which defends the homeland and is our State—some of them beautiful homes— what the President wants can be ac- military defense, next in line is the De- homes that have been in families for commodated. partment of Justice, which deals with years and years and years, rustic cab- He does not want his officials, his terrorism, deals with drugs, deals with ins and businesses. Of course, the peo- employees, put under oath. My pref- violent crime and that department has ple who gathered to meet with me had erence would be to have an oath, but I to function in the interests of the immediate problems. There was no would not insist on that because the American people. And getting to the phone service to many of these places. testimony would be subject to prosecu- bottom of this investigation is impor- Many of the lodges that rely on tour- tion under the False Statements Act, tant for that purpose. So I wanted to ism were having trouble even taking 18 United States Code 1001. appear to make these brief comments, orders. But in the middle of all this, He does not want to have the sessions following the statement by the distin- with these scarred forests surrounding public. My preference again would be guished Chairman. I thank the Senator us, there were people who wanted to to have them public, but I would not from Minnesota. talk about climate change, including insist upon that. I yield the floor. ski resort owners who had seen a dra- He does not want to have the officials The PRESIDING OFFICER. The Sen- matic drop in their profits when we come before the Senate Judiciary Com- ator from Minnesota is recognized. have had less snow and people who mittee, then before the House Judici- Ms. KLOBUCHAR. Mr. President, last were very concerned about their busi- ary Committee, and I think we can ac- Wednesday I came to the floor and in- nesses and the future of this country. commodate that, having members of troduced legislation that would place So this standard is not only impor- both committees—both Democrats and the country on a path toward a better tant for investing in our country for Republicans—in a manageable group to energy future by requiring that 25 per- more jobs and putting a renewable obtain the necessary information. cent of our Nation’s energy, our Na- standard in place that will spur invest- The one point where I think it is in- tion’s electricity, come from renewable ment, it is also important for our coun- dispensable is that we obtain a tran- sources. This made sense to me because try’s future and our environment. script. If you don’t have a transcript, this is what we do in Minnesota. As my A strong renewable energy standard people walk out of the room in per- colleagues know, all good things come is good policy. Let’s look at where our fectly good faith and have different from Minnesota. electricity comes from. Currently, we versions as to what happened. I think But today, Senator BINGAMAN has in- have 52 percent coming from coal. We it is in the interest of all sides to have troduced an amendment requiring that have 15 percent coming from natural a transcript. It is in the interest of 15 percent of our Nation’s electricity gas. We have 3 percent from petroleum,

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7615 20 percent from nuclear, 7 percent from rates exceeding 30 percent annually. how the States are the laboratories of hydro, and only 3 percent from renew- Now, some of this is because the democracy. That is what you see going ables. Compare this with countries States—and I will talk about this in a on here. The States are the labora- such as Denmark, where they are see- minute—have shown foresight and have tories of democracy, and you talk ing something akin to 50 percent com- been ahead of the game, but we need to about how one courageous State can ing from renewables, and Great Britain do more. The question is: Does the make a decision to set policy and can and other countries. What a strong re- United States want to be a leader in be used as a laboratory for the rest of newable standard can do is it can diver- creating new green technologies in the the country. I don’t think he ever sify our electricity sources so we are new green industries of the future, or meant, when he wrote that opinion, not so reliant on energy sources such are we going to sit back and watch the that that should mean inaction by the as natural gas that are vulnerable to opportunities pass us by? Federal Government. In fact, it should periodic shortages or other supply Tom Friedman, who actually comes be the opposite. The States experi- interruptions. A strong renewable en- from Minnesota, wrote a cover story ment, the States show, such as our ergy standard can also save the Amer- for the New York Times Magazine State has, you can put high standards ican consumer money. According to about a month ago about the power of in place, you can start developing these studies, a 15-percent renewable elec- green. He talked about a new green industries, and it is a good thing. tricity standard will save consumers a deal—not like the old New Deal; not It revitalizes our rural economy. It is total of $16.4 billion on their energy necessarily the kind of money we are cleaner for our environment. It allows bills by the year 2030. talking about there, but that the Gov- us to invest in new jobs. Now it is Let’s look at some of the savings. ernment’s role should be to set those time—we have seen the story across What are we going to get if we put in standards and industry will meet them. the country—for the Federal Govern- a national renewable electricity stand- The Government’s role should be to ment to act. ard of the kind I have talked about, seed new research and to promote What I want to see when we vote on which is up to 25 percent, and the kind green technology and direct us that Senator BINGAMAN’s amendment is a that Senator BINGAMAN and I have way; otherwise, if we don’t do that, if bipartisan effort, bipartisan support for sponsored here today at 15 percent by we don’t have the kind of 15 percent this kind of amendment. 2020? We will get 355,000 new jobs, near- standard we are talking about on a na- Let me tell you what happened in our ly twice as many as generating elec- tional level, I can tell you what is State. In February, the Minnesota Leg- tricity from fossil fuels; economic de- going to happen because we are already islature—it is a Democratic State sen- velopment, $72.6 billion in new capital seeing it happen. We no longer are the ate, Republican statehouse—passed investment; $16.2 billion in income to world leader in two important clean nearly unanimously this 2025 standard. farmers, ranchers, and rural land- energy fields. We rank third in wind In fact, for Xcel Energy, our biggest owners; $5 billion in new local tax reve- power production behind Denmark and energy company, it is 30 percent. They nues; consumer savings of $49 billion in Spain. We are third in photovoltaic passed that nearly unanimously, a lower electricity and natural gas bills; power installed behind Germany and Democratic house, a Democratic sen- a healthier environment with reduc- Japan. Ironically, these countries have ate, with a number of Republicans, a tions in global warming, as I discussed, surpassed us using our own technology. majority voting for it, and then they equal to taking nearly 71 million cars They used the technology we developed sent it to a Republican Governor, and off the road; less air pollution, less in our country. We came up with the that Republican Governor signed it damage to land, and better use of our right ideas, but we didn’t capitalize on into law. It is considered the Nation’s water. the innovations with adequate policies most aggressive standard for pro- I have seen it firsthand in my State, to spur deployment. The Federal Gov- moting renewable energy in electricity in southwestern Minnesota, where ernment, in fact, has been complacent. production. I think Minnesota’s aggres- there are wind turbines coming up ev- They have been watching the opportu- sive standard is a good example, but I erywhere. They have even opened a bed nities go by. also think the bipartisan way in which and breakfast near Pipestone, MN, be- Now, this is not so of the States. I it was set should be a model for Fed- cause they are so excited about these know Senator SALAZAR borrowed my eral action. wind turbines. If you were looking for chart about an hour ago, but I like this The courage we are seeing in States a romantic weekend and time away chart because it shows the progress such as my own should be matched by from your State of Rhode Island, you that is going on across the country. the courage in Washington. We should could actually go down there and stay You can see it is not limited to one be prepared to act on a national level, overnight and wake up in the morning area. It is not limited. We have heard especially when the States and local and look at a wind turbine. That is the about what California has done and communities are showing us the way. package. how aggressive they are. I am always There is now an opportunity for the But the point is this: The people in telling the Senators from California it Federal Government to act, and this that area are so excited about the de- is great what you have done, but it is Energy bill has many good things in it. velopment and the potential manufac- important to talk about what is going I love the standards for appliances, the turing that is going on, that they want on in the rest of the country. standards for buildings. I like to call it people to come and see it. We also have You look at what is happening in my ‘‘building a fridge to the 21st century.’’ individual homeowners and school dis- own State of Minnesota: 27.4 percent But I also would like to see some even tricts that are trying to figure out how mandated renewable standards by 2025. bolder action. That bolder action they can put a wind turbine up so they We have what is happening in New comes in many forms, but one that is can bring that kind of homegrown re- Hampshire: A 23.8 standard by 2025. We most important to me is putting this newable energy into their places of have Maine, which actually has a renewable standard into law. business and into their homes. standard and goal, as opposed to a We have everything we need. We just A strong renewable energy standard standard, of 30 percent by 2000; Vir- need to act. We have the scientific is going to save us money, and it is ginia, 12 percent by 2022; We have New know-how in this country. In my State, going to cause this kind of investment. Jersey, which has been a leader in this we are so proud of the work that is It is going to open the door to a new area, at 22.5 percent by 2020. If you go going on at the University of Min- electricity industry that will bring all the way out to Montana, you see a nesota and the State colleges across thousands of jobs and billions of dollars 15-percent standard by 2015; if you go the State. It is going on everywhere. into our economy. up to Washington, 15 percent by 2020. If We have the fields to grow the energy Over the last 20 years, America’s re- these courageous States are willing to that will keep our Nation moving, and newable energy industry, and the wind do this with no direction from the Fed- we have the wind to propel our econ- industry in particular, has achieved eral Government, I think it is time for omy forward. The wind is at our back, significant technological advance- us to act. and it is time for us to move. It is time ments. The industries for solar and It was Louis Brandeis, the judge, who to act. The only thing that is holding wind and biomass are expanding at once in one of his opinions wrote about us back is complacency.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7616 CONGRESSIONAL RECORD — SENATE June 13, 2007 In my office in the lobby, I have a into turbines, and this produces the ing any new hydro development, it picture. It is a picture of someone hold- power. About 40 percent of the power in makes one wonder: How will they be ing a world in their hands. The words urban Alaska comes from projects such able to achieve the standards that have on it read: The angel shrugged, and she as these. They have zero environmental been set forth in a renewable portfolio placed the world in the palm of our impact. They do not affect the stream standard if we cannot count the hydro? hand. She said if we fail this time, it is flows. They do not affect the fish runs. I am concerned that we will move to- a failure of imagination. So I have to look at the two different ward a one-size-fits-all solution. It is We in the Senate in the next 2 weeks proposals and ask: How are we treating something we are wise to avoid; other- have the opportunity to show this hydro? How are we treating runs of the wise, we have electricity consumers in country and the world that we have the rivers, the lake taps? How is that in- many of the States that will be better imagination for a better world and we cluded in the proposals? I believe ig- off by not having a Federal mandate at have the imagination that we can start noring the potential for hydropower all but continuing under this patch- having our energy and our electricity where it can be done without emissions work arrangement of State renewable produced by the wind and the sun, that and without any other environmental portfolio standards that are already we have the imagination that we can impact is a mistake and a needless being formulated. For them, it may be have a better environment. mistake. better to stick with that patchwork This is the time to act, and I urge my The clean portfolio standard also al- program than a Federal approach. colleagues to support the 15-percent lows utilities to count not just the in- I have heard from the American Wind standard for renewable energy. cremental nuclear power and the power Power Association that the provision Mr. President, I yield the floor. from the next generation of nuclear, in this amendment that allows the Sec- The PRESIDING OFFICER. The Sen- but it also allows you to count the retary to certify other clean energy ator from Alaska. power saved by energy efficiency pro- sources to qualify in the future some- Ms. MURKOWSKI. Mr. President, I grams. This is an area we all want to how creates a loophole that will harm appreciate the opportunity to hear the encourage. We want to encourage en- renewable energy progress. But given the standards that are contained in the comments of my friend and colleague ergy conservation and efficiency pro- amendment, I don’t believe this is a from Minnesota. She speaks of wind in grams. This, I think we will all agree, problem. All the provision does is allow her State. It is fair to say that in cer- is a justifiable addition to the bill. tain parts of my fair State of Alaska, Some will argue that the amendment new technology to be classified as re- we, too, have incredible winds that waters down Congress’s commitment newable to benefit from the incentives this provision creates without waiting sometimes we feel could power the en- to push renewable energy. I am just for Congress to act, which we all know tire Nation with the amount of wind not buying into that argument. That is can be a very lengthy process and one energy we have. In fact, sometimes the not the case. By increasing the stand- we really don’t even want to count how winds are too strong and we cannot ard to 20 percent from the 15 percent long that can be. keep wind generation units up because starting in the year 2020, we have offset As a strong supporter of renewables the force of the winds is that intense. any reduction in effort, but we have and a really strong supporter of wind But I do recognize that all States are made the provisions more fair to all energy, I am a huge proponent of wind not created equal in terms of their the States. As I mentioned, all States energy. I am the sponsor in this bill of ability to produce forms of renewable are not equal in their ability to a grant program to have the Federal energy, such as wind. produce renewable energy. Government help pay up to 50 percent I am a very strong supporter of re- All State utilities can sponsor energy of the cost of renewable projects to newable energy, really all forms of re- efficiency legislation. Most States are help get the renewables over the hump newable energy. Whether it is geo- able to move toward nuclear power. of the higher construction costs. I want thermal, ocean energy, wind, solar, Most States have some access to hy- to work to encourage a rapid expansion biofuels, all aspects of renewable are so dropower. Most States can benefit from of renewables. We need to increase re- important. I want to explain this after- landfill gases or from some forms of newable use in this country tenfold. We noon why I am supporting the clean biomass. And all States can utilize fuel are currently at 2 percent. We need to portfolio standard over the renewable cells to reach a clean energy standard. get to 20 percent, and this is what is portfolio standard and actually think But not all States have consistent wind called for in the clean portfolio stand- that the clean standard is the best for patterns, have cloudless energy poten- ard. But I think we need to be careful the environment and for the public. tial or good geothermal or ocean op- about narrowing the list of tech- Both of these proposals will encour- tions. nologies so that we in the Government, age States to promote the most forms I look at the State of Alaska, with we in the Congress are not picking the possible of renewable energies, whether our geography and with our consider- winners and losers; that we allow wind they be solar, wind, geothermal, ocean, able landmass, considerable coastline, to compete with ocean energy, with biomass. All are covered equally under and say we are blessed with incredible geothermal energy; that we allow hy- both of the proposals. resources when it comes to renewable dropower to compete with the advan- For my purposes and where I am resources. We have incredible geo- tages of energy efficiency programs. really honing in is in the area of hydro- thermal potential. We have strings of We have to remember that if the Fed- power, and this is one key area where volcanoes up the Aleutian chain and eral Government does not generously the different proposals part company. even in our south central area. With a finance renewable power projects, con- Under the renewable portfolio stand- coastline the size we have in Alaska, sumers will be paying the bills for their ard, new hydropower does not count to- we have potential from ocean energy construction through higher power ward meeting the production mandate, that is unequaled anywhere else in the rates. We have a fine line to walk be- only incremental power. The addition United States. We have, as I men- tween promoting renewables and rais- of turbines to existing facilities can tioned, incredible wind potential, and ing the cost of electricity in some parts count. we are seeing that particularly in our of this country too quickly and too Under the clean portfolio standard, coastal communities where we are able high. That program, if you will, will new hydropower, not the power from to put wind-generating units, offset- harm low-income families and the com- dams that span the rivers, but all other ting the cost of diesel, which is what petitiveness of the economy. forms of new hydropower, such as currently powers far too many of our So while both proposals are admi- power from small hydro projects and communities in the State of Alaska. rable in very many respects—and I from lake taps, can count toward that My point is, we are blessed in Alaska commend the chairman of the Energy renewable requirement. That is a very with renewable energy options. Those Committee for his hard work in this important difference. in perhaps the southeastern part of the area—I do believe the clean portfolio In my State of Alaska, we tap the United States have already pointed out standard overall does a better job and mountain lakes, those that have few some of the very real concerns they is more fair to States that have dif- fish. There is a hole that is literally have with a renewable standard. In the ferent abilities to meet our renewable drilled in the bottom. It runs the water Pacific Northwest, if we are not count- portfolio standard.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7617 I urge my colleagues to study this, happen to have electricity trans- technology has advanced by leaps and study it very carefully, and have an mission lines located where the renew- bounds, not because we ordered indus- open mind when they cast their vote on able resources are. The States, I be- try to generate more renewable power these provisions. lieve, know best on how to promote but because we gave incentives to gen- Mr. President, I yield the floor. and manage the renewable resources erate new renewables. The Bingaman Mr. BINGAMAN. Mr. President, I unique to their States without another approach turns that on its head. Under suggest the absence of a quorum. Federal mandate. the Bingaman amendment, renewable The PRESIDING OFFICER. The We had this discussion this morning producers will gravitate to low cost, clerk will call the roll. when I had my refinery amendment up. existing renewable sources. They will The assistant legislative clerk pro- I said there is this mentality in Wash- have no incentive to innovate and ceeded to call the roll. ington that no decision is a good deci- bring their costs down. The power gen- Mr. INHOFE. Mr. President, I ask sion unless that decision is made in erated will be sold almost regardless of unanimous consent the order for the Washington, DC. I think that is what cost. quorum call be rescinded. we are looking at here. This is an issue The Bingaman amendment is nothing The PRESIDING OFFICER. Without that should be left to the States, not more than the Government deciding objection, it is so ordered. enacted in an RPS. The decision should which type of energy is politically in Mr. INHOFE. Mr. President, I have not be preempted, especially not when favor and which type is politically out made it a practice for the last—I don’t the cost is $6 billion. of favor. Right now, the wind industry know how long it has been now, 12-plus I know a lot of people are thinking, is the big political winner. It is lower years in the Senate—that any time I in terms of the things we talk about in cost than most renewables, cur- see a major tax increase coming along, here in Washington, DC, $6 billion is rently gobbles up 95 percent of avail- at least I want to voice opposition, to not an astronomical amount. But take able tax credit, and has the largest get on record against it. That is what a State with a population of the State lobby for the Bingaman amendment. we are talking about right now with of Oklahoma. A $6 billion tax increase Wind-generated power has significant the renewable portfolio standard that is huge, particularly when you do not environmental problems we need to ad- is before us. get anything for it. I support development of renewable I hope we will oppose the amendment dress. First, wind turbines take up lots of space to generate any significant energy resources, as do the citizens of of Senator BINGAMAN on renewable my State of Oklahoma. In fact, in 2006, portfolio standards. amount of energy, making them poor Oklahoma was ranked sixth in the Na- Mr. KYL. Mr. President, I rise today for urban environments and problem- tion for wind energy capacity, sur- in opposition to the Bingaman amend- atic for landscape viewsheds, especially passed only by Texas, Minnesota, Iowa, ment relating to the renewable port- near our Nation’s national parks. They California, and Washington State. folio mandate. The Bingaman amend- are also dangerous for wildlife. The Na- Those are real turbines lighting over ment would impose a 15-percent port- tional Academy of Sciences stated in a 150,000 homes in Oklahoma without an folio requirement for a limited number report released this year that bats are RPS. of so-called renewables by 2030. I op- at considerable risk in the South- Let me emphasize, Oklahomans are pose this amendment as I have opposed western United States and elsewhere, developing wind energy without a one- such proposals in the past because it is where reliance on wind power has been size-fits-all Federal mandate known as an egregious example of Federal com- growing. The wind-power turbines gen- an RPS, renewable portfolio standard. mand and control of the marketplace. erate sounds and, possibly, electro- Quite a number of years ago I spent a Renewables have been and will con- magnetic fields that lure the acous- number of years as mayor of a major tinue to be an important part of our tically sensitive creatures into the American city. Its problems were not energy mix. Hydropower, solar, geo- spinning blades. In addition, local bird the ones you would think, not crime in thermal, wind, municipal solid waste populations are also at risk. NAS also the streets, not prostitution. It was all make substantial contributions to stated that local bird populations, es- Federal mandates that were not fund- our energy needs. These and the other pecially peregrine falcons and other ed. This is exactly what we are looking power types—nuclear, clean coal, and raptors that are attracted to windy at here. natural gas—succeed in the market be- areas where the generators are likely Under this amendment, Oklahomans cause they are cost-effective, not be- to exist, are at risk and called for addi- would pay an additional $6 billion for cause the Federal Government has re- tional study. Raptors ‘‘are lower in their electricity. You might ask where quired them to be bought. abundance than many other bird spe- would that money go? It would go to Congress has long supported renew- cies, have symbolic and emotional perhaps the Federal Government to able energy. That is one thing—Federal value to many Americans, and are pro- spend as it pleases, or it would go to mandates are another. Fundamentally, tected by federal and state laws.’’ Be- other States that are lucky enough to I oppose Federal command and control sides these environmental impacts that have the particular energy sources that of the marketplace. I have no doubt must be looked at, the fact is, wind environmental groups decide today that any requirement that a particular just doesn’t blow enough in most parts they want. percentage of electricity generation by of the country for this to be a viable How does this promote clean energy renewables can be met. During World source of energy for utilities across the in Oklahoma? It does not. The amend- War II, through a tremendous expendi- country to rely on. ment cherry-picks technologies that ture of money and effort, we developed I believe the kind of energy utilities have to be blessed by environmental nuclear weapons when no one thought use to generate electricity should be groups but ignores the real clean en- it was possible. During the sixties, no based on the free market and consumer ergy benefits of nuclear power, hydro one thought it was possible to send a choice. If consumers want to buy the power, clean coal, and energy effi- man to the Moon, but we did. A renew- kind of renewable energy mandated by ciency. able portfolio mandate of any percent, the Bingaman amendment, they are A kilowatt saved is a kilowatt be it 15 percent as proposed here or free to do so. Likewise, if they want to earned. You can’t get cleaner than en- even 50 percent, is achievable—whether spend their money on something else, ergy efficiency, but it doesn’t comply it be through actual generation of en- they should be free to do that too. Con- with the amendment. ergy or through the purchase of credits sumers are better able to decide what The RPS amendment is nothing more from the Federal Government. But at is in their own interest than govern- than a tax increase. It is a tax on what cost? What cost in terms of elec- ment. Why should a family of four States that lack enough natural re- tricity rates to be paid by American struggling to meet its monthly bills, to sources to meet the 15-percent man- consumers, estimated at over $100 bil- educate the kids, or help elderly par- date. It is a tax on States that do not lion by 2030, at what cost in terms of ents be required—due to Federal polit- harness the particular renewable tech- stifling technological advancement ical correctness—to purchase high- nologies enshrined in this amendment, into other alternative sources of en- priced energy instead of meeting fam- and it is a tax on States that do not ergy? Over the past 20 years, renewable ily obligations?

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7618 CONGRESSIONAL RECORD — SENATE June 13, 2007 Over 20 States have already adopted to meet their energy needs and allow this is too complicated. This is the big their own renewable standards, includ- the free market to work. Thus, I will hand of Government. It sounds like ing my home State of Arizona. They vote no on the Bingaman amendment. more taxes. It is going to force some each did so, presumably, because those The PRESIDING OFFICER. The Sen- change, pick winners and losers, let’s States decided it was in their citizens’ ator from Illinois. put this off to another day. Let’s get best interests. I have long believed that Mr. DURBIN. Mr. President, I rise back to this next year or the year decisions affecting people’s lives and today in support of the renewable port- after. livelihoods should be made at levels of folio standard offered by Senator JEFF I have heard that song before, over government that are closest to the peo- BINGAMAN of New Mexico. The phrase and over again. I do not believe the ple, not by bureaucrats in Washington. ‘‘renewable portfolio standard’’ is a American people sent us to Washington Let’s look at the problems with a question most of us would fail on the to put off addressing the problems Federal renewable portfolio mandate. final exam. What does it mean? To try which we face in this Nation and this First, as I said before, it picks certain to put it in the most simple terms, world today. We have to tackle them. politically favored renewable energy what we are trying to achieve here is Some of them are controversial. Some types for special treatment, ignoring the generation of electricity through of them may not be popular back what States have already decided to do means which meet the needs of our home. But we are sent here to make a on their own. The supporters of the families, our businesses, and our econ- decision. Even if the decision is uncom- amendment will tell you that is not omy, but create fewer environmental fortable for some, we have to under- the case and that State programs can problems. That is it—renewable fuel. stand it is important. continue, but that is only true if the By doing this, we are going to end up This renewable portfolio standard—a State picked the same favorites this with an environment which is kinder mouthful, if you will—requires retail amendment does. For instance, what and cleaner for future generations. electric utilities to include 15 percent about Pennsylvania? Pennsylvania Let’s be very honest about this. renewable energy in their generation portfolios by the year 2020. We give a took a look at its energy availability Some of the people who oppose this re- lot of flexibility to the utilities about and determined that coal to liquids newable portfolio standard do not be- how to reach this goal. They can gen- made sense given its vast coal reserves. lieve we have an environmental prob- erate this renewable electricity them- So coal to liquids counts toward meet- lem. They do not believe global warm- selves—build wind farms or solar facili- ing its State RPS. Under the Bingaman ing exists. They do not believe climate ties. Some people say maybe these change is an issue. They do not believe amendment, Pennsylvania would not wind farms won’t work. I did not know pollution is a problem. They can’t un- be able to count this source toward the much about wind farms myself. What I derstand why we are trying to change Federal mandate, in effect gutting its read suggested my home State of Illi- the way we generate electricity. If that State RPS program and increasing the nois was just OK when it came to wind is your point of view, I can understand costs to consumers. energy. But now as I move around my This example brings me to a basic why you would oppose the amendment State, I see big changes. In the Bloom- problem with a Federal renewable of Senator BINGAMAN, because it seems ington-Normal area, central Illinois, mandate. Some regions of the country like much ado about nothing. Why the Twin Groves project, they are in are blessed with abundant renewable would we be spending all this time, all the process of building 240 wind tur- resources, while others are not. The re- this effort, all this debate, and all this bines, huge turbines. newable mandate will create stupen- force in changing the way we generate Sadly, they are made in Europe. I dous transfers of wealth from renew- electricity if everything is fine the way hope the day comes soon when more able-poor States to renewable-rich it is? are made in the United States. But States. This means that consumers in I am not one of those persons. I be- they are coming here to generate, with New York City will send their hard- lieve we do face some serious environ- the wind blowing across the cornfields, earned dollars to wind generators in mental challenges in the world today electricity. It is a $700 million invest- Minnesota. Think about it. Consumers which, if they go unresolved and unan- ment. It will generate enough elec- in New York City will pay for renew- swered, will change the Earth on which tricity from these wind turbines spread able electricity they don’t even get. we live. In fact, I think the process is out among the cornfields to take care That is not fair. If the purpose of the underway. I do not think it is positive. of the needs of 120,000 families in cen- renewable mandate is to lessen our de- I think the evidence is abundant that tral Illinois. At the end of the day, pendence on foreign energy, there are as we become more industrial in the there will not be pollution added to the better ways: nuclear power, clean coal, world we live in, we have generated atmosphere. It will be natural wind and oil and gas from regions of the more smoke, more pollution, more power turning the turbines, generating United States that have been put off greenhouse gases, and it is changing the electricity for the families and limits. the world in which we live. businesses in that area. That is renew- Let’s face it, we have to have reliable Some people will say that is what we able electricity. sources of energy to meet the ever in- expect to hear from the environmental- When it comes to solar power, I guess creasing consumer demand for elec- ists, those extremists, those tree some people think that is a vestige of tricity. However, the primary sources huggers. They have been singing this some musings back in the 1950s and of energy that will be necessary to song ever since Earth Day was first 1960s, but it is not. Solar energy today meet this mandate, wind and solar, are created. But you know what is hap- is growing in its usage. You see it all intermittent sources. What happens pening? There are some hard-headed over the United States, little solar pan- when the wind doesn’t blow or the Sun businessmen coming to the same con- els that are now collecting enough en- doesn’t shine? As we learned in eco- clusion. When I visit a major insurance ergy to do little jobs. Then you take a nomics 101, there is no such thing as a company in my home State of Illinois look at the world scene and look at a free lunch; consumers will pay. They which has announced it is no longer country such as Germany, not a coun- will pay for the renewable energy and going to write property insurance on try you might single out as being a they will pay for the backup capacity Gulf Coast States for fear of the vio- leader when it comes to solar energy. that will come from what we know are lent storms that are causing damage, it As a country, I doubt it has much more reliable sources of energy—nuclear, tells me this has gone beyond the sunshine than parts of the United coal and natural gas—to keep the musings of some people in the green States. But 20 years ago the Germans lights on. movement. It now has become an eco- made a commitment to solar energy Mr. President, let me return to my nomic reality, that the world is chang- and now that commitment is paying fundamental concern about the renew- ing and in some respects not for the off. By guaranteeing return on invest- able mandate. The Bingaman amend- better. ment, more and more solar panels are ment gives the Federal Government If we know that to be true, the obvi- being installed and they are generating the power to micromanage the market- ous question is what will we do about more electrical power from the force place with a one-size-fits-all mandate; I it? Listen to the debate on the floor, and power of the Sun. We can do the want States to determine the best mix Senator after Senator coming in saying same.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7619 How do you reach that goal, for more Paw Paw, IL, that really was kind of cent by 2013; New York, 24 percent by solar panels? You create incentives. disappearing on us, with a little cafe or 2013; Colorado, 16 percent by 2020. How do you create these incentives? two and a little gas station, all of a By diversifying and decentralizing The Bingaman amendment. The Binga- sudden people are paying attention. our energy infrastructure, increased re- man amendment says if you are an Why? Because they have about 20 wind liance on renewables provides environ- electrical power generating company, turbines right next to Paw Paw, IL. mental, fuel diversity, national secu- we want 15 percent of the power you I stopped my car and went over to rity, and economic development bene- generate by the year 2020 to come from the farmer who lives in the shadow of fits for everybody. Increasing renew- sources such as wind and solar panels. these wind turbines. This man had a able energy will reduce the risks to the What is that going to do? It is going smile from ear to ear. He is getting a economy posed by an overreliance on a to change the nature of the solar power monthly lease payment for them to put single source of new power supply. industry. There will be more compa- the wind turbines on his property, and Additionally, the 15-percent national nies, there will be more compensation, he has planted corn right next to these standard will reduce carbon dioxide there will be more research, there will wind turbines. He is getting the best of emissions by nearly 200 million metric be more efficiency. When it is done, we both worlds—the lease payment and tons per year by 2020—a reduction of 7 will end up with the electricity we need the production from his own land. He percent below the business-as-usual to lead the good lives we have without couldn’t be prouder. level. That is the equivalent—the creating a mess in this atmosphere How did they end up putting those Bingaman amendment is the equiva- that changes the climate and creates wind turbines in that tiny town? I can lent of taking 32 million cars off the pollution, creates problems such as tell you why they put them there. Be- road. asthma and lung disease. We will be cause the mayor of the city of Chicago, Furthermore, the Energy Informa- moving in the right direction instead about 50 to 60 miles away, said to the tion Administration study found that a of the wrong direction. utility company, the electric company 20-percent renewable energy standard There will always be voices opposing supplying electricity to the city gov- would reduce the cost to consumers of this kind of change. It is too much for ernment, that they required—the city meeting four pollutant reductions from some people. It is a vision of the world contract required a percentage of re- powerplants by $4.5 billion in 2010 and they cannot imagine. It is addressing a newable sources of electricity. So this $31 billion in 2020, compared to meeting problem which many of them do not electric power company decided they the emission reductions without a re- even acknowledge and that is why you needed to build some wind turbines. newable standard. run into resistance. They built them, put them in Paw I support this amendment. I believe Some say it is a great idea, but Paw, IL. They are now feeding elec- that diversifying our electricity port- America is not up to this challenge; we tricity into the grid instead of burning folio and encouraging the development can’t generate the technology to meet coal or some other pollutant. They are of clean, renewable resources provides this challenge. Come on. I disagree. trying to find a way to generate elec- economic and environmental benefits There has not been a time in our his- tricity and not make the environ- to our country. tory when this Nation has been chal- mental situation worse. It works. It is I would say to those who are engaged lenged to achieve anything, from a in smalltown America. It is in rural in this debate: Do not bemoan global man on the Moon to taming the atom, warming, do not cry about climate that we have not risen to the chal- America, and it pays off. We have over 100 megawatts of wind change, do not say you really are con- lenge. We can do it here and we must energy in Illinois already. A conserv- cerned about pollution if you cannot do it here. I believe in the creative ge- ative estimate shows these turbines accept the challenge of the Bingaman nius of this American system of gov- generate enough electricity currently amendment. In the next 13 years, we ernment and this economy. If you believe in it, a 15-percent re- to power 22,500 homes; another 300 can meet this goal. It is a challenge to newable portfolio standard is not a leap megawatts under construction, and America which we can meet and ex- of faith. Of course, if the electric utili- that would generate another 1,200 ceed. I am confident we will. In the ties do not have their own generating megawatts of electricity. If all of those process, we will find cleaner ways to capacity through solar panels or wind projects are completed, Illinois will be generate electricity. We will create power or other sources, they have an generating enough electricity to power less pollution for the people who live in option under this to purchase credits over 370,000 homes from this wind en- this country. We will end up with new from other utilities that do. ergy. technologies, new business opportuni- This is a market-based mechanism Now, with a 15-percent renewable ties that demonstrate the strength of that Senator BINGAMAN’s amendment portfolio standard, America would in- this great country in which we live. We addresses. It will drive competition crease its total homegrown, clean, re- can meet this goal. We should not into the renewable market without newable power capacity 41⁄2 times the shrink away from it. picking winners. It is basically going present level. Senator BINGAMAN’s I thank the Senator from New Mex- to say: We have some goals we have to amendment gives us 13 years to reach ico for his leadership in bringing this meet; now who can do those best? that goal. It is not unrealistic. In fact, amendment. Using the Energy Information Admin- I think one might argue we can do bet- I yield the floor. istration’s data, a national 15-percent ter. I hope we will. The PRESIDING OFFICER (Mr. renewable portfolio standard would Some States have already adopted OBAMA). The Senator from New Mexico. save American consumers $16 billion on standards far higher than what Senator Mr. DOMENICI. Mr. President, I their electric and natural gas bills by BINGAMAN is suggesting as a national don’t know how much longer we are the year 2030; commercial customers standard. With the abundance of re- going to be here this evening. I have would save $8 billion; industrial, $5 bil- newable energy resources—the sun, the not been able to confer with Senator lion; residential, $3.3 billion. wind, the Earth itself—the technical BINGAMAN on the timing. But I do not A renewable portfolio standard will potential of major renewable tech- think we are going to be here very late. create jobs and income in rural areas. I nologies could actually provide more I am not sure—I mean, I am sure we know this for a fact; that is where I than five times the electricity America are not going to vote on either amend- come from. I come from downstate Illi- needs. ment this evening. Nonetheless, there nois, I have seen these wind farms, and There are limits of how much this po- are a couple of Senators—at least one they work. Each large-scale wind tur- tential can be used because of com- standing there—who have not talked bine that goes on line generates $1.5 peting land uses and costs, but there is today and who want to. million in economic activity and pro- more than enough to supply 15 percent, I am going talk for a little bit. First, vides about $5,000 in lease payments maybe even 20 percent. I want to say to everybody—including per year for 20 years or more to a farm- Twenty-one States and the District the previous immediate speaker who er, rancher, or landowner. of Colombia have already established a spoke about what kind of people we are If you drive south of Rockford, IL, renewable electricity standard. Illi- who think we have something better and go through a little town called nois, for instance, has a goal of 8 per- than Senator BINGAMAN—I want to say

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7620 CONGRESSIONAL RECORD — SENATE June 13, 2007 that there is no animus between Sen- fundamental way to get things going from nuclear power all the way down ator BINGAMAN and PETE DOMENICI. We right is for every State to march to the to solar, bio, and everything else. They are friends, and it is almost difficult tune of getting to 15 percent of solar all got the same. We had already begun when people are saying: You do so energy in their base. I am not sure that funding wind power. Again, I say to the many things together; how can you is the best thing for the United States. nuclear industry, but for the Congress come up on opposite sides of this? Well, I think maybe when it was dreamt up, of the United States, the truth is, there I just studied it as best I could, and I nobody thought there were any other would be no wind industry, because came up with what I thought was a bet- alternatives. But there are, and cer- without the tax credits we gave to ter idea. We have to do that. That is tainly we are making a mistake in say- make wind energy work, there would what we are elected for. New Mexicans ing it is going to be the language of the be no wind energy except in a few ought to be wondering what is cooking, Bingaman bill or nothing else when we places. I am not saying that in any way but they also ought to know that he already see that means wind for the negative. I am for it. I don’t know how has an idea and I have a different idea next 20 years or more. many more years we will have to give built on it, and that is all there is to it. What I tried to say in mine was them this tax credit to push them over One or the other or neither will get maybe there is something good about the hump, but I am going to do that be- adopted, and we will have a good ex- pushing States to change. But I pro- cause I believe they ought to move change here on the floor to see what is vided alternatives for diversification. ahead. We are learning both sides of I say to my friend from Montana, I really happening. the wind energy delivery system. We I do want to say that anybody who do not know where you stand on a nu- clear powerplant. If you have never had are beginning to see some negative as- comes to the floor and talks about how pects to it. It was all positive at one much richer we are going to get by one in your State, you are not going to get one because they are building them time. Some people are reporting nega- having a plan like Senator BINGAMAN’s, right where they were. So States that tive ones. Out in the country where we the mandate for each State—I have not used to raise cattle, certainly anybody seen any estimate of the cost to the had them are going to get nuclear pow- erplants within the next 10 years, who leases their land is delighted. They people of either Senator BINGAMAN’s many of them right where the existing make a lot more money out of wind approach or mine. I have seen one of powerplants are. All the Senator from turbines than they do trying to graze Senator BINGAMAN’s plans—two of New Mexico, the senior Senator, said cattle. There is no doubt about that. them, and none of them say you are was that if that is done during the life- Some of those cattlemen are extremely going to make money; both of them time of this program and you put in a happy because they don’t look like the say it is going to cost a lot of money to new nuclear powerplant, you ought to old windmills. They are much dif- the taxpayers. One says a lot more get credit for that. And the only way I ferent. But they pay well, so they are than the other. So I guess they really could think of was to call my portfolio glad. They joined up with wind energy, don’t know. EIA recently studied the the clean energy portfolio. That is those who are lobbying for them. They 15-percent RPS mandate and found what is it. And when you look at it got all the property owners who are that it would cost $21 billion. But there that way—and I added to the avail- getting paid. They joined them. That is was another one that was already done ability of what is allowed, I added nu- good. I don’t know who is lobbying for before that by Global Energy Deci- clear and I added some other things the rest of the kinds of energy we want sions, and they said the cumulative that I truly believe we should pursue to put in so we have diversity. cost to consumers would represent $175 with vigor, and I raised the ceiling to All this is is a vote to distinguish the billion over the 20-year life. But in 20 instead of 15. Now, when you look at two. If you want diversity of clean en- both cases, they said it was going to it, you get a chance of one or the other. ergy, vote for Domenici. If you want to cost money. The distinguished Senator, my col- be tied rigidly by a Federal statute to So I don’t think anybody is going to league from New Mexico, thought it what is almost all wind, vote for Binga- get all excited about a statement down was kind of unexpected that this bill man. If you want to vote for letting here on the floor that, among the many had an opt-out and seemed to make of those who have already met their goal things, having a mandate that every it as if that was something very bad. opt out if they want, vote for Domen- State be the same, have 15 percent, no- Look, we are open and sincere about ici. If you want to say they have to body is going to get excited and stand our bill having an opt-out. When a stay in, somebody ought to tell us all up and jump here on the floor of the State meets the goal, we see no reason why and how long they should stay in, Senate with the idea that this is a good for them to stay in. We think they but if they are going to have to stay in way for each State to make money. It ought to be able to get out. There is and be rigidly construed as to what is going to cost them money. It may be nothing that is naturally ideological or counts, then obviously, you have to a great idea, and it may be worth it. philosophical about it; it just seems vote for the Bingaman amendment. But I am here tonight to suggest— there is no reason to keep them in. We We will have more discussion because and I also want to say that the last have seen no good suggested from keep- everybody is getting well informed and speaker on the Democratic side, the ing them in, and so we think when they asking questions. I don’t know what is Senator from Illinois, spoke also about get through and meet their goal, they going to happen immediately after some of us as if we do not believe in ought to be able, if they want to, to get this. I assume the distinguished Sen- wind energy. Well, let me say, there out. If, in fact, they are already tied ator from Montana will speak. He was are not too many Senators who came together because of electric lines and next. I will be leaving and apologize in to the party here in Washington in the like, they will not destroy all of advance that I would not get to hear helping wind energy. There are not too that. There will still be relationships of his speech about this bill. Maybe some- many who helped them more or came those types which were built, and the day we can meet back up there in Mon- to help them sooner than this Senator. ones that are needed will stay on. They tana on the campaign trail and he can The Senate and the House have been will be there for a long time. talk about Montana and I can talk helping solar energy to a fare-thee- Let me say in closing that one from about I don’t know what. He can tell well. We will continue to do that. But the other side of the aisle need not talk me what to talk about. But it is good I can say to the wind industry that I about those on this side of the aisle, in- to be here with him on the floor. have helped you all the way through, cluding this Senator, as if we don’t un- I yield the floor. and now I note that you are out cam- derstand what wind energy is and we The PRESIDING OFFICER. The Sen- paigning as hard as you can for this don’t have enough dreams about solar ator from Montana. Bingaman proposal, this proposal by energy. We understand both of them. Mr. TESTER. Mr. President, I thank Senator BINGAMAN, this mandate. We have funded both of them. We have the Senator for the kind words. I ap- When you look at it and think about it, put the identical tax benefit on both, preciate that. I look forward to having it is a mandate that we use more and the same as we have put on everything him in ‘‘big sky’’ country anytime he more wind energy. That is what it is. else. wants. Now, I am not at all sure we are right Last year when we did them all, we I rise in strong support of the Binga- in assuming that across this land the gave them all a 27.5-percent tax credit, man amendment. Change is difficult, if

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7621 you are young, if you are old, and of- the climate change issue. It diversifies wealthy, are finding ways of getting tentimes change is difficult in politics. our production as far as where the en- around what was thought to be a But what we are talking about is a na- ergy is produced. It diversifies the en- bright-light idea in 1969. It is hitting tional energy policy, a long-term na- ergy portfolio which is critically im- maybe a few hundred people, finding tional energy policy that people and in- portant. that superrich class not even paying vestors and consumers can depend If the Members of this body want to the tax. So it isn’t serving the purpose upon. Within this national energy pol- help move this country forward, help it was intended to serve, and it will hit icy, there is an amendment called the make this country energy independent middle-class Americans who were Bingaman amendment that deals with and address the global warming issue, I never intended to be hit by it by 23 mil- the renewable energy standard. recommend a ‘‘yes’’ vote on the Binga- lion this year. Interestingly enough, back in 2005, in man amendment. One reason I have previously given a former life when I was in the Mon- I yield the floor. for permanent repeal is it may be dif- tana Senate, I carried a bill for a re- The PRESIDING OFFICER. The Sen- ficult for Congress to revisit the alter- newable energy standard in Montana ator from New Mexico. native minimum tax on a temporary that increased the renewable energy Mr. BINGAMAN. I yield to the Sen- basis every year, as we have for each of portfolio by 15 percent by 2015. Let me ator from Iowa for whatever time he the last 6 years. From January 1 of this tell you what happened there. The im- wishes. year until now, when the second quar- portant parts of this bill were 8 percent The PRESIDING OFFICER. The Sen- terly payment is going to be made, by 2008 renewable energy in the port- ator from Iowa. proves me right, because nothing has folio, 10 percent by 2010, and 15 percent Mr. GRASSLEY. Mr. President, I ask been done. So the new Congress has yet by 2015. That was the bill that we car- unanimous consent to address the Sen- to undertake any meaningful action on ried in the Montana legislature. What ate as in morning business. the alternative minimum tax. Several happened was, the first year they met The PRESIDING OFFICER. Without proposals have been tossed around by the 8 percent. They will meet the 10 objection, it is so ordered. the other body, meaning the House of percent by next year, 2 years ahead of ALTERNATIVE MINIMUM TAX Representatives. I have discussed a few schedule. It is predicted by 2011, the Mr. GRASSLEY. Mr. President, once of them in my earlier speeches. I gen- independent-owned utilities will meet again, as a leader of our party on the erally find these proposals lacking but the 15-percent threshold, 4 years early. Finance Committee, I come to the completely agree with my colleagues The fact is, this amendment is not floor to discuss one of the important that something needs to be done, at cutting edge. This amendment is what tax issues that must come before Con- least I seem to agree. Despite assur- is right for the country, renewable en- gress. That is the alternative minimum ances that the alternative minimum ergy. Everybody talks about wind. tax. I am sure many have noticed that relief is an important issue, nothing Wind is an important part of renewable the alternative minimum tax is fre- has actually been put forward as a seri- energy. But geothermal is also another quently the subject of my many ous legislative solution. This chart I am going to put up re- one. We haven’t even tapped into the speeches. They may be wondering how flects how the alternative minimum geothermal resources we have, and long I intend to keep talking about it. tax has been handled by this Congress they are massive. That is a renewable The simple answer is I intend to keep so far. It is kind of a smoke-and-mir- energy. Biomass, small bore timber, talking about it—meaning the alter- rors example that I use because we wood waste products, crop byproducts native minimum tax—until this Con- gress actually takes some action. In- have had numerous proposals talked to help power generators, that is re- about, but that is all, just talk. An stead of taking action, this Congress newable energy. Landfill gas is another academic discussion is not in any way has done absolutely nothing. The prob- one we haven’t tapped into, a renew- a serious substitute for real action this lem continues to get worse for millions able energy. Electricity created by Congress ought to take, as tomorrow of Americans who will be caught by the solar, by the Sun, is a renewable en- people making their quarterly pay- alternative minimum tax and are now ergy. Biofuels such as camelina, such ments will attest to. as biodiesel, powering generators, that being caught. It is this ‘‘now being I have also come to realize the best is renewable energy. caught’’ that I wish to emphasize, be- way to learn about new proposals that Make no mistake about it, when we cause when I speak about those now deal with the alternative minimum tax talk about renewable energy, it is not being caught by this alternative min- is not to check for the new legislation just wind—although wind is an impor- imum tax, I am referring to those fami- in the CONGRESSIONAL RECORD but to tant factor—it is many different ave- lies who make estimated tax payments check the daily newspaper. In the nues we can go down that suit some and who will be making their second course of reading the Washington Post parts of the country better than others. payment for this quarter this Friday. last Friday, I came across another trial By the way, back in 2005, when we were Last year, 2006, 4 million families balloon—I emphasize ‘‘trial balloon’’— dead last in wind energy production, were hit by the alternative minimum for a new idea about the alternative that little renewable portfolio standard tax. This was 4 million too many. Of minimum tax that was printed in the bill we passed took Montana from 50th course, it is considerably better than business section of the newspaper. A to 15th in the Nation in renewable en- what we know for the year we are in lot of people were out of town on Fri- ergy production. We see transmission right now, when 23 million Americans, day, so I ask unanimous consent that lines being built in the State, some- mostly middle class, will be hit by the the article entitled ‘‘Democrats Seek thing that wasn’t done before. We saw alternative minimum tax. The reason Formula to Blunt Alternative Min- a whole lot of wind generators go up in we are experiencing this large increase imum Tax’’ be printed in the RECORD. rural Montana, where jobs are most this year is that in each of the last 6 There being no objection, the mate- needed, where economic development is years, Congress has passed legislation rial was ordered to be printed in the most needed, where we develop a tax that temporarily increased the amount RECORD, as follows: base for our schools and counties in of income exempt from the alternative [From the Washington Post, June 8, 2007] those areas that have seen depopula- minimum tax. These temporary exemp- DEMOCRATS SEEK FORMULA TO BLUNT AMT; tion, giving these areas hope. tion increases have prevented millions ONE PLAN WOULD IMPOSE SURTAX OF 4.3% What we are talking about is a long- of middle-class Americans from falling ON RICHEST HOUSEHOLDS term policy that will invest in Amer- prey to the alternative minimum tax (By Lori Montgomery) ica’s consumers and this country. In until now. While I have always fought House Democrats looking to spare millions the process, it will result in a 50-per- for these temporary exemptions, I be- of middle-class families from the expensive cent increase in wind generation, a 300- lieve the alternative minimum tax bite of the alternative minimum tax are con- percent increase in biomass generation, ought to be permanently repealed be- sidering adding a surcharge of 4 percent or a 500-percent increase in solar power, cause it was never meant to hit the more to the tax bills of the nation’s wealthi- est households. and it will reduce emissions by some middle class—and it is hitting the mid- Under one version of the proposal, about 1 222 million tons per year by 2030. It is dle class—and because the class of peo- million families would be hit with a 4.3 per- cheap. It is clean. It is a solution for ple it was intended to hit, the super- cent surtax on income over $500,000, which

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7622 CONGRESSIONAL RECORD — SENATE June 13, 2007 would raise enough money to permit Con- bills of many current AMT payers. But they lies earning between $250,000 and gress to abolish the alternative minimum face numerous obstacles. In the Senate, Fi- $500,000 yearly as part of this option. tax for millions of households earning less nance Committee Chairman Max Baucus (D– Now, I am not sure how individuals than $250,000 a year, according to Democratic Mont.) favors AMT repeal but considers it would be treated in this plan. aides and others familiar with the plan. too ambitious for this year. Baucus has said Interestingly, immediately after the Rep. Richard E. Neal (D–Mass.), chairman another year-long patch is more likely. of the House subcommittee with primary re- In the House, some Democrats argue that insistence that this option enjoys a sponsibility for the AMT, said that option more time is needed to explain the issue to great deal of support, the article notes would also lower AMT bills for families mak- the public. The vast majority of households that details of the plan have yet to be ing $250,000 to $500,000. And it would pay for have yet to pay the AMT and may not fully released. In the tax world, the devil, of reductions under the regular income tax for appreciate the value of eliminating the tax, course, is in the details. So I am curi- married couples, children and the working while the wealthy are sure to feel the bite of ous as to exactly what it is that is en- poor. a new surtax. joying this broad political support. All told, the proposal would lower taxes for ‘‘I don’t think there’s enough of an under- I will note that Ways and Means as many as 90 million households, and Neal standing right now that you’ve got this tidal said it has broad support among House lead- tax wave about to hit everybody,’’ said Rep. members have now denounced—now de- ers and Democrats on the tax-writing House Chris Van Hollen (D–Md.), a Ways and Means nounced—this label they have applied Ways and Means Committee. ‘‘Everybody’s Committee member who is also chairman of to this 4.3 percent tax. They have de- on board,’’ he said. the Democratic Congressional Campaign nied the ‘‘surtax’’ label. Neal has yet to release details of the plan, Committee. ‘‘From a political perspective, So, Mr. President, I ask unanimous however, and others inside and outside the we need to lay the groundwork.’’ consent to prove what I said, that an committee say major pieces of it are still in Before the Memorial Day break, Ways and article from Tax Notes Today be print- Means Committee Chairman Charles B. Ran- flux. Some Democrats say Neal’s plan ed in the RECORD. That is a publication stretches the definition of the middle class gel (D–N.Y.) said he hoped to announce an dated June 13, 2007. AMT proposal as soon as Congress returned too far, providing AMT relief to too many There being no objection, the mate- wealthy households. They argue that the to Washington. But his timetable has slipped cutoff for families to be spared from the to late June, Democratic aides said, with the rial was ordered to be printed in the AMT should be lower, at $200,000, $150,000 or issue set to go before the full House some- RECORD, as follows: even $75,000. time in July. [From Tax Analysts, Tax Notes Today, June ‘‘There is consensus to make sure that we Republicans generally oppose new taxes on 13, 2007] have some responsible tax policy that will the wealthy, saying they disproportionately WAYS AND MEANS DEMOCRATS TAKE OFFENSE also treat taxpayers fairly. No one ever ex- affect small businesses, but are waiting to TO NOTION OF SURTAX pected to be caught in the AMT making 75 hear more before deciding whether to work Both House Ways and Means Committee grand,’’ said Rep. Xavier Becerra (D–Calif.), a with Democrats or offer their own plan to Chair Charles B. Rangel, D–N.Y., and com- Ways and Means Committee member whose abolish the AMT. mittee member Richard E. Neal, D–Mass. ‘‘House Democrats are going to have to Los Angeles district is populated by working have said that while their plan to reform the find their sea legs on this issue fast,’’ said poor. ‘‘We’re trying to come up with a fix alternative minimum tax will likely be paid Rep. Phil English (R–Pa.), the senior Repub- that does right by the great majority of for by increasing taxes on the wealthiest lican on the Ways and Means tax sub- Americans who fall into the middle class.’’ taxpayers, claims that they plan to create a committee. ‘‘Folks seem to be launching a The debate has focused attention on a dif- ‘‘surtax’’ on the rich are unfounded. ferent surtax proposed by the Tax Policy lot of trial balloons, and it’s all very festive. ‘‘We have not agreed to any surtax,’’ Ran- Center, a joint project of the Urban Institute But I don’t have enough really to react to gel told reporters June 12. ‘‘But that might and the Brookings Institution. That plan yet.’’ be another way to say that we’re going to ad- would eliminate the AMT and replace it with Mr. GRASSLEY. The concept under- just the rates to make up for what we don’t a 4 percent surcharge on income over $200,000 lying the alternative minimum tax raise in terms of all the loopholes and for families and $100,000 for singles, cutting fixes highlighted in this article in the knocking out credits and looking for this taxes for 22 million households and raising Washington Post is that the alter- $340 billion [in the tax gap].’’ them for more than 3 million. native minimum tax could be abolished Neal also objected to the notion of a surtax ‘‘Our plan is as simple as can be. And only in comments to Tax Analysts on June 11, al- 2 percent of the whole population would have for families and individuals making though he did not completely rule out the to pay it,’’ said Leonard E. Burman, director less than a given amount, and that the possibility of using the proposal when his of the Tax Policy Center. The plan has the resulting revenue loss would then be plan is finally introduced. added benefit of abolishing the complicated offset by a surtax—I want to empha- ‘‘Obviously we’re going to ask 1 million AMT at all income levels, Burman said, an size: creating a new tax, a surtax—on people to help pay for tax relief for 92 mil- approach some lawmakers find attractive. what the article refers to as our ‘‘na- lion people,’’ Neal said. On the other hand, fewer families’ taxes The idea of a surtax to pay for the Demo- would be cut, diminishing the ability of tion’s wealthiest households.’’ crats’ AMT reform proposal was first pro- Democrats to capitalize on the plan politi- Now, when they use the term the posed in a May 23 Urban-Brookings Tax Pol- cally. Since they took control of Congress in ‘‘nation’s wealthiest households,’’ re- icy Center paper in which Len Burman and January, Democrats have made repealing or member that was the whole concept of Greg Leiserson argued that the AMT should scaling back the AMT a top priority in hope the alternative minimum tax in the be repealed and replaced with a surtax of 4 of establishing tax-cutting credentials and first place, in 1969, to tax a few thou- percent on adjusted gross incomes above seizing the issue from Republicans for the sand people with this tax, and now they $100,000 for singles and above $200,000 for 2008 campaign. are not even being hit by it. married couples. That change would lead to The alternative minimum tax is a parallel a more progressive tax system and would be tax structure created in 1969 to nab 155 I will bet you, you could have this surtax, and you are still going to find approximately revenue neutral over 10 years, super-rich tax filers who had been able to they said. (For the paper, see Doc 2007–12677 wipe out their tax bills using loopholes and people who can hire the best lawyers to or 2007 TNT 102–36.) deductions. Under AMT rules, taxpayers avoid paying that tax. When I say Although the details of the Democratic must calculate their taxes twice—once using ‘‘avoid paying that tax,’’ I mean avoid AMT plan have not been released, subse- normal deductions and tax rates and once paying that tax in a legal way, not in quent media reports have claimed that Ways using special AMT deductions and rates—and a way that is extralegal. and Means Democrats plan to employ a sur- pay the higher figure. There are two basic proposals that tax in their effort to comply with House Because the AMT was not indexed for in- have been laid out in that Washington ‘‘pay as you go’’ budget rules. flation, its reach has expanded annually, de- House Majority Leader Steny H. Hoyer, D– livering a significant tax increase this spring Post article. One of them, put forward Md., acknowledged that the idea of a surtax to an estimated 4 million households. The by a member of the Ways and Means is under consideration by the Ways and AMT would have spread even more rapidly Committee of the other body, would Means leaders, but said he was unwilling to after President Bush’s tax cuts reduced tax- use a 4.3 percent surtax on income over ‘‘prejudge’’ whether Democrats in the cham- payers’ normal bills, but Congress enacted $500,000 to offset the elimination of the ber would ultimately support that proposal. yearly ‘‘patches’’ to restrain its growth. The alternative minimum tax for people He added.that pay-go rules will require law- most recent patch expired in December, and earning less than $250,000 a year. makers to make difficult choices when it unless Congress acts, the tax is projected to Now, it is estimated in the article comes to offsetting the costs of any AMT re- strike more than 23 million households next form legislation. spring, many of them earning as little as that the surtax of 4.3 percent would af- ‘‘What we want to do is fix the AMT per- $50,000 a year. fect about 1 million families. It is also manently and fix it in a way that does not House Democrats want legislation to spare suggested the alternative minimum add to the deficit,’’ Hoyer said. ‘‘We adopted those households while also lowering the tax bills would be decreased for fami- pay-go. We believe in pay-go.’’

