Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, SECOND SESSION

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

Vol. 154 WASHINGTON, TUESDAY, JUNE 3, 2008 No. 90 Senate The Senate met at 10 a.m. and was appoint the Honorable JON TESTER, a Sen- proceed to legislation to stem the tide called to order by the Honorable JON ator from the State of Montana, to perform of global warming. This strong bipar- TESTER, a Senator from the State of the duties of the Chair. tisan vote came only after the Repub- Montana. ROBERT C. BYRD, licans forced us to file cloture and use President pro tempore. more of the Senate’s valuable time. PRAYER Mr. TESTER thereupon assumed the Another filibuster. This is, as I have The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. said before, filibusters on steroids. We fered the following prayer: f have never, ever, in the history of our Let us pray: RECOGNITION OF THE MAJORITY great country, had as many filibusters Gracious God, by Your providence we LEADER as this Republican minority has initi- have been given the gift of this day, ated. In a short 10 months, the 2-year and from Your hand our needs are sup- The ACTING PRESIDENT pro tem- record for filibusters was broken by plied. pore. The majority leader is recog- this Republican minority. They have Give our lawmakers a reference for nized. stopped or slowed down everything Your sovereignty and a faith in Your f they could. They have even forced us to unfolding providence. May their trust file cloture on things they agree on. SCHEDULE in Your guidance lead them to labor for Why? Because it eats up valuable time. Your honor. May their first aspiration Mr. REID. Mr. President, today fol- We now have 12 weeks left until our be to hear You say, ‘‘Well done.’’ When lowing my remarks and those of Sen- adjournment time. There is so much to they are tempted to doubt, infuse them ator MCCONNELL, there will be a period do—so much to do. We are interested in with Your faith. When they are tempt- of morning business until 11 a.m., or doing the people’s business. The Repub- ed to fear, strengthen them with Your when the hour is gone, with the time licans are interested in stalling—stall- courage. Keep them from becoming equally divided and controlled. The Re- ing. As an example, today we should be weary in choosing the more difficult publicans will control the first half—I on this piece of legislation, but, no, right, as they remember that in due see Senator CORNYN, ready to begin— they are going to do as they have done season, they will reap a bountiful har- the majority will control the second time and time again: use 30 hours. vest. We pray in Your sacred Name. half of morning business. Then we will For everyone listening, what does Amen. resume consideration of the motion to this mean? The rules of the Senate are f proceed to S. 3036, the Climate Secu- that once you file cloture—first of all, rity Act. The Senate will recess at it takes a couple days to file cloture. PLEDGE OF ALLEGIANCE 12:30, as we do every Tuesday, for our You have to let it wait for a couple The Honorable JON TESTER led the weekly caucus luncheons, and will re- days. Now, why would they make us Pledge of Allegiance as follows: convene following the official Senate file cloture on this bill? It is bipar- I pledge allegiance to the Flag of the photograph which is scheduled for tisan; it is sponsored by Senator WAR- United States of America and to the Repub- today at 2:15. NER and Senator LIEBERMAN, but they lic for which it stands, one nation under God, I hope all Senators will make them- have done this. So after we file cloture, indivisible, with liberty and justice for all. selves available for the photograph. It we come in and we have a vote. Re- f takes weeks for the staff to set up to member, we waste those days while APPOINTMENT OF ACTING take these pictures. If you look around, cloture is ripening. Then, to make it PRESIDENT PRO TEMPORE you can see in the galleries the light- even more absurd, the rule is that after ing. It is very difficult to get the light- cloture is invoked, you have 30 hours. The PRESIDING OFFICER. The ing down here to take all 100 Senators. They make us use that 30 hours. It is clerk will please read a communication So I hope everyone will be here at 2:15 wasted time. There is no reason we to the Senate from the President pro and be thoughtful and considerate to can’t be on this bill. tempore (Mr. BYRD). their colleagues so the staff can get the I spoke to one of the Republican lead- The assistant legislative clerk read picture taken as quickly as possible. ers yesterday, and he said: Well, we the following letter: f want more time to debate the bill. No U.S. SENATE, one is taking any debate time away PRESIDENT PRO TEMPORE, FILIBUSTERS Washington, DC, June 3, 2008. from anybody. But shouldn’t we be on To the Senate: Mr. REID. Mr. President, yesterday the bill? So I say time runs out to- Under the provisions of rule I, paragraph 3, there was a vote, as we all knew there night, shortly before midnight, on the of the Standing Rules of the Senate, I hereby would be—an overwhelming vote—to 30 hours. In the morning, we are going

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

S4901

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VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.000 S03JNPT1 jbell on PROD1PC69 with SENATE S4902 CONGRESSIONAL RECORD — SENATE June 3, 2008 to be on this bill. That means we are treading water until President Bush priately on this bill, then I think we going to have to stay in until midnight leaves. The good news for the American are going to have to step back and see tonight. That is up to the Republicans. people is there are only 7 months of what we can do because it will appear That is up to the minority. But we are that left. I think it is clear what has very clearly that the Republicans are going to start legislating on this bill happened. You see in Louisiana, you not at least willing to engage in that tomorrow morning. As everyone see in Mississippi, you see in Illinois, regard and that they are not willing to knows, the rules around here allow me three heavily Republican House seats engage in serious legislation. to have the right of recognition, first went Democratic. Why? Because the There have been 72 Republican fili- recognition. We are going to start leg- American people see what is going on, busters, and we are going up, not down. islating in the morning. just as they see that global warming is That is not good for the country. It is I am happy if there is a need for more here. The American people aren’t going not good for the Senate. I don’t think debate on the bill. This is an important to get lost in cap and trade. What they it is good for my Republican col- bill. We should have all the debate; are concerned about is emissions, low- leagues. people should be able to make their ering emissions. They know it is a f statements. I am not trying to disallow problem. They know what is going on anyone from making their statement, in Congress is a problem. That is why RESERVATION OF LEADER TIME but let’s at least legislate, as we should we have seen these special elections go The ACTING PRESIDENT pro tem- in this most serious body, the greatest overwhelmingly Democratic in places pore. Under the previous order, the debating—they say—body in the world, where the Republicans always used to leadership time is reserved. the Senate of the United States. win. This strong bipartisan vote came, as On this legislation, I say to my f I have indicated, after Republicans friends, let’s debate the legislation, MORNING BUSINESS forced us to file cloture and use 2 days let’s try to work to pass it. Let’s try to The ACTING PRESIDENT pro tem- of Senate time, as I have already out- move forward on it. Stop running out pore. Under the previous order, the lined. It forces us to waste 2 days for a the clock. Engage in the legislative Senate will proceed to a period of vote they overwhelmingly supported. process so we can continue to work to- morning business until 11 a.m., with Now, the Republicans are forcing us to ward making the American dream af- the time equally divided and controlled burn, as I have indicated, another 30 fordable for our country’s struggling between the two leaders or their des- hours of procedural time before we can families once again. ignees, with the Republicans control- The price of gasoline during the 7 begin debate. That is two filibusters ling the first half and the majority years and 5 months President Bush has and more than 3 days of valuable Sen- controlling the final half of the time. been President has gone up 250 per- ate time wasted, all for a vote that The ACTING PRESIDENT pro tem- cent—250 percent. In Nevada, you can most Republicans supported. We should pore. The Senator from Texas is recog- still find a place to buy gas for less have been on the bill, at the very least, nized. last night. than $4 a gallon, but it is not easy. One Why would Republicans set these of my friends I went to high school f roadblocks to progress? I have outlined with called me—Teddy Sandoval, a ORDER OF PROCEDURE why. They are still in a snit because wonderful guy. I have known him my the American people surprised every- whole life. He called me. I thought he Mr. CORNYN. Mr. President, I ask one and we are in the majority. It is a was having some personal problem, and unanimous consent that our 30 minutes slim majority, but we are in the major- he was. Do you know what it was? He be allotted so that there is 15 minutes for me and 15 minutes for the Senator ity. We believe the people’s business said: HARRY, I bought a diesel truck be- should be the issue at hand. cause diesel fuel was so low, and now I from Ohio following my remarks. I have said many times Republicans can’t afford to fill it anymore because The ACTING PRESIDENT pro tem- have every right to vigorously debate diesel has gone way up. pore. Is there objection? and oppose legislation on which they Diesel. I saw over the holiday we just Mr. REID. What is the request, Mr. have disagreements. That is how the had, the week off we had, in California President? legislative process is supposed to work. and Nevada diesel fuel was as much as Mr. CORNYN. Mr. President, I will The majority introduces a bill, the two $4.50 a gallon. My friend told me he had restate it. Of the 30 minutes of time for sides engage in debate and, in many been in New York, and it was $5.15 a the minority, I asked that it be divided cases, some type of compromise is gallon for diesel fuel. between the Senator from Ohio and me. reached. Legislation is the art of com- So I plead with my Republican Mr. REID. So it is my understanding promise. Then a vote is taken and who- friends: Let us move forward on this that the Senator from Texas wants an ever has the most votes—then we have legislation. I have said I don’t want to hour of morning business. a winner and a loser. But most of the use this term ‘‘fill the tree,’’ but we Mr. CORNYN. No, sir. time, if you are moving forward, there have to have some recognition from Mr. REID. So it will be 30 minutes for are only winners, there are no losers. the Republicans that we are going to the Democrats and 30 for the Repub- The Republicans have every oppor- legislate seriously. Do you remember licans. tunity to debate this bill in public and what happened last time when we said Mr. CORNYN. Yes, with our 30 min- negotiate it in private. That is what we let’s have an open amendment process? utes being equally divided between the would like to do. If there is some way There was a rush to the floor to try to Senator from Ohio and myself. they think this can be compromised, help JOHN MCCAIN on the flawed piece Mr. REID. I have no objection. condensed, made bigger, we are willing of legislation he had. Thinking the GI The ACTING PRESIDENT pro tem- to work with them. This is a bipartisan bill of rights is too generous—too gen- pore. Without objection, it is so or- bill. It is their legislative right and ob- erous—they rushed to the floor to sup- dered. ligation—I understand that—to con- port JOHN MCCAIN’s flawed GI bill of f vince Senators who are in disagree- rights. Now, fortunately, Democrats ment to join with them. But the un- and Republicans saw it was flawed. It CLIMATE CHANGE precedented Republican filibustering took a lot of procedural time. The Re- Mr. CORNYN. Mr. President, I heard we have seen renders the legislative publicans, which was never done— the distinguished majority leader criti- process difficult—difficult. Seventy- never done previously, rarely done pre- cize the Republicans for wanting to two times, and add to this almost viously—would come with a piece of have a debate on this piece of legisla- every time we have had to do 30 their legislation and file cloture. That tion. Frankly, I think we would be re- hours—sometimes twice. was a prerogative that was left to the miss in our duties if we didn’t discuss So I think the American people are majority. That was the way it was this important piece of legislation, as clearly seeing the picture. The picture around here. complex and difficult a topic as it is is the Republicans are wanting to So unless we have some agreement and, frankly, ask questions that I know maintain the status quo. They are that we are going to legislate appro- our constituents would ask of us were

VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.001 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4903 we to vote for or against this par- As I talked to my constituents last piece of legislation that carries a ticular legislation. week around the State, they asked me: pricetag of $6.7 trillion. Perhaps I have I, for one, make no apologies for What is Congress going to do to finally not been in Congress long enough to be doing what I consider to be my duty, take action to lower those prices? jaded by such talk, and I hope I never and I think all of us would do well to Well, unfortunately, I had to tell am, but I still have trouble grasping ask questions about this legislation, them we only got 42 votes on a provi- the enormity of a number like $1 tril- which proposes a $6.7 trillion pricetag— sion on a bill—the Domenici amend- lion. Now we are talking about $6.7 that is trillion; not billion, not million ment—which would actually have in- trillion. People in Congress tend to but trillion, $6.7 trillion. creased our use of American energy toss those numbers around like it is We talk about what Congress has and reduced our dependency on im- pocket change. But this is real money been doing. Let me mention what Con- ported oil from some of our enemies, coming out of the budgets of real peo- gress has not been doing and what the such as Hugo Chavez from Venezuela ple—the American people. Senate has not been doing. and Ahmed Amadi Nejad from Iran, I would like to know why $6.7 tril- It has been 109 days since the Foreign which are part of OPEC. lion, and what is that money going to Intelligence Surveillance Act was not By our inaction in Congress, we are be spent for? reauthorized, which has hampered our driving up that cost because, since 1982, Why do we have to opt for a cost in ability to listen in on terrorist-to-ter- we have been putting vast American that range when there are more cost- rorist communications. reserves of energy out of bounds effective solutions available, such as We have spent 560 days since Amer- through a moratorium that was en- tax credits for developing renewable ican businesses and farmers have been acted on the Outer Continental Shelf, energy, clean energy, like solar energy disadvantaged by not taking up the Co- through our unwillingness to explore and wind energy? Why aren’t we doing lombia Free Trade Agreement. For my and develop oil shale in the West and more to develop our nuclear energy ca- State alone, it is roughly $2.3 billion a our unwillingness to allow the State of pacity to create electricity, which is year. But my producers, farmers, and Alaska to develop its own energy re- carbon free? Why aren’t we doing that manufacturers are disadvantaged by serves in the Arctic National Wildlife instead of spending $6.7 trillion? tariffs on those goods when they are Refuge. So it is easy for me to under- I want to know what the impact of imported into Colombia, even though stand, seeing that disconnect between this legislation would be on our econ- Colombian goods bear zero tariffs com- what my constituents are concerned omy and on the family budget. Already ing into the United States. We ought to about—high prices of energy, including we have seen—as a result of the inac- fix that. gasoline—having to come back and de- tion of Congress over this last 771 days, So it has been 560 days since that bate a bill that will drive up those since our Democratic colleagues said condition has existed. It has been 705 costs even further—it is easy to see they had a commonsense plan to re- days since some judicial nominees have why more and more people believe Con- duce the price of gasoline at the been waiting for a vote. It has been 771 gress is totally disconnected from re- pump—the average American family days since Speaker PELOSI went cam- ality. Congress appears to have very lose $1,400 in increased gasoline costs paigning before the 2006 election and little relevance to the issue that con- as a result of the rise in gasoline prices said, if elected, the Democrats would cerns the American people the most, over that same period of time. deliver a commonsense solution to the and that is the family budget. Now, some estimates are that Texas price of gasoline and the pain con- I want to be clear about one matter families—my constituents—would pay sumers were feeling at the pump. That though. The debate about our environ- an additional $8,000 if we pass this was 771 days ago. Yet there has been no ment is one well worth having. Of piece of legislation. That includes, proposal by our friends in the majority course, we can all do better and should some estimates say, a 145-percent in- to actually come up with a common- do better in being good stewards of the crease in electricity costs and a 147- sense solution to help ease the pain at environment, conserving energy and percent increase in gasoline costs. That the pump. Instead, we have a bill reducing waste. Reducing dependency is at least $5.30 a gallon at a time when which—while I don’t question the moti- on foreign oil and bringing down prices gasoline is $3.98 a gallon. vation for the bill since we are all con- at the pump are needed too. My fear is Is it really true the proponents of cerned about the environment, I do that this important issue is rapidly be- this legislation want to raise that to think it is important that we ask ques- coming just another tired political $5.30 a gallon? It seems to me we are tions about a bill that carries such a game. going in the wrong direction, not the high pricetag and which will have the Taking care of the environment is right direction. impact of actually increasing the cost not a Republican versus Democrat At the same time, it is estimated this of energy—gasoline and electricity— issue. It should not be about partisan legislation, if passed, would actually rather than reducing it. politics. Haven’t we learned by now cause more than 300,000 Texans to lose I must say that last week, like all that the American people are fed up their jobs. Overall, estimates indicate the rest of my colleagues, I went back with the games in Washington and this bill could cost the economy in my home and had a chance to visit with a want real solutions? State—one of the States that is actu- number of my constituents. Of course, Well, yesterday, the majority leader ally doing very well from an economic high gasoline prices was the No. 1 issue and the chairman of the Environment point of view—more than $50 billion in on their minds. Even though my State and Public Works Committee, Senator additional costs. is doing relatively well compared to BOXER, were criticizing the fact that Mr. President, we cannot afford an- the rest of the country, with about a we wanted to use some of the time other wet blanket on our economy 4.1-percent unemployment rate, we today to ask questions about this im- caused by higher taxes and more ex- have seen some softening in the hous- portant legislation so that we could penses coming out of the family budget ing market, but generally speaking, educate ourselves and our constituents and more pressure on our job creators my State is prospering. We are grateful about what is in this very complex that provide people an opportunity to for that. But even people who have jobs piece of legislation. But I do have some put food on the table. and feel as though they are doing pret- questions I hope will be answered in Another question I have is, if the ty well otherwise are still feeling their this week’s debate. United States of America decides to paychecks shrink as a result of rising First of all, how much will this bill impose this costly burden on ourselves, energy costs. cost? I have read estimates that this will China and India likewise impose I am wondering why we are now on a bill’s pricetag is somewhere in the $6.7 the same burden on their energy indus- piece of legislation that, rather than trillion range. I fear that if that is cor- try? Of course, booming industrial gi- reducing the cost of their gasoline or rect, this is simply too costly of a bur- ants such as China and India both have electricity, will actually increase it. den to put on the American people. 1 billion-plus people. We know we are Right now, the average price of a gal- This is especially true when I believe increasingly in a global competition lon of gasoline across the country is more cost-effective solutions are avail- and not only with India and China but right at $4 per gallon. able. I think we should balk at any the entire planet.

VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.003 S03JNPT1 jbell on PROD1PC69 with SENATE S4904 CONGRESSIONAL RECORD — SENATE June 3, 2008 Why in the world would we impose a lic Works Committee, said the rising plants every week. In June, the Nether- costly piece of legislation in the cost would not be a problem because of lands Environmental Assessment Agen- amount of $6.7 trillion on the American tax offsets she has included in this bill. cy announced that China’s 2006 CO2 people and raise electricity costs and She assured us this bill contained al- emissions surpassed those of the gasoline costs and depress the gross do- most $1 trillion of tax relief, so that if United States by 8 percent. With this, mestic product of this country, putting we do see some of the increases in en- China tops the list of CO2-emitting people out of work, if our major global ergy costs in the early years—elec- countries for the first time and, by the competitors are going to get off scot- tricity, for example—we can offset way, years ahead of the projections free and not likewise constrain their that. It almost boggles the imagination that were made a couple of years ago. economy by imposing these sorts of that the primary author of this legisla- Much like China, those countries burdens on themselves? tion, Senator BOXER, would essentially with large domestic reserves of coal— Finally, Mr. President, I would like concede that there will be rising en- and that includes the United States— to know on what basis do the pro- ergy costs as a result of this legislation will continue to use it. It is unrealistic ponents of the legislation believe this and say we ought to spend $1 trillion to assume that the world would turn bill will have its intended effect? If more of the taxpayers’ money to pro- its back on this abundant resource. We human beings contribute to climate vide offsets for relief. This huge, com- must take this reality into account, change, which I will not debate—I as- plex bill deserves all the scrutiny we and this can be done by jump-starting sume we do in some way or another— can give it. the technology that is needed to why have these targets been proposed? Mr. President, I yield the floor. produce the energy we need in an envi- What is the science to justify those? The ACTING PRESIDENT pro tem- ronmentally sound manner. What if those targets are reached, al- pore. The Senator from Ohio. Recognizing the international dy- beit at a cost of $6.7 trillion, with ris- Mr. VOINOVICH. Mr. President, I namic of this problem, the Lieberman- ing gas and electricity costs and a de- would like to say, first of all, that I Warner proposal attempts to impose a pression effect on our gross domestic share some of the great concerns of my tariff-like requirement to hold carbon product? How do we know, and where is colleague from Texas. credits for goods entering the United the science that says, this bill will ac- Today, I rise to address the legisla- States from countries that do not con- tually have its intended effect, particu- tive proposal introduced by Senators trol their emissions. The U.S. Trade larly if China and India, our global LIEBERMAN and WARNER to address Representative has questioned the competitors, don’t participate? global climate change. Like many of plan’s efficacy, and China, Mexico, and The Wall Street Journal has dubbed my colleagues, I share the urgency to Brazil have signaled that the policy this legislation ‘‘the most extensive take proactive steps to address this could begin a trade war. Indeed, top of- Government reorganization of the challenge we have. ficials from the European Union and American economy since the 1930s.’’ It That said, I have serious reservations the United Nations have also raised seems to me this is something we about the proposal. I think it is overly doubts about whether the U.S. trade should debate and examine and we aggressive, vastly outpacing what tech- penalties would harm the prospects of should ask questions about so that we nology can provide and thus ensuring will know what the effect of this bill a new global warming agreement. enormous economic pain on the coun- But even if the provision is WTO will be if it is passed. We have already seen that Congress try, and it is overly bureaucratic and compliant, it will not address the un- is not exactly omniscient when it cumbersome in its implementation, derlying competitiveness issues the comes to the energy area, where we representing an unprecedented expan- United States would face from the have subsidized corn-based ethanol as sion of Government power and a mas- higher fuel, feedstock, and electricity an alternative to renewable sources of sive bureaucratic intrusion into Amer- prices the bill would impose on U.S. energy. The fact is, we found there are ican lives that will have a profound ef- manufacturers. unintended consequences when we use fect on businesses, communities, and A better approach is needed. Ameri- food for fuel. families. cans are already struggling with the How do we know this particular bill, The EPA has stated in answer to a increase in their cost of living due to the Boxer climate tax bill, will not letter I sent them that this program higher prices for gasoline, home heat- have unintended consequences? I fear it will take between 300 and 400 people to ing fuel, electricity, food, and health may not have the intended effect of re- implement, whereas the acid rain pro- care, and this bill would only make ducing carbon emissions, and it may vision takes just under 30. things worse. I wish some of the spon- have some of the unintended and disas- The major failure of this legislation sors would go back into their respec- trous side effects I have already out- is it fails to harmonize our country’s tive constituencies to hear the com- lined. economic energy and environmental plaints from most people—middle-class If we are certain this is the right ap- objectives, and the consequences to people, poor, the retirees—whose stand- proach to protecting the environment, American interests could be dev- ard of living is being reduced in the where is the evidence? Yesterday, the astating. country today because of these costs. distinguished chairman of the Environ- The international aspect of this prob- We cannot tolerate policies that ment and Public Works Committee, lem is particularly troublesome. The harm our economy and drive businesses and today the majority leader, com- developing world is currently under- overseas. If those businesses locate in plained about the fact that we want to taking an intensive expansion of en- countries that do not share our envi- use some time today to ask these ques- ergy infrastructure and escalating in- ronmental objectives, then we are tions and get answers. We should not dustrial and commercial expansion to worse off on two counts: Fewer jobs in be asked nor should the American peo- meet the demands of growing domestic the United States and no benefits at all ple be asked to accept this on faith: and international markets. The devel- to the environment. Don’t worry, trust us. It reminds me of oping nations’ combined emissions Over my strenuous objections, this the most fearsome words in the English shortly will exceed the developed na- bill was voted out of the Environment language: We are from the Govern- tions’ combined emissions. and Public Works Committee without ment, and we are here to help. If that In 2007, ‘‘[t]he International Energy an analysis of the economic impacts on is true, the American people ought to Agency issued a . . . report projecting the country from either the EPA or the see the evidence that will justify this global energy demand would increase Energy Information Office. Today, we huge expenditure of their money, the by more than one-half by 2030, and that have at least a dozen analyses of the huge increase in prices of energy, and ‘Developing countries . . . contribute bill from a wide variety of groups, and the depressing effect on the economy, 74 percent of the increase in global pri- they are all about the same. why that is necessary, and whether it mary energy use . . . China and India EPA’s analysis predicts that by 2030, will actually work as intended. Where alone account for 45 percent of that in- annual losses in gross domestic product is the evidence? crease.’’’ could be as high as $983 billion, and by Senator BOXER, the distinguished China puts on line two coal-fired 2050, those losses would grow to $2.8 chairman of the Environment and Pub- plants every week—two coal-fired trillion. To put this into perspective,

VerDate Aug 31 2005 02:28 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.004 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4905 CBO projects the Federal budget for bill. The title is ‘‘This carbon bill isn’t the banks of both small-town and industries this year will be $2.9 trillion. That the answer.’’ It goes on to say: Ohio. means the potential impact losses from The bill, as conceived, will just bore new Mr. VOINOVICH. Mr. President, I ask this legislation in 2050 would equal holes into an already battered economy. . . . unanimous consent to have printed in that spent on everything we intend to Coal-dependent states with partially de- the RECORD the paper I have written on spend this year from Social Security to regulated energy prices—Ohio, for instance— the nuclear renaissance. national defense. Think about it. would take a double hit in economic disloca- There being no objection, the mate- In order to meet the caps of the bill, tions and electricity price spikes, with bare- rial was ordered to be printed in the ly any financial cushions to make the dis- RECORD, as follows: the analysis assumes aggressive growth ruptions more palatable. The bill also lacks in nuclear and other clean energy tech- the kind of consumer fairness and flexibility [From the Nuclear News, March 2008] nologies at rates that are widely re- necessary to avoid fuel-price shocks and MAKING THE NUCLEAR RENAISSANCE A garded as unachievable and, from my damage to manufacturing nationwide. REALITY perspective, unbelievable. For example, I ask unanimous consent to have this (By George V. Voinovich) they predict a 150-percent increase in editorial printed in the RECORD. In September, for the first time in over 30 nuclear power by 2050. Today, there are There being no objection, the mate- years, a license application to build a new 104 operating plants, meaning that we rial was ordered to be printed in the nuclear power plant was filed with the Nu- clear Regulatory Commission. Three more have to build up to another 150 new RECORD, as follows: plants by 2050. The Energy Information applications soon followed. The NRC expects [From the Plain Dealer, June 1, 2008] to receive 18 more applications within the Office said, when they did the analysis, THIS CARBON BILL ISN’T THE ANSWER next two years for a total of more than 30 that we would have to build 220 of them The latest version of a bill that would new reactors. Although no applicant has yet by 2030 in order for these caps to be re- mandate a carbon emissions cap-and-trade made a firm commitment to build, a number alistic. These assumptions are unreal- system for utilities and others using high- of them have made significant investments, istic and mask the true cost of imple- carbon coal is due to come before the full such as ordering long-lead construction menting the bill. U.S. Senate on Monday. It could be voted on items. Internationally, the resurgence seems In regard to nuclear power, I recently before the end of the week. to be moving at a faster pace. According to published a paper in the Nuclear News To judge from the intensity of lobbying, the International Atomic Energy Agency, you’d think it was a proposal to make it there are 34 reactors in various stages of con- on the steps we need to take to launch struction in 14 countries. a nuclear renaissance. I am going to easier to exit Iraq, corral oil prices, revive the economy, spur renewable energy invest- The underlying political climate for nu- make certain that each Member re- ments and end unemployment. clear power has changed over the past sev- ceives a copy of this paper. But bring- You’d be wrong on all counts. eral years, influenced by a confluence of fac- ing vast amounts of new nuclear power The bill, as conceived, will just bore new tors: the growing demand for electricity, on line will not be a layup shot. For ex- holes into an already battered economy. sharp increases in the prices of natural gas ample, there is only one company and It also doesn’t have a prayer of becoming and oil, and the increased emphasis on clean one plant in the world that makes the law. There is no companion legislation in the energy. Recent government policies, such as the Energy Policy Act of 2005, have certainly vessels and forges for plants. Recently, House, and President Bush threatens a veto if one materializes. helped in stimulating private sector invest- we anticipated new plants would cost Neither of Ohio’s senators has said he sup- ment for new nuclear as part of a portfolio of about $5 billion. The new cost is $7 bil- ports it, and the big push by environmental- ‘‘environmentally clean’’ energy projects. At lion per copy. Today, we have pending ists to try to swing one of those likely the state level, legislation has passed or is at the Nuclear Regulatory Commission nays—the one belonging to freshman Demo- being considered in Georgia, Iowa, Wis- 9 applications for 15 new plants that, if crat Sherrod Brown—is all about symbolism consin, Florida, Virginia, Kansas, South constructed, would not come on line over substance. In failing to compromise on Carolina, and Texas recognizing the value of until 2015, 2016, and 2017. Honestly, we issues of regional equity repeatedly high- a diverse energy portfolio that includes new lighted by Ohio’s other senator, George nuclear plants. These factors have created an are going to be lucky to have 30 new Voinovich, the bill’s supporters evince crass environment in which nuclear has once again nuclear powerplants by 2030. disregard for the economic realities of hard- emerged as a viable (perhaps one of only a In regard to what we call capture hit manufacturing states. few) energy source for baseload generating carbon and sequestration—the tech- Neither Brown nor Voinovich denies the capacity. nology that is needed—no commercial need to reduce carbon emissions and address Currently, 50 percent of our electricity experience or testing at scale has been global warming. comes from coal, 19 percent from nuclear, 19 done. DOE says it will take 10 years be- That need is increasingly urgent, given re- percent from natural gas, 9 percent from re- fore the seven large-scale demonstra- cent findings by scientists within the for- newable sources such as hydro, solar, and merly skeptical Bush administration on how wind, and 3 percent from oil. Of these, coal tion tests are complete to look at se- accelerating climate change is beginning to and nuclear (with average capacity factor of questration. DOE said that a more ro- impact Americans’ well-being. about 90 percent) have been the backbone of bust geological assessment will not be Yet the hammer-and-tong approach of the baseload generating capacity, since they are complete until 2015. Liability and crit- Senate bill—originally sponsored by Demo- capable of providing a steady flow of power ical infrastructure issues remain unan- crat Joe Lieberman of Connecticut and Re- to the grid at low cost and high efficiency. swered, and DOE says commercial CCS publican John Warner of Virginia and re- Solar and wind power plants produce elec- may not be available for 20 years. cently tweaked by Democrat Barbara Boxer tricity only when conditions are right; when The connection between the costs of of California—lacks even a semblance of bal- the sun sets or the wind calms, their output ance. drops, regardless of the demand for elec- the program and the availability of Coal-dependent states with partially de- tricity. Natural gas power plants are too ex- clean energy technology is clear. As regulated energy prices—Ohio, for instance— pensive to run as baseload plants due to vol- EIA points out: would take a double hit in economic disloca- atility in natural gas prices. The . . . timing of the development, com- tions and electricity price spikes, with bare- According to the Energy Information mercialization, and deployment of low-emis- ly any financial cushions to make the dis- Agency, U.S. electricity consumption is pro- sions electricity generating technologies ruptions more palatable. The bill also lacks jected to grow from 3821 billion kilowatt- such as nuclear power, coal with CCS, and the kind of consumer fairness and flexibility hours in 2005 to 5478 billion kilowatt-hours dispatchable renewable power is a major det- necessary to avoid fuel-price shocks and by 2030, an increase of more than 43 percent. riment of the energy and economic impacts damage to manufacturing nationwide. To be sure, we must have greater efficiency, of 2191. Those who have watched the Europeans’ more demand-side management, and more I want to repeat that. cap-and-trade system deteriorate into a renewable energy, but we must also have clean coal and nuclear generating capacity The . . . timing of the development, com- nightmare of bureaucratic costs, nonsensical to sustain our $ll-trillion-a-year economy. mercialization, and deployment of low-emis- investments in outdated factories in China With increasing environmental constraints, sions electricity generating technologies and puzzling price spikes in which the utili- particularly the desire for caps on carbon such as nuclear power, coal with [carbon cap- ties were the only clear winners can be ex- emissions, expanding nuclear’s share of base- ture sequestration], and dispatchable renew- cused for scratching their heads over why load seems logical. The 104 nuclear power able power is a major detriment of the en- cap-and-trade remains the ‘‘only’’ idea worth plants operating today represent over 70 per- ergy and economic impacts of 2191. pursuing. Surely there are less cumbersome, more cent of the nation’s emission-free generation The Cleveland Plain Dealer, which is equitable ways of making carbon emissions portfolio, avoiding 681 million metric tons of the largest newspaper in the State of more expensive, and thus spurring invest- CO2, compared with 13.1 million tons for Ohio, this Sunday editorialized on this ment in new technologies, without breaking wind and 0.5 million tons for solar.

VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.005 S03JNPT1 jbell on PROD1PC69 with SENATE S4906 CONGRESSIONAL RECORD — SENATE June 3, 2008 So it is no accident that there is a growing tion of the plant, and one to operate it—al- in the Energy Policy Act of 2005—that is, to realization among environmentalists, sci- lowing multiple opportunities for delay. attract sufficient private capital at low cost. entists, the media, think tanks, and policy- Some multibillion-dollar facilities stood idle In addition to meeting with key administra- makers that nuclear power must play an im- for years while licensing proceedings ground tion officials, including then Office of Man- portant role in harmonizing the country’s slowly to completion. The new process re- agement and Budget Director Rob Portman need for energy independence, economic quires only a single combined construction and Energy Secretary Sam Bodman, in 2007. competitiveness, and a healthy environment. and operating license (COL) for both func- I introduced the Voinovich-Carper-Inhofe Sen. Barbara Boxer (D., Calif.), chairwoman tions. There are opportunities for public par- Amendment (SA–1575) to the Energy Bill of the Environment and Public Works Com- ticipation in the new process, but most of (H.R. 6) to allow loan guarantees of 100 per- mittee, recently stated: ‘‘I am a pragmatist. those occur before construction begins, when cent of the loan amount for capital-intensive The vast majority of the members on my such participation is most productive. projects such as nuclear and clean coal, pro- committee support nuclear power, and so do While the new licensing process is a sig- vided that the borrower pays for the loan the majority in the Senate. . . . I don’t think nificant improvement over the old process, a subsidy costs. Although this amendment did there is any question that we are going to be level of healthy skepticism remains by vir- not make it into the final version of the En- seeing new plants.’’ Patrick Moore, one of tue of the fact that the new process has not ergy Bill, the administration recently issued the founders of Greenpeace, also caused a yet been tested. Given the complexities in- a final rule that in effect adopts the intent of stir last year when he declared that ‘‘nuclear volved, it is perfectly reasonable to expect the Voinovich-Carper-Inhofe amendment. energy is the only large-scale, cost-effective some wrinkles during the NRC’s review of I have also been working with the Senate energy source that can reduce emissions the first few applications under the new appropriators to increase the fiscal year 2008 while continuing to satisfy a growing de- process. In my view, the level of success and cap on the aggregated value of the guaran- mand for power . . . and these days it can do certainty in the process will depend in large teed loans. On June 15, together with Sen- so safety.’’ They have come to a similar con- part on the discipline with which the process ators Carper and Inhofe, I sent a letter to the clusion: If we are to meet the growing elec- is implemented by both the NRC and the ap- appropriators urging them to increase the tricity needs in this country and also address plicants. cap from $9 billion (as called for in the presi- global climate change, nuclear power has a Finally, and perhaps most important, the dent’s budget) to an amount sufficient to crucial role to play. composition and the stability of the commis- cover all qualified and worthy energy Despite these positive developments, a sion will be more critical than ever before. projects, including new nuclear, clean coal, number of formidable challenges to realizing Senator Carper and I will work with the ad- renewable energy, and energy efficiency a nuclear renaissance remain, particularly in ministration and the Senate leadership to projects. The appropriators responded by in- the areas of regulatory uncertainty, financ- ensure that future appointees have a bal- creasing the cap to $38.5 billion, with $18.5 ing, availability of human capital, expansion anced and objective view regarding nuclear billion for new nuclear, $6 billion for clean of the domestic supply chain infrastructure, power and its role in harmonizing the coun- coal-based power generation and gasification and nuclear waste management. I intend to try’s need for energy independence, eco- plants that incorporate carbon capture and take steps, together with other stakeholders, nomic competitiveness, and a healthy envi- sequestration, $2 billion for advanced coal to turn these challenges into opportunities. ronment. gasification, $10 billion for renewable energy, My hope is that these steps will serve as a FINANCING and $2 billion for a uranium enrichment fa- road map to making the nuclear renaissance The nuclear industry’s major financing cility. a reality. challenge is the cost of new baseload nuclear Another critical factor for the successful REGULATORY UNCERTAINTY power plants relative to the size of the com- implementation of the loan guarantee pro- gram is a transparent methodology for cal- Processing 22 or more new plant license ap- panies that must make those investments. culating the credit subsidy cost to be paid by plications concurrently on schedule in a Unregulated generating companies and regu- project sponsors. Such costs should be rea- thorough manner will be a monumental chal- lated integrated utilities represent different sonable and commercially viable. I will con- lenge for the NRC, which has not seen this business models, and those differences influ- tinue to work with my Senate colleagues and type of major licensing action in the past 25 ence how these companies approach nuclear the administration to make sure the loan years or so. That is why as chairman of the plant financing. Regulated companies expect guarantee program is working the way it is Senate Environment and Public Works Com- to finance nuclear plants in the same way intended to work. The need for government- mittee’s Subcommittee on Clean Air and Nu- they finance all major capital projects, with sponsored investment incentives should be clear Safety between 2003 and 2006, and now state regulatory approval and reasonable as- only temporary. Once it is shown that new as ranking member, I have focused a great surance of investment recovery through ap- plants can be built to schedule and budget, deal of time and effort on making sure that proved rate charges. These companies must the sector will take care of itself. I don’t the NRC is gearing up to meet this challenge know—before construction begins—that want to create a ward of the state, but rath- and avoid a bottleneck. My management phi- their investment in a new nuclear plant is er to overcome initial hurdles and nurture a losophy since my days as mayor of Cleveland judged prudent and can be recovered. Un- sector that makes economic and policy sense and governor of Ohio hasn’t changed: Place regulated companies rely on debt financing on its own. the right people to run the agencies and de- with a highly leveraged capital structure. partments, provide them with the resource Since the estimated cost of a new nuclear HUMAN CAPITAL AND JOB OPPORTUNITIES and tools necessary to do their jobs effec- plant ($5 billion to $6 billion) is a significant Senator Carper and I recently held a nu- tively and efficiently, and then hold them fraction of the company’s assets, it is in ef- clear energy roundtable with representatives accountable for results. fect a bet-the-company decision. from organized labor, industry, academia, Together with Sen. Tom Carper (D., Del.) To help overcome these obstacles, the En- professional societies, and government agen- and Sen. Jim Inhofe (R., Okla.), I introduced ergy Policy Act of 2005 provides key incen- cies. The roundtable was very productive as a number of bills—the Nuclear Fees Reau- tives for investments in new nuclear plants: it raised an awareness of the impending thorization Act of 2005 (S. 858), the Nuclear a production tax credit of $18 per megawatt- shortage of the skilled workers needed to Safety and Security Act of 2005 (S. 864), and hour for the first 6000 megawatts of new nu- support the nuclear renaissance. Govern- the Price-Anderson Amendments Act of 2005 clear capacity; regulatory risk insurance ment, industry, and labor efforts in the de- (S. 865)—to provide the NRC with what it against delays in commercial operation velopment of a skilled workforce must be co- needs in terms of legislative reforms, human caused by licensing or litigation for up to ordinated in order to align with anticipated capital, and other resources to do its job ef- $500 million for the first two plants and $250 investment in new plants. Each new nuclear fectively and efficiently. These pieces of leg- million for the next four; and loan guaran- plant will require 1400–1800 workers during islation were enacted into law as part of the tees up to 80 percent of the cost of projects, construction, with peak employment of as Energy Policy Act of 2005. Among other such as nuclear plants, that reduce emis- many as 2300 workers. Skilled tradesmen in things, these bills authorized the NRC to sions. While the production tax credit cer- welding, pipefitting, masonry, carpentry, take innovative steps to attract both young tainly improves the financial attractiveness sheet metal, and heavy equipment oper- talent and retired experts to address the of a project during its commercial operation, ations—among others—all stand to benefit. agency’s anticipated shortages in technical and regulatory risk insurance provides a If the industry were to construct the 30 reac- capabilities. safety net in case of regulatory delays, it is tors that are currently projected, 43,400 to The NRC’s licensing process has been com- the loan guarantee provision that makes the 55,800 workers would be required during con- pletely overhauled. All regulatory approvals difference for unregulated companies in de- struction, with peak employment of up to are now received up front based on a com- ciding whether or not to build. Properly im- 71,300 workers. Everyone at the roundtable pleted plant design, before construction plemented, this loan guarantee program al- agreed that the construction of more than 30 starts and significant capital is placed at lows unregulated companies building nuclear new reactors over the next 15 to 20 years risk. Under the old process, repeated con- plants to employ a more leveraged capital could present an enormous challenge for the struction delays and massive cost overruns structure at reduced financing costs, which nuclear industry. were common as applicants struggled to stay then benefits consumers through lower rates The roundtable resulted in a number of ahead of evolving regulatory requirements for the price of electricity. recommendations to turn this challenge into and design changes. The old process required I have worked hard to make the loan guar- an opportunity, including the following: (1) two separate permits—one to begin construc- antee program perform as Congress intended use recent retirees as instructors, mentors,

VerDate Aug 31 2005 02:28 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.002 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4907 and advisors; (2) provide more flexibility to a (H.R. 6) to make American-manufactured nu- clear proliferation, environmental, energy younger generation of workers; (3) invest in clear components, parts, and service-related supply, and economic factors; and (3) ensure building a pipeline of future workers by jobs available to foreign markets. The sup- that the fees paid into the Nuclear Waste front-loading recruitment and training—the port of our House colleagues—Chairman Fund are applied for their intended purpose— philosophy of ‘‘just-in-time’’ inventory does John Dingell (D., Mich.) and Ranking Mem- i.e., the disposal of radioactive wastes pro- not work with human capital; (4) identify all ber Joe Barton (R., Tex.) of the House En- duced by the generation of electricity from existing public and private-sector training ergy and Commerce Committee—was instru- nuclear power—in a manner insulated from programs, and then leverage and fund those mental in getting this piece of legislation political influences. that are successful (e.g., Helmets to Hard- passed and signed into law. This legislation I believe that the safe and secure growth of hats and the Building Construction Trade is anticipated to spur growth in U.S. manu- nuclear energy is essential if we are to har- Department’s training program); and (5) pro- facturing for new international commercial monize the country’s need for energy inde- vide adequate and consistent funding in nuclear power plants, create highly skilled pendence, economic competitiveness, and a science and technology for universities and jobs across the United States, and provide healthy environment. Nuclear power is grow- colleges. American companies and workers access to ing in the world, and our own energy needs Successful follow-through on these sugges- foreign markets that have long been domi- can serve as a springboard to rebuild U.S. tions requires a collaborative effort from the nated by foreign competitors. technology and manufacturing capabilities federal and state governments, industry, or- MANAGING NUCLEAR WASTE to something approaching the leadership the ganized labor, and academia. Congress has The U.S. high-level radioactive waste man- nation once enjoyed, contributing to foreign demonstrated leadership in addressing some markets as well as supporting our own. I in- of these workforce challenges. The recently agement program under the Department of Energy has faced several challenges for tend to work with my colleagues in the Sen- enacted America Competes Act establishes a ate to build bipartisan support and leader- solid policy framework for addressing the many years. First, a redirection of the pro- gram has occurred with every change in ad- ship for making the nuclear renaissance a re- science, technology, engineering, and math ality. workforce challenges identified in the Na- ministration. Second, a majority of the Nu- tional Academies’ report, Rising Above the clear Waste Fund revenues are consistently Mr. VOINOVICH. Mr. President, Gathering Storm: Energizing and Employing applied to support congressional budgetary while coal and manufacturing States America for a Brighter Economic Future. priorities rather than their intended pur- pay their neighbors and the Govern- Sen. Jeff Bingaman (D., N.M.) and I fought poses. Third, the annual appropriations proc- ment to stay in business, the bill estab- to restore federal funding to support nuclear ess provides for ongoing opportunities for lishes trillions of dollars in new enti- science and engineering programs at univer- those opposed to the direction of the pro- gram to interfere with its success. tlements, earmarks—earmarks—with sities across the country in FY 2007 and FY money flowing to over 30 new Govern- 2008. At the time the Nuclear Waste Policy Act Senator Carper and I are planning a follow- was signed into law in 1982, the direct dis- ment spending programs, constituting, up roundtable in mid-2008 to align invest- posal of spent fuel as a national policy was as the Wall Street Journal recently ment and workforce development initiatives established on the premise that the existing pointed out, one of the largest tax-and- to ensure the collaboration and coordination fleet of nuclear plants would operate only spend bills in the Nation’s history. of government, industry, and labor efforts in through their initial 40-year license and then Based on EPA’s analysis, this bill developing the energy-related skilled work be retired, with no new plants being built. would raise over $6 trillion from the al- This was during the post-Three Mile Island force, and to solicit input on legislative sup- lowance auction from owners and oper- port. accident era, when nearly 100 planned nu- ators of utilities and factories that EXPANDING THE DOMESTIC MANUFACTURING clear plants were canceled. Today, the story have to purchase allowances to stay in BASE is vastly different, with most nuclear plants business. But the cost of purchasing In the three decades since the last nuclear likely to extend their operating lives to at plant was ordered and the two decades since least 60 years. Also, there may be as many as these allowances would be passed on to the bulk of the nuclear plant construction 30 new nuclear power plants planned in the consumers as higher prices, which will, was completed in the United States, the nu- next 15 to 20 years. as the CBO points out, amount to a re- clear design, manufacturing, and construc- I held a subcommittee hearing in Sep- gressive tax hitting low- and middle-in- tember 2006 to examine both short- and long- tion industry has significantly declined. The come working families. In my State, leading U.S. firms have either ceased oper- term options for the nuclear waste issue. One of the options discussed was a program to de- they predict that by 2012, the cost of ation, consolidated, or become subsidiaries electricity will go up 50 percent, the of non—U.S. parent companies. The compa- termine whether the reprocessing of spent nies that remain have survived by retro- nuclear fuel should be adopted in some form, cost of natural gas 80 percent, and the fitting and maintaining existing U.S. plants. rather than the current policy of direct dis- cost of gasoline will go up 30 percent. Initially, it will not be possible to manu- posal. Through reprocessing, uranium and Some of my constituents say: How can facture all of the major plant components re- plutonium recovered from spent fuel can be the cost of gasoline go up? I point out quired of new nuclear plants in the United recycled into new fuel. Reprocessing also to them that we have refineries that serves to significantly reduce the volume of States. Successfully bringing the planned 30 refine oil. With this bill, they are going or more new nuclear reactors on line, how- material requiring geologic disposal. Reproc- ever, requires the reestablishment of the essing technology has been used on a com- to have to buy allowances, and those construction and component supply indus- mercial scale for many years in a number of allowances will increase the cost of tries, as well as the supplier network needed countries. The renewed interest in an ex- your gasoline 30 percent. Did you hear to support those industries—from the steam panded role for nuclear power in the climate that? A 30-percent increase in gasoline generators and reactor vessel heads to the change debate further emphasizes the impor- costs as a result of this legislation. thousands of valves, pumps, heat exchangers, tance of reexamining U.S. policies related to Give me a break. and other parts used in a nuclear plant. The the nuclear fuel cycle. I believe we should Despite the severe economic damage not remain solely fixated on a waste solution potential for growth in the manufacturing Lieberman-Warner would impose on sector and manufacturing jobs to support the that was designed for a different day. construction of 30 new nuclear plants is stag- Another idea presented at the hearing in- the U.S. economy, the policy would do gering. volves long-term interim storage perhaps little to address global climate change. I am a strong advocate for government complementing a spent fuel recycling pro- EPA’s—this is not some conservative policies that encourage private-sector in- gram. While permanent disposal at Yucca group out there—analysis indicates the vestment in the manufacturing of various Mountain or a similar facility remains a policy will reduce global concentra- components and pieces of equipment for the long-term imperative, the combination of tions of CO2 less than 5 percent by 2095. energy sector. This includes the nuclear in- short-term on-site storage and longer-term Addressing climate change will re- interim storage of spent fuel gives us time to dustry, as well as other energy technologies quire a technology revolution centered the nation will need, such as carbon capture complete the technology development need- and sequestration. The United States has ed to safely and securely recycle spent nu- on the way we produce and use energy. long been a leader in innovation and ad- clear fuel. The theory behind Lieberman-Warner vanced manufacturing. We need to promote Senator Carper and I plan to hold a round- is that the more painful it is on busi- policies that take advantage of the growth of table to solicit input from various stake- ness, the faster CO2 reductions will our energy sector and of American inge- holders to help us develop a legislative pro- occur. I believe the solution to this nuity, productivity, and entrepreneurship by posal with the following objectives in mind: problem lies in our ability to increase encouraging the manufacturing industries (1) implement an accountable and sustain- access to clean energy. Instead of using able governance structure to execute the fed- that will support future energy development the power of the Government to in- to produce their products in the United eral government’s responsibilities under the States. Nuclear Waste Policy Act; (2) enable the in- crease energy cost, we should use it to I introduced the Voinovich-Carper-Inhofe vestigation of recycling spent nuclear fuel decrease barriers to investments and Amendment (SA–1683) to the Energy Bill with appropriate consideration of safety, nu- clean energy solutions.

VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.003 S03JNPT1 jbell on PROD1PC69 with SENATE S4908 CONGRESSIONAL RECORD — SENATE June 3, 2008 The United States took a lot of flak national partners through collabo- you look at a representative sampling from countries for our not signing rative multinational efforts to develop of this country, our State is a micro- Kyoto, but I am pleased the Bush ad- and deploy the clean energy tech- cosm. And having been all over the ministration has been moving forward nologies that everyone recognizes are State for all of these townhall meet- with some new initiatives. And while necessary to solve this global environ- ings this past week, I can tell you that we didn’t sign Kyoto, we do have a base mental problem. people’s frustrations are turning to of international activities to build on, I appreciate the Chair giving me an anger. They do not know what to do, and one of them could provide the basis extra minute. but they want their Government to for becoming a multinational effort, The ACTING PRESIDENT pro tem- act. giving all countries a vested interest in pore. The Senator’s time has expired. Now, what do we do? Well, I must say technology advancement and deploy- The Senator from Florida. it is very interesting that we hear com- ment. f ing from parts of the energy sector the The thing we have to remember is same old story: We have to drill more. HIGH COST OF ENERGY that, above all, the developing world If you could drill more and you could desires sustained economic growth. Mr. NELSON of Florida. Mr. Presi- get it to market immediately, that Slowing down economic development dent, I wanted Sara Sanders to come would certainly bring some relief. But to address climate change is not an op- over here and be on the floor while I when that is said, the full story isn’t tion they are willing to pursue, and we am speaking, because this photograph told. Because when the oil companies cannot force it upon them. If we are is of her hometown, Madison, FL, in say they want to drill more, and that going to be successful in addressing the Madison County, which is in north supply and demand will take care of challenge of climate change, we have Florida. If you examine this photo- the problem, what they fail to say—and to set a realistic vision for the devel- graph of downtown Madison, here is they fail purposely to say this—is that oping world, using what Richard the old courthouse, and across U.S. 90 there are 33 million acres under lease Armitage and Joseph Nye referred to is this Shell gasoline station. that are submerged lands—33 million as smart power. When they testified be- This photograph is from a couple of acres—of which they haven’t drilled. It fore the Senate Foreign Relations days ago, and you can see that regular is there. They have not drilled. Committee on April 24, 2008, they ar- is $4.09.9 a gallon, and premium is Of course, a side issue here is the gued that the world: $4.33.9 a gallon. This is certainly a constant pressure to come in and drill . . . looks to the U.S. to put forward better record for Florida, and it is especially off of our coast, off of the east coast of ideas rather than just walk away from the a record for the rural parts of Florida, the United States and off of the west table. which Madison County, part of north coast. But there are 33 million acres This was the perception after Kyoto, Florida, is a part of. under lease, submerged, that are al- and it could be the perception again Last week, when we were in recess, I ready available. Plus, there are an- today if we do not find a way to engage did 18 townhall meetings all over the other 34 million acres that are either the developing world. State of Florida, and I can tell you our owned or leased on lands that have not They go on to say: people are hurting. They are hurting been drilled. Now, you don’t hear that, The United States needs to rediscover how because they are having difficulty but that is a fact. Of those 33 million to be a smart power, which matches vision making financial ends meet. Our peo- acres that are submerged, and that are with execution and accountability, and looks ple are hurting and are having dif- under lease and ready to be drilled, or broadly at U.S. goals, strategies, and influ- ficulty making their paycheck go far to go through the process of leasing, ence in a changing world. enough. Our people, particularly those they ignore the fact that we worked And they rightly conclude that our: who have to drive long distances and out a compromise 2 or 3 years ago . . . challenges can only be addressed with don’t have any alternative of mass where we would add an additional 8.3 capable and willing allies and partners. transit to get to work, are having dif- million acres of submerged lands in the Without willing partners in China ficulty being able to afford getting to Gulf of Mexico that could be leased. We and India, we cannot be successful in work. That is symbolized by this pho- kept that away from the military addressing climate change. Tech- tograph of a couple of days ago in training area, which is most of the Gulf nologies development and promotion Madison, FL—$4.10 for a gallon of reg- of Mexico off of the State of Florida. should drive our national climate pol- ular gas. All that submerged land is there for icy. It is the only rational path for- Where is it going to go? Well, I wish drilling, but of course we hear the same ward. It is the only way to deal with to have you look at this particular old refrain from over the years: Well, emissions from rapidly expanding coal- chart. Now, this indicates to us what let’s drill. Let’s drill our way out of the based economies such as China and has happened to the price of gas over problem. The fact is that is a red her- India, that readily admit they have no the last 8 years. In January of 2001, the ring to get us off of the ultimate solu- intention of accepting binding emis- price of gas was at $1.47. Seven and tion to this problem. The answer is not sion targets. one-half years later, the price at the just drill, the answer is alternative en- The public interest and private sec- end of May was $3.94 a gallon. This is a ergy sources. tor communities agree that the crucial national average. As that photograph Now, let me put it another way. The factor that will determine whether we reflected, it has exceeded, even in rural United States has only 3 percent of the have an effective climate policy is the parts of America, $4 a gallon. world’s oil reserves, but the United extent that policy will encourage the It rocked along here at less than $1.50 States consumes 25 percent of the development and deployment of needed for a couple of years. Then, in 2003, it world’s oil production. If you only have technology. Regulation without suffi- jumped above $1.50 and started to 3 percent of the world’s oil reserves but ciently available technology will result gradually climb. Then, in 2005, it you are consuming every day 25 per- in high cost for American consumers spiked up right after Katrina. As a cent of the world’s oil production, while offering little hope that devel- matter of fact, overnight, when doesn’t that suggest to you that you oping nations will answer the call to Katrina hit, it went from about $2.65 to can’t drill your way out of the prob- reduce their emissions. up over $3. It gyrated back and forth, lem; that you ought to be looking to In conclusion, I agree that we need to exceeding that $3 limit, and look what different solutions? act quickly to address climate change, has happened in the last month or 2 I am going to suggest a few. But first but we must be smart about how we months. It has gone from less than $3 a I want to go back in history. What has proceed. I am hoping after this year’s gallon all the way up to $4 a gallon. happened in America? First, we had a debate, we can come together—come There is something that is going on, wake-up call. Remember, it was back together—on a bipartisan basis, to and people are sick and tired because in the early 1970s. The OPEC cartel was draft a bill that doesn’t impose unilat- they are frustrated they can’t afford formed and they decided to have an oil eral actions that hurt our economy and this. By the way, Florida is a micro- embargo, and so the price of oil jumped drive jobs overseas but rather jump- cosm of America. A lot of America has per barrel something like from the $2 starts technology, engages our inter- moved to Florida and, therefore, when or $3 a barrel price to suddenly $10 and

VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.009 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4909 a little more, and the long gas lines oc- Before I offer some additional solu- get a Commodity Futures Trading curred. There was world oil panic and tions, why has oil, as measured in gas Commission that will crack the whip, we vowed we were going to do some- prices, gone, in just a few months, from that will examine this speculation thing about it. As a matter of fact, the $3 a gallon to over $4 a gallon? driving up the price? President of the United States at the Is the President indicating that I do We passed a part 2 weeks ago in the time said, We are going to make our- not have any further time, Mr. Presi- farm bill that is now law that will selves energy independent. dent? Is the Presiding Officer indi- close that Enron loophole that oc- Well, here we are, 31⁄2 decades later, cating I do not have any further time? curred in the year 2000, that exempted and it is not the United States that is The ACTING PRESIDENT pro tem- Enron and others from oversight in the energy independent, it is Brazil that is pore. No. The Senator has spoken for 15 trading markets for energy. That cer- energy independent. In those early minutes. I was consulting with the tainly has allowed that speculation to 1970s, after that scare, when we vowed Parliamentarian to see if there were go on. We got a little victory there, on we were going to do something about limits. There were none. the Commodity Futures Trading Com- it, we went back to sleep. Then in the Mr. NELSON of Florida. That was mission. late 1970s, we had another wake-up my understanding. Mr. President, does The bottom line is, if we are going to call. This wake-up call was the Iranian the Senator from California want to solve this problem we have to have the hostage crisis. Remember how the oil speak? political will. This Senator will be markets got jittery and we started Mrs. FEINSTEIN. Through the Chair speaking about the Lieberman-Warner having the long lines at the gas sta- to the Senator from Florida, I am the bill later on, but there is all kinds of tions again, and we said, We are going first speaker on the global warming inflammatory rhetoric about how this to do something about this energy bill. Do what you need to do. I thank is going to jack up the price of gasoline independence on foreign oil? Then what the Senator. and of oil. happened? We collectively, as a nation, Mr. NELSON of Florida. I am having But the fundamental problem is we went back to sleep. a good time doing it, too. I will wrap have to have the political will to start Cheap oil was part of the problem. It up within the next 5 or so minutes. going to alternative sources in order to seduced us, even though that cheap oil Why, then, other than what we have break the stranglehold of dependence was continuing to get a little more ex- already talked about—the tightness of on oil and particularly foreign oil. pensive. So, then, we get up to the end the world’s oil market—why, in just That means we are going to have to go of the decade of the 1980s and Saddam the last couple of months, has it spiked to alternative sources such as biofuels. Hussein suddenly moves on Kuwait and from $3 a gallon to over $4 a gallon? We are going to have to pour the takes over another country and their Why, in Madison, FL, a rural part of money into research and development oil fields. We had another crisis and oil Florida, 2 days ago, was regular gas at on cellulosic ethanol. Ethanol, of spikes again. The Nation was in an en- $4.10? course, we can mix in our existing cars ergy crisis. Our foreign oil supplies Part of that reason, of course, is with gasoline, and that yields much were being threatened, and we make what we have talked about, the world less consumption of oil. another vow that we are going to do tightness. Part of it is that the United In the new vehicles, the new cars, something about it. And what happens? States relies on oil from foreign shores you can take 85 percent of ethanol and We allow ourselves to be lulled by the for 60 percent of its daily consumption mix it with 15 percent of gasoline. Just sweet dulcet tones of being reliant on a of oil from places such as the Persian think how much less is the use of oil. cheap energy source, even though it Gulf and Nigeria and Venezuela—the Or you put all of that mixture—85 eth- was getting higher and higher, and we Persian Gulf, roughly 20 percent of our anol, 15 gasoline—into a hybrid, and go back to sleep. oil supply; Nigeria, 12 percent of our what about a plug-in hybrid? Suddenly Then we turn the century. Suddenly, daily supply; Venezuela, 14 percent of you have expanded your equivalent we have September 11. Then we have our daily supply. I have just mentioned miles per gallon of oil consumed to up- Afghanistan. Then we have the Iraq three very unstable parts of the world. wards of several hundreds of miles. We war. All of those oil supplies in that re- That is part of the skittishness of this have the technology to do this. The gion of the world are threatened and, world oil market. But there have to be question is, Do we have the political suddenly, everyone is getting jittery. additional reasons. will? That is what I bring us back At the same time, China is emerging as How about the weakness of the dol- around to. an industrial power, and so is India. lar? You know what we could do about There is a lot of inflammatory rhet- They are demanding more and more of that? Here is a solution. We could start oric about how, if you try this new the world’s oil supplies and the sup- bringing our budget back into balance thing or you try that new thing—don’t plies are getting tighter and tighter instead of going out where spending is do it. Go back on the old, reliable oil. and the price starts going up and up. here but revenues are only here and the I have seen frustration grow into anger Still, on the Senate floor with my col- difference each year we have to borrow. out there as I faced my constituents league, the senior Senator from Cali- Guess whom we are borrowing from— and tried to give them hope this past fornia, as I have assisted her for the China and Japan. They are buying our week in those 18 townhall meetings. last 8 years, each year trying to in- debt in order for us to meet our ex- They need hope. We need to help pro- crease miles per gallon in the fleet av- penditures. If we bring that budget vide that hope. erage of our automobiles, we are not back into balance, we can start The next President of the United able to get the votes to pass it. We strengthening our dollar, which will States needs to help provide that hope. allow ourselves to be lulled and lulled help us in this overall global market of I want to be a part of that solution, to back to sleep. oil since oil is sold in U.S. dollars. provide that hope. This Senator is Finally, because of the way this gas But I think the biggest part of this going to continue to speak out against price spiked after Katrina to over $3, fi- spike is that we have world oil markets those voices that would say: No, no, nally we were able to marshal the po- that are buying futures contracts, and just do it the same old way. litical will so that we could change the the speculators are speculating up the It is time for change. It is time for miles per gallon, a modest change, to price as they bid up the price, and they bold ideas. It is time for research and 35 miles per gallon from 25 miles per are not having to put down a substan- development. It is time to take the gallon—although that 25-miles-per-gal- tial amount of money. They are only competitive genius of America, this lon standard set in the 1980s was illu- putting down about 6 percent of the Yankee ingenuity, our ability to cre- sory because light trucks and SUVs total oil contract, so 94 percent they ate, our ability in our technological were exempt. We were able to get to a are basically getting on future credit, prowess—it is time to utilize all of new standard to include all and a fleet and that means they can bid up that those assets and to break through to a average of 35 miles per gallon—but it price. new beginning. would not be fully phased in, over the The question is, Are we going to get I yield the floor. period of the next 12 years, until the in and start checking out these com- The ACTING PRESIDENT pro tem- date of 2020. modities exchanges? Are we going to pore. There is 7 minutes remaining in

VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.009 S03JNPT1 jbell on PROD1PC69 with SENATE S4910 CONGRESSIONAL RECORD — SENATE June 3, 2008 morning business. The Senator from open, she has been consultative, she warm. We can’t stop warming, but we California. has asked to meet with Members, she can slow it down. But if we are to do Mrs. FEINSTEIN. If I may, it is my has asked for Members’ participation even that, we have to act soon and de- understanding there is an agreement in the work. She has been both strong cisively. I truly don’t believe there is a that I would be the first speaker on and solid in her leadership. minute to waste. global warming. I have about 21 min- After years of debating about the To stabilize the climate and to pre- utes. I could use 7 of them now. If the science underlying the warming of our vent catastrophic warming, scientists Senator from Oklahoma—I see him on planet, today marks a momentous step say we need to begin by reducing emis- the Senate floor—if he would prefer because for the first time we are con- sions by 65 to 80 percent below 1990 lev- some time in morning business, I am sidering comprehensive legislation to els—that is 65 to 80 percent below what prepared to yield to him, and then if I address global warming in a com- we have put into the atmosphere in could be recognized as soon as we go to prehensive manner. I believe the time 1990—and do all this by the middle of the bill? has come for the Senate to pass legisla- the century. That translates into a The ACTING PRESIDENT pro tem- tion to tackle this problem. goal of 1,450 parts per million of carbon pore. The Senator from Oklahoma. The bill represents the most com- dioxide in the atmosphere. Vice Presi- Mr. INHOFE. I think we are working prehensive opportunity we have in this dent Al Gore told me recently there is on a unanimous consent request right Congress to help curb our carbon foot- some new science out that we actually now. Why don’t you go ahead and use print and take meaningful action to may need to limit carbon emissions to the remaining time in morning busi- prevent catastrophic climate change— 350 parts per million, which is even stronger. There is new science out that ness, and then you will be the first and nobody should disbelieve that is shows the Earth is warming even faster speaker to use the remaining of that 21 coming. The fact is this: Global warm- than was originally predicted. We need minutes or whatever you want, and ing is happening. It has already begun to contain the warming to 1 to 2 de- that 14 minutes will come out of the to inflict changes on the world as we know it. If you read the newspapers, if grees. We will still experience signifi- bill. cant but manageable changes, but if we The ACTING PRESIDENT pro tem- you watch television, or if you simply take a look around, it is undeniable. fail to act, the Earth’s temperature pore. Without objection, it is so or- could rise 5 to 9 degrees or more. Those Just look at weather patterns. More dered. The Senator from California is results are catastrophic and irrevers- destructive and deadly storms, such as recognized. ible. Mrs. FEINSTEIN. Mr. President, I the cyclone that hit Burma and the I tell constituent breakfasts about am going to yield back the morning tornadoes that have devastated parts the Earth. Most people believe the business time so we can go to the bill of the Midwest, are happening. Species Earth can’t change. But, in fact, plan- and I will be able to speak without are beginning to disappear. The Fish ets do change. Look at Mars, look at interruption. and Wildlife Service has just an- the Earth 250 million years ago, when f nounced that the polar bear has been there was one mass on Earth only. The placed on the endangered species list Earth is subject to change. That CONCLUSION OF MORNING because of global warming. BUSINESS change can be dramatic, and warming Its habitat is literally melting away. affects that change. This is a gamble The ACTING PRESIDENT pro tem- Polar icecaps are melting. The North- we cannot afford to take. The truth is, pore. Without objection, morning busi- west Passage was navigable for the though, there is no silver bullet. There ness is closed. first time last summer. The Arctic Cir- is no one thing that will turn the tide. f cle could be ice free by 2030. The West We need to go clean and green in driv- is running out of water. Scientists at ing, in heating, in cooling, in building, CLIMATE SECURITY ACT OF 2008— UC San Diego believe there is a 50–50 MOTION TO PROCEED and fueling. We need to move away chance that Lake Mead, a key source from fossil fuels. We need the The ACTING PRESIDENT pro tem- of water for 8 million people in the Lieberman-Warner legislation. pore. Under the previous order, the Southwestern United States, will be By 2050, this bill would reduce emis- Senate will resume consideration of dry by 2021, if the climate changes, as sions by 63 percent below 2005 levels or the motion to proceed to S. 3036, which expected, and its use is not curtailed. 57 percent below 1990 levels. So the leg- the clerk will report. Projections suggest that both Antarc- islation sets us on the path toward The legislative clerk read as follows: tica and Greenland could melt at the meaningful greenhouse gas reductions. Motion to proceed to S. 3036, a bill to di- same time. If that were to happen, the It does so in a way that encourages in- rect the Administrator of the Environmental seas would rise by 20 feet. So we are novation and makes the investment in Protection Agency to establish a program to feeling the effects of warmer weather. cleaner energy and green practices decrease emissions of greenhouse gases, and Five out of the past 5 years and 19 out across the entire economy. Impor- for other purposes. of the last 20 have been the warmest on tantly, it also includes important pro- Mrs. FEINSTEIN. Mr. President, I record. visions to keep our economy strong. ask unanimous consent the order of The Western United States is receiv- The bottom line: This legislation is a speakers after morning business, prior ing the brunt of warming. This is be- major step in the right direction. It is to the recess for caucus luncheons, be cause the West’s average temperature the most significant thing we can do as follows: Senator FEINSTEIN for up to is 70 percent greater than the planet as right now to help prevent catastrophic 20 minutes, ISAKSON for up to 15 min- a whole. So the Earth’s temperature climate change. utes, CORKER for up to 20 minutes, has warmed 1 degree over the past cen- Let me take a few moments to talk SPECTER for up to 15 minutes; KERRY tury, but it has warmed 1.7 degrees in about what the bill does. There are two for up to 20 minutes. the 11–State Western region, and it is ways to deal with this. One is a carbon The ACTING PRESIDENT pro tem- only getting warmer. Take a look at tax. Most scientists want the carbon pore. Without objection, it is so or- this map. tax, but most people believe a new tax dered. Here is why. Carbon dioxide doesn’t is not going to happen. The other alter- Mrs. FEINSTEIN. Mr. President, I dissipate in the atmosphere. It remains native is a cap-and-trade system, much rise today to speak in favor of the cli- for 30, 40, 50, 100 years. The atmosphere as Europe has been doing and much as mate change legislation sponsored by is a shell around the Earth, and carbon the Northeastern States have been Senators JOE LIEBERMAN and JOHN dioxide has been growing since the In- doing to deal with acid rain. They have WARNER and the managers’ substitute dustrial Revolution in this atmosphere. reversed acid rain by 45 percent amendment offered by my friend and So the question becomes, how much through their cap-and-trade system. colleague, Senator BARBARA BOXER. will the Earth warm? This very ques- This legislation establishes a cap-and- I congratulate all three of them. This tion is at the heart of why we need cli- trade system for roughly 86 percent of is not an easy road. I want particularly mate change legislation, because sci- the economy. It includes the elec- to thank the chairman of the com- entists tell us we can make a difference tricity sector, manufacturing, trans- mittee for her work. She has been to impact how much the Earth will portation, and natural gas. It would be

VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.010 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4911 the world’s most comprehensive effort spring up as this cap-and-trade system and foresters can take to sequester car- to address global warming to date. It is established. We need to be prepared. bon. The research would be funded controls emissions in more sectors of Just as there are those who manipulate through allowances for agriculture in our economy than Europe’s carbon con- the price of oil and the price of gas— the cap-and-trade system established trol program. It would restore Amer- and we in California found that out to by the Lieberman-Warner legislation. ican leadership in the fight to protect the tune of $40 billion—this new mar- Some of these practices could include our planet. ket could attract Enron-like manipula- several methods popular in my State, Here is how it works. In 2012, emis- tion, fraud or excessive speculation, including row crop practices such as sions are capped at 2005 levels. They unless we take preventive action. This conservation tillage—this is a picture begin to ratchet down 2 percent per month Congress finally passed legisla- of it—permanent crop practices, in- year. By 2020, emissions would be 19 tion in the farm bill to close the Enron cluding planting cover crops during the percent below current levels. By 2050, loophole to protect electronic energy winter season, and using prunings for emissions would be cut to approxi- markets. It took us 6 years after the bioenergy production rather than chip- mately 63 percent below 2005 levels by Western energy crisis to achieve that. ping, mulching, or burning the mate- 2050, or 57 percent below 1990 levels. It is time to learn from these mistakes. rial, and practices to reduce the diges- That is the cap part. The trade part of We need to take steps now to ensure tion-related emissions of methane gas the bill allows for the trading of allow- that the market functions with trans- from cattle and livestock. Once we un- ances, which are permits to release 1 parency, as well as antifraud and derstand which of these innovative metric ton of carbon dioxide into the antimanipulation provisions from the methods is the most cost effective, atmosphere. It is a proven system. It is get-go. farmers could then sell low-cost offset Specifically, this legislation requires working well right now in the United credits to companies that need to re- the President to establish an inter- States to control acid rain and smog duce their emissions. So this is a win- agency working group, the carbon mar- pollution. It has given companies flexi- win. ket working group. It is made up of the bility to innovate and embrace new Third, this bill promotes low-carbon heads of the following agencies: the technologies. fuels through a low-carbon fuels stand- EPA, the Federal Energy Regulatory Under the bill, the pollution permits ard. Similar to the Clean Fuels and Ve- Commission, the Commodities Futures are allocated in a way that transitions hicles Act, which Senator SNOWE and I Trading Commission, the Securities our economy toward a low-carbon fu- introduced last year, this would re- and Exchange Commission, and the ture. In the early years, one-third of quire each major oil company selling Treasury Department. Within 270 days the allowances will be allocated to pol- gasoline in the United States to reduce of enactment of the bill, the working luting industries covered by the bill to the average life-cycle greenhouse gas group would establish the regulatory assist with their transition to less car- framework for the market and rec- emissions per unit of energy in their bon-intensive technologies. So one- ommend necessary regulations that en- gasoline. The provision ensures that third goes to those who pollute to help sure enforcement of core market over- the car and truck emissions go down as them convert. Revenue produced by sight principles. These principles would we increase the use of low-carbon re- selling allowances at auction will be include ensuring market transparency newable fuel, such as cellulosic eth- used to invest in low-carbon tech- in price, volume, and other trading anol. By improving the renewable fuel nology development and deployment. data—all of it made available to the standard, which requires the use of 36 The bill funds carbon capture and se- public—requirements for record- billion gallons of renewable fuel by questration, renewable energy, and keeping, an audit trail which, up to 2020, it assures that the climate bene- other low-carbon technologies for pro- this point, doesn’t exist on the elec- fits of this provision are realized. ducing electricity. That is a good tronic marketplace—but thanks to the My conclusion and my bottom line: thing. It funds efforts to retool car fac- Enron loophole closure bill, it will Confronting global warming will re- tories, to produce more efficient vehi- exist—and finally, preventing fraud, quire action on a broad scale. To those cles and ventures to develop cellulosic manipulation, and excessive specula- in this body who are dissenters, I say biofuels, two steps essential to reduc- tion. this: If we do not do it, when the ing vehicle emissions. It funds efforts I was pleased to hear the Commod- science has coalesced, when the science to increase the efficiency of buildings, ities Futures Trading Commission is tells us the time is limited, when the homes, appliances, and it rewards now taking a look at excessive specula- science tells us we cannot stop it be- States that produce significant emis- tion in the oil market as a reason for cause it does not dissipate—we must sion reductions. the drive up of prices of gasoline. I will move away from carbon, and we must In later years, this bill refocuses its bet anything there is excessive specula- move to other kinds of fuels, and do so assistance toward worker training and tion in that market today. These regu- quickly, and we must take these steps financial relief for consumers. It is a lations would be fully enforceable by to aid the conversion of American in- good bill. It assists those in coastal and existing market oversight agencies, dustry. Also, most important, this bill arid States who will have to adapt to and violators would be subject to sig- will signal that the United States, sea level rise and rainfall loss. So it nificant penalties. So it is critical we after a long period of doing nothing, is makes our world better off, but it also protect these markets from the outset. prepared to stand up tall and to lead. helps those who may have to shoulder We cannot afford to delay. I thank Senator WARNER and Senator an undue burden. Secondly, the bill promotes green LIEBERMAN for this legislation. I know Here is the bottom line: This cap- practices for farmers and foresters. the senior Senator from Virginia is on and-trade bill significantly reduces This is something I am very interested the floor. I know he is going to retire emissions. It funds new technologies. It in. California is the largest ag State. at the end of the year. I want him to deploys existing low-cost options. It The legislation includes language I au- know very personally from me how contains costs. It mitigates negative thored to fund research on innovative much I respect him. impacts. It effectively combats climate and cost-effective methods for farmers I respect your leadership on this change, while protecting our quality of and foresters to store carbon in the issue, Senator WARNER. I think it life. soil. leaves you a great legacy. I only hope I wish to take a few moments to talk It is believed that farming and for- we will do justice to you by passing in detail about some of the key provi- estry practices to sequester carbon in this legislation here today. So thank sions of the bill that are of particular the soil hold great potential to reduce you so much for your leadership. note. First, the legislation includes our carbon footprint, and this is par- The ACTING PRESIDENT pro tem- language to establish Federal oversight ticularly true in my State. But the fact pore. The Senator from Virginia. for the new carbon market. This is is, we do not yet know enough about Mr. WARNER. Mr. President, if I something I learned, as a Californian in the best ways to carry out carbon se- might just speak for 2 minutes. the Western energy crisis, that we need questration. I thank my colleague from Cali- to do. A $100 billion market for the So this legislation would help shed fornia. I say to her, it has been a pleas- trading of carbon emissions is going to light on a number of practices farmers ure to work with you and to continue

VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.011 S03JNPT1 jbell on PROD1PC69 with SENATE S4912 CONGRESSIONAL RECORD — SENATE June 3, 2008 to work with you in the Senate. Our about conservation and open and green good sense, incentivize nuclear, and re- primary responsibilities are on the In- space. Both are included in two amend- duce the emission of carbon into the telligence Committee, but you are a ments that at some point in time in atmosphere. very diversified Senator and can seize the debate I hope to be able to offer. I have a chart I will put up. It is very many subjects and provide your exper- First nuclear—and Senator WARNER interesting on these subsidies, by the tise for the benefit of this Chamber. I was kind enough to share with me an way. There are a lot of antinuclear peo- thank you for your thoughtful, per- amendment he plans to offer on nu- ple who talk about how the Govern- sonal remarks and your very inform- clear, which is a recitation of a number ment should not subsidize nuclear. ative speech given this morning. of facts that ironically I am going to Well, we subsidize almost every form of Mrs. FEINSTEIN. Mr. President, I recite in my remarks—and I commend energy. Today in America, $24.34 of yield the floor. him for doing that—the most impor- every megawatt hour produced by solar The ACTING PRESIDENT pro tem- tant of which is that today in America, is a tax incentive, a Federal subsidy. pore. The Senator from Georgia. 73 percent of the noncarbon-emitting On wind, $23.37 is a Federal subsidy on Mr. ISAKSON. Mr. President, I ask energy generated in this country is every megawatt hour. For nuclear, it is unanimous consent that I be able to generated by nuclear. That 73 percent $1.59. That is the level of subsidy. Ten speak for up to 15 minutes. saves 700 million metric tons of carbon times or really twelve times the nu- The ACTING PRESIDENT pro tem- from going into the atmosphere. clear subsidy is what you pay for solar pore. That order has already been en- You would think if you already know and wind, which give you 27 percent of tered. you are saving 700 million metric tons your carbon-free electric energy, while Mr. ISAKSON. Mr. President, I wish of carbon from going into the atmos- nuclear gives you 73 percent. to commend the Senate for assessing phere and you know that 73 percent of The bill also deals with empowering what is the most important issue con- your noncarbon-emitting energy is the workforce. When we evacuated nu- fronting the United States of America coming from nuclear, it would seem clear energy generation in the 1970s, today; that is, energy, its contribution that if you want to reduce carbon emis- something else evacuated in America, to the environment, its costs, its avail- sions and carbon in the atmosphere, and that was the construction of nu- ability, its future, and its impact on you would empower nuclear energy. clear equipment, and that includes all the economy. I think we should do that because re- the employees the industry would need I rise today to thank a number of gardless of your philosophy on global in a revitalized industry. So we focus people who have contributed to the warming and climate change, carbon is on that and talk about trying to bring body of knowledge I want to try to re- making a difference, and it is in our that back to the United States of cite as best I can today: Michael geopolitical interest and it is in our en- America and to empower our workforce so we can build safe, reliable nuclear Quiello, Caroline McLean, and Duncan vironment’s interest to reduce car- energy plants in the 21st century. Hill of my staff; Annie Caputo of the bon—geopolitically because we buy less staff of the EPW; and three individuals I have a number of quotes from the from Chavez, Ahmadinejad, and Putin, following members, in public debate, back in Georgia, two alive today, one, where we get a majority of our oil unfortunately, who is deceased: Carl when we debated this nuclear amend- today. That is the geopolitical issue, ment in the EPW Committee. Senator Knobloch, a distinguished man in our and that is good for us to do. Environ- LAUTENBERG, Senator BAUCUS, Senator State of Georgia, who is probably the mentally, they are not exactly sure at CARDIN, Senator CARPER, Senator WAR- most ardent advocate for open and Greenland what all is happening, but NER, and Senator LIEBERMAN all made green space and the preservation of our they are sure the carbon isotopes and comments endorsing and embracing environment of any one I know; Mr. the ice borings are much higher today the fact that nuclear is a part of the Chris Sawyer, who is a distinguished than they were 30 years ago, and that solution. I would ask today, if it is a lawyer, who represents many national is the one change. part of the solution, why is it not a organizations and many conservation So it is important to reduce carbon. part of the Lieberman-Warner climate organizations; and Mr. Bob Shearer. But to leave out the single way we change bill? Bob passed away last year, but in the know to do it best, to leave out the em- On conservation, for just a second. 1970s he had led the Georgia Power powerment of nuclear energy, to talk Carbon sequestration is something we Company during the time it built the about it only in terms of reference and need to perfect, and we do not know Plant Vogtle, a nuclear energy plant in not in terms of action is, to me, dis- how to do it yet. We think we can find Georgia that today provides affordable, appointing. some caverns in the earth and we can reasonable, reliable, and inexpensive The amendment I will offer—which I sequester it there, but we are not quite energy without emitting any carbon offered in committee—does a number sure. The technology is not there yet, into the atmosphere. of things. nor is the cost, but we hope we can do Mr. President, I could not agree more First of all, it provides incentives for it. But Mother Nature has been seques- with Senator FEINSTEIN’s remark that nuclear energy in terms of a 10-percent tering carbon for all time because that it is time for us to put all of the issues investment tax credit for the produc- is the way the balance in our environ- and all of the solutions on the table. It tion of a new nuclear powerplant. By ment works. That is one of the issues. is time for us to talk about everything the way, solar tax credits today are 30 So I have an amendment to propose we need to do to improve our environ- percent. This is one-third of the tax which is a conservation easement tax ment, make energy more affordable, credit for solar. But 10 percent is a credit amendment to incentivize the and protect our economy. good incentive, and these plants are United States of America over the next I think it is ironic that the legisla- huge investments. That is No. 1. 5 years through $25 billion in refund- tion that will be before us is a piece of Second is accelerated depreciation or able tax credits to generate a fund to legislation that leaves out two subjects recovery of investment over 5 years. buy conservation easements in open that are critical to being accomplished That is appropriate. and green space throughout the United in what the bill portends. First, it basi- Third, loan guarantees—loan guaran- States of America. cally leaves out any provisions for nu- tees and standby help—for an industry Since the founding of our country, 15 clear energy or the expansion of elec- that in the 1970s, when Government percent of our forest and open space tricity through nuclear power. Second, stalled it and investment dollars went and green space is gone forever to an it gives no attention to the single way away, absolutely almost went bank- impervious surface known as urban de- we know to sequester carbon today. It rupt trying to continue to build the velopment. If that continues, then our talks about carbon sequestration in a plants that today emit carbon-free en- own natural carbon sequestration sys- prospective way but does not talk ergy in the United States of America. tem will be broken. So it is important, about the single way we sequester car- Those three provisions—the standby while we still have the open and green bon today, which happens to be loan guarantee, the investment tax space, while we know where our wet- through Mother Nature. credit of 10 percent, and the 30 percent lands are, where our rivers and water- So for just a second I wish to talk in terms of depreciation and the 5-year ways are, where our important eco- about nuclear power, and I wish to talk depreciation recovery—make perfectly system lands are, that we create a

VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.012 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4913 mechanism for those lands to be pro- The ACTING PRESIDENT pro tem- Mr. ISAKSON. I am delighted to tected, but not one where the Govern- pore. The Senator from Virginia is rec- yield. ment goes and buys it—it costs you a ognized. Mrs. BOXER. Mr. President, I wonder lot of money to buy all this land—in- Mr. WARNER. Mr. President, I wish if the Senator knows that Exelon has stead, to have a program where you to commend our distinguished col- given its support to this bill and also create refundable tax credits, very league from Georgia. I listened very NRG and they are coal and nuclear and much like the low- and moderate-in- carefully, and I appreciate his ref- Exelon is nuclear. So I wonder if my come housing tax credits, $5 billion a erence to the fact that I will be offer- friend understands that Senator WAR- year for 5 years, to be sold in the mar- ing at the earliest possible time an NER is going to do an amendment, as he ket, to raise the money for which you, amendment to lay some foundation in has said from day one, and I am sure in turn, allow 501(c)-qualified organiza- this proposed legislation addressing nu- you will help him with that amend- tions, like the Trust for Public Land, clear power. ment. The amendment probably has a the Conservancy, et cetera, the capital As I listened to what the Senator very excellent chance of passing. to go to out and, according to a state- from Georgia said, I basically agree. I wish to make sure my friend knows wide plan, buy conservation easements But as the Senator well knows, if we companies that build nuclear power- to protect in perpetuity those areas were to have included these provisions, plants endorse this bill without any critical to our ecosystem and our coun- either during the course of the com- changes, although there are going to be try and, in fact, our environment. mittee markup or indeed now in the more changes. Under some of the mod- It would seem to me that when you amendment process, we would get blue- eling, I wonder if my friend has looked debate the most topical issue of the slipped. This type of legislation, which at what the projections are for building day, the most controversial issue of the I support, I say to the Senator, must nuclear powerplants without one day—the thing everybody wants to originate—as he well knows having amendment on this bill. Does my friend talk about—if you know there is only served—in the House of Representa- know the answer to my question? Has one way to sequester carbon, and that tives and then come to the Senate. he looked at some of the modeling that is through the natural process of na- So as colleagues follow this and say we have gotten from this administra- ture—and protecting open and green to themselves: This Senator brings tion on this point? space does that—and you know the forth very constructive proposals, why Mr. ISAKSON. Mr. President, I thank only major supplier of carbon-free en- didn’t the managers put that in the the distinguished chairman. I am ergy is nuclear, that you would make bill, I think you would have to agree aware some of the companies that are an investment in this act by seeing to with me we would be faced with a blue- in the nuclear business have endorsed it that you empower the future of the slip problem and our bill would come to this, and let me say this—and if I stand country to focus on conservation and a dead halt. to be corrected, I would appreciate the nuclear and all the other sources avail- Mr. ISAKSON. Mr. President, I ap- Senator correcting me. But those who able. preciate the distinguished Senator’s— are heavily invested in nuclear that are I am a Republican. I am not one who may I address the distinguished Sen- operating today are in support of this likes to throw partisanship out in any ator through the Chair? because they are going to sell their debate. I think you ought to win some- The ACTING PRESIDENT pro tem- carbon credits to those who are not thing on merit. But I think we and our pore. The Senator from Georgia is rec- heavily invested in nuclear and are party and the Democrats and their ognized. generating coal. That motivation is a party need to look at this issue in a Mr. ISAKSON. Mr. President, I ap- motivation that is economic as much different perspective. A lot of us have preciate the generous comments of the as anything else. our biases. It is time to put our biases Senator from Virginia and the work he What I would like to see is for us to aside. If there is a known solution out has put into this, and I would publicly get everybody on a level playing field, there where we can reduce carbon, ex- acknowledge that in the committee where we have more nuclear and we pand our energy availability, and re- and privately. The Senator has stated have less coal and we have less gas and duce costs, we ought to embrace it. eloquently to me his support for the we have less oil-generating electricity. Nothing should be off the table. Solar concept of expanding and empowering Then we will be better off. So this is a shouldn’t, wind shouldn’t, nuclear nuclear energy. winners and losers game in terms of shouldn’t, renewable shouldn’t, bio- I also understand what our block is: the carbon tax or the carbon credits. diesel shouldn’t; whatever it is, syn- the blue slip. I referred in my closing Those who have a low-carbon footprint thetic fuels, we should act now, and we remarks: We have to start putting our are going to have credits to sell and should act boldly to see to it that while biases aside to allow the full debate to those who have a high-carbon footprint we work for the best interests of our take place on what we are going to do who use coal or oil are going to have to environment, we work for the best in- to lower energy costs and reduce car- pay a lot of money to buy it. That is terests of our citizens. bon. If we talk about nuclear being why there are some biases in these in- Our citizens today are paying more good but aren’t willing to address it dustries that are for and against. for gas and energy than they have ever and somebody is going to blue-slip or The ACTING PRESIDENT pro tem- paid before, and there is no end in put a hold or kill a bill simply because pore. The time of the Senator has ex- sight. We have a debate today that if it has nuclear in it, then we are not se- pired. this bill passed in its form, it would rious, in my judgment, about reducing Mrs. BOXER. Mr. President, if I raise that cost even more; by some es- the cost of energy, reducing the might ask unanimous consent for 5 timates, $1.50 a gallon more. We are amount of carbon or dealing with the minutes so the three of us can engage talking about serious business here. We problem ahead. I am not speaking to because I think this is a very impor- need to be serious as Members of the the distinguished Senator from Vir- tant point. Senate, as Members of the most delib- ginia because I know where his head The ACTING PRESIDENT pro tem- erative body in the world, and make and his heart are, and Senator pore. Without objection, it is so or- sure every option is on the table. For LIEBERMAN has expressed the same dered. this Senator, that means expanding thing. But there are others—there are Mrs. BOXER. First of all, I think for conservation easements for better se- biases on both sides. We need to put my friend to say these two companies questration of carbon naturally, and it our biases away and allow every viable have no future plans to build power- means by reempowering the nuclear alternative to be debated on the floor plants or expand the plants, that energy business to see to it that the of the Senate and voted on. Up until makes no sense. I haven’t read their one source of reliable, safe, carbonless the time we do that, we are wasting annual report, but for him to say the energy that we know today in the our time and, unfortunately, we are only reason is because they are going United States is empowered for the 21st wasting a lot of our taxpayers’ money to make some money off the allow- century. who are paying exorbitant prices for ances—I don’t think he is looking at Mr. President, I yield back the re- the problem today. the plans for these companies, No. 1, mainder of my time. Mrs. BOXER. Will the Senator yield? but they can speak for themselves.

VerDate Aug 31 2005 02:28 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.013 S03JNPT1 jbell on PROD1PC69 with SENATE S4914 CONGRESSIONAL RECORD — SENATE June 3, 2008 The second part, which my friend work that apparently is going on in I came to the Senate to focus on the didn’t answer, is that in the modeling other committees as it relates to nu- big issues our country has to deal with. we have seen, without one amendment, clear power. I saw this as one of those issues. For it looks as if there will be built, over But perhaps I will reflect on this as that reason, a year ago, I accompanied the period of the lifetime of this bill, to whether I could add in my amend- Senator BINGAMAN to Brussels, to 150 nuclear plants. So without one ment, or the Senator from Georgia Paris, and to London, where I sat down amendment—and there are going to be might wish to modify my amendment with carbon traders and with European amendments—and I have never been a and take those portions of his which do Commission members. I met with ce- great fan of nuclear energy. For one not impact blue slip—I think that is ment manufacturers, utility providers, reason, I worry about the waste. I something we don’t want to get tan- and all those involved, if you will, in worry about the waste. I worry about gled up with—and doesn’t infringe on this debate in Europe. having all this waste. So that is my the jurisdictions of the other commit- I also was fortunate enough to ac- issue. I have said many times there are tees and see if we can make it work. company the chairman, Senator a few of us who care about that, and Mr. ISAKSON. Mr. President, I thank BOXER, to Greenland to see the poster there are others who seem to feel com- Senator WARNER. To Chairman BOXER, child, if you will, of what this debate in fortable it is totally safe. We will have first of all, if I said—I very well could some ways is about. Ever since that that debate. have—if I said I knew they weren’t time, I have been fixated, if you will, But the fact is, when you pass legis- going to build more powerplants in the on the goal of figuring out a way that lation such as this, there is a winner. future, I didn’t mean to say that. What we as a country can put in place poli- The winner goes to those energy I meant to say was those nuclear com- cies that allow our GDP growth, we can sources that don’t produce carbon just panies that were the most supportive continue to ensure a better standard of living for those coming after us, having on its face. That is why we give so were the ones that were way ahead in energy security as a country, and mak- much for clean coal, because we are the building of nuclear plants already ing sure we have climate security all at trying to make sure we keep going generated far more carbonless energy the same time. That has been my goal. with coal and that it is clean coal. because of that and were going to sell I have seen, actually, this debate that So I would say to my friend, and then their credits—and I am a business guy; is taking place this summer right now I will yield my time to Senator WAR- I think making money is a great deal— as a tremendous opportunity for us to NER to go back and forth—I am pleased are going to sell their credits to those come together as a country and to he came over here. I love working with companies that are more coal- and car- bon-producing friendly. focus on those things. Senator ISAKSON. He is a friend. He is a Some of what I saw in Europe were pal. We don’t see eye to eye on this You are right, I didn’t talk about the modeling. The modeling does project unintended consequences, things such particular issue because I believe that as fuel-switching that took place, when to have people who are nuclear power- more plants in the first 42, 43 years of the life of the bill to 2050. However, I people move from coal to natural gas plant proponents say this bill doesn’t and all of a sudden found themselves do enough, means they haven’t looked would submit to you, a modernized nu- clear title would allow those plants to very dependent on an unfriendly gov- at what the projections are ipso facto come on safely, more quickly, and ernment—Russia—to supply natural because it is a clean energy source, in could more quickly address the carbon gas and using that political clout, if terms of carbon. I wished to make that issue than the way we are currently you will, over some of those countries point. But I wish to thank my friend caught in this conundrum of the anti- that were dependent. So I have worked for the tenor and tone of his remarks. with Senator WARNER and with others I yield the remainder of my time to nuclear versus the pronuclear, so we do nothing to empower an industry that to try to craft legislation that I think Senator WARNER. we know generates 73 percent of our works for our country. Mr. WARNER. Mr. President, I thank I see this as a tremendous oppor- the chairman. I would say to my good carbonless energy today. But I thank the distinguished chair- tunity; I do. A lot of people think this friend from Georgia, I have talked ex- man for her patience, the distinguished is not a good time to be talking about tensively with a wide range—as you Senator from Virginia for his contribu- climate change legislation. They say have—of the industrial individuals who tion. I look forward to working with that because we have $4 gasoline at the represent nuclear plants today and are you in any way I can to hopefully move pumps, this is a terrible time to be forthcoming. The chairman is quite us forward. talking about legislation of this na- correct. A number of these companies I yield back the remainder of my ture. I actually think this is a perfect are planning to go ahead boldly and time. time to be talking about it. I think courageously and build new plants. Mr. WARNER. Mr. President, again, I there is a passion in our country, ex- Given the uncertainties of where they commend our colleague for a very con- hibited by the chairman, to address the are going to get the parts, can they be structive contribution to the dialogue issue of climate change. I think there manufactured in the United States; on this bill. are many people in our country who given the uncertainties as to whether The ACTING PRESIDENT pro tem- feel that same way. I think Americans there are enough trained people to op- pore. The Senator from Tennessee is throughout our country, seeing the erate these plants, they are going recognized for 20 minutes. prices at the pump, are feeling very ahead. So I don’t believe it is just a Mr. CORKER. Mr. President, I rise to vulnerable as it relates to their own profit motive. speak about the Lieberman-Warner Cli- energy security and realize that we as But as I talk to these individuals, it mate Act. I understand I have 20 min- a country need to have a comprehen- is clear to me they are watching the ju- utes. sive energy policy that we do not have risdiction of the Energy Committee as The ACTING PRESIDENT pro tem- today. So I see this tremendous oppor- having a great proportion of the nu- pore. That is correct. tunity for these two groups who have clear responsibility; the Tax Com- Mr. CORKER. I ask that the Chair been at odds for so many years—actu- mittee, and they cautioned against try- notify me when I have 5 minutes re- ally generations—to actually come to- ing to do too much in this bill for fear maining. gether and to do something that is of interrupting a process that is in I wish to say I am very excited to be good for our country, both from the place with the Energy Committee, the on the floor today. I have tremendous standpoint of the environment but also Tax Committee, and such other com- respect for the sponsors of this bill and making sure our country is energy se- mittees as deal with nuclear power be- all those who have been involved for cure. cause that responsibility does spread some time. I think everybody knows by Now, I am going to say something I over quite a number of committees this point that while there are a num- know that may not be that well re- within the Senate. So we could not ber of arguments regarding the bill ceived, but I think this bill, unfortu- simply put into our bill, recommended that is on the floor, I choose not to de- nately—and with all the respect that I by way of amendment at this time, bate the science. I accept the fact that have for the sponsors—I think this bill such a comprehensive amendment be- we as a country and we as a world need unfortunately squanders that oppor- cause we know it is disruptive to the to address this issue. tunity.

VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.015 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4915 The reason I say this bill squanders bon today in London, it might be as Mr. CORKER. I will yield when I fin- that opportunity, instead of addressing much as $13 trillion. ish. I know the Senator has spent a tre- those two things I mentioned in a pure We all know if this bill passes, every mendous amount of time on this, and I fashion, we have resorted to the old- American will pay more for energy, respect that. time politics of making sure we sup- and I understand that. By the way, I The reason we have cap-and-trade port various interest groups around our want everybody in this body to know I legislation being discussed is the fact country and spread trillions of dollars am open to discussing cap-and-trade that we want to limit the amount of around the country to try to win sup- legislation that takes our country in carbon emissions that come out of our port for this bill. I think that is a the right direction. What I am so op- country. So one of the other pieces of shame. posed to—and I am so saddened by the the bill that, to me, is truly offensive I plan to offer some amendments I fact that this bill does this—is this bill is that this bill allows for something will discuss at the right time. Let me takes trillions into our Treasury and called international offsets, which is make sure the American people under- then, in a prescribed way, much of it in nothing more—again, I will go into this stand what happens with cap-and-trade nondiscretionary spending, spends that in detail when I offer an amendment— legislation. Most Senators do. What money from the year 2012 through the this is something that encourages com- this bill contemplates is capping the year 2050. We have talked a lot about panies in our country to go through a amount of carbon emissions our coun- earmarks in this body. This is, in fact, loophole so they don’t have to pay the try emits, and then reducing that cap the mother of all earmarks—to make full price of carbon, and actually spend over time, from the year 2012 to the sure I am neutral, it is the mother and billions of dollars in countries such as year 2050, and establishing a price for father of all earmarks. This, in essence, China, where we already have tremen- that carbon by creating an auction. It creates an entitlement program from dous trade deficits. I absolutely have no understanding of would be much like if Senator DOMEN- 2012 through 2050. I don’t understand, if why we would permit that in a bill ICI and I and Senator WARNER decided proponents want to affect our climate, we were going to create a company, why they don’t take those trillions in such as this, which is being designed to limit carbon emissions in our country. and what we did was allocated our- and then immediately redistribute all These international offsets have been selves shares of that company, and in of those dollars back to the American documented to be fraudulent. We have order to make the company grow, we citizens. The reason is—and I am sad to had tremendous problems in working sold public shares in the marketplace. say this—this bill attempts to win sup- through the United Nations to admin- Those shares would generate income port of the American people and inter- ister these programs. I have no idea into our company and allow us to grow, est groups throughout our country by why international offsets, which have if that is what we wanted to do. But the same old thing that has gotten our been so fraudulent and have nothing the day we went public, it would enrich country in trouble today, and that is whatsoever to do with lowering emis- us. Those allocations of shares we allo- spreading this money around to the sions in our country, would be part of various interest groups throughout the cated to ourselves would enrich us im- this bill. mediately because they become mar- country and prescribing the spending Let me say, in general, I realize we ketable securities. in a way that I don’t know of any bill are not going to pass a bill this year, in Obviously, what this bill does is, No. since Medicare or Social Security. I all likelihood. I think that, in many 1, takes trillions of dollars into the don’t know of a bill that has done this ways, is regrettable. I think we as a Treasury beginning in 2012 through an to this extent in modern times. country, right now today, when the Another piece that goes unnoticed is auction process; in other words, we sell American people are feeling very vul- the allocation process. This bill allo- carbon allowances on the public mar- nerable—and right now we have many cates out to entities all across this ket. On the very day that occurs, the Senators in the Chamber who have allowances that are talked about as if country carbon allowances. Those are such a passion as it relates to climate they mean nothing become marketable marketable securities. It is the same as security—I think it is regrettable that securities, and they enrich all of those owning a share in IBM. It is a tremen- we cannot come together and, as a part entities that receive those allocations. dous transference of wealth. Twenty- of this legislation, add many compo- That is where I think this bill misses seven percent of the allocation in this nents—for instance, that one which bill goes to entities that have nothing the mark. PETE DOMENICI from New Mexico led us The auction proceeds that come in to do with emitting carbon. I have no on—and create a bill that doesn’t just with this bill—let’s be fair and I will idea why we would do that in legisla- address climate but also addresses our not use words that are demagogic— tion of this nature. I think it is rep- country’s energy security. when we pass cap-and-trade legislation, rehensible. One of the reasons we see so The American people are looking to we all understand it increases the cost many people walking the halls of our us right now to act like adults. I have of energy that is generated through Senate offices in tailored suits, car- to say I am not sure that as a country, fossil fuel. That is a fact. That is petro- rying nice briefcases, is that people for the last several years, for some pe- leum, diesel, coal, ethanol, all of those who are in the know—I know the Sen- riod of time, we have owned up to our things that, when they are consumed, ator mentioned some of these compa- country’s major problems. We have not emit carbon and will cost more on day nies—realize this is a tremendous done that. We have a tremendous op- one. So the American public is going to transference of wealth. If they sit at portunity in this body this week and be paying for that. the table and they have something to next week to address our country’s en- Everything Americans buy—if this do with how these allowances are allo- vironmental issues simultaneously bill passes—that has something to do cated, that might be better for them with energy security. I think that is with energy will increase. When they even in operating their companies, as what the American people are looking go to the gas pump, it will cost more. well, because we are creating a situa- to us to do. When they pay their utility bills at the tion that transfers trillions of dollars I regret the fact that this bill, in- end of the month, it will cost more. of wealth. stead of being about climate security, When they buy food and clothing, it I am going to be offering some instead of being about something that will cost more. amendments, and I am disturbed that drives our country toward using tech- What this bill, unfortunately, does is some of the sponsors have indicated nology that would cause our country to takes in trillions of dollars—by the these are poison pill amendments. I be energy secure, has ended up being way, the EPA has modeled this based have focused solely on the policies of about money. It has ended up setting on a price of $22 per ton for carbon in this bill. I have never used demagogic up a command-and-control economy. the beginning. I want people to under- language to describe this bill—never. I Look at these various wedges on this stand that today, in essence, in London have never tried to debate the science. pie chart. I could show many more. It carbon is selling for $41 a ton. Based on I am trying to focus on the policies of is an amazing thing that from the year the modeling, this bill, over its life, the legislation. 2012 through the year 2050, over a tril- transfers wealth of $6.7 trillion. But if Mr. KERRY. Will the Senator yield lion dollars of this money is pre-pre- it were, say, based on the prices of car- for a question? scribed. It is amazing that, as it relates

VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.023 S03JNPT1 jbell on PROD1PC69 with SENATE S4916 CONGRESSIONAL RECORD — SENATE June 3, 2008 to technology, there is a five-person Mr. SPECTER. Reserving the right Mrs. BOXER. Yes. board that has been set up to decide to object, I don’t know what the re- The ACTING PRESIDENT pro tem- where the trade of dollars will be spent. quest is. pore. Is there objection to the unani- I cannot imagine this body—I cannot Mrs. BOXER. I will reiterate it. It is mous consent request? Without objec- imagine it—approving legislation of that Senator CORKER finish his 31⁄2 min- tion, it is so ordered. this type. utes and do a colloquy back and forth The Senator from Massachusetts, I What I hope will occur is that the with Senator KERRY; that immediately believe, is recognized for a question for American people will become aware of following that, I have some time to the Senator from Tennessee. what this debate is about. I hope all of make some unanimous consent re- Mr. KERRY. Mr. President, I listened us will have a constructive debate in quests and have a minute to comment to the Senator from Tennessee calling this body. My goal and hope is that we on what has transpired, and that be fol- this bill a spending bill—in fact, an en- as a body will come together around lowed with 2 minutes for Senator WAR- titlement bill. I ask the Senator from climate change and energy security in NER. So far we are 3 minutes delaying Tennessee—I believe the Senator from an appropriate way and in such a way Senator SPECTER. Senator DOMENICI Tennessee voted for farm subsidies. I so those generations coming after us said he did want some time, or did not? believe the Senator from Tennessee will have a better quality of life. Mr. DOMENICI. Let me say, I am voted for capital gains tax reduction. I Mr. KERRY. Will the Senator yield? going to ask the Senator from Ten- believe the Senator from Tennessee (Several Senators addressed the nessee to yield to me a minute of his voted for the oil and gas depreciation. Chair.) time to answer a question, or ask a I would like to know from the Sen- The ACTING PRESIDENT pro tem- question on his time. ator from Tennessee, if those are not pore. The Senator from California is Mr. SPECTER. Mr. President, reserv- subsidies, how he distinguishes incen- recognized. ing the right to object, and I do intend tives that change behavior that are Mrs. BOXER. How much time does to object, I have already said I would market driven. You either take advan- the Senator from Tennessee have re- be willing to yield 2 minutes to Sen- tage of it or you don’t. Nobody com- maining? ator BOXER and 2 minutes to Senator mands and controls. It is up to the in- The ACTING PRESIDENT pro tem- WARNER, where Senator BOXER then dividual company. Why is the effort to pore. Three and a half minutes. added some amorphous language about have a transfer of a payment that is an Mrs. BOXER. Mr. President, Senator an exchange between the Senator from incentive for different behavior any KERRY wishes to question the Senator, Tennessee and the Senator from Massa- different from any of those things for if it is OK with the Senator from Ten- chusetts. I don’t understand what that which the Senator from Tennessee has nessee. After that, I wish to be recog- is and how long. voted? nized for unanimous consent requests If I may finish, Mr. President. If I Mr. CORKER. Actually, I am glad the and perhaps an additional minute or may finish. Senator from Massachusetts brought two, to be followed by Senator WARNER Mr. CORKER. I will take my time that up. That is the portion of cap-and- for 2 minutes and Senator DOMENICI for back. trade legislation that I believe is ap- 2 minutes. And then—— The ACTING PRESIDENT pro tem- propriate. Unfortunately, what this bill Mr. DOMENICI. Mr. President, I pore. The Senator from Pennsylvania does is it takes in trillions of dollars want time. has the floor. and then pre-prescribes how that Mr. SPECTER. Parliamentary in- Mr. SPECTER. I have been waiting a money is spent, going out into areas to quiry, Mr. President. while. I would like to have my time people who have nothing whatsoever to The ACTING PRESIDENT pro tem- which has been locked in and for which do with emitting carbons. Twenty- pore. The Senator from Pennsylvania I have been waiting. Beyond the yield- seven percent of the allocations go out will state his inquiry. ing to Senator BOXER for 2 minutes and to entities in this country that have Mr. SPECTER. It is my under- Senator WARNER for 2 minutes, I will nothing whatsoever to do with emit- standing that I have 15 minutes at object to anything further. ting carbon. That is a huge unneces- Mr. KERRY. Regular order, Mr. 12:15, which I have been waiting for all sary transference of wealth. President. I would like to yield some time to morning. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- Senator DOMENICI. I answered the ques- pore. The time of the Senator from pore. Yes, following the Senator from tion, and I would love to debate the Tennessee, 31⁄2 minutes, has expired. Is Senator further on the floor. I know we Tennessee. there objection to the unanimous con- Mr. SPECTER. I thank the Chair. have the Senator from Pennsylvania. sent request? Mr. DOMENICI. Mr. President, I Mrs. BOXER. I wish to have 2 min- Mr. SPECTER. Mr. President, will want to say to everyone in the Senate, utes to do unanimous consent requests you restate the unanimous consent re- in all honesty, they ought to have a before my friend starts. I know Senator quest? WARNER wishes 2 minutes. The remain- Mr. DOMENICI. Parliamentary in- chance to hear the Senator from Ten- ing time would be between the Senator quiry: How did his time expire? nessee. If they haven’t, they ought to from Tennessee and the Senator from The ACTING PRESIDENT pro tem- read what he said because there is no Connecticut. pore. Through this conversation. question that I, as a rather informed Mr. SPECTER. Mr. President, I am Mr. DOMENICI. This conversation is Senator, had no idea what this bill does agreeable to defer my 15 minutes, automatically charged to him? until I listened to him and then looked which is scheduled to start at 12:15, for The ACTING PRESIDENT pro tem- at it. 2 minutes for Senators BOXER and WAR- pore. Yes, he had the floor. It is absolutely incredible that we are NER. I don’t understand what followed Mr. CORKER. Mr. President, if I thinking of a bill such as this to solve that. So I wish to proceed at that time could, I think what they have asked for climate change when, as a matter of with that. is 31⁄2 minutes plus 4 minutes, for 71⁄2 fact, it is going to be the biggest redis- Mrs. BOXER. Yes, that is exactly minutes. The Senator from Pennsyl- tribution of wealth we have ever adopt- what I said. vania, whom I admire and respect—I ed in this Senate, and we are not even The ACTING PRESIDENT pro tem- have sat here many times waiting for sure it will accomplish anything very pore. The Senator from Massachusetts. every Senator on this floor to speak. significant toward the reduction of car- Mr. KERRY. Mr. President, if I un- This is an important topic, and I hope bon dioxide as an impediment to cli- derstand, the Senator from Tennessee he will allow Senators on the other mate change. has some time left. I did rise to ask a side of the aisle to have a little discus- I cannot understand why we would be question. The Senator said he would be sion right now for 71⁄2 minutes, and doing this. One little piece is a com- happy to answer the question. then we will stop. mission of five men who will distribute The ACTING PRESIDENT pro tem- Mr. SPECTER. I will be glad to add allocations pursuant to this legisla- pore. Is there objection to the unani- to the 4 minutes 31⁄2 additional minutes tion, totally at their discretion, a tril- mous consent request? which Senator CORKER asked for on the lion dollars or more. Who on God’s Mr. DOMENICI. I object. condition that be the extent of it. Earth would think that is in this bill?

VerDate Aug 31 2005 02:28 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.023 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4917 But it is. I commend him. I hope he The ACTING PRESIDENT pro tem- talk about. Senator KERRY has agreed comes here two or three times and ex- pore. Is there objection? to wait until after lunch. That will be plains again in more detail what this Mr. INHOFE. Reserving the right to fine. bill does. object. The ACTING PRESIDENT pro tem- I am not against legislation for cli- Mr. WARNER. Reserving the right to pore. For the record, we have not dis- mate change, but I am convinced that object, I thought I had 2 minutes. posed of the unanimous consent re- we better do something for the Amer- Mrs. BOXER. The Senator does. quest. But if my mathematics is cor- ican people on bridging crude oil use, Mr. WARNER. Then at the appro- rect, that unanimous consent request crude oil development, putting some of priate time the Chair directs me, I will will take us up to 15 before 1. Is there the things we need in place for energy use the 2 minutes. objection to the unanimous consent re- before we put this legislation in place. Mr. KERRY. Mr. President, I simply quest by the Senator from Oklahoma? I think the American people will soon would like to ask we modify that re- Without objection, it is so ordered. understand that. quest because I was going to follow, The Senator from Virginia. Mr. CORKER. Mr. President, how but we have chewed up a lot of time Mr. WARNER. I thank the Presiding much time is left? now and we have our caucuses. I am Officer. Mr. President, I say to my good The ACTING PRESIDENT pro tem- happy to go after Senator INHOFE and friend, this has been an excellent de- pore. The Senator has 15 seconds. Senator BOXER, or I am happy to go be- bate he engendered on this floor. This Mr. CORKER. Let me just say, I hope fore, whatever they prefer, but I think is what we should have. This is the we have further debate. I respect peo- we ought to do it after the caucuses only way we are going to resolve this ple on both sides of the aisle. Surely, now at this point. I ask the Chair what issue of global warming. I urge the we can come up with a way to make her pleasure is. managers to consider building in a lit- sure our environment is appropriately Mrs. BOXER. If my colleague agrees. tle block of time after speakers, such dealt with and that we have energy se- The ACTING PRESIDENT pro tem- as there can be some colloquy taking curity—— pore. The Senator from Oklahoma. place rather than just one speaker, an- The ACTING PRESIDENT pro tem- Mr. INHOFE. Mr. President, the un- other speaker, reading a speech or de- pore. Time has expired. derstanding was that Senator SPECTER Mr. CORKER.—and not cause this to livering a speech. This is what it is all would be next for 15 minutes, and after be a burden on Americans as it is by about. that, the Senator from Massachusetts. prespending trillions of dollars. Mr. President, I say to my good The ACTING PRESIDENT pro tem- If it is the Senator’s preference to wait friend, he and I have worked on this pore. Time has expired. The Senator until afterwards, I have no objection to issue over a period of about 2 or 3 from California. that. months. I have worked on it for 8 Mrs. BOXER. Mr. President, we all Mrs. BOXER. And Senator WARNER months. I don’t claim any special cred- respect each other, but I have to say, I has 2 minutes. it. But if the Senator feels so badly don’t think my friend from Tennessee The ACTING PRESIDENT pro tem- about this bill, why haven’t he and oth- understands this bill at all. All I can pore. Is there an objection to the re- ers brought to the floor a companion say is, he couldn’t understand it be- quest as modified? bill to replace this and to solve the cause the biggest piece of this bill, OK, Mr. SPECTER. Mr. President, what problems he has? It is one thing to is funds for the American people, a big is the pending unanimous consent re- come in here and hail damnation on tax cut. If my friend opposes a tax cut, quest? what we have done by means of putting he ought to say it. It is a huge tax cut The ACTING PRESIDENT pro tem- this bill together, but if it is going to for the American people to help them pore. To allow the Senator from Cali- be a constructive process, show us— deal with the increases in gas prices. fornia and the Senator from Oklahoma Mr. INHOFE. Will the Senator yield? Right now, under this President, we to each have 30 minutes after we come Mr. WARNER. Let me finish the have seen a 250-percent increase in the back from the recess. statement, and I will yield the floor—a cost of a gallon of gas, just in 7 years. Mrs. BOXER. Followed by Senator comprehensive bill that will work to We have no resources. This bill gives us KERRY. the satisfaction of a majority of the the resources. It gives us consumer re- The ACTING PRESIDENT pro tem- people here. For example, you talk lief. pore. To be followed by the Senator about this board, seven men. Let’s say My friend from Tennessee used very from Massachusetts. Is there objec- there might be a woman or two on it. harsh words, in my opinion, to attack a tion? Mr. CORKER. I didn’t say ‘‘men.’’ I bill that really does address the issue Mr. INHOFE. I object. said five people. of global warming, addresses the issue Mrs. BOXER. I thought you said it Mr. WARNER. The point is, if we of energy independence. And for him to was OK. look at section 435 of the bill, it says call it command and control is rather a Mr. INHOFE. Let’s just try a new that chart the Senator has up there has joke since we specifically rejected a one. I ask unanimous consent that the to be approved by the Congress. carbon tax and we allowed the free Senator from Virginia be recognized Mr. CORKER. It can only be vetoed. market to set a price on carbon. for 3 minutes, followed by the Senator Mr. WARNER. Nevertheless, you As to Senator DOMENICI’s statement, from Pennsylvania for 15 minutes. omitted any reference to the fact that again, he says it will do nothing. Read Mr. SPECTER. That is this morning, Congress has a hand. If you look at the the modeling. We do what we have to now. amendment I have thrown in, the do in this country to exert the leader- Mr. INHOFE. All this takes place President of the United States, at any ship to decrease these greenhouse prior to the break for lunch. time he or she desires, can go in and gases, and we do it in a way that has Mr. REID. Mr. President, is there a change that. So it is not as if we have won the support of business, labor, and request that we go past 12:30? unleashed this bill in perpetuity. There huge numbers of people across this Mr. INHOFE. My unanimous consent are a number of checks and balances in country, including the U.S. Conference request, I say to the distinguished lead- this bill to protect the very issues that of Mayors and Republican and Demo- er, would postpone the 12:30 recess for the Senator states. cratic Governors. lunch for about 10 minutes. Mr. CORKER. Mr. President, if I may Mr. President, I ask unanimous con- Mr. REID. I will just say, I have no proceed, because my name has been sent that when we resume after lunch problem if the lunches don’t start until brought forth, for 60 seconds. that I be recognized to speak for up to 20 till 1, but anything other than that, The ACTING PRESIDENT pro tem- 30 minutes, followed by Senator INHOFE I respectfully have to say I hope people pore. The Senator from Tennessee. to speak for up to 30 minutes. can come after the Senate picture this Mr. CORKER. First of all, this bill, in Mr. INHOFE. Reserving the right to afternoon. I know comparing it to glob- black and white, prespends over $1 tril- object. al warming, it is not a very important lion with no congressional oversight. Mr. KERRY. Reserving the right to issue. Staff has worked some 6 weeks The Senator from Virginia is right on object, it is my understanding, there to set up this place to take the picture the one portion to which he was refer- was an order in place—— at 2:15. Both caucuses have a lot to ring. We can either veto it or approve

VerDate Aug 31 2005 00:32 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.024 S03JNPT1 jbell on PROD1PC69 with SENATE S4918 CONGRESSIONAL RECORD — SENATE June 3, 2008 it, but we have no say-so on how those nual requirement to submit emissions ployed that if someone says there is an technology moneys are spent. allowances. intent to have a filibuster, there is a I object to the comment about me Finally, there is a potential fifth motion to proceed for cloture on a fili- being a Johnny-come-lately. I have amendment, which I am not yet cer- buster, there is a 20-minute vote, and been very transparent about this legis- tain about, and that would involve the when cloture is not invoked, the mat- lation. I have authored three very de- pathway to the future for coal amend- ter is eliminated. tailed amendments, sent them to every ment. Recently, we had a very serious piece colleague in this Senate, and have The statement was made earlier in of legislation coming to the floor given the background to them. I have the past half hour about Senators not which sought to change a ruling of the been totally transparent throughout understanding this bill. I think that is Supreme Court of the United States on this process. I have made public presen- a real problem. This is an extraor- the rights of women to obtain relief, tations about the three amendments dinarily complex bill. We have had the where the Supreme Court had imposed that I think would make this bill far Warner-Lieberman bill, then we have a 6-month statute of limitations in a better—things that people call poison had the Boxer bill, a second bill, and situation where the woman who sought pills. I think the Senator knows I cer- now I understand there is going to be a relief didn’t even know she had a cause tainly have not come to this debate at third substitute. So as we are working of action within the 6 months. Well, a late time, and I plan to offer those through the amendments which I have that matter came and went so fast on amendments. articulated, it is a difficult matter, the Senate floor that nobody knew The ACTING PRESIDENT pro tem- with the topography changing and with what it was about. Had the proponents pore. Time has expired. the underlying bill changing, and it is of that legislation debated it, brought Mr. WARNER. Mr. President, I agree my hope this bill will remain on the it to public attention, and had the op- with what the Senator has said. floor with procedures to give Senators ponents of the legislation, who wanted The ACTING PRESIDENT pro tem- sufficient time to take up the very im- to filibuster it, engaged in extended de- pore. Time has expired. portant matters which are at hand. bate, the public would have understood The Senator from Pennsylvania. The first and most fundamental one what was going on. Mr. SPECTER. I thank the Chair. It is to have enough debate so that there So the matter of having adequate has been a little tough getting these 15 is an understanding of the bill. I agree time to debate this very complex legis- minutes, but I am glad to have them. with my distinguished colleague from lation is very important. And if there Mr. WARNER. The Senator showed Virginia, Senator WARNER, who a few is to be any possibility of finding 60 courtesy in getting them. moments ago asked for time so there Senators to coalesce around a cloture Mr. SPECTER. Mr. President, I could be debate and an exchange. Too petition, 60 Senators to agree on legis- sought recognition to discuss a number often speeches are made on this floor lation, Senators are going to have to of amendments which I will be pro- without an opportunity for debate and have an opportunity to offer their posing to offer. I intend to offer an questioning and cross-questioning to amendments. There is great therapy in amendment on emission caps because get to the very important matters. being able to offer an amendment, even of my concern that the emission caps There has been some speculation that if it is not accepted. But we can hardly which are set in the Lieberman-Warner the procedure that will be employed by engage in a practice of filling the tree, bill cannot be obtained. the majority leader—so-called filling where Senators are not permitted to I believe the problem of global warm- the tree—would preclude further offer amendments, and expect to have ing is a major problem and we ought to amendments. I hope that will not be this bill move forward, people under- deal with it, but I think we have to done here. Regrettably, it has become a stand it, and find 60 Senators who are deal with it within the realistic bounds commonplace practice, going back willing to come together on the very as to what the technology would per- with Republican majority leaders and important piece of legislation which is mit, and it is going to be very difficult Democratic majority leaders, so that at hand. to get 60 votes to oppose cloture, and if the filling of the tree has made a very Mr. President, I ask unanimous con- a legislative proposal is on the floor fundamental change in Senate proce- sent that there be included in the which is unattainable, we are going to dure, which traditionally has been that RECORD at this time a summary of the end up getting nothing. So it is my in- a Senator could offer an amendment on sheet of the five potential amendments tention to take the emission caps from any subject at any time and get a vote. I intend to offer, and an explanation of the Bingaman-Specter bill and offer When the tree is filled, obviously the amendment on the cost-contain- them as an amendment to the matters cannot be debated and efforts ment safety valve, an explanation on Lieberman-Warner bill. for cloture cannot move forward. This the amendment on international com- I intend to offer a second amend- is a matter which has awaited a fair petition, an explanation on the amend- ment—a cost-containment safety-valve amount of time. It is complex. And if ment on process gas emissions, and the amendment. This amendment will in- Senators are not able to offer amend- single sheet which explains the pro- clude the so-called technology accel- ments, such as the amendments which posal on a possible pathway to the fu- erator mechanism which has been in- I am proposing to offer, there is no way ture for the expanded use of coal cluded in the Bingaman-Specter bill, to find out what the merits of the bill amendment. and will provide a very important safe- are and what the merits of the amend- There being no objection, the mate- guard on the legislation. ments are. rial was ordered to be printed in the I intend to offer a third amendment On the subject of filling the tree, I RECORD, as follows: on international competitiveness. It is have had for months now an amend- POTENTIAL SPECTER AMENDMENTS vital that we not structure legislation ment on a rules change filed with the Emissions Caps/Targets Amendment.—Sub- which will put United States industry rules committee which would alter the stitute the Bingaman-Specter (S. 1766) emis- at a substantial disadvantage. On Feb- authority of the majority leader to em- sions limits in place of the Lieberman-War- ner limits. ruary 14, I testified before the Senate ploy the so-called procedure of filling Finance Committee on this subject, the tree. Lieberman-Warner Bingaman-Specter noting that China wishes to have 30 Another concern which is related has 2012—cap at 2005 level ..... 2012—cap at 2012 level. years, and by that time there will be been the shift in the practice of the 2020—15% below 2005 2020—cap at 2006 level. no steel industry. So there have to be Senate on the filibusters. There had (1990 levels). 2030—30% below 2005 ...... 2030—cap at 1990 level. restrictions on steel illustratively been a tradition in the Senate that 2050—70% below 2005 ...... 2050—≥60% below 2006 contingent on coming in the United States, and this when somebody offered a bill, and there international effort. amendment on international competi- was opposition and the opposition in- Cost-Containment Safety-Valve Amend- tiveness will deal with that subject. tended to conduct a filibuster—that is ment.—Include the so-called ‘‘safety valve’’ I intend further to offer an amend- to deny a vote unless 60 votes were ob- or Technology Accelerator Mechanism that ment captioned ‘‘Process Gas Emis- tained to cut off debate—that there was included in the Bingaman-Specter bill; sions,’’ because there is no techno- would be that kind of debate. Most re- that provision states that if the price for an logical alternative to a company’s an- cently, we have seen the practice em- allowance for each ton of greenhouse gas