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7623 Rangel and Neal have also repeatedly said I spoke about the alternative min- Of course, the best solution to this that they are committed to complying with imum tax at the beginning of this Con- mess would be S. 55, and that is called pay-go rules, and Rangel said all revenue- gress, in January and when the first the Individual Alternative Minimum raising options are on the table. ‘‘There’s nothing we’re not considering in quarterly payment was due. I am here Tax Repeal Act of 2007. It is a bipar- terms of raising revenue to take care of the now that the second quarterly payment tisan bill introduced by Senator BAU- AMT and expand the child credits,’’ said is due. I bet I will be here when the CUS, the chairman of the Finance Com- Rangel. third quarterly payment comes due, mittee, and this Senator, along with Rangel’s committee is expected to mark up saying largely the same thing I am Senators CRAPO, KYL, and SCHUMER. its AMT reform legislation in July, with saying right now. Senators LAUTENBERG, ROBERTS, and House floor consideration likely to come the Aside from the fact that Congress SMITH have also later signed on as co- same month. The committee’s AMT plan is does not seem to be under any pressure sponsors. expected to exempt from the AMT taxpayers to actually take action, all of the pro- earning less than $250,000. Those earning While permanent repeal without off- above $500,000 would see an increase in their posals I have discussed here share the setting is the best option, we abso- AMT liability, while taxpayers earning be- same major flaw in that they seek to lutely must do something to protect tween $250,000 and $500,000 would see a re- offset any revenues not collected taxpayers immediately, even if it in- duced AMT liability. Several other proposals through reform or repeal of the alter- volves a temporary solution such as an to benefit lower-income taxpayers—includ- native minimum tax. Notice I said increase in the exemption amount. Of ing expansion of the earned income and child ‘‘not collected.’’ And I did not use the course, if we do not do that, we are tax credits—are also expected to be part of word ‘‘lost.’’ This distinction is impor- going to be in the same fix next year, that proposal. tant for the simple reason that the rev- and I will be making the same points Mr. GRASSLEY. Now, the other plan enues we do not collect as a result of at that particular time. comes from our friends at the Tax Pol- alternative minimum tax relief are not This Friday, taxpayers making quar- icy Center. In a similar plan to the one lost because the alternative minimum terly payments are going to once again I just discussed, a 4-percent surtax tax collects revenues that were never discover the alternative minimum tax would be charged to individuals with supposed to be collected in the first is neither the subject of an academic adjusted gross incomes above $100,000 place. seminar nor a future problem we can and couples with incomes above Let me emphasize that. We cannot put off dealing with. It is the real $200,000. The surtax would apply to in- talk about lost revenue because we are world for those taxpayers filing Friday. come above those thresholds, and the talking about 23 million people being They are being hit by it. The alter- thresholds would be indexed for infla- hit by the alternative minimum tax native minimum tax is a real problem tion after the year 2007. Under this op- who were never supposed to be hit by right now, and if this Congress is seri- tion, the alternative minimum tax the tax in the first place. The alter- ous about tax fairness, we need to would be completely repealed. native minimum tax collects revenues stand up and take action on the alter- To give an idea of how many people it was never supposed to collect in the native minimum tax. would be hit by this surtax, according first place. Originally conceived as a Mr. President, I yield the floor. to IRS statistics of income, in the year mechanism to ensure high-income tax- The PRESIDING OFFICER. The Sen- 2004—the latest year we have informa- payers were not able to completely ator from New Mexico. tion available for—there were 1,427,197 eliminate their tax liability, the alter- Mr. BINGAMAN. Mr. President, let returns filed by singles reporting ad- native minimum tax has failed. me speak briefly. I know my colleague, justed gross incomes of at least In 2004, IRS Commissioner Everson Senator SANDERS, is in the Chamber $100,000. In the same year, married per- told the Finance Committee the same and wishes to speak. I will not delay sons filing jointly numbered 2,569,288 percentage of taxpayers continues to him long. returns reporting adjusted gross in- pay no Federal income tax. So the al- Let me make three brief points with comes above $200,000. ternative minimum tax is not even regard to Senator DOMENICI’s second- Mr. President, 2004 is the most recent working for those who were supposed degree amendment. What that amend- year we have for this data. I realize the to pay it. This was originally created ment does is it does three things to the proposal hits singles with incomes in that first year with just 155 tax- renewable portfolio standard I have greater then $100,000 and my numbers payers in mind. Of the two plans I dis- sent to the desk. would include someone with an income cussed earlier, the one that would im- First of all, it starts out by saying: exactly at that amount, but we can see pact the lower number of filers would Since it is a requirement that you the Tax Policy Center’s plan would im- still hit about 1 million families. See produce a certain percent of the power pact roughly 4 million singles and joint how 155 has grown to 1 million fami- you are selling from renewable sources, filers. It would likely impact more lies? let’s take the base amount of power than that, since my numbers do not in- Finally, if we offset revenues not col- you are selling and redefine it so it is clude heads of households or other cat- lected as a result of alternative min- smaller. It does that by saying: OK, if egories, but you get the idea, I hope, imum tax repeal or reform, total Fed- you are selling any power you produce that a lot of people would still be im- eral revenues are projected to push from nuclear sources, that does not pacted. through the 30-year historical average count in the base. So that automati- Now, as I said before, I am glad peo- and then keep going. cally eliminates 20 percent of the elec- ple are thinking about the alternative This chart I have in the Chamber, tricity being sold in this country minimum tax and realize it is a very which is reproduced from the non- today. real problem out there and, specifi- partisan—I want to emphasize ‘‘non- It says: OK, that way, you can sug- cally, this year, for 23 million middle- partisan’’—Congressional Budget Of- gest to people we have a 20-percent income-tax people who would not oth- fice’s publication called ‘‘The Long- goal here—whereas the one I have sent erwise be hit. But as I have discussed Term Budget Outlook,’’ issued in De- to the desk is only 15 percent. But you more and more of these proposals with cember 2005, illustrates—as you can see do not need to be a mathematician to you, I have started to see them—as my by the red mark—the ballooning of realize that after you take the 20 per- chart indicates—as more smoke and Federal revenues. cent out, and you take 20 percent of 80 mirrors than actual, real legislative The alternative minimum tax is a percent, then you are getting down to proposals. completely failed policy that is pro- 16 percent. So, essentially, there is For one thing, legislation is not in- jected to bring in future revenues it some smoke and mirrors going on troduced in a newspaper—even from was never designed to collect—and 23 there. the prestigious Washington Post. I million people being hit this year by it. Second, they say: OK, let’s redefine keep hearing about proposal after pro- A large share of that 23 million people how you can meet that requirement, posal, but nothing is actually done. Ev- being hit by it now in the second quar- that 16 percent requirement, which is eryone seems to agree something needs terly estimate they are filing is abso- what it, in fact, is. They say: You can to be done and needs to be done quick- lute proof of people being hurt by a tax meet it by using any of the renewable ly, but the discussion does not go fur- that was never supposed to hit them in sources the Bingaman amendment al- ther from that point. the first place. lows for; and that is, biomass, solar,

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7624 CONGRESSIONAL RECORD — SENATE June 13, 2007 wind, geothermal, tidal energy. Those group of environmental organizations, We urge you to oppose the ‘‘Clean Portfolio are all options. In addition, if you want and then another one from a separate Standard’’ amendment by Senator Domenici to build another nuclear plant, that group of environmental organizations— that allows new hydropower to qualify as new renewable energy under a RPS. Existing counts. If you want to improve energy be printed in the RECORD. hydropower generation comprises about 7% efficiency, that counts. If you want to There being no objection, the mate- of the nation’s net electricity production. adopt some demand response programs rial was ordered to be printed in the The RPS should be reserved for emerging to reduce demand, that counts against RECORD, as follows: technologies that need help to enter the your requirement. If you want to use CONSTELLATION ENERGY, marketplace. Hydropower, a mature tech- the capture and storage technology, Baltimore, MD, June 13, 2007. nology that has not advanced significantly that counts. The Secretary is given au- Senator JEFF BINGAMAN, since the 19th century. Allowing new hydro- thority to identify other things that Chairman, Senate Energy and Natural Re- power into a RPS would usher in a new era of dam building, destroying our nation’s last could count, too, which are unspecified sources Committee, Hart Building, Wash- ington, DC. remaining free-flowing rivers and encourage in the bill. DEAR CHAIRMAN BINGAMAN: Constellation developers to retrofit existing dams, many of So, essentially, what you wind up— Energy is a Fortune 200 competitive energy which have significant environmental im- and then the final thing it does with company based in Baltimore, Maryland. We pacts or pose a threat to public safety. our amendment is it says: If you are a are the nation’s leading supplier of competi- While hydropower is an important source State that has some kind of program, tive electricity to large commercial and in- of energy, this energy comes at a great cost dustrial customers and one of the largest to the health of our nation’s rivers and com- and you think it is pursuing the same— munities. Many hydropower plants pipe I will read the exact language. It says: wholesales power sellers. We serve approxi- mately 57,000 megawatts of load on a daily water around entire sections of river leaving If the governor of a State submits to the basis, which is equal to the amount of elec- them dry, or worse, constantly alternating Secretary a notification that the State has tricity consumed by the State of California between drought and floodlike conditions. in effect and is enforcing a State portfolio daily. Additionally, we are one of the largest Hydropower turbines can chop fish into standard that substantially contributes to renewable energy credit suppliers in the pieces, and can even change the temperature the overall goals of the Federal clean port- northeast. and basic chemistry of the water, harming folio standard under this section, then the We believe that it is time to enact a na- fish and wildlife. Hydropower’s impacts have State may elect not to participate in the tionwide, market-based renewable portfolio even caused the extinction of entire species. We urge you to support the Bingaman Re- Federal program. standard and we support your efforts to newable Portfolio Standard and oppose the amend S. 1419, with your RPS amendment So, essentially, it is an invitation to Domenici Clean Portfolio Standard. mandating a 15% standard by 2020. As you States to adopt something and then Sincerely, opt out, which I think undermines know, the State of Maryland also has a re- American River, American Whitewater, what we are trying to accomplish. newable portfolio standard, which we sup- Appalachian Mountian Club, California Out- Essentially, the way I read the ported. That law also takes into account a doors, California Sportfishing Protection Al- market-based mechanism to achieve its ob- liance, California Trout, Catawba-Wateree amendment by my colleague, his sec- jectives. In addition to generating or pur- ond-degree amendment would basically Relicensing Coalition, Coastal Conservation chasing renewable energy in Maryland, elec- League, Columbia Riverkeeper, Connecticut say: Let’s put together this com- tricity providers have the option of com- River Watershed Council. plicated trading system to keep track plying with the standard by making Alter- Central Sierra Environmental Resource of what utilities are doing, but, in fact, native Compliance payments (ACP). The Center, Foothill Conservancy, Foothills it is designed essentially to mirror Maryland law directs ACPs to be paid into Water Network, Friends of Butte Creek, what they are already planning to do the Maryland Renewable Energy Fund, the Friends of Living Oregon Waters, Friends of at any rate. It doesn’t require them to purpose of which is, ‘‘to encourage the devel- the Crooked River, Friends of the River, opment of resources to generate renewable do anything different. Georgia River Network, Hydropower Reform energy in the State.’’ The Maryland law goes Coalition, Idaho Rivers United. The amendment I have sent to the on to say that, ‘‘. . . the Fund may be used Michigan Hydro Relicensing Coalition, desk does require them to do some only to make loans and grants to support the Missouri Coalition for the Environment, New things differently. They are going to creation of new . . . renewable sources in the England FLOW, New York Rivers United, have to actually start either producing State.’’ Northwest Resource Information Center, energy from renewable sources, buying We are somewhat concerned that your Northwest Sportfishing Industry Associa- energy that has been produced from re- amendment may create a situation where tion, Oregon Wild, Republicans for Environ- electricity providers and, by proxy, our cus- mental Protection, River Alliance of Wis- newable sources by someone else, buy- tomers, may end up paying duplicatively for consin, San Juan Citizens Alliance. ing credits from someone else who has a separate federal and state program because Save Our Wild Salmon Coalition, The produced more renewable energy than of uncertainty regarding your definition of, Lands Council, Trout Unlimited, Upper Chat- they, in fact, needed, or pay a compli- ‘‘direct associations with the generation or tahoochee Riverkeeper, Utah Rivers Council, ance fee to the Secretary of Energy. So purchase of renewable energy’’. Vermont Natural Resources Council, Wash- we have some real teeth in our provi- We think this issue should be surmount- ington Kayak Club, West Virginia Rivers Co- sion. able and would like to work with you on this alition, Western Carolina Paddler. Now, it is not as strong as some Sen- concern as your provision moves through the legislative process. JUNE 13, 2007. ators would like. I know my colleague, Finally, we appreciate your long standing DEAR SENATOR: On behalf of the under- who is about to speak, will speak to support of nuclear power and want to con- signed organizations, we urge you to support that issue, and I know Senator KERRY tinue our efforts to bring the next genera- the Renewable Electricity Standard (RES) to from Massachusetts feels very strongly tion of nuclear power plants to this country. be offered by Senator Bingaman. Sincerely, The Bingaman RES amendment would re- that this is not a strong enough re- quire utilities to obtain at least 15 percent of PAUL J. ALLEN, quirement that I have suggested. But I their electricity from clean renewable en- would suggest to anyone who is study- Senior Vice President, Corporate Affairs, Constellation Energy Group. ergy sources by 2020. A recent analysis by ing these issues, the proposal I have the Union Concerned Scientists found that the Bingaman amendment would save con- made is a vastly stronger proposal than JUNE 13, 2007. the one that my colleague, Senator sumers $16.7 billion on their energy bills, VOTE YES ON THE BINGAMAN RENEWABLE while reducing global warming emissions by DOMENICI, has proposed as an alter- PORTFOLIO STANDARD, VOTE NOONTHE native. the equivalent of taking 41 million cars off DOMENICI CLEAN PORTFOLIO STANDARD the road. The standard will diversify our en- I urge my colleagues to study both DEAR SENATOR: On behalf of our members ergy supply with American-grown energy re- amendments tonight and perhaps to- and supporters nationwide, we urge you to sources create thousands of good new jobs, morrow we can get a vote on both support the amendment by Senator Binga- and generate millions of dollars for farmers, amendments. Also, I know Senator man to create a national Renewable Port- ranchers, and local communities. KERRY would like an opportunity to folio Standard (RPS) in energy security leg- We urge you to oppose the Domenici propose that we have even a stronger islation now being considered on the Senate amendment. standard. I think he should be given floor. Adopting a RPS would enhance na- The Domenici amendment would severely tional energy security by diversifying our curtail our ability to deploy clean renewable that opportunity. sources of electricity generation and would resources and stall investment in a clean re- Mr. President, I ask unanimous con- also have substantial environmental bene- newable future. Because it includes non- sent that three letters—one from Con- fits, such as reducing the emissions of green- renewables, coupled with huge state and fed- stellation Energy, one from a large house gases. eral waivers, the Domenici amendment

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7625 would fail to guarantee any of the benefits that the Senate now be in a period for All over our country, we are lacking for consumers, large energy users, and farm- the transaction of morning business in public transportation. In Europe, in ers and ranchers contained in the Bingaman with Senators permitted to speak Japan, in China, their rail systems are amendment For example, the Domenici amendment therein for up to 10 minutes. far more sophisticated and advanced would: The PRESIDING OFFICER. Without than we are. Our roadways, from Waive requirements for state to partici- objection, it is so ordered. Vermont to California, are clogged pate in the program if the governor found The Senator from Vermont is recog- with cars, many of them getting poor state programs to be ‘‘substantially contrib- nized. mileage per gallon. Yet we are not in- uting to the overall goal.’’ This vague lan- vesting and creating jobs in mass guage could stifle investment in renewables f and cripple the federal trading program that ENERGY transportation. But it is not only assures the lowest possible cost for renew- transportation that we are lacking in, able energy. Mr. SANDERS. Mr. President, let me studies have indicated that if we make Weaken renewable requirements by includ- thank Senator BINGAMAN for his lead- our own homes more energy efficient, ing non-renewables such as nuclear power. ership efforts in addressing one of the we can save substantial amounts of en- These provisions would subtract all existing major crises facing our country. I ergy. nuclear generation from the utilities renew- thank Senator DOMENICI as well. ables requirement, give utilities credits for Some estimates are, if we do the As Senator BINGAMAN just indicated, already-planned and economic capacity up- right things, we could cut our energy grades, provide a windfall for the poorest I would go further than he is going in expenditures by 40 percent—40 percent. performing nuclear plants of the last 3 years, his proposal. I think he has made an Yet there are millions of homes in this and give credits for building new nuclear important step forward, but I think country inhabited by lower income power plants that are already heavily sub- given the gravity of the situation we people who don’t have the money to sidized in the 2005 Energy bill. These nuclear face, it is imperative for the future not adequately insulate their homes, put in bailouts and subsidies would reduce the po- only of our country but for the future tential contribution of new renewable energy the kind of roofs they need, the kind of from the Bingaman proposal. of our planet that we seize this mo- windows they need, and we are literally Allow utilities to receive credits for ‘‘an ment and we be bold and we be aggres- seeing energy go right out of the doors inherently low-emission technology that sive because if we are not, what the sci- and the windows because we are not captures and stores carbon’’ without defining entific community is telling us is that adequately funding weatherization. what that technology might be or assuring the results could be catastrophic. But it is not just lower income people. how much, if any, of the carbon actually gets When thousands of scientists from stored, or how permanent such storage is. Many middle-class families are also in Allow DOE to designate ‘‘other clean en- the Intergovernmental Panel on Cli- homes that are inadequately weather- ergy sources’’ to qualify for clean energy mate Change tell us with 100 percent ized, inadequately insulated. credits without any restrictions on the Sec- certainty that global warming is real, One of the things I have long believed retary. and with 90 percent certainty that it is as I have studied this issue of global Undercuts the development of new renew- manmade, we should listen. When these warming is that not only do we have ables by including all ‘‘new’’ hydropower. scientists tell us that today, in terms This would encourage new dam construction the moral imperative to reduce green- irrespective of the potential for significant of the melting of glaciers and perma- house gas emissions significantly so environmental impacts these facilities can frost, in terms of the increase in that we can reverse global warming, have. The Domenici amendment would re- drought around the world, the increase but in that process we can seize this verse the compromise language in the Binga- of forest fires we are seeing in the crisis, respond to this crisis, and create man amendment that would permit ‘‘incre- United States, in terms of the loss of some very golden opportunities in mental’’ hydro power that encourages new drinking water and farmland all over terms of creating good-paying jobs. If hydropower generation while protecting nat- the world today, it would be absolutely ural resources. you look at those areas in the world Includes electricity savings from energy irresponsible not only for us but for fu- where they have moved most effec- efficiency and demand-response programs, ture generations if we did not stand up tively in terms of reducing greenhouse which will further erode the national energy and say we are going to do everything gas emissions, such as Germany, many security, diversity, economic, and environ- we can to lower greenhouse gas emis- countries in Europe, and our own State mental benefits of developing new renewable sions and reverse global warming. of California, the result has been, yes, energy sources. While we support a separate I have introduced legislation—which there has been economic dislocation, standard for energy efficiency and demand- the Presiding Officer is one of the co- but at the end of the day, they have response, the Domenici amendment would sponsors of and was introduced with create a zero sum game between efficiency created a lot more jobs than they have and renewable energy by forcing them to Senator BOXER—which, in fact, would lost. compete under the same standard. lower greenhouse gas emissions by 80 I have worked with groups such as Overall, the combined effects of allowing percent less than where they were in the Apollo Project, which is a group nuclear, efficiency, demand-response, as well 1990. I think that is the type of aggres- that brings together labor organiza- as new hydro, and other non renewable clean sive effort that we need. If Senator tions as well as environmentalists, energy sources to qualify for the standard- KERRY offers his amendment to make without any restrictions—would greatly re- that say: How do we move toward low- duce, and potentially eliminate, the develop- sure 20 percent of the electricity we ering greenhouse gas emissions and ment of new renewable energy sources and produce in this country comes from re- creating good-paying jobs? The oppor- the corresponding economic and environ- newables, I will strongly support that tunities are sitting right in front of us. mental benefits. legislation. Fifteen percent, as Senator Detroit has lost billions and billions We urge you to support the strong Binga- BINGAMAN has proposed, is a good step of dollars year after year by building man RES amendment and oppose weakening forward, but it does not go far enough. cars that many Americans no longer amendment such as the Domenici amend- The bad news is that as a nation, we ment, as it would take us backwards, not want. Maybe if we move toward en- forwards on energy policy. are lagging far behind the rest of the ergy-efficient cars, people might start Sincerely, world, or many countries in the world, buying those cars, and instead of lay- EarthJustice, Environmental Law and in going forward in terms of energy ef- ing off workers, maybe we can create Policy Center, Greenpeace, National ficiency and sustainable energy. The more jobs. Think of the jobs we can Audubon Society, National Environ- bad news is that today in America, in create as we build a rail system that mental Trust, Natural Resource De- terms of transportation, we are driving we are proud of. As cities like Chicago fense Council, Sierra Club, Southern vehicles which, if you can believe it, and New York and other cities rebuild Alliance for Clean Energy, Union of get worse mileage per gallon than was Concerned Scientists, U.S. Public In- their antiquated subway systems, we terest Research Group, Western Orga- the case 20 years ago. Meanwhile, sev- can create jobs doing that. nization of Resource Councils. eral weeks ago, I was in a car which We can create jobs all over this coun- was a retrofitted Toyota Prius which try in terms of energy efficiency. As we f gets 150 miles per gallon. Yet, as a na- move toward biofuels, I can tell my MORNING BUSINESS tion, on average we are driving vehicles colleagues that in my State of Mr. BINGAMAN. Mr. President, at which get worse mileage per gallon Vermont, our small family farmers are this point I ask unanimous consent than we had 20 years ago. struggling very hard to stay on the

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7626 CONGRESSIONAL RECORD — SENATE June 13, 2007 land. There is a lot of evidence out It is quite similar for wind produc- I hope that as this debate continues there that we can create significant in- tion as well; that is, the production tax for the rest of this week and into next come for family-based agriculture as credit should be significantly increased week, that what we understand is that we move to biofuels, not only in and the investor tax credit should be there is an absolute moral imperative Vermont but all over this country. significantly increased as well. that we act as boldly as we can to The good news is there is a lot of Some people might say: Well, Sen- lower greenhouse gas emissions, that good, new technology out there. That ator SANDERS, this will cost a lot of we act as boldly as we can to break our means we have the opportunity right money. They are right. It will cost a dependency on fossil fuels, that we be now to build the cars of the future. I lot of money. But I would remind my prepared to be a leader in the world in was in an electric car last month which colleagues that not too long ago on the terms of moving toward energy effi- now has a range of 200 miles—200 miles floor of this Senate a significant num- ciency, and that we embrace the new in an electric car. That is far more ber of Senators voted to repeal the es- technologies that are out there in than most people use in a day. There is tate tax completely—repeal the estate terms of solar energy, wind energy, potential there as well. tax completely—which would cost our geothermal, and other energies. If we look at what is going on in the Government $1 trillion over a 20-year The more we invest, the more we world right now, the fastest growing period. All of those tax breaks are produce, the more breakthroughs we source of new energy is wind. There is going to the wealthiest three-tenths of will see. There are extraordinary op- huge potential in terms of the growth 1 percent of the population, the very portunities out there, and if we do the of wind technology. One of the reasons wealthiest people in America. right things, if we get our act together, I am supporting the strongest possible Well, if some of my friends think we 30 years from today the kind of energy energy portfolio is that I want to see have the resources to provide $1 tril- system that exists in this country will the wind technology exploding and lion in tax breaks to the wealthiest look very different than the one that growing all over this world. The more three-tenths of 1 percent, I would argue exists now. Not only will we be able to that is produced, the cheaper it will be- that we have the resources to lower greenhouse gas emissions and re- come. When I talk about wind, we are incentivize the American people to verse global warming, we are going to not just talking about large wind purchase automobiles and other vehi- clean up the planet, which I think will farms, as important as that is, as part cles that get good mileage per gallon, go a long way to prevent many types of of the energy mix. We are talking incentivize and help people to put pho- diseases that currently exist. about small wind turbines which we be- tovoltaic units on their rooftops, and Now is the time for boldness, now is lieve in 5 or 6 years will be available incentivize and help people in rural the time for the United States not to for $10,000, $12,000, $14,000 that on aver- continue being a laggard behind other age can provide half of the electric America to purchase small wind tur- bines which could provide a substantial countries on this issue but becoming a needs a rural house might need. leader around the world. It is not good Look at what is going on in Cali- amount of electricity for their homes. So the good news is that today, un- enough to criticize China and India. fornia right now. I think we owe a lot What we need to do is become a leader to our largest State for leading us in a like 20 or 30 years ago, what we can say in honesty is that the technologies now and reach out and help those countries direction that the rest of our country move forward in combating global might want to emulate. In California are available in terms of transpor- tation and energy efficiency. warming. now what they are saying is that in 10 This is the opportunity, and I think years they want, and have funded, the Last month I talked to a major man- ufacturer of electric lights. What he history will not look kindly upon us if need for 1 million photovoltaic units on we do not take advantage of this mo- rooftops throughout California—1 mil- told me is that in 4 or 5 years, there will be lights on the market, LED ment. lion. In California, what they are say- I yield the floor. ing is they can provide significant in- lights, which will last for 20 years when The PRESIDING OFFICER (Ms. plugged in and consume about one- centives to those people who want to CANTWELL). The Senator from Ohio. install photovoltaics. There is huge po- tenth of the electricity that is cur- Mr. BROWN. Madam President, I tential in this country moving toward rently being consumed. Those are the echo the words of the Senator from solar energy. One of the issues that kinds of breakthroughs we are making Vermont about the Energy bill being concerns me and saddens me is that the right now. an opportunity for our country—an op- technology for solar energy, which was What we have to do as a Senate right portunity in terms of a better environ- originally developed in the United now is provide the incentives to the ment, global warming, to preserve our States, has now moved abroad. American people to go out and pur- planet, an opportunity to stabilize en- Think of all of the jobs we can create chase the lightbulbs which today might ergy costs, and an opportunity espe- if we as a nation had the goal of say- cost, if it is even a compact fluorescent cially for good-paying jobs. ing, in 10 years we will have 10 million lightbulb, more than an incandescent I come from a State that has taken a rooftops in America using solar energy. lightbulb, but in the long run, you save real hit from the Bush economic pol- Think how many jobs we can create by money. But we have to help those who icy. I come from a State that has taken people installing those units. Think of do not have the money to do that. a real hit from trade policy through the jobs we can create as American fac- An argument could be made that if the last two administrations, Demo- tories start producing those photo- the Federal Government helped every cratic and Republican administrations. voltaic units—not in China, not in American purchase compact fluores- I look at what we are able to do with Japan, not in Germany, but producing cent lightbulbs and pay for those this Energy bill and better manufac- them right here in the United States of lightbulbs, we probably will save turing policy. America. But to do that, we are going money in the long run without needing I start with a story. Oberlin College to need the policies such as net meter- to build new powerplants, and cer- is a school halfway between Cleveland ing, which says if I own a photovoltaic tainly we would be making a major in- and Toledo, not far from where I live. unit and I produce more than I am con- vestment in lowering greenhouse gas It is the site of the largest freestanding suming, it goes back into the grid and emissions. building on any college campus in the I get paid for that, as they are doing I conclude by saying that we would country fully powered by solar energy. right now in Germany. be absolutely irresponsible if we did The problem is that all of the solar It means if I am a middle-income per- not stand up to the big oil companies, panels were imported from Germany son who cannot afford the $30,000 I need the big coal companies, and all of those and Japan because we simply do not to install that photovoltaic unit, I am people who want us to continue to go make enough solar panels in this coun- going to need some help, and it may be along the same old path. We would be try to do what we ought to be doing. It a lot more than the type of tax credits irresponsible because we would not be is the same with wind turbines. Toledo we are now providing. I think we could bringing about the changes we need to is especially well known for research in learn from California, which is encour- protect our kids and our grandchildren wind turbines and wind power. Yet aging people in a much more generous and, in fact, the very well-being of our with the exception of a plant in Ash- way than we are doing. planet. tabula that makes a small component

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7627 for wind turbines, very little manufac- enforcing these labor standards and en- Mr. MENENDEZ. Madam President, I turing is done in this country on that vironmental standards as they might rise in support of Senator BINGAMAN’s particular alternative energy. have initially promised. All we need to renewable portfolio amendment which With the right kinds of incentives do is look at the Jordan trade agree- would require that 15 percent of the and with changing tax law, changing ment passed in 2000, a trade agreement Nation’s electricity be generated from trade law in the Energy bill, Ohio, as in the House of Representatives I sup- renewable sources by 2020. the industrial Midwest, can play a ported but a trade agreement that had I have heard from my office some of major role in alternative energy. labor and environmental standards. the debate which has taken place We have seen energy policy, tax pol- Soon after President Bush took office, today. I was surprised that some of my icy, trade policy, and the failure to U.S. Trade Representative Robert colleagues have characterized this have a manufacturing policy cause sig- Zoellick sent a letter to the Jordanians amendment as some sort of Federal nificant job loss. My State has lost lit- with a wink and a nod saying that be- giveaway for the wind industry. The re- erally hundreds of thousands of manu- cause of dispute resolution issues, he newable portfolio standard will not facturing jobs since President Bush wasn’t going to enforce those labor and just benefit the wind industry, of took office, in part because of the lack environmental standards. course, but it will also benefit the pro- of a manufacturing policy and no lead- If we are going to move forward on duction of energy from solar, biomass, ership from the White House, in part trade policy, it means stronger labor electricity from biogas, small hydro, because of trade policy, in part because standards, stronger environmental geothermal, and ocean and tidal energy of tax policy. standards, and stronger food safety projects as well. For us, as we look to the future on standards. It means standards in the This diverse set of energy sources trade agreements and trade policy, it is agreements, as part of the agreements. will help protect us from the fuel price not good enough just to oppose bad It means enforcing those agreements, increases, such as those we have seen trade agreements, it is not good and it means a manufacturing policy, in natural gas recently. In turn, this enough to oppose the next round of the Manufacturing Extension Program, reduction in demand for natural gas NAFTA or CAFTA, it is not good better assistance for small companies might even cause natural gas prices to enough to try to fix PNTR with China. to export, better currency rules, par- fall, causing electricity prices to also We need a much more forward-looking ticularly with China. It means bench- fall. manufacturing policy. That means ex- marks so that once these trade agree- Another economic benefit of the re- panding efforts on exports. It means ments pass, we can gauge whether the newable portfolio standard is that it expanding the Manufacturing Exten- trade agreements helped our trade sur- would help these emerging tech- sion Program that Senator KOHL has plus deficit, our trade relations, and nologies flourish in the United States. worked on and I have worked on, and that there be benchmarks showing if Right now there are renewable energy others. And it means a different regi- there were job increases or job losses, firms in Europe that are outpacing mented trade policy. did it mean a lower trade deficit or their U.S.-based competitors. But by The Bush administration has just an- higher trade deficit, did it mean wages driving up demand for renewable en- nounced with some Members of the went up or wages went down for Amer- ergy domestically, we will help develop House of Representatives, some Mem- ican workers. We need those bench- these industries at home, creating jobs bers of my party, that they want to marks if we are going to pass trade and allowing us to develop energy as a move forward on the Panama and Peru agreements so we can look a year later domestic economic engine. At the same trade agreements. Those are two trade and see if these trade agreements are time we are meeting our energy chal- agreements where the administration working. lenges, at the same time that we are finally has decided they support envi- I contend they certainly are not meeting the economic imperative of ronmental and labor standards, but working. The year I ran for Congress, our energy challenges, at the same this is also an administration that has the same year the Presiding Officer time that we undermine foreign coun- never pushed very hard for environ- was elected to Congress, in 1992, we had tries—for which we are giving our dol- mental and labor standards in our own a trade deficit of $38 billion. In 2006, lars abroad in terms of our addiction to country. our trade deficit exceeded $800 billion. those energy sources—we can also fuel I would look askance at the adminis- Our trade deficit with China bilaterally a domestic economic engine by pur- tration’s promises without more proof in 1992 was barely in the double digits. suing these sources. of what, in fact, they are going to do on Today, our trade deficit with China is Of course, the most dramatic effect enforcement of labor and environ- upward of $230 billion. of the amendment will be its positive mental standards. All one need do is President Bush 1 said $1 billion in impact environmentally. According to look at the news stories that came out trade deficit is equivalent to the result the Energy Information Administra- after the announcement from our U.S. of about 13,000 fewer jobs, and if you tion, it will reduce carbon emissions by Trade Ambassador Schwab and some just do the math and look at the trade 222 million tons per year by the year House Democrats that there would be deficit, multiplying times 20, from a 2030, and other reports project reduc- labor and environmental standards in factor of 20, the trade deficit is that tions of as much as 10 percent per year the Panama and Peru trade agreements much larger today than it was a decade from the electricity sector. This would when soon after those news stories and a half ago, you know it is costing be the equivalent of removing 71 mil- they said they may not be in the core us jobs. That is why a trade agreement lion cars from the road. Think about trade agreements, that they may be in with a tax policy, with a manufac- it—removing 71 million cars from the side deals, side agreements. We learned turing policy that really does help road. that lesson once with NAFTA where American communities, that helps peo- I also want to point out what this the labor standards and environmental ple in Toledo, Finley, Zanesville, amendment will do for the solar energy standards were outside the agreement Springfield, Miami Valley, and the industry. This amendment will provide in a separate agreement, and that sim- Mahoney Valley in my State, will mat- triple renewable energy credits to solar ply didn’t matter. It didn’t help that ter to help build a middle class. energy. As a result, it has been esti- trade agreement work for American I am hopeful that as we do this En- mated that this will result in a 500-per- families in Steubenville or for workers ergy bill and the House and Senate cent increase in solar energy produc- in Toledo. It didn’t work for commu- move ahead on trade policy in the next tion. nities in Finley and Lima and Mans- year, that we can link these so that it Solar needs to be a significant part of field. really does help to create a middle America’s energy future. When you We also know, listening to the dis- class, strengthen the middle class in have a way to generate energy that cussions after the Peru and Panama our country with better trade, tax, and produces no carbon emissions, has no trade agreements were announced with manufacturing policies. moving parts, makes no noise, and re- the labor and environmental standards, I yield the floor. sults in no adverse wildlife impacts, some people do not seem so certain The PRESIDING OFFICER. The Sen- that is something we as a nation need that they are going to work as hard on ator from New Jersey. to be pursuing.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7628 CONGRESSIONAL RECORD — SENATE June 13, 2007 My home State of New Jersey real- In addition, the Republican sub- have served with the Angel Kiss Foun- ized this a few years ago and set about stitute would include energy ineffi- dation, a nonprofit dedicated to help- enacting policies designed to spur the ciency projects and demand-response ing families cope with the financial growth of its solar market. The results programs. The more things we add to burdens associated with childhood can- have been extremely successful. New the standard, the less meaningful the cer. President Clinton recognized Pe- Jersey has the second largest solar standard becomes. We cannot pit effi- ter’s influence and appointed him to market in the entire Nation, from 6 in- ciency against renewables. We need the Tahoe Regional Planning Com- stallations to nearly 2,000 in just 5 both efficiency and renewables to mittee. He has involved himself with years, over 7 megawatts of installed ca- flourish in partnership and not com- Scenic America and Scenic Nevada, pacity, and tens of millions of kilo- pete for investment dollars. committing himself to the cause of watt-hours produced each year. New Once again, I praise Senator BINGA- protecting Nevada’s natural treasures Jersey, of course, is blessed with many MAN, the chair of the Energy Com- in the Lake Tahoe region and beyond. things, but it is not blessed with more mittee, on which I have the privilege of Peter is also an accomplished air- Sun than most of the rest of the Na- sitting, for his amendment, for his vi- plane pilot. In recent years, he has tion. The State simply recognized that sion, for bringing us and challenging us spent untold hours soaring in his glid- by being visionary we could not only to a higher standard, one that the Na- ers all over America. start generating large amounts of pol- tion clearly needs. It will be beneficial Most people know Peter for his rep- lution-free energy in our own State, for our environment, it will boost our utation as a renowned trial lawyer or but we could also provide a kick-start domestic economy, and it will rein- for his work in the philanthropic com- to a whole new industry. That indus- force the actions taken by 23 States munity in my State. But I have had try, of course, generates not only great that have already shown leadership by the privilege to call Peter my friend. It energy, truly clean energy, truly re- instituting renewable portfolio stand- is my great pleasure to offer congratu- newable energy, but at the same time ards. If the States have already shown lations to Peter Chase Neumann for his creates a very significant economic leadership in this regard, the Nation lifetime of excellence in his profession, positive consequence as well. and the Senate need to show the same in his public service, and in his philan- What New Jersey has done we must leadership. thropy. do as a nation. The renewable portfolio I urge my colleagues to vote in favor f standard amendment, along with the of that important amendment and extension of solar tax credits, will help against efforts to weaken this impor- HEALTH CARE REFORM expand the use of solar energy, and, tant provision. Those are, I hope, words Mr. ALEXANDER. Madam President, most importantly, lower the cost. that Members of the Senate will take with the cost of health care contin- I also want to urge my colleagues to to heart. ually increasing for employers, individ- oppose the Domenici amendment—the f uals, and the Government combined amendment that Senator DOMENICI has with the growing number of uninsured offered to Senator BINGAMAN’s renew- TRIBUTE TO PETER CHASE Americans it is clear that our health able portfolio standard amendment. NEUMANN care system is in dire need of change. That amendment would stall the devel- Mr. REID. Madam President, today I My goal is to help every American have opment of renewable energy and there- rise to honor the achievements of Peter access to affordable health insurance by undercut the entire point of this Chase Neumann. Not only is Peter rec- and to continue the State Children’s bill. There are some who don’t want to ognized locally and nationally for his Health Insurance Program, SCHIP. challenge the industry. There are those skill as a trial lawyer, he is also deeply In an op-ed in The Hill on June 6, who don’t want to bring us to a higher involved with philanthropies whose 2007, the Secretary of Health and standard. For them, the Domenici work has been enormously beneficial to Human Services, Mike Leavitt, sug- amendment to Senator BINGAMAN’s re- Nevada. These significant contribu- gested a very good proposal for increas- newable portfolio standard is their out. tions have resulted in Peter being ing access to health insurance. His pro- That is their out. posal calls for reauthorization of For those Members of the Senate who named the recipient of the Nevada don’t want to bring us to a higher chal- Trial Lawyers Association Lifetime SCHIP and keeping the program’s focus lenge, who don’t want to challenge the Achievement Award, and deservedly so. on kids, providing the same tax advan- Peter has tried more than 150 civil industry, who, in essence, are happy to tage to all Americans through a stand- and criminal cases to verdict and al- support the status quo, the Domenici ard deduction for health insurance, and amendment is their solution. most 50 appeals to the Nevada and Ari- encouraging State innovation through The Domenici amendment, however, zona Supreme Courts. His ability in the grants to help low income individuals has numerous problems. To begin with, legal profession is renowned, and his afford private health insurance. the substitute would allow States to talents are wide-ranging, from trial ad- I support Secretary Leavitt’s ideas. opt out of the standard for just about vocacy in personal injury cases to writ- However, health care reform is too big any reason—just about any reason. If a ing academic articles. He has dedicated of an issue for one party to tackle on State can opt out, the renewable indus- himself to the cause of justice for the its own. Our only chance of achieving tries will be hesitant to adequately in- wrongfully injured, and has been recog- true, meaningful reform is if both par- vest in these projects and, therefore, nized for his work in Town and Country ties work together. This involves we won’t move forward. Magazine’s Top Trial Lawyers in Amer- reaching across the aisle and getting The substitute will also weaken re- ica, in Las Vegas Magazine, by Top Democrats to say two words ‘‘private newable requirements by including Gun Lawyers in Nevada and by The markets’’ and Republicans to say to nonrenewables, such as nuclear power. Best Lawyers in America. two words ‘‘universal access.’’ This would divert money from renew- His leadership in the legal commu- Two of my colleagues have put for- ables to an already well-subsidized en- nity is unparalleled: He has served as ward two different but thoughtful ergy source. president of the Arizona, Nevada, and pieces of legislation addressing the un- The Domenici substitute would also Western Trial Lawyers Association, insured Senator WYDEN’s Healthy allow the Department of Energy to des- and on the Board of Governors for the Americans Act, S. 334, and Senator ignate ‘‘other clean energy sources’’ to American Trial Lawyers Association. COBURN’s Universal Health Care Choice qualify for clean energy credits with- He was both legislative advocate for and Access Act, S. 1019. But I am doing out any restrictions on the Secretary— and president of the Plaintiff’s Bar, something that I rarely do cospon- without any restrictions on the Sec- and was accepted as a diplomat in the soring both of them to encourage my retary. Who knows what would be in- International Society of Barristers and goal of affordable health insurance for cluded under such a definition. This the American Board of Trial Advo- every American while continuing the would leave discretion for the Sec- cates. SCHIP program helping children. retary to include ‘‘clean coal’’ or any His devotion to the law has not in I have cosponsored these bills in the other source of energy one could put any way impeded his philanthropic spirit of reform, but that does not the word ‘‘clean’’ in front of. contributions. He and his wife Renate mean I support every provision in both

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7629 pieces of legislation. In fact, there are cent. This fact is even more amazing ADDITIONAL STATEMENTS some provisions that I oppose. Though viewed in the context of welfare re- not perfect, these bills are an impor- form. tant first step toward achieving access Those opposing welfare reforms in MODESTO’S NATIONAL NIGHT OUT to health services for all Americans. the mid 1990s argued that limiting di- ∑ Mrs. BOXER. Madam President, I ask f rect Government assistance and requir- my colleagues to join me in recog- ing low-income people to work more nizing the outstanding National Night REQUEST FOR SEQUENTIAL would prove to be disastrous. However, Out program in Modesto, CA. For the REFERRAL low-income households with children past 6 years, the city of Modesto has ei- Mr. ROCKEFELLER. Madam Presi- now rely less on the Government, are ther ranked first or second in the Na- dent, I ask unanimous consent to have more self reliant and have a higher tion in National Night Out participa- my letter of June 12, 2007, to Senator standard of living. In 1991, low-income tion among cities with populations of REID printed in the RECORD. households relied on the Government 100,000 to 299,999. There being no objection, the mate- for a majority of their income with Since its inception in 1983, National rial was ordered to be printed in the earnings accounting for just 49 percent. Night Out has brought millions of RECORD, as follows: Today, low-income households earn 65 Americans together to take a united percent of their income and rely on U.S. SENATE, stand against crime and send a clear SELECT COMMITTEE ON INTELLIGENCE, Government assistance for the remain- message to criminals that citizens and Washington, DC, June 12, 2007. der. Female headed households also neighborhoods are committed to crime Hon. HARRY REID, rely less on the Government for their prevention. National Night Out has Majority Leader, U.S. Senate, Washington, DC. livelihood. In 1991, 35 percent of their played an instrumental role in helping DEAR MR. LEADER: Pursuant to paragraph income was earned compared with 54 to raise crime and drug prevention 3(b) of Senate Resolution 400 of the 94th Con- percent now. The share of their income awareness, generate support for and gress, I request that S. 1547, the National De- derived from AFDC or TANF fell from fense Authorization Act for Fiscal Year 2008, participation in local anticrime pro- 42 percent in 1991 to 7 percent in 2005. grams, and perhaps most importantly, and its companion measure, S. 1548, the De- These two studies prove that when partment of Defense Authorization Act for improve neighborhood spirit and the Government interferes less in the Fiscal Year 2008, both of which were filed by strengthen community-police partner- lives of its citizens, they are more pro- the Committee on Armed Services on June 5, ships. 2007, be sequentially referred to the Select ductive. Once unencumbered by Gov- In 2006, more than 35.2 million people ernment, people are motivated to work Committee on Intelligence for a period of 10 and 11,125 communities from all 50 days, as calculated under S. Res. 400. The harder, save, and invest more. States, U.S. territories, and military basis for this request is that the bills contain f matters within the jurisdiction of the Select bases worldwide participated in the Na- Committee. PASSING OF ADEN ABDULLE tional Night Out campaign. Conscien- Thank you for your assistance. OSMAN tious citizens, law enforcement agen- Sincerely, Mr. COLEMAN. Madam President, I cies and civic groups came together to JOHN D. ROCKEFELLER IV, would like to take the opportunity to participate in a variety of festive Chairman. express sorrow on behalf of the Somali events and activities such as block par- f community of Minnesota, which is cur- ties, ice cream socials, flashlight CBO STUDIES rently mourning the death of an impor- walks, and visits from law enforcement tant figure for Somalia, former Presi- and other public agencies to help pro- Mr. GREGG. Madam President, today mote the importance of community in- there is a great deal of debate about dent Aden Abdulle Osman. Aden Abdulle Osman, known by many Soma- volvement in local crime-fighting pro- how Americans are doing, in particular lis as Aden Adde, passed away at the grams. those considered low income. I rise age of 99 on June 7, 2007. In Modesto, 123 neighborhoods par- today to dispel a major misconception Aden Abdulle Osman became the first ticipated in National Night Out last about the progress of low-income President of Somalia in 1960 after the year, making it the Nation’s leader Americans. Those on the other side of country gained its independence on among cities with populations of the aisle would have you believe that July 1. Mr. Osman served as President 100,000 to 299,999. The city of Modesto is when one person does better it must be of the newly formed Somalia until a shining example of the importance of at the expense of another. Nothing June 10, 1967. President Osman led his community and cooperation in local could be further from the truth. In country during the critical time of its crime-fighting efforts. fact, when Congress adopts policies formation and development into a full- As the residents of Modesto gather that encourages individuals to work fledged state. When he lost the Presi- for another successful National Night harder, save, take risks, and invest dential election in 1967, President Out campaign, I would like to con- more, the economy does better and ev- Osman graciously ceded his position to gratulate and commend its citizens, eryone benefits. Two recent studies I his opponent, Abdirashid Ali civic leaders, and the Modesto Police requested from CBO prove a rising tide Shermarke. In doing so, Aden Abdulle Department for their leadership and does lift all boats. Osman set an example for the peaceful willingness to help make their city a The first report issued in December, transfer of democratic power, which is safer and better place to call home.∑ entitled ‘‘Changes in Low Wage Labor a critical aspect of all democratic sys- f Markets Between 1979 and 2005,’’ found tems. For this reason, Aden Abdulle 150TH ANNIVERSARY OF that the inflation adjusted hourly Osman is viewed throughout Somalia SACRAMENTO HIGH SCHOOL earnings of U.S. workers was 10 percent and Africa as a model of statesmanship higher now than back in 1979. Since that seeks the greater good. ∑ Mrs. BOXER. Madam President, I am 1990 those in the bottom 10th percentile I am privileged to represent the pleased to recognize the 150th anniver- of wage earners witnessed their infla- State that has the largest Somali com- sary of Sacramento High School in tion adjusted wages increase 12.8 per- munity in the U.S. The Somalis of Min- Sacramento County, CA. cent, more than 2.5 percentage points nesota represent a thriving community On September 1, 1856, as the Gold faster than those in the statistical that has enriched the fabric of our Rush came to an end in California and middle. State through its vibrant culture. I miners migrated into newly formed cit- CBO’s second report entitled would like to join my Somali constitu- ies, Sacramento High School opened its ‘‘Changes in the Economic Resources of ents in expressing sorrow for Aden doors and began a long tradition of Low-Income Households with Chil- Abdulle Osman’s death. It is my sin- quality education. As the second oldest dren’’ indicates that poor households cere hope that the current leaders of high school west of the Mississippi, with children experienced real earnings Somalia will look to his leadership as Sacramento High School is a historical gains of 80 percent since 1991, out- an example, and that such leadership landmark and symbol of a quality edu- pacing even those in the top income will serve to usher Somalia towards cational institution in California’s cap- quintile whose earnings grew 54 per- peace, stability and democracy. ital city.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7630 CONGRESSIONAL RECORD — SENATE June 13, 2007 Sac High, as it is locally known, has History is one of the cornerstone sub- RECOGNIZING MATTHEW been the alma mater of a wide range of jects taught in America’s schools MARIUTTO notable alumni including NBA great today. When students learn about the ∑ Mr. MARTINEZ. Madam President, Kevin Johnson, Pulitzer Prize winner past, they are taught how to handle the today I recognize and congratulate Flo- Herb Caen, and a number of distin- future. ridian Matthew Mariutto for his out- guished Californians, including former National History Day gives us a standing work and achievement in the California Governor Hiram Johnson. unique opportunity to reflect on our study of history, and specifically, for Most recently, nearly 100 percent of past and appreciate where we, as Amer- his award-winning documentary on the senior class will have the oppor- icans, come from. History makes us Apollo I. tunity to pursue a post secondary edu- who we are, it defines us. We must not Each year, more than half a million cation, 70 percent of whom have been forget our history. Learning history is students compete for recognition in the accepted to a public or private 4-year as important today in our schools as it National History Day program. Stu- college. Sac High’s Dragons have also ever was. We must always be stewards dents are given a general theme and accumulated many championships in a of continual learning from our mis- the freedom to develop a presentation variety of athletics over the years, in- takes and victories. to present to the judges. This year’s cluding the recent San-Joaquin Divi- Congratulations again to the amaz- National History Day theme is ‘‘Tri- sion III Championship that both men’s ing students participating in this great ∑ umph and Tragedy in History.’’ This and women’s basketball teams have commemoration of history. exercise develops and enhances a stu- won. f dent’s abilities for critical thinking As the school and the community NATIONAL HISTORY DAY and problem solving skills, research celebrate Sac High’s sesquicentennial, PROJECTS and reading skills, oral and written I would like to congratulate the past communication, self-esteem and self and present students, faculty, and ad- ∑ Mr. INHOFE. Madam President, today I wish to recognize and congratu- confidence. ministrators who upheld Sacramento Based on the quality and accuracy of High School’s traditions and campus late students Natalie Haworth and Trenton Knight from Dill City High their projects, this year, around 2,000 pride for the last century and a half finalists were chosen. Of that group, 22 and wish them another 150 years of suc- School in Burns Flat, OK, and Libby ∑ Trusty from Verdigris High School in students were given the privilege of cess. presenting their projects at the Smith- f Claremore, OK. These students have been selected to present their award sonian American Art Museum and Na- NATIONAL HISTORY DAY winning National History Day projects tional Portrait Gallery here in Wash- ∑ Mr. DOMENICI. Madam President, I in Washington, DC, today. Each project ington, DC. wish to recognize three great students reflects on this year’s National History Matthew Mariutto has been selected from New Mexico today. These three Day theme, ‘‘Triumphs and Tragedies to present his documentary on ‘‘Worth students have harnessed their cre- in History.’’ the Risk of Life: The Tragedy and Tri- ativity and skills to produce amazing Haworth and Knight have been se- umph of Apollo I.’’ Matthew attends projects which were displayed today at lected to present their history project American Heritage School in Planta- the National Portrait Gallery in honor at the White House Visitor’s Center. tion, and his teacher is Leslie Porges. of National History Day. What a great Trusty has been selected to present her History—and the teaching of its les- achievement for these students to be project at the National Archives and sons—is an integral part of the edu- selected out of 500,000 entries to be Records Administration. Their projects cation of future generations of Ameri- showcased in the National Portrait were selected by the National History cans. I would like to commend the Na- Gallery. Day program from hundreds of thou- tional History Day program for empow- Shannon Burns, from Los Alamos sands nationwide. ering teachers to bring history alive Middle school, has put together a 10- Haworth’s and Knight’s project, through innovative teaching methods minute documentary on Irish immigra- ‘‘Land Divided—World United,’’ is a de- and outside-of-the-classroom learning tion and how it contributed to the piction of the historical creation of the opportunities. I would also like to con- American Civil War while Ryan An- Panama Canal. The exhibit begins with gratulate again, Matthew Mariutto, for drews-Armijo and Ashley Page from the original vision to construct a chan- his fine work. Moriarity Middle School contributed a nel through Central America and ex- Matthew, you have earned the admi- documentary on the racial tensions tends all the way to the completion ration of the Sunshine State. Addition- and the triumph over those obstacles, and proposed expansion of the Panama ally, your teachers and school deserve of the 1966 Texas Western College bas- Canal. a great deal of appreciation for con- ketball team. I was incredibly honored Trusty is presenting a U.S. Supreme tributing to your education. ∑ to meet with these three individuals Court case which addressed the con- Congratulations on a job well done. earlier today, and I am impressed by troversial issue of equal educational f their projects and their tenacity. I am opportunities available throughout proud to see these kids learn and put American history. Fisher v. University RECOGNIZING KELSEY TATE into action what they have learned at of Oklahoma Board of Regents was one ∑ Mr. MARTINEZ. Madam President, school and beyond. of the unfamiliar but significant cases today I recognize and congratulate Flo- I was also very pleased to hear of 44 that ultimately led to the landmark ridian Kelsey Tate for her outstanding other students, in total, from New decision to desegregate schools in work and achievement in the study of Mexico participating in the National America. history, and specifically, for her award- History Day contest in Maryland I believe it is important for students winning performance on Alfred Nobel. today. It is quite impressive to see how to be informed and educated about the Each year, more than half a million well New Mexico was represented in milestones of American history, be- students compete for recognition in the this nationwide contest. cause it will strengthen them as our National History Day program. Stu- National History Day is an academic country’s future leaders and provide dents are given a general theme and organization for elementary and sec- them with the knowledge to continue the freedom to develop a presentation ondary children that has been cele- to lead our Nation as our Founding Fa- to present to the judges. This year’s brating history for over 25 years now. thers intended. History is an integral National History Day theme is ‘‘Tri- This exceptional scholarship program part of the education of future genera- umph and Tragedy in History.’’ This gives kids the opportunity to research tions of Americans, and I would like to exercise develops and enhances a stu- a historical event and put that re- commend the National History Day dent’s abilities for critical thinking search into a format for others to program for empowering teachers to and problem solving skills, research enjoy. This is a great way for our chil- improve history education and influ- and reading skills, oral and written dren to learn and explore history while encing students to follow these Okla- communication, self-esteem and self also putting their creativity to work. homa students’ exemplary example.∑ confidence.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7631 Based on the quality and accuracy of community, and the ever-increasing seum, and the Donald Christman Toy their projects, this year, around 2,000 relevance of its work also places it at Museum. Lake Norden has been a suc- finalists were chosen. Of that group, 22 the forefront of modern science world- cessful and thriving community for the students were given the privilege of wide. past 100 years and I am confident that presenting their projects at the Smith- Immucell’s efforts to become a leader it will continue to serve as an example sonian American Art Museum and Na- in its market are noteworthy, and the of South Dakota values and traditions tional Portrait Gallery here in Wash- vision that its leadership has for future for the next 100 years. ington, DC. growth reflects a steadfast determina- I would like to offer my congratula- Kelsey has been selected to present tion for continued success. It is par- tions to the citizens of Lake Norden on her performance on ‘‘Alfred Nobel: Pov- ticularly exciting that a Maine small this milestone anniversary and wish erty to Prizes.’’ Kelsey attends business is making such a name for them continued prosperity in the years Deerlake Middle School in Tallahassee, itself in an industry replete with large to come.∑ and her teacher is Mr. Andrew Keltner. companies. Immucell and its high-pay- f History—and the teaching of its les- ing jobs provide us with a shining ex- sons—is an integral part of the edu- ample of smart growth. I commend RECOGNIZING HENRY, SOUTH cation of future generations of Ameri- chief executive officer Michael DAKOTA cans. I would like to commend the Na- Brigham and all the employees at ∑ Mr. THUNE. Madam President, today tional History Day program for empow- Immucell for their wise choices and I recognize Henry, SD. The town of ering teachers to bring history alive tremendous achievements, and I wish Henry will celebrate the 125th anniver- through innovative teaching methods them much success in the future.∑ sary of its founding this year. and outside-of-the-classroom learning f Located in Codington County in opportunities. I would also like to con- northeastern South Dakota, Henry was gratulate again, Kelsey Tate, for her RECOGNIZING KEITH AND PATTI JENNINGS founded in 1882 and has approximately fine work. 300 residents today. Henry has been a ∑ Kelsey, you have earned the admira- Mr. THUNE. Madam President, today successful and thriving community for tion of the Sunshine State. Addition- I wish to recognize Keith and Patti the past 125 years and I am confident ally, your teachers and school deserve Jennings as they celebrate their that it will continue to serve as an ex- a great deal of appreciation for con- ranch’s 100-year anniversary. The Jen- ample of South Dakota values and tra- tributing to your education. nings family has the unique distinction ditions for the next 125 years. ∑ Congratulations on a job well done. of being one of the few functioning I would like to offer my congratula- f farm and ranch operations able to tions to the citizens of Henry on this trace their roots back to family mem- HONORING IMMUCELL milestone anniversary and wish them bers who were the original home- continued prosperity in the years to ∑ Ms. SNOWE. Madam President, I steaders on the land. This is a truly come.∑ wish to recognize a tremendously inno- impressive accomplishment for the vative small business from my home Jennings family and the State of South f State of Maine that recently opened an Dakota. RECOGNIZING HAYTI, SOUTH upgraded production facility to benefit This milestone celebration is a trib- DAKOTA both its employees and its business op- ute not only to Keith and Patti Jen- ∑ erations. Immucell, an emerging bio- nings but to their grandparents Robert Mr. THUNE. Madam President, today technology company based in Portland, and Lucille and their parents Darrell I recognize Hayti, SD. The town of opened its newly expanded building on and Mary. The family can certainly Hayti will celebrate the 100th anniver- June 7 to great fanfare. The new facil- take pride in the perseverance and for- sary of its founding this year. ity benefits Immucell’s 30 employees, titude that enabled three generations The county seat of Hamlin County, who now have enhanced space and of Jennings to stay on and operate the Hayti was founded in 1907 by the South equipment with which to conduct re- same ranch for the past 100 years. Dakota Central Railway as a stop on search and manufacture products. Keith and Patti Jennings should also its line from Sioux Falls to Watertown. Equally as critical, the facility was de- be very proud of the contributions The town was named after the area’s signed to help Immucell more easily their children are making to the great common practice of tying hay for fuel. comply with current good manufac- State of South Dakota, Brian as execu- Hayti has been a successful and thriv- turing practice standards. Enforced by tive director of the American Coalition ing community for the past 100 years the U.S. Food and Drug Administra- for Ethanol, Barry as executive direc- and I am confident that it will con- tion, current good manufacturing prac- tor of the South Dakota Beef Industry tinue to serve as an example of South tice requirements assure quality in our Council, Marla with the construction Dakota values and traditions for the food and medicines. industry in Sioux Falls, and Byron as a next 100 years. Immucell’s specialized work is quite student at South Dakota State Univer- I would like to offer my congratula- impressive. In a rapidly expanding sity. tions to the citizens of Hayti on this biotech industry, Immucell has carved I would like to commend Keith and milestone anniversary and wish them out a niche as a leading producer of Patti for their 32 years operating the continued prosperity in the years to ∑ medicines for animals in the dairy in- Jennings Ranch and for its 100 years of come. dustry. The company’s products, such operation. South Dakota is fortunate f as First Defense and Mast-Out, have to have the Jennings as lifelong resi- RECOGNIZING FAULKTON, SOUTH ensured the safety and health of cows dents. Families like theirs are the DAKOTA and calves that supply our milk and backbone of South Dakota’s economy other dairy products. Working together and future. I wish them continued suc- ∑ Mr. THUNE. Madam President, today with Pfizer, Immucell has managed to cess in the years to come.∑ I recognize Faulkton, SD. The town of turn Mast-Out into a profitable prod- f Faulkton will celebrate its 125th anni- uct. Besides its products, Immucell’s versary this year. research provides the company a re- RECOGNIZING LAKE NORDEN, Faulkton was founded in 1882 and spected and prestigious role in the ani- SOUTH DAKOTA named after Territorial Governor An- mal-health industry. ∑ Mr. THUNE. Madam President, today drew J. Faulk. Located in Faulk Coun- I was delighted to hear that I recognize Lake Norden, SD. The town ty, it has served as the county seat Immucell is seeking to use its ex- of Lake Norden will celebrate the 100th since 1886. Faulkton has been a suc- panded facilities to extend its reach anniversary of its founding this year. cessful and thriving community for the into overseas markets. What a great Located in Hamlin County, Lake past 125 years and I am confident that honor that would be for the State of Norden is home to the South Dakota it will continue to serve as an example Maine. Immucell contributes im- Amateur Baseball Hall of Fame, the of South Dakota values and traditions mensely to Maine’s small business Lake Norden Historical Society Mu- for the next 125 years.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7632 CONGRESSIONAL RECORD — SENATE June 13, 2007 I would like to offer my congratula- Wessington will continue to thrive and tribes and individual Native Americans to tions to the citizens of Faulkton on succeed for the next 125 years. the development of the United States and their anniversary and wish them con- I would like to offer my congratula- the history of the United States, and for tinued prosperity in the years to tions to the citizens of Wessington on other purposes; to the Committee on Bank- ing, Housing, and Urban Affairs. come.∑ this milestone anniversary and wish H.R. 2637. An act to amend the Fair Labor f them continued prosperity in the years Standards Act, with respect to civil pen- to come.∑ alties for child labor violations; to the Com- RECOGNIZING WESSINGTON mittee on Health, Education, Labor, and f SPRINGS, SOUTH DAKOTA Pensions. ∑ Mr. THUNE. Madam President, today MESSAGES FROM THE PRESIDENT f I recognize Wessington Springs, SD. Messages from the President of the EXECUTIVE AND OTHER The town of Wessington Springs will United States were communicated to COMMUNICATIONS the Senate by Ms. Evans, one of his celebrate the 125th anniversary of its The following communications were secretaries. founding this year. laid before the Senate, together with Located in Jerauld County, f accompanying papers, reports, and doc- Wessington Springs was founded in uments, and were referred as indicated: 1882. It was named after a man named EXECUTIVE MESSAGES REFERRED EC–2236. A communication from the Direc- Wessington and also after the natural As in executive session the Presiding tor of Defense Research and Engineering, De- springs that flow through the town’s Officer laid before the Senate messages partment of Defense, transmitting, pursuant hills. While Wessington’s identity is from the President of the United to law, a report relative to cooperative ac- not certain, there are a number of local States submitting sundry nominations tivities in areas of research, development, legends about a trapper by that name which were referred to the appropriate and test and evaluation; to the Committee who spent time in the area. Wessington committees. on Armed Services. Springs has been a successful and (The nominations received today are EC–2237. A communication from the Sec- retary of Defense, transmitting a report on thriving community for the past 125 printed at the end of the Senate pro- the approved retirement of Lieutenant Gen- years and I am confident that it will ceedings.) eral Carl A. Strock, United States Army, and continue to serve as an example of f his advancement to the grade of lieutenant South Dakota values and traditions for general on the retired list; to the Committee the next 125 years. MESSAGE FROM THE HOUSE on Armed Services. I would like to offer my congratula- At 3:11 p.m., a message from the EC–2238. A communication from the Under Secretary of Defense (Acquisition, Tech- tions to the citizens of Wessington House of Representatives, delivered by Springs on this milestone anniversary nology and Logistics), transmitting, pursu- Ms. Niland, one of its reading clerks, ant to law, a report relative to the projects and wish them continued prosperity in announced that the House has passed from solicitation that were not funded solely the years to come.∑ the following bills, in which it requests due to lack of resources; to the Committee f the concurrence of the Senate: on Armed Services. EC–2239. A communication from the Under H.R. 251. An act to amend the Communica- Secretary of Defense (Acquisition, Tech- RECOGNIZING LEMMON, SOUTH tions Act of 1934 to prohibit manipulation of nology and Logistics), transmitting, pursu- DAKOTA caller identification information, and for ant to law, a report relative to the amount of ∑ other purposes. Mr. THUNE. Madam President, today acquisitions made by the Department from H.R. 2358. An act to require the Secretary I recognize Lemmon, SD. The town of entities that manufacture the articles, mate- of the Treasury to mint and issue coins in Lemmon will celebrate its 100th anni- rials, or supplies outside of the United States commemoration of Native Americans and in fiscal year 2006; to the Committee on versary this year. the important contributions made by Indian Armed Services. Founded in 1907, Lemmon is located tribes and individual Native Americans to EC–2240. A communication from the Assist- in Perkins County near the North Da- the development of the United States and ant Secretary of the Navy (Installations and kota border. It was named after George the history of the United States, and for Environment), transmitting, pursuant to other purposes. Edward Lemmon, who managed the law, a report relative to the Department’s H.R. 2367. An act to amend the Fair Labor largest fenced pasture in the world and initiation of preliminary planning to deter- Standards Act, with respect to civil pen- is a member of the National Cowboy mine if the facilities maintenance and logis- alties for child labor violations. Hall of Fame. The town of Lemmon is tics function performed at Marine Corps home to the world’s largest petrified The message also announced that the Base, Quantico, Virginia is a suitable can- wood park, which was constructed by House has agreed to the following con- didate for a public-private competition; to unemployed workers during the Great current resolution, in which it requests the Committee on Armed Services. the concurrence of the Senate: EC–2241. A communication from the Assist- Depression. Lemmon has been a suc- ant Secretary of the Navy (Installations and cessful and thriving community for the H. Con. Res. 164. Concurrent resolution au- Environment), transmitting, pursuant to past 100 years and I am confident that thorizing the use of the Rotunda of the Cap- law, a report relative to the Department’s ef- it will continue to serve as an example itol for a ceremony to award the Congres- forts to determine if it should initiate a pub- of South Dakota values and traditions sional Gold Medal to Dr. Norman E. Borlaug. lic-private competition of facilities for the next 100 years. The message further announced that sustainment and other services at installa- I would like to offer my congratula- pursuant to 44 U.S.C. 2702, the Clerk of tions in Norfolk, Portsmouth, Virginia tions to the citizens of Lemmon on the House appoints Mr. Bernard Beach and Yorktown, VA; to the Committee Forrester of Houston, Texas, to the Ad- on Armed Services. their anniversary and wish them con- EC–2242. A communication from the Assist- tinued prosperity in the years to visory Committee on the Records of ant Secretary of the Navy (Installations and come.∑ Congress. Environment), transmitting, pursuant to f f law, a report relative to the Department’s decision not to conduct a public-private RECOGNIZING WESSINGTON, MEASURES REFERRED competition of nationwide personnel; to the SOUTH DAKOTA The following bills were read the first Committee on Armed Services. EC–2243. A communication from the Regu- ∑ Mr. THUNE. Madam President, today and the second times by unanimous latory Specialist, Office of the Comptroller I recognize Wessington, SD. The town consent, and referred as indicated: of the Currency, Department of the Treas- of Wessington will celebrate its 125th H.R. 251. An act to amend the Communica- ury, transmitting, pursuant to law, the re- anniversary this year. tions Act of 1934 to prohibit manipulation of port of a rule entitled ‘‘Special Lending Lim- Wessington is located west of Huron caller identification information, and for its for Residential Real Estate Loans, Small in Beadle County. Since its beginning, other purposes; to the Committee on Com- Business Loans, and Small Farm Loans’’ merce, Science, and Transportation. (OCC–2007–0011) received on June 11, 2007; to the town has been a strong reflection H.R. 2358. An act to require the Secretary the Committee on Banking, Housing, and of South Dakota’s values and tradi- of the Treasury to mint and issue coins in Urban Affairs. tions. As they celebrate this milestone commemoration of Native Americans and EC–2244. A communication from the Chief anniversary, I am confident that the important contributions made by Indian Counsel, Federal Emergency Management