VerDate Aug 31 2005 02:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.025 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4919 (Carbon Dioxide equivalent) being traded on cost of domestic action on the problem will provisions may still require changes to en- the open market reaches a certain level, not be high. sure their effectiveness; specifically, I am then regulated entities have the option of However, if costs are above what Congress considering offering an amendment to: Ad- purchasing additional allowances directly determines in unacceptable, there must be dress the standard used to determine if our from the government at a set price; specifi- an adequate mechanism to keep the program trading partners are taking ‘‘comparable ac- cally, we set the price at $12 per ton, rising in line with what the U.S. economy can han- tion’’; restrict an Administration’s ability to 5% over inflation annually. dle; I intend to offer an amendment to in- simply waive requirements on importers; International Competitiveness Amend- clude the so-called ‘‘safety valve’’ or Tech- bring the compliance date in line with the ment.—Address the standard used to deter- nology Accelerator Mechanism that was in- start of the program (ie. 2012, rather than mine if our trading partners are taking cluded in the Bingaman-Specter bill; that 2014 in the new version—changed from 2020 in ‘‘comparable action’’; restrict an Adminis- provision states that if the price for an al- the original); revise provisions added for tration’s ability to simply waive require- lowance for each ton of greenhouse gas (Car- ‘‘downstream’’ products that may ironically ments on importers; bring the compliance bon Dioxide equivalent) being traded on the result in exempting the ‘‘upstream’’ inputs date in line with the start of the program open market reaches a certain level, then like steel; include all countries, not just (i.e. 2012, rather than 2014 in the new regulated entities have the option of pur- large emitters; and equalize the ability of version—changed from 2020 in the original); chasing additional allowances directly from U.S. and foreign entities to purchase inter- revise provisions added for ‘‘downstream’’ the government at a set price; specifically, national allowances to meet the require- products that may ironically result in ex- we set the price at $12 per ton, rising 5% over ments. empting the ‘‘upstream’’ inputs like steel; inflation annually; this protects the econ- PROCESS GAS EMISSIONS AMENDMENT include all countries, not just large emitters; omy, while still sending the necessary price It is my understanding that some emis- and equalize the ability of U.S. and foreign signal to industry that there is an escalating sions resulting from production of energy-in- entities to purchase international allow- price to carbon that must be factored in in- tensive manufacturers like steel and cement ances to meet the requirements. vestment decisions; I am open to a debate would be exempted because there is no fea- Process Gas Emissions Amendment.—Clar- about the appropriate level at which to set sible technological alternative; ify that process gases for which there is no such a safety-valve; For example, the use of carbon is irreplace- technological alternative will not be counted Unfortunately, opponents of this provision able to the processes and the metallurgical in a company’s annual requirement to sub- have flatly attacked it without addressing reactions necessary to produce virgin steel. mit emissions allowances. the question of what an appropriate price Carbon, in the form of coal or coke, is used Pathway to the Future for Coal Amend- trigger would be; I was very glad to hear as a reducing agent to strip oxygen mol- ment.—Potentially including provisions: Chairman Boxer state on the Senate floor ecules from iron ore, producing iron, the Providing technology funding and incen- yesterday thanking Senator Bingaman and basic building block of steel, and carbon di- tives; adding a carbon dioxide storage liabil- me for our proposal on this subject. She de- oxide. Without carbon there can be no steel. ity framework; adding a safety-valve; align- scribed it as ‘‘what I thought was a very im- Without this exemption, given current ing emissions caps/targets with technology; portant off ramp. The one thing I didn’t technology, the only way to substantially re- improving allocations; addressing duplica- agree with them on is the price they picked duce emissions in the integrated steel indus- tive State programs; and other issues. for the price of carbon.’’ try is to reduce production and employment. EMISSIONS CAPS/TARGETS AMENDMENT I hope this is an indication that we can fi- Cooperative efforts are underway between the steel industry and the U.S. Department As I stated yesterday, I have serious con- nally have a legitimate debate about this of Energy to find technologies to produce cerns about the stringency of the emissions important protection for the U.S. economy steel with far less carbon emissions, but they reductions in the Lieberman-Warner ‘‘Cli- and consumers. While Senator Boxer inserted a new ‘‘cost are far from commercial viability. mate Security Act.’’ There is great concern I intend to offer an amendment to clarify containment auction,’’ I believe the new cost in the industrial, electric, and general busi- that process gases for which there is no tech- containment provisions require extensive re- ness sectors that these emissions levels are nological alternative will not be counted in view and a true safety-valve should be added. unattainable without serious demand de- a company’s annual requirement to submit Senator Warner provided leadership in add- struction in the form of lost jobs and produc- emissions allowances. tion in the U.S. that would result from high- ing provisions to empower the President to This exemption will only impact a very er cost. alter the program, but I fear this still pro- small percentage of U.S. emissions, but will If we do not set the emissions caps at a vides too much discretion and would poten- protect an essential industry that will play a reasonable level, the supply and demand sit- tially be used after adverse effects have al- major role in the energy sector expansion uation set up under a cap-and-trade program ready happened. that would result upon passage of this bill or will impose high costs by definition. I intend INTERNATIONAL COMPETITIVENESS AMENDMENT even in its absence given rising energy de- to propose an amendment to substitute the Senator Bingaman and I included key mand. Bingaman-Specter (S. 1766) emissions limits international provisions in our bill. These PATHWAY TO THE FUTURE FOR COAL in place of the Lieberman-Warner limits. provisions were based on a proposal from AMENDMENT This will more closely align technology de- American Electric Power (AEP) and the I am considering offering an amendment to velopment with the emissions reduction tar- International Brotherhood of Electrical address the serious shortcomings in the gets. Workers (IBEW). Lieberman-Warner bill in terms of providing In my view, the most important thing our Senators Lieberman and Warner included nation can do is start a mandatory climate a pathway to the future for coal; our provisions in their legislation as well; I am concerned that the bill does not pro- change reduction program as soon as pos- The purpose of these provisions is to ensure vide sufficient funding or incentives for car- sible. If we wait until there is consensus that greenhouse gas emissions occurring out- bon capture and storage (CCS) and advanced among important stakeholders from both side the U.S. do not undermine our efforts to coal technologies; It is my understanding sides of the equation, we will lose another address global climate change and we further that the Boxer substitute replaces the origi- year or two or three that we frankly do not want to encourage effective international ac- nal Lieberman-Warner advanced coal re- have. tion. search program with a ‘‘kick-start program’’ Emissions targets/caps As first introduced, if eight years after the that dramatically cuts carbon capture and Bingaman-Specter 2012—cap at 2005 level. enactment of the U.S. program, it is deter- storage technology funding. According to the 2012—cap at 2012 level 2020—15% below 2005 mined that a given major emitting nation National Mining Association, the substitute (1990 levels). has not taken comparable action, the Presi- provides 85% less funding through 2030 for 2020—cap at 2006 level 2030—30% below 2005. dent at that time is authorized to require advanced coal and sequestration develop- 2030—cap at 1990 level 2050—70% below 2005. that importers of greenhouse-gas-intensive ment, and eliminates all funding for carbon 2050—60 percent below 2006 contingent on manufactured products (iron, steel, alu- storage demonstration projects. international effort. minum, cement, glass, or paper) from that Without adequate funding for these prior- COST-CONTAINMENT SAFETY-VALVE AMENDMENT nation submit emissions credits of a value ities, the result is likely to be severe reduc- Senator Bingaman and I worked very hard equivalent to that of the credits that the tions in U.S. coal use—America’s most abun- to find the right balance between starting U.S. system effectively requires of domestic dant energy resource. the U.S. on an emissions reduction path, but manufacturers. Further, the substitute dramatically re- protecting the economy; I testified before the Senate Finance Com- duces the number and rate of bonus allow- We are talking about taking unilateral ac- mittee on February 14th of this year on these ances for CCS deployment from the previous tion on a global problem reducing concentra- provisions. It is my view that since the pro- Lieberman-Warner bill. The Bingaman-Spec- tions of greenhouse gases in the atmosphere; visions treat imports the same as domestic ter bill was the first to create this incentive we cannot solve this problem alone and until products, I believe they are compliant with for early deployment of carbon capture and a comprehensive international agreement is GATT and would survive a WTO challenge. storage technologies. I am told the sub- in place, the U.S. remains at risk of competi- Now, I understand that modifications of this stitute reduces CCS bonus allowances 19 per- tive disadvantages. proposal are found in the Boxer substitute. cent through 2030 compared to levels in If some proponents of climate change legis- As my staff and various industries review Lieberman-Warner which were already insuf- lation are correct in their predictions, the the language, there remain concerns that the ficient.

VerDate Aug 31 2005 02:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.008 S03JNPT1 jbell on PROD1PC69 with SENATE S4920 CONGRESSIONAL RECORD — SENATE June 3, 2008 Broadly, the Boxer substitute fails to har- RECESS to block it. If you are a person who has monize the timeline for emission reductions The ACTING PRESIDENT pro tem- had your identity stolen, if you have with the availability of commercially de- had your computer hacked, and some- ployed technologies necessary to reduce pore. Under the previous order, the emissions. Senate will stand in recess until after body has gone into your bank account I look forward to working with my col- the official Senate photograph. or somebody has ruined the chances of leagues and the coal industry to find the Thereupon, at 12:43 p.m., the Senate your children getting into a college, all right balance between imposing a mandatory recessed until (2:31 p.m.), and reassem- from identity theft, you would be rush- cap on carbon emissions while ensuring the bled when called to order by the Pre- ing down here to vote for this bill. I future of coal. hope my friends on the other side of Some issues we need to consider are: Pro- siding Officer (Mr. CARPER). viding technology funding and incentives; Mr. SALAZAR. I suggest the absence the aisle, Republican Senators, will Adding a carbon dioxide storage liability of a quorum. stop objecting. I hope we can pass this framework; adding a safety-valve; aligning The PRESIDING OFFICER. The legislation. emissions caps/targets with technology; im- clerk will call the roll. f proving allocations; address duplicative State programs; and others. The assistant legislative clerk pro- CLIMATE SECURITY ACT OF 2008— ceeded to call the roll. Mr. SPECTER. I thank the Chair, MOTION TO PROCEED—Continued and I yield the floor. f The PRESIDING OFFICER. The ma- The ACTING PRESIDENT pro tem- UNANIMOUS-CONSENT REQUEST— jority leader. pore. The Senator from California. S. 239 Mr. REID. Mr. President, is it appro- Mrs. BOXER. Mr. President, I say priate at this time to yield some of my that my friend from Pennsylvania has Mrs. FEINSTEIN. Mr. President, in a time? I have an hour postcloture; is it been a great leader on this, and I am moment I wish to make a motion, but appropriate now to yield that to some- ready right now, as is Senator WARNER, I would like to say as a prelude, for 6 one? as is Senator LIEBERMAN, to start de- years I have worked on legislation to The PRESIDING OFFICER. It is. bating amendments. Unfortunately, provide for notification in the event of Mr. REID. I yield 1⁄2 hour to the Sen- the Republican leadership has said we a data breach. During that period of ator from California, Mrs. BOXER. need to run out 30 hours, so we are not time, 43 States have passed their own The PRESIDING OFFICER. The Sen- going to be able to begin the amend- legislation. We would not know of data ator from California. ment process. But it runs out tonight breaches if it were not particularly for Mrs. BOXER. Mr. President, to re- and, hopefully, first thing in the morn- the State of California which has put mind the first few speakers, what we ing we will start with the amendment forward action on several of them. have is BOXER for 20 minutes, and I process. The bill went to the Judiciary Com- plan to yield 5 of those minutes to Sen- Mr. President, I have a unanimous mittee. It has been heard in the Judici- ator DURBIN, then a rebuttal by Sen- consent request, signed off on by Sen- ary Committee. With the cooperation ator INHOFE or his designee, then Sen- ator INHOFE and myself, and I ask and support of the chairman of that ator INHOFE for 30 minutes, then a re- unanimous consent that the order of committee, Senator LEAHY, the bill has buttal by our side, then Senator KERRY speakers for this afternoon’s debate on come out unanimously and has been for 30 minutes. the motion to proceed to the climate pending before this body. There are I have found this debate so far to be bill be as follows: BOXER, 20 minutes; holds on the bill. very interesting and very heartfelt. INHOFE, 30 minutes; KERRY, 20 minutes; I ask unanimous consent that the What I would like to do before I yield BARRASSO, 15 minutes; WHITEHOUSE, 15 Senate proceed to the immediate con- a few minutes of my time to Senator minutes; GRASSLEY, 15 minutes; CASEY, sideration of Calendar No. 180, S. 239, DURBIN is kind of take it to where it 15 minutes; ENZI, 20 minutes; CARPER, data breach modifications; that the has gone thus far. So far we have had a 30 minutes; ALEXANDER, 20 minutes; committee-reported amendment be vote to proceed to this matter, a very WARNER, 20 minutes; BOND, 20 minutes; considered and agreed to, the bill, as strong vote to do that, 74 votes yes. LIEBERMAN, 30 minutes; VITTER, 15 min- amended, be read a third time, passed, That is good. utes; NELSON of Florida, 15 minutes; and the motion to reconsider be laid on What isn’t so great is, we are kind of and CRAIG, 15 minutes. the table, without further intervening being slow-walked by the Republican Further, I ask unanimous consent action or debate. leadership in such a way that we can’t that following each speaker, the bill The PRESIDING OFFICER. Is there start the amendment process which, as manager or their designee from the op- objection? we all know, is crucial on a bill of this posite side of the previous speaker have Mr. SESSIONS. Mr. President, re- nature. So that is disappointing. up to 5 minutes for a rebuttal state- serving the right to object—and I will I think the debate has been very in- ment prior to the next speaker listed object—I value the interest and effort teresting, and I would like to relate above being recognized. Senator FEINSTEIN has put into this where I think it is at this point. The ACTING PRESIDENT pro tem- bill. I have also worked on this issue Those of us who believe the Boxer- pore. Is there objection? for some time. Last year, I think my Lieberman-Warner proposal makes Mr. GREGG. Reserving the right to bill cleared the committee by unani- sense believe it is time to change the object. mous consent, and this year her bill is status quo as it relates to our energy The ACTING PRESIDENT pro tem- out on the floor. There are some dif- policy in this country. What we have pore. The Senator from New Hamp- ferences. I commit to Senator FEIN- now with our dependence on fossil fuels shire. Mr. GREGG. If the Senator would add STEIN, post my objection today, that is an energy policy which is now get- me for 15 minutes on that list, I would we will try to work together to see if ting very costly because of increased appreciate it. we can reach accord. There are some demand in the world, because of specu- Mrs. BOXER. Happy to do that. And, differences that are significant and lation, because of a lot of reasons, and Senator, I will add a Democrat before some I am sure we can work out. So we it is also polluting the planet to the you, and you will be the next Repub- will just have to give a good-faith ef- point where we see the global warming lican after Senator CRAIG, for 15 min- fort at it. impacts already starting. utes. I object. My colleague, Senator FEINSTEIN, Mr. GREGG. Thank you. I appreciate The PRESIDING OFFICER. Objec- was brilliant today, both at a press it. tion is heard. conference and on the floor, in talking Mr. KERRY. Mr. President, I ask The Senator from Vermont. about what is already happening in the that my 20 minutes be made 30, for my Mr. LEAHY. Mr. President, if I could West with our snow pack, with lakes purposes. respond to something the Senator from that are disappearing, with the prob- Mrs. BOXER. That is fine. California said, I commend Senator lems we are having. We know, if we lis- The ACTING PRESIDENT pro tem- FEINSTEIN for her efforts. She has ten to the scientists—and the sci- pore. Without objection, it is so or- worked very hard on this privacy mat- entists are in agreement, and I am glad dered. ter. I realize there are some who want that my colleagues on the other side

VerDate Aug 31 2005 04:31 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.011 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4921 are not debating whether global warm- that, with Senator FEINSTEIN, Senator This bill drives us forward in a posi- ing is happening; they have, it seems to INOUYE, and Senator KERRY, those of us tive way to deal with the needs of our me, accepted that fact—that we have a on the Commerce Committee. That economy and to keep the costs of en- choice. Either we continue what we are will be offset. The truth is, the stark ergy within the grasp of families and doing today with the same kind of en- truth is, you pass this bill, we are businesses and farmers. ergy sources we have, with the buildup going to see a reduction in gas prices. Secondly, the bill focuses on creating of greenhouse gas emissions and carbon We are going to have alternatives, and new jobs, the jobs of our future. In this pollution or we move forward and say: we are going to see jobs created. We are country and in the world will be jobs How can we tackle this issue in a way going to see new companies starting. that really look to the environment as that saves the planet, saves the spe- We are going to see the genius of Amer- a major element in costing out things. cies? ica take hold if only we have the cour- It is no longer just the cost of bringing By the way, 40 percent of God’s crea- age—not to come on this floor and a ton of steel halfway around the world tures may be extinct if we don’t act. make a bogus argument about an issue from China. It is also the carbon cost How are we going to do this in such a they did nothing about, but if we have of transporting that steel that has to way that our grandchildren and their a real debate on what this bill means. be taken into consideration. That is a children don’t face a disastrous situa- So at this time, I reserve the remain- very real cost. tion where the planet becomes inhos- der of my time. When we start thinking in terms of pitable. We have the numbers, how Mr. President, how much time do I fuel efficiency, the United States can many thousands more people will die of have? use the same kind of entrepreneurial heat stroke. We have the numbers, and The PRESIDING OFFICER. Thirteen spirit and innovative spirit that has the numbers come from the Bush ad- minutes. been such a successful engine to our ministration. So how do we do this in a Mrs. BOXER. Mr. President, I yield 5 economy in the years gone by, whether way that saves the planet, cuts down minutes of those 13 minutes to the Sen- it has been the Silicon Valley or med- on pollution and, by the way, gives us ator from Illinois. ical technology. The United States can alternatives to energy we now have The PRESIDING OFFICER. The Sen- lead again because we have the econ- which, in the long run, will be cheaper, ator from Illinois is recognized for 5 omy and the talent to get in the front more reliable, and make us completely minutes. of this parade and to stay there when it energy independent? Mr. DURBIN. Mr. President, first, I comes to job and business creation. I believe what our bill does is achieve extend my gratitude to Senator BOXER It is also a question of public health. those goals. We fight global warming. for her extraordinary leadership on We know global warming is going to At the same time, we bring about an this issue, a bipartisan issue, with Sen- create an environment where many economic renaissance from invest- ator LIEBERMAN, Senator WARNER, and will suffer; pulmonary disease, such as ments in new technologies that will so many others on both sides of the asthma, cancers, such as melanoma, make us energy independent. To me, it aisle. are going to increase if we do not get is a pretty stark choice. Either you are In the history of our country and of serious about this issue. I think we un- for the status quo and you are going to this great institution, the Senate, derstand that. For the good of our chil- find an excuse not to be for this bill or there have been many occasions when dren and grandchildren, and for our de- you are going to take a look at this Senators have come to the floor and sire to make sure they have better and bill, which is a tripartisan bill—a Dem- spoken of threats to the security of the longer lives than ourselves, this bill is ocrat, an independent, a Republican United States of America. Those extremely important. bringing it to the Senate—reflective of threats usually came in the form of Finally, this whole issue of global America, reflective of the span of our dictators or ideologies such as com- warming is an issue that really ad- views in this Nation. munism and fascism, and we mobilized dresses stability in our world. It is no The one thing I hear—again, it must American opinion behind fighting surprise that some of the tinder be out of some talking point somebody those threats. We asked great sac- boxes—and I do not mean any pun by wrote over there on the other side—is rifices from our people to come forward gas prices. Don’t do this bill because of that—some of the tinder boxes in the to make sure future generations would world today are countries in desperate gas prices. enjoy the freedoms and opportunities I am going to show you what has hap- straits trying to find water for their we enjoy today, which many take for pened to gas prices without this bill. I people. It is a huge issue in the Middle granted. want you to look at this. This is what East. It is also an issue in Africa. When The debate today is about another has happened under George Bush’s that issue has become its most ex- threat, a very real threat, to the future watch. We have seen gas prices go all treme, we find genocide in Darfur, we not only of the United States but to all the way up to $3.94 from $1.50, and that, find turmoil in other parts of the world the countries in the world. It is a com- in 71⁄2 years, is a 250-percent increase. and instability. Coming to grips with That is what our people are upset mon threat. This bill is about reducing global warming, stabilizing our global about. carbon pollution that causes global climate, is a way for us to try to bring My colleagues on the other side know warming. It uses free market incen- some peace and stability to this world. this. They have done nothing about tives to protect American jobs and cre- When you think about the param- this. I am going to ask my assistant ates international sanctions for those eters of this debate, could you think of majority leader to talk about this. How countries that do not participate. It is anything more serious? How can we many times we have begged them, do a tried and true approach. We have face our children and grandchildren if something about big oil. Return the used this very same approach, as this we do not honestly debate this issue, if money to the people. Investigate what bill suggests, to successfully reduce we do not step up and say: On our is happening with speculation. No, they acid rain. So we know it works. We watch, at our time, our generation did won’t do anything. But what they are know how compelling it is for us to the right thing? saying is, and what the Bush adminis- move on it, and move on it quickly. We cannot undo what has been done tration is saying is, if you pass this Delay on this subject will mean even in the past, generations gone by, cen- bill, this Climate Security Act, gas greater sacrifices in the future. In fact, turies in the past. But we are respon- prices are going to go up. it may reach a point where it is not sible for now and for the future. Folks, they are going to go down. even feasible to address the issue. This is our chance to move forward. I Worst case scenario that the President We are all concerned about the cost beg my colleagues, even if you find dif- picked up, they will go up 2 cents a of fuel, whether it is gasoline or diesel ferences and difficulties with the bill, year. That is the worst case scenario. fuel or heating oil or jet fuel. The stark let’s work together. But that is going to be offset by the reality is, this bill will bring us to a Senator WARNER, I am glad you are fuel economy bill that the President new attitude and a new approach: more here. We would not be here without himself signed. fuel efficiency, driving the same miles you, and that is a fact. You have shown I am looking at Senator CARPER, the using less fuel, with less carbon pollu- a bipartisan spirit to address this issue, Presiding Officer. He worked hard on tion, and fewer emissions. and you have taken a little bit of grief

VerDate Aug 31 2005 02:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.030 S03JNPT1 jbell on PROD1PC69 with SENATE S4922 CONGRESSIONAL RECORD — SENATE June 3, 2008 from your side of the aisle. Well, trust conferences with them. The way they President, 500,000 new jobs were cre- me, many of us appreciate your leader- look at the world is this: It is God’s ated. ship on this issue, and it will be long creation that is at stake, and they feel The Apollo Alliance here at home remembered. very moved and very bound to respond. said we are going to see thousands and In that spirit—Senator WARNER, Sen- It is rare you see this kind of coalition thousands of new jobs created. We have ator LIEBERMAN, Senator BOXER, and coming forward. But they look at God’s a study of the impacts of California’s others—we need to say to future gen- creatures, and they say: We have a re- global warming law: 89,000 new jobs erations: We can come together, both sponsibility. They look at human projected. I can tell you right now, we parties, and take on this challenge suc- beings all over the world who will suf- are in a tough time in California be- cessfully. fer mightily if we do not get a grip on I yield the floor. cause of the housing crisis, OK. A lot of this global warming because we know, folks being laid off are going to work The PRESIDING OFFICER. The Sen- with rising sea levels, we will have ref- ator from Virginia. for the 450 new solar companies that Mr. WARNER. Mr. President, I thank ugees who will be stranded. We know in have sprung up in California. my colleague for his comments. But a our own country we will have thou- sands die of heat strokes. We will have If you look at the top manufacturing short time ago there was a colloquy on States for solar, it is Ohio, Michigan, the floor, and someone said they many thousands die from vectors and problems of new kinds of amoebas and California, Tennessee, and Massachu- felt—— setts. So these jobs are going all over Mrs. BOXER. I did. so on that will now be present in the Mr. WARNER. There was a slow roll. warmer waters. America. I immediately went back to consult We had an incident, and I believe it Look at all of labor supporting our with my leadership, and that is not the was at Lake Havasu, where we had bill. It is remarkable: the Operating case. The reason for not going to some little child who went swimming Engineers, the Building and Construc- amendments today seems to me to be a and got a brain infection, who got that tion Trades, the International Brother- valid one; that is, a number of Senators because the waters are getting warmer. hood of Electrical Workers. They un- wish to speak. The list is up to 18 now, So this is not theoretical. It is real. derstand we will be building a new in- and they want to speak in such a way Here, as shown in this picture, is a frastructure for our new energy which that is not feasible if we are in an beautiful creature, the polar bear and is going to result in lower energy amending posture. people say: Oh, is this all about saving prices. So I thank the distinguished chair- the polar bear? It is about saving us. It Our local governments support ac- man on this matter because I do be- is about saving our future. It is about tion—the Conference of Mayors; the lieve we have made some progress saving the life on planet Earth. And, National Association of Clean Air today. We have had good, constructive yes, it is about saving God’s creatures. Agencies; the Climate Communities, speeches. Senator CORKER spoke, Sen- I remember sitting just a few feet which is a coalition of cities, towns, ator ISAKSON spoke on this side, and away, at our hearings, from the sci- counties, and other communities. colleagues on your side. I think Sen- entists who said 40 to 50 percent of ator KERRY was about to speak. God’s species could be extinct if we do Not only will we see lower gas prices Mrs. BOXER. He is going to speak. not act. Now, that is not something we as a result of this legislation, but we Mr. WARNER. So I think, Mr. Chair- can turn away from, at least in my are going to see amazing job growth. It man, we are making some good, solid opinion. Here is this magnificent crea- occurred in Germany, just as it oc- progress in the Senate and can right- ture in peril because of the dis- curred in Great Britain. fully take pride in what we have done appearing ice. Here we see this group that came to- thus far. Would you agree with me? I also think we have to remind our- Mrs. BOXER. Yes, I do. selves that global warming is a na- gether to support us saying: ‘‘Prompt Mr. President, I wonder how much tional security issue. I know when Sen- action on climate change is essential to protect America’s economy, secu- time I have left of my time? ator WARNER became involved in it, it The PRESIDING OFFICER. Seven was in great part because of this. A re- rity, quality of life and natural envi- minutes. port conducted by the Center for Naval ronment.’’ I want to reiterate this. You Mrs. BOXER. OK. Senator WARNER is Analysis found that the United States are going to hear predictions of gloom speaking on my time, then? Which is could more frequently be drawn into and doom. fine. Mr. President, I ask unanimous con- Mr. WARNER. Mr. President, I have situations of conflict to ‘‘provide sta- nothing further to say. bility before conditions worsen and are sent for 20 more seconds to close. Mrs. BOXER. No, it is fine. I say to exploited by extremists. . . . The U.S. The PRESIDING OFFICER. Without Senator WARNER, I believed we were will find itself in a world where Europe objection, it is so ordered. will be struggling internally, with slow-walking it only because we are so Mrs. BOXER. You are going to hear large numbers of refugees washing up anxious to get to the amendments. But predictions of doom and gloom. But do on its shores, and Asia in serious crisis I hear what you are saying—if this is you know what? Either these folks over food and water. Disruptions and real. We are going to have some good have not read the bill or they are read- conflict will be endemic features of debate today. This is the list of Sen- ing off talking points that were made life.’’ ators on both sides. This is good. to start a political fight. We should Mr. WARNER. Mr. President, that Look, this is not a quote from Sen- ator BOXER or Senator KERRY or Sen- come together across party lines. We would not be possible if we were in an should pass this bill. amendment posture. We could not get ator LIEBERMAN or Senator WARNER, all those Senators in. who care about this bill. This is a I look forward to hearing from the Mrs. BOXER. Well, let me say, I wel- quote from the Center for Naval Anal- rest of my colleagues. come everyone to the floor. ysis. This is very serious. This is, Im- Before I yield the floor, I ask the Pre- Let me conclude my little part today plications for U.S. National Security, siding Officer, since we do not have at this time by saying we have seen the commissioned by the Department of anyone to rebut us, is it possible to go faith communities come out very Defense in October 2003. Here we are in to Senator KERRY at this time? Would strongly for the Boxer-Lieberman-War- 2008, and we have a long way to go to that be possible? I ask unanimous con- ner bill—the Evangelical Environ- get this bill done. sent that we go to Senator KERRY, mental Network, the Evangelical Cli- So I would say in my remaining few since we do not have the other side mate Initiative, the U.S. Conference of minutes that you are going to hear here. Or, actually, I ask unanimous Catholic Bishops, the National Council people come to the Senate floor and consent to go to Senator LIEBERMAN of Churches, the Religious Action Cen- say: If we do this bill, it is going to im- for 3 minutes, followed by Senator ter of Reform Judaism, the Jewish peril jobs. Well, nothing could be fur- KERRY for 30 minutes. Council for Public Affairs, the Inter- ther from the truth. faith Power and Light Campaign. You look at Great Britain, where The PRESIDING OFFICER. Is there These are just some. they have reduced greenhouse gas objection? I think we have had some very won- emissions by 15 percent since 1990, and Hearing no objection, the Senator derful meetings with them and press their economy grew 40 percent. Mr. from Connecticut is recognized.

VerDate Aug 31 2005 04:31 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.031 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4923 Mr. LIEBERMAN. Mr. President, I some shared committee assignments first hearings that were ever held in thank the Chair, and I thank my col- with respect to this issue—the Com- the Senate which Al Gore—then Sen- leagues. merce Committee and the Energy Com- ator Gore—chaired, with several other I rise to build on something that mittee—but I think there has been a Senators, and we looked at this issue of Chairman BOXER just said about the superb effort of bringing everybody to- climate change in the Commerce Com- national security implications of the gether under one roof, and that has mittee. Ever since then, the story at global warming problem. largely been because of Senator the Federal level has been one of dis- Last week I had the privilege to at- BOXER’s determination to get us to this graceful denial, delay, back-scratching tend an Asian-Pacific Security Con- point. for specialized interests, and a buck- ference in Singapore, which is called We are here to debate what is abso- passing that has brought us perilously the ‘‘Shangri-la Dialogue.’’ At that lutely—and it is interesting. We hear it close to a climate change catastrophe. conference, there were high-ranking from colleague after colleague on the We have witnessed a failure of leader- defense officials from just about every other side of the aisle. They say: Oh, ship in our time, and here on the floor country in the Asian-Pacific region, yes, we have to do a global climate of the Senate this week, at this mo- large or small. I noticed on the sched- change bill; yes, this is a critical issue. ment—now—we Senators have the abil- ule of meetings there was a session on Then they add the caveat: But not this ity to reverse that. climate change. So this intrigued me bill, not this time; then not providing a Today, all of the scientific evidence— because, again, this was a defense genuine effort or alternative to say I am not going to say too much about group, an international security group. this is how it could work. it, but I cannot sort of frame this de- I went to the conference, and it was It is also interesting to note there bate for the next days without saying quite something. Our friends in the has been a huge shift in America with something about it—all of the sci- Asian-Pacific region are deeply con- respect to this issue. Major Fortune 500 entific evidence is telling us we can’t cerned about the possible consequences companies support the fundamental afford to delay the reckoning with cli- of global warming and anxious that the underlying precept of this bill. They mate change any longer. All of the world unite to protect them and us haven’t necessarily all landed on this science is already telling us we have from the worst of it. A gentleman lead- bill yet, but they support the notion waited too long. Since the start of the er in the Defense Department of Singa- that we put a market-based mechanism Industrial Revolution, atmospheric pore said they have begun to negotiate in place whereby the marketplace will levels of carbon dioxide have increased with European experts in the construc- decide how rapidly and how each indi- from 280 parts per million to now 380 tion of dikes, because they think if vidual company will decide to reduce parts per million. Today, we know not they can build adequate dikes, they its emissions. What is important here as a matter of guesswork—we know as can probably withstand a rising sea is that we are creating a framework— a matter of scientific fact, incon- level which they believe will happen— and not a new framework. This is not trovertible fact—we know the atmos- probably will happen, according to the something sort of brought out of the pheric carbon levels are higher than best science—of a meter. But if the sky untested that is a new theory. We they have been at any time in the past water rises above a meter, their leaders have been doing this since 1990 when we 800,000 years. How do we know it? Be- have concluded that as much as a third passed the Clean Air Act and success- cause scientists have been able to bore of Singapore could be under water. fully reduced sulfur dioxide, the cause down into ice core and measure the There was a gentleman there from the of acid rain, and successfully reduced it carbon dioxide levels that have been Defense Department of Bangladesh who at about a quarter of the cost that preserved in the ice over those years, said they are beginning to try to make most of the naysayers predicted. as well as other time-measuring mech- plans for confronting a migration of as So I think our colleagues on the anisms. That accumulation translates many as 5 million people in Bangladesh other side of the aisle frankly come into an increase in global temperatures who will be forced by rising tides to here with a particular burden of proof. of about .8 degrees centigrade. leave their homes—5 million people. They have been wrong over the course Now, because this carbon dioxide Now, I say by reference, we don’t of 25 or 30 years. They have been wrong that we put up into the atmosphere has think about those extraordinary effects when they opposed water treatment fa- a life—it continues to live—as nuclear of global warming, but if seas rise—to cility efforts at the Federal level, when materials have a half life of thousands say the obvious, the United States has they opposed air quality treatment at of years, carbon dioxide has a life of enormous coastlines and our low-lying the Federal level, and each time when anywhere from 80 to 100 years. So what areas will be subject to consequences we have proceeded forward because we we have already put into the atmos- that could be severe to the way of life had forward-leaning leadership, Repub- phere will continue to do the damage it of the people there. There has been a lican and Democratic alike—it is im- is already doing, unless somehow, by a trend in our country of people moving portant to note that the Clean Air Act miracle of science or a miracle, there is to the coast, millions and millions and was reauthorized under President a method discovered in order to go millions. If we don’t do something George Herbert Walker Bush, who un- backwards. So we are looking at an- about global warming soon, the life derstood the importance of moving for- other .7 to .8 degrees of temperature in- they lead will be severely com- ward. So we have shown that this crease that we can’t stop. That brings promised, and that is what this bill is mechanism, which was created to deal us to about 1.4, 1.5 degrees of centi- all about—trying to avoid that. with acid rain, works. It is the law of grade increase. I thank the chairman, Senator our land today. The marketplace is Why is that figure important? I will BOXER, for stressing that this is not doing it today. Companies are partici- tell you why that figure is important. only an environmental protection bill, pating in this today. This is a proven Because there is a scientific consensus this is not only an economic growth mechanism whereby the marketplace— of thousands of scientists across the bill; this is a national security bill. not the Government—will decide at planet that is telling us that as a mat- I thank the Chair, I thank my col- what rate and who bears what burden ter of public policy, to avoid the poten- league, and I yield the floor. and people are free to choose within an tial of a tipping point—they can’t tell The PRESIDING OFFICER (Mr. DUR- economic benefit how they proceed. us with a certainty that the tipping BIN). The Senator from Massachusetts What is at stake today is whether point is at 1.9 degrees or 2 degrees or is recognized. Washington and this institution can 2.3, but they are telling us that their Mr. KERRY. I thank the Chair. Let rise above partisanship and break with best judgment is that to avoid a tip- me begin by thanking first Senator the old entrenched interests and finally ping point of catastrophe on the plan- BOXER for her unbelievable leadership start to come together to solve what is et, we must hold the temperature in- in this effort, as well as Senator undoubtedly the most urgent and pro- crease of the Earth to 2 degrees centi- LIEBERMAN and Senator WARNER, all of foundly complex challenge we face— grade and to 450 parts per million of whom have worked diligently on the how we protect this planet we live on. greenhouse gases. So we are looking at Environment and Public Works Com- We have been down this road before. now being at 380, we have a cushion of mittee. As everybody knows, there are Twenty years ago I participated in the going to 450; we already know we have