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7633 Agency, Department of Homeland Security, EC–2254. A communication from the Asso- cuted by the Deputy Secretary relating to transmitting, pursuant to law, the report of ciate Deputy Secretary of the Interior, actions of Iraq and Libya; to the Committee a rule entitled ‘‘Changes in Flood Elevation transmitting, the report of a draft bill that on Foreign Relations. Determinations’’ (72 FR 28613) received on would amend the Federal Land Transaction EC–2264. A communication from the June 11, 2007; to the Committee on Banking, Facilitation Act; to the Committee on En- Human Resources Specialist, Office of the Housing, and Urban Affairs. ergy and Natural Resources. Assistant Secretary for Administration and EC–2245. A communication from the Chief EC–2255. A communication from the Prin- Management, Department of Labor, trans- Counsel, Federal Emergency Management cipal Deputy Associate Administrator, Office mitting, pursuant to law, the report of a va- Agency, Department of Homeland Security, of Policy, Economics and Innovation, Envi- cancy in the position of Chief Financial Offi- transmitting, pursuant to law, the report of ronmental Protection Agency, transmitting, cer, received on June 11, 2007; to the Com- a rule entitled ‘‘Final Flood Elevation Deter- pursuant to law, the report of a rule entitled mittee on Health, Education, Labor, and minations’’ (72 FR 27752) received on June 11, ‘‘Approval and Promulgation of Air Quality Pensions. 2007; to the Committee on Banking, Housing, Implementation Plans; Indiana; Exemption EC–2265. A communication from the White and Urban Affairs. from VOC Requirements for Sources Subject House Liaison, Office of Postsecondary Edu- EC–2246. A communication from the Chief to the National Emission Standards for Haz- cation, Department of Education, transmit- Counsel, Federal Emergency Management ardous Air Pollutants for Boat Manufac- ting, pursuant to law, the report of a nomi- Agency, Department of Homeland Security, turing or Reinforced Plastics Composites nation for the position of Assistant Sec- transmitting, pursuant to law, the report of Manufacturing’’ (FRL No. 8319–8) received on retary for Postsecondary Education, received a rule entitled ‘‘Changes in Final Flood Ele- June 12, 2007; to the Committee on Environ- on June 11, 2007; to the Committee on vation Determinations’’ (72 FR 27741) re- ment and Public Works. Health, Education, Labor, and Pensions. ceived on June 11, 2007; to the Committee on EC–2256. A communication from the Prin- EC–2266. A communication from the White Banking, Housing, and Urban Affairs. cipal Deputy Associate Administrator, Office House Liaison, Office of Postsecondary Edu- EC–2247. A communication from the Chief of Policy, Economics and Innovation, Envi- cation, Department of Education, transmit- Counsel, Federal Emergency Management ronmental Protection Agency, transmitting, ting, pursuant to law, the report of the des- Agency, Department of Homeland Security, pursuant to law, the report of a rule entitled ignation of an acting officer for the position transmitting, pursuant to law, the report of ‘‘Approval and Promulgation of Air Quality of Assistant Secretary for Postsecondary a rule entitled ‘‘Final Flood Elevation Deter- Implementation Plans; Indiana; NSR Reform Education, received on June 11, 2007; to the minations’’ (72 FR 28617) received on June 11, Regulations’’ (FRL No. 8327–1) received on Committee on Health, Education, Labor, and 2007; to the Committee on Banking, Housing, June 12, 2007; to the Committee on Environ- Pensions. and Urban Affairs. EC–2267. A communication from the White ment and Public Works. EC–2248. A communication from the Acting House Liaison, Department of Health and EC–2257. A communication from the Prin- Director, Office of Sustainable Fisheries, De- Human Services, transmitting, pursuant to cipal Deputy Associate Administrator, Office partment of Commerce, transmitting, pursu- law, the report of a nomination for the posi- of Policy, Economics and Innovation, Envi- ant to law, the report of a rule entitled tion of Surgeon General, received on June 11, ronmental Protection Agency, transmitting, ‘‘Fisheries of the Economic Exclusive Zone 2007; to the Committee on Health, Education, pursuant to law, the report of a rule entitled Off Alaska; Deep-Water Species Fishery by Labor, and Pensions. ‘‘Approval and Promulgation of Implementa- Vessels Using Trawl Gear in the Gulf of Alas- EC–2268. A communication from the Assist- tion Plans; Revisions to the Nevada State ka’’ (RIN0648–XA40) received on June 11, 2007; ant Secretary for Administration and Man- to the Committee on Commerce, Science, Implementation Plan; Request for Rescis- agement, Office of the Deputy Secretary, De- and Transportation. sion’’ (FRL No. 8325–8) received on June 12, partment of Labor, transmitting, pursuant EC–2249. A communication from the Acting 2007; to the Committee on Environment and to law, the report of a nomination for the po- Director, Office of Sustainable Fisheries, De- Public Works. sition of Deputy Secretary of Labor, received partment of Commerce, transmitting, pursu- EC–2258. A communication from the Prin- on June 11, 2007; to the Committee on ant to law, the report of a rule entitled cipal Deputy Associate Administrator, Office Health, Education, Labor, and Pensions. ‘‘Fisheries of the Exclusive Economic Zone of Policy, Economics and Innovation, Envi- EC–2269. A communication from the Direc- Off Alaska; Pacific Cod by Catcher Vessels ronmental Protection Agency, transmitting, tor, Office of Personnel Management, trans- Less than 60 Feet LOA Using Pot or Hook- pursuant to law, the report of a rule entitled mitting, the report of a legislative proposal and-Line Gear in the Bering Sea and Aleu- ‘‘Protection of Stratospheric Ozone: Alloca- entitled the ‘‘Senior Professional Perform- tian Islands Management Area’’ (RIN0648– tion of Essential Use Allowances for Cal- ance Act of 2007’’; to the Committee on XA25) received on June 11, 2007; to the Com- endar Year 2007’’ (FRL No. 8325–5) received Homeland Security and Governmental Af- mittee on Commerce, Science, and Transpor- on June 12, 2007; to the Committee on Envi- fairs. tation. ronment and Public Works. EC–2270. A communication from the Chair- EC–2250. A communication from the Dep- EC–2259. A communication from the Prin- man, Federal Housing Finance Board, trans- uty Assistant Administrator for Regulatory cipal Deputy Associate Administrator, Office mitting, pursuant to law, the Semiannual Programs, National Marine Fisheries Serv- of Policy, Economics and Innovation, Envi- Report of the Board’s Inspector General for ice, Department of Commerce, transmitting, ronmental Protection Agency, transmitting, the period ending March 31, 2007; to the Com- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled mittee on Homeland Security and Govern- ‘‘Regulatory Amendment to Modify Record- ‘‘Revisions to the Nevada State Implementa- mental Affairs. keeping and Reporting and Observer Re- tion Plan, Washoe County District Health EC–2271. A communication from the Acting quirements; Hagfish Collection of Informa- Department’’ (FRL No. 8327–3) received on Senior Procurement Executive, Office of the tion’’ (RIN0648–AU80) received on June 11, June 12, 2007; to the Committee on Environ- Chief Acquisition Officer, Department of De- 2007; to the Committee on Commerce, ment and Public Works. fense, transmitting, pursuant to law, the re- Science, and Transportation. EC–2260. A communication from the Chair- port of a rule entitled ‘‘Federal Acquisition EC–2251. A communication from the Dep- man, Nuclear Regulatory Commission, trans- Regulation’’ (FAC 2005–17) received on June uty Assistant Administrator for Regulatory mitting, pursuant to law, the Commission’s 11, 2007; to the Committee on Homeland Se- Programs, National Marine Fisheries Serv- latest quarterly report on the status of its li- curity and Governmental Affairs. ice, Department of Commerce, transmitting, censing and regulatory duties; to the Com- EC–2272. A communication from the Staff pursuant to law, the report of a rule entitled mittee on Environment and Public Works. Director, United States Commission on Civil ‘‘Temporary Rule to Prohibit New Entry to EC–2261. A communication from the Chief Rights, transmitting, pursuant to law, the the Pacific Whiting Fishery in 2007’’ of the Publications and Regulations Branch, report of the appointment of members to the (RIN0648–AV57) received on June 11, 2007; to Internal Revenue Service, Department of the Virginia Advisory Committee; to the Com- the Committee on Commerce, Science, and Treasury, transmitting, pursuant to law, the mittee on the Judiciary. Transportation. report of a rule entitled ‘‘Safe Harbor for EC–2273. A communication from the Staff EC–2252. A communication from the Acting Valuation Under Section 475’’ ((RIN1545– Director, United States Commission on Civil Director, Office of Surface Mining, Depart- BB90) (TD 9328)) received on June 12, 2007; to Rights, transmitting, pursuant to law, the ment of the Interior, transmitting, pursuant the Committee on Finance. report of the appointment of members to the to law, the report of a rule entitled ‘‘Mary- EC–2262. A communication from the Assist- Michigan Advisory Committee; to the Com- land Regulatory Program’’ (MD–055–FOR) re- ant Secretary, Office of Legislative Affairs, mittee on the Judiciary. ceived on June 12, 2007; to the Committee on Department of State, transmitting, pursuant f Energy and Natural Resources. to law, the certification of a proposed tech- EC–2253. A communication from the Attor- nical assistance agreement for the export of PETITIONS AND MEMORIALS ney, Office of General Counsel for Legisla- technical data, defense services and defense The following petitions and memo- tion and Regulatory Law, Department of En- articles to support the sale of four C–17A air- rials were laid before the Senate and ergy, transmitting, pursuant to law, the re- craft to Canada; to the Committee on For- port of a rule entitled ‘‘Procedural Rules for eign Relations. were referred or ordered to lie on the DOE Nuclear Activities and Occupational EC–2263. A communication from the Assist- table as indicated: Radiation Protection’’ (RIN1901–AA95) re- ant Secretary, Office of Legislative Affairs, POM–116. A joint resolution adopted by the ceived on June 12, 2007; to the Committee on Department of State, transmitting, pursuant Legislature of the State of Montana express- Energy and Natural Resources. to law, the report of a Determination exe- ing its opposition to the Rockies Prosperity

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7634 CONGRESSIONAL RECORD — SENATE June 13, 2007 Act; to the Committee on Energy and Nat- person shall ‘‘be deprived of life, liberty, or of the Nevada Congressional Delegation; and ural Resources. property, without due process of law; nor be it further HOUSE JOINT RESOLUTION NO. 31 shall private property be taken for public Resolved, That this resolution becomes ef- Whereas, bills with the same content have use, without just compensation’’. Now, fective upon passage. been introduced in the Congress for the past therefore, be it three sessions, named successively the Resolved by the Senate and the House of Rep- POM–118. A joint resolution adopted by the Northern Rockies Ecosystem Protection Act resentatives of the State of Montana: That the Senate of the State of Nevada encouraging of 2001, the Northern Rockies Ecosystem Montana Legislature is opposed to the pas- the use of biomass in the production of en- Protection Act of 2003, and the Rockies Pros- sage of these acts. Be it further ergy in Nevada and encouraging certain ac- perity Act of 2005; and Resolved, That the Montana Legislature tivities relating to that production; to the Whereas, these acts would designate more urge the members of Congress, especially the Committee on Energy and Natural Re- than 15.4 million acres as new wilderness, Montana delegation, to vigorously oppose sources. more than 1.4 million acres as park pre- these acts and any revisions of these acts SENATE JOINT RESOLUTION NO. 11 serves, more than 1 million acres as recovery and to vote against these acts at every op- Whereas, ‘‘Biomass’’ is the term used to areas, and an additional 8.51 million acres as portunity, Be it further describe organic matter that is available on biological connecting corridors; and Resolved, That the Secretary of State send a renewable basis, including, but not limited Whereas, the proposed wilderness, pre- copies of this resolution to the President of to, agricultural crops and agricultural serves, and recovery areas would impose se- the United States, the Secretary of State of wastes, wood and wood residues, animal vere restrictions on access and human activi- the United States, the President of the Sen- wastes, municipal wastes and various aquat- ties in violation of existing laws such as the ate and the Speaker of the House of Rep- ic plants; and Multiple-Use Sustained-Yield Act; and resentatives of the United States, and Mon- Whereas, unlike petroleum, biomass is a Whereas, severe restrictions on the man- tana’s Congressional Delegation. resource that is renewable and is generally agement of the private property within the readily available at the location where it is corridors would lead to prohibition of even- POM–117. A joint resolution adopted by the used to produce renewable energy, thereby aged silvicultural management, prohibition Senate of the State of Nevada urging Con- reducing the costs of distributing the bio- of timber harvesting, prohibition of mineral, gress to support a proposed off-highway vehi- mass; and oil, and gas exploration, prohibition of road cle park in Clark County; to the Committee Whereas, although the production and use construction or reconstruction with the goal on Energy and Natural Resources. of renewable energy is encouraged in Nevada, of achieving zero miles of road in the cor- SENATE JOINT RESOLUTION NO. 18 and biomass is included in the incentives ridors over a short time period, causing loss Whereas, the Nellis Dunes area comprises provided for the production and use of renew- of value to private property even to the approximately 10,181 acres located in unin- able energy, the availability and benefits of point of forcing landowners to abandon their corporated Clark County, Nevada, on federal using biomass itself should be accentuated properties, hopes and dreams and causing ex- public lands managed by the Bureau of Land and brought to the attention of the members treme hardship and anguish; and Management, 8,921 acres of which are usable of the general public: Now, therefore, be it Whereas, additional taking of private prop- recreation space, offering a variety of ter- Resolved by the Senate and Assembly of the erty would occur with the reduction of water rain and trails for off-highway vehicle enthu- State of Nevada, Jointly, That the Nevada rights on National Forest land and the re- siasts; and Legislature hereby urges Congress to make duction of grazing rights on National Forest Whereas, most areas of Clark County have biomass eligible for production tax credits at land, causing hardship and loss of business to been closed to motorized recreation; and the same level and in the same manner as ranchers, farmers, and residents in the re- Whereas, the Nellis Dunes is recognized in wind and geothermal energy: and be it fur- gion; and the Southern Nevada Regional Planning Coa- ther Whereas, the requirements for implemen- lition’s open space plan to protect the nat- Resolved, That this Legislature encourages tation of the management plans set forth in ural backdrops and maintain a perimeter the use of biomass in the production of en- the acts are extremely unbalanced in their trail corridor around the Las Vegas Valley; ergy in Nevada and therefore urges all Ne- approach to conservation, focus entirely on and vadans to consider investing money in the plant, animal, and ecological effects and Whereas, the Bureau of Land Manage- production of energy from biomass and to leave out the social, economic, and cultural ment’s Las Vegas Resource Management participate in the establishment throughout impacts on people who also are part of the Plan designates the Nellis Dunes as an ‘‘open the State of Nevada of projects that dem- natural environment, and are in violation of area,’’ allowing unrestricted motorized onstrate the effectiveness and desirability of existing law, such as the National Environ- recreation; and using locally obtained biomass in the pro- mental Policy Act; and Whereas, an opportunity exists for Clark duction of energy and partnerships between Whereas, the Montana Legislature does not County to develop and manage a motorized private enterprises and federal, state and believe these acts, drafted by extreme spe- recreation system, consistent with the mis- local governmental entities to create those cial interest groups funded by international sion of Nellis Air Force Base, with the poten- projects: and be it further foundations and other sources that do not tial to prevent safety concerns, improve air Resolved, That the Secretary of the Senate represent the majority of Montana residents, quality, protect rare plants and sensitive prepare and transmit a copy of this resolu- should be allowed to subject land in Montana soils, prevent refuse dumping and capitalize tion to the Vice President of the United to this sort of unbalanced, unnecessary con- on potential economic development possibili- States as the presiding officer of the Senate, trol; and the Speaker of the House of Representatives, Whereas, the placing of environmental or ties; and Whereas, a feasibility study, funded by the the Secretary of the Interior, the Secretary other restrictions upon the use of private of Agriculture, the Director of the Bureau of lands has been held by a number of recent Board of County Commissioners for Clark County, evaluated supply and demand con- Land Management, the Chief of the United United States Supreme Court decisions to States Forest Service, the Governor of the constitute a taking of the land for public siderations, capital and operations and main- tenance costs and options for funding, and State of Nevada, the Director of the State purposes; and Department of Conservation and Natural Re- Whereas, these acts do not include pro- likely operation models for a motorized sources and each member of the Nevada Con- posals to purchase the private lands; and recreation park; and gressional Delegation: and be it further Whereas, the restrictions contemplated Whereas, development of a motorized Resolved, That this resolution becomes ef- constitute an unlawful taking of that land in recreation park managed by Clark County fective upon passage. violation of Article I, section 8, clause 17, of will benefit southern Nevadans through the promotion of safe off-road activities and im- the Constitution of the United States, which POM–119. A resolution adopted by the Sen- provides that before any state land can be plementation of environmental protections to air, sensitive soils and native plants: Now, ate of the State of Florida urging Congress purchased, the consent of the state Legisla- to, among other things, fully authorize the ture and not the state Executive Branch therefore, be it Resolved by the Senate and Assembly of the conditionally approved projects in section must be obtained; and 601 of the Water Resources Development Act Whereas, Article IV, section 3, clause 2, of State of Nevada, Jointly, That the members of of 2000; to the Committee on Environment the Constitution of the United States pro- the Nevada Legislature hereby urge Congress and Public Works. vides that ‘‘nothing in this Constitution to promulgate legislation for the conveyance shall be so construed as to prejudice any of the Nellis Dunes area to Clark County for SENATE MEMORIAL 2770 claims of the United States, or of any par- the purpose of off-road recreation and envi- Whereas, the Everglades is one of the most ticular state’’; and ronmental protection; and be it further unique and fragile ecosystems in the world, Whereas, Article IV, section 4, of the Con- Resolved, That the Secretary of the Senate and stitution of the United States provides that prepare and transmit a copy of this resolu- Whereas, the Legislature and the Congress ‘‘the United States shall guarantee to every tion to the Vice President of the United of the United States have long recognized state in this union a republican form of gov- States as the presiding officer of the United that the Everglades is imperiled and must be ernment’’; and States Senate, the Speaker of the House of restored, and Whereas, Amendment V of the Constitu- Representatives, the Board of County Com- Whereas, the Comprehensive Everglades tion of the United States provides that no missioners of Clark County and each member Restoration Plan was approved by Congress

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7635

as a framework for restoration of the Ever- funding to expedite the improvements; and SENATE JOINT RESOLUTION NO. 17 glades in the Water Resources Development be it further Whereas, the Resident Physician Shortage Act of 2000, and Resolved, That copies of this memorial be Reduction Act of 2007 was recently intro- Whereas, the Comprehensive Everglades dispatched to the President of the United duced in Congress as a tool to help states Restoration Plan will restore more than 2.4 States, to the President of the United States whose physician to population ratios are million acres of the south Florida ecosystem Senate, to the Speaker of the United States below that of the national median; and while meeting the other water-related needs House of Representatives, and to each mem- Whereas, the intent of this legislation is to of the region, and ber of the Florida delegation to the United increase the number of residency positions Whereas, the Legislature and the gov- States Congress. for which Medicare payments will be made erning board of the South Florida Water to teaching hospitals in states with a short- Management District have appropriated POM–121. A joint resolution adopted by the age of resident physicians; and more than $2 billion to implement the Com- Legislature of the State of Nevada urging Whereas, increasing the number of resident prehensive Everglades Restoration Plan Congress to reevaluate the ‘‘fast track’’ ap- physicians in states is an important step to- since the passage of the Water Resources De- proval of international trade agreements; to wards ensuring an adequate supply of physi- velopment Act of 2000, and the Committee on Finance. cians in the health care system; and Whereas, the Legislature and the gov- ASSEMBLY JOINT RESOLUTION NO. 10 Whereas, as a result of this legislation, erning board of the South Florida Water teaching hospitals in approximately 24 states Whereas, as international trade has Management District have provided more would be eligible for an increase in their evolved in recent years under the ‘‘fast than 90 percent of the funding to implement resident cap, including Nevada which cur- track’’ authority by which Congress reviews the plan, and the South Florida Water Man- rently has 199 physicians in training and is international trade agreements involving agement District has begun construction on estimated to be eligible for an additional 93 the United States, the authority for which the initial conditionally authorized projects, positions; and will expire on June 30, 2007, significant ques- and Whereas, as one of the fastest growing tions have developed with respect to the con- Whereas, the Water Resources Develop- states in the nation, and with a ranking of tinuing ability of states to retain their char- ment Act of 2000 approved the restoration 43rd in the nation in physicians per 100,000 acter, environmental controls and quality of plan as a full and equal partnership between residents, it is critical to the residents of Ne- life; and the State Government and the Federal Gov- vada that the shortage of physicians be rem- Whereas, under ‘‘fast track’’ rules, the re- ernment, and edied; and view of complex trade agreements by Con- Whereas, the Indian River Lagoon and Pic- Whereas, it is the belief of the Nevada Leg- gress is limited to a vote to approve or reject ayune Strand projects and 10 conditionally islature that the Resident Physician Short- the agreements, after limited time for con- authorized projects require authorization age Reduction Act is an important first step sideration, without the possibility of amend- from Congress: Now, therefore, be it that will help meet Nevada’s and the na- ments; and Resolved by the Legislature of the State of tion’s need for future physician services: Whereas, trade agreements today have an Florida, That the Congress of the United Now, therefore, be it impact which extends significantly beyond States is requested to fully authorize the Resolved by the Senate and Assembly of the the bounds of traditional trade matters such conditionally approved projects in section State of Nevada, jointly, That the members of as tariffs and quotas, and instead grant for- 601 of the Water Resources Development Act the Nevada Legislature hereby express their eign investors and service providers certain of 2000 and the Indian River Lagoon and Pic- support for passage of the Resident Physi- rights and privileges regarding acquisition of ayune Strand projects in the Comprehensive cian Shortage Reduction Act of 2007: and be land and facilities and regarding operations Everglades Restoration Plan and to provide it further within a state’s territory, subject state laws funding for the federal share of the full and Resolved, That the Nevada Legislature will to challenge as ‘‘non-tariff barriers to trade’’ equal partnership; and be it further continue to do all things possible to make in the binding dispute resolution bodies that Resolved, That copies of this memorial be Nevada a desirable location for the physi- accompany the pacts and place limits on the dispatched to the President of the United cians who choose to practice here; and be it future policy options of state legislatures; States, to the President of the United States further and Senate, to the Speaker of the United States Resolved, That the Secretary of the Senate Whereas, despite the demonstrated variety House of Representatives, and to each mem- prepare and transmit a copy of this resolu- of significant impacts that trade and invest- ber of the Florida delegation to the United tion to the President of the United States, ment agreements have on state governance, States Congress. the Vice President of the United States as taxation authority, environmental protec- the presiding officer of the United States tion, land use regulation and many other POM–120. A resolution adopted by the Sen- Senate, the Secretary of Health and Human areas of state interest, states and local gov- ate of the State of Florida urging Congress Services and each member of the Nevada ernments have not received assurances that to authorize improvements to bring the Her- Congressional Delegation; and be it further their concerns will be adequately addressed Resolved, That this resolution becomes ef- bert Hoover Dike into compliance with cur- in any ‘‘fast track’’ renewal process; and fective upon passage. rent levee protection safety standards and to Whereas, Federal legislation should clarify authorize funding to expedite the improve- the negotiating agenda of the United States POM–123. A joint resolution adopted by the ments; to the Committee on Environment in a manner that establishes a stronger role Legislature of the State of Nevada urging and Public Works. for states and should include an explicit Congress to support a free trade agreement SENATE MEMORIAL 1680 mechanism for the prior informed consent of between the Republic of China on Taiwan Whereas, Lake Okeechobee was impacted affected state legislatures: Now, therefore, and the United States; to the Committee on by four hurricanes during the 2004 and 2005 be it Finance. hurricane seasons, and Resolved by the Assembly and Senate of the SENATE JOINT RESOLUTION NO. 16 Whereas, subsequently, at the request of State of Nevada, Jointly, That the Nevada Whereas, it is our belief that it is this local community leaders, the South Florida Legislature hereby urges Congress to re- country’s responsibility to promote the val- Water Management District Governing evaluate the ‘‘fast track’’ approval of inter- ues of freedom and democracy, a commit- Board implemented an independent report on national trade agreements, and to consider ment to open markets and the free exchange the Herbert Hoover Dike surrounding Lake replacing that authority with a more demo- of goods and ideas both at home and abroad, Okeechobee, and cratic, inclusive and deliberative mechanism and the Republic of China on Taiwan shares Whereas, the report found that the dike which takes into consideration the concerns these values and has struggled throughout does not meet current levee protection safe- of state legislatures and authorizes their the past 50 years to create what is an open ty standards, which constitutes a failure of participation in the international trade and thriving democracy; and the structure, and agreement process; and be it further Whereas, despite the fact that Taiwan is a Whereas, the failure of the structure poses Resolved, That the Chief Clerk of the As- member of the World Trade Organization, it a clear and imminent threat of catastrophic sembly prepare and transmit a copy of this has no formal trade agreement with the proportion to the communities surrounding resolution to the Vice President of the United States, yet Taiwan has emerged as Lake Okeechobee, and United States as the presiding officer of the the United States’ eighth largest trading Whereas, the dike was not built to current Senate, the Speaker of the House of Rep- partner, the United States is Taiwan’s larg- levee engineering standards and is therefore resentatives and each member of the Nevada est trading partner and American businesses not authorized by Congress to be brought Congressional Delegation; and be it further have benefited greatly from this dynamic into compliance to such standards: Now, Resolved, That this resolution becomes ef- trade relationship; and therefore, be it fective upon passage. Whereas, Taiwan has emerged over the Resolved, by the Legislature of the State of past two decades as one of the United States’ Florida, That the Congress of the United POM–122. A joint resolution adopted by the most important allies in Asia and through- States is requested to authorize improve- Legislature of the State of Nevada urging out the world; and ments to bring the Herbert Hoover Dike into Congress to enact the Resident Physician Whereas, Taiwan has forged an open, mar- compliance with current levee protection Storage Reduction Act of 2007; to the Com- ket-based economy and a thriving democ- safety standards by 2014 and to authorize mittee on Finance. racy based on free elections and the freedom

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7636 CONGRESSIONAL RECORD — SENATE June 13, 2007 of dissent, and it is in the interest of the Resolved, That the Legislature urges the Speaker of the House of Representatives, the United States to encourage the development Governor to provide the assistance necessary Secretary of Health and Human Services, the of both these institutions; and to identify and enroll children who qualify Director General of the Taipei Economic and Whereas, the United States has an obliga- for Medicaid or the Florida Kidcare program. Cultural Office in San Francisco, the Execu- tion to its allies and to its own citizens to Be it further tive Director of the Las Vegas Taiwanese encourage economic growth, market opening Resolved, That the Legislature proclaims Chamber of Commerce and the Nevada Con- and the destruction of trade barriers as a that all components of state government gressional Delegation; and be it further means of raising living standards across the should work together with educators, health Resolved, That this resolution becomes ef- board; and care providers, social workers, and parents fective upon passage. Whereas, a free trade agreement with Tai- to ensure that all available public and pri- wan would be a positive step toward accom- vate assistance for providing health benefits POM–126. A resolution adopted by the Sen- plishing all of these goals: Now, therefore, be to uninsured children in this state be used to ate of the State of Florida urging Congress it the maximum extent possible. Be it further to engage the international community to Resolved by the Senate and Assembly of the Resolved, That copies of this memorial be take action in the effort to bring a just and State of Nevada, Jointly, That the members of dispatched to the President of the United lasting peace to the people of Darfur; to the the Nevada Legislature hereby urge Presi- States, to the President of the United States Committee on Foreign Relations. dent George W. Bush and Congress to support Senate, to the Speaker of the United States SENATE MEMORIAL 1698 a free trade agreement between the United House of Representatives, and to each mem- Whereas, United Nations officials have de- States and Taiwan: and be it further ber of the Florida delegation to the United scribed the ongoing crisis in Darfur as ‘‘the Resolved, That the Secretary of the Senate States Congress. world’s worst humanitarian crisis,’’ and prepare and transmit a copy of this resolu- Whereas, hundreds of thousands of people tion to the President of the United States, POM–125. A joint resolution adopted by the have died and more than 2.5 million have the Vice President of the United States as Legislature of the State of Nevada urging been displaced in Darfur since 2003, and presiding officer of the United States Senate, Congress to continue to support the partici- Whereas, the Government of Sudan has the Speaker of the United States House of pation of the Republic of China on Taiwan in failed in its responsibility to protect the Representatives, the United States Sec- the World Health Organization; to the Com- many peoples of Darfur, and retary of State, the Director General of the mittee on Foreign Relations. Whereas, the United States Congress de- Taipei Economic and Cultural Office in San SENATE JOINT RESOLUTION NO. 15 clared on July 22, 2004, that the atrocities in Francisco, the Executive Director of the Las Whereas, in the first chapter of its charter, Darfur constituted genocide, and Vegas Taiwanese Chamber of Commerce and the World Health Organization set forth the Whereas, on September 9, 2004, Secretary the members of the Nevada Congressional objective of attaining the highest possible of State Colin Powell and President George Delegation; and be it further level of health for all people, and participa- W. Bush described the crisis in Darfur as Resolved, That this resolution becomes ef- tion in international health programs is cru- genocide, and fective upon passage. cial as the potential for the spread of infec- Whereas, on June 30, 2005, President Bush tious diseases increases proportionately with confirmed that ‘‘the violence in the Darfur POM–124. A resolution adopted by the Sen- increases in world trade, travel and popu- region is clearly genocide and the human ate of the State of Florida urging Congress lation; and cost is beyond calculation,’’ and to timely authorize the State Children’s Whereas, Taiwan’s population of over 23 Whereas, on May 8, 2006, President Bush Health Insurance Program to assure federal million is larger than three-fourths of the stated, ‘‘we will call genocide by its rightful funding for the Florida Kidcare program; to member countries who currently participate name, and we will stand up for the innocent the Committee on Finance. in the World Health Organization; and until the peace of Darfur is secured,’’ and SENATE MEMORIAL 1506 Whereas, the achievements of Taiwan in Whereas, on May 5, 2006, the Government Whereas, the Legislature of the State of the field of health are substantial and in- of Sudan and the largest rebel faction in Florida regards the health of children to be clude one of the highest life expectancy lev- Darfur, the Sudan Liberation Movement, led of paramount importance to families in the els in Asia, maternal and infant mortality by Minni Minnawi, signed the Darfur Peace state, and rates comparable to those of western coun- Agreement (DPA), and Whereas, the Legislature of the State of tries, the eradication of such infectious dis- Whereas, violence in Darfur escalated in Florida regards poor child health as a threat eases as cholera, smallpox and the plague, the months following the signing of the to the educational achievement and social and the distinction of being the first country DPA, with increased attacks against civil- and psychological well-being of the children in the world to provide children with free ians and humanitarian workers, and of the State of Florid, and hepatitis B vaccinations; and Whereas, violence has spread to the neigh- Whereas, the Legislature of the State of Whereas, before its loss of membership in boring states of Chad and the Central Afri- Florida considers protecting the health of the World Health Organization in 1972, Tai- can Republic, threatening regional peace and children to be essential to the well-being of wan sent specialists to serve in other mem- security, and Florida’s youngest citizens and the quality ber countries on countless health projects Whereas, in July 2006, more humanitarian of life in the state, and and its health experts held key positions in aid workers were killed than in the previous Whereas, the Legislature of the State of the organization, all to the benefit of the en- 3 years combined, and Florida considers the Florida Kidcare pro- tire Pacific region; and . Whereas, violence has forced some humani- gram, which was created in 1998 and cur- Whereas, presently, this remarkable coun- tarian organizations to suspend operations, rently has 1,388,520 children enrolled in the try is not allowed to participate in any fo- leaving 40 percent of the population of program, to be an integral part of the ar- rums or workshops organized by the World Darfur inaccessible to aid workers, and rangements for health benefits for the chil- Health Organization concerning the latest Whereas, on August 30, 2006, the United Na- dren of the State of Florida, and technologies in the diagnosis, monitoring tions Security Council passed Security Coun- Whereas, the Legislature of the State of and control of disease; and cil Resolution 1706 (2006), asserting that the Florida recognizes the value of the Florida Whereas, in recent years, the government existing United Nations Mission in Sudan Kidcare program in preserving child and the expert scientists and doctors of Tai- (UNMIS) ‘‘shall take over from the African wellness, preventing and treating childhood wan have expressed a willingness to assist fi- Union Mission in Sudan (AMIS) responsi- disease, improving health outcomes, and re- nancially and technically in international bility for supporting the implementation of ducing overall health costs, and aid and health activities supported by the the Darfur Peace Agreement (DPA) upon the Whereas, the Legislature of the State of World Health Organization, but these offers expiration of AMIS’s mandate but in any Florida considers the federal funding avail- have been refused; and event no later than 31 December 2006,’’ and able for the Florida Kidcare program to be Whereas, admittance of Taiwan to the that UNMIS ‘‘shall be strengthened by up to indispensable to providing health benefits World Health Organization would bring tre- 17,300 military personnel . . . up to 3,300 ci- for children of modest means, Now, there- mendous benefits to all persons in this vilian police personnel and up to 16 Formed fore, be it world: Now, therefore, be it Police Units,’’ which ‘‘shall begin to be de- Resolved, by the Legislature of the State of Resolved, by the Senate and Assembly of the ployed no later than 1 October 2006,’’ and Florida: That the Legislature urges the mem- State of Nevada, Jointly, That the members of Whereas, on September 19, 2006, President bers of the Florida delegation to the United the Nevada Legislature hereby urge Presi- Bush announced the appointment of Andrew States Congress to ensure that the Congress dent George W. Bush and the Congress of the Nastios as Presidential Special Envoy to reauthorizes the State Children’s Health In- United States to continue to support all ef- lead United States efforts to bring peace to surance Program (SCHIP) to continue to pro- forts made by the Republic of China on Tai- the Darfur region in Sudan, and vide federal funding for the Florida Kidcare wan to gain meaningful participation in the Whereas, on November 16, 2006, high-level program: Be it further World Health Organization; and be it further consultations led by Kofi Annan, Secretary Resolved, That the Legislature urges the Resolved, That the Secretary of the Senate General of the United Nations, and Alpha Governor to work with the Florida delega- prepare and transmit a copy of this resolu- Oumar Konare, Chairperson of the African tion to ensure that SCHIP is reauthorized in tion to the President of the United States, Union Commission, and including represent- a timely manner. Be it further the Vice President of the United States, the atives of the Arab League, the European

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7637 Union, the Government of Sudan, and other (c) Respect the impartiality and neutrality has, at various times and during various ses- national governments, produced the ‘‘Addis of humanitarian agencies so that relief sions, previously made applications to the Ababa Agreement,’’ and workers can have unfettered access to their Congress of the United States of America to Whereas, the Agreement stated that the beneficiary populations and deliver des- call one or more conventions to propose ei- DPA must be made more inclusive, and perately needed assistance. ther a single amendment concerning a spe- ‘‘called upon all parties—Government and (6) Urges the President to: cific subject or to call a general convention DPA nonsignatories—to immediately com- (a) Continue work with other members of to propose an unspecified and unlimited mit to a cessation of hostilities in Darfur in the international community, including the number of amendments to the United States order to give the peace process the best permanent members of the United Nations Constitution, pursuant to the provisions of chances for success,’’ and Security Council, the African Union, the Eu- Article V of the United States Constitution; Whereas, the Agreement included a plan to ropean Union, the Arab League, Sudan’s and establish a United Nations–African Union trading partners, and the Government of Whereas, former Chief Justice of the peacekeeping operation that would consist of Sudan to facilitate the implementation of United States of America Warren E. Burger, no fewer than 17,000 military troops and 3,000 the Addis Ababa Agreement and the subse- former Associate Justice of the United civilian police, and would have a primarily quent Richardson-Bashir Joint Statement; States Supreme Court Arthur J. Goldberg, African character, and (b) Ensure the ability of any peacekeeping and other leading constitutional scholars Whereas, the Agreement stated that the force deployed to Darfur to carry out its agree that such a convention may propose peacekeeping operation must be logistically mandate by providing adequate funding and sweeping changes to the Constitution, any and financially sustainable, with support by working with our international partners limitations or restrictions purportedly im- coming from the United Nations, and to provide technical assistance, logistical posed by the states in applying for a conven- Whereas, it is imperative that a peace- support and intelligence-gathering capabili- tion or conventions to the contrary notwith- keeping force in Darfur have sufficient ties, and military assets; standing. thereby creating an imminent peril (c) Vigorously pursue, in cooperation with strength and the mandate to provide ade- to the well-established rights of the citizens other members of the international commu- quate security to the people of Darfur, and and the duties of various levels of govern- nity, strong punitive action against those Whereas, on January 10, 2007, New Mexico ment; and Governor Bill Richardson met with Sudanese persons responsible for crimes against hu- Whereas, the Constitution of the United President Omar Hassan Al-Bashir; their manity as previously authorized in the States of America has been amended many meeting resulted in the issuance of a Joint Darfur Peace and Accountability Act of 2006 times in the history of this nation and may Statement calling for ‘‘a 60-day cessation of (Public Law 109–344), United Nations Secu- be amended many more times. without the hostilities by all parties within the frame- rity Council Resolution 1591 (2005), and the need to resort to a constitutional conven- work of the Darfur Peace Agreement,’’ and Comprehensive Peace in Sudan Act of 2004 tion, and has been interpreted for more than Whereas, the Joint Statement called for (Public Law 108–497, 118 Stat. 4012); and 200 years and has been found to be a sound (d) Make all necessary efforts to address the initiation of African Union/United Na- document that protects the lives and lib- the widespread incidents of gender-based vio- tions diplomatic efforts within the frame- erties of the citizens; and lence in Darfur, including working with the work of the DPA, and for two projected Whereas, there is no need for, and rather Government of Sudan to help institute a meetings—a Government of Sudan-sponsored there is great danger in, a new Constitution zero-tolerance policy for gender-based vio- field commanders’ conference to be attended or in opening the Constitution to sweeping lence as agreed to in the Richardson-Bashir by representatives of the African Union and changes, the adoption of which would only Joint Statement. the United Nations, and a subsequent Afri- create legal chaos in this nation and only can Union/United Nations sponsored peace (7) Calls upon the Speaker of the United States House of Representatives, the Major- begin the process of another 2 centuries of summit, again within the framework of the litigation over its meaning and interpreta- DPA, to be held no later than March 15, 2007, ity Leader of the United States Senate, and the Florida delegation to the United States tion. Now, therefore, be it and Resolved by the Senate and the House of Rep- Whereas, the Joint Statement stated the Congress to: (a) Provide all necessary funding and sup- resentatives of the State of Montana, That the need to disarm all armed groups, including Legislature does hereby repeal, rescind, can- the Janjaweed, pursuant to the provision of port for United Nations and African Union peacekeeping operations in Darfur; cel, nullify, and supersede to the same effect the DPA: Now, therefore, be it as if they had never been passed any and all Resolved by the Legislature of the State of (b) Provide all necessary funding and sup- port for humanitarian aid in Darfur and af- extant applications by the Legislature of the Florida, That the Florida Legislature: State of Montana to the Congress of the (1) Supports, given the rapidly deterio- fected areas of Chad and the Central African United States of America to call a conven- rating situation on the ground in Darfur, the Republic; tion to propose amendments to the Constitu- principles of the Addis Ababa Agreement of (c) Conduct sufficient oversight of actions tion of the United States of America, pursu- November 17, 2006, in order to increase secu- by the United States administration to en- sure that no opportunities for furthering the ant to the terms of Article V of the Constitu- rity and stability for the people of Darfur. (2) Declares that the deployment of an Af- peace are missed; and tion, regardless of when or by which session (d) Continue to monitor the conflict and rican Union–United Nations peacekeeping or sessions of the Montana Legislature the political processes and, if necessary, examine force under the command and control of the applications were made and regardless of imposing additional punitive sanctions United Nations, as laid out in the Addis whether the applications were for a limited against the Government of Sudan, officials Ababa Agreement, is the minimum accept- convention to propose one or more amend- within the Government of Sudan, rebel lead- able effort on the part of the international ments regarding one or more specific sub- ers, and any other individual or group ob- community to protect the people of Darfur. jects and purposes or for a general conven- (3) Supports the strengthening of the Afri- structing the ongoing peace process or in tion to propose an unlimited number of violation of agreed-upon cease-fires and the can Union peacekeeping mission in Sudan so amendments upon an unlimited number of Darfur Peace Agreement; and be it further that it may improve its performance with re- subjects; and be it further Resolved, That the Florida Legislature Resolved, That the following resolutions gard to civilian protection as the African urges Congress to do all in its power to fur- Union peacekeeping mission begins to trans- and memorials are specifically repealed, re- ther the goals expressed in this memorial in scinded, canceled, nullified, and superseded: fer responsibility for protecting the people of order to bring lasting peace to the people of Darfur to the United Nations–African Union Joint Concurrent Resolution No. 2, 1901; Darfur: and be it further House Joint Resolution No. 1, 1905; Senate peacekeeping force under the command and Resolved, That copies of this memorial be control of the United Nations, as laid out in Joint Resolution No. 1, 1907; House Joint Me- dispatched to the President of the United morial No. 7, 1911; House Joint Resolution the Addis Ababa Agreement. States, to the President of the United States (4) Calls upon the Government of Sudan to No. 13, 1963; and Senate Joint Resolution No. Senate, to the Speaker of the United States 5, 1965; and be it further immediately: House of Representatives, and to each mem- (a) Allow the implementation of the united Resolved, That the Legislature of the State ber of the Florida delegation to the United Nations light and heavy support packages as of Montana urges the Legislatures of each States Congress. provided for in the Addis Ababa Agreement; and every state that has applied to Congress and to call a convention for either a general or a POM–127. A joint resolution adopted by the limited constitutional convention to repeal (b) Work with the United Nations and the Legislature of the State of Montana repeal- international community to deploy United and rescind the. applications; and be it fur- ing, rescinding, canceling, voiding, and su- ther Nations peacekeepers to Darfur in keeping perseding any and all extant application pre- with the United Nations Security Council Resolved, That the Secretary of State is di- viously made by the Legislature to Congress rected to send copies of this resolution to the Resolution 1706 passed on August 31, 2006. to call a convention pursuant to the terms of (5) Calls upon all parties to the conflict to Secretary of State of each state in the Article V of the U.S. Constitution for pro- immediately: Union, to the presiding officers of both (a) Adhere to the Joint Statement issued posing one or more amendments to it; to the houses of the Legislatures of each state in by Governor Bill Richardson and President Committee on the Judiciary. the Union, to the President of the United Omar Hassan Al-Bashir on January 10, 2007; HOUSE JOINT RESOLUTION NO. 38 States Senate, to the Speaker of the United (b) Observe the cease-fire contained there- Whereas, the Legislature of the State of States House of Representatives, and to the in; and Montana, acting with the best of intentions, Montana Congressional Delegation.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7638 CONGRESSIONAL RECORD — SENATE June 13, 2007 REPORTS OF COMMITTEES correct the misalignment, and for other pur- ADDITIONAL COSPONSORS poses; to the Committee on Finance. S. 22 The following reports of committees By Mr. ENSIGN (for himself and Mr. were submitted: REID): At the request of Mr. WEBB, the name By Mr. DODD, from the Committee on S. 1608. A bill to provide for the convey- of the Senator from New Jersey (Mr. Banking, Housing, and Urban Affairs, with- ance of certain land in Clark County, Ne- LAUTENBERG) was added as a cosponsor out amendment: vada, for use by the Nevada National Guard; of S. 22, a bill to amend title 38, United S. 1610. An original bill to ensure national to the Committee on Energy and Natural Re- States Code, to establish a program of security while promoting foreign investment sources. educational assistance for members of and the creation and maintenance of jobs, to By Mr. INOUYE (for himself and Mr. the Armed Forces who serve in the reform the process by which such invest- STEVENS) (by request): Armed Forces after September 11, 2001, ments are examined for any effect they may S. 1609. A bill to provide the necessary au- and for other purposes. have on national security, to establish the thority to the Secretary of Commerce for the Committee on Foreign Investment in the establishment and implementation of a regu- S. 65 United States, and for other purposes (Rept. latory system for offshore aquaculture in the At the request of Mr. INHOFE, the No. 110–80). United States Exclusive Economic Zone, and names of the Senator from Illinois (Mr. S. 1611. An original bill to make technical for other purposes; to the Committee on OBAMA) and the Senator from Illinois corrections to SAFETEA-LU and other re- Commerce, Science, and Transportation. (Mr. DURBIN) were added as cosponsors lated laws relating to transit (Rept. No. 110– By Mr. DODD: of S. 65, a bill to modify the age-60 81). S. 1610. An original bill to ensure national standard for certain pilots and for S. 1612. An original bill to amend the pen- security while promoting foreign investment other purposes. alty provisions in the International Emer- and the creation and maintenance of jobs, to S. 116 gency Economic Powers Act, and for other reform the process by which such invest- purposes (Rept. No. 110–82). ments are examined for any effect they may At the request of Mr. OBAMA, the name of the Senator from Vermont f have on national security, to establish the Committee on Foreign Investment in the (Mr. SANDERS) was added as a cospon- INTRODUCTION OF BILLS AND United States, and for other purposes; from sor of S. 116, a bill to authorize re- JOINT RESOLUTIONS the Committee on Banking, Housing, and sources to provide students with oppor- Urban Affairs; placed on the calendar. The following bills and joint resolu- tunities for summer learning through By Mr. DODD: summer learning grants. tions were introduced, read the first S. 1611. An original bill to make technical S. 117 and second times by unanimous con- corrections to SAFETEA-LU and other re- sent, and referred as indicated: lated laws relating to transit; from the Com- At the request of Mr. OBAMA, the name of the Senator from Washington By Mr. MENENDEZ (for himself, Mr. mittee on Banking, Housing, and Urban Af- (Mrs. MURRAY) was added as a cospon- ENSIGN, and Mr. LAUTENBERG): fairs; placed on the calendar. S. 1603. A bill to authorize Congress to By Mr. DODD: sor of S. 117, a bill to amend titles 10 award a gold medal to Jerry Lewis, in rec- S. 1612. An original bill to amend the pen- and 38, United States Code, to improve ognition of his outstanding service to the alty provisions in the International Emer- benefits and services for members of Nation; to the Committee on Banking, Hous- gency Economic Powers Act, and for other the Armed Forces, veterans of the ing, and Urban Affairs. purposes; from the Committee on Banking, Global War on Terrorism, and other By Mrs. CLINTON (for herself and Mr. Housing, and Urban Affairs; placed on the veterans, to require reports on the ef- SMITH): calendar. fects of the Global War on Terrorism, By Mr. WYDEN (for himself and Mr. S. 1604. A bill to increase the number of and for other purposes. well-educated nurses, and for other purposes; CHAMBLISS): S. 185 to the Committee on Health, Education, S. 1613. A bill to require the Director of Na- Labor, and Pensions. tional Intelligence to submit to Congress an At the request of Mr. SPECTER, the By Mr. CONRAD (for himself, Mr. ROB- unclassified report on energy security and name of the Senator from Vermont ERTS, Mr. HARKIN, Mr. SALAZAR, Mr. for other purposes; to the Select Committee (Mr. SANDERS) was added as a cospon- DOMENICI, Mr. BINGAMAN, Mr. SMITH, on Intelligence. sor of S. 185, a bill to restore habeas Mr. NELSON of Nebraska, Ms. SNOWE, By Mr. HARKIN (for himself, Mr. KEN- corpus for those detained by the United Mrs. MURRAY, Mr. THUNE, Mr. DOR- NEDY, and Mrs. MURRAY): States. S. 1614. A bill to amend the Fair Labor GAN, Ms. COLLINS, Mr. JOHNSON, Mr. S. 206 ENZI, and Mrs. LINCOLN): Standards Act of 1938 to strengthen penalties for unlawful child labor; to the Committee At the request of Mrs. FEINSTEIN, the S. 1605. A bill to amend title XVIII of the name of the Senator from Louisiana Social Security Act to protect and preserve on Health, Education, Labor, and Pensions. access of Medicare beneficiaries in rural By Mr. DODD (for himself and Mr. (Mr. VITTER) was added as a cosponsor areas to health care providers under the BURR): of S. 206, a bill to amend title II of the Medicare program, and for other purposes; to S. 1615. A bill to provide loans and grants Social Security Act to repeal the Gov- the Committee on Finance. for fire sprinkler retrofitting in nursing fa- ernment pension offset and windfall By Mr. LEVIN (for himself, Mr. AKAKA, cilities; to the Committee on Health, Edu- elimination provisions. cation, Labor, and Pensions. Mr. MCCAIN, Mr. WARNER, Mrs. MUR- S. 329 By Mr. DURBIN (for himself, Mr. RAY, Mr. GRAHAM, Mr. KENNEDY, Mr. INCOLN GRASSLEY, Mr. CARPER, Mr. LUGAR, At the request of Mrs. L , the SESSIONS, Mr. ROCKEFELLER, Ms. COL- name of the Senator from Michigan LINS, Mr. BYRD, Mr. CHAMBLISS, Mr. and Mr. OBAMA): (Ms. STABENOW) was added as a cospon- OBAMA, Mrs. DOLE, Mr. LIEBERMAN, S. 1616. A bill to amend the Clean Air Act Mr. CORNYN, Mr. SANDERS, Mr. to promote and assure the quality of bio- sor of S. 329, a bill to amend title XVIII THUNE, Mr. REED, Mr. MARTINEZ, Mr. diesel fuel, and for other purposes; to the of the Social Security Act to provide BROWN, Mr. NELSON of Florida, Mr. Committee on Environment and Public coverage for cardiac rehabilitation and TESTER, Mr. NELSON of Nebraska, Mr. Works. pulmonary rehabilitation services. BAYH, Mrs. CLINTON, Mr. PRYOR, Mr. f S. 382 WEBB, Mrs. MCCASKILL, Mr. DURBIN, At the request of Ms. COLLINS, the SUBMISSION OF CONCURRENT AND and Ms. STABENOW): name of the Senator from West Vir- S. 1606. A bill to provide for the establish- SENATE RESOLUTIONS ginia (Mr. ROCKEFELLER) was added as ment of a comprehensive policy on the care The following concurrent resolutions and management of wounded warriors in a cosponsor of S. 382, a bill to amend order to facilitate and enhance their care, re- and Senate resolutions were read, and the Public Health Service Act to estab- habilitation, physical evaluation, transition referred (or acted upon), as indicated: lish a State family support grant pro- from care by the Department of Defense to By Mr. MCCONNELL: gram to end the practice of parents care by the Department of Veterans Affairs, S. Res. 233. A resolution making Minority giving legal custody of their seriously and transition from military service to civil- party appointments for the Select Com- emotionally disturbed children to ian life, and for other purposes; to the Com- mittee on Ethics for the 110th Congress; con- State agencies for the purpose of ob- mittee on Armed Services. sidered and agreed to. taining mental health services for By Mr. BAUCUS (for himself, Mr. By Mr. INHOFE (for himself and Mr. those children. GRASSLEY, Mr. SCHUMER, and Mr. DODD): GRAHAM): S. Res. 234. A resolution designating June S. 430 S. 1607. A bill to provide for identification 15, 2007, as ‘‘National Huntington’s Disease At the request of Mr. LEAHY, the of misaligned currency, require action to Awareness Day’’; considered and agreed to. name of the Senator from New York

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7639 (Mrs. CLINTON) was added as a cospon- S. 887 VOINOVICH) was added as a cosponsor of sor of S. 430, a bill to amend title 10, At the request of Mrs. FEINSTEIN, the S. 1099, a bill to amend chapter 89 of United States Code, to enhance the na- name of the Senator from Michigan title 5, United States Code, to make in- tional defense through empowerment (Ms. STABENOW) was added as a cospon- dividuals employed by the Roosevelt of the Chief of the National Guard Bu- sor of S. 887, a bill to restore import Campobello International Park Com- reau and the enhancement of the func- and entry agricultural inspection func- mission eligible to obtain Federal tions of the National Guard Bureau, tions to the Department of Agri- health insurance. and for other purposes. culture. S. 1125 S. 442 S. 901 At the request of Mr. LOTT, the name At the request of Mr. DURBIN, the At the request of Mr. KENNEDY, the of the Senator from Minnesota (Mr. name of the Senator from Missouri name of the Senator from Delaware COLEMAN) was added as a cosponsor of (Mrs. MCCASKILL) was added as a co- (Mr. CARPER) was added as a cosponsor S. 1125, a bill to amend the Internal sponsor of S. 442, a bill to provide for of S. 901, a bill to amend the Public Revenue Code of 1986 to provide incen- loan repayment for prosecutors and Health Service Act to provide addi- tives to encourage investment in the public defenders. tional authorizations of appropriations expansion of freight rail infrastructure S. 543 for the health centers program under capacity and to enhance modal tax eq- At the request of Mr. NELSON of Ne- section 330 of such Act. uity. braska, the names of the Senator from S. 912 S. 1146 South Dakota (Mr. JOHNSON), the Sen- At the request of Mr. ROCKEFELLER, At the request of Mr. SALAZAR, the ator from Mississippi (Mr. LOTT) and the name of the Senator from North name of the Senator from Nebraska the Senator from Washington (Mrs. Dakota (Mr. CONRAD) was added as a (Mr. HAGEL) was added as a cosponsor MURRAY) were added as cosponsors of cosponsor of S. 912, a bill to amend the of S. 1146, a bill to amend title 38, S. 543, a bill to improve Medicare bene- Internal Revenue Code of 1986 to ex- United States Code, to improve health ficiary access by extending the 60 per- pand the incentives for the construc- care for veterans who live in rural cent compliance threshold used to de- tion and renovation of public schools. areas, and for other purposes. termine whether a hospital or unit of a S. 970 S. 1173 hospital is an inpatient rehabilitation At the request of Mr. SMITH, the At the request of Mrs. BOXER, the facility under the Medicare program. name of the Senator from Alaska (Ms. name of the Senator from Massachu- MURKOWSKI) was added as a cosponsor setts (Mr. KERRY) was added as a co- S. 755 of S. 970, a bill to impose sanctions on sponsor of S. 1173, a bill to protect, At the request of Mr. SCHUMER, the Iran and on other countries for assist- consistent with Roe v. Wade, a wom- name of the Senator from Vermont ing Iran in developing a nuclear pro- an’s freedom to choose to bear a child (Mr. SANDERS) was added as a cospon- gram, and for other purposes. or terminate a pregnancy, and for sor of S. 755, a bill to amend title XIX S 999 other purposes. of the Social Security Act to require . States to provide diabetes screening At the request of Mr. COCHRAN, the S. 1205 name of the Senator from North Da- At the request of Mr. SMITH, the tests under the Medicaid program for kota (Mr. CONRAD) was added as a co- name of the Senator from Arkansas adult enrollees with diabetes risk fac- sponsor of S. 999, a bill to amend the (Mrs. LINCOLN) was added as a cospon- tors, to ensure that States offer a com- Public Health Service Act to improve sor of S. 1205, a bill to require a pilot prehensive package of benefits under stroke prevention, diagnosis, treat- program on assisting veterans service that program for individuals with dia- ment, and rehabilitation. organizations and other veterans betes, and for other purposes. S. 1042 groups in developing and promoting S. 790 At the request of Mr. ENZI, the name peer support programs that facilitate At the request of Mr. LUGAR, the of the Senator from Kentucky (Mr. community reintegration of veterans name of the Senator from Oregon (Mr. BUNNING) was added as a cosponsor of returning from active duty, and for WYDEN) was added as a cosponsor of S. S. 1042, a bill to amend the Public other purposes. 790, a bill to amend the Richard B. Rus- Health Service Act to make the provi- S. 1223 sell National School Lunch Act to per- sion of technical services for medical At the request of Ms. LANDRIEU, the mit the simplified summer food pro- imaging examinations and radiation name of the Senator from Mississippi grams to be carried out in all States therapy treatments safer, more accu- (Mr. COCHRAN) was added as a cospon- and by all service institutions. rate, and less costly. sor of S. 1223, a bill to amend the Rob- S. 799 S. 1060 ert T. Stafford Disaster Relief and At the request of Mr. HARKIN, the At the request of Mr. BIDEN, the Emergency Assistance Act to support name of the Senator from Vermont names of the Senator from Pennsyl- efforts by local or regional television (Mr. SANDERS) was added as a cospon- vania (Mr. CASEY), the Senator from or radio broadcasters to provide essen- sor of S. 799, a bill to amend title XIX Connecticut (Mr. LIEBERMAN) and the tial public information programming of the Social Security Act to provide Senator from Minnesota (Mr. COLEMAN) in the event of a major disaster, and individuals with disabilities and older were added as cosponsors of S. 1060, a for other purposes. Americans with equal access to com- bill to reauthorize the grant program S. 1260 munity-based attendant services and for reentry of offenders into the com- At the request of Mr. CARPER, the supports, and for other purposes. munity in the Omnibus Crime Control name of the Senator from South Da- S. 807 and Safe Streets Act of 1968, to im- kota (Mr. JOHNSON) was added as a co- At the request of Mr. MARTINEZ, his prove reentry planning and implemen- sponsor of S. 1260, a bill to protect in- name was added as a cosponsor of S. tation, and for other purposes. formation relating to consumers, to re- 807, a bill to amend the Comprehensive S. 1066 quire notice of security breaches, and Environmental Response Compensation At the request of Mr. DODD, the name for other purposes. and Liability Act of 1980 to provide of the Senator from Vermont (Mr. S. 1335 that manure shall not be considered to SANDERS) was added as a cosponsor of At the request of Mr. INHOFE, the be a hazardous substance, pollutant, or S. 1066, a bill to require the Secretary name of the Senator from North Caro- contaminant. of Education to revise regulations re- lina (Mr. BURR) was added as a cospon- S. 829 garding student loan repayment sor of S. 1335, a bill to amend title 4, At the request of Ms. MIKULSKI, the deferment with respect to borrowers United States Code, to declare English name of the Senator from California who are in postgraduate medical or as the official language of the Govern- (Mrs. FEINSTEIN) was added as a co- dental internship, residency, or fellow- ment of the United States, and for sponsor of S. 829, a bill to reauthorize ship programs. other purposes. the HOPE VI program for revitaliza- S. 1099 S. 1337 tion of severely distressed public hous- At the request of Ms. COLLINS, the At the request of Mr. KERRY, the ing, and for other purposes. name of the Senator from Ohio (Mr. name of the Senator from New Jersey

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7640 CONGRESSIONAL RECORD — SENATE June 13, 2007 (Mr. MENENDEZ) was added as a cospon- as cosponsors of S. 1500, a bill to sup- AMENDMENT NO. 1503 sor of S. 1337, a bill to amend title XXI port democracy and human rights in At the request of Mr. CARDIN, the of the Social Security Act to provide Zimbabwe, and for other purposes. name of the Senator from Massachu- for equal coverage of mental health S. 1514 setts (Mr. KERRY) was added as a co- services under the State Children’s At the request of Mr. DODD, the sponsor of amendment No. 1503 in- Health Insurance Program. names of the Senator from New York tended to be proposed to H.R. 6, a bill S. 1375 (Mrs. CLINTON) and the Senator from to reduce our Nation’s dependency on At the request of Mr. MENENDEZ, the Vermont (Mr. SANDERS) were added as foreign oil by investing in clean, re- name of the Senator from Vermont cosponsors of S. 1514, a bill to revise newable, and alternative energy re- (Mr. SANDERS) was added as a cospon- and extend provisions under the Gar- sources, promoting new emerging en- sor of S. 1375, a bill to ensure that new rett Lee Smith Memorial Act. ergy technologies, developing greater efficiency, and creating a Strategic En- mothers and their families are edu- S. 1551 cated about postpartum depression, At the request of Mr. BROWN, the ergy Efficiency and Renewables Re- screened for symptoms, and provided names of the Senator from California serve to invest in alternative energy, and for other purposes. with essential services, and to increase (Mrs. FEINSTEIN) and the Senator from research at the National Institutes of Vermont (Mr. SANDERS) were added as AMENDMENT NO. 1505 Health on postpartum depression. cosponsors of S. 1551, a bill to amend At the request of Mr. INHOFE, the names of the Senator from Texas (Mr. S. 1382 the Public Health Service Act with re- CORNYN) and the Senator from Texas At the request of Mr. REID, the spect to making progress toward the (Mrs. HUTCHISON) were added as cospon- names of the Senator from Connecticut goal of eliminating tuberculosis, and for other purposes. sors of amendment No. 1505 proposed to (Mr. DODD) and the Senator from Flor- H.R. 6, a bill to reduce our Nation’s de- S. 1555 ida (Mr. NELSON) were added as cospon- pendency on foreign oil by investing in At the request of Mr. LAUTENBERG, sors of S. 1382, a bill to amend the Pub- clean, renewable, and alternative en- the name of the Senator from Ohio lic Health Service Act to provide the ergy resources, promoting new emerg- (Mr. BROWN) was added as a cosponsor establishment of an Amyotrophic Lat- ing energy technologies, developing of S. 1555, a bill to establish certain du- eral Sclerosis Registry. greater efficiency, and creating a Stra- ties for pharmacies to ensure provision S. 1416 tegic Energy Efficiency and Renew- of Food and Drug Administration-ap- At the request of Mr. SMITH, the ables Reserve to invest in alternative proved contraception, and for other name of the Senator from Michigan energy, and for other purposes. purposes. (Ms. STABENOW) was added as a cospon- AMENDMENT NO. 1508 S. 1577 sor of S. 1416, a bill to amend the Inter- At the request of Mr. BAYH, the name nal Revenue Code of 1986 to make per- At the request of Mr. KOHL, the name of the Senator from California (Mrs. of the Senator from New Mexico (Mr. manent the deduction for mortgage in- FEINSTEIN) was added as a cosponsor of surance premiums. BINGAMAN) was added as a cosponsor of amendment No. 1508 proposed to H.R. 6, S. 1577, a bill to amend titles XVIII and S. 1426 a bill to reduce our Nation’s depend- XIX of the Social Security Act to re- At the request of Mrs. BOXER, the ency on foreign oil by investing in quire screening, including national name of the Senator from Washington clean, renewable, and alternative en- criminal history background checks, of (Mrs. MURRAY) was added as a cospon- ergy resources, promoting new emerg- direct patient access employees of sor of S. 1426, a bill to amend the Agri- ing energy technologies, developing skilled nursing facilities, nursing fa- cultural Trade Act of 1978 to reauthor- greater efficiency, and creating a Stra- cilities, and other long-term care fa- ize the market access program, and for tegic Energy Efficiency and Renew- cilities and providers, and to provide other purposes. ables Reserve to invest in alternative for nationwide expansion of the pilot S. 1437 energy, and for other purposes. program for national and State back- AMENDMENT NO. 1510 At the request of Ms. STABENOW, the ground checks on direct patient access name of the Senator from Ohio (Mr. At the request of Mr. LOTT, his name employees of long-term care facilities was added as a cosponsor of amend- VOINOVICH) was added as a cosponsor of or providers. S. 1437, a bill to require the Secretary ment No. 1510 intended to be proposed S. 1593 of the Treasury to mint coins in com- to H.R. 6, a bill to reduce our Nation’s At the request of Mr. BAUCUS, the dependency on foreign oil by investing memoration of the semicentennial of names of the Senator from Oregon (Mr. the enactment of the Civil Rights Act in clean, renewable, and alternative en- WYDEN), the Senator from Mississippi of 1964. ergy resources, promoting new emerg- (Mr. LOTT), the Senator from Idaho ing energy technologies, developing S. 1459 (Mr. CRAPO) and the Senator from Ne- greater efficiency, and creating a Stra- At the request of Mr. MENENDEZ, the vada (Mr. REID) were added as cospon- tegic Energy Efficiency and Renew- name of the Senator from Vermont sors of S. 1593, a bill to amend the In- ables Reserve to invest in alternative (Mr. SANDERS) was added as a cospon- ternal Revenue Code of 1986 to provide energy, and for other purposes. sor of S. 1459, a bill to strengthen the tax relief and protections to military AMENDMENT NO. 1514 Nation’s research efforts to identify personnel, and for other purposes. At the request of Mr. KERRY, the the causes and cure of psoriasis and S. 1597 name of the Senator from Connecticut psoriatic arthritis, expand psoriasis At the request of Mr. VITTER, the (Mr. DODD) was added as a cosponsor of and psoriatic arthritis data collection, name of the Senator from South Caro- amendment No. 1514 intended to be pro- study access to and quality of care for lina (Mr. DEMINT) was added as a co- posed to H.R. 6, a bill to reduce our Na- people with psoriasis and psoriatic ar- sponsor of S. 1597, a bill to preserve tion’s dependency on foreign oil by in- thritis, and for other purposes. open competition and Federal Govern- vesting in clean, renewable, and alter- S. 1469 ment neutrality towards the labor rela- native energy resources, promoting At the request of Mr. HARKIN, the tions of Federal Government contrac- new emerging energy technologies, de- name of the Senator from Connecticut tors on Federal and federally funded veloping greater efficiency, and cre- (Mr. DODD) was added as a cosponsor of construction projects. ating a Strategic Energy Efficiency S. 1469, a bill to require the closure of S. RES. 215 and Renewables Reserve to invest in al- the Department of Defense detention At the request of Mr. ALLARD, the ternative energy, and for other pur- facility at Guantanamo Bay, Cuba, and names of the Senator from Louisiana poses. for other purposes. (Mr. VITTER) and the Senator from AMENDMENT NO. 1518 S. 1500 Texas (Mrs. HUTCHISON) were added as At the request of Mr. MENENDEZ, the At the request of Mrs. CLINTON, the cosponsors of S. Res. 215, a resolution name of the Senator from New Jersey names of the Senator from Illinois (Mr. designating September 25, 2007, as ‘‘Na- (Mr. LAUTENBERG) was added as a co- DURBIN) and the Senator from Con- tional First Responder Appreciation sponsor of amendment No. 1518 in- necticut (Mr. LIEBERMAN) were added Day’’. tended to be proposed to H.R. 6, a bill

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7641 to reduce our Nation’s dependency on I can proudly say we have made good tiatives for the well-being of patients. foreign oil by investing in clean, re- progress in New York on one front. In The Nursing Education and Quality of newable, and alternative energy re- 2006, 30 percent more registered nurses Health Care Act will take the lead by sources, promoting new emerging en- graduated than in 2004. I believe that supporting projects that integrate pa- ergy technologies, developing greater we can credit this increase to the tient safety practices into nursing edu- efficiency, and creating a Strategic En- Nurse Reinvestment Act that was cation programs and enhance the lead- ergy Efficiency and Renewables Re- signed into law in 2002. Through this ership of nurses in improving patients’ serve to invest in alternative energy, bipartisan legislation, we were able to outcomes within their health care set- and for other purposes. make great strides in strengthening tings. AMENDMENT NO. 1523 our Nation’s nursing workforce. We will all rely on nurses sometime At the request of Mr. THUNE, the The Nurse Reinvestment Act in- in our life, and we need to make sure name of the Senator from Maine (Ms. cluded a number of critical initiatives that this essential member of the SNOWE) was added as a cosponsor of including one from the bipartisan bill I health care team will always be amendment No. 1523 intended to be pro- introduced with Senator SMITH to re- present at our bedsides. posed to H.R. 6, a bill to reduce our Na- tain nurses who are already in the pro- I am pleased to introduce legislation tion’s dependency on foreign oil by in- fession by encouraging hospitals to be- that supports nurses and that is sup- vesting in clean, renewable, and alter- come magnet hospitals. Hospitals that ported by nursing organizations like native energy resources, promoting have achieved magnet status report the American Association of Colleges new emerging energy technologies, de- lower mortality rates, higher patient of Nursing, the American Nurses Asso- veloping greater efficiency, and cre- satisfaction, greater cost-efficiency, ciation, the American Organization of ating a Strategic Energy Efficiency and patients experiencing shorter stays Nurse Executives, the Brooklyn Nurs- and Renewables Reserve to invest in al- in hospitals and intensive care units ing Partnership, and the New York ternative energy, and for other pur- underlining the importance of nursing State Area Health Education Center poses. in our health care system. System. Nurses are critical to the suc- I am here today because nurses are AMENDMENT NO. 1524 cessful operation of our hospitals and still facing an urgent situation that re- the quality of care patients receive and At the request of Mr. SALAZAR, the quires our action. Even though we are names of the Senator from Colorado we must do everything we can to ad- making progress in graduating more dress the nursing shortage and make (Mr. ALLARD), the Senator from Flor- nurses, in 2006 over 32,323 qualified ap- ida (Mr. NELSON), the Senator from nursing an attractive and rewarding plicants were turned away from nurs- profession. North Dakota (Mr. CONRAD), the Sen- ing schools in the United States. In ator from North Dakota (Mr. DORGAN) Mr. SMITH. Mr. President, I am New York, it is estimated that nearly pleased to join my colleague, Senator and the Senator from New Jersey (Mr. 3,000 nursing school applicants were de- MENENDEZ) were added as cosponsors of CLINTON, in introducing this important nied entry. Put simply, we don’t have piece of legislation to help alleviate amendment No. 1524 intended to be pro- the capacity in our nursing schools to posed to H.R. 6, a bill to reduce our Na- the nursing shortage in our Nation. train qualified potential students. This legislation will work to ensure tion’s dependency on foreign oil by in- Not only are we facing a nursing that our nursing schools have in- vesting in clean, renewable, and alter- shortage, we are setting ourselves up creased capacity and the tools nec- native energy resources, promoting for a potential nursing crisis if we essary to properly train nurses to enter new emerging energy technologies, de- don’t address the impending faculty into the workforce. veloping greater efficiency, and cre- shortage that will occur as baby boom- ating a Strategic Energy Efficiency er nurse faculty reach retirement age, As many of my colleagues know, the and Renewables Reserve to invest in al- leaving fewer and fewer faculty to shortage of nurses is a current and ever ternative energy, and for other pur- teach the next generation of nurses. increasing problem in our Nation. As poses. We need to pave the way and recruit baby boomers age and demands for f more people into the nursing profes- health care continue to increase, we sion. This shortage impacts not only will further see a shortage of nurses, STATEMENTS ON INTRODUCED nurses, but also patients since we know which is not sustainable for the health BILLS AND JOINT RESOLUTIONS that the quality of care they receive is needs of our Nation. While the number Mrs. CLINTON (for herself and directly related to nurses. of graduates from nursing programs is Mr. SMITH): The Nursing Education and Quality increasing, we are still facing ongoing S. 1604. A bill to Increase the number of Health Care Act supports recruit- critical shortages and we must do bet- of well-educated nurses, and for other ment, education, and training to help ter. purposes; to the Committee on Health, alleviate the nursing shortage in New Incredibly, while we have an ever-in- Education, Labor, and Pensions. York and in the rest of the Nation. creasing demand for nurses, we are also Mrs. CLINTON. Mr. President, I am This act will establish distance learn- seeing our schools of nursing turn away pleased to introduce the Nursing Edu- ing opportunities for peop1ein rural scores of students each year who are cation and Quality of Health Care Act communities who wish to pursue the viable candidates due to lack of capac- of 2007. This legislation is essential for nursing profession without leaving ity and lack of teaching staff. In fact, addressing our current and future nurs- their home town. This legislation will in my home State of Oregon, for each ing shortages. also provide tuition assistance and student position available in nursing I have been hearing from nurses and loan forgiveness for those who choose programs, there are six applicants. health care providers from every part to practice in rural communities. This forces many young men and of New York that we are facing an im- To increase the number of nurses in women who want to enter this field of pending nursing crisis and their stories the workforce we need to expand the work to give up on pursuing a nursing echo what nurses across the Nation tell nursing faculty so that thousands of career. This is one of many reasons me. qualified students are not turned away that we currently have 118,000 vacant By 2014, the Bureau of Labor Statis- from the profession. This legislation positions for nurses nationwide, this tics forecasts that there will be over 1 will fund programs that enhance re- translates to a national vacancy rate million job openings for registered cruitment of faculty and allow for the of 8.5 percent. nurses. In New York alone, we will expansion of nursing education pro- Our entire Nation is on an aging tra- need to produce over 80,000 new RNs to grams by funding distance learning in- jectory in all areas, and the nursing meet these projections. One of our novation, and by expanding the re- workforce is no exception. In Oregon, greatest needs will be in rural areas cruitment and training of community- nearly half of our nurses are age 50 or where the pool of nurses is small and based faculty for classroom and clin- older, and the proportion of nurses over the loss of just one nurse from the ical education. the age of 50 has doubled in the last 20 workforce can have a profound impact We also need nurses to participate years. We also know that according to on the health of the community. and collaborate in patient-safety ini- a survey in 2006, 55 percent of surveyed

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7642 CONGRESSIONAL RECORD — SENATE June 13, 2007 nurses reported their intention to re- enacting this legislation that will the provision in current law that pro- tire between 2011 and 2020. Further, ac- carry his name. vides incentive payments for doctors cording to the Health Resources and As Senator Thomas and I continually who practice in rural areas. Services Administration, HRSA, this argued in this Chamber, Medicare Third, our bill would guarantee that will leave America with a deficit of shortchanges many rural hospitals and when there is an emergency, there is more than 1 million nurses by the year providers. Before the Medicare Mod- an ambulance there to respond. Many 2020. ernization Act, rural providers received rural ambulance services are closing The bill that I am introducing today one-half the payments that urban areas because of lower Medicare reimburse- with Senator CLINTON will provide received—one-half to provide exactly ment, resulting in response times far grants to enhance rural nurse training the same treatment for exactly the above the national average. R-HOPE programs by improving the technology same illness. That was unfair. would protect rural ambulance services infrastructure. It also will provide Senator Thomas and I teamed up at and those living and traveling in these grants for nurse faculty development the time to make changes that were in parts of the country by providing a 5- so that schools of nursing can increase the Medicare prescription drug bill percent bonus payment for 2008 and the number of nursing faculty in their that began to level the playing field, 2009. programs, thereby increasing the num- but those provisions are about to run Finally, our bill takes a number of ber of students they can accept into out. steps to help protect the availability of their programs. This bill also will en- I would be the first to admit that other health care providers, such as courage pipeline programs to help in- health care can be more expensive in rural health clinics, home health agen- crease the number of rural residents urban areas than rural areas, but it is cies, and mental health professionals. who pursue nursing in their commu- not twice as much. When I ask the doc- This bill achieves the goal Senator nities. Lastly, it will provide grants for tors and hospital administrators of my Thomas and I have had for a number of partnerships that advance the edu- State if they get a rural discount when years, that rural America enjoy the cation, delivery and measurement of they buy technology for hospitals, they same level of health care access and af- quality and patient safety in nursing laugh, they chuckle, they say, no, they fordability more urban areas enjoy. practices. These important provisions don’t get any rural discount. We know Rural America is the heart of our coun- will help in the recruitment and train- now it actually costs more to recruit try. We cannot turn our backs on these ing of nurses as well as work towards doctors to rural parts of the country areas and their health care needs. enhanced quality and safety of nursing than it does more urban settings, and Before I close, I also want to recog- across the Nation. we know while there is some cost dif- nize Senator Thomas’s staff member, I hope my colleagues will join me in ferential, it is not a 100-percent cost Erin Tuggle, who has worked tirelessly support of this bill, and I look forward differential. on this legislation on behalf of rural to working with Chairman KENNEDY The Medicare bill, the prescription health care and served Senator Craig and other members of the Health, Edu- drug bill recognized this disparity in Thomas so very well. She played a key cation, Labor, and Pensions Committee reimbursement and took steps to close role in developing this legislation, to secure its passage. the gap. Even with the additional fund- along with my staff, and I thank her ing, many rural hospitals and providers for her efforts. By Mr. CONRAD (for himself, Mr. continue to experience negative mar- It is my hope this legislation, which ROBERTS, Mr. HARKIN, Mr. gins. will carry Senator Craig Thomas’s SALAZAR, Mr. DOMENICI, Mr. If we are to maintain access to name, will help strengthen our rural BINGAMAN, Mr. SMITH, Mr. NEL- health care in rural areas, we cannot health care system. I can’t think of a SON of Nebraska, Ms. SNOWE, allow providers to lose 3 percent on better tribute to my friend and our col- Mrs. MURRAY, Mr. THUNE, Mr. nearly every patient they see. But that league, Senator Craig Thomas. DORGAN, Ms. COLLINS, Mr. is what is occurring in rural America At this point, I wish to indicate that JOHNSON, Mr. ENZI, and Mrs. today. Senator ROBERTS is my leading cospon- LINCOLN): Congress needs to take steps to fairly sor, Senator ROBERTS of Kansas, and S. 1605. A bill to amend title XVIII of reimburse rural providers for the care we are joined by Senator HARKIN, Sen- the Social Security Act to protect and they provide. The Craig Thomas R- ator SALAZAR, Senator DOMENICI, Sen- preserve access of Medicare bene- HoPE bill will build on the progress ator BINGAMAN, Senator SMITH, Sen- ficiaries in rural areas to health care made in the medicare Prescription ator NELSON of Nebraska, Senator providers under the Medicare program, Drug Act and add new provisions that SNOWE, Senator MURRAY, Senator and for other purposes; to the Com- would protect access to rural health THUNE, Senator DORGAN, Senator COL- mittee on Finance. care. LINS, Senator JOHNSON, and Senator Mr. CONRAD. Mr. President, it is First, the bill will fulfill the promise ENZI. I ask unanimous consent that with mixed emotions that I rise today made to those living and traveling in they all appear as cosponsors of this to introduce the Rural Hospital and rural areas that they don’t have to legislation. Provider Equity Act of 2007, or R- travel far for hospital care. The bill The PRESIDING OFFICER. Without HoPE. This proposal is the result of would also provide more reflective re- objection, it is so ordered. months of work with my friend and imbursement for the cost of labor in Mr. CONRAD. I should also indicate colleague, Senator Craig Thomas, who rural areas. I should say reimburse- before I close that this bill has now just passed away. In fact, Senator ment that more fairly reflects the been endorsed by the National Rural Thomas and I were getting ready to in- costs in rural areas since they are Health Association, the American Hos- troduce this bill the week we lost him. often competing with more urban areas pital Association, the American Ambu- This particular legislation is the in the global health care marketplace. lance Association, the American Tele- product of work that Senator Thomas In addition, our proposal would pro- medicine Association, the National As- and I have done over many years as co- vide the resources currently lacking in sociation for Home Care & Hospice, the chair of the rural health caucus. So it rural hospitals to repair crumbling American Association for Marriage and is a poignant moment for me to come buildings. It also includes two changes Family Therapy, the National Associa- to the floor to introduce this bill. I am to the Critical Access Hospital Pro- tion of Rural Health Clinics, the North asking my colleagues that we name gram and will put these facilities on a Dakota Hospital Association, and the this bill the Craig Thomas Rural Hos- sounder financial footing. Federation of American Hospitals, all pital and Provider Equity Act of 2007, Second, R-HoPE will promise that of them joining together to send a mes- as we pay tribute to the service of our rural Americans can see a doctor when sage that this legislation is needed and colleague, Senator Thomas. they are sick. As is the case with most it is needed now. I can think of no better champion of rural States, much of North Dakota is This is one way we can pay a tangible rural health than Senator Craig Thom- designated as a health professional tribute to the service of Senator Craig as, and there is not a more appropriate shortage area. Recruiting doctors is ex- Thomas. I think all of us who knew way to honor his Senate career than by tremely difficult. Our bill would extend him and worked with him knew him as

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7643 a quintessential gentleman, and I hope The Dignified Treatment for Wound- department and the VA to jointly as- very much that others of our col- ed Warriors Act requires the Secretary sign the disability rating, also based on leagues will join us in cosponsoring of Defense to establish standards for all medical conditions that render the this legislation in this tribute to Sen- the treatment of and housing for mili- service member medically unfit for ator Thomas. tary outpatients. These standards will military service. require compliance with Federal and Fourth, the act will require the Sec- By Mr. LEVIN (for himself, Mr. other standards for hospital facilities retary of Defense to establish a board AKAKA, Mr. MCCAIN, Mr. WAR- and operations and will be uniform and to review and, where appropriate, cor- NER, Mrs. MURRAY, Mr. consistent throughout the Department rect disability determinations of 20 GRAHAM, Mr. KENNEDY, Mr. of Defense. percent or less for those service mem- SESSIONS, Mr. ROCKEFELLER, Another shortfall identified in the bers separated from service because Ms. COLLINS, Mr. BYRD, Mr. aftermath of the Washington Post arti- they were medically unfit for duty CHAMBLISS, Mr. OBAMA, Mrs. cles is the inconsistency in disability after September 11, 2001. This will give DOLE, Mr. LIEBERMAN, Mr. ratings for the same and similar dis- our service members an opportunity to CORNYN, Mr. SANDERS, Mr. abilities. In many instances, disability correct unwarranted low disability rat- THUNE, Mr. REED, Mr. MAR- ratings assigned by the Veterans’ Ad- ings and ensure that disability ratings TINEZ, Mr. BROWN, Mr. NELSON ministration are higher than the dis- are uniform and equitable. of Florida, Mr. TESTER, Mr. ability ratings assigned by the military The Institute of Medicine has just NELSON of Nebraska, Mr. BAYH, services for the same injuries. The completed a study for the Veterans’ Mrs. CLINTON, Mr. PRYOR, Mr. military services are not even con- Disability Benefits Commission, con- WEBB, Mrs. MCCASKILL, Mr. sistent among themselves in assigning cluding that current VA standards are DURBIN, Ms. STABENOW): disabilities. The Dignified Treatment out of step with modern medical ad- S. 1606. A bill to provide for the es- for Wounded Warriors Act addresses vances in conditions such as traumatic tablishment of a comprehensive policy the issue of disparate disability ratings brain injury and modern concepts of on the care and management of wound- in several ways. ed warriors in order to facilitate and First, it requires the military depart- disability. The Disability Commission enhance their care, rehabilitation, ments to use VA standards for rating is due to report to Congress on its find- physical evaluation, transition from disabilities, allowing the military to ings and recommendations in October. care by the Department of Defense to deviate from these standards only The Dignified Treatment for Wounded care by the Department of Veterans Af- when the deviation will result in a Warriors Act will require the Depart- fairs, and transition from military higher disability rating for the service ment of Defense to use any updated service to civilian life, and for other member. In our view, requiring all of standards as soon as the Veterans’ Ad- purposes; to the Committee on Armed the military departments and the VA ministration adopts them. Services. to use the same standards should result Our bill addresses the lack of a seam- Mr. LEVIN. Mr. President in Feb- in identical disability ratings for the less transition from the military to the ruary, a series of articles in the Wash- same or similar disabilities. Veterans’ Administration by requiring ington Post highlighted shortfalls in Second, the act will change the stat- the Secretary of Defense and the Sec- the care and treatment of our wounded utory presumption used by the mili- retary of Veterans Affairs to jointly warriors at the Walter Reed Army Hos- tary departments for determining develop a comprehensive policy on the pital. These articles described deplor- whether a disability is incurred inci- care and management of service mem- able living conditions for some service dent to military service or existed bers who will transition from DOD to members in an outpatient status; a prior to military service to mirror the the VA. This policy will address the bungled, bureaucratic process for as- statutory presumption used by the VA. care and management of service mem- signing disability ratings that deter- Currently, the military rule is that a bers in a medical hold or medical hold- mine whether a service member will be disability is presumed to be incident to over status, the medical evaluation and medically retired with health and service if a member has been in the disability evaluation of disabled serv- other benefits for himself and for his military for 8 or more years. That ice members, the return of disabled family; and a clumsy handoff between leaves out a high percentage of our service members to active duty when the Department of Defense and the De- troops. Under the revised rule, a dis- appropriate, and the transition of dis- partment of Veterans Affairs as the ability will be presumed to be incident abled service members from receipt of military member transitions from one to service when the member has 6 care and services from the Department department to the other. The Nation’s months or more of active military of Defense to receipt of care and serv- shock and dismay reflected the Amer- service and the disability was not ices from the VA. ican people’s support, respect, and noted at the time the member entered Another problem identified by the gratitude for the men and women who active duty, unless compelling evi- committees is the inadequacy of sepa- put on our Nation’s uniform. They de- dence or medical judgement warrant a ration pay for junior service members. serve the best, not shoddy medical care finding that the disability existed be- Those separated with a disability rat- and bureaucratic snafus. fore the member entered active duty. ing of 30 percent or higher are medi- The Armed Services Committee and This should avoid the situation where cally retired with health care and addi- the Veterans’ Affairs Committee held a the military assigns a disability rating tional benefits for the service members rare joint hearing to identify the prob- of zero percent on the basis that a dis- and their families. Those separated lems our wounded soldiers are facing. ability existed prior to service and the with a disability rating of less than 30 These committees continue to work to- VA later awards a higher disability percent are discharged and given a sev- gether to address these issues, culmi- rating and disability compensation by erance pay that is based on how long nating in the bill we introduce today, using the VA presumption to conclude they were in the military. For exam- the Dignified Treatment for Wounded that the very same disability is service ple, a service member with 2 years of Warriors Act. Our bill addresses the connected. service will receive the equivalent of issues of substandard facilities, incon- Third, the act will require two pilot only 4 months basic pay as severance sistent disability ratings, lack of seam- programs to test the viability of using pay. This bill increases the minimum less transition from DOD to the VA, in- the VA to assess disability ratings for severance pay to 1 year’s basic pay for adequacy of severance pay, care and the Department of Defense. One pilot those separated for disabilities in- treatment for traumatic brain injury program will require the Veterans’ Ad- curred in a combat zone and 6 months’ and post-traumatic stress disorder, ministration to assign the disability basic pay for all others. Furthermore, medical care for caregivers not eligible ratings for the Department of Defense, under current law, severance pay is de- for TRICARE, and the sharing of med- based on all medical conditions that ducted from any VA disability com- ical records between the Department of render the service member medically pensation these service members re- Defense and the Department of Vet- unfit for military service. The other ceive. Our bill changes that by elimi- erans Affairs. pilot program will require the military nating the requirement that severance

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7644 CONGRESSIONAL RECORD — SENATE June 13, 2007 pay be deducted from disability com- that lays out a path for the Depart- ability Evaluation System contained in pensation for disabilities incurred in a ment of Defense and the Department of S. 1252, legislation I introduced on combat zone. Veterans Affairs to address shortfalls April 30, 2007. For the Disability Eval- The signature injuries of the current in the care and management of our uation System to work fairly and con- conflicts are post-traumatic stress dis- wounded warriors. They deserve the sistently, there must be uniform use by order, commonly referred to as PTSD, best care and support we can muster. the military services of VA’s disability and traumatic brain injury, referred to The American people rightly insist on rating schedule. The services must as TBI. We still have a lot to do to ade- no less. take into account all conditions which quately respond to these injuries. To Mr. AKAKA Mr. President, as chair- render a servicemember unfit when address this, the Dignified Treatment man of the Veterans’ Affairs Com- making a disability rating, as well as of Wounded Warriors Act authorizes $50 mittee and as a member of the Armed develop a program for the uniform million for improved diagnosis, treat- Services Committee, I was delighted to training of Medical Evaluation Board ment, and rehabilitation of members work with Senator LEVIN, chairman of and Physical Evaluation Board per- with TBI or PTSD. The act also re- the Armed Services Committee, and sonnel. It is also essential that DoD de- quires the Secretary of Defense to es- others on this important legislation, velop a system of accountability to en- tablish Centers of Excellence for PTSD the Dignified Treatment of Wounded sure that the military services comply and for TBI. These centers will conduct Warriors Act of 2007. I really appre- with disability rating regulations and research, train health care profes- ciated the willingness of the Armed policies. sionals, and provide guidance through- Services Committee staff to work in I am pleased to note that on June 27 out the Department of Defense in the close cooperation with the Veterans’ the Veterans’ Affairs Committee will prevention, diagnosis, mitigation, Affairs Committee staff on its drafting. conduct a markup of legislation that treatment, and rehabilitation of these This legislation would improve the will complement the efforts of the injuries. Finally, the act requires the policies which govern the care and Armed Services Committee to make Secretary of Defense, in consultation management of all servicemembers sure that VA appropriately addresses with the Secretary of Veterans Affairs, with a serious illness or injury that problems confronting seriously wound- to report to Congress with comprehen- might render them unfit for duty in ed and injured servicemembers once sive plans to prevent, diagnose, miti- order to facilitate and enhance their they become veterans. care, rehabilitation, and physical eval- gate, treat, and otherwise respond to I commend Chairman LEVIN and the TBI and PTSD. These plans will ad- uation, as well as improve their transi- staff of the Armed Services Committee dress improvements of personnel pro- tion from the Department of Defense to for crafting this comprehensive legisla- tective equipment in addition to ad- the Department of Veterans Affairs. tion. It will go a long way toward pro- This measure is a direct outcome of dressing the medical aspects of diag- viding DoD and VA with a roadmap for an unprecedented joint hearing held on nosing and treating TBI and PTSD. improving the transition processes and April 12, 2007, by the Senate Armed We are also addressing the problem ensuring that seriously ill and injured Services and Veterans’ Affairs Com- that exists because medically retired servicemembers and veterans get the mittees during which we heard testi- service members, who are eligible for benefits and services they need and de- mony on the transition of servicemem- TRICARE as retirees, do not have ac- serve, the benefits and services these bers from DoD to VA. This measure cess to some of the cutting-edge treat- courageous men and women have will go a long way toward addressing ments that are available to members earned by their service. still on active duty. To address this the problems that first gained public I urge all of our colleagues to support shortfall, the act authorizes medically attention with the stories about Walter this proposed legislation. retired service members with disability Reed Army Medical Center and will ratings of 50 percent or higher to re- help achieve the goal of providing opti- Mr. MCCAIN. Mr. President, as rank- ceive the active duty medical benefit mal care and a truly seamless transi- ing member of the Senate Armed Serv- for 3 years after the member leaves ac- tion for the nation’s wounded warriors. ices Committee I am pleased to co- tive duty. I view issues relating to those sponsor the Dignified Treatment of We are also beginning to address the servicemembers who may be rendered Wounded Warriors Act, which would problem created when parents, siblings, unfit as a result of an illness or injury ensure that wounded and injured mem- and others who are not normally au- from two different perspectives, both bers of the Armed Forces receive the thorized to receive military health as chairman of the Veterans’ Affairs care and benefits that they deserve. care leave their homes to serve as care- Committee and as a member of the We were all surprised and deeply dis- givers to military personnel with se- Armed Services Committee. As I said appointed by the conditions at Walter vere injuries while the members are at the joint hearing, this is not solely Reed and the problems that our wound- undergoing extensive medical treat- a DoD or a VA problem. While DoD and ed warriors faced after their inpatient ment. In many cases, these family VA are separate organizations, they care was complete, living in sub- members leave their jobs and lose their both deal with the same servicemem- standard conditions at Building 18, job-related health care. Even though bers. A key element of this proposed being treated poorly, battling a Cold these family members are in a military legislation is the requirement that War-era disability evaluation process, hospital, they are not authorized to re- DoD and VA develop a comprehensive and for some, simply falling through ceive medical care from the doctors at policy for transitioning those with se- the cracks. that facility when they need it. To ad- rious illnesses or injuries from Active Since February of 2007, many encour- dress this, the act authorizes military Duty military status to veteran status. aging changes have been initiated by and VA health care providers to pro- As part of this effort, the two Depart- the Department of Defense. First and vide urgent and emergency medical ments will be required to conduct a foremost, Secretary Gates established care and counseling to family members comprehensive review of all regula- and enforced a culture of account- on invitational travel orders. tions, policies, and procedures that im- ability for the leadership failures that One of the significant shortfalls in pact these servicemembers and to iden- lead to the tragedy at Walter Reed. the smooth transition from military tify best practices when developing Medical facilities have now been in- health care to VA health care is the in- joint policy. If we are going to fix the spected by all three military depart- ability to share health records between problems identified at Walter Reed, ments, and improvements are under- the two Departments. Our bill will es- there must be uniform standards for way. Additional counselors and support tablish a Department of Defense and the transition process that are under- has been provided to families. On April Department of Veterans Affairs Inter- stood by all parties and that are con- 25, 2007, a new Warrior Transition Bri- agency Program Office to develop and sistently applied by the military serv- gade stood up at Walter Reed to man- implement a joint electronic health ices. age all the needs of wounded and ill record. I am delighted that the Dignified soldiers, both Active and Reserve. DOD The Dignified Treatment of Wounded Treatment of Wounded Warriors Act has begun to exert greater manage- Warriors Act is a comprehensive bill embraces the reforms to the DoD Dis- ment responsibility for the disability

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7645 evaluation systems of the military de- records and, if appropriate, restore to a make certain that our Nation’s vet- partments. We are on the right track wounded soldier a higher disability rat- erans get the care that they need, when to address the problems at Walter Reed ing or retired status. they need it. and at other hospitals. We need to en- The bill would also end the require- There is no more important responsi- sure that the effort is sustained. This ment that disabled service members bility than to act on our moral obliga- legislation will ensure that these ef- pay back severance pay if they obtain tion as a Nation to those who are will- forts continue. a higher disability rating from the VA, ing to give their blood for its freedom. The legislation requires that the Sec- and increase the amount of severance Let us continue to be guided by the retaries of Defense and Veterans Af- pay that separating members receive. words of President George Washington fairs work together to develop new pol- To address the need for fundamental in 1789, who said, ‘‘the willingness with icy to better manage the care and tran- change in the way that the DOD and which our young people are likely to sition of our wounded soldiers. This VA disability evaluation systems are serve in any war, no matter how justi- policy would address many of the con- structured, a belief shared by many of fied, shall be directly proportional as cerns that have been raised by wounded my colleagues, this legislation would to how they perceive the Veterans of soldiers and their families, conditions require the Secretary of Defense to im- earlier wars were treated and appre- while in a medical hold status, the mediately implement pilot projects to ciated by their country.’’ need to streamline and make more test new improvements to the dis- I hope that my colleagues will join transparent the medical and physical ability evaluation system. Such pilot Senator Levin and me in a bipartisan evaluation board processes, policies programs will help expedite implemen- effort to make a difference in the lives that facilitate the return to duty for tation of needed changes to the dis- of our service members who have given soldiers who are able, and a policy gov- ability evaluation system. so much in support of our Nation. erning the smooth transition of sepa- This legislation would also require the Secretary of Defense to establish rating service members from the De- By Mr. INOUYE (for himself and uniform standards for medical treat- partment of Defense to the Department Mr. STEVENS) (by request): of Veterans Affairs which focuses on ment facilities and medical residential housing facilities, and a DOD invest- S. 1609. A bill to provide the nec- the needs of patients. essary authority to the Secretary of This legislation would improve ment strategy to remedy all medical Commerce for the establishment and health care benefits to severely wound- facility deficiencies. It would also re- implementation of a regulatory system ed soldiers by extending their health quire the Secretary of Defense to study for offshore aquaculture in the United care benefits as if the member were on the feasibility of accelerated construc- States Exclusive Economic Zone, and active duty for a period of up to 5 tion of state-of-the art facilities and for other purposes; to the Committee years. This approach ensures that our consolidation of patient care services on Commerce, Science, and Transpor- most severely wounded have as many at the new National Medical Center at tation. health care options as possible, espe- Bethesda. As a condition for the clo- cially for treatment of traumatic brain sure of Walter Reed Army Medical Cen- Mr. INOUYE. Mr. President, I rise injury and other long term serious con- ter, it would require the Secretary of today to introduce, by request of the ditions. Defense to certify that health care administration, the National Offshore This legislation authorizes additional services would remain available in Aquaculture Act of 2007. I am joined by funding for traumatic brain injury and their totality until the new facility Senator STEVENS, the vice chairman of post-traumatic stress disorder and re- and staff are in place to effect a seam- the Senate Commerce, Science and quires the establishment of two centers less transfer of care. The current facili- Transportation Committee. This bill of excellence for the prevention, re- ties at Walter Reed have served the Na- would authorize the Secretary of Com- search and treatment on these con- tion well, but we can and must do bet- merce to establish and implement a sequences of war. This legislation ter. regulatory system for offshore aqua- would also require DOD to develop a This legislation is a start on the culture in the U.S. Exclusive Economic comprehensive plan for research, pre- journey to restore trust for America’s Zone. While Senator STEVENS and I un- vention and treatment of traumatic wounded and her veterans, but it is not derstand this is a top priority for the brain injury, which is long overdue in our final destination. It will take time administration, we continue to have addressing the so-called signature in- to understand fully the complexities of concerns with the administration’s bill jury of this war. the DOD and VA disability systems and as drafted, particularly with regard to The administration requested, and to reconcile them in the best interests the need for clearer safeguards for the this bill would provide, additional au- of our wounded veterans. environment and native fish stocks. thorities to the Department of Defense We must also look to the Department Therefore, we are also filing several to hire health care professionals to of Veterans Affairs to improve access amendments that would address these care for our service members and their to care for wounded veterans and im- concerns. The three amendments that I families. It would also require the De- provements in its handling of veterans am filing, and which Senator STEVENS partment of Defense and Department of claims for disabilities. We must ensure is cosponsoring, would strengthen re- Veterans Affairs to jointly develop an that the VA maintains a robust med- quirements to address potential envi- electronic health record that can easily ical infrastructure for quality health ronmental risks from offshore aqua- be shared between the two depart- care, teaching and research, but one culture, including to native species; re- ments. that also supports veterans beyond the quire a more comprehensive research With respect to disability determina- limits of bricks and mortar in commu- and development program for offshore tions for wounded warriors who leave nities throughout the nation. I am de- aquaculture; and ensure that offshore military service, this legislation would veloping legislation which would re- aquaculture permits could only be pro- require the Secretary of Defense to es- quire the Secretary of Veterans Affairs vided to citizens, residents, or business tablish a special review board to inde- to establish health care access stand- entities of the United States. Senator pendently review the findings and deci- ards for veterans with a service-con- STEVENS is also filing an amendment, sions of the Physical Evaluation nected disability throughout the VA which I am cosponsoring, that would Boards of the military departments health care delivery system, and, simi- prohibit offshore aquaculture of finfish since 2001, in cases in which the dis- lar to DOD’s TRICARE system, when in the Exclusive Economic Zone off the ability rates of 20 percent or less were services cannot be provided by the VA, coast of Alaska. I intend to introduce awarded and members were not medi- authorize that care to be purchased later this year a comprehensive bill cally retired. We must act, in light of from civilian providers. Civilian health that would address additional concerns data showing that some members, par- care specialists are eager to do their with the administration’s proposed leg- ticularly junior enlisted soldiers, may part for America’s veterans. Given the islation. have unfairly been denied medical re- strain on the veterans health system, I ask unanimous consent that the tirement. This legislation empowers and the limits to our resources, we text of this bill be printed in the the special board to correct military should give them that chance, and RECORD.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7646 CONGRESSIONAL RECORD — SENATE June 13, 2007 There being no objection, the text of (C) a line 3 geographical miles from the nomic and social activities, with similar ac- the bill was ordered to be printed in coastlines of American Samoa, the United tivities administered by other Federal agen- the RECORD, as follows: States Virgin Islands, and Guam; cies and coastal States; (D) for the Commonwealth of the Northern (C) consideration of the potential environ- S. 1609 Mariana Islands— mental, social, economic, and cultural im- Be it enacted by the Senate and House of Rep- (i) its coastline, until such time as the pacts of offshore aquaculture and inclusion, resentatives of the United States of America in Commonwealth of the Northern Mariana Is- where appropriate, of permit conditions to Congress assembled, lands is granted authority by the United address negative impacts; SECTION 1. SHORT TITLE. States to regulate all fishing to a line sea- (D) public notice and opportunity for pub- This Act may be cited as the ‘‘National ward of its coastline, and lic comment prior to issuance of offshore Offshore Aquaculture Act of 2007’’. (ii) upon the United States’ grant of such aquaculture permits; SEC. 2. FINDINGS. authority, the line established by such grant (E) procedures to monitor and evaluate The Congress finds the following: of authority; and compliance with the provisions of offshore (1) It is the policy of the United States— (E) for any possession of the United States aquaculture permits, including the collec- (A) to support an offshore aquaculture in- not described in subparagraph (B), (C), or tion of biological, chemical and physical dustry that will produce food and other valu- (D), the coastline of such possession. oceanographic data, and social, production, able products, protect wild stocks and the Nothing in this paragraph shall be construed and economic data; and quality of marine ecosystems, and be com- (F) procedures for transferring permits patible with other uses of the Exclusive Eco- as diminishing the authority of the Depart- ment of Defense, the Department of the Inte- from the original permit holder to a person nomic Zone; that— rior, or any other Federal department or (B) to encourage the development of envi- (i) meets the eligibility criteria in sub- agency. ronmentally responsible offshore aqua- section (b)(2)(A); and (4) LESSEE.—The term ‘‘lessee’’ means any culture by authorizing offshore aquaculture (ii) satisfies the requirements for bonds or party to a lease, right-of-use and easement, operations and research; other guarantees prescribed under subsection or right-of-way, or an approved assignment (C) to establish a permitting process for (c)(3). thereof, issued pursuant to the Outer Conti- offshore aquaculture that encourages private (2) The Secretary shall prepare an analysis nental Shelf Lands Act (43 U.S.C. 1331 et investment in aquaculture operations and re- under the National Environmental Policy seq.). search, provides opportunity for public com- Act of 1969 (42 U.S.C. 4321 et seq.) with re- (5) MARINE SPECIES.—The term ‘‘marine ment, and addresses the potential risks to spect to the process for issuing permits. species’’ means finfish, mollusks, crusta- and impacts (including cumulative impacts) (3) The Secretary shall periodically review on marine ecosystems, human health and ceans, marine algae, and all other forms of the procedures and criteria for issuance of safety, other ocean uses, and coastal commu- marine life other than marine mammals and offshore aquaculture permits and modify nities from offshore aquaculture; and birds. them as appropriate, in consultation as ap- (D) to promote, through public-private (6) OFFSHORE AQUACULTURE.—The term propriate with other Federal agencies, the partnerships, research and development in ‘‘offshore aquaculture’’ means all activities, coastal States, and regional fishery manage- marine aquaculture science, technology, and including the operation of offshore aqua- ment councils, based on the best available related social, economic, legal, and environ- culture facilities, involved in the propaga- science. mental management disciplines that will en- tion and rearing, or attempted propagation (4) The Secretary shall consult as appro- able marine aquaculture operations to and rearing, of marine species in the United priate with other Federal agencies and coast- achieve operational objectives while pro- States Exclusive Economic Zone. al States to identify the environmental re- tecting marine ecosystem quality. (7) OFFSHORE AQUACULTURE FACILITY.—The quirements that apply to offshore aqua- (2) Offshore aquaculture activities within term ‘‘offshore aquaculture facility’’ culture under existing laws and regulations. the Exclusive Economic Zone of the United means— The Secretary shall establish through rule- States constitute activities with respect to (A) an installation or structure used, in making, in consultation with appropriate which the United States has proclaimed sov- whole or in part, for offshore aquaculture; or Federal agencies, coastal States, and re- ereign rights and jurisdiction under Presi- (B) an area of the seabed or the subsoil gional fishery management councils estab- dential Proclamation 5030 of March 10, 1983. used for offshore aquaculture of living orga- lished under section 302 of the Magnuson- SEC. 3. DEFINITIONS. nisms belonging to sedentary species. Stevens Fishery Conservation and Manage- In this Act: (8) OFFSHORE AQUACULTURE PERMIT.—The ment Act (16 U.S.C. 1852), additional environ- (1) COASTAL STATE.—The term ‘‘coastal term ‘‘offshore aquaculture permit’’ means mental requirements to address environ- State’’ means— an authorization issued under section 4(b) to mental risks and impacts associated with (A) a State in, or bordering on, the Atlan- raise specified marine species in a specific offshore aquaculture, to the extent nec- tic, Pacific, or Arctic Ocean, the Gulf of offshore aquaculture facility within a speci- essary. The environmental requirements Mexico, or Long Island Sound; and fied area of the Exclusive Economic Zone. shall address, at a minimum— (B) Puerto Rico, the Virgin Islands, Guam, (9) PERSON.—The term ‘‘person’’ means any (A) risks to and impacts on natural fish the Commonwealth of the Northern Mariana individual (whether or not a citizen or na- stocks and fisheries, including safeguards Islands, the Trust Territories of the Pacific tional of the United States), any corpora- needed to conserve genetic resources, to pre- Islands, and American Samoa. tion, partnership, association, or other non- vent or minimize the transmission of disease (2) COASTLINE.—The term ‘‘coastline’’ governmental entity (whether or not orga- or parasites to wild stocks, and to prevent means the line of ordinary low water along nized or existing under the laws of any the escape of marine species that may cause that portion of the coast that is in direct State), and State, local or tribal government significant environmental harm; contact with the open sea and the line mark- or entity thereof, and, except as otherwise (B) risks to and impacts on marine eco- ing the seaward limit of inland waters. specified by the President in writing, the systems; biological, chemical and physical (3) EXCLUSIVE ECONOMIC ZONE.—The term Federal Government or an entity thereof, features of water quality and habitat; ma- ‘‘Exclusive Economic Zone’’ means, unless and, to the extent specified by the President rine species, marine mammals and birds; otherwise specified by the President in the in writing, a foreign government, or an enti- (C) cumulative effects of the aquaculture public interest in a writing published in the ty thereof. operation and other aquaculture operations Federal Register, a zone, the outer boundary (10) SECRETARY.—The term ‘‘Secretary’’ in the vicinity of the proposed site; of which is 200 nautical miles from the base- means the Secretary of Commerce. (D) environmental monitoring, data line from which the breadth of the territorial SEC. 4. OFFSHORE AQUACULTURE PERMITS. archiving, and reporting by the permit hold- sea is measured, except as established by a (a) IN GENERAL.— er; maritime boundary treaty in force, or being (1) The Secretary shall establish, through (E) requirements that marine species prop- provisionally applied by the United States rulemaking, in consultation as appropriate agated and reared through offshore aqua- or, in the absence of such a treaty where the with other relevant Federal agencies, coastal culture be species native to the geographic distance between the United States and an- States, and regional fishery management region unless a scientific risk analysis shows other nation is less than 400 nautical miles, councils established under section 302 of the that the risk of harm to the marine environ- a line equidistant between the United States Magnuson-Stevens Fishery Conservation and ment from the offshore culture of non-indig- and the other nation. Without affecting any Management Act (16 U.S.C. 1852), a process enous or genetically modified marine species Presidential Proclamation with regard to to make areas of the Exclusive Economic is negligible or can be effectively mitigated; the establishment of the United States terri- Zone available to eligible persons for the de- and torial sea or Exclusive Economic Zone, the velopment and operation of offshore aqua- (F) maintaining record systems to track inner boundary of that zone is— culture facilities. The process shall include— inventory and movement of fish or other ma- (A) a line coterminous with the seaward (A) procedures and criteria necessary to rine species in the offshore aquaculture facil- boundary (as defined in section 4 of the issue and modify permits under this Act; ity or harvested from such facility, and, if Outer Continental Shelf Lands Act (43 U.S.C. (B) procedures to coordinate the offshore necessary, tagging, marking, or otherwise 1312)) of each of the several coastal States,; aquaculture permitting process, and related identifying fish or other marine species in (B) a line 3 marine leagues from the coast- siting, operations, environmental protection, the offshore aquaculture facility or har- line of the Commonwealth of Puerto Rico; monitoring, enforcement, research, and eco- vested from such facility.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7647 (5) The Secretary, in cooperation with upon which an offshore aquaculture facility culture facilities, and, where appropriate, other Federal agencies, shall— is located. shall request that the Secretary of the de- (A) collect information needed to evaluate (D) At the expiration or termination of an partment in which the Coast Guard is oper- the suitability of sites for offshore aqua- offshore aquaculture permit for any reason, ating establish navigational safety zones culture; and the permit holder shall remove all struc- around such facilities. In addition, in the (B) monitor the effects of offshore aqua- tures, gear, and other property from the site, case of any offshore aquaculture facility de- culture on marine ecosystems and imple- and take other measures to restore the site scribed in subsection (e)(1), the Secretary of ment such measures as may be necessary to as may be prescribed by the Secretary. the department in which the Coast Guard is protect the environment, including tem- (E) The Secretary may revoke a permit for operating shall consult with the Secretary of porary or permanent relocation of offshore failure to begin offshore aquaculture oper- the Interior before designating such a zone. aquaculture sites, a moratorium on addi- ations within a reasonable period of time, or (6) After consultation with the Secretary, tional sites within a prescribed area, and prolonged interruption of offshore aqua- the Secretary of State, and the Secretary of other appropriate measures as determined by culture operations. Defense, the Secretary of the department in the Secretary. (3) NATIONAL INTEREST DETERMINATION.—If which the Coast Guard is operating may des- (b) PERMITS.—Subject to the provisions of the Secretary determines that issuance of a ignate a zone of appropriate size around and subsection (e), the Secretary may issue off- permit is not in the national interest, the including any offshore aquaculture facility shore aquaculture permits under such terms Secretary may decline to issue such a permit for the purpose of navigational safety. In and conditions as the Secretary shall pre- or may impose such conditions as necessary such a zone, no installations, structures, or scribe. Permits issued under this Act shall to address such concerns. uses will be allowed that are incompatible authorize the permit holder to conduct off- (c) FEES AND OTHER PAYMENTS.— with the operation of the offshore aqua- shore aquaculture consistent with the provi- (1) The Secretary may establish, through culture facility. The Secretary of the depart- sions of this Act, regulations issued under regulations, application fees and annual per- ment in which the Coast Guard is operating this Act, any specific terms, conditions and mit fees. Such fees shall be deposited as off- may define, by rulemaking, activities that restrictions applied to the permit by the Sec- setting collections in the Operations, Re- are allowed within such a zone. retary, and other applicable law. search, and Facilities account. Fees may be (7)(A) Subject to subparagraph (B), if the (1) PROCEDURE FOR ISSUANCE OF PERMITS.— collected and made available only to the ex- Secretary, after consultation with Federal (A) An applicant for an offshore aqua- tent provided in advance in appropriation agencies as appropriate and after affording culture permit shall submit an application Acts. the permit holder notice and an opportunity to the Secretary specifying the proposed lo- (2) The Secretary may reduce or waive ap- to be heard, determines that suspension, cation and type of operation, the marine spe- plicable fees or other payments established modification, or revocation of a permit is in cies to be propagated or reared, or both, at under this section for facilities used pri- the national interest, the Secretary may sus- the offshore aquaculture facility, and other marily for research. pend, modify, or revoke such permit. design, construction, and operational infor- (3) The Secretary shall require the permit (B) If the Secretary determines that an mation, as specified by regulation. holder to post a bond or other form of finan- emergency exists that poses a risk to the (B) Within 120 days after determining that cial guarantee, in an amount to be deter- safety of humans, to the marine environ- a permit application is complete and has sat- mined by the Secretary as sufficient to cover ment, to marine species, or to the security of isfied all applicable statutory and regulatory any unpaid fees, the cost of removing an off- the United States and that requires suspen- requirements, as specified by regulation, the shore aquaculture facility at the expiration sion, modification, or revocation of a permit, Secretary shall issue or deny the permit. If or termination of an offshore aquaculture the Secretary may suspend, modify, or re- the Secretary is unable to issue or deny a permit, and other financial risks as identi- voke the permit for such time as the Sec- permit within this time period, the Sec- fied by the Secretary. retary may determine necessary to meet the retary shall provide written notice to the ap- (d) COMPATIBILITY WITH OTHER USES.— emergency. The Secretary shall afford the plicant indicating the reasons for the delay (1) The Secretary shall consult as appro- permit holder a prompt post-suspension or and establishing a reasonable timeline for priate with other Federal agencies, coastal post-modification opportunity to be heard issuing or denying the permit. States, and regional fishery management regarding the suspension, modification, or (2) PERMIT CONDITIONS.— councils to ensure that offshore aquaculture revocation. (A) An offshore aquaculture permit holder for which a permit is issued under this sec- (8) Permits issued under this Act do not su- shall— tion is compatible with the use of the Exclu- persede or substitute for any other author- (i) be a resident of the United States; sive Economic Zone for navigation, fishing, ization required under applicable Federal or (ii) be a corporation, partnership, or other resource protection, recreation, national de- State law or regulation. entity organized and existing under the laws fense (including military readiness), mineral (e) ACTIONS AFFECTING THE OUTER CONTI- of a State or the United States; or exploration and development, and other ac- NENTAL SHELF.— (iii) if the holder does not meet the re- tivities. (1) CONCURRENCE OF SECRETARY OF INTERIOR quirements of clause (i) or (ii), to the extent (2) The Secretary shall not authorize per- REQUIRED.—The Secretary shall obtain the required by the Secretary by regulation after mits for new offshore aquaculture facilities concurrence of the Secretary of the Interior coordination with the Secretary of State, within 12 miles of the coastline of a coastal for permits for offshore aquaculture facili- waive any immunity, and consent to the ju- State if that coastal State has submitted a ties located— risdiction of the United States and its written notice to the Secretary that the (A) on leases, right-of-use and easements, courts, for matters arising in relation to coastal State opposes such activities. This or rights of way authorized or permitted such permit, and appoint and maintain paragraph does not apply to permit applica- under the Outer Continental Shelf Lands Act agents within the United States who are au- tions received by the Secretary prior to the (43 U.S.C. 1331 et seq.), or thorized to receive and respond to any legal date the notice is received from a coastal (B) within 1 mile of any other facility per- process issued in the United States with re- State. A coastal State that transmits such a mitted or for which a plan has been approved spect to such permit holder. notice to the Secretary may revoke that no- under that Act. (B) Subject to the provisions of subsection tice in writing at any time. (2) PRIOR CONSENT REQUIRED.— Offshore (e), the Secretary shall establish the terms, (3) Federal agencies implementing this aquaculture may not be located on facilities conditions, and restrictions that apply to Act, persons subject to this Act, and coastal described in paragraph (1)(A) without the offshore aquaculture permits, and shall States seeking to review permit applications prior consent of the lessee, its designated op- specify in the permits the duration, size, and under this Act shall comply with the appli- erator, and the owner of the facility. location of the offshore aquaculture facility. cable provisions of the Coastal Zone Manage- (3) REVIEW FOR LEASE, ETC., COMPLIANCE.— (C) Except for projects involving pilot- ment Act of 1972 (16 U.S.C. 1451 et seq.) and The Secretary of the Interior shall review scale testing or farm-scale research on aqua- regulations promulgated thereunder. and approve any agreement between a lessee, culture science and technologies and off- (4) Notwithstanding the definition of the designated operator, and owner of a facility shore aquaculture permits requiring concur- term ‘‘fishing’’ in section 3(16) of the Magnu- described in paragraph (1) and a prospective rence of the Secretary of the Interior under son-Stevens Fishery Conservation and Man- aquaculture operator to ensure that it is subsection (e)(1), the permit shall have a du- agement Act (16 U.S.C. 1802(16)), the conduct consistent with the Federal lease terms, De- ration of 20 years, renewable thereafter at of offshore aquaculture in accordance with partment of the Interior regulations, and the the discretion of the Secretary in up to 20- permits issued under this Act shall not be Secretary of the Interior’s role in the protec- year increments. The duration of permits re- considered ‘‘fishing’’ for purposes of that tion of the marine environment, property, or quiring concurrence of the Secretary of the Act. The Secretary shall ensure, to the ex- human life or health. An agreement under Interior under subsection (e)(1) shall be de- tent practicable, that offshore aquaculture this subsection shall be part of the informa- veloped in consultation as appropriate with does not interfere with conservation and tion reviewed pursuant to the Coastal Zone the Secretary of the Interior, except that management measures promulgated under Management Act review process described in any such permit shall expire no later than the Magnuson-Stevens Fishery Conservation paragraph (4) and shall not be subject to a the date that the lessee, or the lessee’s oper- and Management Act. separate Coastal Zone Management Act re- ator, submits to the Secretary of the Inte- (5) The Secretary may promulgate regula- view. rior a final application for the decommis- tions that the Secretary finds to be reason- (4) COORDINATED COASTAL ZONE MANAGE- sioning and removal of an existing facility able and necessary to protect offshore aqua- MENT ACT REVIEW.—

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7648 CONGRESSIONAL RECORD — SENATE June 13, 2007

(A) If the applicant for an offshore aqua- retary of the Interior deems necessary to en- (e) RESERVATION OF AUTHORITY.—Nothing culture facility that will utilize a facility de- sure safe operations on the facility to pro- in this Act shall be construed to displace, su- scribed in paragraph (1) is required to submit tect the marine environment, property, or persede, or limit the jurisdiction, respon- to a coastal State a consistency certification human life or health. Failure to comply with sibilities, or rights of any Federal or State for its aquaculture application under section the Secretary of the Interior’s orders will be agency, or Indian Tribe or Alaska Native or- 307(c)(3)(A) of the Coastal Zone Management deemed to constitute a violation of the Outer ganization, under any Federal law or treaty. Act (16 U.S.C. 1456(c)(3)(A)), the coastal Continental Shelf Lands Act; and (f) APPLICATION OF LAWS TO FACILITIES IN State’s review under the Coastal Zone Man- (D) enforce all requirements contained in THE EEZ.—The Constitution, laws, and trea- agement Act and corresponding Federal reg- such regulations, lease terms and conditions ties of the United States shall apply to an ulations shall also include any modification and orders pursuant to the Outer Conti- offshore aquaculture facility located in the to a lessee’s approved plan or other docu- nental Shelf Lands Act. Exclusive Economic Zone for which a permit has been issued or is required under this Act ment for which a consistency certification SEC. 5. RESEARCH AND DEVELOPMENT. would otherwise be required under applicable and to activities in the Exclusive Economic (a) IN GENERAL.— In consultation as appro- Zone connected, associated, or potentially Federal regulations, including changes to its priate with other Federal agencies, the Sec- plan for decommissioning any facilities, re- interfering with the use or operation of such retary may establish and conduct an inte- facility, in the same manner as if such facil- sulting from or necessary for the issuance of grated, multidisciplinary, scientific research the offshore aquaculture permit, if informa- ity were an area of exclusive Federal juris- and development program to further marine diction located within a State. Nothing in tion related to such modifications or changes aquaculture technologies that are compat- is received by the coastal State at the time this Act shall be construed to relieve, ex- ible with the protection of marine eco- empt, or immunize any person from any the coastal State receives the offshore aqua- systems. culture permit applicant’s consistency cer- other requirement imposed by an applicable (b) PARTNERSHIPS.—The Secretary may Federal law, regulation, or treaty. Nothing tification. If the information related to such conduct research and development in part- modifications or changes is received by the in this Act shall be construed to confer citi- nership with offshore aquaculture permit zenship to a person by birth or through natu- coastal State at the time the coastal State holders. receives the offshore aquaculture permit ap- ralization or to entitle a person to avail him- (c) REDUCTION OF WILD FISH AS FOOD.—The self of any law pertaining to immigration, plicant’s consistency certification, a lessee Secretary, in collaboration with the Sec- is not required to submit a separate consist- naturalization, or nationality. retary of Agriculture, shall conduct research (g) APPLICATION OF CERTAIN STATE LAWS.— ency certification for any such modification to reduce the use of wild fish in aquaculture The law of the nearest adjacent coastal or change under section 307(c)(3)(B) of the feeds, including the substitution of seafood State, now in effect or hereafter adopted, Coastal Zone Management Act (16 U.S.C. processing wastes, cultured marine algae, amended, or repealed, is declared to be the 1456(c)(3)(B)) and the coastal State’s concur- and microbial sources of nutrients important law of the United States, and shall apply to rence or objection, or presumed concurrence, for human health and nutrition, agricultural any offshore aquaculture facility for which a under section 307(c)(3)(A) of that Act (16 crops, and other products. permit has been issued pursuant to this Act, U.S.C. 1456(c)(3)(A)) in a consistency deter- SEC. 6. ADMINISTRATION. to the extent applicable and not inconsistent mination for the offshore aquaculture per- with any provision or regulation under this mit, shall apply to both the offshore aqua- (a) IN GENERAL.—The Secretary shall pro- mulgate such regulations as are necessary Act or other Federal laws and regulations culture permit and to any related modifica- now in effect or hereafter adopted, amended, tions or changes to a lessee’s plan approved and appropriate to carry out the provisions of this Act. The Secretary may at any time or repealed. All such applicable laws shall be under the Outer Continental Shelf Lands administered and enforced by the appro- amend such regulations, and such regula- Act. priate officers and courts of the United tions shall, as of their effective date, apply (B) If a coastal State is not authorized by States. For purposes of this subsection, the to all operations conducted pursuant to per- section 307(c)(3)(A) of the Coastal Zone Man- nearest adjacent coastal State shall be that mits issued under this Act, regardless of the agement Act (16 U.S.C. 1456(c)(3)(A)) and cor- State whose seaward boundaries, if extended responding Federal regulations to review an date of the issuance of such permit. beyond 3 nautical miles, would encompass offshore aquaculture application submitted (b) CONTRACT, ETC., AUTHORITY.—The Sec- the site of the offshore aquaculture facility. under this Act, then any modifications or retary may enter into and perform such con- State taxation laws shall not apply to off- changes to a lessee’s approved plan or other tracts, leases, grants, or cooperative agree- shore aquaculture facilities in the Exclusive document requiring approval from the De- ments as may be necessary to carry out the Economic Zone. purposes of this Act and on such terms as the partment of the Interior, shall be subject to SEC. 7. AUTHORIZATION OF APPROPRIATIONS. coastal State review pursuant to the require- Administrator of the National Oceanic and There are authorized to be appropriated to ments of section 307(c)(3)(B) of the Coastal Atmospheric Administration deems appro- the Secretary $4,052,000 in fiscal year 2008 Zone Management Act (16 U.S.C. priate. and thereafter such sums as may be nec- 1456(c)(3)(B)), if a consistency certification (c) USE OF CONTRIBUTED GOVERNMENTAL essary for purposes of carrying out the provi- for those modifications or changes is re- RESOURCES.— For purposes related to the en- sions of this Act. quired under applicable Federal regulations. forcement of this Act, the Secretary may SEC. 8. UNLAWFUL ACTIVITIES. (5) JOINT AND SEVERAL LIABILITY.—For off- use, with their consent and with or without It is unlawful for any person— shore aquaculture located on facilities de- reimbursement, the land, services, equip- (1) to falsify any information required to scribed in paragraph (1), the aquaculture per- ment, personnel, and facilities of any depart- be reported, communicated, or recorded pur- mit holder and all parties that are or were ment, agency or instrumentality of the suant to this Act or any regulation or permit lessees of the lease on which the facilities United States, or of any State, local govern- issued under this Act, or to fail to submit in are located during the term of the offshore ment, Indian tribal government, Territory or a timely fashion any required information, aquaculture permit shall be jointly and sev- possession, or of any political subdivision or to fail to report to the Secretary imme- erally liable for the removal of any construc- thereof, or of any foreign government or diately any change in circumstances that tion or modifications related to aquaculture international organization. has the effect of rendering any such informa- operations if the aquaculture permit holder (d) AUTHORITY TO UTILIZE GRANT FUNDS.— tion false, incomplete, or misleading; fails to do so and bonds established under (1) Except as provided in paragraph (2), the (2) to engage in offshore aquaculture with- this Act for aquaculture operations prove in- Secretary may apply for, accept, and obli- in the Exclusive Economic Zone of the sufficient to cover those obligations. This gate research grant funding from any Fed- United States or operate an offshore aqua- paragraph does not affect obligations to de- eral source operating competitive grant pro- culture facility within the Exclusive Eco- commission facilities under the Outer Conti- grams where such funding furthers the pur- nomic Zone of the United States, except pur- nental Shelf Lands Act. pose of this Act. suant to a valid permit issued under this (6) ADDITIONAL AUTHORITY.—For aqua- (2) The Secretary may not apply for, ac- Act; culture projects or operations described in cept, or obligate any grant funding under (3) to refuse to permit an authorized officer paragraph (1), the Secretary of the Interior paragraph (1) for which the granting agency to conduct any lawful search or lawful in- may— lacks authority to grant funds to Federal spection in connection with the enforcement (A) promulgate such rules and regulations agencies, or for any purpose or subject to of this Act or any regulation or permit as are necessary and appropriate to carry conditions that are prohibited by law or reg- issued under this Act; out the provisions of this subsection; ulation. (4) to forcibly assault, resist, oppose, im- (B) require and enforce such additional (3) Appropriated funds may be used to sat- pede, intimidate, or interfere with an au- terms or conditions as the Secretary of the isfy a requirement to match grant funds thorized officer in the conduct of any search Interior deems necessary to protect the ma- with recipient agency funds, except that no or inspection in connection with the enforce- rine environment, property, or human life or grant may be accepted that requires a com- ment of this Act or any regulation or permit health to ensure the compatibility of aqua- mitment in advance of appropriations. issued under this Act; culture operations with all activities for (4) Funds received from grants shall be de- (5) to resist a lawful arrest or detention for which permits have been issued under the posited in the National Oceanic and Atmos- any act prohibited by this section; Outer Continental Shelf Lands Act; pheric Administration account that serves to (6) to interfere with, delay, or prevent, by (C) issue orders to the offshore aquaculture accomplish the purpose for which the grant any means, the apprehension, arrest, or de- permit holder to take any action the Sec- was awarded. tection of another person, knowing that such