VerDate Aug 31 2005 02:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.032 S03JNPT1 jbell on PROD1PC69 with SENATE S4924 CONGRESSIONAL RECORD — SENATE June 3, 2008 risen 100 in the Industrial Revolution, threatened as a consequence of the in- for decades to come. By midcentury, but the Industrial Revolution didn’t crease of acidity in the oceans. anticipated waterflows in much of the have China and India and the rest of What is more, scientists know that West is going to decline by an average the world industrializing as it is today. the oceans act as a storage center for of 20 percent. Already in the West—to So we are staring at the potential of a carbon dioxide. In the jargon of global listen to our Senators from the West much greater input of carbon dioxide, climate change, it is called a ‘‘sink’’ talk about the drought and the prob- much greater input of greenhouse gases because the carbon dioxide sinks into lems they have of lakes that are now unless we take steps now, with the it and disappears. What we know is the drying up—all these are concerns we United States leading, in order to oceans do this. What we don’t know is need to address here. lower the levels of emissions and ulti- where is the kickback point in the The same report says that, by 2060, mately stabilize them at a level that is oceans. When are the oceans full and forest fires and the seasonal severity sustainable in terms of the science of they start to spit it back out because rating in the Southeast is projected to our planet. they can’t contain it anymore? Well, I increase from 10 to 30 percent and 10 to Two weeks ago I brought several of tell you what: Sound the alarm bell. 20 percent in the Northeast. The im- our country’s top climate scientists to Because scientists in Antarctica found pact on infrastructure will be severe. brief us in advance of this debate. Now, that that is already happening; that In March, the U.S. Department of those scientists—scientists are by pro- there is a regurgitation of carbon diox- Transportation found that the pro- fession conservative people. They have ide in the Antarctic they didn’t antici- jected sea level rise in the gulf coast to be. If you are going to be accepted as pate and which now sends warning sig- would put substantial portions of the a top scientist, your reports are peer nals about the rest of the oceans. region’s transportation infrastructure reviewed, they are analyzed, they are Even the Bush administration’s own at risk. Storm surges in the gulf coast looked at by others in the same field top scientists last week laid out a will flood more than half the area’s and judged as to their methodology and chilling assessment. They said the fol- major highways, almost half the rail the conclusions they draw. The fact is lowing: Floods, drought, pathogens and miles, 29 airports, and virtually all we have something like 920 peer-re- disease, species and habitat loss, sea ports. viewed reports, all of which say we level rise, and storm surges that The question before the Senate now have to do what we are seeking to do threaten our cities and coastlines are is, How do we turn this prediction of here on the floor now. And there isn’t what we are looking at unless we begin danger into opportunity? And it is op- one report—not one peer review—to the to reduce the global greenhouse gases. portunity. I don’t think to anybody it contrary. There is not one report that The effects of climate change are is ‘‘pie in the sky’’ when they think suggests humans aren’t doing what we now apparent on every single con- about the possibilities of what we can are doing and that we don’t have to tinent. It is being witnessed in very do for our health as a nation, for our stop doing it now or face the potential tangible and unexpected ways. For in- environment, for our obligation to fu- of catastrophe. stance, if you are a hunter in South ture generations, for our security, for The fact is these scientists also told Carolina and you like to go duck hunt- our energy policy, and for the price of us that what they predicted 2 years ing, today the only reason South Caro- gasoline. All these things can be driven ago, 3 years ago, 4 years ago is com- lina has real duck hunting to offer is in the right direction if we make the pletely eradicated now by the rate at because of farm ducks, not because of right choices in the Senate in this next which the evidence from Mother Earth the migration that used to take place. week. herself is coming back. Earth is telling It is the same thing in Arkansas, with The fact is the Climate Security Act us that we are now seeing a degrada- the population of the waterfowl that is that Senators BOXER, LIEBERMAN, WAR- tion at a rate that is far greater than significantly reduced. The Audubon So- NER, myself, and others bring to the those scientists predicted. In fact, the ciety has reported a 100-mile swathe of floor is a bill that puts us on the right science projected a general decline in migration of vegetation, of growth. In path. No one agrees with every com- the Arctic Ocean in 2001. Well, guess Alaska, we are seeing millions of acres promise that is made in this bill. We what. The 2007 IPCC Report sounded of spruce destroyed by beetles that all understand that. We all agree on significantly more alarm bells, saying: used to die because of the level of the the importance of action, though. We Late summer sea ice is projected to dis- cold, but Alaska has warmed more all agree on the importance of getting appear almost completely towards the end of than any other part of the United something done now. the 21st century. States, and the result is they now in- This is a strong and flexible piece of Less than a year after that report, in fest those trees. There are con- legislation. It will reduce the emis- January of this year, another report sequences that none of us can even sions, the gases, the carbon dioxide found that a seasonal ice-free—ice- properly define or imagine. But pru- that creates global warming by 19 per- free—Arctic Ocean might be realized as dence dictates that, knowing this is cent by 2020 and 71 percent by 2050. early as 2030. I am told that the sci- the course we are on, we need to do That will lead to an overall reduction entists who study this topic now be- something about it. We need to do that meets targets well within the lieve it could even happen sooner, but something about it now. range of the reduction that scientists that is what they are comfortable tell- The instability of the permafrost, in- tell us is necessary to avoid cata- ing us publicly. Scientists are observ- creasing avalanches in mountain re- strophic impact on climate change. ing a 30-percent increase in the acidity gions, and warmer and dryer conditions In the next days, I hope we can work of oceans with a devastating impact on in the Sahelian region of Africa are with our colleagues. If you have an ob- ocean life, literally destroying the leading to a shortening of growth sea- jection to the bill and you have a bet- ocean food chain from the bottom up. sons. Yesterday, there was a huge ter way of coming about it, that is Scientists project that 80 percent of meeting of the U.N. to discuss food what we are looking for. That is legis- living corals will be lost in our life- shortages taking place in various parts lating in the best tradition of this in- time. The impact of the acidity—the of the world. Up to 30 percent of plant stitution. What we don’t want to do is acidity, for those who don’t follow it, and animal species are projected to have people come to the floor and say comes from the greenhouse gases. We face extinction if the increase in global this is the most important issue, we put them up in the air, they travel temperature exceeds 1.5 to 2.5 degrees have a better way of doing it, but the around the world, they rain, it gets Celsius. better way never appears. It is never into the clouds, rains and comes down The impacts are not limited to spe- framed in an appropriate amendment into the ocean, or spills as particulates cies and ecosystems. Last week, the that seeks to do other than kill the into the ocean. The result is that acidi- U.S. Department of Agriculture re- bill. We have the ability to be able to fication reduces the ability of crusta- leased a new study projecting that the frame this in a responsible way. ceans in the ocean to form their shells. rise of concentrations of CO2 in the at- I have concerns and others have con- So starfish, lobsters, clams, crabs, mosphere will significantly disrupt cerns that the cost-containment auc- coral reefs, all of these things that rely water supplies, agriculture, forestry, tion, when coupled with the borrowing on their ability to form shell are and ecosystems in the United States and offset provisions—I wish to make

VerDate Aug 31 2005 02:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.033 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4925 sure it has the potential to lower the the need to support communities here going to bankrupt America. To the target in the early years of the pro- and abroad, in order to adapt to the credit of George Herbert Walker Bush, gram. I don’t want to see us avoid re- problems of climate change. he didn’t buy into those figures; he ac- sponsibility for years to come. So I I wish to highlight the fact that $68 cepted the figures of the environmental hope to work with the bill’s authors, billion in this bill is devoted to reduc- community, which came in and said it and maybe we can develop a mecha- ing emissions from deforestation. A lot is not going to cost $8 billion; it will be nism to make sure we maintain the of people don’t realize that cutting about $4 billion and it will take about short-term targets as directed by the down forests is one of the biggest con- 4 years. To the credit of President scientists, while at the same time pro- tributions to carbon dioxide. Deforest- Bush, we did it. They were all wrong viding adequate cost certainty. But the ation and forest degradation is an enor- because it cost $2 billion or so and took overall structure of this bill provides mous contributor that we have to turn about 21⁄2 years. It was 25 percent of the important incentives to create a clean around. Many of us wish the number cost that was predicted. Why? Because energy economy in our country. It di- was more, but we think it is enough to nobody is able to predict what happens rects auction proceeds—and this is im- be able to get moving and start down went the United States of America sets portant to understand. This is not a that road and have an impact. a national goal and we start to target bill that goes out and taxes Americans My colleagues on the Foreign Rela- our technology and innovation and and says you have to pump a whole tions Committee hope to address this move in a certain direction. bunch of money into the Federal budg- issue in greater depth because deforest- What I am hearing from our venture et so the Government can do some- ation accounts for 20 to 25 percent of capitalists and scientists is they are al- thing. That is not what happens here. global emissions. We need to help other ready moving in that direction. They This bill creates a marketable unit of countries move in the right direction. are already exploring unbelievable al- reduction of carbon dioxide. By pro- When you look beyond the details of ternative fuels. If this passes, we will viding that, people will be able to buy the allocation formulas and the offset create much more incentive and energy and trade in those units. The money verification procedures, this bill sends behind that race to find those alter- that comes from that purchase and a critical message to our economy. I natives. I predict there will be two or trading is money that is then directed have spent a lot of time, as have the three ‘‘Google’’ equivalents created in to help States make the transition, to chairman and Senator LIEBERMAN, the energy field in the next 10 to 15 help soften the transition for compa- meeting with businesses across the years if we pass this bill and start mov- nies, to help provide the technology country. I have talked to the Business ing in this direction. and the research and development that Roundtable. I have met with the U.S. There are plenty of economists out speeds us down the road to the creation Climate Action Partnership companies. there to document what I said. Nich- of alternative and renewable fuels. These are Fortune 500 companies, such olas Stern, former chief economist at There are only three ways to deal as Dow Chemical, DuPont, British Pe- the World Bank, said the investment of with global climate change. One is to troleum, American Electric Power, and 1 percent of GDP can stave off a 5- to move to alternative and renewable Florida Power and Light. While they 20-percent loss of GDP. So when col- fuels. Two is to come up with a way of don’t all agree with every piece of this leagues say to us don’t do this because having clean coal technology quickly. bill yet, they all agree they want the it is going to cost too much, they don’t Three, it is through energy efficiency Congress to pass a program where we ever tell you it is going to cost more mechanisms. are helping the marketplace to solve not to do it. It is going to cost us much The United States is literally the this problem by creating a system more not to do it. Every year we delay worst of all participating nations at where you trade these units of carbon and wait, we drive up the curve of what this point, in terms of energy effi- dioxide reductions and where you have we have to grab back to reduce in order ciencies. You can travel to Europe or a cap on the total level of emissions in to meet the target goals. So, in effect, to Asia and go up to an escalator and it order to push people to go out and delaying will make it more dangerous, is not working and you think you have adopt this program. as well as more expensive, because you to call somebody to fix it, but when What this program does is provide are going to have to grab back more you get near it, the escalator starts to certainty to the marketplace. If you and faster in order to make up the dif- move. When you get off and nobody talk to those on Wall Street today, ference. Frank Ackerman at Tufts re- else is coming, it stops. That is energy they will tell you what they want is cently updated the Stern model. He efficiency. We don’t do that. Ours turn certainty. They want to know what is found that four global warming im- 24 hours a day, no matter whether peo- the pricing of carbon. This allows the pacts alone—hurricane damage, real es- ple are there—unless they are turned marketplace to adjust and set the price tate losses, energy costs, and water off. It is the same thing with lights. of carbon. It allows the marketplace to costs—will come with a price tag of 1.8 When you walk out of a hotel room in come up with the mechanisms and in- percent of U.S. gross domestic product, some other places and it is dark and deed drives a lot of venture capital or almost $1.9 trillion annually, by the you shut your door, the lights go on. money into the efforts to create the al- end of the century. Bill Nordhaus, at As you walk down the hallway, lights ternative renewable fuels that are the Yale University, and Robert Samuel- go on in front of you and off in back of better long-term economic responses to son, of the Washington Post, might you. When you get onto the elevator, global climate change and to the im- take issue with some of Stern’s meth- the lights go out. We don’t do that. peratives to reduce emissions. ods, but the larger point is there; that There are countless efficiencies we can In addition, let me say my col- those are huge figures, much bigger fig- put into buildings, fleets, automobiles, leagues, with all due respect, have con- ures, being quoted on the downside of and into the use of energy. The tinually overestimated and overstated not doing anything rather than the McKinsey report—that company is a what the costs of doing this would be. cost of doing something. well-respected profit-making company I wish to refer back to the acid rain de- In the end, addressing global climate in America—tells us that we can get bate. I was part of those negotiations. change is going to be good for Amer- anywhere from 40 percent to 75 percent I remember sitting in a room off the ican business, and those businesses of all of the savings we need in order to Senate floor with former Senator that are supporting it understand it is deal with this crisis just from energy George Mitchell, Bill Reilly, JOHN going to be good for American busi- efficiency. SUNUNU, and others, and we negotiated. ness. We can actually market our tech- What are people waiting for? If we The very people who today stand up nologies. We can get involved in tech- moved down that road, we would be and say don’t do this, it is going to cost nology transfer with other countries. doing better than by doing nothing. too much, are the same people who, in We can rejoin the global community in This bill provides very important in- 1990, said don’t do it, it will cost too an effort to act responsibly. Once we centives to capture and seek restora- much. They came in with industry- put a cap on carbon, we can expect an tion of carbon itself. It targets $14 bil- driven figures. The industry-driven fig- explosion of new technologies which lion to expedite the near-term develop- ures said it is going to cost $8 billion will take advantage of that new mar- ment of these facilities. It focuses on and will take 8 years, and you are ket.

VerDate Aug 31 2005 02:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.035 S03JNPT1 jbell on PROD1PC69 with SENATE S4926 CONGRESSIONAL RECORD — SENATE June 3, 2008 The fact is, I think that is one of the our economy. We can create jobs for going to the Moon, and the United most exciting things I have run into. I scientists, jobs for professors, jobs for States has proven we can do the met recently in Massachusetts with 45 people in the software and former. Now we need to do what we can Massachusetts green energy compa- computerware business, jobs that come to reduce the emissions that create nies. We have companies that are tak- all the way down the food chain in global warming and threaten all of us. ing construction waste right now and terms of every aspect of American life I yield the floor. they are turning construction waste and particularly in the infrastructure The PRESIDING OFFICER. The Sen- into clean fuels and selling electricity. and construction industries where we ator from Wyoming. That could spell the end of dumpsites would be building the new plants and Mr. BARRASSO. Mr. President, in as we have known them in America, of new facilities and the new delivery sys- dealing with climate change, there are landfills if we take that product and tems for all of this technology. certain principles I always apply in as- turn it into energy that is clean. This is the future. This is the future sessing the approach to this issue. One We have a battery manufacturer in we can see because we have been there is that our Nation will continue to Watertown, MA. That battery is before. The United States has need and depend on fossil fuels. Fossil powering a car for the distance of 40 transitioned in fuels before. We used to fuels must be a part of any effort to miles of travel. The length of the aver- do everything by burning wood, and achieve a cleaner energy future. There age American commute is 40 miles. So then after we burned all the wood is no way we can get there without if we were to push these batteries out around our cities and learned we could them. No. 2 is a strong American econ- in the marketplace, the average com- not do it anymore, we discovered oil. omy, one that creates jobs, that cre- muter in America could go through the We used to use whale oil from Nan- ates new technologies. That is critical entire day barely touching a drop of tucket, MA, and lit most of the streets to developing the tools we need to cap- gasoline. People today who cannot fill in New England. Then we moved to a ture and sequester carbon. China and up their tank completely because their mix of items, including hydro, coal, India will not address carbon emissions credit card shuts off would all of a sud- even nuclear ultimately. until such technologies are developed. den be filling it up once a month or We are in that next transition now. I And No. 3, we cannot afford to hurt the more. That is the future of America. remind my colleagues that one of the very regions, the very industries, and The price of fuel is going to go down sheiks who helped organize the oil car- the very workers who will provide that because, in fact, this bill lowers our tel years ago said the stone age did not technology through hard work and in- imports by almost 8 million barrels a end because we ran out of stones, and novation. day. If we do that, it is inevitable that the oil age will not end because we In terms of economic impact, I have we will be paying less money and low- have run out of oil. The oil age will end serious concerns with the Lieberman- ering the price of gasoline. The fact is, because global climate change and Warner approach as currently written. to not do it is to see a continued in- global warming are sending us a mes- According to a recent study done by crease at a rate the American people sage about what is happening to this the National Association of Manufac- cannot afford. planet. turers, the negative economic impact I mentioned this in the caucus earlier We have a God-given responsibility. to the Rocky Mountain West and to my today. I met a week ago with Dr. Craig You can read Genesis or Isaiah or any home State of Wyoming is very real Venter, who is the person in the pri- of the other parts of the prophets, and and significant. The impact is perhaps vate sector who did the mapping of the there are enough references to our re- the greatest in terms of high gasoline human genome. They are taking the sponsibilities as individual human prices for folks all across the Rocky knowledge they now have from the beings to be the guardians of the Mountain West. Gasoline prices for mapping of the genome and are using Earth, to protect this creation. That is western families will increase signifi- that to apply it in biology, to synthetic why many Evangelicals and others are cantly under this bill. biology where, through certain supporting this bill, because they un- Every day, folks in the Rocky Moun- microbio processes as well as through derstand that responsibility. Anybody tain region are going to have to drive photosynthesis, they are now taking here, whether they are religious or not, long distances. They do it to get to carbon dioxide and using it as a feed- ought to understand the fundamental work. They do it to shop for food. They stock for the creation of new fuel. If responsibility we have not to see 30 do it to go to school. The distances, in that works, that is just a total game percent of the species wiped out and many places, are much greater than changer—a total game changer—if we whatever possibilities of disease cures they are in other parts of the country. can actually take carbon dioxide, with any one of those species as yet un- My home State of Wyoming ranks at which is the biggest problem we face defined and untested. the top of the list of all the States in with respect to global climate change, This is the greatest challenge we are terms of vehicle miles traveled on a per and turn it into something that is posi- to face. We are staring in the face of capita basis. I drive these roads every tive in a fuel alternative. opportunities where the United States weekend visiting folks in Gillette, Riv- There is more to say on this issue. has the ability to strengthen our econ- erton, Cheyenne, and Casper. They are There will be more to say in the next omy, provide more jobs, save fuel, pro- hours apart. Westerners are rightfully days. I look forward to this debate. vide alternatives for people, reduce the upset about how much they are paying Mr. President, I ask unanimous con- cost of day-to-day life, and, in the end, at the pump. I am sure my colleagues’ sent for 5 additional minutes. live up to our responsibilities as legis- constituents are too. Letters come in The PRESIDING OFFICER. Without lators. every day from all across Wyoming objection, it is so ordered. I remind my colleagues of what asking when Washington is going to Mr. KERRY. Mr. President, in 2006, President Kennedy once said of the help them. Yet we hear in testimony the renewable sector of energy in race to the Moon when he challenged from the Energy Information Agency America generated 8.5 million new America to go there. There were a lot that gas prices under this bill could go jobs, nearly $970 billion in revenue, of doubters and a lot of people who up anywhere from 40 cents to $1 a gal- over $100 billion in industry profits, thought it was a pipe dream. President lon. Others are predicting it could go and more than $150 billion in increased Kennedy himself was not absolutely up even higher than that. Whichever tax revenues at all levels of govern- certain, did not know for sure we could estimate you choose, whichever one ment. do it, but he believed in America. He you choose to look at, gas prices are One study found that with a serious said this is a challenge we are willing going to go up under this bill. commitment to an aggressive clean en- to accept, one we are unwilling to post- Why will it be even worse in the ergy strategy, we could create 40 mil- pone, and one which we intend to win. Rocky Mountain States? Partly be- lion jobs and $4.5 trillion in revenue by And he said we have to do it not be- cause the West and Rocky Mountain the year 2030, which is not even the end cause it is easy but because it is hard. West rely on small refiners for their of the period this bill seeks to address That is the kind of spirit this Congress fuel. It is not uncommon in the Rocky in terms of reductions. We can create and this Senate ought to show now. Mountain West to have the local gaso- millions of jobs at every single level of This issue is a lot easier, frankly, than line station in these small towns be

VerDate Aug 31 2005 02:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.037 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4927 just across the road from the small re- collar jobs will replace the jobs lost in this bill. Many families in Wyoming finer. Towns depend on these refiners the West. Where is that written? What would have to dedicate $1 out of $5 for their fuel. They provide the fuel for guarantee can you point to in this bill from their family budget for energy the families of the West. Without the that a family in Gillette or Laramie or costs under this bill. This is what rural small refiners, Wyoming and the Rocky Riverton or Cheyenne is going to get a America can expect under this bill. Mountain West would have to ship our green-collar job? And what is a green- Sadly, it appears the impacts of the gasoline in from out of State. collar job? Will they get the job the bill hit lower income families the hard- The small refiners do not fair very minute they lose the one they have est. It doesn’t have to be this way. I well under this bill. They have to com- now? How long will they have to wait? truly believe we can address climate pete with the large refineries for a Will they have to uproot their family change. There are better ways and small portion of the allowances. With- and move to find work? Where is it more economically friendly ap- out additional help, they will go under written in this bill that the pay and proaches, and those ways that can and an entire region of the country will the benefits of the so-called green-col- make a real difference. pay even more significant increases in lar job will be equal to the job the bill Earlier this year, I introduced legis- the price of their fuel. takes away? The reality is it is not lation to address climate change. I be- Some may try to lump small refiners written anywhere. lieve overlooked in the debate are in with the big oil companies that ac- In terms of energy costs, the situa- greenhouse gases that are currently in tually produce the oil. The small refin- tion is not very good for the Rocky the atmosphere—the gases that are ers have to buy their oil from that oil Mountain States. Wyoming is among currently contributing to the warming producer. These small refiners are pay- the top five States in what are called of the planet. The best science tells us ing $125 to $130 a barrel for oil, and it heating degree days. That is a measure it is a factor. To what extent, we are is having a devastating impact on of what it takes to heat a home all not sure. It would seem to me a worthy them. Some have suggested that they throughout the year. If you have been approach to find a way to remove exist- simply pass along the cost to the con- through a Wyoming winter, you would ing greenhouse gases from the atmos- sumer. Tell that to the folks in the understand why. The most vulnerable phere and permanently sequester them. West who are already being punished at people in my State, the seniors, people This is the other end of the problem. the pump. on fixed incomes, cannot afford to have Now, to accomplish this, we are going This part of it is not a partisan issue their energy bills increased. to need to invest the money to develop at all. I plan to offer an amendment I Why are we asking people all across the technology. The approach my legis- am working on with Members of both the country to pay more of their hard- lation takes is to address this through sides of the aisle—— earned dollars on high gas prices and a series of financial prizes, where we Mr. KERRY. Will the Senator yield energy prices in this bill? I frankly set technological goals and outcomes. for a question? cannot answer that, except to say, The first to meet each criteria would Mr. BARRASSO. I will yield, if I That is Washington for you. receive Federal funds and international may, at the end of the presentation. But it gets worse for Wyoming. Ac- acclaim. The prizes would be deter- I want to work with others to offer cording to a National Association of mined by a Federal commission under this amendment because this affects Manufacturers’ study, Wyoming coal the Department of Energy. The com- everyone in the Rocky Mountain West. would face a severe decline. That too mission would be comprised of climate Gas prices have reached the point would result in lost jobs, broken family scientists, physicists, chemists, engi- where people are simply driving less. budgets, and displacement. As I have neers, business managers, and econo- Family vacations and school field trips said, fossil fuels, including coal, are mists. They would be appointed by the are being canceled. People are working vital to our energy security. We need President, with the advice and consent 4 days a week but longer hours each to make them cleaner because they of the Senate. The awards would go to day. Why? Because of the high cost of will remain a vital part of America’s those, both public and private, who fuel. energy mix. Clean coal technology is achieve milestones in developing and Some may say: Great, we want peo- still a work in progress. It will take applying technology, technology that ple to drive less. Some may say: Hey, time to perfect. The men and the could significantly help to slow or to have your constituents take alter- women of Wyoming who are the back- reverse the accumulation of green- native transportation, public transpor- bone of the coal industry are essential house gases in the atmosphere. The tation, such as the subway or bus. As to providing clean coal technology to greenhouse gases would have to be per- many of you know, we in the West have America. manently sequestered, and sequestered spectacular, majestic rural areas that America simply cannot tolerate the in a manner that would be without sig- many of you enjoy on your vacations. lost jobs and the high energy prices nificant harmful effects. We ask you to come and visit our na- that will come from dramatic de- I believe this approach is only one ex- tional parks, our many State forests creases in coal production under ample of how we can tackle the prob- and monuments. But these majestic Lieberman-Warner. As I stated in the lem of climate change in an economi- natural places come with a cost: there beginning, we need to have a strong cally acceptable way without sacri- is no subway. economy. We need an economy that ficing real progress. I hope as we begin High gasoline prices are just one of creates jobs and fosters innovation. this debate on this issue, more Mem- the many major negative economic im- That is how to provide the clean en- bers of this body embrace approaches pacts to the West under this bill. Job ergy technologies we need. that address climate change while pro- loss is another major factor. The Na- It is not only the Rocky Mountain tecting jobs, family budgets, and the tional Manufacturers Association West that is going to be hard hit by industries we count on today. study projects that Wyoming would this legislation. The Energy Informa- I have repeatedly asked questions lose between 2,000 and 3,000 jobs by 2020 tion Agency testified before the Memo- during the hearings in both the Envi- and double that by 2030. Montana rial Day recess in the Senate Energy ronment and Public Works Committee would lose between 4,000 and 6,000 jobs and Natural Resources Committee that and the Energy and Natural Resources in 2020, double that by 2030. Utah would the larger price impacts occur from Committee on this bill about what the lose 10,000 to 15,000 jobs in 2020, double Lieberman-Warner in those regions of impact will be on my home State. To that by 2030. The numbers in the West the country that are most reliant on date, I have not been able to get a go on and on. What kinds of jobs will coal. So that is also the South. It is straight answer. I am relying on the be lost? Jobs in the energy sector, jobs also the Midwest. That is rural Amer- State-specific numbers that we have that pay well, jobs with pensions, jobs ica. available. If you don’t like the Na- with health insurance—the kinds of The median income in Wyoming is tional Association of Manufacturers’ jobs we should be protecting in this $46,000 a year. Wyoming family budgets numbers, then try the Heritage Foun- country. are predicted to lose between $1,000 and dation. The Heritage Foundation is Westerners are being told by the sup- $3,000 a year in income over the next 13 predicting major job losses in the porters of this bill: Don’t worry, green- years and double that by 2030 under Rocky Mountain West. The study says

VerDate Aug 31 2005 02:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.038 S03JNPT1 jbell on PROD1PC69 with SENATE S4928 CONGRESSIONAL RECORD — SENATE June 3, 2008 Wyoming will lose 1,100 jobs by 2025, with about a .04 change in GDP at a David D. Freudenthal, Governor of the and Utah will lose over 5,000 by that time when the GDP is going up 97 per- State of Wyoming, before the House same year, with Montana losing 1,800. cent according to our own administra- Select Committee on Energy Independ- Most of those will be manufacturing tion. So it is simply not accurate to ence and Global Warming. jobs. And those are the numbers that say that every report says that. There being no objection, the mate- predict job losses even if everything in Secondly, I wish to know on what rial was ordered to be printed in the the bill goes according to plan, includ- scientific study the Senator bases the RECORD, as follows: ing full implementation of clean coal notion that we are going to get the car- TESTIMONY OF THE HONORABLE DAVID D. technology. bon dioxide out of the atmosphere in FREUDENTHAL, GOVERNOR, STATE OF WYO- It is important to note that gas time to be able to deal with the pre- MING, BEFORE THE HOUSE SELECT COM- prices nationally will go up 25 percent dictions of what is happening, which MITTEE ON ENERGY INDEPENDENCE AND under Lieberman-Warner, according to require us to move immediately to deal GLOBAL WARMING the Heritage Foundation. Another with emissions. Could the Senator tell GREETINGS source, the Energy Information Agen- us what scientific report says we can Mr. Chairman, distinguished members of cy, testified at the Energy and Natural get it out in time to meet this chal- the Select Committee thank you for the op- Resources Committee and said gas lenge? And does the IPCC, the 2,000 sci- portunity to appear before you and comment on the future of coal under carbon cap and prices would go up 40 cents to $1. entists who have been working on this trade. This is really a discussion on carbon As Americans, we have always looked for years now, suggest that is an alter- management, more particularly carbon cap- within ourselves for solutions. We have native? ture and sequestration, which inevitably always had confidence in American in- Mr. BARRASSO. Mr. President, that leads to a discussion of the role of coal in genuity and American creativity to is why I introduced the GEAR Act ear- fueling the American and international deal with the challenges of the future. lier this year and gave a speech from economy. Yes, we want to protect our environ- this Chamber at this desk talking WYOMING IN CONTEXT ment; and, yes, we want a strong econ- about giving the same kind of prizes Please allow me to place my comments in omy. It just so happens that the one that allowed people 500 years ago to the factual context of Wyoming as a state does rely on the other. understand longitude so ships could committed to both energy production and It has been said that the environ- sail the seas; the same kind of prizes environmental protection. I find people in mental movement in the United States Charles Lindbergh was searching for Congress are most familiar with our two na- tional parks—Yellowstone and Grand was born out of America’s prosperity. when he flew across the ocean. It is Teton—and our role as the leading coal pro- Americans who had benefited from those kinds of prizes and incentives ducing state in the nation with production of post-World War II prosperity began to that say, Let’s get our best minds 446 million tons of low sulfur coal in 2006. become more concerned with clean air, working on this. I don’t know what the What is generally not as well known are with clean water, and with land man- timetable is. I have talked to the sci- the other forms of energy Wyoming pro- agement. Since then, a prosperous entists, and I say, Let’s put in incen- duces. Depending on the day of the week and America has also been an environ- tives, and that is why I brought that the mood of our friends in Oklahoma, we are mentally conscious America. Nothing bill. either the second or third largest natural gas producing state in the country with annual could be more true in terms of address- Mr. KERRY. The answer is, there is production a bit over two trillion cubic feet ing climate change. Let’s keep our no study. The answer is, there is no se- or about 10% of the domestic supply. Wyo- economy strong, let’s use our untapped rious scientist who is suggesting we ming has for several years been the largest human potential and American spirit can meet the needs of global climate producer of uranium in the country with ap- to develop the technological solutions change and conduct some long-term proximately 2 million pounds a year of we need. analysis of whether we can get it back yellowcake (uranium concentrate) produced. Mr. President, I yield the floor. out of the atmosphere. It doesn’t exist. We currently rank in the top quartile of The PRESIDING OFFICER. Who It is nonexistent. states in wind generation, and have an esti- seeks recognition? Secondly, the analysis used by the mated 8,000 megawatts of developable wind when the transmission constraint is re- Mr. KERRY. Mr. President, does the National Association of Manufacturers leased. Two projects have been announced re- Senator still have time? has a skewed oil price which com- cently which will add approximately 200 The PRESIDING OFFICER. The Sen- pletely cooks these numbers; and it is megawatts of capacity and at least 10 wind ator’s time has expired. a report which has no allowance what- power projects are in various stages of re- Mr. KERRY. I understand we have 5 soever for any technological advance- view and development with state regulatory minutes; is that correct? ment. That is not representative of the agencies. We produce about 53 million bar- Mrs. BOXER. Why don’t you take 2 United States of America when we talk rels of oil annually placing Wyoming in 7th minutes. about the technologies I talked about. place among the states. Mr. KERRY. I ask the Senator, first, Put another way on a net BTU exporting Moreover, they are the same people basis, subtracting state consumption from is he aware that the National Associa- who came in in 1990 with those crazy state production, Wyoming is by far the larg- tion of Manufacturers’ report allows predictions of what it was going to cost est energy exporting state in the nation pro- for zero technological advances; that it us to do the other. viding about 10 quadrillion BTUs or roughly has no technological advances taken I think the people who relied on peo- 10% of the country’s energy supply. [See at- into account whatsoever? Does the ple who were wrong years ago have a tached graphic] Senator believe, in fact, the United bigger burden of proof to come to the COAL IN CONTEXT States is not going to make any tech- floor now and show us they have a My purpose today is not to argue, but to nological advances in the days ahead? study that actually makes sense. recognize some fundamental realities. Mr. BARRASSO. Mr. President, Mrs. BOXER. Mr. President, I was Like it or not, coal is going to be used in every study—every study—points to hopeful to have 5 minutes, and I know America and the world for some time to come. Even without any new coal fired lost jobs and higher energy prices, Senator INHOFE is going to take a lot of higher gasoline prices, whether it is plants there are 1,522 existing generating time to rebut, so I ask unanimous con- plants consuming over one billion tons of the Heritage Association or the Na- sent to take 5 minutes now. coal per year. Over the next twenty years, tional Association of Manufacturers. I The PRESIDING OFFICER. Without new and replacement generating capacity is have looked at study after study after objection, the Senator is recognized for forecast at 292 gigawatts, the equivalent of study. I have read the books and vis- 5 minutes. 25 coal-fired power plants each year. While ited with experts around the country Mrs. BOXER. Mr. President, I have to conservation and efficiency programs are and around the world, and everything I say it is amazing to me how a Senator forecast to make a real dent in the rate of am seeing and reading takes me in that from a place that is almost ground zero growth of electricity consumption, we are direction, and that is that gas prices going to need every form of energy we can on global warming could stand up here harness including clean coal, natural gas and will be going up and jobs will be lost. and be so negative, very unlike his renewable resources. Non-hydro renewable Mr. KERRY. Mr. President, again, it Governor. resources of wind, solar and geothermal meet is not true that every study says that. I ask unanimous consent to place in less than 1% of our energy needs today. Fos- In fact, the EPA study itself comes out the RECORD the testimony of the Hon. sil fuel sources provide over 80%. For the

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Hence, any serious carbon management From the point of view of a Governor, the we will be confined to the laboratory bench effort must include aggressive support for absence of a well thought out, cogent federal and speculation. carbon capture and sequestration. policy that maps the pathway forward makes While I have heard and seen a number of WHO PAYS? the task of setting workable rules, regula- presentations I am not sure there is defini- tions and operating practices that much tive information on available technologies Without question, long term carbon man- more difficult. This is equally true for the and the quantitative analysis surrounding agement is going to cost a lot of money. Pri- private sector. Until someone monetizes CO2 commercial deployment of carbon sequestra- vate and public sector investment will be re- through performance standards with offsets, tion. Academics and companies have their directed and those costs will ultimately fall cap and trade or some variation of these plausible estimates but I have yet to see to taxpayers and consumers. Carbon capture schemes the marketplace is wandering in the money changing hands in a commercial and sequestration will also consume signifi- desert. The level and pace of technology de- transaction. In fact the discussion with the cant energy in the capture processes, com- velopment will be set largely by the scheme individuals charged with financing these pression and transportation which of course you adopt as the price of carbon, the projects, quickly becomes an exercise work- will add to operating costs. It would seem an timeline for implementation and off ramps ing through a list of the uncertainties. On appropriate policy goal then to pick those such as safety valves anchor the assumptions that list are not only questions about the processes most likely to yield the greatest behind any economic investment. With these technologies involved with carbon manage- effectiveness at least cost to the consumer/ variables in mind, the structure needs to be ment but the impact of the hyper-inflation taxpayer. set sufficient to promote large scale dem- in material, manpower and construction Consumer energy costs are not a trivial onstration projects sufficient to resolve the costs. Simple questions such as whether CO2 matter in my state. A recent analysis we outstanding questions in a rational but ag- capture and sequestration costs (capital and completed suggests that the lowest income gressive manner. operating) will be recoverable as part of a quartile, those households earning less than We meet with folks who are absolutely se- utility’s rate base has yet to be answered. $25,000 per year pay about 16% of their in- rious about developing new plants to supply With respect to the federal-state interface come for energy. Those in the highest quar- energy and they assume they will live in a and their respective roles in this enormous tile pay on average 2–3% of their income for carbon constrained world. They fully antici- undertaking, we favor a model of federal energy. So those that can least afford it. pay pate sequestration of C02 or the necessity of standards and state implementation. The 7 to 8 times as much a portion of their in- some other mechanism to manage green- Clean Air Act is an example of how this come for energy as most of us in this hearing house gases. Most are not shy about their might work. One important difference how- room. Imagine what happens if the cost of dislike of taxes or escalating costs, but un- ever between that process and our current energy rises 15, 20 or 25 percent and that dif- certainty about future carbon rules abso- situation is the state of development of the ferential begins to rise exponentially. In my lutely overwhelms every discussion. It ap- technology enabling implementation. Hence small state that would affect over 51,000 pears to me that a number of these invest- another threshold activity would seem to be households or 25% of my constituents. That ments will never come to fruition until the the federal underwriting of the research and means nearly 130,000 people are going to have other shoe drops and the boundary condi- development of capture and storage tech- to make very hard choices about how they tions are established for the risk with re- nology to the point of commercialization. spend scarce dollars. As policy makers we spect to carbon management. We need to not only understand the capital cannot ignore this issue in our search for so- In a minute I will list some specific actions costs but the operating and maintenance lutions. I think make sense, but first I want to make costs through time. Additionally, the likely NO SILVER BULLETS an observation as a predicate to those rec- internal energy requirements to implement It is clear the public attitude is changing ommendations. It is the simple notion that both a robust capture system and preparing with respect to greenhouse gas management when it comes to carbon management, it is CO2 for transport and sequestration are most and as proof you need look no further than difficult but necessary to admit what we probably significant. This needs to be under- the ads surrounding the Sunday morning don’t know. Because in the absence of full stood not only by the plant design engineers talk shows. Company advertising now talks knowledge we tend toward absolutist posi- but by public policy makers as well. about how green they are, not how efficient tions like ‘‘only wind’’, ‘‘no nukes’’, ‘‘only Indemnification and risk assumption and they are, or how much growth they enjoy. biomass’’ or ‘‘no coal’’. I am not sure the fed- at what juncture are also critical unresolved Other advertisements publicly shame firms eral government knows how we should con- issues. There is precedent that the private which make money off of projects or compa- struct the greenhouse gas management re- sector absorbs the operational risk related to nies which do not meet the ‘‘green’’ test. And gime and I am not sure industry knows ei- capture, transportation and injection. But much of the public conversation is about in- ther. post-injection risk, namely in situ liability creased consumption of natural gas in lieu of If you will grant me this observation for a of harm to human health, the environment coal. moment, it seems a prudent course would be and property related to CO2 leakages needs But even the current shift to natural gas is to pick those activities we believe must be to transfer to the public sector at a reason- not without carbon implications. Burning undertaken no matter what path ultimately able point in time when the operational risk proves to be the correct one. For example, of the initial process has practically con- natural gas has fewer CO2 emissions per unit of electricity produced but still has carbon we know we need studies and demonstrations cluded. Funding for this long-term risk man- emissions and if one considers the upstream putting C02 in the ground in quantity to de- agement pool would likely need to derive footprint of exploration and production nat- termine the physical facts i.e. measuring, from the monetization of CO2 through a fed- ural gas is an answer, but not a perfect an- monitoring and verifying sequestration data eral cap and trade or taxation system. Another point of separation between the swer. For example, in my state, natural gas in the real world. We favor an array of these historically successful management of sulfur processing plants emitted 6.9 million metric demonstrations as proposed by the Depart- dioxide and carbon dioxide is the amount of tons of CO equivalent in 2005, representing ment of Energy carbon sequestration part- 2 material involved. In rough terms there is nearly 25% of our net carbon footprint. One nerships as a sensible approach given dif- about 250 times the amount of material in- of the two largest plants operated by ferent conditions across the country. Additionally, we know there are dif- volved in dealing with CO as with SO in ExxonMobil has a large well field and plant 2 2 ferences between enhanced oil recovery electric power generation. It would seem a that produces natural gas, helium and CO 2 (EOR) and carbon sequestration which may detailed study of the required infrastructure for the enhanced oil recovery industry. How- or may not overlap. Monetizing a C0 stream would make sense. What will it take to move ever much of the CO is currently vented to 2 2 for the purposes EOR may mitigate the cost significant amounts of CO from generation the atmosphere. In fact, for every million 2 impact on consumers in the early years of a source to ultimate sequestration site? How cubic feet of natural gas produced, nearly carbon policy. This needs to be studied with much pipeline capacity will be needed and two million cubic feet of CO is produced and 2 some degree of granularity. where will it need to be installed? What are a majority of it is vented to the atmosphere. Staying with the theme of moving from the energy requirements to move large My friends in California where much of the the abstract to real world data, I believe we amounts of CO ? What design standards will natural gas ends up don’t always take this 2 need to accelerate those programs that lead need to be in place and in force to ensure into account when they do their carbon foot- quickly to economically viable, commercial safe handling? print analysis. scale electric generation plants. This would Resolving these vital questions requires a STATE PERSPECTIVE include both super critical pulverized coal long-term commitment to fund demonstra- We believe the state has a role in man- plants with significant carbon capture and tion projects at scale, to monitor, measure aging greenhouse gases and to that end we sequestration as well as integrated gasifi- and verify the CO2 activity and begin to have begun to construct the legal framework cation combined cycle (IGCC) plants with build a risk assessment profile. According to to do so. However, even the simple question carbon capture and sequestration. My obser- a recent MIT study, to do so requires an 8–10 of who has the right to sequester CO2 under vation is that substantial federal under- year commitment and a federal commitment state law is amazingly complicated. Does writing to hasten this process is required to of at least $1 billion/annum. But with a pro- that right belong to the surface owner or to assist those companies willing to pursue jected decline in GDP growth of $400–800 bil- the owner of the mineral estate? How do we these types of plants. Short of constructing lion if carbon capture and sequestration is

VerDate Aug 31 2005 02:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.005 S03JNPT1 jbell on PROD1PC69 with SENATE S4930 CONGRESSIONAL RECORD — SENATE June 3, 2008 not deployed, our economy stands to suffer a My recommendations for the Committee’s ards that we passed here—and I don’t far worse outcome if CCS is not commer- consideration are three. First, continue to know if my friend supported them; I cially available in the next few decades. focus the debate on the proper, rational and hope he did—are going to make it STATE ACTIVITIES achievable framework that leads to the cheaper for folks to drive because their monetization of carbon. However, let me be As I mentioned before, Wyoming has un- cars will do better. So if there is a 2- dertaken a number of activities to address clear here, I am not urging continued inac- the management of greenhouse gases. We are tion. The lack of a federal plan essentially cent-a-year increase—which is the out- a founding member of the Climate Registry. paralyzes the other players, both private and side limit, by the way—as Senator We are in the process of conducting an in- public sector. LIEBERMAN says, at the end of the day ventory of greenhouse gas sources to estab- Secondly, focus short-term spending and it won’t be an increase for our families. lish our emissions baseline and begin to iden- federal underwriting on the nearly univer- Now, my friend talked a lot about tify practical opportunities for reduction. sally agreed upon activities of carbon cap- working people, so let’s talk about Many of our significant oil and gas compa- ture and sequestration. With respect to cap- working people. Let’s see the working nies are members of EPA’s Natural Gas ture, a better understanding of the tech- STAR Program which implements best prac- nologies particularly the economics and people who support this bill. My friend tices to reduce methane emissions in natural power requirements is fundamental. Given says he talks for working people, so I gas exploration and production. For a num- the amount of material involved, a com- will tell you who is supporting the ber of years, our Department of Environ- prehensive study of the infrastructure re- Boxer-Lieberman-Warner bill. The mental Quality has employed a permitting quirements to move CO2 from source to sink International Union of Operating Engi- protocol requiring best available control is necessary. With respect to storage, con- neers. They see jobs, jobs, jobs. The technology (BACT) for oil and gas minor tinuation or acceleration of the multiple building and construction trades. They sources which significantly reduce green- current sequestration projects which will put see jobs. The International Association house gases. We have for many years had a CO2 in quantity in the ground is essential. Carbon Sequestration Committee inves- Finally, the Congress should take up the of Bridge, Structural, Ornamental and tigating terrestrial sequestration opportuni- issue of parsing the long-term liability of Reinforcing Iron Workers; the Inter- ties springing from our agriculture lands and carbon storage. Serious investment in plants national Association of Heat and Frost forests. which will make use of carbon sequestration Insulators; the International Brother- We have funded a study underway by the will likely not be forthcoming until this hood of Boilermakers, Iron, Ship- Wyoming State Geological Survey to iden- issue is settled. builders, Blacksmiths. tify optimal CO2 sequestration sites and to It is my understanding that there have I don’t have enough time. I don’t date they have found a site that is calculated been over 105 hearings on this and the broad- to store all emission from every source in er topic of energy independence in just the have enough time. The Laborers Inter- Wyoming for 350 years (20 billion tons). We last eight months. I ask to you consider national Union of North America. It have funded and operated the Enhanced Oil what specific information is still required to goes on and on. So when folks on the Recovery Institute at the University of Wyo- chart the course. For while I’m only one other side get up and say they are cry- ming which assists primarily independent oil Governor, we will commit our resources to- ing for working people, why don’t you producers in finding suitable fields and em- wards obtaining the answers you need, so listen to working people? Because they ploy CO2 floods to produce more oil. We par- that we can effectively move forward now. see what is happening. ticipate in two carbon sequestration partner- The problem at hand is enormous, climate Let me tell you, my friend, what is ships and have proposals for large scale dem- change does not wait for us and we cannot onstration projects at two promising sites. afford to delay. happening in California, where we have We have established the Wyoming Infra- Mr. Chairman, thank you for your time a cutting-edge global warming law, and structure Authority, a state instrumentality and attention. whether this bill passes or not, they to address the electricity transmission con- Mrs. BOXER. Mr. President, to quote are moving forward. So are the western straint that keeps our vast wind resource part of what Governor Freudenthal States, I say to my friend. The fact is, from the marketplace. Recently, Rocky let me tell you what is happening. We Mountain Power has announced plans to said: build nearly 1200 miles of high voltage power I am not urging continued inaction. The have a terrible recession in my State lines across four western states. We have lack of a federal plan essentially paralyzes because of the crash of the housing in- competed in the FutureGen competition the other players, both private and public dustry. We are hoping we come out of making the case for a western mine mouth sector. The problem at hand is enormous. this, but in the meantime, I am told by plant located near both enhanced oil recov- Climate change does not wait for us and we my Governor, who is a Republican, ery well fields and deep saline aquifers for cannot afford to delay. Governor Schwarzenegger, who sup- long term carbon sequestration. We have ac- I have had many conversations with ported this bill, that 450 new compa- tively and seriously pursued section 413 of the good Governor, and let me tell you nies, solar companies, have set up shop the Energy Policy Act of 2005 which calls for why he is upset. The West has got prob- an Integrated Gasification Combined Cycle and they are hiring those workers. (IGCC) electric generation plant with carbon lems. In my friend’s own State, the av- Then my friend says: What are you sequestration at an altitude above 4,000 feet erage temperature rising in the Colo- doing for the workers? Take a look in with low ranked coals in a western state. We rado River Basin, which stretches from this bill. We have worker training. My have signed a Memorandum of Under- Wyoming to Mexico, is more than dou- friend actually wrote one of the pieces standing (MOU) with the State of California ble the average global increase. So his of this part of the legislation. Univer- and particularly the California Energy Com- State is facing real problems, and es- sities have think tanks, and they have mission and California Public Utility Com- sentially he gets up here, and has every mission to work toward the development of job training. We are very excited about this IGCC plant. We have funded a clean coal right, and reads off the National Asso- the jobs that will come. We are excited request for proposal (RFP) process with in- ciation of Manufacturers’ talking about the fact that finally we will get tention of drawing the best ideas from indus- points. I thought the West was inde- energy independence. try partnerships to advance the state of the pendent. I am a little stunned. Really, in a way, I smile. I am not art in clean coal technology. We are hearing the same things now happy about it, but I have to smile We have established the School of Energy over and over: Raising gas prices. Let when my colleagues on the other side Resources at the University of Wyoming and us look again. Under George W. Bush, will dedicate a portion of our time on the complain about gas prices when they National Center for Atmospheric Research we have had a 250-percent increase in stood there and supported George Bush (NCAR) supercomputer to sequestration res- gas prices. Where was my friend when through his whole term when gas ervoir characterization. We have passed stat- we tried to do a windfall profits tax prices have gone up 250 percent. What utory incentives for the development of wind and give back the money to his poor was his answer? He went across to the energy. We are exploring an exchange with a working people he is crying about Middle East and held hands with a Chinese province focused on CO2 sequestra- today? He wasn’t with us on this. He Saudi prince and begged. It did not tion. has never been with us on this. work. Let’s forget about these phony SUMMARY The fact is, we know if you look at arguments and support this bill. As you can see we are expending a good this administration’s own charts, not I yield the floor. deal of money, time and talent in the pursuit the National Association of Manufac- The PRESIDING OFFICER (Mrs. of greenhouse gas management and will con- tinue to do so. But please recognize this is turers’, we will lower gas prices, be- MCCASKILL). The Senator from Okla- just the tip if the iceberg and we need federal cause clearly we are going to have homa. involvement in a serious way to really move other technologies—other tech- Mr. INHOFE. Madam President, we forward in a meaningful way. nologies. And the fuel economy stand- have heard the same thing over and

VerDate Aug 31 2005 04:31 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.007 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4931 over. This is only the second day. I degree Celsius. That is not even meas- I would say this: If I were on the guess we have maybe 10 days to go. The urable. other side of this bill, and I were trying junior Senator from California is so in- Of course, that is not Senator JIM to get this bill passed, I would welcome terested in the fact that it is only up INHOFE; that was Vice President Al the opportunity to have that discus- by 2 cents a year. Looking at the En- Gore. Al Gore has done his movie. Al- sion on the nuclear amendment that ergy Information Agency study, what most everything in his movie—in fact, will be offered by more than one per- is interesting about that is the Energy everything has been refuted. Interest- son, but certainly offered by even the Information Agency study presumes ingly enough, the IPCC—on sea levels author of the bill, Senator WARNER. that we would have an additional 260 and other scare tactics used in that I see the Senator from Iowa has ar- nuclear plants on line. When the appro- science fiction movie, it has been to- rived, and I think he is scheduled to priate time comes I will be asking her tally refuted, and refuted many times, speak for up to 30 minutes. that question, if she supports that. by the IPCC. Mr. GRASSLEY. I probably will not We have several speakers coming On the conversation we have been take all that time. down. Senator GRASSLEY from Iowa is having on gas prices, if you look at dif- Mr. KERRY. Will the Senator just coming down, so I will visit a little bit ferent studies—you don’t want to be- yield for a question before he yields? until he gets here. Then we want to go lieve studies. Look at some of the gov- Mr. INHOFE. The problem with that on schedule, and I am hoping we will be ernment studies. They have a responsi- is, as you well know, it is not very rea- able to go back and forth and hear bility to come out with something that sonable because we are on a schedule to from a number of these Members. is realistic. If you do not want to do listen to other people, other than the First, I thank my colleague from Wy- that, just use logic. If you are to pass distinguished junior Senator from Mas- oming. I don’t know what he experi- a bill that has a cap on the supply of sachusetts. enced this last winter. When the Sen- oil and gas in this country, and that Mr. KERRY. With all due respect, ator from California talks about tem- cap goes into effect, by mere supply Madam President, we are here to have peratures and all this, it happens that and demand the price is going to go up. a debate. It is hard to have a debate we in the State of Oklahoma have had It has to go up. So the EPA estimates when you are talking all by yourself. If the worst cold spell during this last that this bill, the Lieberman-Warner the other side wants to engage in a winter than we have in 30 years. I find bill, will increase fuel costs an addi- good discussion, there are an awful lot this to be true all over the country. tional 53 cents per gallon, and by $1.40 of things said that are inaccurate, and You just can’t have it both ways. by 2050. I wonder if the Senator wants to dis- One of the good things about this dis- The Energy Information Agency cuss them. cussion and this debate is we are not weighed in on the same thing and esti- going to be discussing the science. I mated gas prices will increase any- Mr. INHOFE. I will be happy to do know the Senator from Massachusetts where from 41 cents a gallon to $1 a that after the remarks of the Senator talked about the scientists in the gallon by 2030. While the climate bill’s from Iowa. Is that all right? IPCC. I have to remind my friends proponents, as we heard just a few min- Mr. KERRY. Terrific. across America, really it was the IPCC. utes ago from the distinguished junior The PRESIDING OFFICER. The Sen- That is the United Nations, in case no- Senator from California, argued that ator from Iowa is recognized. body knows who the IPCC is. They are this shows the gas price numbers going Mr. GRASSLEY. Madam President, the ones who started all this. up by only 2 cents a year, that is as- on April 24 of this year the Senate Fi- By the way, anytime there is a quote suming we have 21⁄2 times the nuclear nance Committee held a hearing on the from the IPCC, it is a summary for pol- plants we have today. That is all writ- tax aspects of what we call the cap- icymakers. Those are not— ten in this report. Right now we have and-trade program, which is an essen- Mr. KERRY. Will the Senator yield? approximately 104. That would be 260 tial part of this bill before the Senate. Mr. INHOFE. No, I will not. nuclear plants. At that hearing, the Director of the That has nothing to do with sci- Mr. KERRY. Will the Senator yield Congressional Budget Office, Peter entists. We talked about 2,000 sci- for a question? Orszag, testified about the economic entists. We have a list of 30,000 sci- Mr. INHOFE. No, I will not. Not now. impact of a cap-and-trade system. entists who said: Yes, there can be a re- Then, getting into the nuclear, it is Then we also had Robert Greenstein lationship between CO2 and a warming one of the things I think no one is of the Center on Budget and Policy Pri- condition, but it is not major. going to argue with. You are not going orities testifying on the impact of a Let me use an example. This is the to resolve the energy crisis unless it cap-and-trade system on low-income best example because it comes from has a strong nuclear component. I families. someone we all love dearly, former think you are going to have some I would like to share with my col- Vice President Al Gore. Former Vice amendments coming up on this bill leagues some very relevant informa- President Al Gore wanted to explain to that certainly are supported by Sen- tion, in the case of my colleagues not us how serious it was way back when ator WARNER, who is a cosponsor of the having an opportunity to review the he was Vice President. This is in the bill, that say we need to dramatically testimony that was before the Senate middle 1990s. He said he hired a sci- increase our nuclear capacity in Amer- Finance Committee. Mr. Greenstein, entist. The scientist’s name was Tom ica. I have been saying that for a long who is often pointed to by Members of Wiggly. Tom Wiggly was a well-known time. the other side of the aisle on economic scientist, one who was supposed to If you look at European countries issues, expressed support for policies to know what he was talking about. He where there are not problems right address climate change, but pointed was the choice of Vice President Al now, in the European countries, actu- out: Gore. ally 80 percent of their energy comes Significant increases in the price of energy When he did this, the Vice President out of nuclear energy. In our country it and energy-related products will necessarily said: Do a study and tell us what would is about 20 percent. I would say any occur as a result of the enactment of effec- happen, how much cooling would take kind of correction of this problem is tive policies to reduce greenhouse gas emis- place if all of the nations who were de- not going to take place unless we have sions. veloped nations—not developing na- the nuclear plants. I think sometimes this issue is pre- tions, not China, not India, not Mex- The study that was referred to, the sented as though there will be no cost ico—just the developed nations were all one that said only 2 cents a year, that or that big corporate polluters will pay to sign onto the Kyoto Treaty and live is assuming we have an increase of 260 all the costs. On the contrary, we have by the emissions requirements. How nuclear plants—it is wildly optimistic, then the CBO Director Orszag testify: impossible, can’t be done. Nonetheless, much would that reduce the tempera- Under a cap-and-trade program, firms ture in 50 years? that is what is being discussed. Nuclear would not ultimately bear most of the cost Do you know what the answer was? energy is a very important part of our of the allowances but, instead, would pass Do you remember that? You remember mix. It is going to have to be in the fu- them along to their customers in the form of that. It was seven one-hundreths of 1 ture. higher prices.

VerDate Aug 31 2005 02:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.042 S03JNPT1 jbell on PROD1PC69 with SENATE S4932 CONGRESSIONAL RECORD — SENATE June 3, 2008 So we are in this situation where ev- lief for consumers and emissions will life of the bill. That is an astounding erybody wants you to believe that cor- be 45 percent below 2012 levels. amount of money, even by Washington porations pay taxes or corporations ab- Mr. Greenstein estimates that the standards. sorb costs. But corporations are tax average increase in energy-related Of course, the authors of the bill will collectors or, if they have costs, they costs for the poorest fifth of our popu- say these new spending programs are passed on to the consumers and in- lation would be somewhere between would invest in new technology. I dividuals end up paying. Mr. Orszag ex- $750 and $950 per year for a modest 15- heard that sort of discussion on the plained that price increases stem from percent reduction in emissions. Can floor of the Senate a week or two be- the restrictions on emissions itself, and you imagine the outcry if Congress fore we took our Memorial Day recess. price increases are, in fact, an integral passed a bill to raise taxes on the poor- I also heard speeches a couple weeks part of a cap-and-trade system. This is est fifth of our population by $750 to ago that it would help the environment because price increases would be a key $950 per year? Some of the very pro- in some way. One problem with that mechanism through which businesses ponents of this legislation would be argument is that almost all of this and households would be encouraged to those crying foul the quickest. But spending would occur after the caps change behavior, leading to reductions that is exactly what this bill will do. I have taken effect because that is when the revenue from the allowance auc- of CO2. guess the Democratic leadership is hop- Regarding the impact of higher en- ing no one will notice. tions will start coming in. So common sense tells me that is way too late. It ergy prices, I would like to refer to Mr. Be forewarned, just look at a recent is too late to start investing in alter- Greenstein again, whom I know many election in Britain. The Labor Party native energy technology after we al- on the other side of the aisle very recently enacted a new tax policy that ready have a cap in place that effec- closely listen to about issues that af- was perceived as a tax increase on low- income people, and its approval ratings tively limits the amount of energy that fect the poor. He observed in his testi- can be produced from fossil fuels. We mony: hit historic lows, leading to sweeping losses in local elections. If Congress is need to develop those alternatives Households with limited incomes will be right now. If we wait, the pinch we feel affected the most by these higher prices be- going to impose significant new costs on working families, we must take suf- from the cap will be much harder. We cause they spend a larger fraction of their must have alternatives in place before budgets on energy and energy related prod- ficient action to maintain their stand- caps. ucts and because they— ard of living. However, that means I should add that even though this Meaning people who are in lower in- more than providing benefits to offset bill showers money on many industries come levels— direct costs imposed by the bill before and special interests in an attempt to are less able to afford investments that Congress. All Americans rely on attract political support, it does little could reduce their energy consumption, such healthy economic growth to provide or nothing to promote further use of as a new or more fuel efficient heating sys- jobs and opportunity. wind energy. My interest in wind en- tem or car. CBO Director Orszag testified regard- ergy is that I happen to be the father of ing a CO cap that ‘‘the higher prices That is the end of the quote from Mr. 2 legislation that passed in 1992, and caused by the cap would lower real Greenstein. Iowa is one of the leading producers of It is important to emphasize we are wages and real returns on capital, wind energy of the 50 States. As a pro- not just talking about heating bills. which would be equivalent to raising moter of the wind energy tax credit, I Mr. Greenstein further testified: marginal tax rates on those sources of can tell you that this is zero-carbon, The impact of climate change policies on income.’’ In other words, a cap-and- zero-pollution technology, and it has low-income consumers goes well beyond the trade system has the same economic tremendous potential to help meet any direct effect of higher energy prices on their effect as the most antigrowth type of future carbon emissions goals. utility bills. More than half of the increased tax increases one could think about. Congress should take a very positive, costs that low-income households would face We are talking about a loss of jobs. We concrete step toward reducing green- would be for goods and services other than are talking about a loss of economic utilities. house gases right now. You don’t do opportunity for too many Americans. that by leaving wind energy out of the Any item that requires energy to The Environmental Protection Agen- legislation. That step we ought to be produce will become more expensive— cy estimates that this bill could reduce taking right now would be to send to common sense. Items he mentioned U.S. manufacturing output by almost President Bush a package of extensions that would be more costly for low-in- 10 percent in 2030 and could cut gross of expiring renewable energy produc- come families are quite obvious—gaso- domestic product by as much as 7 per- tion tax incentives. In order to become line, food, and rent. cent—by $2.8 trillion—in the year 2050. law, that package would need to be in We have heard a lot of rhetoric from So we have people proposing this legis- a form obviously acceptable to the the majority party expressing concerns lation from whom I have sometimes President. The Senate acted on this about the current high gas prices. Now heard outcries on the floor of the Sen- issue when the Cantwell-Ensign amend- they have brought before us a bill that ate because there is outsourcing of ment passed the Senate in the housing would yet further raise gas prices. It manufacturing jobs, losing manufac- bill debate. The full Congress needs to seems like making points that are in turing in the United States. We have a follow through and get it to the Presi- conflict, very definitely in conflict. bill before the Senate that is going to dent. With those production incentives You cannot complain about high gas make that situation worse, according and investments in effect and way prices and then introduce legislation to to the EPA. ahead of time of what this bill would raise gas prices yet higher. To help mitigate the adverse effect of do, the projects will be built and more The new substitute amendment does a CO2 cap, Director Orszag suggested green energy will be supplied to Amer- contain a token provision for tax relief that one option would be to use rev- ican homes, motor vehicles, and busi- for consumers, but it only allocates the enue from auctioning allowances to re- nesses. revenue from 3.5 percent of the allow- duce existing taxes that tend to I look forward to seeing these vital ances in the first year for this relief. dampen economic activity. Instead, incentives extended, but we need to do Robert Greenstein, whom I have what does the bill do? The bill before more—much more—if we are going to quoted many times—many of the sup- us creates a raft of new Government have in place the alternatives to meet porters of this bill usually quote him, spending programs. In fact, this bill is any future emissions targets. Instead, maybe on other issues—testified that 491 pages long, and I have had my staff what does this bill do? This bill for the 14 percent of the allowance revenue count how many pages of new spending most part waits until the cap has al- would be needed to shield low-income programs. They counted 212 pages. ready taken effect and we will need to households from further poverty and Much of the rest of the bill, then, is de- start switching to alternative sources hardship instead of 3.5 percent. The voted to creating new bureaucracy to of energy. Only then does it begin current bill still falls short even in the manage new programs and to bring spending money to develop the alter- year 2030, when 12 percent of allow- about new mandates. We are talking natives we will already desperately ances will be available to fund tax re- about $6.7 trillion in spending over the need by that point.