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7649 person has committed any act prohibited by issued under this Act, shall be liable for the tions, and such other matters as justice may this section; cost incurred in storage, care, and mainte- require. (7) to import, export, sell, receive, acquire nance of any marine species or other prop- (3) Transfer of ownership of an offshore or purchase in interstate or foreign com- erty seized in connection with the violation. aquaculture facility, by sale or otherwise, merce any marine species in violation of this SEC. 10. CIVIL ENFORCEMENT AND PERMIT shall not extinguish any permit sanction Act or any regulation or permit issued under SANCTIONS. that is in effect or is pending at the time of this Act; (a) CIVIL ADMINISTRATIVE PENALTIES.— transfer of ownership. Before executing the (8) upon the expiration or termination of (1) Any person who is found by the Sec- transfer of ownership of an offshore aqua- any aquaculture permit for any reason, to retary, after notice and opportunity for a culture facility, by sale or otherwise, the fail to remove all structures, gear, and other hearing in accordance with section 554 of owner shall disclose in writing to the pro- property from the site, or take other meas- title 5, United States Code, to have violated spective transferee the existence of any per- ures, as prescribed by the Secretary, to re- this Act, or a regulation or permit issued mit sanction that will be in effect or pending store the site; under this Act, shall be liable to the United with respect to the offshore aquaculture fa- (9) to violate any provision of this Act, any States for a civil penalty. The amount of the cility at the time of the transfer. The Sec- regulation promulgated under this Act, or civil penalty under this paragraph shall not retary may waive or compromise a sanction any term or condition of any permit issued exceed $200,000 for each violation. Each day in the case of a transfer pursuant to court under this Act; or of a continuing violation shall constitute a order. (10) to attempt to commit any act de- separate violation. (4) In the case of any permit that is sus- scribed in paragraph (1), (2), (7), (8) or (9). (2) COMPROMISE OR OTHER ACTION BY THE pended under this subsection for non- SEC. 9. ENFORCEMENT PROVISIONS. SECRETARY.—The Secretary may com- payment of a civil penalty or criminal fine, (a) DUTIES OF SECRETARIES.—Subject to promise, modify, or remit, with or without the Secretary shall reinstate the permit subparagraphs (B) and (D) of section 4(e)(6), conditions, any civil administrative penalty upon payment of the penalty or fine and in- this Act shall be enforced by the Secretary which is or may be imposed under this sec- terest thereon at the prevailing rate. and the Secretary of the department in tion and that has not been referred to the (5) No sanctions shall be imposed under which the Coast Guard is operating. Attorney General for further enforcement this subsection unless there has been prior (b) POWERS OF ENFORCEMENT.— action. opportunity for a hearing on the facts under- (1) Any officer who is authorized pursuant (b) CIVIL JUDICIAL PENALTIES.—Any person lying the violation for which the sanction is to subsection (a) of this section by the Sec- who violates any provision of this Act, or imposed, either in conjunction with a civil retary or the Secretary of the department in any regulation or permit issued thereunder, penalty proceeding under this section or oth- which the Coast Guard is operating to en- shall be subject to a civil penalty not to ex- erwise. force the provisions of this Act may— ceed $250,000 for each such violation. Each (d) INJUNCTIVE RELIEF.—Upon the request (A) with or without a warrant or other day of a continuing violation shall con- of the Secretary, the Attorney General of process— stitute a separate violation. The Attorney the United States may commence a civil ac- (i) arrest any person, if the officer has rea- General, upon the request of the Secretary, tion for appropriate relief, including a per- sonable cause to believe that such person has may commence a civil action in an appro- manent or temporary injunction, for any committed or is committing an act prohib- priate district court of the United States, violation of any provision of this Act, or reg- ited by section 8 of this Act; and such court shall have jurisdiction to ulation or permit issued under this Act. (e) HEARING.—For the purposes of con- (ii) search or inspect any offshore aqua- award civil penalties and such other relief as ducting any investigation or hearing under culture facility and any related land-based justice may require. In determining the this section or any other statute adminis- amount of a civil penalty, the court shall facility; tered by the National Oceanic and Atmos- take into account the nature, circumstances, (iii) seize any offshore aquaculture facility pheric Administration which is determined (together with its equipment, records, fur- extent, and gravity of the prohibited acts on the record in accordance with the proce- niture, appurtenances, stores, and cargo), committed and, with respect to the violator, dures provided for under section 554 of title and any vessel or vehicle, used or employed the degree of culpability, any history of 5, United States Code, the Secretary may in aid of, or with respect to which it reason- prior violations and such other matters as issue subpoenas for the attendance and testi- ably appears that such offshore aquaculture justice may require. In imposing such pen- mony of witnesses and the production of rel- facility was used or employed in aid of, the alty, the district court may also consider in- evant papers, books, and documents, and violation of any provision of this Act or any formation related to the ability of the viola- may administer oaths. Witnesses summoned regulation or permit issued under this Act; tor to pay. shall be paid the same fees and mileage that (iv) seize any marine species (wherever (c) PERMIT SANCTIONS.— are paid to witnesses in the courts of the found) retained, in any manner, in connec- (1) In any case in which— United States. In case of contempt or refusal tion with or as a result of the commission of (A) an offshore aquaculture facility has to obey a subpoena served upon any person any act prohibited by section 8 of this Act; been used in the commission of an act pro- pursuant to this subsection, the district (v) seize any evidence related to any viola- hibited under section 8 of this Act; court of the United States for any district in tion of any provision of this Act or any regu- (B) the owner or operator of an offshore which such person is found, resides, or trans- lation or permit issued under this Act; aquaculture facility or any other person who acts business, upon application by the (B) execute any warrant or other process has been issued or has applied for a permit United States and after notice to such per- issued by any court of competent jurisdic- under section 4 of this Act has acted in viola- son, shall have jurisdiction to issue an order tion; and tion of section 8 of this Act; or requiring such person to appear and give tes- (C) exercise any other lawful authority. (C) any amount in settlement of a civil for- timony before the Secretary or to appear and (2) Any officer who is authorized pursuant feiture imposed on an offshore aquaculture produce documents before the Secretary, or to subsection (a) of this section by the Sec- facility or other property, or any civil pen- both, and any failure to obey such order of retary or the Secretary of the department in alty or criminal fine imposed under this Act the court may be punished by such court as which the Coast Guard is operating to en- or imposed on any other person who has been a contempt thereof. Nothing in this Act shall force the provisions of this Act may make an issued or has applied for a permit under any be construed to grant jurisdiction to a dis- arrest without a warrant for (A) an offense fishery resource statute enforced by the Sec- trict court to entertain an application for an against the United States committed in his retary, has not been paid and is overdue, the order to enforce a subpoena issued by the presence, or (B) for a felony cognizable under Secretary may— Secretary of Commerce to the Federal Gov- the laws of the United States, if he has rea- (i) revoke any permit issued with respect ernment or any entity thereof. sonable grounds to believe that the person to to such offshore aquaculture facility or ap- (f) JURISDICTION.—The United States dis- be arrested has committed or is committing plied for by such a person under this Act, trict courts shall have original jurisdiction a felony. Any such authorized person may with or without prejudice to the issuance of of any action under this section arising out execute and serve a subpoena, arrest warrant subsequent permits; of or in connection with the construction or or search warrant issued in accordance with (ii) suspend such permit for a period of operation of aquaculture facilities, and pro- Rule 41 of the Federal Rules of Criminal Pro- time considered by the Secretary to be ap- ceedings with respect to any such action cedure, or other warrant of civil or criminal propriate; may be instituted in the judicial district in process issued by any officer or court of com- (iii) deny such permit; or which any defendant resides or may be petent jurisdiction for enforcement of the (iv) impose additional conditions and re- found, or in the judicial district of the adja- Act, or any regulation or permit issued strictions on such permit. cent coastal State nearest the place where under this Act. (2) In imposing a sanction under this sub- the cause of action arose. For the purpose of (c) ISSUANCE OF CITATIONS.—If any author- section, the Secretary shall take into ac- this section, American Samoa shall be in- ized officer finds that a person is engaging in count— cluded within the judicial district of the Dis- or has engaged in offshore aquaculture in (A) the nature, circumstances, extent, and trict Court of the United States for the Dis- violation of any provision of this Act, such gravity of the prohibited acts for which the trict of Hawaii. Each violation shall be a sep- officer may issue a citation to that person. sanction is imposed; and arate offense and the offense shall be deemed (d) LIABILITY FOR COSTS.—Any person who (B) with respect to the violator, the degree to have been committed not only in the dis- violates this Act, or a regulation or permit of culpability, any history of prior viola- trict where the violation first occurred, but

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7650 CONGRESSIONAL RECORD — SENATE June 13, 2007 also in any other district as authorized by including, without limitation, any marine this subsection, the court may award costs law. species (or the fair market value thereof) of litigation (including reasonable attorney (g) COLLECTION.—If any person fails to pay taken or retained in connection with or as a and expert witness fees) to any prevailing an assessment of a civil penalty after it has result of the offense; and party whenever it determines that such become a final and unappealable order, or (2) any property, real or personal, used or award is appropriate. after the appropriate court has entered final intended to be used to commit or to facili- judgment in favor of the Secretary, the mat- tate the commission of the offense, includ- By Mr. WYDEN (for himself and ter may be referred to the Attorney General, ing, without limitation, any offshore aqua- Mr. CHAMBLISS): who may recover the amount (plus interest culture facility or vessel, including its struc- at currently prevailing rates from the date ture, equipment, furniture, appurtenances, S. 1613. A bill to require the Director of the final order). In such action the valid- stores, and cargo, and any vehicle or air- of National Intelligence to submit to ity, amount and appropriateness of the final craft. Congress an unclassified report on en- order imposing the civil penalty shall not be Pursuant to section 2461(c) of title 28, United ergy security and for other purposes; to subject to review. Any person who fails to States Code, the provisions of section 413 of the Select Committee on Intelligence. pay, on a timely basis, the amount of an as- the Controlled Substances Act (21 U.S.C. Mr. WYDEN. Mr. President, today sessment of a civil penalty shall be required 853), other than subsection (d), shall apply to to pay, in addition to such amount and inter- criminal forfeitures under this section. Senator CHAMBLISS and I are intro- est, attorney’s fees and costs for collection (b) CIVIL FORFEITURE.—The following shall ducing legislation that could have a proceedings and a quarterly nonpayment be subject to forfeiture to the United States far-reaching impact on the national se- penalty for each quarter during which such and no property right shall exist in them: curity of the United States. As every failure to pay persists. Such nonpayment (1) Any property, real or personal, consti- American knows, one of the most im- penalty shall be in an amount equal to 20 tuting or traceable to the gross proceeds ob- portant elements of our national secu- percent of the aggregate amount of such per- tained, or retained, as a result of a violation rity infrastructure is the collection of sons penalties and nonpayment penalties of any provision of section 8 or section which are unpaid as of the beginning of such 4(b)(2)(D) of this Act, including, without lim- agencies that make up our national in- quarter. itation, any marine species (or the fair mar- telligence community. But when most (h) NATIONWIDE SERVICE OF PROCESS.—In ket value thereof) taken or retained in con- Americans think about the CIA, the any action by the United States under this nection with or as a result of the violation. FBI, or the NSA, they tend to think of Act, process may be served in any district (2) Any property, real or personal, used or agencies that are focused on a small where the defendant is found, resides, trans- intended to be used to commit or to facili- handful of James Bond-style issues, acts business or has appointed an agent for tate the commission of any such violation, such as missile stockpiles, new weap- the service of process, and for civil cases including, without limitation, any offshore ons technologies, and coups in foreign may also be served in a place not within the aquaculture facility or vessel, including its United States in accordance with Rule 4 of structure, equipment, furniture, appur- lands. These issues are still important, the Federal Rules of Civil Procedure. tenances, stores, and cargo, and any vehicle but in the modem world it is essential SEC. 11. CRIMINAL OFFENSES. or aircraft. to recognize that protecting national (a) IN GENERAL.—Any person (other than a Civil forfeitures under this section shall be security is a lot more complicated than foreign government or any entity of such governed by the procedures set forth in chap- it was during the Cold War, and there government) who knowingly commits an act ter 46 of title 18, United States Code. are many other issues that require at- prohibited by subsection (c), (d), (e), or (f) of (c) REBUTTABLE PRESUMPTION.—In any tention and action. section 8, shall be imprisoned for not more criminal or civil forfeiture proceeding under than 5 years or shall be fined not more than this section, there is a rebuttable presump- Thankfully, the men and women of $500,000 for individuals or $1,000,000 for an or- tion that all marine species found within an the intelligence community already ganization, or both; except that if in the offshore aquaculture facility and seized in recognize this crucial fact, and are commission of any such offense the indi- connection with a violation of section 8 of working hard to address the wide vari- vidual uses a dangerous weapon, engages in this Act were taken or retained in violation ety of threats and challenges that face conduct that causes bodily injury to any of- of this Act. America in the 21st century. Unfortu- ficer authorized to enforce the provisions of SEC. 13. SEVERABILITY AND JUDICIAL REVIEW. nately, many policymakers still think this Act, or places any such officer in fear of (a) SEVERABILITY.—If any provision of this imminent bodily injury, the maximum term of intelligence in 20th century terms, chapter or the application thereof to any and as a result many of our national of imprisonment is not more than 10 years. person or circumstances is held invalid, the (b) OTHER OFFENSES.—Any person (other validity of the remainder of this chapter and intelligence capabilities are underused than a foreign government or any entity of of the application of such provision to other and underappreciated. such government) who knowingly violates persons and circumstances shall not be af- The best example of this is unques- any provision of section 8 other than sub- fected thereby. tionably in the field of energy security. section (c), (d), (e) or (f), any provision of any (b) JUDICIAL REVIEW.— regulation promulgated pursuant to this American dependence on foreign oil (1) IN GENERAL.—Judicial review of any ac- has made our Nation less safe. Oil reve- Act, or any permit issued under this Act, tion taken by the Secretary under this chap- shall be imprisoned for not more than 5 ter shall be in accordance with sections 701 nues have provided income for dan- years, or shall be fined not more than through 706 of title 5, United States Code, ex- gerous rogue states, they have sparked $500,000 for an individual or $1,000,000 for an cept that— bloody civil wars, and they have even organization, or both. (A) review of any final agency action of the provided funding for terrorism. In a (c) JURISDICTION OF DISTRICT COURTS.—The Secretary taken pursuant to subsection (a) sickening phenomenon that I call the United States district courts shall have or (c) of section 11 may be had only by the terror tax, every time that Americans original jurisdiction of any action arising filing of a complaint by an interested person under this section out of or in connection drive their cars down to the gas station in the United States District Court for the and fill up at the pump, the reality is with the construction or operation of aqua- appropriate district; any such complaint culture facilities, and proceedings with re- must be filed within 30 days of the date such that a portion of that money is then spect to any such action may be instituted final agency action is taken; and turned over to foreign governments in the judicial district in which any defend- (B) review of all other final agency actions that ‘‘backdoor’’ it over to Islamist ex- ant resides or may be found. For the purpose of the Secretary under this chapter may be tremists, who use that money to per- of this section, American Samoa shall be in- had only by the filing of a petition for review petuate terrorism and hate. As the cluded within the judicial district of the Dis- by an interested person in the Circuit Court GAO has pointed out, while talking trict Court of the United States for the Dis- of Appeals of the United States for the Fed- trict of Hawaii. Each violation shall be a sep- about the oil-rich nation of Saudi Ara- eral judicial district in which such person re- bia: arate offense and the offense shall be deemed sides or transacts business which is directly to have been committed not only in the dis- affected by the action taken; such petition Saudi Arabia’s multibillion-dollar petro- trict where the violation first occurred, but shall be filed within 120 days from the date leum industry, although largely owned by also in any other district as authorized such final action is taken. the government, has fostered the creation of under law. (2) LIMITATION OF JUDICIAL REVIEW.—Final large private fortunes, enabling many SEC. 12. FORFEITURES. agency action with respect to which review wealthy Saudis to sponsor charities and edu- (a) CRIMINAL FORFEITURE.—A person who is could have been obtained under paragraph cational foundations whose operations ex- convicted of an offense under section 11 of (1)(B) of this subsection shall not be subject tend to many countries. U.S. government this Act shall forfeit to the United States— to judicial review in any civil or criminal and other expert reports have linked some (1) any property, real or personal, consti- proceeding for enforcement. Saudi donations to the global propagation of tuting or traceable to the gross proceeds ob- (3) AWARDS OF LITIGATION COSTS.—In any religious intolerance, hatred of Western val- tained, or retained, as a result of the offense judicial proceeding under paragraph (1) of ues, and support to terrorist activities.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7651 Furthermore, by allowing our na- when it comes to protecting our na- Intelligence for Smarter Energy Act, tional energy security to depend on tional energy security, it certainly or the WISE Act. I worked with Sen- foreign oil, we are leaving the Amer- wouldn’t hurt for Congress to be a lit- ator WYDEN to introduce this bill and ican economy vulnerable to external tle bit wiser. am happy to be an original cosponsor. shocks and disruptions. Recent Amer- I ask unanimous consent that the As a member of the Senate Select ican history is full of examples of text of the bill be printed in the Committee on Intelligence, I see some events overseas jolting U.S. energy RECORD. of the most sensitive products pro- supplies, and just a couple decades ago There being no objection, the text of duced by our intelligence community. the oil cartel known as OPEC declared the bill was ordered to be printed in The intelligence community’s analysts an embargo which sent the U.S. econ- the RECORD, as follows: possess an extensive and wide range of omy into a tailspin. S. 1613 expertise on all matters which could There are many other challenges out Be it enacted by the Senate and House of Rep- have national security implications for there that have the potential to affect resentatives of the United States of America in the United States. However, because of U.S. national security and energy secu- Congress assembled, the secretive nature of the intelligence rity. For example, it seems clear that SECTION 1. SHORT TITLE. community and the sensitive work the Middle East will remain in turmoil This Act may be cited as the ‘‘Weighing In- which it conducts, few policymakers for years to come, and policmakers will telligence for Smarter Energy Act of 2007’’ or are privy to many of its products. In have to consider the potential impact the ‘‘WISE Act of 2007’’. most cases, this is essential in order to of events such as a terrorist attack on SEC. 2. FINDINGS. protect the sensitive sources and meth- Congress makes the following findings: a major oil facility, or a change in gov- (1) The members of the intelligence com- ods used by our intelligence agencies. ernment in an oil-producing state, or munity in the United States, most notably In other areas, including matters re- the further deterioration of the situa- the National Intelligence Council, the Office lated to global energy security, our in- tion in Iraq. Outside of the Middle East of Intelligence and Counterintelligence of telligence analysts can provide some there are other challenges to face, in- the Department of Energy, and the Office of valuable analysis at an unclassified cluding the continued growth of major Transnational Issues of the Central Intel- level. energy consuming countries like India ligence Agency, possess substantial analytic Energy policy and energy security and China, the policies of less-predict- expertise with regard to global energy issues. have far reaching implications for the (2) Energy policy debates generally do not United States. As the country recog- able governments such as Russia and use, to the fullest extent possible, the exper- Venezuela, and the emergence of new tise available in the intelligence community. nizes the danger of relying on imported energy producers in unstable areas of SEC. 3. REPORT ON ENERGY SECURITY. oil, we need to develop an energy pol- the world. (a) REQUIREMENT.— icy that is aggressive while at the same As policymakers attempt to grapple (1) IN GENERAL.—Not later than 180 days time thoughtful. Renewable fuels like with these challenges, it is vital for after the date of the enactment of this Act, ethanol and biodiesel are not the solu- them to be informed by the best think- the Director of National Intelligence shall tion to our problems, but they can help ing available, and as I said, the men submit to Congress a report on the long-term reduce our dependence on imported oil and women of our national intelligence energy security of the United States. from unstable regions of the world dur- agencies are already performing qual- (2) FORM OF REPORT.—The report required ing a time of rising crude oil prices. At by subsection (a) shall be submitted in an ity analysis on many topics relevant to unclassified form and may include a classi- the same time, we must understand national security. This expertise is fied annex. and be prepared for the unintended spread throughout the intelligence (b) CONTENT.—The report submitted pursu- consequences of pursuing alternative community, and includes professionals ant to subsection (a) shall include the fol- fuel policies and to be sensitive to their at the National Intelligence Council, lowing: impact on other sectors of the U.S. and the CIA’s Office of Transnational (1) An assessment of key energy issues that global economies. Already, incentives Issues, and the Office of Intelligence have national security or foreign policy im- for ethanol and biodiesel in the United and Counterintelligence at the Depart- plications for the United States. States, Europe, Brazil and other devel- (2) An assessment of the future of world en- ment of Energy. ergy supplies, including the impact likely oped and developing countries are forc- Unfortunately, this expertise is rare- and unlikely scenarios may have on world ing changes in the agriculture economy ly used to inform energy policy de- energy supply. not seen in over a generation. While bates, primarily because these agencies (3) A description of— rising demand for alternative fuels will generally use it to produce classified (A) the policies being pursued, or expected increase prices for agriculture com- assessments. This means that I can dis- to be pursued, by the major energy pro- modities and benefit farmers, will this cuss them in closed sessions of the Sen- ducing countries or by the major energy con- increase strain development in devel- ate Select Committee on Intelligence, suming countries, including developing oping countries, in regions such as sub- but not at hearings of the Committee countries, to include policies that utilize re- newable resources for electrical and biofuel Saharan Africa? We don’t know yet, on Energy and Natural Resources, even production; but these are questions we should and though I am a member of both commit- (B) an evaluation of the probable outcomes must ask. tees. This legislation would address of carrying out such policy options, includ- We already know the impact poverty this problem by requiring the Director ing— and food insecurity has on populations of National Intelligence to coordinate (i) the economic and geopolitical impact of around the world. However, policy- the production of an unclassified report the energy policy strategies likely to be pur- makers, especially here in Congress, on the intelligence community’s as- sued by such countries; are not realizing the full extent of in- sessments of key energy issues that (ii) the likely impact of such strategies on formation available to them. Energy the decision-making processes on major en- have implications for the national se- ergy cartels; and policy debates usually do not harness curity of the United States. It will be (iii) the impact of policies that utilize re- the full expertise of the intelligence up to the intelligence agencies to de- newable resources for electrical and biofuel community or consider the substantive termine what information can safely be production, including an assessment of the analysis they may contribute to the discussed in public, but I am confident ability of energy consuming countries to re- debate. Experts in the intelligence that the Director will be able to pro- duce dependence on oil using renewable re- community may examine the effects of vide Congress with a report that in- sources, the economic, environmental, and energy policy around the globe and the cludes thoughtful, insightful discussion developmental impact of an increase in impact those decisions may have on biofuels production in both developed and de- of these issues, without revealing any veloping countries, and the impact of an in- U.S. policy. In addition, the intel- sensitive information or compromising crease in biofuels production on global food ligence community can provide an any sources and methods. supplies; and analysis of the impact around the This legislation is entitled the (C) the potential impact of such outcomes world of policies that utilize renewable Weighing Intelligence for Smarter En- on the energy security and national security resources. This legislation asks for just ergy Act, or the WISE Act for short. I of the United States. that type of analysis. think that my colleagues and the Mr. CHAMBLISS. Mr. President, I The WISE Act asks the intelligence American public would agree that rise today in support of the Weighing community to provide an intelligence

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7652 CONGRESSIONAL RECORD — SENATE June 13, 2007 assessment on the long-term energy se- out automatic sprinkler systems. Ac- tion, with the support of the American curity of the United States. The bill re- cording to the GAO and the American Health Care Association, the fire safety com- quests that as much of the assessment Health Care Association, most nursing munity, and the nursing facility profession, as possible be unclassified, while tak- homes simply cannot afford the costs recently adopted requirements for automatic sprinklers in all existing nursing facilities. ing into consideration the need to pro- incurred by installing an automatic (b) SENSE OF CONGRESS.—It is the sense of tect valuable sources and methods by sprinkler system. Today, many nursing Congress that— including a classified portion, it is my homes, including many in Connecticut, (1) within 5 years, every nursing facility in hope that this bill will better inform are financially strained by inadequate America should be equipped with automatic energy policy. In addition to informing reimbursement rates from Medicare fire sprinklers in order to ensure patient, policymakers of the energy security of and Medicaid, rising insurance pre- resident, and staff safety; the United States, the bill will also miums, rising energy costs, and the (2) the Centers for Medicare & Medicaid Services (CMS) should require all nursing provide important analysis on the general cost of care for some of our homes to be fully sprinklered as recently re- international impact of energy policies country’s most vulnerable patients. quired by the Life Safety Code of the Na- around the world. That is why Senator BURR and I are tional Fire Protection Association with the The WISE Act will harness fully the reintroducing this legislation. The support of the nursing home industry, which expertise of our intelligence commu- Nursing Home Fire Safety Act of 2007 includes the requirement that all nursing fa- nity and allow policymakers to formu- provides low-interest loans and grants cilities be fully sprinklered; and late more informed energy policy. I to nursing homes in proven need of fi- (3) the Centers for Medicare & Medicaid urge my colleagues to join me in sup- nancial assistance. The larger loan ini- Services, in collaboration with Congress, tiative assists nursing homes that can- should take into consideration the costs of porting the bill. retrofitting existing nursing home facilities not afford the upfront costs of install- and commit itself to providing facilities with By Mr. DODD (for himself and ing automatic sprinkler systems but the critical financial resources necessary to Mr. BURR): can afford to pay back a low-interest ensure the speedy and full installation of life S. 1615. A bill to provide loans and Government-issued loan. The smaller saving sprinkler systems. grants for fire sprinkler retrofitting in grant initiative would assist qualified SEC. 3. DIRECT LOANS FOR FIRE SPRINKLERS nursing facilities; to the Committee on nursing homes that lack any ability to RETROFITS. Health, Education, Labor, and Pen- pay for the installation of an auto- (a) AUTHORITY.—Not later than 120 days after the date of enactment of this Act, the sions. matic sprinkler system. Together, Mr. DODD. Mr. President, I rise to Secretary of Health and Human Services these initiatives would provide critical shall establish a program of direct loans to reintroduce bipartisan legislation with resources to prevent tragedies like existing nursing facilities to finance retro- my colleague from North Carolina, those seen in Hartford and Nashville fitting the facilities with an automatic fire Senator BURR, that seeks to protect from occurring again. sprinkler system. Such loans shall be made nursing home residents, staff, and visi- I thank my colleague from North under terms and conditions specified by the tors from the dangers associated with Carolina, Senator BURR, for reintro- Secretary. (b) AUTHORIZATION OF APPROPRIATIONS.— fire. ducing this bipartisan measure with In February, 2003, a multi-alarm fire There is authorized to be appropriated to me. I also thank Congressmen JOHN carry out this section such sums as may be at a nursing home in Hartford, CT, LARSON from Connecticut and PETER necessary for each of fiscal years 2008 took the lives of 16 residents. It was KING from New York for spearheading through 2012. the worst nursing home fire in Con- companion legislation in the House. I SEC. 4. SPRINKLER RETROFIT ASSISTANCE necticut’s history. The tragic loss of look forward to working with all of my GRANTS. life was made worse by the fact that colleagues to protect nursing home (a) AUTHORITY.—Not later than 120 days after the date of enactment of this Act, the the nursing home lacked an automatic residents, staff, and visitors from the sprinkler system, a defect disturbingly Secretary of Health and Human Services dangers associated with fire. shall establish a program to award grants to common in many nursing homes across I ask unanimous consent that the nursing facilities for the purposes of retro- the country. text of the bill be printed in the fitting them with an automatic fire sprin- I believe many Americans, especially RECORD. kler system. Such grants shall be awarded those with a loved one in a nursing There being no objection, the text of under terms and conditions specified by the home facility, would be shocked to the bill was ordered to be printed in Secretary. (b) PRIORITY.—In awarding grants under learn that, according to the Govern- the RECORD, as follows: this section, the Secretary shall give a pri- ment Accountability Office between 20 S. 1615 ority to applications that demonstrate a and 30 percent of the country’s 17,000 Be it enacted by the Senate and House of Rep- need or hardship. In determining hardship, nursing homes lack an automatic resentatives of the United States of America in the Secretary may take into account factors sprinkler system. In its 2004 report, the Congress assembled, such as the number of residents who are en- GAO found that ‘‘the substantial loss SECTION 1. SHORT TITLE . titled to or enrolled in the medicare program of life in the [Hartford fire] could have This Act may be cited as the ‘‘Nursing under title 18 of the Social Security Act (42 been reduced or eliminated by the pres- Home Fire Safety Act of 2007’’. U.S.C. 1395 et seq.) or receiving assistance ence of properly functioning automatic SEC. 2. FINDINGS AND SENSE OF CONGRESS. under the medicaid program under title 19 of (a) FINDINGS.—Congress finds the fol- such Act (42 U.S.C. 1396 et seq.), the age and sprinkler systems.’’ Furthermore, the lowing: condition of the facility, and the need for report concluded that ‘‘the Federal (1) An estimated 1,500,000 Americans reside nursing facility beds in the community in- oversight of nursing home compliance in approximately 16,300 nursing facilities na- volved. with fire safety standards is inad- tionwide, an estimated 20 to 30 percent of (c) AUTHORIZATION OF APPROPRIATIONS.— equate.’’ which lack an automatic fire sprinkler sys- There is authorized to be appropriated to Responding to the fire in Hartford tem. carry out this section such sums as may be and a similar tragedy in Nashville, TN, (2) In a July 2004 report, the Government necessary for each of fiscal years 2008 through 2012. the Center for Medicare and Medicaid Accountability Office found that ‘‘the sub- Services, CMS, required that nursing stantial loss of life in [recent nursing home] fires could have been reduced or eliminated By Mr. DURBIN (for himself, Mr. homes without automatic sprinkler by the presence of properly functioning auto- GRASSLEY, Mr. CARPER, Mr. systems install battery-operated matic sprinkler systems’’ and that ‘‘Federal LUGAR, and Mr. OBAMA): smoke detectors. While this new re- oversight of nursing home compliance with S. 1616. A bill to amend the Clean Air quirement was viewed as a positive fire safety standards is inadequate’’. Act to promote and assure the quality step, it was largely criticized by fire (3) Many nursing facilities lack the finan- of biodiesel fuel, and for other pur- and patient-safety advocates because cial capital to install sprinklers on their own poses; to the Committee on Environ- smoke detectors are often not wired to and must consider closure as an alternative ment and Public Works. a central alarm system or a fire depart- to taking on large loans or other financing Mr. DURBIN. Mr. President, I rise options in order to install sprinklers. ment. (4) Recognizing that automatic fire sprin- today to introduce legislation that I believe it is safe to assume that kler systems greatly improve the chances of would create a Federal biodiesel man- nursing home directors do not choose survival for older adults in the event of a date and improve the quality and label- freely to operate their facilities with- fire, the National Fire Protection Associa- ing of this product.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7653 Biodiesel fuel holds great promise to S. RES. 233 SA 1530. Mr. PRYOR submitted an amend- help move the United States toward Resolved, That the following be the minor- ment intended to be proposed to amendment energy independence. It is created by ity membership on the Select Committee on SA 1502 proposed by Mr. REID to the bill H.R. converting soybean oil, animal fats, Ethics for the remainder of the 110th Con- 6, supra; which was ordered to lie on the gress, or until their successors are ap- table. and yellow grease and other feed stocks SA 1531. Mr. PRYOR submitted an amend- into transportation fuel. pointed; Mr. Cornyn, Mr. Roberts, and Mr. Isakson. ment intended to be proposed to amendment Compared to petrol diesel, biodiesel SA 1502 proposed by Mr. REID to the bill H.R. burns much more cleanly. Production f 6, supra; which was ordered to lie on the of biodiesel creates jobs in rural areas SENATE RESOLUTION 234—DESIG- table. and makes farming more profitable. NATING JUNE 15, 2007, AS ‘‘NA- SA 1532. Mr. THUNE submitted an amend- ment intended to be proposed to amendment The carbon footprint of biodiesel also TIONAL HUNTINGTON’S DISEASE is superior to petrol diesel. Cars and SA 1502 proposed by Mr. REID to the bill H.R. AWARENESS DAY’’ 6, supra; which was ordered to lie on the trucks fueled by biodiesel produce Mr. INHOFE (for himself and Mr. table. fewer unburned hydrocarbons, carbon SA 1533. Mr. MENENDEZ submitted an DODD) submitted the following resolu- monoxide, carbon dioxide, and particu- amendment intended to be proposed by him late matter. tion; which was considered and agreed to the bill H.R. 6, supra; which was ordered The biodiesel industry is young but to: to lie on the table. growing, and its growth is driven by S. RES. 234 SA 1534. Mr. NELSON, of Nebraska sub- the rising cost of oil and a growing Whereas Huntington’s Disease is a progres- mitted an amendment intended to be pro- awareness of the need to move toward sive degenerative neurological disease that posed to amendment SA 1502 proposed by Mr. energy independence. In 2005, the causes total physical and mental deteriora- REID to the bill H.R. 6, supra; which was or- tion over a 12 to 15 year period; dered to lie on the table. United States produced 75 million gal- SA 1535. Mr. CARDIN (for himself, Ms. MI- Whereas each child of a parent with Hun- lons of biodiesel. That number more KULSKI, Mr. DODD, Mr. KERRY, Mr. REED, Mr. tington’s Disease has a 50 percent chance of than tripled in 2006, when the United KENNEDY, and Mr. WHITEHOUSE) submitted an inheriting the Huntington’s Disease gene; amendment intended to be proposed to States produced 250 million gallons of Whereas Huntington’s Disease typically amendment SA 1502 proposed by Mr. REID to biodiesel. begins in mid-life, between the ages of 30 and the bill H.R. 6, supra; which was ordered to By the end of this year, we expect ca- 45, though onset may occur as early as the pacity to increase to more than 1 bil- lie on the table. age of 2; SA 1536. Mr. KERRY (for himself, Mr. lion gallons. More than 140 plants al- Whereas children who develop the juvenile SANDERS, and Mr. DODD) submitted an ready produce biodiesel, and more are form of the disease rarely live to adulthood; amendment intended to be proposed by him moving to production soon. Biodiesel Whereas the average lifespan after onset of to the bill H.R. 6, supra; which was ordered fuel plants can be found all across the Huntington’s Disease is 10 to 20 years, and to lie on the table. country, from the Corn Belt and Great the younger the age of onset, the more rapid SA 1537. Mr. REID (for Mr. BINGAMAN (for the progression of the disease; Plains to the Pacific Northwest and himself, Mr. REID, Mr. CARDIN, Mr. SALAZAR, Whereas Huntington’s Disease affects the Mid-Atlantic. Ms. SNOWE, and Mr. DURBIN)) proposed an The bipartisan bill I am introducing 30,000 patients and 200,000 genetically ‘‘at amendment to amendment SA 1502 proposed risk’’ individuals in the United States; today with Senators GRASSLEY, CAR- by Mr. REID to the bill H.R. 6, supra. Whereas since the discovery of the gene SA 1538. Mr. MCCONNELL (for Mr. DOMEN- PER, LUGAR, and OBAMA is a modest at- that causes Huntington’s Disease in 1993, the ICI (for himself, Mr. CRAIG, Mr. BENNETT, Mr. tempt to take advantage of this poten- pace of Huntington’s Disease research has CRAPO, Mr. GRAHAM, and Ms. MURKOWSKI)) tial capacity and to reduce the amount accelerated; proposed an amendment to amendment SA of petroleum used in the 60-billion-gal- Whereas, although no effective treatment 1537 proposed by Mr. REID (for Mr. BINGAMAN lon diesel fuel pool. Under this bill, or cure currently exists, scientists and re- (for himself, Mr. REID, Mr. CARDIN, Mr. over the next 5 years, the United searchers are hopeful that breakthroughs SALAZAR, Ms. SNOWE, and Mr. DURBIN)) to States would blend 450 million gallons will be forthcoming; the amendment SA 1502 proposed by Mr. of biodiesel into diesel fuel in 2008, 625 Whereas researchers across the Nation are REID to the bill H.R. 6, supra. million gallons in 2009, 800 million gal- conducting important research projects in- SA 1539. Mr. AKAKA (for himself, Ms. MUR- volving Huntington’s Disease; and lons in 2010, 1 billion gallons in 2011, KOWSKI, and Ms. SNOWE) submitted an Whereas the Senate is an institution that amendment intended to be proposed by him and 1.25 billion gallons in 2012. can raise awareness in the general public and to the bill H.R. 6, supra; which was ordered This mandate would create an incen- the medical community of Huntington’s Dis- to lie on the table. tive for the production and consump- ease: Now, therefore, be it SA 1540. Mr. CARPER (for himself and Mr. tion of biodiesel and give this infant in- Resolved, That the Senate— BIDEN) submitted an amendment intended to dustry some market guarantees to help (1) designates June 15, 2007, as ‘‘National be proposed to amendment SA 1502 proposed it achieve stability and maturity. Huntington’s Disease Awareness Day’’; by Mr. REID to the bill H.R. 6, supra; which Many States already are moving in (2) recognizes that all people of the United was ordered to lie on the table. the direction of biodiesel mandates. My States should become more informed and SA 1541. Mr. SMITH (for himself, Ms. CANT- home State of Illinois has offered a bio- aware of Huntington’s Disease; and WELL, Ms. MURKOWSKI, and Mr. WYDEN) sub- diesel tax incentive since 2003 that has (3) respectfully requests the Secretary of mitted an amendment intended to be pro- the Senate to transmit a copy of this resolu- posed to amendment SA 1502 proposed by Mr. increased demand for the product, and tion to the Huntington’s Disease Society of REID to the bill H.R. 6, supra; which was or- Minnesota has had a 2-percent biodiesel America. dered to lie on the table. mandate since 2005. SA 1542. Mr. BROWNBACK submitted an f This is an environmentally friendly, amendment intended to be proposed to home-grown fuel, and we should em- AMENDMENTS SUBMITTED AND amendment SA 1502 proposed by Mr. REID to brace its use. I thank Senators GRASS- PROPOSED the bill H.R. 6, supra; which was ordered to lie on the table. LEY, CARPER, LUGAR, and OBAMA for SA 1528. Mr. BINGAMAN (for himself and their early support and urge others in SA 1543. Mr. BAYH (for himself, Mr. Mr. DOMENICI) submitted an amendment in- BROWNBACK, Mr. LIEBERMAN, Mr. COLEMAN, the Senate to cosponsor our legisla- tended to be proposed to amendment SA 1502 and Mr. SALAZAR) submitted an amendment tion. proposed by Mr. REID to the bill H.R. 6, to re- intended to be proposed to amendment SA f duce our Nation’s dependency on foreign oil 1502 proposed by Mr. REID to the bill H.R. 6, by investigating clean, renewable, and alter- supra; which was ordered to lie on the table. SUBMITTED RESOLUTIONS native energy resources, promoting SA 1544. Mr. CASEY (for himself and Mr. newemerging energy technologies, devel- WEBB) submitted an amendment intended to oping greater efficiency, and creating a Stra- be proposed to amendment SA 1502 proposed SENATE RESOLUTION 233—MAKING tegic Energy Efficiency and Renewables Re- by Mr. REID to the bill H.R. 6, supra; which MINORITY PARTY APPOINT- serve to invest in alternative energy, and for was ordered to lie on the table. MENTS FOR THE SELECT COM- other purposes; which was ordered to lie on SA 1545. Mr. ENZI submitted an amend- MITTEE ON ETHICS FOR THE the table. ment intended to be proposed to amendment 110TH CONGRESS SA 1529. Mr. BINGAMAN (for himself and SA 1502 proposed by Mr. REID to the bill H.R. Mr. DOMENICI) submitted an amendment in- 6, supra; which was ordered to lie on the Mr. MCCONNELL submitted the fol- tended to be proposed to amendment SA 1502 table. lowing resolution; which was consid- proposed by Mr. REID to the bill H.R. 6, SA 1546. Mr. DEMINT submitted an amend- ered and agreed to: supra; which was ordered to lie on the table. ment intended to be proposed to amendment

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7654 CONGRESSIONAL RECORD — SENATE June 13, 2007

SA 1502 proposed by Mr. REID to the bill H.R. SA 1502 proposed by Mr. REID to the bill H.R. the patent holder shall not negotiate any li- 6, supra; which was ordered to lie on the 6, supra; which was ordered to lie on the cense or royalty agreement with any entity table. table. that is not an industrial participant under SA 1547. Mr. TESTER (for himself, Mr. SA 1561. Mr. KOHL submitted an amend- paragraph (6); BINGAMAN, Mr. REID, Ms. MURKOWSKI, Mr. ment intended to be proposed to amendment (C) that, during the 2-year period described STEVENS, Mr. SALAZAR, Mr. AKAKA, Mr. SA 1502 proposed by Mr. REID to the bill H.R. in subparagraph (B), the patent holder shall SANDERS, and Ms. SNOWE) submitted an 6, supra; which was ordered to lie on the negotiate nonexclusive licenses and royalties amendment intended to be proposed to table. in good faith with any interested industrial amendment SA 1502 proposed by Mr. REID to f participant under paragraph (6); and the bill H.R. 6, supra; which was ordered to (D) such other terms as the Secretary de- lie on the table. TEXT OF AMENDMENTS termines to be necessary to promote the ac- SA 1548. Mr. DURBIN submitted an amend- SA 1528. Mr. BINGAMAN (for himself celerated commercialization of inventions ment intended to be proposed to amendment made under paragraph (6) to advance the ca- and Mr. DOMENICI) submitted an SA 1502 proposed by Mr. REID to the bill H.R. pability of the United States to successfully 6, supra; which was ordered to lie on the amendment intended to be proposed to compete in global energy storage markets. table. amendment SA 1502 proposed by Mr. On page 129, line 3, strike ‘‘(7)’’ and insert SA 1549. Mr. KOHL (for himself, Mr. FEIN- REID to the bill H.R. 6, to reduce our ‘‘(9)’’. GOLD, and Mr. BURR) submitted an amend- Nation’s dependency on foreign oil by On page 129, line 4, strike ‘‘5 years’’ and in- ment intended to be proposed to amendment investing in clean, renewable, and al- sert ‘‘3 years’’. SA 1502 proposed by Mr. REID to the bill H.R. ternative energy resources, promoting On page 129, line 8, strike ‘‘in making’’ and 6, supra; which was ordered to lie on the new emerging energy technologies, de- all that follows through the end of the para- table. graph and insert ‘‘in carrying out this sec- SA 1550. Mr. WYDEN (for himself and Mr. veloping greater efficiency, and cre- tion.’’. CHAMBLISS) submitted an amendment in- ating a Strategic Energy Efficiency On page 129, line 12, strike ‘‘(8)’’ and insert tended to be proposed to amendment SA 1502 and Renewables Reserve to invest in al- ‘‘(10)’’. proposed by Mr. REID to the bill H.R. 6, ternative energy, and for other pur- supra; which was ordered to lie on the table. poses; which was ordered to lie on the SA 1529. Mr. BINGAMAN (for himself SA 1551. Ms. CANTWELL submitted an table; as follows: and Mr. DOMENICI) submitted an amendment intended to be proposed to On page 126, line 12, strike ‘‘and’’. amendment intended to be proposed to amendment SA 1502 proposed by Mr. REID to amendment SA 1502 proposed by Mr. the bill H.R. 6, supra; which was ordered to On page 126, line 13, strike the period and REID to the bill H.R. 6, to reduce our lie on the table. insert ‘‘; and’’. SA 1552. Mr. INOUYE (for himself and Mr. On page 126, between lines 13 and 14, insert Nation’s dependency on foreign oil by STEVENS) submitted an amendment intended the following: investing in clean, renewable, and al- to be proposed by him to the bill S. 1609, to (vi) thermal behavior and life degradation ternative energy resources, promoting provide the necessary authority to the Sec- mechanisms. new emerging energy technologies, de- retary of Commerce for the establishment On page 126, strike lines 14 through 21, and veloping greater efficiency, and cre- insert the following: and implementation of a regulatory system ating a Strategic Energy Efficiency for offshore aquaculture in the United States (B) NANOSCIENCE CENTERS.—The Secretary, in cooperation with the Council, shall co- and Renewables Reserve to invest in al- Exclusive Economic Zone, and for other pur- ternative energy, and for other pur- poses; which was referred to the Committee ordinate the activities of the nanoscience on Commerce, Science, and Transportation. centers of the Department to help the poses; which was ordered to lie on the SA 1553. Mr. INOUYE (for himself and Mr. nanoscience centers of the Department table; as follows: STEVENS) submitted an amendment intended maintain a globally competitive posture in On page 73, between lines 4 and 5, insert to be proposed by him to the bill S. 1609, energy storage systems for motor transpor- the following: supra; which was referred to the Committee tation and electricity transmission and dis- (h) REPORT.—Not later than 2 years after on Commerce, Science, and Transportation. tribution. the date of enactment of this Act, and annu- SA 1554. Mr. INOUYE (for himself and Mr. On page 127, line 5, insert ‘‘and battery sys- ally thereafter, the Administrator of General STEVENS) submitted an amendment intended tems’’ after ‘‘batteries’’. Services shall submit to the Energy Informa- to be proposed by him to the bill S. 1609, On page 127, line 7, strike ‘‘and’’. tion Agency a report describing the quan- supra; which was referred to the Committee On page 127, line 9, strike the period and tity, type, and cost of each lighting product on Commerce, Science, and Transportation. insert ‘‘; and’’. purchased by the Federal Government. SA 1555. Mr. STEVENS (for himself and On page 127, between lines 9 and 10, insert On page 73, line 5, strike ‘‘(h)’’ and insert Mr. INOUYE) submitted an amendment in- the following: ‘‘(i)’’. tended to be proposed by him to the bill S. (G) thermal management systems. On page 73, line 16, strike ‘‘(i)’’ and insert 1609, supra; which was referred to the Com- On page 127, line 12, insert ‘‘not more ‘‘(j)’’. mittee on Commerce, Science, and Transpor- than’’ before ‘‘4’’. tation. On page 127, lines 21 and 22, strike ‘‘and the SA 1530. Mr. PRYOR submitted an SA 1556. Mrs. LINCOLN (for herself, Mr. Under Secretary of Energy’’. amendment intended to be proposed to DOMENICI, Mr. PRYOR, Mr. CRAIG, and Ms. Beginning on page 128, strike line 22, and amendment SA 1502 proposed by Mr. all that follows through page 129, line 2 and LANDRIEU) submitted an amendment in- REID to the bill H.R. 6, to reduce our insert the following: tended to be proposed to amendment SA 1502 Nation’s dependency on foreign oil by proposed by Mr. REID to the bill H.R. 6, to re- (7) DISCLOSURE.—Section 623 of the Energy duce our Nation’s dependency on foreign oil Policy Act of 1992 (42 U.S.C. 13293) may apply investing in clean, renewable, and al- by investigating clean, renewable, and alter- to any project carried out through a grant, ternative energy resources, promoting native energy resources, promoting contract, or cooperative agreement under newemerging energy technologies, de- newemerging energy technologies, devel- this section. velop greater efficiency, and creating a oping greater efficiency, and creating a Stra- (8) INTELLECTUAL PROPERTY.—In accord- Strategic Energy Efficiency and Re- tegic Energy Efficiency and Renewables Re- ance with section 202(a)(ii) of title 35, United newables Reserve to invest in alter- serve to invest in alternative energy, and for States Code, section 152 of the Atomic En- native energy, and for other purposes; ergy Act of 1954 (42 U.S.C. 2182), and section other purposes; which was ordered to lie on which was ordered to lie on the table; the table. 9 of the Federal Nonnuclear Research and SA 1557. Ms. KLOBUCHAR (for herself, Ms. Development Act of 1974 (42 U.S.C. 5908), the as follows: SNOWE, and Mr. BINGAMAN) submitted an Secretary may require, for any new inven- On page 161, between lines 2 and 3, insert amendment intended to be proposed by her tion developed under paragraph (6)— the following: to the bill H.R. 6, supra; which was ordered (A) that any industrial participant that is SEC. 269. PROMOTION OF ENERGY SAVINGS PER- to lie on the table. active in a Energy Storage Research Center FORMANCE CONTRACTS. SA 1558. Mr. OBAMA submitted an amend- established under paragraph (6) related to Section 801 of the National Energy Con- ment intended to be proposed by him to the the advancement of energy storage tech- servation Policy Act (42 U.S.C. 8287) is bill H.R. 6, supra; which was ordered to lie on nologies carried out, in whole or in part, amended— the table. with Federal funding, be granted the first op- (1) in subsection (a)(2)— SA 1559. Mr. HAGEL submitted an amend- tion to negotiate with the invention owner, (A) in subparagraph (D), by inserting ‘‘be- ment intended to be proposed to amendment at least in the field of energy storage tech- ginning on the date of the delivery order’’ SA 1502 proposed by Mr. REID to the bill H.R. nologies, nonexclusive licenses and royalties after ‘‘25 years’’; and 6, supra; which was ordered to lie on the on terms that are reasonable, as determined (B) by adding at the end the following: table. by the Secretary; ‘‘(E) PROMOTION OF CONTRACTS.—In car- SA 1560. Mr. HAGEL submitted an amend- (B) that, during a 2-year period beginning rying out this section, a Federal agency ment intended to be proposed to amendment on the date on which an invention is made, shall not—

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7655

‘‘(i) establish a Federal agency policy that ‘‘(i) IN GENERAL.—For the purpose of sub- ‘‘(6) BENCHMARKING OF FEDERAL FACILI- limits the maximum contract term under paragraph (A), a measure shall be considered TIES.— subparagraph (D) to a period shorter than 25 to have a 15-year simple payback if the ‘‘(A) IN GENERAL.—Each Federal agency years; or quotient obtained under clause (ii) is less shall enter energy use data for each building ‘‘(ii) limit the total amount of obligations than or equal to 15. and other facility of the Federal agency into under energy savings performance contracts ‘‘(ii) QUOTIENT.—The quotient for a meas- a building energy use benchmarking system, or other private financing of energy savings ure shall be obtained by dividing— such as the Energy Star Portfolio Manager. measures. ‘‘(I) the estimated initial implementation ‘‘(B) SYSTEM AND GUIDANCE.—Not later ‘‘(F) MEASUREMENT AND VERIFICATION RE- cost of the measure (other than financing than 1 year after the date of enactment of QUIREMENTS FOR PRIVATE FINANCING.— costs); by this subsection, the Secretary shall— ‘‘(i) IN GENERAL.—The evaluations and sav- ‘‘(II) the annual cost savings from the ‘‘(i) select or develop the building energy ings measurement and verification required measure. use benchmarking system required under under paragraphs (1) and (3) of section 543(f) ‘‘(C) COST SAVINGS.—For the purpose of this paragraph for each type of building; and shall be used by a Federal agency to meet subparagraph (B), cost savings shall include ‘‘(ii) issue guidance for use of the system. the requirements for— net savings in estimated— ‘‘(7) FEDERAL AGENCY SCORECARDS.— ‘‘(I) in the case of energy savings perform- ‘‘(i) energy and water costs; and ‘‘(A) IN GENERAL.—The Director of the Of- ance contracts, the need for energy audits, ‘‘(ii) operations, maintenance, repair, re- fice of Management and Budget shall issue calculation of energy savings, and any other placement, and other direct costs. quarterly scorecards for energy management evaluation of costs and savings needed to im- ‘‘(D) EXCEPTIONS.—The Secretary may activities carried out by each Federal agency plement the guarantee of savings under this modify or make exceptions to the calcula- that includes— section; and tion of a 15-year simple payback under this ‘‘(i) summaries of the status of— ‘‘(II) in the case of utility energy service paragraph in the guidelines issued by the ‘‘(I) energy and water evaluations under contracts, needs that are similar to the pur- Secretary under paragraph (4). paragraph (1); poses described in subclause (I). ‘‘(3) FOLLOW-UP ON IMPLEMENTED MEAS- ‘‘(II) implementation of identified energy ‘‘(ii) MODIFICATION OF EXISTING CON- URES.—For each measure implemented under and water measures under paragraph (2); and TRACTS.—Not later than 180 days after the paragraph (2), each Federal agency shall ‘‘(III) follow-up on implemented measures date of enactment of this subparagraph, each carry out— under paragraph (3); and Federal agency shall, to the maximum ex- ‘‘(A) commissioning; ‘‘(ii) any other means of measuring per- tent practicable, modify any indefinite deliv- ‘‘(B) operations, maintenance, and repair; formance that the Director considers appro- ery and indefinite quantity energy savings and priate. ‘‘(C) measurement and verification of en- performance contracts, and other indefinite ‘‘(B) AVAILABILITY.—The Director shall delivery and indefinite quantity contracts ergy and water savings. make the scorecards required under this using private financing, to conform to the ‘‘(4) GUIDELINES.— paragraph available to Congress, other Fed- amendments made by the Renewable Fuels, ‘‘(A) IN GENERAL.—The Secretary shall eral agencies, and the public through the Consumer Protection, and Energy Efficiency issue guidelines and necessary criteria that Internet. each Federal agency shall follow for imple- Act of 2007.’’; and ‘‘(8) FUNDING.— mentation of— (2) by striking subsection (c). ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) paragraph (1) not later than 90 days There are authorized to be appropriated such after the date of enactment of this sub- SA 1531. Mr. PRYOR submitted an sums as are necessary to carry out this sub- section; and amendment intended to be proposed to section. ‘‘(ii) paragraphs (2) and (3) not later than ‘‘(B) FUNDING OPTIONS.— amendment SA 1502 proposed by Mr. 180 days after the date of enactment of this ‘‘(i) IN GENERAL.—To carry out paragraphs REID to the bill H.R. 6, to reduce our subsection. (1) through (3), a Federal agency may use Nation’s dependency on foreign oil by ‘‘(B) RELATIONSHIP TO FUNDING SOURCE.— any combination of— investing in clean, renewable, and al- The guidelines issued by the Secretary under ternative energy resources, promoting subparagraph (A) shall be appropriate and ‘‘(I) appropriated funds made available uniform for measures funded with each type under subparagraph (A); and newemerging energy technologies, de- ‘‘(II) private financing, including financing velop greater efficiency, and creating a of funding made available under paragraph (8). available through energy savings perform- Strategic Energy Efficiency and Re- ance contracts or utility energy savings con- ‘‘(5) WEB-BASED CERTIFICATION.— newables Reserve to invest in alter- tracts. ‘‘(A) IN GENERAL.—For each building and native energy, and for other purposes; other facility that meets the criteria estab- ‘‘(ii) COMBINED FUNDING FOR SAME MEAS- which was ordered to lie on the table; lished by the Secretary under paragraph (1), URE.—A Federal agency may use any com- as follows: each Federal agency shall use a web-based bination of appropriated funds and private fi- nancing described in clause (i) to carry out On page 153, strike line 24 and insert the tracking system to certify compliance with the same measure under this subsection, following: the requirements for— ‘‘under subsection (a)(1). ‘‘(i) energy and water evaluations under with proportional allocation for any energy ‘‘(g) USE OF ENERGY AND WATER EFFICIENCY paragraph (1); and water savings. MEASURES IN FEDERAL BUILDINGS.— ‘‘(ii) implementation of identified energy ‘‘(iii) LACK OF APPROPRIATED FUNDS.—Since ‘‘(1) ENERGY AND WATER EVALUATIONS.—Not and water measures under paragraph (2); and measures may be carried out using private later than 1 year after the date of enactment ‘‘(iii) follow-up on implemented measures financing described in clause (i), a lack of of this subsection, and every 3 years there- under paragraph (3). available appropriations shall not be consid- after, each Federal agency shall complete a ‘‘(B) DEPLOYMENT.—Not later than 1 year ered a sufficient reason for the failure of a comprehensive energy and water evaluation after the date of enactment of this sub- Federal agency to comply with paragraphs for— section, the Secretary shall deploy the web- (1) through (3).’’. ‘‘(A) each building and other facility of the based tracking system required under this Federal agency that is larger than a min- paragraph in a manner that tracks, at a min- SA 1532. Mr. THUNE submitted an imum size established by the Secretary; and imum— amendment intended to be proposed to ‘‘(B) any other building or other facility of ‘‘(i) the covered buildings and other facili- amendment SA 1502 proposed by Mr. the Federal agency that meets any other cri- ties; REID to the bill H.R. 6, to reduce our teria established by the Secretary. ‘‘(ii) the status of evaluations; Nation’s dependency on foreign oil by ‘‘(2) IMPLEMENTATION OF IDENTIFIED ENERGY ‘‘(iii) the identified measures, with esti- investing in clean, renewable, and al- AND WATER EFFICIENCY MEASURES.— mated costs and savings; ternative energy resources, promoting ‘‘(A) IN GENERAL.—Not later than 2 years ‘‘(iv) the status of implementing the meas- newemerging energy technologies, de- after the date of enactment of this sub- ures; velop greater efficiency, and creating a section, and every 3 years thereafter, each ‘‘(v) the measured savings; and Federal agency— ‘‘(vi) the persistence of savings. Strategic Energy Efficiency and Re- ‘‘(i) shall fully implement each energy and ‘‘(C) AVAILABILITY.— newables Reserve to invest in alter- water-saving measure that the Federal agen- ‘‘(i) IN GENERAL.—Subject to clause (ii), the native energy, and for other purposes; cy identified in the evaluation conducted Secretary shall make the web-based tracking which was ordered to lie on the table; under paragraph (1) that has a 15-year simple system required under this paragraph avail- as follows: payback period; and able to Congress, other Federal agencies, and On page 50, between lines 16 and 17, insert ‘‘(ii) may implement any energy or water- the public through the Internet. the following: saving measure that the Federal agency ‘‘(ii) EXEMPTIONS.—At the request of a Fed- (d) APPROVAL OF HIGHER BLENDS OF ETH- identified in the evaluation conducted under eral agency, the Secretary may exempt spe- ANOL.—Not later than 180 days after the date paragraph (1) that has longer than a 15-year cific data for specific buildings from disclo- on which the report is submitted under sub- simple payback period. sure under clause (i) for national security section (c), the Administrator of the Envi- ‘‘(B) PAYBACK PERIOD.— purposes. ronmental Protection Agency shall approve

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7656 CONGRESSIONAL RECORD — SENATE June 13, 2007 the use of higher blends of ethanol fuel for ‘‘(ii) INTEREST-BEARING OBLIGATIONS.—In- Nation’s dependency on foreign oil by use in non-flex fuel automotive vehicles that vestments may be made only in interest- investing in clean, renewable, and al- received a satisfactory review based on the bearing obligations of the United States. ternative energy resources, promoting components of the study under subsection (a) ‘‘(iii) ACQUISITION OF OBLIGATIONS.—For the new emerging energy technologies, de- addressing the emissions, materials compat- purpose of investments under clause (i), obli- ibility, and durability and performance of gations may be acquired— veloping greater efficiency, and cre- the approved higher blends of ethanol fuel in ‘‘(I) on original issue at the issue price; or ating a Strategic Energy Efficiency on-road and off-road engines. ‘‘(II) by purchase of outstanding obliga- and Renewables Reserve to invest in al- tions at the market price. ternative energy, and for other pur- SA 1533. Mr. MENENDEZ submitted ‘‘(iv) SALE OF OBLIGATIONS.—Any obliga- poses; which was ordered to lie on the an amendment intended to be proposed tion acquired by the trust fund may be sold table; as follows: by the Secretary of the Treasury at the mar- by him to the bill H.R. 6, to reduce our On page 2, strike the table between lines 7 ket price. Nation’s dependency on foreign oil by and 8 and insert the following: ‘‘(v) CREDITS TO TRUST FUND.—The interest investing in clean, renewable, and al- on, and the proceeds from the sale or re- Calendar year: Minimum annual ternative energy resources, promoting demption of, any obligations held in the percentage: newemerging energy technologies, de- trust fund shall be credited to and form a 2009 through 2012 ...... 5 2013 through 2016 ...... 10 velop greater efficiency, and creating a part of the trust fund. 2017 through 2019 ...... 15 ‘‘(C) TRANSFERS OF AMOUNTS.— Strategic Energy Efficiency and Re- 2020 through 2030 ...... 20 newables Reserve to invest in alter- ‘‘(i) IN GENERAL.—The amounts required to be transferred to the trust fund under sub- On page 3, line 2, strike ‘‘2009’’ and insert native energy, and for other purposes; ‘‘2008’’. which was ordered to lie on the table; paragraph (A)(ii) shall be transferred at least quarterly from the general fund of the Treas- as follows: ury to the trust fund on the basis of esti- SA 1537. Mr. REID (for Mr. BINGAMAN At the end of subtitle F of title II, insert mates made by the Secretary of the Treas- (for himself, Mr. REID, Mr. CARDIN, Mr. the following: ury. SALAZAR, Ms. SNOWE, and Mr. DURBIN)) SEC. 2ll. DEFINITION OF STATE. ‘‘(ii) ADJUSTMENTS.—Proper adjustment proposed an amendment to amendment Section 412 of the Energy Conservation and shall be made in amounts subsequently SA 1502 proposed by Mr. REID to the Production Act (42 U.S.C. 6862) is amended transferred to the extent prior estimates bill H.R. 6, to reduce our Nation’s de- by striking paragraph (8) and inserting the were in excess of or less than the amounts pendency on foreign oil by investing in following: required to be transferred. clean, renewable, and alternative en- ‘‘(D) USE OF FUNDS.— ‘‘(8) STATE.—The term ‘State’ means— ergy resources, promoting ‘‘(A) a State; ‘‘(i) IN GENERAL.—Amounts in the trust ‘‘(B) the District of Columbia; and fund shall be used to carry out the program newemerging energy technologies, de- ‘‘(C) the Commonwealth of Puerto Rico.’’. under paragraph (1). velop greater efficiency, and creating a ‘‘(ii) TREATMENT.—Amounts in the trust Strategic Energy Efficiency and Re- SA 1534. Mr. NELSON of Nebraska fund used under clause (i) shall be in addi- newables Reserve to invest in alter- submitted an amendment intended to tion to, and shall not be considered to be native energy, and for other purposes; be proposed to amendment SA 1502 pro- provided in lieu of, any other funds made as follows: available to carry out this subsection.’’. posed by Mr. REID to the bill H.R. 6, to At the end, add the following: reduce our Nation’s dependency on for- SA 1535. Mr. CARDIN (for himself, TITLE VIII—RENEWABLE PORTFOLIO eign oil by investing in clean, renew- Ms. MIKULSKI, Mr. DODD, Mr. KERRY, STANDARD able, and alternative energy resources, Mr. REED, Mr. KENNEDY, and Mr. SEC. 801. RENEWABLE PORTFOLIO STANDARD. promoting newemerging energy tech- WHITEHOUSE) submitted an amendment (a) IN GENERAL.—Title VI of the Public nologies, develop greater efficiency, intended to be proposed to amendment Utility Regulatory Policies Act of 1978 (16 and creating a Strategic Energy Effi- U.S.C. 2601 et seq.) is amended by adding at SA 1502 proposed by Mr. REID to the the end the following: ciency and Renewables Reserve to in- bill H.R. 6, to reduce our Nation’s de- ‘‘SEC. 610. FEDERAL RENEWABLE PORTFOLIO vest in alternative energy, and for pendency on foreign oil by investing in STANDARD. other purposes; which was ordered to clean, renewable, and alternative en- ‘‘(a) RENEWABLE ENERGY REQUIREMENT.— lie on the table; as follows: ergy resources, promoting new emerg- ‘‘(1) IN GENERAL.—Each electric utility On page 36, line 17, strike ‘‘Section’’ and ing energy technologies, develop great- that sells electricity to electric consumers insert the following: er efficiency, and creating a Strategic shall obtain a percentage of the base amount (a) IN GENERAL.—Section Energy Efficiency and Renewables Re- of electricity it sells to electric consumers in On page 36, after line 22, add the following: any calendar year from new renewable en- serve to invest in alternative energy, ergy or existing renewable energy. The per- (b) BIOFUELS INVESTMENT TRUST FUND.— and for other purposes; which was or- Section 932(d) of the Energy Policy Act of centage obtained in a calendar year shall not 2005 (42 U.S.C. 16232(d)) is amended by adding dered to lie on the table; as follows: be less than the amount specified in the fol- at the end the following: At the appropriate place, insert the fol- lowing table: ‘‘(3) BIOFUELS INVESTMENT TRUST FUND.— lowing: ‘‘Calendar year: Minimum annual ‘‘(A) ESTABLISHMENT.— SEC. lll. SITING, CONSTRUCTION, EXPANSION, percentage: ‘‘(i) IN GENERAL.—There is established in AND OPERATION OF LNG TERMI- 2010 through 2012 ...... 3.75 the Treasury of the United States a trust NALS. 2013 through 2016 ...... 7.50 fund, to be known as the ‘Biofuels Invest- Section 10 of the Act of March 3, 1899 (33 2017 through 2019 ...... 11.25 ment Trust Fund’ (referred to in this para- U.S.C. 403), is amended— 2020 through 2030 ...... 15.0 graph as the ‘trust fund’), consisting of such (1) by striking the section heading and des- ‘‘(2) MEANS OF COMPLIANCE.—An electric amounts as are transferred to the trust fund ignation and all that follows through ‘‘cre- utility shall meet the requirements of para- under clause (ii). ation’’ and inserting the following: graph (1) by— ‘‘(ii) TRANSFER.—As soon as practicable ‘‘SEC. 10. OBSTRUCTION OF NAVIGABLE WATERS; ‘‘(A) submitting to the Secretary renew- after the date of enactment of this para- WHARVES AND PIERS; EXCAVATIONS able energy credits issued under subsection graph, the Secretary of the Treasury shall AND FILLING IN. (b); transfer to the trust fund, from amounts in ‘‘(a) IN GENERAL.—The creation’’; and ‘‘(B) making alternative compliance pay- the general fund of the Treasury, such (2) by adding at the end the following: ments to the Secretary at the rate of 2 cents amounts as the Secretary of the Treasury ‘‘(b) SITING, CONSTRUCTION, EXPANSION, AND per kilowatt hour (as adjusted for inflation determines to be equivalent to the amounts OPERATION OF LNG TERMINALS.—The Sec- under subsection (g)); or received in the general fund as of January 1, retary shall not approve or disapprove an ap- ‘‘(C) a combination of activities described 2007, that are attributable to duties received plication for the siting, construction, expan- in subparagraphs (A) and (B). sion, or operation of a liquefied natural gas on articles entered under heading 9901.00.50 ‘‘(3) SPECIAL RULE.—Nothing in this section of the Harmonized Tariff Schedule of the terminal pursuant to this section without authorizes or requires the Tennessee Valley United States. the express concurrence of each State af- Authority to make any capital expenditure fected by the application.’’. ‘‘(B) INVESTMENT OF AMOUNTS.— on new generating capacity, except to the ‘‘(i) IN GENERAL.—The Secretary of the extent that budget authority for the expend- Treasury shall invest such portion of the SA 1536. Mr. KERRY (for himself, Mr. iture is provided in advance in an appropria- trust fund as is not, in the judgment of the SANDERS, and Mr. DODD) submitted an tions Act. Secretary of the Treasury, required to meet amendment intended to be proposed by ‘‘(b) FEDERAL RENEWABLE ENERGY CREDIT current withdrawals. him to the bill H.R. 6, to reduce our TRADING PROGRAM.—

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7657

‘‘(1) IN GENERAL.—Not later than July 1, ply with the requirement of a State renew- such renewable energy programs, shall, to 2009, the Secretary shall establish a Federal able energy program if the State require- the maximum extent practicable, facilitate renewable energy credit trading program ment is greater than the applicable require- coordination between the Federal program under which electric utilities shall submit to ment of subsection (a). and State programs. the Secretary renewable energy credits to ‘‘(B) REQUIREMENT.—The Secretary may ‘‘(2) REGULATIONS.— certify the compliance of the electric utili- waive the requirements of subsection (a) for ‘‘(A) IN GENERAL.—The Secretary, in con- ties with respect to obligations under sub- a period of up to 5 years with respect to an sultation with States, shall promulgate reg- section (a)(1). electric utility if the Secretary determines ulations to ensure that an electric utility ‘‘(2) ADMINISTRATION.—As part of the pro- that the electric utility cannot meet the re- that is subject to the requirements of this gram, the Secretary shall— quirements because of a hurricane, tornado, section and is subject to a State renewable ‘‘(A) issue tradeable renewable energy fire, flood, earthquake, ice storm, or other energy standard receives renewable energy credits to generators of electric energy from natural disaster or act of God beyond the credits if— new renewable energy; reasonable control of the utility. ‘‘(i) the electric utility complies with ‘‘(B) issue nontradeable renewable energy ‘‘(4) PROCEDURE FOR ASSESSING PENALTY.— State standard by generating or purchasing credits to generators of electric energy from The Secretary shall assess a civil penalty renewable electric energy or renewable en- existing renewable energy; under this subsection in accordance with the ergy certificates or credits; or ‘‘(C) issue renewable energy credits to elec- procedures prescribed by section 333(d) of the ‘‘(ii) the State imposes or allows other tric utilities associated with State renew- Energy Policy and Conservation Act of 1954 mechanisms for achieving the State stand- able portfolio standard compliance mecha- (42 U.S.C. 6303). ard, including the payment of taxes, fees, nisms pursuant to subsection (h); ‘‘(d) STATE RENEWABLE ENERGY ACCOUNT surcharges, or other financial obligations. ‘‘(D) ensure that a kilowatt hour, including PROGRAM.— ‘‘(B) AMOUNT OF CREDITS.—The amount of the associated renewable energy credit, shall ‘‘(1) IN GENERAL.—There is established in credits received by an electric utility under be used only once for purposes of compliance the Treasury a State renewable energy ac- this subsection shall equal— with this Act; count program. ‘‘(i) in the case of subparagraph (A)(i), the ‘‘(E) allow double credits for generation ‘‘(2) DEPOSITS.—All money collected by the renewable energy resulting from the genera- from facilities on Indian land, and triple Secretary from alternative compliance pay- tion or purchase by the electric utility of ex- credits for generation from small renewable ments and the assessment of civil penalties isting renewable energy or new renewable distributed generators (meaning those no under this section shall be deposited into the energy; and larger than 1 megawatt); and renewable energy account established pursu- ‘‘(ii) in the case of subparagraph (A)(ii), the ‘‘(F) ensure that, with respect to a pur- ant to this subsection. pro rata share of the electric utility, based chaser that, as of the date of enactment of ‘‘(3) USE.—Proceeds deposited in the State on the contributions to the mechanism made this section, has a purchase agreement from renewable energy account shall be used by by the electric utility or customers of the a renewable energy facility placed in service the Secretary, subject to appropriations, for electric utility, in the State, of the renew- before that date, the credit associated with a program to provide grants to the State able energy resulting from those mecha- the generation of renewable energy under agency responsible for developing State en- nisms. the contract is issued to the purchaser of the ergy conservation plans under section 362 of ‘‘(C) PROHIBITION ON DOUBLE COUNTING.— electric energy to the extent that the con- the Energy Policy and Conservation Act (42 The regulations promulgated under this tract does not already provide for the alloca- U.S.C. 6322) for the purposes of promoting re- paragraph shall ensure that a kilowatt-hour tion of the Federal credit. newable energy production, including pro- associated with a renewable energy credit ‘‘(3) DURATION.—A credit described in sub- grams that promote technologies that reduce issued pursuant to this subsection shall not paragraph (A), (B), or (C) of paragraph (2) the use of electricity at customer sites such be used for compliance with this section may only be used for compliance with this as solar water heating. more than once. section during the 3-year period beginning on ‘‘(i) DEFINITIONS.—In this section: ‘‘(4) ADMINISTRATION.—The Secretary may ‘‘(1) BASE AMOUNT OF ELECTRICITY.—The the date of issuance of the credit. issue guidelines and criteria for grants term ‘base amount of electricity’ means the ‘‘(4) TRANSFERS.—An electric utility that awarded under this subsection. State energy holds credits in excess of the quantity of total amount of electricity sold by an elec- offices receiving grants under this section credits needed to comply with subsection (a) tric utility to electric consumers in a cal- shall maintain such records and evidence of may transfer the credits to another electric endar year, excluding— compliance as the Secretary may require. utility in the same utility holding company ‘‘(A) electricity generated by a hydro- ‘‘(5) PREFERENCE.—In allocating funds system. electric facility (including a pumped storage under this program, the Secretary shall give ‘‘(5) DELEGATION OF MARKET FUNCTION.— facility but excluding incremental hydro- preference— The Secretary may delegate to an appro- power); and ‘‘(A) to States in regions which have a dis- priate market-making entity the adminis- ‘‘(B) electricity generated through the in- proportionately small share of economically tration of a national tradeable renewable en- cineration of municipal solid waste. sustainable renewable energy generation ca- ergy credit market for purposes of creating a ‘‘(2) DISTRIBUTED GENERATION FACILITY.— pacity; and transparent national market for the sale or The term ‘distributed generation facility’ ‘‘(B) to State programs to stimulate or en- trade of renewable energy credits. means a facility at a customer site. hance innovative renewable energy tech- ‘‘(c) ENFORCEMENT.— ‘‘(3) EXISTING RENEWABLE ENERGY.—The nologies. ‘‘(1) CIVIL PENALTIES.—Any electric utility term ‘existing renewable energy’ means, ex- ‘‘(e) RULES.—The Secretary shall issue that fails to meet the compliance require- cept as provided in paragraph (7)(B), electric rules implementing this section not later ments of subsection (a) shall be subject to a energy generated at a facility (including a than 1 year after the date of enactment of civil penalty. distributed generation facility) placed in this section. ‘‘(2) AMOUNT OF PENALTY.—The amount of ‘‘(f) EXEMPTIONS.—This section shall not service prior to January 1, 2001, from solar, the civil penalty shall be determined by mul- apply in any calendar year to an electric wind, or geothermal energy, ocean energy, tiplying the number of kilowatt-hours of utility— biomass (as defined in section 203(a) of the electric energy sold to electric consumers in ‘‘(1) that sold less than 4,000,000 megawatt- Energy Policy Act of 2005), or landfill gas. violation of subsection (a) by the greater of— hours of electric energy to electric con- ‘‘(4) GEOTHERMAL ENERGY.—The term ‘geo- ‘‘(A) the value of the alternative compli- sumers during the preceding calendar year; thermal energy’ means energy derived from ance payment, as adjusted to reflect changes or a geothermal deposit (within the meaning of for the 12-month period ending the preceding ‘‘(2) in Hawaii. section 613(e)(2) of the Internal Revenue Code November 30 in the Consumer Price Index for ‘‘(g) INFLATION ADJUSTMENT.—Not later of 1986). All Urban Consumers published by the Bu- than December 31 of each year beginning in ‘‘(5) INCREMENTAL GEOTHERMAL PRODUC- reau of Labor Statistics of the Department 2008, the Secretary shall adjust for inflation TION.— of Labor; or the rate of the alternative compliance pay- ‘‘(A) IN GENERAL.—The term ‘incremental ‘‘(B) 200 percent of the average market ment under subsection (a)(2)(B) and the geothermal production’ means for any year value of renewable energy credits during the amount of the civil penalty per kilowatt- the excess of— year in which the violation occurred. hour under subsection (c)(2). ‘‘(i) the total kilowatt hours of electricity ‘‘(3) MITIGATION OR WAIVER.— ‘‘(h) STATE PROGRAMS.— produced from a facility (including a distrib- ‘‘(A) PENALTY.— ‘‘(1) IN GENERAL.—Nothing in this section uted generation facility) using geothermal ‘‘(i) IN GENERAL.—The Secretary may miti- diminishes any authority of a State or polit- energy; over gate or waive a civil penalty under this sub- ical subdivision of a State to adopt or en- ‘‘(ii) the average annual kilowatt hours section if the electric utility is unable to force any law or regulation respecting re- produced at such facility for 5 of the pre- comply with subsection (a) for a reason out- newable energy or the regulation of electric vious 7 calendar years before the date of en- side of the reasonable control of the utility. utilities, but, except as provided in sub- actment of this section after eliminating the ‘‘(ii) AMOUNT.—The Secretary shall reduce section (c)(3), no such law or regulation shall highest and the lowest kilowatt hour produc- the amount of any penalty determined under relieve any person of any requirement other- tion years in such 7-year period. paragraph (2) by the amount paid by the wise applicable under this section. The Sec- ‘‘(B) SPECIAL RULE.—A facility described in electric utility to a State for failure to com- retary, in consultation with States having subparagraph (A) that was placed in service

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7658 CONGRESSIONAL RECORD — SENATE June 13, 2007 at least 7 years before the date of enactment greater efficiency, and creating a Stra- fore that date, the credit associated with the of this section shall, commencing with the tegic Energy Efficiency and Renew- generation of clean energy under the con- year in which such date of enactment occurs, ables Reserve to invest in alternative tract is issued to the purchaser of the elec- reduce the amount calculated under subpara- energy, and for other purposes; as fol- tric energy, to the extent that the contract graph (A)(ii) each year, on a cumulative does not already provide for the allocation of basis, by the average percentage decrease in lows: the credit. the annual kilowatt hour production for the Beginning on page 1 of the amendment, ‘‘(3) DURATION.—A credit described in sub- 7-year period described in subparagraph line 2, strike everything after ‘‘TITLE’’ and paragraph (A), (B), or (C) of paragraph (2) (A)(ii) with such cumulative sum not to ex- insert the following: may only be used for compliance with this ceed 30 percent. VIII––FEDERAL CLEAN PORTFOLIO section during the 3-year period beginning on ‘‘(6) INCREMENTAL HYDROPOWER.—The term STANDARD the date of issuance of the credit. ‘incremental hydropower’ means additional SEC. 801. FEDERAL CLEAN PORTFOLIO STAND- ‘‘(4) TRANSFERS.—An electric utility that energy generated as a result of efficiency im- ARD. holds credits in excess of the quantity of provements or capacity additions made on or (a) IN GENERAL.—Title VI of the Public credits needed to comply with subsection (a) after January 1, 2001, or the effective date of Utility Regulatory Policies Act of 1978 (16 may transfer the credits to another electric an existing applicable State renewable port- U.S.C. 2601 et seq.) is amended by adding at utility in the same utility holding company folio standard program at a hydroelectric fa- the end the following: system. cility that was placed in service before that ‘‘SEC. 610. FEDERAL CLEAN PORTFOLIO STAND- ‘‘(5) DELEGATION OF MARKET FUNCTION.— date. The term does not include additional ARD. The Secretary may delegate to an appro- energy generated as a result of operational ‘‘(a) CLEAN ENERGY REQUIREMENT.— priate market-making entity the adminis- changes not directly associated with effi- ‘‘(1) IN GENERAL.—Each electric utility tration of a national tradeable clean energy ciency improvements or capacity additions. that sells electricity to electric consumers credit market for purposes of creating a Efficiency improvements and capacity addi- shall obtain a percentage of the base amount transparent national market for the sale or tions shall be measured on the basis of the of electricity it sells to electric consumers in trade of clean energy credits. same water flow information used to deter- any calendar year from new clean energy or ‘‘(6) CREDIT FOR STATE ALTERNATIVE COM- mine a historic average annual generation existing clean energy. The percentage ob- PLIANCE PAYMENTS AND OTHER FINANCIAL COM- baseline for the hydroelectric facility and tained in a calendar year shall not be less PLIANCE MECHANISMS.— certified by the Secretary or the Federal En- than the amount specified in the following ‘‘(A) IN GENERAL.—In the case of an electric ergy Regulatory Commission. table: utility subject to a State portfolio standard ‘‘(7) NEW RENEWABLE ENERGY.—The term ‘‘Calendar year: Minimum annual program that requires the generation of elec- ‘new renewable energy’ means— percentage: tricity from clean energy and makes alter- ‘‘(A) electric energy generated at a facility 2010 through 2012 ...... 5 native compliance payments under the pro- (including a distributed generation facility) 2013 through 2016 ...... 10 gram in satisfaction of applicable State re- placed in service on or after January 1, 2001, 2017 through 2019 ...... 15 quirements or complies by other financial from— 2020 through 2030 ...... 20 mechanisms, the Secretary shall issue clean ‘‘(i) solar, wind, or geothermal energy or ‘‘(2) MEANS OF COMPLIANCE.—An electric energy credits to the electric utility in an ocean energy; utility shall meet the requirements of para- amount that corresponds to the amount of ‘‘(ii) biomass (as defined in section 203(b) of graph (1) by— the State alternative compliance payment or the Energy Policy Act of 2005 (42 U.S.C. ‘‘(A) submitting to the Secretary clean en- other financial compliance mechanism as 15852(b)); ergy credits issued under subsection (b); though that payment or mechanism had ‘‘(iii) landfill gas; or ‘‘(B) making alternative compliance pay- been made to the Secretary under this sub- ‘‘(iv) incremental hydropower; and ments to the Secretary at the rate of 2 cents section. ‘‘(B) for electric energy generated at a fa- per kilowatt hour (as adjusted for inflation ‘‘(B) APPLICATION.—A clean energy credit cility (including a distributed generation fa- under subsection (g)); or issued under subparagraph (A) may be— cility) placed in service before January 1, ‘‘(C) a combination of activities described ‘‘(i) applied against the required annual 2001— in subparagraphs (A) and (B). percentage of an electric utility; or ‘‘(i) the additional energy above the aver- ‘‘(3) SPECIAL RULE.—Nothing in this section ‘‘(ii) transferred for use only by an asso- age generation during the period beginning authorizes or requires the Tennessee Valley ciate company of the electric utility. on January 1, 1998, and ending on January 1, Authority to make ‘‘any capital expenditure ‘‘(c) ENFORCEMENT.— 2001, at the facility from— on new generating capacity, except to the ‘‘(1) CIVIL PENALTIES.—Any electric utility ‘‘(I) solar or wind energy or ocean energy; extent that budget authority for the expend- that fails to meet the compliance require- ‘‘(II) biomass (as defined in section 203(b) iture is provided in advance in an appropria- ments of subsection (a) shall be subject to a of the Energy Policy Act of 2005 (42 U.S.C. tions Act’’. civil penalty. 15852(b)); ‘‘(b) CLEAN ENERGY CREDIT TRADING PRO- ‘‘(2) AMOUNT OF PENALTY.—The amount of ‘‘(III) landfill gas; or GRAM.— the civil penalty shall be determined by mul- ‘‘(IV) incremental hydropower; and ‘‘(1) IN GENERAL.—Not later than July 1, tiplying the number of kilowatt-hours of ‘‘(ii) incremental geothermal production. 2009, the Secretary shall establish a clean en- electric energy sold to electric consumers in ‘‘(8) OCEAN ENERGY.—The term ‘ocean en- ergy credit trading program under which violation of subsection (a) by the greater of— ergy’ includes current, wave, tidal, and ther- electric utilities shall submit to the Sec- ‘‘(A) the value of the alternative compli- mal energy. retary clean energy credits to certify the ance payment, as adjusted to reflect changes ‘‘(j) SUNSET.—This section expires on De- compliance of the electric utilities with re- for the 12-month period ending the preceding cember 31, 2030.’’. spect to obligations under subsection (a)(1). November 30 in the Consumer Price Index for (b) TABLE OF CONTENTS AMENDMENT.—The ‘‘(2) ADMINISTRATION.—As part of the pro- All Urban Consumers published by the Bu- table of contents of the Public Utility Regu- gram, the Secretary shall— reau of Labor Statistics of the Department latory Policies Act of 1978 (16 U.S.C. prec. ‘‘(A) issue tradeable clean energy credits to of Labor; or 2601) is amended by adding at the end of the generators of electric energy from new clean ‘‘(B) 200 percent of the average market items relating to title VI the following: energy; value of clean energy credits during the year ‘‘Sec. 610. Federal renewable part folio ‘‘(B) issue nontradeable clean energy cred- in which the violation occurred. standard.’’. its to generators of electric energy from ex- ‘‘(3) PROCEDURE FOR ASSESSING PENALTY.— isting clean energy; Subject to subsection (h)(2), the Secretary SA 1538. Mr. MCCONNELL (for Mr. ‘‘(C) issue clean energy credits to electric shall assess a civil penalty under this sub- section in accordance with the procedures DOMENICI (for himself, Mr. CRAIG, Mr. utilities associated with State portfolio standard compliance mechanisms pursuant prescribed by section 333(d) of the Energy BENNETT, Mr. CRAPO, Mr. GRAHAM, and to paragraph (6); Policy and Conservation Act of 1954 (42 Ms. MURKOWSKI)) proposed an amend- ‘‘(D) ensure that a kilowatt hour, including U.S.C. 6303). ment to be proposed to amendment SA the associated clean energy credit, shall be ‘‘(d) STATE CLEAN ENERGY ACCOUNT PRO- 1537 proposed by Mr. REID (for Mr. used only once for purposes of compliance GRAM.— BINGAMAN (for himself, Mr. REID, Mr. with this Act; ‘‘(1) IN GENERAL.—There is established in CARDIN, Mr. SALAZAR, Ms. SNOWE, and ‘‘(E) allow double credits for generation the Treasury a State clean energy account Mr. DURBIN)) to the amendment SA from facilities on Indian land, and triple program. 1502 proposed by Mr. REID to the bill credits for generation from small renewable ‘‘(2) DEPOSITS.—All money collected by the H.R. 6, to reduce our Nation’s depend- distributed generators (meaning those no Secretary from the sale of clean energy cred- larger than 1 megawatt); and its, the provision of alternative compliance ency on foreign oil by investing in ‘‘(F) ensure that, with respect to a pur- payments, and the assessment of civil pen- clean, renewable, and alternative en- chaser that, as of the date of enactment of alties under this section shall be deposited ergy resources, promoting new emerg- this section, has a purchase agreement from into the clean energy account established ing energy technologies, developing a clean energy facility placed in service be- pursuant to this subsection.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7659

‘‘(3) TRANSFER.—Amounts deposited in the ‘‘(3) DISTRIBUTED GENERATION FACILITY.— ‘‘(v) new nuclear generation; State clean energy account shall be trans- The term ‘distributed generation facility’ ‘‘(vi) a fuel cell; ferred, subject to appropriations, to the means a facility at a customer site. ‘‘(vii) energy efficiency or demand response State in which the amounts were collected. ‘‘(4) ENERGY EFFICIENCY.—The term ‘energy as result of programs conducted by the elec- ‘‘(4) USE.—Amounts transferred to a State efficiency’ means— tric utility, as measured and verified by a under paragraph (3) shall be used by the ‘‘(A) demand response; or method acceptable to the Secretary; State for the purposes of promoting clean en- ‘‘(B) the use of less energy in homes, build- ‘‘(viii) an inherently low-emission tech- ergy production, including programs that ings, or industry through methods such as nology that captures and stores carbon; or promote technologies that reduce the use of the installation of more efficient equipment, ‘‘(ix) such other clean energy sources as electricity at customer sites. appliances, or other technologies to achieve the Secretary determines, by regulation, will ‘‘(e) RULES.—The Secretary shall issue the same level of function or economic activ- advance the goals of this section; and rules implementing this section not later ity achieved on the date of enactment of this ‘‘(B) for electric energy generated at a fa- than 1 year after the date of enactment of section. cility (including a distributed generation fa- this section. ‘‘(5) EXISTING CLEAN ENERGY.—The term cility) placed in service before January 1, ‘‘(f) EXEMPTIONS.—This section shall not ‘existing clean energy’ means, except as pro- 2001— apply in any calendar year to an electric vided in paragraph (9)(B), electric energy ‘‘(i) the additional energy above the aver- utility— generated at a facility (including a distrib- age generation during the period beginning ‘‘(1) that sold less than 4,000,000 megawatt- uted generation facility) placed in service on January 1, 1998, and ending on January 1, hours of electric energy to electric con- prior to January 1, 2001, from solar, wind, or 2001, at the facility from— sumers during the preceding calendar year; geothermal energy, ocean energy, biomass ‘‘(I) solar or wind energy or ocean energy; or (as defined in section 203(a) of the Energy ‘‘(II) biomass (as defined in section 203(b) ‘‘(2) in Hawaii. Policy Act of 2005 (42 U.S.C. 15852(a))), or of the Energy Policy Act of 2005 (42 U.S.C. ‘‘(g) INFLATION ADJUSTMENT.—Not later landfill gas. 15852(b)); than December 31 of each year beginning in ‘‘(6) GEOTHERMAL ENERGY.—The term ‘geo- ‘‘(III) landfill gas; 2008, the Secretary shall adjust for inflation thermal energy’ means energy derived from ‘‘(IV) incremental hydropower; or the rate of alternative compliance payments a geothermal deposit (within the meaning of ‘‘(V) nuclear generation; or under subsection (a)(2)(B) and the amount of section 613(e)(2) of the Internal Revenue Code ‘‘(ii) incremental geothermal production. the civil penalty per kilowatt-hour under of 1986). ‘‘(10) OCEAN ENERGY.—The term ‘ocean en- subsection (c)(2). ‘‘(7) INCREMENTAL GEOTHERMAL PRODUC- ergy’ includes current, wave, tidal, and ther- ‘‘(h) WAIVER.— TION.— mal energy.’’. ‘‘(1) IN GENERAL.—The Secretary may ‘‘(A) IN GENERAL.—The term ‘incremental (b) TABLE OF CONTENTS AMENDMENT.—The waive the compliance requirements of sub- geothermal production’ means for any year table of contents of the Public Utility Regu- section (a) with respect to an electric utility the excess of— latory Policies Act of 1978 (16 U.S.C. prec. if the Secretary determines that the electric ‘‘(i) the total kilowatt hours of electricity 2601) is amended by adding at the end of the utility cannot meet the requirements for produced from a facility (including a distrib- items relating to title VI the following: reason of force majeure in effect on any date uted generation facility) using geothermal after the date that is 5 years before the date energy; over ‘‘Sec. 610. Federal clean portfolio stand- of enactment of this section. ‘‘(ii) the average annual kilowatt hours ard.’’. ‘‘(2) CIVIL PENALTIES.— produced at such facility for 5 of the pre- ‘‘(A) IN GENERAL.—The Secretary may vious 7 calendar years before the date of en- SA 1539. Mr. AKAKA (for himself, Ms. mitigate or waive a civil penalty under sub- actment of this section after eliminating the MURKOWSKI, and Ms. SNOWE) submitted section (c) if the electric utility was unable highest and the lowest kilowatt hour produc- to comply with subsection (a) for reasons tion years in such 7-year period. an amendment intended to be proposed outside of the reasonable control of the util- ‘‘(B) SPECIAL RULE.—A facility described in by him to the bill H.R. 6, to reduce our ity in effect after the date of enactment of subparagraph (A) that was placed in service Nation’s dependency on foreign oil by this section. at least 7 years before the date of enactment investing in clean, renewable, and al- ‘‘(B) AMOUNT OF REDUCTION.—The Sec- of this section shall commencing with the ternative energy resources, promoting retary shall reduce the amount of any pen- year in which such date of enactment occurs, new emerging energy technologies, de- alty determined under subsection (c)(2) by an reduce the amount calculated under subpara- veloping greater efficiency, and cre- amount paid by the electric utility to a graph (A)(ii) each year, on a cumulative State for failure to comply with the require- basis, by the average percentage decrease in ating a Strategic Energy Efficiency ment of a State clean energy program. the annual kilowatt hour production for the and Renewables Reserve to invest in al- ‘‘(i) GOVERNOR CERTIFICATION.—On submis- 7-year period described in subparagraph ternative energy, and for other pur- sion by the Governor of a State to the Sec- (A)(ii) with such cumulative sum not to ex- poses; which was ordered to lie on the retary of a notification that the State has in ceed 30 percent. table; as follows: effect, and is enforcing, a State portfolio ‘‘(8) INCREMENTAL HYDROPOWER.—The term At the appropriate place, insert the fol- standard that substantially contributes to ‘incremental hydropower’ means additional lowing: the overall goals of the Federal clean port- energy generated as a result of efficiency im- folio standard under this section, the State provements or capacity additions made on or TITLE l—MARINE AND HYDROKINETIC may elect not to participate in the program after January 1, 2001, or the effective date of RENEWABLE ENERGY PROMOTION under this section. an existing applicable State clean portfolio SEC. l01. DEFINITION. ‘‘(j) DEFINITIONS.—In this section: standard program at a hydroelectric facility For purposes of this title, the term ‘‘ma- ‘‘(1) BASE AMOUNT OF ELECTRICITY.—The that was placed in service before that date. rine and hydrokinetic renewable energy’’ term ‘base amount of electricity’ means the The term does not include additional energy means electrical energy from— total amount of electricity sold by an elec- generated as a result of operational changes (1) waves, tides, and currents in oceans, es- tric utility to electric consumers in a cal- not directly associated with efficiency im- tuaries, and tidal areas; endar year, excluding— provements or capacity additions. Efficiency (2) free flowing water in rivers, lakes, and ‘‘(A) electricity generated by a hydro- improvements and capacity additions shall streams; electric facility (including a pumped storage be measured on the basis of the same water (3) free flowing water in man-made chan- facility but excluding incremental hydro- flow information used to determine a his- nels, including projects that utilize non- power); toric average annual generation baseline for mechanical structures to accelerate the flow ‘‘(B) electricity generated through the in- the hydroelectric facility and certified by of water for electric power production pur- cineration of municipal solid waste; and the Secretary or the Federal Energy Regu- poses; and ‘‘(C) except as provided in paragraph (9), latory Commission. (4) differentials in ocean temperature electricity generated from nuclear power. ‘‘(9) NEW CLEAN ENERGY.—The term ‘new (ocean thermal energy conversion). ‘‘(2) DEMAND RESPONSE.—The term ‘demand clean energy’ means— response’ means a reduction in electricity ‘‘(A) electric energy generated at a facility The term shall not include energy from any usage by end-use customers as compared to (including a distributed generation facility) source that utilizes a dam, diversionary the normal consumption patterns of the cus- placed in service on or after January 1, 2001, structure, or impoundment for electric tomers, or shifts in electric usage by end-use from— power purposes, except as provided in para- customers from on-peak hours of an electric ‘‘(i) solar, wind, or geothermal energy or graph (3). utility to off-peak hours of an electric util- ocean energy; SEC. l02. RESEARCH AND DEVELOPMENT. ity that do not result in increased usage, in ‘‘(ii) biomass (as defined in section 203(b) of (a) PROGRAM.—The Secretary of Energy, in response to an incentive payment or a pro- the Energy Policy Act of 2005 (42 U.S.C. consultation with the Secretary of Com- gram to reduce electricity use at any time at 15852(b)); merce and the Secretary of the Interior, which— ‘‘(iii) landfill gas; shall establish a program of marine and ‘‘(A) wholesale market prices are high; or ‘‘(iv) new hydropower that does not require hydrokinetic renewable energy research fo- ‘‘(B) system reliability is jeopardized. the construction of any dam; cused on—

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7660 CONGRESSIONAL RECORD — SENATE June 13, 2007 (1) developing and demonstrating marine count the economic viability of the loan re- statement under section 102 of the National and hydrokinetic renewable energy tech- cipient and ensures regular and timely re- Environmental Policy Act of 1969 (42 U.S.C. nologies; payment of the loan. 4332), regarding the impacts of the deploy- (2) reducing the manufacturing and oper- (2) BEGINNING OF REPAYMENT PERIOD.—No ment of marine and hydrokinetic renewable ation costs of marine and hydrokinetic re- repayments shall be required under this sub- energy technologies in the navigable waters newable energy technologies; section until after the project generates net of the United States. One programmatic en- (3) increasing the reliability and surviv- proceeds. For purposes of this paragraph, the vironmental impact statement shall be pre- ability of marine and hydrokinetic renew- term ‘‘net proceeds’’ means proceeds from pared under this section for each of the Envi- able energy facilities; the commercial sale of electricity after pay- ronmental Protection Agency regions of the (4) integrating marine and hydrokinetic re- ment of project-related costs, including United States. The agencies shall issue the newable energy into electric grids; taxes and regulatory fees that have not been programmatic environmental impact state- (5) identifying opportunities for cross fer- paid using funds from a loan provided for the ments under this section not later than 18 tilization and development of economies of project under this section. months after the date of enactment of this scale between offshore wind and marine and (3) TERMINATION.—Repayment of a loan Act. The programmatic environmental im- hydrokinetic renewable energy sources; made under this section shall terminate as of pact statements shall evaluate among other (6) identifying, in consultation with the the date that the project for which the loan things the potential impacts of site selection Secretary of Commerce and the Secretary of was provided ceases commercial generation on fish and wildlife and related habitat. the Interior, the environmental impacts of of electricity if a governmental permitting Nothing in this section shall operate to marine and hydrokinetic renewable energy authority has ordered the closure of the fa- delay consideration of any application for a technologies and ways to address adverse im- cility because of a finding that the project license or permit for a marine and pacts, and providing public information con- has unacceptable adverse environmental im- hydrokinetic renewable energy technology cerning technologies and other means avail- pacts, except that the Secretary shall re- project. able for monitoring and determining envi- quire a loan recipient to continue making ronmental impacts; and loan repayments for the cost of equipment, SA 1540. Mr. CARPER (for himself (7) standards development, demonstration, obtained using funds from the loan that have and Mr. BIDEN) submitted an amend- and technology transfer for advanced sys- not otherwise been repaid under rules estab- ment intended to be proposed to tems engineering and system integration lished by the Secretary, that is utilized in a amendment SA 1502 proposed by Mr. methods to identify critical interfaces. subsequent project for the commercial gen- REID to the bill H.R. 6, to reduce our (b) AUTHORIZATION OF APPROPRIATIONS.— eration of electricity. Nation’s dependency on foreign oil by There are authorized to be appropriated to (f) ADAPTIVE MANAGEMENT PLAN.—In order the Secretary of Energy for carrying out this to receive a loan under this section, an appli- investing in clean, renewable, and al- section $50,000,000 for each of the fiscal years cant for a Federal license or permit to con- ternative energy resources, promoting 2008 through 2017. struct, operate, or maintain a marine or new emerging energy technologies, de- SEC. l03. ADAPTIVE MANAGEMENT AND ENVI- hydrokinetic renewable energy project shall veloping greater efficiency, and cre- RONMENTAL FUND. provide to the Federal agency with primary ating a Strategic Energy Efficiency (a) FINDINGS.—The Congress finds that— jurisdiction to issue such license or permit and Renewables Reserve to invest in al- (1) the use of marine and hydrokinetic re- an adaptive management plan for the pro- ternative energy, and for other pur- posed project. Such plan shall— newable energy technologies can avoid con- poses; which was ordered to lie on the tributions to global warming gases, and such (1) be prepared in consultation with other technologies can be produced domestically; parties to the permitting or licensing pro- table; as follows: (2) marine and hydrokinetic renewable en- ceeding, including all Federal, State, munic- On page 59, after line 21, add the following: ergy is a nascent industry; and ipal, and tribal agencies with authority SEC. 151. STUDY OF OFFSHORE WIND RE- (3) the United States must work to pro- under applicable Federal law to require or SOURCES. mote new renewable energy technologies recommend design or operating conditions, (a) DEFINITIONS.—In this section: that reduce contributions to global warming for protection, mitigation, and enhancement (1) DIRECTOR.—The term ‘‘Director’’ means gases and improve our country’s domestic of fish and wildlife resources, water quality, the Director of the Minerals Management energy production in a manner that is con- navigation, public safety, land reservations, Service. sistent with environmental protection, or recreation, for incorporation into the per- (2) ELIGIBLE INSTITUTION.—The term ‘‘eligi- recreation, and other public values. mit or license; ble institution’’ means a college or univer- (b) ESTABLISHMENT.—The Secretary of En- (2) set forth specific and measurable objec- sity that— ergy shall establish an Adaptive Manage- tives for the protection, mitigation, and en- (A) as of the date of enactment of this Act, ment and Environmental Fund, and shall hancement of fish and wildlife resources, has an offshore wind power research pro- lend amounts from that fund to entities de- water quality, navigation, public safety, land gram; and scribed in subsection (f) to cover the costs of reservations, or recreation, as required or (B) is located in a region of the United projects that produce marine and recommended by governmental agencies de- States that is in reasonable proximity to the hydrokinetic renewable energy. Such costs scribed in paragraph (1), and shall require eastern outer Continental Shelf, as deter- include design, fabrication, deployment, op- monitoring to ensure that these objectives mined by the Director. eration, monitoring, and decommissioning are met; (b) STUDY.—The Director, in cooperation costs. Loans under this section may be sub- (3) provide specifically for the modification with an eligible institution, as selected by ordinate to project-related loans provided by or, if necessary, removal of the marine or the Director, shall conduct a study to assess commercial lending institutions to the ex- hydrokinetic renewable energy project based each offshore wind resource located in the tent the Secretary of Energy considers ap- on findings by the licensing or permitting region of the eastern outer Continental propriate. agency that the marine or hydrokinetic re- Shelf. (c) REPORT.—Upon completion of the study (c) REASONABLE ACCESS.—As a condition of newable energy project has not attained or under subsection (b), the Director shall sub- receiving a loan under this section, a recipi- will not attain the specific and measurable mit to Congress a report that includes— ent shall provide reasonable access, to Fed- objectives set forth in paragraph (2); and (1) a description of— eral or State agencies and other research in- (4) be approved and incorporated in the (A) the locations and total power genera- stitutions as the Secretary considers appro- Federal license or permit. priate, to the project area and facilities for (g) SUNSET.—The Secretary of Energy shall tion resources of the best offshore wind re- the purposes of independent environmental transmit a report to the Congress when the sources located in the region of the eastern research. Secretary of Energy determines that the outer Continental Shelf, as determined by (d) PUBLIC AVAILABILITY.—The results of technologies supported under this title have the Director; any assessment or demonstration paid for, in achieved a level of maturity sufficient to en- (B) based on conflicting zones relating to whole or in part, with funds provided under able the expiration of the programs under any infrastructure that, as of the date of en- this section shall be made available to the this title. The Secretary of Energy shall not actment of this Act, is located in close prox- public, except to the extent that they con- make any new loans under this section after imity to any offshore wind resource, the tain information that is protected from dis- the report is transmitted under this sub- likely exclusion zones of each offshore wind closure under section 552(b) of title 5, United section. resource described in subparagraph (A); States Code. SEC. l04. PROGRAMMATIC ENVIRONMENTAL IM- (C) the relationship of the temporal vari- (e) REPAYMENT OF LOANS.— PACT STATEMENT. ation of each offshore wind resource de- (1) IN GENERAL.—The Secretary of Energy The Secretary of Commerce and the Sec- scribed in subparagraph (A) with— shall require a recipient of a loan under this retary of the Interior shall, in cooperation (i) any other offshore wind resource; and section to repay the loan, plus interest at a with the Federal Energy Regulatory Com- (ii) with loads and corresponding system rate of 2.1 percent per year, over a period not mission and the Secretary of Energy, and in operator markets; to exceed 20 years, beginning after the com- consultation with appropriate State agen- (D) the geological compatibility of each mercial generation of electric power from cies, jointly prepare programmatic environ- offshore wind resource described in subpara- the project commences. Such repayment mental impact statements which contain all graph (A) with any potential technology re- shall be required at a rate that takes into ac- the elements of an environmental impact lating to sea floor towers; and

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7661 (E) with respect to each area in which an SA 1543. Mr. BAYH (for himself, Mr. cost of goods sold for such taxable year, the offshore wind resource described in subpara- BROWNBACK, Mr. LIEBERMAN, Mr. COLE- taxpayer’s gross income for such taxable graph (A) is located, the relationship of the MAN, and Mr. SALAZAR) submitted an year shall be increased by the amount of authority under any coastal management amendment intended to be proposed to such excess. plan of the State in which the area is located amendment SA 1502 proposed by Mr. (b) LAYER ADJUSTMENT AMOUNT.—For pur- with the Federal Government; and poses of this section— REID to the bill H.R. 6, to reduce our (2) recommendations on the manner by (1) IN GENERAL.—The term ‘‘layer adjust- which to handle offshore wind intermittence. Nation’s dependency on foreign oil by ment amount’’ means, with respect to any (d) AUTHORIZATION OF APPROPRIATIONS.— investing in clean, renewable, and al- historic LIFO layer, the product of— There is authorized to be appropriated to ternative energy resources, promoting (A) $18.75, and carry out this section $5,000,000, to remain new emerging energy technologies, de- (B) the number of barrels of crude oil (or in available until expended. veloping greater efficiency, and cre- the case of natural gas or other petroleum SA 1541. Mr. SMITH (for himself, Ms. ating a Strategic Energy Efficiency products, the number of barrel-of-oil equiva- lents) represented by the layer. CANTWELL, Ms. MURKOWSKI, and Mr. and Renewables Reserve to invest in al- (2) BARREL-OF-OIL EQUIVALENT.—The term WYDEN) submitted an amendment in- ternative energy, and for other pur- poses; which was ordered to lie on the ‘‘barrel-of-oil equivalent’’ has the meaning tended to be proposed to amendment given such term by section 45K. EID table; as follows: SA 1502 proposed by Mr. R to the (c) APPLICATION OF REQUIREMENT.— bill H.R. 6, to reduce our Nation’s de- On page 262, line 16, strike ‘‘(8)’’ and insert ‘‘(16)’’. (1) NO CHANGE IN METHOD OF ACCOUNTING.— pendency on foreign oil by investing in On page 262, strike lines 17 and 18, and in- Any adjustment required by this section clean, renewable, and alternative en- sert the following: shall not be treated as a change in method of ergy resources, promoting new emerg- ‘‘(17) ‘E85’ means a fuel blend containing 85 accounting. ing energy technologies, developing percent ethanol and 15 percent gasoline by (2) UNDERPAYMENTS OF ESTIMATED TAX.—No greater efficiency, and creating a Stra- volume. addition to the tax shall be made under sec- tegic Energy Efficiency and Renew- ‘‘(18) ‘flexible fuel automobile’ means— tion 6655 (relating to failure by corporation ables Reserve to invest in alternative ‘‘(A) a GEM flex fuel vehicle; or to pay estimated tax) with respect to any underpayment of an installment required to energy, and for other purposes; which ‘‘(B) a vehicle warranted by the manufac- turer to operate on biodiesel. be paid with respect to the taxable year de- was ordered to lie on the table; as fol- ‘‘(19) ‘GEM flex fuel vehicle’ means a scribed in subsection (a) to the extent such lows: motor vehicle warranted by the manufac- underpayment was created or increased by On page 47, after line 23, insert the fol- turer to operate on gasoline and E85 and M85. this section. lowing: ‘‘(20) ‘M85’ means a fuel blend containing 85 SEC. 803. MODIFICATIONS OF FOREIGN TAX SEC. 131. NATIONAL OCEAN ENERGY RESEARCH percent methanol and 15 percent gasoline by CREDIT RULES APPLICABLE TO CENTERS. volume.’’. MAJOR INTEGRATED OIL COMPA- (a) IN GENERAL.—Subject to the avail- NIES WHICH ARE DUAL CAPACITY ability of appropriations under subsection SA 1544. Mr. CASEY (for himself and TAXPAYERS. (d), the Secretary shall establish not less Mr. WEBB) submitted an amendment (a) IN GENERAL.—Section 901 (relating to than 1, and not more than 6, national ocean intended to be proposed to amendment credit for taxes of foreign countries and of energy research centers at institutions of SA 1502 proposed by Mr. REID to the possessions of the United States) is amended higher education for the purpose of con- bill H.R. 6, to reduce our Nation’s de- by redesignating subsection (m) as sub- ducting research, development, demonstra- pendency on foreign oil by investing in section (n) and by inserting after subsection tion, and testing of ocean energy tech- (l) the following new subsection: nologies and associated equipment. clean, renewable, and alternative en- (b) EVALUATIONS.—Each Center shall (in ergy resources, promoting new emerg- ‘‘(m) SPECIAL RULES RELATING TO MAJOR consultation with developers, utilities, and ing energy technologies, developing INTEGRATED OIL COMPANIES WHICH ARE DUAL manufacturers) conduct evaluations of tech- greater efficiency, and creating a Stra- CAPACITY TAXPAYERS.— nologies and equipment described in sub- tegic Energy Efficiency and Renew- ‘‘(1) GENERAL RULE.—Notwithstanding any section (a). ables Reserve to invest in alternative other provision of this chapter, any amount (c) LOCATION.—In establishing centers paid or accrued by a dual capacity taxpayer under this section, the Secretary shall locate energy, and for other purposes; which which is a major integrated oil company (as the centers in coastal regions of the United was ordered to lie on the table; as fol- defined in section 167(h)(5)(B)) to a foreign State in a manner that, to the maximum ex- lows: country or possession of the United States tent practicable, is geographically dispersed. At the end, add the following: for any period shall not be considered a tax— (d) AUTHORIZATION OF APPROPRIATIONS.— TITLE VIII—ENERGY SECURITY AND ‘‘(A) if, for such period, the foreign country There are authorized to be appropriate such CORPORATE ACCOUNTABILITY or possession does not impose a generally ap- sums as are necessary to carry out this sec- SEC. 801. SHORT TITLE; AMENDMENT OF 1986 plicable income tax, or tion. CODE. ‘‘(B) to the extent such amount exceeds the (a) SHORT TITLE.—This title may be cited amount (determined in accordance with reg- SA 1542. Mr. BROWNBACK submitted as the ‘‘Energy Security and Corporate Ac- ulations) which— an amendment intended to be proposed countability Act of 2007’’. ‘‘(i) is paid by such dual capacity taxpayer to amendment SA 1502 proposed by Mr. (b) AMENDMENT OF 1986 CODE.—Except as pursuant to the generally applicable income otherwise expressly provided, whenever in REID to the bill H.R. 6, to reduce our tax imposed by the country or possession, or this title an amendment or repeal is ex- Nation’s dependency on foreign oil by ‘‘(ii) would be paid if the generally applica- pressed in terms of an amendment to, or re- ble income tax imposed by the country or investing in clean, renewable, and al- peal of, a section or other provision, the ref- ternative energy resources, promoting possession were applicable to such dual ca- erence shall be considered to be made to a pacity taxpayer. new emerging energy technologies, de- section or other provision of the Internal veloping greater efficiency, and cre- Revenue Code of 1986. Nothing in this paragraph shall be construed SEC. 802. REVALUATION OF LIFO INVENTORIES to imply the proper treatment of any such ating a Strategic Energy Efficiency amount not in excess of the amount deter- and Renewables Reserve to invest in al- OF MAJOR INTEGRATED OIL COMPA- NIES. mined under subparagraph (B). ternative energy, and for other pur- (a) GENERAL RULE.—Notwithstanding any ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- poses; which was ordered to lie on the other provision of law, if a taxpayer is a poses of this subsection, the term ‘dual ca- table; as follows: major integrated oil company (as defined in pacity taxpayer’ means, with respect to any On page 161, between lines 2 and 3, insert section 167(h)(5)(B)) for its last taxable year foreign country or possession of the United the following: ending in calendar year 2006, the taxpayer States, a person who— SEC. 269. AGRICULTURAL BYPRODUCT USE EXPO- shall— ‘‘(A) is subject to a levy of such country or SITION. (1) increase, effective as of the close of possession, and The Secretary of Agriculture shall estab- such taxable year, the value of each historic ‘‘(B) receives (or will receive) directly or lish a program under which the Secretary of LIFO layer of inventories of crude oil, nat- indirectly a specific economic benefit (as de- Agriculture shall develop, solicit applica- ural gas, or any other petroleum product termined in accordance with regulations) tions for participation in, advertise, and (within the meaning of section 4611) by the from such country or possession. host, at such location as the Secretary deter- layer adjustment amount, and ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— mines to be appropriate, an exposition at (2) decrease its cost of goods sold for such For purposes of this subsection— which entities can demonstrate new prod- taxable year by the aggregate amount of the ‘‘(A) IN GENERAL.—The term ‘generally ap- ucts, such as plastics, carpets, disposable increases under paragraph (1). plicable income tax’ means an income tax dishes, and cosmetics, produced by the enti- If the aggregate amount of the increases (or a series of income taxes) which is gen- ties from agricultural byproducts. under paragraph (1) exceed the taxpayer’s erally imposed under the laws of a foreign

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7662 CONGRESSIONAL RECORD — SENATE June 13, 2007

country or possession on income derived (2) MATTERS TO BE ADJUSTED.—The adjust- price for automobiles, and the point of order from the conduct of a trade or business with- ments referred to in paragraph (1) are to be is sustained by the Presiding Officer, the in such country or possession. made to— Senate shall cease consideration of the legis- ‘‘(B) EXCEPTIONS.—Such term shall not in- (A) the discretionary spending limits, if lation. clude a tax unless it has substantial applica- any, set forth in the appropriate concurrent (2) DETERMINATION.—The determination de- tion, by its terms and in practice, to— resolution on the budget, scribed in this paragraph means a determina- ‘‘(i) persons who are not dual capacity tax- (B) the allocations made pursuant to the tion by the Director of the Congressional payers, and appropriate concurrent resolution on the Budget Office, in consultation with the En- ‘‘(ii) persons who are citizens or residents budget pursuant to section 302(a) of the Con- ergy Information Administration and other of the foreign country or possession.’’. gressional Budget Act of 1974 (2 U.S.C. appropriate Government agencies, that is (b) EFFECTIVE DATE.— 633(a)), and made upon the request of a Senator for re- (1) IN GENERAL.—The amendments made by (C) the budget aggregates contained in the view of legislation, that the legislation, or this section shall apply to taxes paid or ac- appropriate concurrent resolution on the part of the legislation, would, if enacted, re- crued in taxable years beginning after the budget as required by section 301(a) of the sult in an increase in the national average date of the enactment of this Act. Congressional Budget Act of 1974 (2 U.S.C. fuel price for automobiles. (2) CONTRARY TREATY OBLIGATIONS 632(a)). (3) LEGISLATION.—In this section the term UPHELD.—The amendments made by this sec- (3) AMOUNTS OF ADJUSTMENTS.—The adjust- ‘‘legislation’’ means a bill, joint resolution, tion shall not apply to the extent contrary ments referred to in paragraphs (1) and (2) amendment, motion, or conference report. to any treaty obligation of the United shall not exceed the receipts estimated by (b) WAIVERS AND APPEALS.— States. the Congressional Budget Office that are at- (1) WAIVERS.—Before the Presiding Officer SEC. 804. 7-YEAR AMORTIZATION OF GEOLOGICAL tributable to sections 802, 803, 804, and 805 rules on a point of order described in sub- AND GEOPHYSICAL EXPENDITURES (and the amendments made by such sections) section (a)(1), any Senator may move to FOR CERTAIN MAJOR INTEGRATED waive the point of order and the motion to OIL COMPANIES. for the fiscal year in which the adjustments are made. waive shall not be subject to amendment. A (a) IN GENERAL.—Subparagraph (A) of sec- tion 167(h)(5) (relating to special rule for point of order described in subsection (a)(1) major integrated oil companies) is amended SA 1545. Mr. ENZI submitted an is waived only by the affirmative vote of 60 by striking ‘‘5-year’’ and inserting ‘‘7-year’’. amendment intended to be proposed to Members of the Senate, duly chosen and (b) EFFECTIVE DATE.—The amendment amendment SA 1502 proposed by Mr. sworn. (2) APPEALS.—After the Presiding Officer made by this section shall apply to amounts REID to the bill H.R. 6, to reduce our rules on a point of order described in sub- paid or incurred after the date of the enact- Nation’s dependency on foreign oil by ment of this Act. section (a)(1), any Senator may appeal the investing in clean, renewable, and al- SEC. 805. SUSPENSION OF ROYALTY RELIEF. ruling of the Presiding Officer on the point (a) REPEALS.—Sections 344 and 345 of the ternative energy resources, promoting of order as it applies to some or all of the Energy Policy Act of 2005 (42 U.S.C. 15904, new emerging energy technologies, de- provisions on which the Presiding Officer 15905) are repealed. veloping greater efficiency, and cre- ruled. A ruling of the Presiding Officer on a (b) TERMINATION OF ALASKA OFFSHORE ROY- ating a Strategic Energy Efficiency point of order described in subsection (a)(1) ALTY SUSPENSION.—Section 8(a)(3)(B) of the and Renewables Reserve to invest in al- is sustained unless 60 Members of the Senate, Outer Continental Shelf Lands Act (43 U.S.C. ternative energy, and for other pur- duly chosen and sworn, vote not to sustain 1337(a)(3)(B)) is amended by striking ‘‘and in the ruling. the Planning Areas offshore Alaska’’. poses; which was ordered to lie on the (3) DEBATE.—Debate on the motion to SEC. 806. NATIONAL ENERGY SECURITY RE- table; as follows: waive under paragraph (1) or on an appeal of SEARCH AND INVESTMENT RE- On page 21, strike lines 7 through 11 and in- the ruling of the Presiding Officer under SERVE. sert the following: paragraph (2) shall be limited to 1 hour. The (a) ESTABLISHMENT.—For budgetary pur- (B) implementation of the requirement time shall be equally divided between, and poses, for each fiscal year, an amount equal would significantly increase the price of ag- controlled by, the Majority leader and the to the total net amount of savings to the ricultural food products or livestock feed Minority Leader of the Senate, or their des- Federal Government for the fiscal year re- products; ignees. sulting from the amendments made by sec- (C) implementation of the requirement tions 802, 803, 804, and 805, as determined by would have a significantly detrimental im- SA 1547. Mr. TESTER (for himself, the Secretary of the Treasury, shall be held pact on the deliverability of materials, Mr. BINGAMAN, Mr. REID, Ms. MUR- in a separate account in the Treasury of the goods, and products (other than renewable United States, to be known as the ‘‘National fuel), by rail or truck; or KOWSKI, Mr. STEVENS, Mr. SALAZAR, Mr. Energy Security Research and Investment (D) extreme and unusual circumstances AKAKA, Mr. SANDERS, and Ms. SNOWE) Reserve’’ (referred to in this section as the exist that prevent distribution of an ade- submitted an amendment intended to ‘‘Reserve’’). quate supply of domestically-produced re- be proposed to amendment SA 1502 pro- (b) USE.—Of the amounts in the Reserve— newable fuel to consumers in the United (1) 50 percent shall be available to offset posed by Mr. REID to the bill H.R. 6, to States. the cost of legislation enacted after the date reduce our Nation’s dependency on for- of enactment of this Act to carry out energy eign oil by investing in clean, renew- SA 1546. Mr. DEMINT submitted an research in the United States, including re- able, and alternative energy resources, amendment intended to be proposed to search relating to— promoting new emerging energy tech- amendment SA 1502 proposed by Mr. (A) ethanol, and nologies, developing greater efficiency, REID to the bill H.R. 6, to reduce our (B) biodiesel, and and creating a Strategic Energy Effi- Nation’s dependency on foreign oil by (2) 50 percent shall be available to offset ciency and Renewables Reserve to in- the cost of legislation enacted after the date investing in clean, renewable, and al- vest in alternative energy, and for of enactment of this Act to carry out the de- ternative energy resources, promoting other purposes; which was ordered to velopment, purchase, and installation of in- new emerging energy technologies, de- lie on the table; as follows: frastructure (including new fueling pumps, veloping greater efficiency, and cre- retrofitting of existing fueling pumps, and ating a Strategic Energy Efficiency At the end, add the following: equipment necessary for the transportation TITLE VIII—GEOTHERMAL ENERGY of biofuels) necessary to deliver new fuels to and Renewables Reserve to invest in al- consumers. ternative energy, and for other pur- SEC. 801. SHORT TITLE. (c) PROCEDURE FOR ADJUSTMENTS.— poses; which was ordered to lie on the This title may be cited as the ‘‘National (1) BUDGET COMMITTEE CHAIRMAN.—After table; as follows: Geothermal Initiative Act of 2007’’. the reporting of a bill or joint resolution, or At the appropriate place, insert the fol- SEC. 802. FINDINGS. the offering of an amendment to the bill or lowing: Congress finds that— joint resolution or the submission of a con- SEC. lll. LIMITATIONS ON LEGISLATION THAT (1) domestic geothermal resources have the ference report for the bill or joint resolution, WOULD INCREASE NATIONAL AVER- potential to provide vast amounts of clean, providing funding for the purposes described AGE FUEL PRICES FOR AUTO- renewable, and reliable energy to the United in subsection (b) in excess of the amounts MOBILES. States; provided for those purposes for fiscal year (a) POINT OF ORDER.— (2) Federal policies and programs are crit- 2007, the chairman of the Committee on the (1) IN GENERAL.—If the Senate is consid- ical to achieving the potential of those re- Budget of the applicable House of Congress ering legislation, upon a point of order being sources; shall make the adjustments required under made by any Senator against legislation, or (3) Federal tax policies should be modified paragraph (2) for the amount of new budget any part of the legislation, that it has been to appropriately support the longer lead- authority and outlays in the measure and determined in accordance with paragraph (2) times of geothermal facilities and address the outlays flowing from that budget author- that the legislation, if enacted, would result the high risks of geothermal exploration and ity. in an increase in the national average fuel development;

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7663

(4) sustained and expanded research pro- (d) GEOTHERMAL RESEARCH, DEVELOPMENT, (ii) submit to the appropriate committees grams are needed— DEMONSTRATION, AND COMMERCIAL APPLICA- of Congress a report describing the results of (A) to support the goal of increased energy TION.— the assessment; and production from geothermal resources; (1) IN GENERAL.—The Secretary shall carry (B) in planning and leasing, shall consider (B) to develop and demonstrate the poten- out a program of geothermal research, devel- the national goal established under this tial for geothermal heat exchange tech- opment, demonstration, outreach and edu- title. nologies for heating, cooling, and energy ef- cation, and commercial application to sup- (2) AUTHORIZATION OF APPROPRIATIONS.— ficiency; and port the achievement of the national goal. There are authorized to be appropriated to (C) to develop the technologies that will (2) REQUIREMENTS OF PROGRAM.—In car- the Secretary of the Interior to carry out enable commercial production of energy rying out the geothermal research program this subsection— from more geothermal resources; described in paragraph (1), the Secretary (A) $15,000,000 for fiscal year 2008; (5) a comprehensive national resource as- shall— (B) $25,000,000 for each of fiscal years 2009 sessment is needed to support policymakers (A) prioritize funding for the discovery and to 2012; and and industry needs; characterization of geothermal resources; (C) for fiscal year 2013 and each fiscal year (6) a national exploration and development (B) expand funding for cost-shared drilling; thereafter through fiscal year 2030, such technology and information center should be (C)(i) establish, at a national laboratory or sums as are necessary. established to support the achievement of in- university research center selected by the SEC. 806. INTERMOUNTAIN WEST GEOTHERMAL creased geothermal energy production; and Secretary, a national geothermal explo- CONSORTIUM. (7) implementation and completion of geo- ration research and information center; Section 237 of the Energy Policy Act of thermal and other renewable initiatives on (ii) support development and application of 2005 (42 U.S.C. 15874) is amended by adding at public land in the United States is critical, new exploration and development tech- the end the following: nologies through the center; and consistent with the principles and require- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ments of the Federal Land Policy and Man- (iii) in cooperation with the Secretary of There are authorized to be appropriated to agement Act of 1976 (43 U.S.C. 1701 et seq.) the Interior, disseminate geological and geo- carry out this section— and other applicable law. physical data to support geothermal explo- ‘‘(1) $5,000,000 for each of fiscal years 2008 SEC. 803. NATIONAL GOAL. ration activities through the center; through 2013; and Congress declares that it shall be a na- (D) support cooperative programs with and ‘‘(2) such sums as are necessary for each of among States, including with the Great tional goal to achieve at least 15 percent of fiscal years 2014 through 2020.’’. total electrical energy production in the Basin Center for Geothermal Energy, the United States from geothermal resources by Intermountain West Geothermal Consor- SEC. 807. INTERNATIONAL MARKET SUPPORT FOR GEOTHERMAL ENERGY DEVEL- not later than 2030. tium, and other similar State and regional OPMENT. initiatives, to expand knowledge of the geo- SEC. 804. DEFINITIONS. (a) UNITED STATES AGENCY FOR INTER- thermal resource base of the United States In this title: NATIONAL DEVELOPMENT.—The United States and potential applications of that resource (1) INITIATIVE.—The term ‘‘Initiative’’ Agency for International Development, in base; means the national geothermal initiative es- coordination with other appropriate Federal (E) improve and advance high-temperature tablished by section 805(a). and multilateral agencies, shall support and high-pressure drilling, completion, and (2) NATIONAL GOAL.—The term ‘‘national international and regional development to instrumentation technologies benefiting geo- goal’’ means the national goal of increased promote the use of geothermal resources, in- energy production from geothermal re- thermal well construction; cluding (as appropriate) the African Rift sources described in section 803. (F) demonstrate geothermal applications Geothermal Development Facility. (3) SECRETARY.—The term ‘‘Secretary’’ in settings that, as of the date of enactment (b) UNITED STATES TRADE AND DEVELOP- means the Secretary of Energy. of this Act, are noncommercial; (G) research, develop, and demonstrate en- MENT AGENCY.—The United States Trade and SEC. 805. NATIONAL GEOTHERMAL INITIATIVE. Development Agency shall support the Ini- (a) ESTABLISHMENT.—There is established a gineered geothermal systems techniques for commercial application of the technologies, tiative by— national geothermal initiative under which (1) encouraging participation by United the Federal Government shall seek to including advances in— States firms in actions taken to carry out achieve the national goal. (i) reservoir stimulation; subsection (a); and (b) FEDERAL SUPPORT AND COORDINATION.— (ii) reservoir characterization, monitoring, In carrying out the Initiative, each Federal and modeling; (2) providing grants and other financial agency shall give priority to programs and (iii) stress mapping; support for feasibility and resource assess- efforts necessary to support achievement of (iv) tracer development; ment studies. the national goal to the extent consistent (v) 3-dimensional tomography; and (c) AUTHORIZATION OF APPROPRIATIONS.— with applicable law. (vi) understanding seismic effects of deep There are authorized to be appropriated such (c) ENERGY AND INTERIOR GOALS.— drilling and reservoir engineering; sums as are necessary to carry out this sec- (1) IN GENERAL.—In carrying out the Initia- (H) support the development and applica- tion. tive, the Secretary and the Secretary of the tion of the full range of geothermal tech- SEC. 808. ALASKA GEOTHERMAL CENTER. Interior shall establish and carry out poli- nologies and applications; and (a) IN GENERAL.—The Secretary may par- cies and programs— (I)(i) study the potential to apply geo- ticipate in a consortium described in sub- (A) to characterize the complete geo- thermal heat exchange technologies to new section (b) to address science and science thermal resource base (including engineered and existing Federal buildings; and policy issues relating to the expanded dis- geothermal systems) of the United States by (ii) in cooperation with the Administrator covery and use of geothermal energy, includ- not later than 2010; of General Services, develop and carry out 2 ing geothermal energy generated from geo- (B) to sustain an annual growth rate in the demonstration projects with geothermal thermal resources on public land. use of geothermal power, heat, and heat heat exchange technologies, of which— (b) ADMINISTRATION.—The consortium re- pump applications of at least 10 percent; (I) 1 project shall involve the construction ferred to in subsection (a) shall— (C) to demonstrate state-of-the-art energy of a new Federal building; and (1) be known as the ‘‘Alaska Geothermal production from the full range of geothermal (II) 1 project shall involve the renovation Center’’; resources in the United States; of an existing Federal building. (2) be a regional consortium of institutions (D) to achieve new power or commercial (3) AUTHORIZATION OF APPROPRIATIONS.— and government agencies that focuses on heat production from geothermal resources There are authorized to be appropriated to building collaborative efforts among— in at least 25 States; the Secretary to carry out this subsection— (A) institutions of higher education in the (E) to develop the tools and techniques to (A) $75,000,000 for fiscal year 2008; State of Alaska; construct an engineered geothermal system (B) $110,000,000 for each of fiscal years 2009 (B) other regional institutions of higher power plant; and through 2012; and education; and (F) to deploy geothermal heat exchange (C) for fiscal year 2013 and each fiscal year (C) State agencies; technologies in Federal buildings for heat- thereafter through fiscal year 2030, such (3) include— ing, cooling, and energy efficiency. sums as are necessary. (A) the Energy Authority of the State of (2) REPORT TO CONGRESS.—Not later than 1 (e) GEOTHERMAL ASSESSMENT, EXPLORATION Alaska; year after the date of enactment of this Act, INFORMATION, AND PRIORITY ACTIVITIES.— (B) the Denali Commission established by and every 3 years thereafter, the Secretary (1) INTERIOR.—In carrying out the Initia- section 303 of the Denali Commission Act of and the Secretary of the Interior shall joint- tive, the Secretary of the Interior— 1998 (42 U.S.C. 3121 note; Public Law 105-277); ly submit to the appropriate Committees of (A) acting through the Director of the and Congress a report that describes— United States Geological Survey, shall, not (C) the University of Alaska-Fairbanks; (A) the proposed plan to achieve the goals later than 2010— (4) be hosted and managed by the Univer- described in paragraph (1); and (i) conduct and complete a comprehensive sity of Alaska-Fairbanks; and (B) a description of the progress during the nationwide geothermal resource assessment (5) have— period covered by the report toward achiev- that examines the full range of geothermal (A) a director appointed by the head of the ing those goals. resources in the United States; and Energy Authority of the State of Alaska; and

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7664 CONGRESSIONAL RECORD — SENATE June 13, 2007 (B) associate directors appointed by each ‘‘(i) 90 percent for gas units with inputs of (1) An assessment of key energy issues that participating institution. a rate that is not higher than 500,000 British have national security or foreign policy im- (c) AUTHORIZATION OF APPROPRIATIONS.— thermal units per hour; or plications for the United States. There are authorized to be appropriated such ‘‘(ii) 87 percent for gas units with inputs of (2) An assessment of the future of world en- sums as are necessary to carry out this sec- a rate that is higher than 500,000 British ergy supplies, including the impact likely tion for each of fiscal years 2008 through 2013. thermal units per hour. and unlikely scenarios may have on world ‘‘(b) MAINTENANCE OF PUBLIC BUILDINGS.— energy supply. SA 1548. Mr. DURBIN submitted an Each commercial water heater that is re- (3) A description of— amendment intended to be proposed to placed by the Administrator in the normal (A) the policies being pursued, or expected amendment SA 1502 proposed by Mr. course of maintenance, or determined by the to be pursued, by the major energy pro- REID to the bill H.R. 6, to reduce our Administrator to be replaceable to generate ducing countries or by the major energy con- Nation’s dependency on foreign oil by substantial energy savings, shall be replaced, suming countries, including developing investing in clean, renewable, and al- to the maximum extent feasible (as deter- countries, to include policies that utilize re- mined by the Administrator) with a highly ternative energy resources, promoting newable resources for electrical and biofuel energy-efficient commercial water heater. production; new emerging energy technologies, de- ‘‘(c) CONSIDERATIONS.—In making a deter- (B) an evaluation of the probable outcomes veloping greater efficiency, and cre- mination under this section relating to the of carrying out such policy options, includ- ating a Strategic Energy Efficiency installation of a highly energy-efficient com- ing— and Renewables Reserve to invest in al- mercial water heater, the Administrator (i) the economic and geopolitical impact of ternative energy, and for other pur- shall consider— the energy policy strategies likely to be pur- poses; which was ordered to lie on the ‘‘(1) the life-cycle cost effectiveness of the sued by such countries; table; as follows: highly energy-efficient commercial water (ii) the likely impact of such strategies on heater; On page 143, after line 23, insert the fol- the decision-making processes on major en- ‘‘(2) the compatibility of the highly en- lowing: ergy cartels; and ergy-efficient commercial water heater with ‘‘(3) LEGISLATIVE BRANCH FLEET.—The Ar- (iii) the impact of policies that utilize re- equipment that, on the date on which the chitect of the Capitol shall comply with the newable resources for electrical and biofuel Administrator makes the determination, is requirements of paragraph (1) with respect to production, including an assessment of the installed in the public building; and the fleet of vehicles under the control of the ability of energy consuming countries to re- ‘‘(3) whether the use of the highly energy- legislative branch, subject to a waiver for se- duce dependence on oil using renewable re- efficient commercial water heater could curity reasons which shall be submitted in sources, the economic, environmental, and interfere with the productivity of any activ- writing to the appropriate oversight commit- developmental impact of an increase in ity carried out in the public building.’’. tees of Congress. biofuels production in both developed and de- (b) EFFECTIVE DATE.—The amendment veloping countries, and the impact of an in- SA 1549. Mr. KOHL (for himself, Mr. made by subsection (a) takes effect on the crease in biofuels production on global food date that is 180 days after the date of enact- supplies; and FEINGOLD, and Mr. BURR) submitted an ment of this Act. amendment intended to be proposed to (C) the potential impact of such outcomes amendment SA 1502 proposed by Mr. on the energy security and national security SA 1550. Mr. WYDEN (for himself and of the United States. REID to the bill H.R. 6, to reduce our Mr. CHAMBLISS) submitted an amend- Nation’s dependency on foreign oil by ment intended to be proposed to SA 1551. Ms. CANTWELL submitted investing in clean, renewable, and al- amendment SA 1502 proposed by Mr. an amendment intended to be proposed ternative energy resources, promoting REID to the bill H.R. 6, to reduce our to amendment SA 1502 proposed by Mr. new emerging energy technologies, de- Nation’s dependency on foreign oil by REID to the bill H.R. 6, to reduce our veloping greater efficiency, and cre- investing in clean, renewable, and al- Nation’s dependency on foreign oil by ating a Strategic Energy Efficiency ternative energy resources, promoting investing in clean, renewable, and al- and Renewables Reserve to invest in al- new emerging energy technologies, de- ternative energy resources, promoting ternative energy, and for other pur- veloping greater efficiency, and cre- new emerging energy technologies, de- poses; which was ordered to lie on the ating a Strategic Energy Efficiency veloping greater efficiency, and cre- table; as follows: and Renewables Reserve to invest in al- ating a Strategic Energy Efficiency On page 161, between lines 2 and 3, insert ternative energy, and for other pur- and Renewables Reserve to invest in al- the following: poses; which was ordered to lie on the ternative energy, and for other pur- SEC. 269. USE OF HIGHLY ENERGY EFFICIENT COMMERCIAL WATER HEATING table; as follows: poses; which was ordered to lie on the EQUIPMENT IN FEDERAL BUILD- At the end, add the following: table; as follows: INGS. TITLE VIII—WISE ACT OF 2007 On page 161, between lines 2 and 3, insert (a) IN GENERAL.—Title 40, United States the following: Code is amended— SEC. 801. SHORT TITLE. This title may be cited as the ‘‘Weighing SEC. 269. FEDERAL STANDBY POWER STANDARD. (1) by redesignating sections 3313 through Intelligence for Smarter Energy Act of 2007’’ 3315 as sections 3314 through 3316, respec- (a) DEFINITIONS.—In this section: or the ‘‘WISE Act of 2007’’. tively; and (1) AGENCY.— (2) by inserting after section 3312 the fol- SEC. 802. FINDINGS. (A) IN GENERAL.—The term ‘‘Agency’’ has lowing: Congress makes the following findings: the meaning given the term ‘‘Executive (1) The members of the intelligence com- agency’’ in section 105 of title 5, United ‘‘SEC. 3313. USE OF HIGHLY ENERGY-EFFICIENT COMMERCIAL WATER HEATING munity in the United States, most notably States Code. EQUIPMENT IN FEDERAL BUILD- the National Intelligence Council, the Office (B) INCLUSIONS.—The term ‘‘Agency’’ in- INGS. of Intelligence and Counterintelligence of cludes military departments, as the term is ‘‘(a) DEFINITIONS.—In this section: the Department of Energy, and the Office of defined in section 102 of title 5, United States ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- Transnational Issues of the Central Intel- Code. trator’ means the Administrator of General ligence Agency, possess substantial analytic (2) ELIGIBLE PRODUCT.—The term ‘‘eligible Services. expertise with regard to global energy issues. product’’ means a commercially available, ‘‘(2) HIGHLY ENERGY-EFFICIENT COMMERCIAL (2) Energy policy debates generally do not off-the-shelf product that— WATER HEATER.—The term ‘highly energy-ef- use, to the fullest extent possible, the exper- (A)(i) uses external standby power devices; ficient commercial water heater’ means a tise available in the intelligence community. or commercial water heater that— SEC. 803. REPORT ON ENERGY SECURITY. (ii) contains an internal standby power ‘‘(A) meets applicable standards for water (a) REQUIREMENT.— function; and heaters under the Energy Star program es- (1) IN GENERAL.—Not later than 180 days (B) is included on the list compiled under tablished by section 324A of the Energy Pol- after the date of the enactment of this Act, subsection (d). icy and Conservation Act (42 U.S.C. 6294a); the Director of National Intelligence shall (b) FEDERAL PURCHASING REQUIREMENT.— ‘‘(B) if installed in a public building, would submit to Congress a report on the long-term Subject to subsection (c), if an Agency pur- (as determined by the Administrator) enable energy security of the United States. chases an eligible product, the Agency shall the public building to achieve the Leadership (2) FORM OF REPORT.—The report required purchase— in Energy and Environmental Design green by subsection (a) shall be submitted in an (1) an eligible product that uses not more building rating standard identified as silver unclassified form and may include a classi- than 1 watt in the standby power consuming by the United States Green Building Council; fied annex. mode of the eligible product; or or (b) CONTENT.—The report submitted pursu- (2) if an eligible product described in para- ‘‘(C) has thermal efficiencies of not less ant to subsection (a) shall include the fol- graph (1) is not available, the eligible prod- than— lowing: uct with the lowest available standby power

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7665

wattage in the standby power consuming culture be species of the local genotype na- (B) LIMITATION.—Nothing in paragraph (1) mode of the eligible product. tive to the geographic regions; and shall be construed to give Alaska any right, (c) LIMITATION.—The requirements of sub- (F) maintaining record systems to track title, authority, or jurisdiction over that section (b) shall apply to a purchase by an inventory and movement of fish or other ma- portion of the Exclusive Economic Zone de- Agency only if— rine species propagated and reared through scribed in paragraph (1). (1) the lower-wattage eligible product is— offshore aquaculture, and, to the maximum (A) lifecycle cost-effective; and extent practicable, tagging, marking or oth- SA 1556. Mrs. LINCOLN (for herself (B) practicable; and erwise identifying such fish or other species. Mr. DOMENICI, Mr. PRYOR, Mr. CRAIG, (2) the utility and performance of the eligi- Strike ‘‘Subject to the provisions of sub- and Ms. LANDRIEU) submitted an ble product is not compromised by the lower section (e),’’ in section 4(b) and insert ‘‘Sub- amendment intended to be proposed to wattage requirement. ject to the other provisions of this Act and amendment SA 1502 proposed by Mr. (d) ELIGIBLE PRODUCTS.—The Secretary of rulemaking under this Act,’’. REID to the bill H.R. 6, to reduce our Energy, in consultation with the Secretary Nation’s dependency on foreign oil by of Defense and the Administrator of General SA 1554. Mr. INOUYE (for himself investing in clean, renewable, and al- Services, shall compile a publicly accessible and Mr. STEVENS) submitted an amend- ternative energy resources, promoting list of cost-effective eligible products that ment intended to be proposed by him new emerging energy technologies, de- shall be subject to the purchasing require- to the bill S. 1609, to provide the nec- veloping greater efficiency, and cre- ments of subsection (b). essary authority to the Secretary of ating a Strategic Energy Efficiency Commerce for the establishment and SA 1552. Mr. INOUYE (for himself and Renewables Reserve to invest in al- implementation of a regulatory system and Mr. STEVENS) submitted an amend- ternative energy, and for other pur- for offshore aquaculture in the United ment intended to be proposed by him poses; which was ordered to lie on the States Exclusive Economic Zone, and to the bill S. 1609, to provide the nec- table; as follows: for other purposes; which was referred essary authority to the Secretary of At the appropriate place, insert the fol- to the Committee on Commerce, Commerce for the establishment and lowing: Science, and Transportation; as fol- implementation of a regulatory system SEC. lll. ANIMAL WASTE. lows: for offshore aquaculture in the United (a) FINDINGS AND PURPOSE.— Strike section 5 and insert the following: (1) FINDINGS.—Congress finds that— States Exclusive Economic Zone, and (A) a purpose of this Act is to promote, for other purposes; which was referred SEC. 5. RESEARCH AND DEVELOPMENT. (a) IN GENERAL.—The Secretary, in con- through consistent policy incentives, the in- to the Committee on Commerce, sultation with other Federal agencies, coast- creased commercial use of renewable energy Science, and Transportation; as fol- al States, regional fishery management technologies; lows: councils, academic institutions and other in- (B) the underlying technologies promoted Strike paragraph (2)(A) of section 4(b) and terested stakeholders shall establish and by those policies include biomass, and spe- insert the following: conduct a research and development program cifically animal manure as important renew- (A) An offshore aquaculture permit holder to further marine aquaculture technologies able energy supplies; shall be— that are compatible with the protection of (C) stores of that useful animal agriculture (i) a citizen or resident of the United marine ecosystems. byproduct— States; or (b) COMPONENTS.—The program shall in- (i) are available in all regions of the United (ii a corporation, partnership, or other en- clude research to reduce the use of wild fish States; and tity organized and existing under the laws of in offshore aquaculture feeds, engineering in- (ii) could be used to help diversify the en- a State or the United States. novations to reduce the environmental im- ergy generation needs of the United States; pacts of offshore aquaculture facilities, non- (D) expanded commercial adoption of the SA 1553. Mr. INOUYE (for himself harmful measures for avoiding interactions technologies described in subparagraph (B) and Mr. STEVENS) submitted an amend- with marine mammals, methods for mini- could contribute to the essential reduction ment intended to be proposed by him mizing the use of antibiotics, and improve- over time of United States reliance on fossil ments in environmental monitoring tech- fuels for the predominant supply of our en- to the bill S. 1609, to provide the nec- ergy generation needs; essary authority to the Secretary of niques. (c) ELIGIBLE ENTITIES.—The Secretary may (E) the marketplace has been affected by Commerce for the establishment and conduct research and development in part- regulatory uncertainty stemming from mis- implementation of a regulatory system nership with offshore aquaculture permit interpretations of punitive, strict, joint, and for offshore aquaculture in the United holders. severable liability regulatory schemes origi- States Exclusive Economic Zone, and nally formed for purposes of environmental for other purposes; which was referred SA 1555. Mr. STEVENS (for himself regulation and recovery of damages from in- to the Committee on Commerce, and Mr. INOUYE) submitted an amend- dustrial pollutants and toxic waste; (F) those regulatory schemes specifically Science, and Transportation; as fol- ment intended to be proposed by him to the bill S. 1609, to provide the nec- exclude from punitive liability petroleum lows: and petroleum byproducts; Strike subparagraph (C) of section 4(a)(1) essary authority to the Secretary of (G) the uncertainty regarding livestock and insert the following: Commerce for the establishment and and poultry manure threatens to undermine (C) procedures for evaluating and mini- implementation of a regulatory system Federal policy objectives and taxpayer- mizing the potential adverse environmental, for offshore aquaculture in the United backed incentives to promote renewable en- socio-economic, and cultural impacts of off- States Exclusive Economic Zone, and ergy production from those sources; and shore aquaculture, including the establish- for other purposes; which was referred (H) misapplication of punitive regulatory ment of permit conditions; to the Committee on Commerce, schemes threatens to erode commercial and Strike paragraph (2) of section 4(a) and in- Science, and Transportation; as fol- financial market investment to implement sert the following: the objectives and incentives described in (2) The Secretary shall prepare a pro- lows: subparagraph (G). grammatic environmental impact statement At the appropriate place, insert the fol- (2) PURPOSE.—The purpose of this section under the National Environmental Policy lowing: is to provide policy and market certainty by Act of 1969 (42 U.S.C. 4321 et seq.) with re- SEC. ll. NO FINFISH AQUACULTURE SEAWARD clarifying that the regulatory scheme under spect to the development and operation of OF ALASKA. the Comprehensive Environmental Response, offshore aquaculture facilities. The environ- (a) IN GENERAL.—Notwithstanding any Compensation, and Liability Act of 1980 (42 mental impact statement required by this other provision of this Act, the Secretary U.S.C. 9601 et seq.) is not intended to cover paragraph shall be in addition to, and not to may not issue a permit for finfish the application, transportation, or storage of the exclusion of, the application of that Act acquaculture in Alaska’s seaward portion of livestock manure or poultry litter. to other aspects of any offshore aquaculture the Exclusive Economic Zone offshore of (b) AMENDMENT OF SUPERFUND.—Title III of program established under this Act, includ- Alaska. the Comprehensive Environmental Response, ing with respect to the issuance of individual (b) ALASKA’S SEAWARD PORTION OF THE EX- Compensation, and Liability Act of 1980 (42 permits. CLUSIVE ECONOMIC ZONE.— U.S.C. 9651 et seq.) is amended by adding at In section 4(A)(4) strike ‘‘aquaculture, to (1) IN GENERAL.—In this section, the term the end the following: the extent necessary.’’ and insert ‘‘aqua- ‘‘Alaska’s seaward portion of the Exclusive ‘‘SEC. 313. EXCEPTION FOR MANURE. culture.’’. Economic Zone’’ shall be determined by ex- ‘‘(a) DEFINITION OF MANURE.—In this sec- Strike subparagraphs (E) and (F) of section tending the seaward boundary (as defined in tion, the term ‘manure’ means— 4(a)(4) and insert the following: section 2(b) of the Submerged Lands Act (43 ‘‘(1) digestive emissions, feces, urine, urea, (E) requirements that marine species prop- U.S.C. 1301(b))) of Alaska seaward to the edge and other excrement from livestock (as de- agated and reared through offshore aqua- of the Exclusive Economic Zone. fined in section 10403 of the Farm Security

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7666 CONGRESSIONAL RECORD — SENATE June 13, 2007

and Rural Investment Act of 2002 (7 U.S.C. (A) IN GENERAL.—The term ‘‘affected facil- (6) report the information required under 8302)); ity’’ means— this section electronically to the Adminis- ‘‘(2) any associated bedding, compost, raw (i) a major emitting facility (as listed in trator in such form and to such extent as materials, or other materials commingled section 169 of the Clean Air Act (42 U.S.C. may be required by the Administrator. with such excrement from livestock (as so 7479)); (b) VERIFICATION OF REPORT REQUIRED.— defined); (ii) a petroleum refinery; Before including the information from a re- ‘‘(3) any process water associated with any (iii) a coal mine that produces more than port required under this section in the reg- item referred to in paragraph (1) or (2); and 10,000 short tons of coal during calendar year istry, the Administrator shall verify the ‘‘(4) any byproduct, constituent, or sub- 2004 or any subsequent calendar year; completeness and accuracy of the report stance contained in or originating from, or (iv) a natural gas processing plant; using information provided under this sec- any emission relating to, an item described (v) an importer of refined petroleum prod- tion or under other provisions of law. in paragraph (1), (2), or (3). ucts, residual fuel oil, petroleum coke, lique- (c) TIMING.— ‘‘(b) EXEMPTION.—Upon the date of enact- fied petroleum gas, coal, coke, or natural gas (1) CALENDAR YEARS 2004 THROUGH 2007.—For ment of this section, manure shall not be in- (including liquefied natural gas); a baseline period of calendar years 2004 cluded in the meaning of— (vi) a facility that imports or manufac- through 2007, each affected facility shall sub- ‘‘(1) the term ‘hazardous substance’, as de- tures a greenhouse gas, including a facility mit required annual data described in this fined in section 101(14); or that— section to the Administrator not later than ‘‘(2) the term ‘pollutant or contaminant’, (I) imports or manufactures hydrofluoro- March 31, 2009. as defined in section 101(33). carbons, perfluorocarbons, sulfur hexafluo- (2) SUBSEQUENT CALENDAR YEARS.—For sub- ‘‘(c) EFFECT ON OTHER LAW.—Nothing with ride, or nitrous oxide, or a product con- sequent calendar years, each affected facility respect to the enactment of this subsection taining any of those gases; shall submit quarterly data described in this shall— (II) emits nitrous oxide associated with the section to the Administrator not later than ‘‘(1) impose any liability under the Emer- manufacture of adipic acid or nitric acid; or 30 days after the end of the applicable quar- gency Planning and Community Right-To- (III) emits hydrofluorocarbon-23 as a by- ter. Know Act of 1986 (42 U.S.C. 11001 et seq.) with product of hydrochlorofluorocarbon-22; and (d) NO EFFECT ON OTHER REQUIREMENTS.— respect to manure; (vii) any other facility that emits a green- Nothing in this title affects any requirement ‘‘(2) abrogate or otherwise affect any provi- house gas, as determined by the Adminis- in effect as of the date of enactment of this sion of the Air Quality Agreement entered trator. Act relating to reporting of— into between the Administrator and opera- (B) EXCLUSIONS.—The term ‘‘affected facil- (1) fossil fuel production, refining, impor- tors of animal feeding operations (70 Fed. ity’’ does not include any small business (as tation, exportation, or consumption data; Reg. 4958 (January 31, 2005)); or described in part 121 of title 13, Code of Fed- (2) greenhouse gas emission data; or ‘‘(3) affect the applicability of any other eral Regulations (or a successor regulation)) (3) other relevant data. environmental law as such a law relates to— that generates fewer than 10,000 metric tons ‘‘(A) the definition of manure; or of greenhouse gas emissions during a cal- SEC. 164. DATA QUALITY AND VERIFICATION. ‘‘(B) the responsibilities or liabilities of endar year, or a facility below the thresholds (a) PROTOCOLS AND METHODS.— any person regarding the treatment, storage, established by the Administrator under sec- (1) IN GENERAL.—The Administrator shall or disposal of manure.’’. tion 165(b)(9), unless that small business or establish protocols and methods to ensure (c) AMENDMENT OF SARA.—Section facility elects to voluntarily report to the completeness, consistency, transparency, 304(a)(4) of the Superfund Amendments and registry under section 163 as an affected fa- and accuracy of data on fossil fuel produc- Reauthorization Act of 1986 (42 U.S.C. cility. tion, refining, importation, exportation, and 11004(a)(4)) is amended— (3) CARBON CONTENT.—The term ‘‘carbon consumption, and greenhouse gas emissions (1) by striking ‘‘This section’’ and insert- content’’ means the quantity of carbon (in submitted to the registry that include— ing the following: carbon dioxide equivalent) contained in a (A) accounting and reporting standards for ‘‘(A) IN GENERAL.—This section’’; and fuel. fossil fuel production, refining, importation, (2) by adding at the end the following: (4) FEEDSTOCK FOSSIL FUEL.—The term exportation, and consumption; ‘‘(B) MANURE.—The notification require- ‘‘feedstock fossil fuel’’ means fossil fuel used (B) standardized methods for calculating ments under this subsection do not apply to as raw material in a manufacturing process. carbon content or greenhouse gas emissions releases associated with manure (as defined (5) GREENHOUSE GAS.—The term ‘‘green- in specific industries from other readily in section 313 of the Comprehensive Environ- house gas’’ means— available and reliable information, such as mental Response, Compensation, and Liabil- (A) carbon dioxide; fuel consumption, materials consumption, ity Act of 1980).’’. (B) methane; production data, or other relevant activity (C) nitrous oxide; data; SA 1557. Ms. KLOBUCHAR (for her- (D) hydrofluorocarbons; (C) standardized methods of monitoring self, Ms. SNOWE, and Mr. BINGAMAN) (E) perfluorocarbons; greenhouse gas emissions (along with infor- submitted an amendment intended to (F) sulfur hexafluoride; and mation on the accuracy of the data) for cases be proposed by her to the bill H.R. 6, to (G) any other anthropogenically-emitted in which the Administrator determines that reduce our Nation’s dependency on for- gas that the Administrator, after notice and rigorous and accurate monitoring is feasible; eign oil by investing in clean, renew- comment, determines to contribute to cli- (D) methods to avoid double-counting of mate change. able, and alternative energy resources, greenhouse gas emissions; (6) PROCESS EMISSIONS.—The term ‘‘process (E) protocols to prevent an affected facil- promoting, new emerging energy tech- emissions’’ means emissions generated dur- ity from avoiding the reporting requirements nologies, developing greater efficiency, ing a manufacturing process. of this title; and and creating a Strategic Energy Effi- SEC. 163. REPORTING REQUIREMENTS. (F) protocols for verification of data sub- ciency and Renewables Reserve to in- (a) IN GENERAL.—An affected facility mitted by affected facilities. vest in alternative energy, and for shall— (2) BEST PRACTICES.—The protocols and other purposes; which was ordered to (1) report the quantity and type of fossil methods developed under paragraph (1) shall lie on the table; as follows: fuels and non-carbon dioxide greenhouse conform, to the maximum extent prac- ticable, to the best practices available to en- At the end of title I, add the following: gases produced, refined, imported, exported, and consumed; sure accuracy and consistency of the data. Subtitle D—National Greenhouse Gas (2) report greenhouse gas emissions (in ac- (b) VERIFICATION; INFORMATION BY REPORT- Registry cordance with section 164(a)(1)(C)), in metric ING ENTITIES.—Each affected facility shall— SEC. 161. PURPOSE. tons of each greenhouse gas emitted and in (1) provide information sufficient for the The purpose of this subtitle is to establish metric tons of carbon dioxide equivalent of Administrator to verify, in accordance with a national greenhouse gas registry that— each greenhouse gas emitted, measured the protocols and methods developed under (1) is complete, consistent, transparent, using monitoring systems for fuel flow or subsection (a), that the fossil fuel data and and accurate; and emissions that use— greenhouse gas emission data of the affected (2) will provide reliable and accurate data (A) continuous emission monitoring; or facility have been completely and accurately that can be used by public and private enti- (B) an equivalent system of comparable reported; and ties to design efficient and effective energy rigor, accuracy, and quality; (2) ensure the submission or retention, for security initiatives and greenhouse gas emis- (3) report the quantity and type of— the 5-year period beginning on the date of sion reduction strategies. (A) feedstock fossil fuel consumption; and provision of the information, of data sources, SEC. 162. DEFINITIONS. (B) process emissions; information on internal control activities, In this subtitle: (4) report other data necessary for accurate information on assumptions used in report- (1) ADMINISTRATOR.—The term ‘‘Adminis- accounting of greenhouse gas emissions, as ing emissions and fuels, uncertainty anal- trator’’ means the Administrator of the En- determined by the Administrator; yses, and other relevant data and informa- vironmental Protection Agency. (5) include an appropriate certification, as tion to facilitate the verification of reports (2) AFFECTED FACILITY.— determined by the Administrator; and submitted to the registry.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7667

(c) WAIVER OF REPORTING REQUIREMENTS.— SEC. 166. ENFORCEMENT. the task force shall establish a program to The Administrator may waive reporting re- (a) CIVIL ACTIONS.—The Administrator reimburse eligible domestic automobile quirements for specific facilities if sufficient may bring a civil action in United States dis- manufacturers for the costs incurred in pro- data are available under other provisions of trict court against the owner or operator of viding health benefits to their retired em- law. an affected facility that fails to comply with ployees. The task force shall determine com- (d) MISSING DATA.—If information, satis- this title. pliance with the assurances under subsection factory to the Administrator, is not provided (b) PENALTY.—Any person that violates (c)(4) through accepted measurements of fuel for an affected facility, the Administrator this title shall be subject to a civil penalty savings. shall prescribe methods that create incen- of not more than $25,000 for each day the vio- (b) CONSULTATION.—In establishing the pro- tives for accurate reporting to estimate lation continues. gram, the task force shall consult with rep- emissions for the facility for each quarter for resentatives from— which data are missing. SA 1558. Mr. OBAMA submitted an (1) eligible domestic automobile manufac- SEC. 165. NATIONAL GREENHOUSE GAS REG- amendment intended to be proposed to turers; ISTRY. the bill H.R. 6, to reduce our Nation’s (2) unions representing employees of such (a) ESTABLISHMENT.—The Administrator dependency on foreign oil by investing manufacturers; and (in consultation with the Secretary of En- in clean, renewable, and alternative en- (3) consumer and environmental groups. ergy, the Secretary of Commerce, States, the ergy resources, promoting new emerg- (c) ELIGIBILITY REQUIREMENTS.—A domes- private sector, and nongovernmental organi- tic automobile manufacturer seeking reim- zations) shall establish a mandatory na- ing energy technologies, developing greater efficiency, and creating a Stra- bursement under the program shall— tional greenhouse gas registry. (1) submit an application to the task force (b) ADMINISTRATION.—The Administrator tegic Energy Efficiency and Renew- at such time, in such manner, and con- shall— ables Reserve to invest in alternative taining such information as the task force (1) design and operate the registry; energy, and for other purposes; which shall require; (2) establish an advisory body with that is was ordered to lie on the table; as fol- (2) certify that such manufacturer is pro- broadly representative of industry, agri- lows: viding full health care coverage to all of its culture, environmental groups, and State At the appropriate place, insert the fol- employees; and local governments to guide the develop- (3) provide assurances to the task force ment and management of the registry; lowing: TITLE l—HEALTH CARE FOR HYBRIDS that the manufacturer will invest, in an (3) provide coordination and technical as- amount equal to not less than 50 percent of l sistance for the development of proposed pro- SEC. 00. FINDINGS. the amount saved by the manufacturer Congress makes the following findings: tocols and methods to be published by the through the reimbursement of its retiree Administrator; (1) More than 50 percent of the oil con- health care costs under the program, in— (4) develop forms for reporting under sumed in the United States is imported. (A) the domestic manufacture and com- guidelines established under section 164(a)(1), (2) If present trends continue, foreign oil mercialization of petroleum fuel reduction and make the forms available to reporting will represent 68 percent of the oil consumed technologies, including alternative or flexi- entities; in the United States by 2025. ble fuel vehicles, hybrids, and other state-of- (5) verify and audit the data submitted by (3) The United States has only 3 percent of the-art fuel saving technologies; reporting entities; the world’s known oil reserves and the Na- (B) retraining workers and retooling as- (6) establish consistent policies for calcu- tion’s economic health is dependent on world sembly lines for the activities described in lating carbon content, expressed in units of oil prices. subparagraph (A); carbon dioxide equivalent, for each type of (4) World oil prices are overwhelmingly (C) researching, developing, designing, and fossil fuel reported under section 163; dictated by other countries, which endangers commercializing high-performance, fuel-effi- (7) calculate carbon content, in units of the economic and national security of the cient vehicles, and other activities related to carbon dioxide equivalent, of fossil fuel data United States. diversifying the domestic production of reported by reporting entities; (5) A major portion of the world’s oil sup- automobiles; and (8) ensure coordination, to the maximum ply is controlled by unstable governments (D) assisting domestic automobile compo- extent practicable, between the national and countries that are known to finance, nent suppliers to retool their domestic man- greenhouse gas registry and greenhouse gas harbor, or otherwise support terrorists and ufacturing plants to produce components for registries in existence as of the date of the terrorist activities. petroleum fuel reduction technologies, in- coordination; (6) American automakers have lagged be- cluding alternative or flexible fuel vehicles (9) establish, as soon as practicable after hind their foreign competitors in producing and hybrid, advanced diesel, and other state- the date of enactment of this Act, threshold hybrid and other energy-efficient auto- of-the-art fuel saving technologies; and levels of greenhouse gas emissions from a fa- mobiles. (4) provide assurances to the task force cility, or sector-specific production levels at (7) Legacy health care costs associated that average adjusted fuel economy savings a facility, that require reporting under sec- with retiree workers are an increasing bur- achieved under paragraph (3) will not result tion 163 such that, at a minimum, the reg- den on the global competitiveness of Amer- in fuel economy decreases in other auto- istry shall cover 80 percent of the human-in- ican industries. mobiles manufactured in the United States; duced greenhouse gas emissions in the (8) Innovative uses of new technology in and United States; and automobiles manufactured in the United (5) provide additional assurances and infor- (10) publish on the Internet all information States will— mation as the task force may require, in- contained in the registry, except in any case (A) help retain American jobs; cluding information needed by the task force in which publishing the information would (B) support health care obligations for re- to audit the manufacturer’s compliance with result in a disclosure of— tiring workers in the automotive sector; the requirements of the program. (A) information vital to national security, (C) decrease our Nation’s dependence on (d) LIMITATION.—Not more than 10 percent as determined by the Administrator; or foreign oil; and (B) confidential business information that of the annual retiree health care costs of any (D) address pressing environmental con- domestic automobile manufacturer may be cannot be derived from information that is cerns. otherwise publicly available and that would reimbursed under the program in any year. Subtitle A—Retired Employee Health cause significant calculable competitive (e) TERMINATION OF PROGRAM.—The pro- Benefits Reimbursement Program harm if published. gram shall terminate on December 31, 2017. (c) THIRD-PARTY VERIFICATION.—The Ad- SEC. l01. COORDINATING TASK FORCE. SEC. l03. REPORTING. ministrator may ensure that reports re- (a) ESTABLISHMENT.—Not later than 6 (a) REIMBURSEMENT REPORTS.—Not later quired under section 163 are certified by a months after the date of the enactment of than 6 months after the date of the enact- third-party entity. this Act, the Secretary of Energy, the Sec- ment of this Act, and every 6 months there- (d) REGULATIONS.—The Administrator retary of Health and Human Services, the after, the task force shall submit a report to shall— Secretary of Transportation, and the Sec- Congress that— (1) propose regulations to carry out this retary of the Treasury shall establish a task (1) identifies the reimbursements paid title not later than 180 days after the date of force (referred to in this title as the ‘‘task under the program; and enactment of this Act; and force’’) to administer the program estab- (2) describes the changes in the manufac- (2) promulgate final regulations to carry lished under section l02 (referred to in this ture and commercialization of fuel saving out this title not later than December 31, title as the ‘‘program’’). technologies implemented by automobile 2008. (b) MEMBERSHIP.—The task force shall be manufacturers as a result of such reimburse- (e) REPORT TO CONGRESS.—Not later than composed representatives of the departments ments. 180 days after the date on which reporting is headed by the officials referred to in sub- (b) CONSUMER INCENTIVES.—Not later than required under this title, the Administrator section (a), who shall be appointed by such 1 year after the date of the enactment of this shall submit to Congress a report that de- officials in equal numbers. Act, the task force shall submit a report to scribes the need for harmonization of legal SEC. l02. ESTABLISHMENT OF PROGRAM. Congress that— requirements within the United States relat- (a) IN GENERAL.—Not later than 1 year (1) indicates the effectiveness of financial ing to greenhouse gas reporting. after the date of the enactment of this Act, incentives available to consumers for the

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7668 CONGRESSIONAL RECORD — SENATE June 13, 2007

purchase of hybrid vehicles in encouraging with a tax-indifferent party shall not be re- ‘‘(c) NONECONOMIC SUBSTANCE TRANSACTION such purchases; and spected if— UNDERSTATEMENT.—For purposes of this sec- (2) recommends whether such incentives ‘‘(i) it results in an allocation of income or tion— should be expanded. gain to the tax-indifferent party in excess of ‘‘(1) IN GENERAL.—The term ‘noneconomic SEC. l04. AUTHORIZATION OF APPROPRIATIONS. such party’s economic income or gain, or substance transaction understatement’ There are authorized to be appropriated ‘‘(ii) it results in a basis adjustment or means any amount which would be an under- statement under section 6662A(b)(1) if section such sums as may be necessary in each of fis- shifting of basis on account of overstating 6662A were applied by taking into account cal years 2008 through 2018 to carry out this the income or gain of the tax-indifferent items attributable to noneconomic sub- subtitle. party. ‘‘(3) DEFINITIONS AND SPECIAL RULES.—For stance transactions rather than items to Subtitle B—Tax Provisions purposes of this subsection: which section 6662A would apply without re- SEC. l11. CLARIFICATION OF ECONOMIC SUB- ‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The gard to this paragraph. STANCE DOCTRINE. term ‘economic substance doctrine’ means ‘‘(2) NONECONOMIC SUBSTANCE TRANS- (a) IN GENERAL.—Section 7701 of the Inter- the common law doctrine under which tax ACTION.—The term ‘noneconomic substance nal Revenue Code of 1986 is amended— benefits under subtitle A with respect to a transaction’ means any transaction if— (1) by redesignating subsection (p) as sub- transaction are not allowable if the trans- ‘‘(A) there is a lack of economic substance section (q); and action does not have economic substance or (within the meaning of section 7701(p)(1)) for (2) by inserting after subsection (o) the fol- lacks a business purpose. the transaction giving rise to the claimed lowing: ‘‘(B) TAX-INDIFFERENT PARTY.—The term benefit or the transaction was not respected ‘‘(p) CLARIFICATION OF ECONOMIC SUBSTANCE ‘tax-indifferent party’ means any person or under section 7701(p)(2), or DOCTRINE.— entity not subject to tax imposed by subtitle ‘‘(B) the transaction fails to meet the re- ‘‘(1) GENERAL RULES.— A. A person shall be treated as a tax-indif- quirements of any similar rule of law. ‘‘(A) IN GENERAL.—In any case in which a ferent party with respect to a transaction if ‘‘(d) RULES APPLICABLE TO COMPROMISE OF court determines that the economic sub- the items taken into account with respect to PENALTY.— stance doctrine is relevant for purposes of the transaction have no substantial impact ‘‘(1) IN GENERAL.—If the 1st letter of pro- this title to a transaction (or series of trans- on such person’s liability under subtitle A. posed deficiency which allows the taxpayer actions), such transaction (or series of trans- ‘‘(C) EXCEPTION FOR PERSONAL TRANS- an opportunity for administrative review in actions) shall have economic substance only ACTIONS OF INDIVIDUALS.—In the case of an the Internal Revenue Service Office of Ap- if the requirements of this paragraph are individual, this subsection shall apply only peals has been sent with respect to a penalty met. to transactions entered into in connection to which this section applies, only the Com- ‘‘(B) DEFINITION OF ECONOMIC SUBSTANCE.— with a trade or business or an activity en- missioner of Internal Revenue may com- For purposes of subparagraph (A): gaged in for the production of income. promise all or any portion of such penalty. ‘‘(i) IN GENERAL.—A transaction has eco- ‘‘(D) TREATMENT OF LESSORS.—In applying ‘‘(2) APPLICABLE RULES.—The rules of para- nomic substance only if— paragraph (1)(B)(ii) to the lessor of tangible graphs (2) and (3) of section 6707A(d) shall ‘‘(I) the transaction changes in a meaning- property subject to a lease— apply for purposes of paragraph (1). ful way (apart from Federal tax effects) the ‘‘(i) the expected net tax benefits with re- ‘‘(e) COORDINATION WITH OTHER PEN- ALTIES.—Except as otherwise provided in this taxpayer’s economic position, and spect to the leased property shall not include part, the penalty imposed by this section ‘‘(II) the taxpayer has a substantial nontax the benefits of— shall be in addition to any other penalty im- purpose for entering into such transaction ‘‘(I) depreciation, posed by this title. and the transaction is a reasonable means of ‘‘(II) any tax credit, or ‘‘(f) CROSS REFERENCES.— accomplishing such purpose. ‘‘(III) any other deduction as provided in ‘‘(1) For coordination of penalty with un- In applying subclause (II), a purpose of guidance by the Secretary, and derstatements under section 6662 and other achieving a financial accounting benefit ‘‘(ii) subclause (II) of paragraph (1)(B)(ii) special rules, see section 6662A(e). shall not be taken into account in deter- shall be disregarded in determining whether ‘‘(2) For reporting of penalty imposed mining whether a transaction has a substan- any of such benefits are allowable. under this section to the Securities and Ex- tial nontax purpose if the origin of such fi- ‘‘(4) OTHER COMMON LAW DOCTRINES NOT AF- change Commission, see section 6707A(e).’’. nancial accounting benefit is a reduction of FECTED.—Except as specifically provided in (b) COORDINATION WITH OTHER UNDERSTATE- income tax. this subsection, the provisions of this sub- MENTS AND PENALTIES.— ‘‘(ii) SPECIAL RULE WHERE TAXPAYER RELIES section shall not be construed as altering or (1) The second sentence of section ON PROFIT POTENTIAL.—A transaction shall supplanting any other rule of law, and the 6662(d)(2)(A) of the Internal Revenue Code of not be treated as having economic substance requirements of this subsection shall be con- 1986 is amended by inserting ‘‘and without by reason of having a potential for profit un- strued as being in addition to any such other regard to items with respect to which a pen- less— rule of law. alty is imposed by section 6662B’’ before the ‘‘(I) the present value of the reasonably ex- ‘‘(5) REGULATIONS.—The Secretary shall period at the end. pected pre-tax profit from the transaction is prescribe such regulations as may be nec- (2) Subsection (e) of section 6662A of the In- substantial in relation to the present value essary or appropriate to carry out the pur- ternal Revenue Code of 1986 is amended— of the expected net tax benefits that would poses of this subsection. Such regulations (A) in paragraph (1), by inserting ‘‘and non- be allowed if the transaction were respected, may include exemptions from the applica- economic substance transaction understate- and tion of this subsection.’’. ments’’ after ‘‘reportable transaction under- ‘‘(II) the reasonably expected pre-tax profit (b) EFFECTIVE DATE.—The amendments statements’’ both places it appears, from the transaction exceeds a risk-free rate made by this section shall apply to trans- (B) in paragraph (2)(A), by inserting ‘‘and a of return. actions entered into after the date of the en- noneconomic substance transaction under- actment of this Act. ‘‘(C) TREATMENT OF FEES AND FOREIGN statement’’ after ‘‘reportable transaction un- TAXES.—Fees and other transaction expenses SEC. l12. PENALTY FOR UNDERSTATEMENTS AT- derstatement’’, and foreign taxes shall be taken into account TRIBUTABLE TO TRANSACTIONS (C) in paragraph (2)(B), by inserting ‘‘6662B LACKING ECONOMIC SUBSTANCE. as expenses in determining pre-tax profit or’’ before ‘‘6663’’, (a) IN GENERAL.—Subchapter A of chapter under subparagraph (B)(ii). 68 of the Internal Revenue Code of 1986 is (D) in paragraph (2)(C)(i), by inserting ‘‘or ‘‘(2) SPECIAL RULES FOR TRANSACTION WITH amended by inserting after section 6662A the section 6662B’’ before the period at the end, TAX-INDIFFERENT PARTIES.— following: (E) in paragraph (2)(C)(ii), by inserting ‘‘(A) SPECIAL RULES FOR FINANCING TRANS- ‘‘and section 6662B’’ after ‘‘This section’’, ‘‘SEC. 6662B. PENALTY FOR UNDERSTATEMENTS ACTIONS.—The form of a transaction which is ATTRIBUTABLE TO TRANSACTIONS (F) in paragraph (3), by inserting ‘‘or non- in substance the borrowing of money or the LACKING ECONOMIC SUBSTANCE. economic substance transaction understate- acquisition of financial capital directly or ‘‘(a) IMPOSITION OF PENALTY.—If a taxpayer ment’’ after ‘‘reportable transaction under- indirectly from a tax-indifferent party shall has an noneconomic substance transaction statement’’, and not be respected if the present value of the understatement for any taxable year, there (G) by adding at the end the following new deductions to be claimed with respect to the shall be added to the tax an amount equal to paragraph: transaction is substantially in excess of the 40 percent of the amount of such understate- ‘‘(3) NONECONOMIC SUBSTANCE TRANSACTION present value of the anticipated economic re- ment. UNDERSTATEMENT.—For purposes of this sub- turns of the person lending the money or ‘‘(b) REDUCTION OF PENALTY FOR DISCLOSED section, the term ‘noneconomic substance providing the financial capital. A public of- TRANSACTIONS.—Subsection (a) shall be ap- transaction understatement’ has the mean- fering shall be treated as a borrowing, or an plied by substituting ‘20 percent’ for ‘40 per- ing given such term by section 6662B(c).’’. acquisition of financial capital, from a tax- cent’ with respect to the portion of any non- (3) Paragraph (2) of section 6707A(e) of the indifferent party if it is reasonably expected economic substance transaction understate- Internal Revenue Code of 1986 is amended— that at least 50 percent of the offering will be ment with respect to which the relevant (A) by striking ‘‘or’’ at the end of subpara- placed with tax-indifferent parties. facts affecting the tax treatment of the item graph (B), and ‘‘(B) ARTIFICIAL INCOME SHIFTING AND BASIS are adequately disclosed in the return or a (B) by striking subparagraph (C) and in- ADJUSTMENTS.—The form of a transaction statement attached to the return. serting the following new subparagraphs:

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7669

‘‘(C) is required to pay a penalty under sec- (ii) a nuclear power electric generating (2) EXCEPTION.—The Chairperson, in co- tion 6662B with respect to any noneconomic plant; operation with the Administrator and other substance transaction, or (iii) a natural gas-fired electric generating Federal and State administrative agencies ‘‘(D) is required to pay a penalty under sec- plant; and officials, shall maintain a complete con- tion 6662(h) with respect to any transaction (iv) a waste-to-energy facility; solidated record of all decisions made and all and would (but for section 6662A(e)(2)(C)) (v) a geothermal electric generating facil- actions carried out by the Commissioner or a have been subject to penalty under section ity; Federal or State administrative agency or 6662A at a rate prescribed under section (vi) a wind or solar electric generating fa- officer with respect to any Federal author- 6662A(c) or under section 6662B,’’. cility; ization of a nuclear power electric gener- (c) CLERICAL AMENDMENT.—The table of (vii) a petroleum refinery; ating facility. sections for part II of subchapter A of chap- (viii) a biorefinery; (3) TREATMENT.— ter 68 of the Internal Revenue Code of 1986 is (ix) a biogas conversion unit; (A) IN GENERAL.—Except as provided in amended by inserting after the item relating (x) a shale-oil production site; or subparagraph (B), the records under para- to section 6662A the following: (xi) an oil or gas exploration and produc- graphs (1) and (2) shall serve as the record for ‘‘Sec. 6662B. Penalty for understatements tion lease. a decision or action for purposes of judicial attributable to transactions (B) INCLUSIONS.—The term ‘‘Federal energy review of the decision or action under sub- lacking economic substance, authorization’’ includes any permit, special section (e). etc.’’. use authorization, certification, opinion, or (B) EXCEPTION.—If the United States Court other approval required under Federal law of Appeals for the District of Columbia de- (d) EFFECTIVE DATE.—The amendments (including regulations) with respect to the made by this section shall apply to trans- termines that a record under paragraph (1) siting, construction, expansion, or operation or (2) contains insufficient information, the actions entered into after the date of the en- of an energy facility referred to in subpara- actment of this Act. court may remand the proceeding to the Ad- graph (A). ministrator for development of the record. SEC. l13. DENIAL OF DEDUCTION FOR INTEREST (b) DESIGNATION AS LEAD AGENCY.— UDICIAL EVIEW ON UNDERPAYMENTS ATTRIB- (1) IN GENERAL.—Except as provided in (e) J R .— UTABLE TO NONECONOMIC SUB- paragraph (2), the Environmental Protection (1) IN GENERAL.—The United States Court STANCE TRANSACTIONS. Agency shall act as the lead agency for the of Appeals for the District of Columbia shall (a) IN GENERAL.—Section 163(m) of the In- purposes of coordinating all Federal energy have original and exclusive jurisdiction over ternal Revenue Code of 1986 (relating to in- authorizations and related environmental re- any civil action for the review of— terest on unpaid taxes attributable to non- views. (A) an order or action by a Federal or disclosed reportable transactions) is amend- (2) EXCEPTION.—In the case of a nuclear State administrative agency or official relat- ed— power electric generating facility, the Nu- ing to a Federal energy authorization; or (1) by striking ‘‘attributable’’ and all that clear Regulatory Commission shall act as (B) an alleged failure to act by a Federal or follows and inserting the following: ‘‘attrib- the lead agency for purposes of coordinating State administrative agency or official with utable to— all Federal nuclear energy authorizations. respect to a Federal energy authorization. ‘‘(1) the portion of any reportable trans- (3) OTHER AGENCIES.—Each Federal or (2) REMAND.— action understatement (as defined in section State agency or official required to provide a (A) IN GENERAL.—The court shall remand a 6662A(b)) with respect to which the require- Federal energy authorization shall cooperate proceeding to the applicable agency or offi- ment of section 6664(d)(2)(A) is not met, or with the Administrator or the Chairperson, cial in any case in which the court deter- ‘‘(2) any noneconomic substance trans- as applicable, including by complying with mines under paragraph (1) that— action understatement (as defined in section any applicable deadline relating to the Fed- (i)(I) an order or action described in para- 6662B(c)).’’; and eral energy authorization established by the graph (1)(A) is inconsistent with the Federal (2) by inserting ‘‘and noneconomic sub- Administrator or Chairperson under sub- law applicable to the Federal energy author- stance transactions’’ after ‘‘transactions’’. section (c). ization; (b) EFFECTIVE DATE.—The amendments (c) SCHEDULE.— (II) a failure to act described in paragraph made by this section shall apply to trans- (1) AUTHORITY OF ADMINISTRATOR.—The Ad- (1)(B) has occurred; or actions after the date of the enactment of ministrator shall establish a schedule for all (III) a Federal or State administrative this Act in taxable years ending after such Federal energy authorizations as the Admin- agency or official failed to meet an applica- date. istrator determines to be appropriate— ble deadline under subsection (c) with re- (A) to ensure expeditious completion of all spect to a Federal energy authorization; and SA 1559. Mr. HAGEL submitted an proceedings relating to Federal energy au- (ii) the order, action, or failure to act amendment intended to be proposed to thorizations; and would prevent the siting, construction, ex- amendment SA 1502 proposed by Mr. (B) to accommodate any applicable related pansion, or operation of an energy facility REID to the bill H.R. 6, to reduce our schedules established by Federal law (includ- referred to in subsection (a)(2)(A). Nation’s dependency on foreign oil by ing regulations). (B) SCHEDULE.—On remand of an order, ac- investing in clean, renewable, and al- (2) AUTHORITY OF CHAIRPERSON.—The Chair- tion, or failure to act under subparagraph ternative energy resources, promoting person shall collaborate with the Adminis- (A), the court shall establish a reasonable trator to establish an appropriate schedule schedule and deadline for the agency or offi- new emerging energy technologies, de- for all environmental authorizations re- cial to act with respect to the remand. velop greater efficiency, and creating a quired with respect to facilities described in (3) ACTION BY LEAD AGENCY.— Strategic Energy Efficiency and Re- subsection (b)(2) that— (A) IN GENERAL.—Except as provided in newables Reserve to invest in alter- (A) takes into consideration the longer subparagraph (B), for any civil action native energy, and for other purposes; lead time required by the permitting process brought under this subsection, the Adminis- which was ordered to lie on the table; for nuclear power electric generating facili- trator shall promptly file with the court the as follows: ties; and consolidated record compiled by the Admin- (B) allows for simultaneous environmental istrator pursuant to subsection (d)(1). At the end of title II, add the following: and security reviews of potential sites to (B) EXCEPTION.—For any civil action Subtitle F—Energy-Related Regulatory provide for joint authorization of the sites brought under this subsection with respect Reform by the Administrator and the Chairperson. to a nuclear power electric generating facil- SEC. 281. PROCESS COORDINATION AND RULES (3) FAILURE TO MEET SCHEDULE.—If a Fed- ity, the Chairperson shall promptly file with OF PROCEDURE. eral or State administrative agency or offi- the court the consolidated record compiled (a) DEFINITIONS.—In this section: cial fails to complete a proceeding for any by the Chairperson pursuant to subsection (1) ADMINISTRATOR.—The term ‘‘Adminis- approval required for a Federal energy au- (d)(2). trator’’ means the Administrator of the En- thorization in accordance with the schedule (4) EXPEDITED CONSIDERATION.—The Court vironmental Protection Agency. established under paragraph (1) or (2), any af- shall provide expedited consideration of any (2) CHAIRPERSON.—The term ‘‘Chairperson’’ fected applicant for the Federal energy au- civil action brought under this subsection. means the Chairperson of the Nuclear Regu- thorization may seek judicial review of the (5) ATTORNEY’S FEES.— latory Commission. failure under subsection (e). (A) IN GENERAL.—Except as provided in (3) FEDERAL ENERGY AUTHORIZATION.— (d) CONSOLIDATED RECORD.— subparagraph (B), in any action challenging (A) IN GENERAL.—The term ‘‘Federal en- (1) IN GENERAL.—Except as provided in a Federal energy authorization that has been ergy authorization’’ means any authoriza- paragraph (2), the Administrator, in coopera- granted, reasonable attorney’s fees and other tion required under Federal law (including tion with Federal and State administrative expenses of the litigation shall be awarded to regulations), regardless of whether the law is agencies and officials, shall maintain a com- the prevailing party. administered by a Federal or State adminis- plete consolidated record of all decisions (B) EXCEPTION.—Subparagraph (A) shall trative agency or official, with respect to the made and all actions carried out by the Ad- not apply to any action seeking a remedy siting, construction, expansion, or operation ministrator or a Federal or State adminis- for— of an energy facility, including— trative agency or officer with respect to any (i) denial of a Federal energy authoriza- (i) a coal-fired electric generating plant; Federal energy authorization. tion; or

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7670 CONGRESSIONAL RECORD — SENATE June 13, 2007 (ii) failure to act on an application for a ‘‘(II) the ability of enterprises with prin- shall not be an employee of the applicable Federal energy authorization. cipal places of business in the United States agency for which the advisory committee is SEC. 282. ENERGY SECURITY AND REGULATORY to compete in domestic or international established. REFORM. markets; ‘‘(c) TERM; VACANCIES.— (a) ENERGY-RELATED REGULATORY RE- ‘‘(iii) a serious inconsistency or inter- ‘‘(1) TERM.—A member shall be appointed FORM.—Title V of the National Energy Con- ference with an action carried out or planned for the life of an advisory committee. servation Policy Act (42 U.S.C. 8241 et seq.) is to be carried out by another Federal agency; ‘‘(2) VACANCIES.—A vacancy on an advisory amended by adding at the end the following: ‘‘(iv) the material alteration of the budg- committee— ‘‘PART 5—ENERGY-RELATED REGULATORY etary impact of— ‘‘(A) shall not affect the powers of the ad- REFORM ‘‘(I) entitlements, grants, user fees, or loan visory committee; and ‘‘SEC. 571. DEFINITIONS. programs; or ‘‘(B) shall be filled in the same manner as ‘‘In this part: ‘‘(II) the rights and obligations of recipi- the original appointment was made. ents of such a program; or ‘‘(d) CHAIRPERSON; PANELS.—The head of an ‘‘(1) ADVISORY COMMITTEE.—The term ‘advi- applicable agency— sory committee’ means an advisory com- ‘‘(v) disproportionate costs to a class of ‘‘(1) shall select a Chairperson from among mittee established under section 572(a). regulated persons, including relatively se- vere economic consequences for that class. the members of an advisory committee; and ‘‘(2) APPLICABLE AGENCY.—The term ‘appli- ‘‘(8) RULE.— ‘‘(2) may establish such panels as the head cable agency’ means any Federal department ‘‘(A) IN GENERAL.—The term ‘rule’ has the determines to be necessary to assist an advi- or agency that, during the 10-year period meaning given the term in section 551 of sory committee in carrying out duties of the ending on the date on which an advisory title 5, United States Code. advisory committee. committee is established, promulgated a ‘‘(B) INCLUSION.—The term ‘rule’ includes ‘‘(e) DUTIES.— major rule. any statement of general applicability that ‘‘(1) IN GENERAL.—An advisory committee ‘‘(3) BENEFIT.—The term ‘benefit’, with re- alters or creates a right or obligation of a shall review all energy rules promulgated by spect to a rule, means any reasonably identi- person not employed by the applicable regu- the applicable agency for which the advisory fiable, significant, and favorable effect latory agency. committee is established during the 10-cal- (whether quantifiable or unquantifiable), in- ‘‘(C) EXCLUSIONS.—The term ‘rule’ does not endar-year period ending on the date on cluding a social, health, safety, environ- include— which the advisory committee is established, mental, economic, energy, or distributional ‘‘(i) a rule of particular applicability that in accordance with section 573. effect, that is expected to result, directly or approves or prescribes— ‘‘(2) PUBLIC PARTICIPATION.—An advisory indirectly, from the implementation of, or ‘‘(I) future rates, wages, prices, services, committee shall solicit public comment with compliance with, the rule. corporate or financial structures, reorganiza- respect to energy rules reviewed by the advi- ‘‘(4) COST.—The term ‘cost’, with respect to tions, mergers, acquisitions, or accounting sory committee through appropriate means, a rule, means any reasonably identifiable practices; or including— and significant adverse effect (whether quan- ‘‘(II) any disclosure relating to an item de- ‘‘(A) hearings; tifiable or unquantifiable), including a so- scribed in subclause (I); ‘‘(B) written comments; cial, health, safety, environmental, eco- ‘‘(ii) a rule relating to monetary policy or ‘‘(C) public meetings; and nomic, energy, or distributional effect, that to the safety or soundness of an institution ‘‘(D) electronic mail. is expected to result, directly or indirectly, (including any affiliate, branch, agency, ‘‘(f) TRAVEL EXPENSES.—A member of an from the implementation of, or compliance commercial lending company, or representa- advisory committee shall be allowed travel with, the rule. tive office of the institution (within the expenses, including per diem in lieu of sub- ‘‘(5) ENERGY RULE.—The term ‘energy rule’ meaning of the International Banking Act of sistence, at rates authorized for an employee means a major rule that has a direct impact 1956 (12 U.S.C. 1841 et seq.)) that is— of an agency under subchapter I of chapter 57 on the production, distribution, or consump- ‘‘(I) a federally-insured depository institu- of title 5, United States Code, while away tion of energy, as determined by the Sec- tion or any affiliate of such an institution from the home or regular place of business of retary of Energy. (as defined in section 2(k) of the Bank Hold- the member in the performance of the duties ‘‘(6) FLEXIBLE REGULATORY OPTION.— ing Company Act of 1956 (12 U.S.C. 1841(k)); of the advisory committee. ‘‘(A) IN GENERAL.—The term ‘flexible regu- ‘‘(II) a credit union; ‘‘(g) TERMINATION.—An advisory committee latory option’ means an option at a point in ‘‘(III) a Federal home loan bank; shall terminate on the date that is 5 years the regulatory process that provides flexi- ‘‘(IV) a government-sponsored housing en- after the date on which the advisory com- bility to any person subject to an applicable terprise; mittee is established. rule with respect to complying with the rule. ‘‘(V) a farm credit institution; or ‘‘SEC. 573. REVIEW OF ENERGY RULES. ‘‘(B) INCLUSION.—The term ‘flexible regu- ‘‘(VI) a foreign bank that operates in the ‘‘(a) LIST.— latory option’ includes any option described United States; or ‘‘(1) IN GENERAL.—An advisory committee in subparagraph (A) that uses— ‘‘(iii) a rule relating to— shall develop a list describing each energy ‘‘(i) a market-based mechanism; ‘‘(I) the payment system; or rule promulgated during the preceding 10- ‘‘(ii) an outcome-oriented, performance- ‘‘(II) the protection of— year period by the applicable agency for based standard; or ‘‘(aa) deposit insurance funds; or which the advisory committee is established ‘‘(iii) any other option that promotes flexi- ‘‘(bb) the farm credit insurance fund. that, as determined by the advisory com- bility, as determined by the head of the ap- mittee— ‘‘SEC. 572. ADVISORY COMMITTEES FOR ENERGY plicable agency. RULES. ‘‘(A) should be reviewed by the head of the ‘‘(7) MAJOR RULE.—The term ‘major rule’ ‘‘(a) ESTABLISHMENT.—Not later than 90 applicable agency; and means a rule or group of closely related days after the date of enactment of this part, ‘‘(B) reasonably could be subject to such a rules— and every 5 years thereafter, the head of review during the 5-calendar-year period be- ‘‘(A) the reasonably quantifiable increased each applicable agency shall establish an ad- ginning on the date on which the energy rule direct and indirect costs of which are likely visory committee to review all energy rules is included on the list. to have a gross annual effect on the United promulgated by the applicable agency during ‘‘(2) FACTORS FOR CONSIDERATION.—In de- States economy of at least $100,000,000, or the 10-calendar-year period ending on the veloping a list under paragraph (1), an advi- that has a significant impact on a sector of date on which the advisory committee is es- sory committee shall take into consider- the economy, as determined by— tablished. ation— ‘‘(i) the head of the agency proposing the ‘‘(b) MEMBERSHIP.— ‘‘(A) the cost of an energy rule with re- rule; or ‘‘(1) IN GENERAL.—The head of an applica- spect to energy production or energy effi- ‘‘(ii) the President (or a designee); or ble agency shall appoint not more than 15 ciency of any individual or entity subject to ‘‘(B) that is otherwise designated as a members to serve on an advisory committee. the energy rule; major rule by the head of the agency pro- ‘‘(2) REQUIREMENT.—In appointing members ‘‘(B) the extent to which an energy rule posing the rule or the President (or a des- to serve on an advisory committee under could be revised to substantially increase net ignee), based on a determination that the paragraph (1), the head of the applicable benefits of the energy rule, including rule is likely to result in— agency shall ensure that the membership of through flexible regulatory options; ‘‘(i) a substantial increase in costs for— the advisory committee reflects a balanced ‘‘(C) the relative importance of an energy ‘‘(I) consumers; cross-section of public and private parties af- rule, as compared to other energy rules con- ‘‘(II) an industrial sector; fected by energy rules issued by the applica- sidered for inclusion on the list; and ‘‘(III) nonprofit organizations; ble agency, including— ‘‘(D) the discretion of the applicable agen- ‘‘(IV) any Federal, State, or local govern- ‘‘(A) small businesses; cy under an applicable authorizing law or mental agency; or ‘‘(B) units of State and local government; regulation to modify or repeal the energy ‘‘(V) a geographical region; and rule. ‘‘(ii) a significant adverse effect on— ‘‘(C) public interest groups. ‘‘(3) SUBMISSION.—Not later than 1 year ‘‘(I) competition, employment, investment, ‘‘(3) PROHIBITION ON FEDERAL GOVERNMENT after the date on which an advisory com- productivity, innovation, health, safety, or EMPLOYMENT.—A member of an advisory mittee is established and annually there- the environment; or committee appointed under paragraph (1) after, the advisory committee shall submit

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7671 to the head of the applicable agency for ‘‘(C) not later than the date that is 60 days ‘‘SEC. 574. PROSPECTIVE CONSIDERATION OF EN- which the advisory committee is established before the deadline applicable to the energy ERGY RULES. the list developed under paragraph (1), with rule under the final schedule, a final notice ‘‘(a) DETERMINATION.— each energy rule represented on the list in relating to the energy rule that— ‘‘(1) IN GENERAL.—In promulgating any descending order of importance, in accord- ‘‘(i) addresses public comments received as rule, the head of an applicable agency shall ance with the priority assigned to review of a result of the notice under subparagraph determine whether the rule is an energy the energy rule by the advisory committee. (B); rule. ‘‘(4) ACTION BY APPLICABLE AGENCY.—As ‘‘(ii) contains— ‘‘(2) TREATMENT.—The head of an applica- soon as practicable after receipt of a list ‘‘(I) a determination of the applicable ble agency may determine under paragraph under paragraph (3), the head of an applica- agency regarding whether to continue in ef- (1) that a set of related rules proposed to be ble agency shall— fect, modify, or repeal the energy rule; and promulgated by the applicable agency shall ‘‘(A) publish the list in the Federal Reg- ‘‘(II) an explanation of the determination; be considered to be an energy rule. ister; and and ‘‘(b) REGULATORY IMPACT ANALYSIS.— ‘‘(B) submit to Congress a copy of the list. ‘‘(iii) if the applicable agency determines ‘‘(1) IN GENERAL.—In promulgating an en- ‘‘(b) SCHEDULES FOR REVIEW.— to modify or repeal the energy rule, a notice ergy rule, the head of an applicable agency ‘‘(1) PRELIMINARY SCHEDULE.— of proposed rulemaking under section 553 of shall prepare— ‘‘(A) IN GENERAL.—Not later than 60 days title 5, United States Code, as applicable. ‘‘(A) by not later than the date that is 60 after the date of receipt of a list under sub- ‘‘(2) DETERMINATIONS.— days before the date of publication of notice section (a)(3), the head of an applicable agen- ‘‘(A) IN GENERAL.—Not later than the dead- of the proposed rulemaking, a preliminary cy shall develop and publish in the Federal regulatory impact analysis relating to the Register a preliminary schedule for review line applicable to an energy rule under the energy rule; and by the applicable agency of the energy rules final schedule under subsection (b)(2), the ‘‘(B) a final regulatory impact analysis re- included on the list, including an expla- head of the applicable agency shall make a lating to the energy rule, which shall be sub- nation for each modification of the list by determination— mitted together with the final energy rule by the applicable agency. ‘‘(i) to continue the energy rule in effect; not later than the date that is 30 days before ‘‘(B) NOTICE AND COMMENT.—The head of an ‘‘(ii) to modify the energy rule; or the date of publication of the final energy applicable agency shall provide notice and ‘‘(iii) to repeal the energy rule. rule. an opportunity for public comment on a pre- ‘‘(B) CONTINUING IN EFFECT.—A determina- ONTENTS.—A preliminary or final reg- liminary schedule for a period of not less tion by the head of an applicable agency ‘‘(2) C than 60 days after the date of publication of under subparagraph (A)(i) to continue an en- ulator impact analysis relating to an energy the preliminary schedule under subpara- ergy rule in effect— rule under paragraph (1) shall contain— graph (A). ‘‘(i) shall be published in the Federal Reg- ‘‘(A) a description of the potential benefits of the energy rule, including a description ‘‘(2) FINAL SCHEDULE.— ister; and of— ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(ii) shall be considered to be a final agen- after the date of expiration of the applicable cy action effective beginning on the date ‘‘(i) any beneficial effects that cannot be comment period under paragraph (1)(B), the that is 60 days after the date of publication quantified in monetary terms; and head of the applicable agency shall develop of the determination. ‘‘(ii) an identification of individuals and and publish in the Federal Register a final ‘‘(C) MODIFICATION OR REPEAL.—On a deter- entities likely to receive the benefits; schedule for review of the energy rules by mination by the head of an applicable agency ‘‘(B) an explanation of the necessity, legal the applicable agency. to modify or repeal an energy rule under authority, and reasonableness of the energy ‘‘(B) CONTENTS.— clause (ii) or (iii) of subparagraph (A), the rule together with a description of the condi- ‘‘(i) IN GENERAL.—A final schedule under applicable agency shall complete final agen- tion that the energy rule is intended to ad- subparagraph (A) shall include a deadline by cy action with respect to the modification or dress; which the applicable agency shall review repeal by not later than 2 years after the ‘‘(C) a description of the potential costs of each energy rule included on the list. deadline applicable to the energy rule under the energy rule, including a description of— ‘‘(ii) REQUIREMENT.—A deadline described the final schedule under subsection (b)(2). ‘‘(i) any costs that cannot be quantified in in clause (i) shall be not later than 5 years monetary terms; and ‘‘(d) JUDICIAL REVIEW.— after the date of publication of the final ‘‘(ii) an identification of the individuals ‘‘(1) IN GENERAL.—No preliminary or final schedule. and entities likely to bear the costs; schedule under this section shall be subject ‘‘(3) REQUIREMENT.—In developing a pre- ‘‘(D)(i) an analysis of any alternative ap- to judicial review. liminary or final schedule under this sub- proach, including market-based mechanisms, ‘‘(2) DETERMINATION TO CONTINUE IN EF- section, the head of an applicable agency— that could substantially achieve the regu- FECT.— ‘‘(A) shall defer, to the maximum extent latory goal of the energy rule at a lower ‘‘(A) DEFINITION OF REASONABLE ALTER- practicable, to the recommendations of the cost; and NATIVE.— advisory committee; but ‘‘(ii) an explanation of the reasons why the ‘‘(i) IN GENERAL.—In this paragraph, the ‘‘(B) may modify the list of the advisory alternative approach was not adopted, to- term ‘reasonable alternative’, with respect committee, taking into consideration— gether with a demonstration that the energy to an option at a point in the regulatory ‘‘(i) the factors described in subsection rule provides the least-costly approach with process, means an option that— (a)(2); and respect to the regulatory goal; ‘‘(I) would achieve the purpose of the appli- ‘‘(ii) any limitation on resources or author- ‘‘(E)(i) an analysis of the benefits and costs cable rule; and ity of the applicable agency. of the energy rule to the national energy ‘‘(II) the head of the applicable Federal ‘‘(c) REVIEW.— supply and national energy security; and agency has the authority to elect. ‘‘(1) REQUIRED PUBLICATIONS.—For each en- ‘‘(ii) an explanation in any case in which ergy rule included on the final schedule of an ‘‘(ii) INCLUSION.—The term ‘reasonable al- the energy rule will cause undue harm to the applicable agency under subsection (b)(2), ternative’ includes a flexible regulatory op- energy stability of any region; the head of the applicable agency shall pub- tion. ‘‘(F) a statement that, as applicable— lish in the Federal Register— ‘‘(B) ACTION BY COURT.—A court of com- ‘‘(i) the energy rule does not conflict with, ‘‘(A) not later than the date that is 2 years petent jurisdiction may remand a determina- or duplicate, any other rule; or before the deadline applicable to the energy tion to continue an energy rule in effect ‘‘(ii) describes the reasons why such a con- rule under the final schedule, a notice that under subsection (c)(2)(B) only on clear and flict or duplication exists; and solicits public comment regarding whether convincing evidence that a reasonable alter- ‘‘(G) a statement that describes whether the energy rule should be continued in effect, native was available to the energy rule. the energy rule will require— modified, or repealed; ‘‘(3) FAILURE TO ACT.—A failure of the head ‘‘(i) any onsite inspection; or ‘‘(B) not later than the date that is 1 year of an applicable agency to carry out an ac- ‘‘(ii) any individual or entity— before the deadline applicable to the energy tion required under this section shall be sub- ‘‘(I) to maintain records that will be sub- rule under the final schedule, a notice that— ject to judicial review only as provided in ject to inspection; or ‘‘(i) addresses public comments received as section 706(1) of title 5, United States Code. ‘‘(II) to obtain any license, permit, or other a result of the notice under subparagraph ‘‘(e) EFFECT OF SECTION.— certification, including a description of any (A); ‘‘(1) IN GENERAL.—Nothing in this section associated fees or fines. ‘‘(ii) contains a preliminary analysis by limits the discretion of an applicable agency, ‘‘(3) COMBINATION WITH FLEXIBILITY ANAL- the applicable agency relating to the energy on making a determination described in YSIS.—An energy rule regulatory impact rule; clause (ii) or (iii) of subsection (c)(2)(A), to analysis under paragraph (1) may be pre- ‘‘(iii) contains a preliminary determina- elect not to modify or repeal the applicable pared together with the regulatory flexi- tion of the applicable agency regarding energy rule. bility analysis relating to the energy rule whether the energy rule should be continued ‘‘(2) TREATMENT.—An election of an appli- under sections 603 and 604 of title 5, United in effect, modified, or repealed; and cable agency described in paragraph (1) shall States Code. ‘‘(iv) solicits public comment on that pre- be considered to be a final agency action for ‘‘(c) REVIEW OF REGULATORY IMPACT ANAL- liminary determination; and purposes of judicial review. YSES.—

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7672 CONGRESSIONAL RECORD — SENATE June 13, 2007 ‘‘(1) IN GENERAL.—The head of an applica- ‘‘(2) NONAPPLICABILITY.—This section shall SA 1560. Mr. HAGEL submitted an ble agency shall review, and prepare com- not apply to— amendment intended to be proposed to ments regarding— ‘‘(A) a major rule promulgated in response amendment SA 1502 proposed by Mr. ‘‘(A) each notice of proposed rulemaking to an emergency situation, if a report de- REID to the bill H.R. 6, to reduce our relating to an energy rule of the applicable scribing the major rule and the emergency Nation’s dependency on foreign oil by agency; situation is submitted to the head of each af- ‘‘(B) each preliminary and final regulatory fected applicable agency as soon as prac- investing in clean, renewable, and al- impact analysis relating to an energy rule of ticable after promulgation of the major rule; ternative energy resources, promoting the applicable agency under this section; and ‘‘(B) a major rule proposed or promulgated new emerging energy technologies, de- ‘‘(C) each final energy rule of the applica- in connection with the implementation of veloping greater efficiency, and cre- ble agency. monetary policy or to ensure the safety and ating a Strategic Energy Efficiency ‘‘(2) CONSULTATION.—On receipt of a re- soundness of— and Renewables Reserve to invest in al- quest of a head of an applicable agency, any ‘‘(i) a federally-insured depository institu- ternative energy, and for other pur- officer or employee of another applicable tion or an affiliate of such an institution; poses; which was ordered to lie on the agency shall consult with the head regarding ‘‘(ii) a credit union; or table; as follows: a review under paragraph (1). ‘‘(iii) a government-sponsored housing en- ‘‘(3) REQUIREMENT.—The head of an appli- terprise regulated by the Office of Federal At the appropriate place, insert the fol- lowing: cable agency shall not promulgate an energy Housing Enterprise Oversight; rule until the date on which the final regu- ‘‘(C) an action by an applicable agency TITLE VIII—TAX INCENTIVES FOR PRO- latory impact analysis relating to the energy that the head of the applicable agency cer- DUCTION AND CONSERVATION OF EN- rule is published in the Federal Register. tifies is limited to interpreting, imple- ERGY ‘‘(4) REVIEW OF OTHER APPLICABLE AGEN- menting, or administering the internal rev- SEC. 801. INCOME AND GAINS FROM ELEC- CIES.— enue laws of the United States, including TRICITY TRANSMISSION SYSTEMS ‘‘(A) IN GENERAL.—On receipt of a request any regulation proposed or issued in connec- TREATED AS QUALIFYING INCOME of a head of an applicable agency, another FOR PUBLICLY TRADED PARTNER- tion with ensuring the collection of taxes SHIPS. applicable agency— from a subsidiary of a foreign company doing (a) IN GENERAL.—Section 7704(d)(1) of the ‘‘(i) shall permit the head to review, and business in the United States; or prepare comments regarding— Internal Revenue Code of 1986 (defining ‘‘(D) a major rule proposed or promulgated qualifying income) is amended by redesig- ‘‘(I) a notice of proposed rulemaking relat- pursuant to section 553 of title 5, United ing to an energy rule of the applicable agen- nating subparagraphs (F) and (G) as subpara- States Code, in connection with imposing a graphs (G) and (H), respectively, and by in- cy; or trade sanction against any country that en- ‘‘(II) a preliminary or final regulatory im- serting after subparagraph (E) the following gages in illegal trade activities against the new subparagraph: pact analysis relating to an energy rule of United States that are injurious to United the applicable agency under this section; and ‘‘(F) income and gains from the trans- States technology, jobs, pensions, or general mission of electricity at 69 or more kilovolts ‘‘(ii) shall not publish the notice of pro- economic well-being.’’. posed rulemaking or preliminary or final through any property the original use of (b) REPORT.—Not later than 2 years after regulatory impact analysis until the earlier which commences after December 31, 2006,’’. the date of enactment of this Act, the Direc- (b) EFFECTIVE DATE.—The amendments of— tor of the Office of Management and Budget made by this section shall take effect on the ‘‘(I) the date on which— shall submit to Congress a report that con- date of the enactment of this Act, in taxable ‘‘(aa) the head completes the review; and tains an analysis of— years ending after such date. ‘‘(bb) the applicable agency submits to the (1) rulemaking procedures of Federal de- head a response to any comments of the head SEC. 802. FIVE-YEAR APPLICABLE RECOVERY PE- partments and agencies; and RIOD FOR DEPRECIATION OF QUALI- and includes in the comments of the applica- (2) the impact of those procedures on— FIED ENERGY MANAGEMENT DE- ble agency the response, in accordance with (A) the public; and VICES. subparagraph (B)(ii); and (B) the regulatory process. (a) IN GENERAL.—Section 168(e)(3)(B) of the ‘‘(II) the expiration of the deadline de- Internal Revenue Code of 1986 (defining 5- (c) EFFECTIVE DATE.—The amendments scribed in subparagraph (B)(i). year property) is amended by striking ‘‘and’’ made by subsection (a) shall apply only to ‘‘(B) DEADLINES.— at the end of clause (v), by striking the pe- final rules of Federal departments and agen- ‘‘(i) REVIEW AND COMMENT BY HEAD.—A riod at the end of clause (vi)(III) and insert- cies the rulemaking process for which begins head of an applicable agency shall complete ing ‘‘, and’’, and by inserting after clause (vi) after the date of enactment of this Act. a review of a notice of proposed rulemaking the following new clause: or preliminary or final regulatory impact (d) OTHER POLICIES AND GOALS.— ‘‘(vii) any qualified energy management analysis of another applicable agency under (1) DECLARATION OF POLICY.—Section 101 of device.’’. subparagraph (A) by not later than 90 days the National Environmental Policy Act of (b) DEFINITION OF QUALIFIED ENERGY MAN- after the date on which the head submits a 1969 (42 U.S.C. 4331) is amended— AGEMENT DEVICE.—Section 168(i) of such Code request for the review. (A) by redesignating subsection (c) as sub- (relating to definitions and special rules) is section (d); and ‘‘(ii) RESPONSE BY APPLICABLE AGENCY.—An amended by inserting at the end the fol- applicable agency shall submit to the head of (B) by inserting after subsection (b) the lowing new paragraph: another applicable agency that conducted a following: ‘‘(18) QUALIFIED ENERGY MANAGEMENT DE- review and submitted comments regarding ‘‘(c) ENERGY SECURITY.—Congress recog- VICE.— an energy rule under subparagraph (A) a re- nizes that, because the production and con- ‘‘(A) IN GENERAL.—The term ‘qualified en- sponse to those comments by not later than sumption of energy has a profound impact on ergy management device’ means any energy 90 days after the date on which the com- the environment, and the availability of af- management device which is placed in serv- ments are received. fordable energy resources is essential to con- ice by a taxpayer who is a supplier of electric ‘‘(d) PLAIN LANGUAGE REQUIREMENT.—The tinued national security and economic secu- energy or a provider of electric energy serv- head of an applicable agency shall ensure, to rity of the United States, it is the policy of ices. the maximum extent practicable, that each the United States to ensure that— ‘‘(B) ENERGY MANAGEMENT DEVICE.—For energy rule and each regulatory impact anal- ‘‘(1) each proposed Federal action should be purposes of subparagraph (A), the term ‘en- ysis relating to an energy rule— analyzed with respect to the impact of the ergy management device’ means any time- ‘‘(1) is written in plain language; and proposed Federal action on the energy secu- based meter and related communications ‘‘(2) provides adequate notice of the re- rity of the United States; and equipment which is capable of being used by quirements of the rule to affected individ- ‘‘(2) an analysis under paragraph (1) should the taxpayer as part of a system that— uals and entities. be taken into consideration in developing ‘‘(i) measures and records electricity usage ‘‘(e) NONAPPLICABILITY TO CERTAIN RULES Federal plans, rules, programs, and ac- data on a time-differentiated basis in at AND AGENCIES.— tions.’’. least 24 separate time segments per day, ‘‘(1) DEFINITION OF EMERGENCY SITUATION.— (2) REPORTS.—Section 102(2)(C) of the Na- ‘‘(ii) provides for the exchange of informa- In this subsection, the term ‘emergency situ- tional Environmental Policy Act of 1969 (42 tion between supplier or provider and the ation’ means a situation that— U.S.C. 4332(2)(C)) is amended— customer’s energy management device in ‘‘(A) is immediately impending and ex- (A) by redesignating clauses (iii) through support of time-based rates or other forms of traordinary in nature; or (v) as clauses (iv) through (vi), respectively; demand response, and ‘‘(B) demands attention due to a condition, and ‘‘(iii) provides data to such supplier or pro- circumstance, or practice that, if no action (B) by inserting after clause (ii) the fol- vider so that the supplier or provider can is taken, would be reasonably expected to lowing: provide energy usage information to cus- cause— ‘‘(iii) the impact on the energy security of tomers electronically.’’. ‘‘(i) death, serious illness, or severe injury the United States in terms of the effects to (c) EFFECTIVE DATE.—The amendments to an individual; or the production, distribution, and consump- made by this section shall apply to property ‘‘(ii) substantial danger to private property tion of energy of the proposal or Federal ac- placed in service in taxable years ending or the environment. tion;’’. after the date of the enactment of this Act.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7673

SEC. 803. SPECIAL DEPRECIATION ALLOWANCE ‘‘(A) by substituting ‘the date of the enact- ‘‘(ii) TAX-EXEMPT BOND-FINANCED PROP- FOR CELLULOSIC BIOMASS ETH- ment of subsection (l)’ for ‘September 10, ERTY.—Such term shall not include any prop- ANOL PLANT PROPERTY. 2001’ each place it appears therein, erty any portion of which is financed with (a) IN GENERAL.—Section 168 of the Inter- ‘‘(B) by substituting ‘January 1, 2013’ for the proceeds of any obligation the interest nal Revenue Code of 1986 (relating to acceler- ‘January 1, 2005’ in clause (i) thereof, and on which is exempt from tax under section ated cost recovery system) is amended by ‘‘(C) by substituting ‘qualified cellulosic 103. adding at the end the following: biomass ethanol plant property’ for ‘quali- ‘‘(iii) ELECTION OUT.—If a taxpayer makes ‘‘(l) SPECIAL ALLOWANCE FOR CELLULOSIC fied property’ in clause (iv) thereof. an election under this subparagraph with re- BIOMASS ETHANOL PLANT PROPERTY.— ‘‘(5) ALLOWANCE AGAINST ALTERNATIVE MIN- spect to any class of property for any taxable ‘‘(1) ADDITIONAL ALLOWANCE.—In the case of IMUM TAX.—For purposes of this subsection, year, this subsection shall not apply to all any qualified cellulosic biomass ethanol rules similar to the rules of section property in such class placed in service dur- plant property— 168(k)(2)(G) shall apply. ing such taxable year. ‘‘(A) the depreciation deduction provided ‘‘(6) RECAPTURE.—For purposes of this sub- ‘‘(3) SPECIAL RULES.—For purposes of this by section 167(a) for the taxable year in section, rules similar to the rules under sec- subsection, rules similar to the rules of sub- which such property is placed in service shall tion 179(d)(10) shall apply with respect to any paragraph (E) of section 168(k)(2) shall apply, include an allowance equal to 50 percent of qualified cellulosic biomass ethanol plant except that such subparagraph shall be ap- the adjusted basis of such property, and property which ceases to be qualified cel- plied— ‘‘(B) the adjusted basis of such property lulosic biomass ethanol plant property.’’. ‘‘(A) by substituting ‘the date of the enact- shall be reduced by the amount of such de- (b) EFFECTIVE DATE.—The amendment ment of subsection (l)’ for ‘September 10, duction before computing the amount other- made by this section shall apply to property 2001’ each place it appears therein, wise allowable as a depreciation deduction placed in service after the date of the enact- ‘‘(B) by substituting ‘January 1, 2013’ for under this chapter for such taxable year and ment of this Act, in taxable years ending ‘January 1, 2005’ in clause (i) thereof, and any subsequent taxable year. after such date. ‘‘(C) by substituting ‘qualified coal-to-liq- ‘‘(2) QUALIFIED CELLULOSIC BIOMASS ETH- SEC. 804. SPECIAL DEPRECIATION ALLOWANCE uid plant property’ for ‘qualified property’ in ANOL PLANT PROPERTY.— FOR COAL-TO-LIQUID FACILITIES. clause (iv) thereof. ‘‘(A) IN GENERAL.—The term ‘qualified cel- (a) IN GENERAL.—Section 168 of the Inter- ‘‘(4) ALLOWANCE AGAINST ALTERNATIVE MIN- lulosic biomass ethanol plant property’ nal Revenue Code of 1986 (relating to acceler- IMUM TAX.—For purposes of this subsection, means property of a character subject to the ated cost recovery system), as amended by rules similar to the rules of section allowance for depreciation— this Act, is amended by adding at the end 168(k)(2)(G) shall apply. ‘‘(i) which is used in the United States the following: ‘‘(5) RECAPTURE.—For purposes of this sub- solely to produce cellulosic biomass ethanol, ‘‘(m) SPECIAL ALLOWANCE FOR COAL-TO-LIQ- section, rules similar to the rules under sec- ‘‘(ii) the original use of which commences UID PLANT PROPERTY.— tion 179(d)(10) shall apply with respect to any with the taxpayer after the date of the en- ‘‘(1) ADDITIONAL ALLOWANCE.—In the case of qualified coal-to-liquid plant property which actment of this subsection, any qualified coal-to-liquid plant property— ceases to be qualified coal-to-liquid plant ‘‘(iii) which has a nameplate capacity of ‘‘(A) the depreciation deduction provided property.’’. 100,000,000 gallons per year of cellulosic bio- by section 167(a) for the taxable year in (b) EFFECTIVE DATE.—The amendment mass ethanol, which such property is placed in service shall made by this subsection shall apply to prop- ‘‘(iv) which is acquired by the taxpayer by include an allowance equal to 50 percent of erty placed in service after the date of the enactment of this Act, in taxable years end- purchase (as defined in section 179(d)) after the adjusted basis of such property, and ing after such date. the date of the enactment of this subsection, ‘‘(B) the adjusted basis of such property but only if no written binding contract for shall be reduced by the amount of such de- SEC. 805. DEDICATED ETHANOL PIPELINES TREATED AS 15-YEAR PROPERTY. the acquisition was in effect on or before the duction before computing the amount other- (a) IN GENERAL.—Section 168(e)(3)(E) of the date of the enactment of this subsection, and wise allowable as a depreciation deduction Internal Revenue Code of 1986 (defining 15- ‘‘(v) which is placed in service by the tax- under this chapter for such taxable year and year property), is amended by striking ‘‘and’’ payer before January 1, 2013. any subsequent taxable year. at the end of clause (vii), by striking the pe- ‘‘(B) EXCEPTIONS.— ‘‘(2) QUALIFIED COAL-TO-LIQUID PLANT PROP- riod at the end of clause (viii) and by insert- ‘‘(i) ALTERNATIVE DEPRECIATION PROP- ERTY.— ing ‘‘, and’’, and by adding at the end the fol- ERTY.—Such term shall not include any prop- ‘‘(A) IN GENERAL.—The term ‘qualified lowing new clause: erty described in section 168(k)(2)(D)(i). coal-to-liquid plant property’ means prop- ‘‘(ix) any dedicated ethanol distribution ‘‘(ii) TAX-EXEMPT BOND-FINANCED PROP- erty of a character subject to the allowance line the original use of which commences ERTY.—Such term shall not include any prop- for depreciation— with the taxpayer after August 1, 2007, and erty any portion of which is financed with ‘‘(i) which is part of a commercial-scale which is placed in service before January 1, the proceeds of any obligation the interest project that converts coal to 1 or more liquid 2013.’’. on which is exempt from tax under section or gaseous transportation fuel that dem- (b) ALTERNATIVE SYSTEM.—The table con- 103. onstrates the capture, and sequestration or tained in section 168(g)(3)(B) of such Code ‘‘(iii) ELECTION OUT.—If a taxpayer makes disposal or use of, the carbon dioxide pro- (relating to special rule for certain property an election under this subparagraph with re- duced in the conversion process, and that, on assigned to classes) is amended by inserting spect to any class of property for any taxable the basis of carbon dioxide sequestration after the item relating to subparagraph year, this subsection shall not apply to all plan prepared by the applicant, is certified (E)(viii) the following new item: property in such class placed in service dur- by the Administrator of the Environmental ‘‘(E)(ix) ...... 35.’’. ing such taxable year. Protection Agency, in consultation with the (c) EFFECTIVE DATE.— ‘‘(3) CELLULOSIC BIOMASS ETHANOL.—For Secretary of Energy, as producing fuel with (1) IN GENERAL.—The amendments made by purposes of this subsection, the term ‘cel- life cycle carbon dioxide emissions at or this section shall apply to property placed in lulosic biomass ethanol’— below the average life-cycle carbon dioxide service after August 1, 2007. ‘‘(A) means ethanol derived from any emissions for the same type of fuel produced (2) EXCEPTION.—The amendments made by lignocellulosic or hemicellulosic matter that at traditional petroleum based facilities this section shall not apply to any property is available on a renewable or recurring with similar annual capacities, with respect to which the taxpayer or re- basis, including— ‘‘(ii) which is used in the United States lated party has entered into a binding con- ‘‘(i) dedicated energy crops and trees, solely to produce coal-to-liquid fuels, tract for the construction thereof on or be- ‘‘(ii) wood and wood residues, ‘‘(iii) the original use of which commences fore August 1, 2007, or, in the case of self-con- ‘‘(iii) plants, with the taxpayer after the date of the en- structed property, has started construction ‘‘(iv) grasses, actment of this subsection, on or before such date. ‘‘(v) agricultural residues, ‘‘(iv) which has a nameplate capacity of SEC. 806. CREDIT FOR POLLUTION ABATEMENT ‘‘(vi) fibers, 30,000 barrels per day production of coal-to- EQUIPMENT. ‘‘(vii) animal wastes and other waste mate- liquid fuels; (a) IN GENERAL.—Subpart D of part IV of rials, and ‘‘(v) which is acquired by the taxpayer by subchapter A of chapter 1 of the Internal ‘‘(viii) municipal and solid waste, and purchase (as defined in section 179(d)) after Revenue Code of 1986 is amended by inserting ‘‘(B) includes any ethanol produced in fa- the date of the enactment of this subsection, after section 45N the following new section: cilities where animal wastes or other waste but only if no written binding contract for ‘‘SEC. 45O. CREDIT FOR POLLUTION ABATEMENT materials are digested or otherwise used to the acquisition was in effect on or before the EQUIPMENT. displace 90 percent or more of the fossil fuel date of the enactment of this subsection, and ‘‘(a) GENERAL RULE.—For purposes of sec- normally used in the production of ethanol. ‘‘(vi) which is placed in service by the tax- tion 38, the pollution abatement equipment ‘‘(4) SPECIAL RULES.—For purposes of this payer before January 1, 2013. credit for any taxable year is an amount subsection, rules similar to the rules of sub- ‘‘(B) EXCEPTIONS.— equal to 30 percent of the costs of any quali- paragraph (E) of section 168(k)(2) shall apply, ‘‘(i) ALTERNATIVE DEPRECIATION PROP- fied pollution abatement equipment property except that such subparagraph shall be ap- ERTY.—Such term shall not include any prop- placed in service by the taxpayer during the plied— erty described in section 168(k)(2)(D)(i). taxable year.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7674 CONGRESSIONAL RECORD — SENATE June 13, 2007

‘‘(b) LIMITATION.—The credit allowed under mined by the qualified borrower based on a (B) by striking the period at the end of subsection (a) for any taxable year with re- methodology that meets Federal Energy subparagraph (B) and inserting ‘‘, or’’, and spect to any qualified pollution abatement Regulatory Commission standards. (C) by adding at the end the following new equipment property shall not exceed— ‘‘(ii) In the case of a qualified facility de- subparagraph: ‘‘(1) $50,000,000 in the case of a property of scribed in section 45(d)(9) (regarding hydro- ‘‘(C) a public power entity.’’. a character subject an allowance for depre- power production), the facility need not be (j) REPEAL OF RATABLE PRINCIPAL AMORTI- ciation provided in section 167, and licensed by the Federal Energy Regulation ZATION REQUIREMENT.—Subsection (l) of sec- ‘‘(2) $30,000,000 in any other case. Commission if the facility, when con- tion 54 of such Code (relating to other defini- ‘‘(c) QUALIFIED POLLUTION ABATEMENT structed, will meet Federal Energy Regu- tions and special rules) is amended by strik- EQUIPMENT PROPERTY.—For purposes of this latory Commission licensing requirements ing paragraph (5) and redesignating para- section, the term ‘qualified pollution abate- and other applicable environmental, licens- graph (6) as paragraph (5). ment equipment property’ means pollution ing, and regulatory requirements.’’. (k) NET PROCEEDS.—Subsection (l) of sec- abatement equipment— (c) REIMBURSEMENT.—Subparagraph (C) of tion 54 of such Code (relating to other defini- ‘‘(1) which is part of a unit or facility section 54(d)(2) of such Code (relating to re- tions and special rules), as amended by sub- which either— imbursement) is amended to read as follows: section (j), is amended by redesignating ‘‘(A) utilizes technologies that meet rel- ‘‘(C) REIMBURSEMENT.—For purposes of paragraphs (2), (3), (4), and (5) as paragraphs evant Federal and State clean air require- paragraph (1)(B), proceeds of a clean renew- (4), (5), (6), and (7), respectively, and by in- ments applicable to the unit or facility, in- able energy bond may be issued to reimburse serting after paragraph (1) the following new cluding being adequately demonstrated for a qualified borrower for amounts paid after paragraphs: purposes of section 111 of the Clean Air Act the date of the enactment of this subpara- ‘‘(2) NET PROCEEDS.—The term ‘net pro- (42 U.S.C. 7411), achievable for purposes of graph in the same manner as proceeds of ceeds’ means, with respect to an issue, the section 169 of that Act (42 U.S.C. 7479), or State and local government obligations the proceeds of such issue reduced by amounts in achievable in practice for purposes of section interest upon which is exempt from tax a reasonably required reserve or replacement 171 of that Act (42 U.S.C. 7501, or under section 103.’’. fund. ‘‘(B) utilizes equipment or processes that (d) CHANGE IN USE.—Subparagraph (D) of ‘‘(3) LIMITATION ON AMOUNT IN RESERVE OR exceed relevant Federal or State clean air section 54(d)(2) of such Code (relating to REPLACEMENT FUND WHICH MAY BE FINANCED requirements applicable to the unit or facil- treatment of changes in use) is amended by BY ISSUE.—A bond issued as part of an issue ity by achieving greater efficiency or envi- striking ‘‘or qualified issuer’’. shall not be treated as a clean renewable en- ronmental performance, (e) MAXIMUM TERM.—Paragraph (2) of sec- ergy bond if the amount of the proceeds from ‘‘(2) which is installed on a voluntary basis tion 54(e) of such Code (relating to maximum the sale of such issue which is part of any re- and not as a result of an agreement with a term) is amended by striking ‘‘without re- serve or replacement fund exceeds 10 percent Federal or State agency or required as a de- gard to the requirements of subsection (1)(6) of the proceeds of the issue (or such higher cree from a judicial decision, and and’’. amount which the issuer establishes is nec- ‘‘(3) with respect to which an election (f) REPEAL OF LIMITATION ON AMOUNT OF essary to the satisfaction of the Sec- under section 169 is not in effect.’’. BONDS DESIGNATED.—Section 54 of such Code retary).’’. (b) CREDIT TREATED AS PART OF GENERAL is amended by striking subsection (f) (relat- (l) OTHER SPECIAL RULES.—Subsection (l) BUSINESS CREDIT.—Section 38(b) of such Code ing to repeal of limitation on amount of of section 54 of such Code ((relating to other is amended by striking ‘‘plus’’ at the end of bonds designated). definitions and special rules), as amended by (g) SPECIAL RULES RELATING TO EXPENDI- paragraph (30), by striking the period at the subsections (j) and (k), is amended by adding TURES.—Subsection (h) of section 54 of such end of paragraph (31) and inserting ‘‘, plus’’, at the end the following new paragraphs: Code (relating to special rules relating to ex- and by adding at the end the following new ‘‘(8) CREDITS MAY BE SEPARATED.—There penditures) is amended— paragraph: may be a separation (including at issuance) (1) in paragraph (1)(A), by striking ‘‘95 per- ‘‘(32) the pollution abatement equipment of the ownership of a clean renewable energy cent of the proceeds’’ and inserting ‘‘90 per- credit determined under section 45O(a).’’. bond and the entitlement to the credit under cent of the net proceeds’’, (c) CLERICAL AMENDMENT.—The table of this section with respect to such bond. In sections for subpart D of part IV of sub- (2) in paragraph (1)(B)— case of any such separation, the credit under chapter A of chapter 1 of such Code is (A) by striking ‘‘10 percent of the pro- this section shall be allowed to the person amended by inserting after the item relating ceeds’’ and inserting ‘‘5 percent of the net who on the credit allowance date holds the to section 45N the following new item: proceeds’’, and instrument evidencing the entitlement to (B) by striking ‘‘the 6-month period begin- the credit and not to the holder of the bond. ‘‘Sec. 45O. Credit for pollution abatement ning on’’ both places it appears and inserting equipment.’’. ‘‘(9) TREATMENT FOR ESTIMATED TAX PUR- ‘‘1 year of’’, POSES.—Solely for the purposes of sections (d) EFFECTIVE DATE.—The amendments (3) in paragraph (1)(C), by inserting ‘‘net’’ 6654 and 6655, the credit allowed by this sec- made by this section shall apply to expendi- before ‘‘proceeds’’, and tion to a taxpayer by reason of holding a tures made after the date of the enactment (4) in paragraph (3), by striking ‘‘95 percent qualified energy tax credit bond on a credit of this Act, in taxable years ending after of the proceeds’’ and inserting ‘‘90 percent of allowance date (or the credit in the case of a such date. the net proceeds’’. separation as provided in paragraph (8)) shall SEC. 807. MODIFICATIONS RELATING TO CLEAN (h) REPEAL OF SPECIAL RULES RELATING TO be treated as if it were a payment of esti- RENEWABLE ENERGY BONDS. ARBITRAGE.—Section 54 of such Code is mated tax made by the taxpayer on such (a) CLEAN RENEWABLE ENERGY BOND.— amended by striking subsection (i) (relating date. Paragraph (1) of section 54(d) of the Internal to repeal of special rules relating to arbi- ‘‘(10) CARRYBACK AND CARRYFORWARD OF UN- Revenue Code of 1986 (defining clean renew- trage). USED CREDITS.—If the sum of the credit ex- able energy bond) is amended— (i) PUBLIC POWER ENTITY.—Subsection (j) ceeds the limitation imposed by subsection (1) in subparagraph (A), by striking ‘‘pur- of section 54 of such Code (defining coopera- (c) for any taxable year, any credits may be suant’’ and all that follows through ‘‘sub- tive electric company; qualified energy tax applied in a manner similar to the rules set section (f)(2)’’, credit bond lender; governmental body; forth in section 39.’’. (2) in subparagraph (B), by striking ‘‘95 qualified borrower) is amended— (m) TERMINATION.—Subsection (m) of sec- percent or more of the proceeds’’ and insert- (1) by redesignating paragraphs (4) and (5) tion 54 of such Code (relating to termination) ing ‘‘90 percent or more of the net proceeds’’, as paragraphs (5) and (6), respectively, is amended by striking ‘‘2008’’ and inserting and (2) by inserting after paragraph (3) the fol- ‘‘2013’’. (3) in subparagraph (D), by striking ‘‘sub- lowing new paragraph: (n) CLERICAL REDESIGNATIONS.—Section 54 section (h)’’ and inserting ‘‘subsection (g)’’. ‘‘(4) PUBLIC POWER ENTITY.—The term ‘pub- of such Code, as amended by the preceding (b) QUALIFIED PROJECT.—Subparagraph (A) lic power entity’ means a State utility with provisions of this section, is amended by re- of section 54(d)(2) of such Code (defining a service obligation, as such terms are de- designating subsections (g), (h), (j), (k), (l), qualified project) is amended to read as fol- fined in section 217 of the Federal Power Act and (m) as subsections (f), (g), (h), (i), (j), and lows: (as in effect on the date of enactment of this (k), respectively. ‘‘(A) IN GENERAL.—The term ‘qualified paragraph).’’, (o) EFFECTIVE DATE.—The amendments project’ means any qualified facility (as de- (3) in paragraph (5), as so redesignated— made by this section shall apply to obliga- termined under section 45(d) without regard (A) by striking ‘‘or’’ at the end of subpara- tions issued after the date of the enactment to paragraphs (8) and (10) thereof and to any graph (B), of this Act. placed in service requirement) owned by a (B) by striking the period at the end of SEC. 808. EXTENSION OF RENEWABLE ENERGY qualified borrower and also without regard subparagraph (C) and inserting ‘‘, or’’, and PRODUCTION TAX CREDIT. to the following: (C) by adding at the end the following new (a) IN GENERAL.—Section 45 of the Internal ‘‘(i) In the case of a qualified facility de- subparagraph: Revenue Code of 1986 is amended— scribed in section 45(d)(9) (regarding incre- ‘‘(D) a public power entity.’’, and (1) by striking ‘‘10-year period beginning mental hydropower production), any deter- (4) in paragraph (6), as so redesignated— on the date the facility was originally placed mination of incremental hydropower produc- (A) by striking ‘‘or’’ at the end of subpara- in service,’’ in subsection (a)(2)(A)(ii) and in- tion and related calculations shall be deter- graph (A), serting ‘‘5-year period beginning on the date

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7675 the facility was originally placed in serv- ternative energy, and for other pur- (2) REQUIREMENTS.—The plan required ice,’’, poses; which was ordered to lie on the under paragraph (1) shall— (2) by striking ‘‘in subsection (a)(2)(A)(ii).’’ table; as follows: (A)(i)(I) provide for, within 2 years after in subsection (b)(4)(B)(i) and inserting ‘‘be- the date of enactment of this Act, a capacity ginning on the date the facility was origi- At the end, add the following: within the Reserve equal to 5 percent of the nally placed in service.’’, TITLE VIII—MISCELLANEOUS total United States daily demand for gaso- (3) by striking ‘‘in subsection (a)(2)(A)(ii).’’ SEC. 801. SHORT TITLE. line, diesel, and aviation fuel; and in subsection (b)(4)(B)(ii) and inserting ‘‘be- This title may be cited as the ‘‘Strategic (II) provide for a capacity within the Re- ginning on the date the facility was origi- Refinery Reserve Act of 2007’’. serve such that not less than 75 percent of nally placed in service.’’, and the gasoline and diesel fuel produced by the SEC. 802. DEFINITIONS. (4) by striking ‘‘January 1, 2009’’ each place Reserve contain an average of 10 percent re- it appears in subsection (d) and inserting In this title: newable fuel (as defined in 211(o)(1) of the ‘‘January 1, 2014’’. (1) RESERVE.—The term ‘‘Reserve’’ means Clean Air Act (42 U.S.C. 7545(o)(1))); or the Strategic Refinery Reserve established (b) EFFECTIVE DATE.—The amendments (ii) if the Secretary finds that achieving made by this section shall apply to property under section 803. the capacity described in subclause (I) or (II) (2) SECRETARY placed in service after the date of the enact- .—The term ‘‘Secretary’’ of clause (i) is not feasible within 2 years means the Secretary of Energy. ment of this Act. after the date of enactment of this Act, in- SEC. 803. STRATEGIC REFINERY RESERVE. clude— SEC. 809. ENERGY CREDIT EXTENDED TO GREEN BUILDINGS. (a) ESTABLISHMENT.— (I) an explanation from the Secretary of (1) IN GENERAL.—The Secretary shall estab- the reasons why achieving the capacity with- (a) IN GENERAL.—Section 48(a)(3)(A) of the in the timeframe is not feasible; and Internal Revenue Code of 1986 (defining en- lish and operate a Strategic Refinery Re- (II) provisions for achieving the required ergy property) is amended— serve in the United States. capacity as soon as practicable; and (1) by striking ‘‘or’’ at the end of clause (2) AUTHORITIES.—To carry out this sec- (B) provide for adequate delivery systems (iii), tion, the Secretary may contract for— capable of providing Reserve product to the (2) by inserting after clause (iv) the fol- (A) the construction or operation of new entities described in subsection (b)(1). lowing new clauses: refineries; or (g) COORDINATION.—The Secretary shall ‘‘(v) thermal storage system determined by (B) the acquisition or reopening of closed refineries. carry out this section in coordination with the Secretary of Energy through a site spe- the Secretary of Defense. cific feasibility study which allows for a re- (b) OPERATION.—The Secretary shall oper- (h) COMPLIANCE WITH FEDERAL ENVIRON- duction in energy use of 10 percent per year ate the Reserve— MENTAL REQUIREMENTS.—Nothing in this sec- compared with conventional technologies, or (1) to provide petroleum products to— (A) the Federal Government (including the tion affects any requirement to comply with ‘‘(vi) daylight dimming technologies deter- Federal or State environmental or other mined by the Secretary of Energy,’’. Department of Defense); and (B) any State governments and political laws. (b) CREDIT RATE.—Section 48(a)(2)(A) of SEC. 804. REPORTS ON REFINERY CLOSURES. such Code (relating to energy percentage) is subdivisions of States that opt to purchase refined petroleum products from the Re- (a) REPORTS TO SECRETARY.— amended— serve; and (1) IN GENERAL.—Not later than 180 days (1) by striking ‘‘and’’ at the end of clause (2) to provide petroleum products to the before permanently closing a refinery in the (i)(III), general public during any period described in United States, the owner or operator of the (2) by redesignating clause (ii) as clause subsection (c). refinery shall submit to the Secretary notice (iii), and of the closing. (3) by inserting after clause (i) the fol- (c) EMERGENCY PERIODS.—The Secretary (2) REQUIREMENTS.—The notice required lowing new clause: shall make petroleum products from the Re- under paragraph (1) with respect to a refin- ‘‘(ii) 50 percent in the case of energy prop- serve available under subsection (b)(2) only if ery to be closed shall include an explanation erty described in clause (v) or (vi) of para- the President determines that— of the reasons for the closing of the refinery. graph (3)(A), and’’. (1) there is a severe energy supply inter- ruption (as defined in section 3 of the Energy (b) REPORTS TO CONGRESS.—The Secretary (c) LIMITATIONS.—Section 48 of such Code is Policy and Conservation Act (42 U.S.C. 6202)); shall, in consultation with the Secretary of amended by adding at the end the following or Defense, the Administrator of the Environ- new subsection: (2)(A) there is a regional petroleum prod- mental Protection Agency, and the Federal ‘‘(d) ENERGY PROPERTY FOR GREEN BUILD- uct supply shortage of significant scope and Trade Commission and as soon as practicable INGS.— duration; and after receipt of a report under subsection (a), ‘‘(1) THERMAL STORAGE UNIT.—In the case of (B) action taken under subsection (b)(2) submit to Congress— energy property described in paragraph would directly and significantly assist in re- (1) the report; and (3)(A)(v) placed in service during the taxable ducing the adverse impact of the shortage. (2) an analysis of the effects of the pro- year, the credit otherwise determined under (d) LOCATIONS.—In determining the loca- posed closing covered by the report on— subsection (a)(1) for such year with respect tion of a refinery for inclusion in the Re- (A) in accordance with the Clean Air Act to such property shall not exceed $500,000. serve, the Secretary shall take into ac- (42 U.S.C. 7401 et seq.), supplies of clean fuel; ‘‘(2) DAYLIGHT DIMMING TECHNOLOGIES.—In count— (B) petroleum product prices; the case of energy property described in (1) the impact of the refinery on the local (C) competition in the refining industry; paragraph (3)(A)(vi) placed in service during community, as determined after requesting (D) the economy of the United States; the taxable year, the credit otherwise deter- and reviewing any comments from State and (E) regional economies; mined under subsection (a)(1) for such year local governments and the public; (F) regional supplies of refined petroleum with respect to such property shall not ex- (2) regional vulnerability to— products; ceed $500,000.’’. (A) natural disasters; and (G) the supply of fuel to the Department of (d) EFFECTIVE DATE.—The amendments (B) terrorist attacks; Defense; and made by this section shall apply to periods (3) the proximity of the refinery to the (H) energy security. after the date of the enactment of this Act, Strategic Petroleum Reserve; in taxable years ending after such date, f (4) the accessibility of the refinery to en- under rules similar to the rules of section ergy infrastructure and Federal facilities NOTICE OF HEARING 48(m) of the Internal Revenue Code of 1986 (including facilities under the jurisdiction of COMMITTEE ON RULES AND ADMINISTRATION (as in effect on the day before the date of the the Department of Defense); enactment of the Revenue Reconciliation (5) the need to minimize adverse public Mrs. FEINSTEIN. Mr. President, I Act of 1990). health and environmental impacts; and wish to announce that the Committee (6) the energy needs of the Federal Govern- on Rules and Administration will meet SA 1561. Mr. KOHL submitted an ment (including the Department of Defense). on Wednesday, June 20, 2007, at 10 a.m., amendment intended to be proposed to (e) INCREASED CAPACITY.—The Secretary to conduct a hearing to receive testi- amendment SA 1502 proposed by Mr. shall ensure that refineries in the Reserve mony on S. 1285, the ‘‘Fair Elections REID to the bill H.R. 6, to reduce our are designed to provide a rapid increase in Now Act,’’ to reform the finance of Nation’s dependency on foreign oil by production capacity during periods described Senate elections, and on the high cost investing in clean, renewable, and al- in subsection (c). of broadcasting campaign advertise- (f) IMPLEMENTATION PLAN.— ternative energy resources, promoting ments. (1) IN GENERAL.—Not later than 180 days new emerging energy technologies, de- after the date of enactment of this Act, the For further information regarding veloping greater efficiency, and cre- Secretary shall submit to Congress a plan for this hearing, please contact Howard ating a Strategic Energy Efficiency the establishment and operation of the Re- Gantman at the Rules and Administra- and Renewables Reserve to invest in al- serve under this section. tion Committee, 224–6352.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE S7676 CONGRESSIONAL RECORD — SENATE June 13, 2007 AUTHORITY FOR COMMITTEES TO floor during consideration of H.R. 6, S. Res. 234, which was submitted ear- MEET the Energy bill before us. lier today. COMMITTEE ON HOMELAND SECURITY AND The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The GOVERNMENTAL AFFAIRS pore. Without objection, it is so or- clerk will report the resolution by Mr. BINGAMAN. Mr. President, I ask dered. title. unanimous consent that the Com- Mr. CRAIG. Mr. President, I ask The legislative clerk read as follows: mittee on Homeland Security and Gov- unanimous consent that T.J. Kim, with A resolution (S. Res. 234) designating June ernmental Affairs be authorized to the Committee on Environment and 15, 2007 as ‘‘National Huntington’s Disease meet on Wednesday, June 13, 2007, at 10 Public Works, be granted the privilege Awareness Day.’’ a.m. in order to conduct a business of the floor for the duration of the En- There being no objection, the Senate meeting to consider pending com- ergy bill. proceeded to consider the resolution. mittee business. The ACTING PRESIDENT pro tem- Mr. INHOFE. Madam President, I rise pore. Without objection, it is so or- today to support a resolution desig- Agenda dered. nating June 15, 2007, as ‘‘National Hun- Legislation Mr. SALAZAR. Mr. President, I ask tington’s Disease Awareness Day,’’ a unanimous consent that David Hiller, devastating disorder that affects an es- S. 1257, District of Columbia House of my staff, be given floor privileges timated 1 in every 10,000 persons. We Voting Rights Act of 2007; during the remainder of the debate on need to raise awareness of Hunting- S. 274, Federal Employee Protection H.R. 6. ton’s disease, which is a progressive de- of Disclosures Act; The PRESIDING OFFICER. Without generative neurological disease that H.R. 1254, Presidential Library Dona- objection, it is so ordered. causes total physical and mental dete- tion Reform Act of 2007; Mr. DURBIN. I ask unanimous con- rioration over a 12–15 year period. S. Res. 22, a resolution reaffirming sent the following fellows of my staff— Though Huntington’s disease typically the constitutional and statutory pro- Jonna Hamilton, Joseph De Maria, and begins in midlife, between the ages of tections accorded sealed domestic Jack Gardner—be granted the privilege 30 and 45, onset may occur as early as mail, and for other purposes; S. 967, Federal Supervisor Training of the floor for the remainder of the the age of 2. The average lifespan after Act of 2007; first session of the 110th Congress. onset of Huntington’s disease is 10 to 20 S. 1046, Senior Professional Perform- The PRESIDING OFFICER. Without years. The younger a person contracts ance Act of 2007; objection, it is so ordered. the disease, the more rapid the progres- S. 1099, a bill to amend chapter 89 of f sion. Additionally, children who de- title 5, United States Code, to make in- velop the juvenile form of the disease EXECUTIVE SESSION dividuals employed by the Roosevelt rarely live to adulthood, and a child of Campobello International Park Com- a Huntington’s disease parent has a 50– 50 chance of inheriting the Hunting- mission eligible to obtain Federal EXECUTIVE CALENDAR health insurance; ton’s disease gene. S. 597, a bill to extend the special Mr. MENENDEZ. Madam President, I Since the discovery of the gene that postage stamp for breast cancer re- ask unanimous consent that the Sen- causes Huntington’s disease in 1993, the search for 2 years; ate proceed to executive session to con- pace of Huntington’s disease research H.R. 1255/S. 886, Presidential Records sider Executive Calendar No. 111; that has accelerated. Although scientists Act Amendments of 2007; the nomination be confirmed; that the and researchers are hopeful that break- S. 381, Commission on Wartime Relo- motion to reconsider be laid upon the throughs are forthcoming, no cures for cation and Internment of Latin Ameri- table; that the President be imme- this disease currently exist. cans of Japanese Descent Act. diately notified of the Senate’s action; The need for heightened awareness of The PRESIDING OFFICER. Without and that the Senate then return to leg- Huntington’s disease was brought to objection, it is so ordered. islative session. my attention by constituents who suf- fer from this disease. For the benefit of COMMITTEE ON RULES AND ADMINISTRATION The PRESIDING OFFICER. Without these individuals and for the well-being Mr. BINGAMAN. Mr. President, I ask objection, it is so ordered. The nomination considered and con- of sufferers in your own State and unanimous consent that the Com- around the Nation, I ask you to join mittee on Rules and Administration be firmed is as follows: DEPARTMENT OF HOUSING AND URBAN me in this effort to raise awareness of authorized to meet during the session Huntington’s disease. of the Senate on Wednesday, June 13, DEVELOPMENT Robert M. Couch, of Alabama, to be Gen- Mr. MENENDEZ. I ask unanimous 2007, at 10 a.m., to conduct a hearing on consent that the resolution be agreed nominations to the Federal Election eral Counsel of the Department of Housing and Urban Development. to, the preamble be agreed to, and the Commission. f motion to reconsider be laid on the The PRESIDING OFFICER. Without table. objection, it is so ordered. LEGISLATIVE SESSION The PRESIDING OFFICER. Without COMMITTEE ON VETERANS’ AFFAIRS The PRESIDING OFFICER. Under objection, it is so ordered. Mr. BINGAMAN. Mr. President, I ask the previous order, the Senate will now The resolution (S. Res. 234) was unanimous consent for the Committee return to legislative session. agreed to. on Veterans’ Affairs be authorized to The preamble was agreed to. meet during the session of the Senate f The resolution, with its preamble, on Wednesday, June 13, 2007 at 9:30 a.m. APPOINTMENT reads as follows: in room 562 of the Dirksen Building to S. RES. 234 conduct an oversight hearing on De- The PRESIDING OFFICER. The Chair announces, on behalf of the Sec- Whereas Huntington’s Disease is a progres- partment of Labor, Department of De- sive degenerative neurological disease that fense, VA cooperation, and collabora- retary of the Senate, pursuant to Pub- lic Law 101–509, the appointment of causes total physical and mental deteriora- tion to meet the employment needs of tion over a 12 to 15 year period; returning service members. Sheryl B. Vogt, of Georgia, to the Ad- Whereas each child of a parent with Hun- The PRESIDING OFFICER. Without visory Committee on the Records of tington’s Disease has a 50 percent chance of objection, it is so ordered. Congress. inheriting the Huntington’s Disease gene; f Whereas Huntington’s Disease typically f begins in mid-life, between the ages of 30 and PRIVILEGES OF THE FLOOR NATIONAL HUNTINGTON’S 45, though onset may occur as early as the DISEASE AWARENESS DAY age of 2; Mr. CRAIG. Mr. President, I ask Whereas children who develop the juvenile unanimous consent that Colin Jones, a Mr. MENENDEZ. Madam President, I form of the disease rarely live to adulthood; DOE fellow from the Idaho National ask unanimous consent that the Sen- Whereas the average lifespan after onset of Lab, be granted the privilege of the ate now proceed to the consideration of Huntington’s Disease is 10 to 20 years, and

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE June 13, 2007 CONGRESSIONAL RECORD — SENATE S7677 the younger the age of onset, the more rapid endar No. 100, S. 624; and Calendar No. NOMINATIONS the progression of the disease; 130, H. Con. Res. 118. Whereas Huntington’s Disease affects Executive nominations received by The PRESIDING OFFICER. Without the Senate June 13, 2007: 30,000 patients and 200,000 genetically ‘‘at objection, it is so ordered. risk’’ individuals in the United States; DEPARTMENT OF ENERGY Whereas since the discovery of the gene f LISA E. EPIFANI, OF TEXAS, TO BE AN ASSISTANT SEC- that causes Huntington’s Disease in 1993, the RETARY OF ENERGY (CONGRESSIONAL AND INTERGOV- pace of Huntington’s Disease research has ORDERS FOR THURSDAY, JUNE 14, ERNMENTAL AFFAIRS), VICE JILL L. SIGAL, RESIGNED. accelerated; 2007 DEPARTMENT OF STATE Whereas, although no effective treatment GAIL DENNISE MATHIEU, OF NEW JERSEY, A CAREER or cure currently exists, scientists and re- Mr. MENENDEZ. Madam President, I MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF searchers are hopeful that breakthroughs ask unanimous consent that when the MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES will be forthcoming; Senate completes its business today, it OF AMERICA TO THE REPUBLIC OF NAMIBIA. Whereas researchers across the Nation are stand adjourned until 9:30 a.m., Thurs- THE JUDICIARY conducting important research projects in- day, June 14; that on Thursday, fol- volving Huntington’s Disease; and JOSEPH N. LAPLANTE, OF NEW HAMPSHIRE, TO BE lowing the prayer and the pledge, the UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF Whereas the Senate is an institution that NEW HAMPSHIRE, VICE JOSEPH A. DICLERICO, JR., RE- can raise awareness in the general public and Journal of proceedings be approved to TIRED. the medical community of Huntington’s Dis- date, the morning hour be deemed ex- GUSTAVUS ADOLPHUS PURYEAR IV, OF TENNESSEE, TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE ease: Now, therefore, be it pired, and the time for the two leaders DISTRICT OF TENNESSEE, VICE ROBERT L. ECHOLS, RE- Resolved, That the Senate— be reserved for their use later in the TIRED. (1) designates June 15, 2007, as ‘‘National day, and the Senate then resume con- ELECTION ASSISTANCE COMMISSION Huntington’s Disease Awareness Day’’; sideration of H.R. 6, the comprehensive (2) recognizes that all people of the United GRACIA M. HILLMAN, OF THE DISTRICT OF COLUMBIA, energy legislation. TO BE A MEMBER OF THE ELECTION ASSISTANCE COM- States should become more informed and MISSION FOR A TERM EXPIRING DECEMBER 12, 2009. (RE- aware of Huntington’s Disease; and The PRESIDING OFFICER. Without APPOINTMENT) (3) respectfully requests the Secretary of objection, it is so ordered. the Senate to transmit a copy of this resolu- f f tion to the Huntington’s Disease Society of America. ADJOURNMENT UNTIL 9:30 A.M CONFIRMATION f TOMORROW Executive nomination confirmed by MEASURES INDEFINITELY POST- Mr. MENENDEZ. Madam President, the Senate Wednesday, June 13, 2007: PONED: S. CON. RES. 10, S. 261, S. if there is no further business to come DEPARTMENT OF HOUSING AND URBAN 624, H. CON. RES. 118 before the Senate today, I now ask DEVELOPMENT Mr. MENENDEZ. Madam President, I unanimous consent the Senate stand ROBERT M. COUCH, OF ALABAMA, TO BE GENERAL ask unanimous consent that the fol- adjourned under the previous order. COUNSEL OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. lowing calendar items be indefinitely There being no objection, the Senate, THE ABOVE NOMINATION WAS APPROVED SUBJECT TO postponed: Calendar No. 61, S. Con. at 6:24 p.m., adjourned until Thursday, THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Res. 10; Calendar No. 87, S. 261; Cal- June 14, 2007, at 9:30 a.m. CONSTITUTED COMMITTEE OF THE SENATE.

VerDate Aug 31 2005 04:31 Jul 29, 2007 Jkt 059060 PO 00000 Frm 00105 Fmt 0624 Sfmt 9801 J:\CRONLINE\2007BA~3\2007NE~2\S13JN7.REC S13JN7 rfrederick on PROD1PC69 with CONG-REC-ONLINE