VerDate Aug 31 2005 04:31 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.043 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4933 In addition, this legislation creates a was on the list and was designated as They have also said the bill provides whole new Federal bureaucracy, called the speaker with some time. that some of this money can be—or the the Climate Change Technology Board, The PRESIDING OFFICER. The amended bill, which we have not seen to spend money. So we tax the Amer- Chair understands that the Senator all that long a time, provides that ican people. We are going to have an from Oklahoma yielded time to the some of this money can go back to independent agency spend the money, Senator from Iowa from the 30 minutes poorer families. That amount in the independent of any other Government of the Senator from Oklahoma. maximum, as I calculate it, is $2.5 tril- agency. It will consist of five Directors Mr. INHOFE. The UC that was passed lion, which leaves $4.2 trillion. appointed by the President. This new allowed Senator GRASSLEY to speak. He Now, you might wonder, what is all unelected bureaucracy will have broad was out of order only by one. Senator this going to go to? I found it very in- discretion to spend funds that are allo- WHITEHOUSE was supposed to be first, teresting, when the junior Senator cated directly to it without going and then he was supposed to speak. from California was complimenting the through Congress and with minimal What is it you want? Maybe I can ac- senior Senator from New Hampshire, congressional oversight. Congress will commodate that. when Senator GREGG said: Well, we are only be allowed to block funding after Mr. LIEBERMAN. I was going to sug- in somewhat agreement, she said: The the fact and only if it passes legislation gest that you controlled 30 minutes. difference is, he wants to return that within 30 days. Anyone who is familiar You had 4 minutes remaining. If you money to the people, that $4.2 trillion, with the legislative process around wanted to use that, then I would take instead of supporting this bureaucracy. here, particularly in the Senate, knows the 5 minutes under the order we have Well, as to the bureaucracy, we think for rebuttal, and then we would go to this is essentially a carte blanche to it is going to be about 45 new bureauc- Senator WHITEHOUSE. spend money. racies, and it is going to take, over the Mr. INHOFE. That is fine. 50-year life of this bill, I would suspect, I am sure we will hear justifications Mr. LIEBERMAN. Good. of how each of these new spending pro- Mr. INHOFE. According to the Chair, right around $4.2 trillion to run that grams will do a lot of good. When we I have 4 minutes remaining. bureaucracy. I would conclude, though, hear that, I urge my colleagues to keep The PRESIDING OFFICER. There is by saying this country does not need 45 one thing in mind: According to the 3 minutes remaining. more bureaucracies. EPA, a typical American household Mr. INHOFE. First, let me repeat The PRESIDING OFFICER. The Sen- will lose $1,400 in purchase power, and what I started out talking about in the ator’s time is expired. $4,400 in 2050, due to this legislation. opening discussion on this bill. We said The Senator from Connecticut. What we need to ask is whether these we are going to go ahead and we will Mr. LIEBERMAN. Madam President, new spending programs justify a tax of not talk about the science because the let me respond to some of the things $1,400, increasing to $4,400, on a typical science is not in this bill. What we are that have been said in the last half American family. going to talk about is the economics of hour. But let me come back to why we The authors of this bill will say this this bill. That is what we have done. I are here and why the Environment is not a tax. I have already quoted the have also said that if anyone wants to Committee reported this bill. CBO Director saying that this bill will talk about science—I used the example This bill has a purpose, and the pur- have the same economic effect as tax of Vice President Gore’s own scientist pose is to reduce the carbon pollution increases. We know this bill will raise who said what a small, immeasurable that causes global warming. Why are trillions of dollars in Federal revenue, impact it would be if we were to sign we doing it? We are doing it because we and CBO says it will consider auction on to the Kyoto treaty which is cap want to turn this country and this proceeds to be Federal revenues. and trade, very similar to what we are planet over to our children and grand- Spending in the bill, quite obviously, talking about today. children and those who follow them in will be Federal outlays. In the process, Then, in 2005, we went through the a better, safer condition than it will be American families are going to feel a same thing with the McCain- if we just let global warming go un- tight pinch on their pocketbooks. Lieberman bill. That bill, I have to say checked. So you get back to something that is to my good friend from Connecticut, There have been a lot of things that kind of Midwestern common sense was not nearly as bad as the Kyoto have been blamed on this bill today: about this legislation and about wheth- Treaty and far better than this bill Gas prices, which got pretty high with- er it is a tax increase or not a tax in- today because the price tag on that out this bill being adopted because it crease, whether it is a Federal expendi- was less than the Kyoto Treaty. The has not been adopted. The response has ture or not a Federal expenditure, be- Kyoto Treaty would have been in the been given to that. Tax increases. cause where I come from, as the saying range of between $300 and $330 billion. These are not tax increases. We re- goes, if it walks like a duck, talks like That amount of money was a huge, jected a carbon tax. This is the result a duck, it is a duck. Well, this looks very high amount. But the bill that of a market where businesses exercise like a tax and it talks like a tax. came along in 2005 was the bill by choice. They can either reduce their The question is, What to do with the MCCAIN and LIEBERMAN which is far carbon emissions below the cap, in revenues? We are faced with a tough less than that. Now, this is the one which case they have some credits to decision. With this much new spending, that is the big one. The range here in sell or, if they cannot do it, they will there is something in there for every- terms of the cost is about 20 percent, 25 go back out in the market, of their own one. But does it justify a tax of $1,400— percent higher than Kyoto would have choice, and buy some at auction, and eventually $4,400—on hard-working been at that time. that creates the revenue which we then American families? Rather than spend We started talking about gas prices refunnel. this money on new Government pro- and the fact that the nuclear compo- In the last block of time, what grams, the right thing to do is to re- nent is going to have to be necessary. seemed to be suggested was that the turn it to the American people to offset But what we did not really get around passage of this bill would gravely hurt increased costs they will bear, prevent to—and I think we need to do it over the American economy. In the first increased poverty, and preserve eco- and over again in the next few days, place, my friend from Wyoming, Sen- nomic opportunity for all. until such time as we get onto the ator BARRASSO, cited a study by the I yield the floor. amendments—is the fact that the National Association of Manufacturers Mr. LIEBERMAN. Mr. President, I amount of money this is going to cost and the American Council for Capital believe Senator INHOFE may have some over a period of time, according to Sen- Formation. I believe the underpinnings time left—4 minutes—on his 30 min- ator BOXER in one of her early press re- of this study have been undercut by utes, then I would have 5 minutes to leases, is $6.7 trillion. This would be in independent authorities. rebut, and then we would go to Senator the form of higher gasoline or electric At a May 20 hearing before the Sen- WHITEHOUSE. bills. A lot of people will make the ate Energy and Natural Resources Mr. INHOFE. I don’t think that is en- statement that this really is not an ac- Committee, the Deputy Administrator tirely accurate because I think the curate figure. Well, this is not my fig- of the Energy Information Agency— Senator who just spoke, Mr. GRASSLEY, ure, this is her figure. part of the Department of Energy, part

VerDate Aug 31 2005 02:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.044 S03JNPT1 jbell on PROD1PC69 with SENATE S4934 CONGRESSIONAL RECORD — SENATE June 3, 2008 of the Bush administration—Mr. How- constructive and creative role in the As shown on this chart, this is a very ard Gruenspecht said that this NAM, work the Environment Committee did simple scientific device: the bell curve, National Association of Manufacturers, in bringing S. 2191 to the floor. the standard normal distribution. It modeling mistakenly attributes costs The PRESIDING OFFICER. The Sen- basically is the standard analytical de- due to rising world oil prices as im- ator from Rhode Island is recognized. vice for almost all the observations in pacts of the Climate Security Act, Mr. WHITEHOUSE. Madam Presi- which science works. In this dimen- which will reduce world oil prices be- dent, I thank the distinguished Senator sion, one measures the danger of what cause it will reduce demand for oil, from Connecticut for his kind words could happen. In this dimension, one rather than considering those costs as and, more importantly, for his leader- measures the likelihood that will hap- part of the economic baseline for the ship. pen. study. The fact is—and here again I Madam President, for the first time What you find in the bell curve is cite two studies done by agencies of the Senate is embarked on a full debate that there is a strong agreement, a this administration, the EPA and the on one of the most pressing issues fac- strong, solid foundation of observed EIA—both predict continued strong ing America and the world today; that agreement around a level of danger growth for the U.S. economy under this is, reducing the carbon pollution that that has a very high likelihood of tak- Climate Security Act. The modeling of causes global warming. ing place. It is this area, as shown on the Environmental Protection Agency This legislation, admirably and this chart—this key area—where the found that under this bill, gross domes- painstakingly pieced together by Sen- likelihood is the greatest that we face tic product would grow by 80 percent ators WARNER and LIEBERMAN and by the dangers that have been described between 2010 and 2030. our chairman, Senator BOXER, takes a on this floor so eloquently by Chair- Here is the slight impact of the Cli- historic step to confront the crisis be- man BOXER and Senator KERRY and mate Security Act. fore us. others of the global warming that the Incidentally, these studies all do not As we speak, unchecked greenhouse Earth is undergoing. account for the costs of doing nothing, gas emissions are causing the most sig- Now, you will, during the course of which we believe would be many bil- nificant and rapid climate and eco- this debate, hear about other points of lions of dollars. Look at it this way: If system shifts living memory has ever view. I am confident of that. Most of we do not pass this act—and this does witnessed, affecting our oceans, our them lurk down here, as shown on this not count for the cost of hurricanes rivers, our lakes, our plants, our crops, chart, in the area where the likelihood is the least, but the danger is the least. and other extreme effects of global and our wildlife. They affect our econ- That is the key. But this is really warming—the total output of the omy. They affect our very national se- fringe science. The body of science on American economy is projected to curity. global warming, like the body of reach $26 trillion—that is a great num- The evidence of global warming can science on almost any other topic, fol- ber—in June of 2030. With the passage be found in every State in the country. lows a curve in which the vast major- of the bill, the economy will reach $26 My home State of Rhode Island, the ity of the observations, the vast major- trillion in April of 2030. So is it worth Ocean State, is perhaps the smallest, ity of the scientific conclusions follow that few months’ delay to get to the $26 but it is no exception. Over the past 20 years, the annual mean winter tem- an allocation, a curve like this. trillion to avoid the cost of doing noth- What the people who are fond of perature in our beautiful Narragansett ing and the harm global warming will pointing out these low-danger but low- Bay has increased by about 4 degrees do to our country and our planet, af- likelihood opinions usually forget to Fahrenheit. Now, the difference be- fecting our children and our grand- tell you is that there is this side of the tween, say, 63 and 67 degrees may not children? My answer is yes. curve. This side of the curve may also feel like much to someone plunging Let me suggest this too. There is a be unlikely, but it is very significant into the clear waters of Narragansett cost of the status quo for industry. My to us as a species because here the dan- Bay, but for the populations of fish and friend from Wyoming, Senator ger is even greater than what the vast shellfish that make Narragansett Bay BARRASSO, comes from a great coal- bulk of the science we are relying on their home, that feed Rhode Island producing State. Coal is America’s here in this discussion today would in- most abundant natural energy re- families, and fuel Rhode Island’s proud dicate. These are very significantly source. America has the largest coal fishing tradition, it is an ecosystem dangerous scenarios for our species. reserves in the world. This bill aims to shift. It displaces cold water species, What we have found as time has gone continue to allow American industry, and it threatens the fragile and rich di- on and as the scientific observations power companies, to use coal—in fact, versity of marine life in our precious have kept coming in is that we think it to use it more. Narragansett Bay. is here, as shown on this chart, but But let me suggest this: Under the So far, the consequences of global when the observations come in, they status quo, without this bill, coal and warming have been relatively mild. tend to be here, as shown over here on those manufacturers who rely on it are But there are worse things to come—in this chart. We are always running in trouble. Fifty-four percent of the the world and in the waters around us. ahead of the science when the observa- new coal-fired electric power capacity We are forewarned by overwhelming tions come in. Science is not telling us: ordered in this country since 2000 has and undeniable scientific evidence. Take it easy, don’t worry. Science is been canceled. Why? Because compa- Let me speak briefly about the telling us that the more information nies cannot get affordable financing to science underpinning the evidence of we get, the more dangerous it appears build the plants. And why not? Because global warming. We are fortunate to to be. investors have 100 percent certainty have an enormous body of scientific It is a simple, traditional, normal that a climate law is going to be en- data measuring the warming of the distribution curve. The discussion that acted in this country within the next Earth, the rising of the seas, the shift supports the changes we are making few years, certainly within the lifetime in weather patterns, and the effects on here is taking place where the weight of a coal plant. all the Earth’s creatures. This data of the science is. If people try to take The PRESIDING OFFICER. The Sen- comes from all corners of the world and you off that and show you this end of ator’s time has expired. from the full spectrum of scientific it, beware because there is just as great Mr. LIEBERMAN. The bottom line thinking, most recently, indeed, from a a likelihood that this other end of the is, coal and the manufacturers who de- report by the Bush administration’s danger spectrum will occur. pend on it need this bill to raise the own Department of Agriculture. The Another aspect of the science here is money they need to build additional scientists essentially all draw the same the so-called trend line. Now, this is coal plants to provide energy for Amer- ultimate conclusion: Global warming is just an example. It is not any statistics ican industry. That would be great for happening, it is manmade, and it is at all; it is just dots we put together to our economy. getting worse. show a variety of data over time and Madam President, I yield the floor to Let me talk for a minute about some how a trend line flows through it. It is my friend from Rhode Island, who I of the very foundations of the science calculated through a very established might say played a very important and we will be discussing. scientific process.

VerDate Aug 31 2005 02:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.045 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4935 There is a book that was written sev- the next big idea. Classic American But when you see indications such as eral years ago called ‘‘How to Lie with know-how has always led the world this, that people are willing to take Statistics.’’ A trend line provides a lot into new frontiers of scientific and one little segment of the data out of of opportunity to mislead people with technological discovery. The cold hand context as much as that, I think people statistics. In this debate, unfortu- of the past always has reached out to who are watching this can see if that is nately, that happens a fair amount. impede progress, and we see it clawing what people are doing, there is cause I will give an example of that in a on this floor today. But America is for concern about how serious they are second. But basically, each of these, as called by the future, not by the past. about solving this problem. data points come in over time—and in We have heard discussion today on Madam President, I thank you very this case the temperature of various whether there are costs if we act to ad- much and I yield the floor. places on the Earth is measured—sci- dress the carbon pollution that is caus- The PRESIDING OFFICER. The Sen- entists are able to draw a trendline ing global warming. What are the costs ator from Oklahoma is recognized. that essentially any reputable sci- if we do not act? If we do not act, we Mr. INHOFE. Madam President, first, entist, almost any reputable mathe- will continue to send our hard-earned before the Senator from Rhode Island matician, can draw through those dollars overseas to buy oil from na- leaves, let me remind him he started points, and then you base your conclu- tions that do not care for us. The eco- the discussion by saying this is the sions on the trendline. That is stand- nomic implications of our crippling de- first time we have been debating this. ard, grade A, basic 101 science. pendence on foreign oil are evident to We have been debating this for years. I Now, let’s look at how that works in every American every time they pull know the Senator from Rhode Island terms of global warming. Here are tem- up to the gas pump. The challenge to wasn’t yet elected when we had the perature changes plotted over years our national security grows increas- McCain-Lieberman bill on the floor and 1978 through 2003. Here is a trendline ingly clear with every day our troops I remember that so well because I was that has been plotted through all of spend mired in the war in Iraq. If Presi- down here for 6 solid days doing noth- dent Bush had tackled this problem 7 these orange data points. It clearly in- ing but debating this. dicates the warming of the Earth. This years ago after he was elected, we One thing I wish to ask you to do is— would not have the gas prices we see is the type of information on which we made the request when we first today. We would not have the weak- reasonable and prudent people across started—this is not a discussion on ened oil economy we live in today. We this country—in businesses, in homes— science. We are now talking about a are paying at the pump because Presi- base their decisions all the time. It is bill. We want to talk about the bill. I dent Bush was AWOL when the future the type of decisionmaking our mili- am convinced that people coming down tary relies on, our intelligence commu- called. If we do not act, we will not only and talking about science are doing nities rely on, our scientists rely on, that because they don’t want to talk our corporate leaders rely on. It is not keep paying at the pump for our con- about the bill, they don’t want to talk anything special or magic. The tinued addiction to foreign oil, but we will fall behind the rest of the world in about the tax ramifications of this bill. trendline is very clear about what is Now, for the purpose of this discus- happening. developing and exploiting the green sion from now on, let’s assume the Now, in the green box I have high- jobs and technologies of the future. If science is there, that we don’t have to lighted a section of the data because we do not act, we will witness increas- what I have seen is a number of reports ing destruction of our natural land- worry about science. Let’s talk about that have focused on only this little scape, disappearing coastlines back the bill. I yield the rebuttal time to the fine piece of information. If you pull this East, fire-swept prairies out West, a ORK- little piece of information out—this tornado-ravaged heartland, our hurri- Senator from Tennessee, Senator C was an El Nin˜ o year, so temperatures cane-battered gulf coast. Hunters will ER. The PRESIDING OFFICER. The Sen- were unusually high. If you pull this see game species change their patterns ator from Tennessee is recognized. little bit of data out, you can draw a and migrate away. Trout fish will find Mr. CORKER. Madam President, I very different trendline through this. rivers too warm. If we do not act, we thank the Senator from Oklahoma. I It would probably look something like will allow the extinction of cherished say to my friend from Rhode Island— that. There have been people who have creatures who share God’s Earth with said: Well, that shows that in 1998 glob- us, from the struggling polar bears of would the Presiding Officer let me al warming stopped—because they took Greenland to Rhode Island’s own little know when I have a minute left? The PRESIDING OFFICER. The Sen- this tiny little segment of the overall piping plover. data and tried to focus only on that. If we do not act, we will become the ator will be so notified. So it is very important in this de- first and only generation of Ameri- Mr. CORKER. The Senator from bate, when you see some of the infor- cans—the first and only generation of Rhode Island has talked about science, mation that has been brought out, to Americans—to leave the world to our as the Senator from Oklahoma has understand that books such as ‘‘How children in worse condition than the mentioned, and I say I agree with him, To Lie With Statistics,’’ their prin- one that was handed to us. We should that the large body of science says that ciples are still alive and well, and un- not make ourselves that first and only man is contributing to global warming. fortunately, data such as this has even generation. We should not break the As a matter of fact, I will even give to seeped into discussion in the Senate. faith with our children and grand- the Senator from Rhode Island the fact For many years, global warming de- children. that cap and trade may be a legitimate nial thrived on an industry of sham I look forward as much as anybody in way for us to deal with this. I think ev- science bought and paid for by special this room to a spirited debate that will erybody in this body knows I am very interests. Those days are diminishing. give all Members of this body the op- open to looking at a legitimate cap- Even the most vocal global warming portunity to share their ideas and con- and-trade bill. deniers have increasingly fallen silent cerns. But when the debate is done, we What I would ask the Senator from because the science is speaking to us must not shirk our duty. This has to be Rhode Island is—and I know he knows now with an unequivocal voice. We can a legitimate debate. This can’t be just this subject well; he and I were in reduce the carbon pollution that is about scoring political points. There is Greenland together and I know his causing global warming, and time is of a true problem before us. We have it beautiful wife Sandra actually swims the essence. The bill before us takes a within our care, within our control, daily in the bay that he is talking badly needed step toward the new within our power to do something to about, so she knows well about those green economy that beckons America get this right. I look forward very temperatures. I know they discuss this with the promise of new technologies, much to this debate. I hope my col- at great length. new products and, most importantly, leagues are all joining in it in good But if, in fact, we have this issue to new jobs that will drive our American faith. I hope we will rely on real deal with, why isn’t the issue itself, by economy for decades to come. science and real arguments and not on itself, good enough for us to focus on This country has never before shied talking points from industries that it? Why is it that we create a bill away from the next great challenge or haven’t gotten it yet. that—instead of focusing on cap and

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This is the mother and father for the next 40 years. ing to me right now: This bill will cost of all earmarks. I have no under- The PRESIDING OFFICER. The Sen- you money. It will make your gasoline standing why anybody in this body ator from Rhode Island. more expensive. It will increase your would support legislation that pre- Mr. WHITEHOUSE. Madam Presi- electric bill—dramatically. It will take scribes trillions of dollars of spending. dent, I wish to take a few minutes to hard-earned money out of your pocket. Secondly, why would the Senator respond to the questions that were Companies don’t pay the costs of high- from Rhode Island support a bill where asked of me. I think I have some time er energy. They pass it on to you, the 27 percent of the allocations that are remaining of the 15 minutes I was allo- customer. You need to think about worth trillions of dollars—why would cated. what you want to pay for your gas and he support a bill that actually trans- Mr. INHOFE. Madam President, re- electricity when this bill has its full ef- fers those allocations which, in es- serving the right to object. fect on you. sence, is a tremendous transference of The PRESIDING OFFICER. The Sen- How willing are you to pay the per- wealth to entities that have nothing ator has 1 minute remaining on his 15 sonal cost of global warming legisla- whatsoever to do with lowering carbon minutes. tion—even if it might not make a dif- emissions? Why would he support a bill Mr. INHOFE. Madam President, that ference? What you and I need is a bill such as that? Again, I have seen a lot was a 5-minute rebuttal. The question I that spurs innovation and recognizes of people walking around here with will ask the Chair, has the 5-minute re- what is possible with technology. What nicely tailored suits and briefcases, and buttal time expired? you and I need is a bill that cleans the I know that they realize if they sit at The PRESIDING OFFICER. That is environment without destroying our the table, they are going to benefit correct. economy. I am in favor of using alter- themselves by being tremendously en- Mr. INHOFE. So it would take a native sources of energy and reducing riched in the process. But why would unanimous consent request for him to emissions and giving incentives to in- the Senator not support a cap-and- have more time; is that correct? vent cleaner air. I am in favor of in- trade bill that returned the auction The PRESIDING OFFICER. That is creasing our supplies of energy. I am in proceeds to the people of America who correct. favor of actions that will bring down are going to be paying higher costs le- Mr. WHITEHOUSE. I ask unanimous your cost of energy. gitimately as a result of this bill? consent that I may respond to the We are now debating an issue that The last piece—and this is one that is questions that were asked of me by Congress has been discussing for a long very difficult for me to understand. name. time. I have been involved in this glob- Why would the Senator from Rhode Is- Mr. INHOFE. OK. For 1 minute. After al warming debate for a long time. I land—my friend, whom I love serving this I think we will try to stay on was a member of the original Senate with—support a bill that pays and schedule. delegation that attended the Kyoto sends U.S. companies—instead of The PRESIDING OFFICER. The Sen- conference, at which the Kyoto pro- spending money here in our country on ator from Rhode Island is recognized. tocol was created. I saw right away technology that lowers emissions here, Mr. WHITEHOUSE. Madam Presi- that that conference was not an envi- encourages them to spend billions and dent, since time is very short, to my ronmental conference, it was an eco- billions of dollars in China that benefit good friend Senator CORKER from Ten- nomic conference with the United that economy when we have tremen- nessee I say this: First, the basic prin- States as a target. dous trade deficits today? ciple of this legislation is that pol- Well, before that, I was also the So what I would say is again—I will luters should pay, and I would hope mayor of Gillette, WY, the center of say it over and over—I respect the au- that every person in this room would the largest coal-producing area in the thors of this bill. I agree with the agree with that. Polluting industries Nation. Like many of my colleagues, I science. I think we are squandering a should not get away with causing glob- have spent a lot of time studying this tremendous opportunity in this body, al warming by releasing carbon pollu- issue. because we are using old-time politics tion for free and having all the rest of Some say this bill is essential. I am to win support for legislation that us pay the costs of that. If you agree not convinced that such is the case be- ought to be good enough on its own, with the proposition that polluting in- cause I am not convinced it takes the and in the process the American people dustries should pay, then you have to, right approach to reducing emissions. are paying the tab. I think it is rep- as you suggested, figure out the best We may need to address this issue but rehensible that we are going about it in way to get the funds back to the Amer- not through the legislation we have be- this fashion. I think today with gaso- ican people. fore us today. line prices at $4 a gallon, we have an We try to do it in this bill in ways I am concerned that this is a piece of opportunity—I think this is a perfect that step us into the green economy we legislation that will make energy time to talk about this bill to marry need for the future and in ways that much more expensive for Americans, at responsible climate security with re- step us up toward energy independence. a time when the No. 1 issue I am hear- sponsible energy security. The Senator may disagree. That is ing about is the need to decrease en- The PRESIDING OFFICER. The Sen- what the bill is about. If the minority ergy prices, especially gasoline. I am ator has 1 minute. would allow us to go to amendments, concerned that we are debating a bill Mr. CORKER. The American people we could discuss that. That is not the that will send American jobs overseas. elected us—the Senator from Rhode Is- way it is right now. We have to step I am concerned we are debating a bill land, the Presiding Officer, all of us at forward. Senators BIDEN and LUGAR are that will irrevocably harm our ability the same time—to focus on the big going to come forward with foreign pol- to use our Nation’s most abundant en- issues of this country. We have a tre- icy recommendations to make sure the ergy source—coal. mendous opportunity in this body to rest of the countries move with us. I I am not a fearmonger. I am an envi- have a balanced climate security bill agree with the Senator from Tennessee ronmentalist. I am in favor of using al- that doesn’t take money out of the that we have to make sure the rest of ternative sources of energy. As my con- pockets of Americans forever and spend the world moves with us. But we can- stituents will tell you, we have a great it through bureaucracy, but to tie that not wait for the rest of the world to potential for wind and solar energy in with energy security and do it in a way move. Wyoming. I am for conservation. We that everyone wants, in a way that cre- The PRESIDING OFFICER (Mr. need to find ways to consume less en- ates growth and economic development SALAZAR). Who yields time? ergy. I am for inventions that reduce

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The times policy in Washington dictates people need to know that this bill costs chairman selects all of the panel mem- that we cannot do everything we want money. It will make gasoline more ex- bers but one. The ranking Republican to do. pensive. It will increase their electric gets to pick that one. Then both sides A few years ago, a prime emphasis bills. It will take hard-earned money show up to make specific points and to from Washington was wetlands. Wyo- out of their pockets. It is the right discredit the other approach. We have a ming was photo-surveyed during our time to have this debate so we can dis- bill before us that is one approach to wettest spring in years, and we have cuss the approach this bill is taking this issue. Now we need to determine if been maintaining at that level. As the and determine if we are willing to sad- it is a sensible solution, and we must mayor of Gillette, I wanted to do bet- dle the people of our States with the determine what you, the public, are ter. I worked to get more wetlands on enormous costs caused by it. willing to pay. What are we willing to reclaimed mine property. But I was On June 1, George Will did an edi- make you, our constituents, pay to im- turned down because they weren’t wet- torial in the Washington Post and ex- plement the plan we have before us lands before. I finally got permission posed the cap-and-trade policy of this today to maybe address global warm- for a demonstration on one mine. It bill for what it is—a carbon tax, but ing? I suspect my folks in Wyoming are worked beautifully. It looked lush and clever and hidden. While I was at the not willing to pay the enormous costs it attracted animals and birds that global warming conference in The associated with this bill. were supposed to be attracted. It was a Hague, the United States was negoti- This bill is a one-size-fits-all ap- marvelous success. Do you think we ating to get some recognition for the proach. It is expensive. It creates a have been able, in the next 20 years, to increase in trees in the United States huge new bureaucracy. It assumes that do one other project like that? No, we since they absorb CO2 and put out oxy- technology is further along than it have not. Why not? Because restrictive gen. The United States has had a sig- truly is, and it ignores the fact that policies in Washington by Congress nificant increase in trees over its his- nations such as China and India do not have held us back. Don’t try to make tory, and studies have shown that the and will not have similar programs. We things better; try to keep them the trees absorb more CO2 than the people need a bill that spurs innovation and same. That is not a good policy. of the United States put out. The other recognizes what is possible with tech- The Lieberman-Warner bill is an ex- countries wouldn’t allow that since the nology. What we need is a bill that rec- ample of a similar policy. Instead of conference every year is an economic ognizes that if we want a clean envi- recognizing that, if given the proper conference, not an environmental con- ronment, we cannot destroy our econ- tools, American innovation can solve ference. omy. any climate crisis, instead of trusting Here is how the cap and trade will I figured out when I was mayor of that industries will make advances and work. Actually, here is how cap and Gillette and we were going to have a will improve technology, providing trade will shift wealth. Landowners coal boom that we could wait to be run they can pass the cost on, the bill as- who have trees on their land can put over or we could work to realize the sumes that technologies are far ahead their trees’ CO2 absorption on the mar- benefits from development. We worked of where they truly are. And it does so ket. They can do that right now. The with the mines. We got the necessary at a tremendous cost to consumers. same trees that have been absorbing facilities and amenities their employ- You may be paying for huge costs that and transforming—that the world will ees would like. We made sure they did may not make any difference. not credit—will now be paid to do what a reclamation job that makes us proud. There are so many studies on this they have always done. And you will You see, Wyoming coal is a clean coal. subject that you cannot count them pay for it at the gas pump and when We ship it to all 50 States. Other States all. The bottom line is you can count you flip the electric switch, or when mix their coal with ours to meet the on the fact that this bill will be expen- your furnace or water heater come on. clean coal standards. sive. You can explain it any way you That is right, the companies will buy In the early days of my hometown’s want, but it will increase the energy the cap-and-trade credits for the trees coal boom, the critics of coal said, cost of all you hard-working Ameri- and other absorbers, but you will pay it ‘‘Don’t let them tear that area up. It is cans. I have heard a lot of my col- because it will be passed on. not reclaimable.’’ Today, visitors in leagues talk about the struggling mid- I want everybody listening to vis- Gillette say, ‘‘Don’t let them tear that dle class. Well, if you implement a pol- ualize opening their utility bill the lush land up.’’ And I have to say, ‘‘That icy that will significantly increase en- month after this bill goes into effect. is where the mine used to be, and that ergy prices, the middle class will strug- Can you see your shocked look as the area is where the mine is headed.’’ gle even more. already high bill is now 50 percent Most of those visitors then say, ‘‘Let There is also a lot of talk about the higher? But that is nothing. Visualize the mines move ahead if they can im- need for the United States to be the how high your bill will go when you get prove it like that.’’ Of course, the next leader on climate policy. People argue into the spirit of selling credits. Specu- generation is going to say, ‘‘You moved that if the United States acts, the lation has driven up oil costs. Cap and all that dirt and you didn’t make a big- world will follow. Europe is working to trade will result in speculation as well. ger difference than that?’’ The mining meet the greenhouse gas reduction You will wonder what happened to companies have to put the contours standard they set up, but they are your utilities, and they will tell you back exactly as they found it. That doing it by shipping their manufac- that Washington foisted this expense comes from one-size-fits-all legislation. turing to India and China because on you. The utilities will explain how People in the East got upset about those countries don’t have to meet any Congress forced them to buy CO2 cred- mountaintop removal, and they should sort of standards. I don’t want the its to stop global warming. If there be upset when that occurs. But we United States to do the same thing. I were a carbon tax—and I am not sug- mine coal differently in Wyoming. Our want the jobs here. Presidential can- gesting any new tax—if it were a car- coal is in 60- to 90-foot seams under a didates are complaining about jobs bon tax, it would at least be in propor- few feet of dirt. going overseas. Whose jobs will be tion to what you yourself used and When we talk about coal mining, the shipped out because of this bill? I can- could be transparent. If this bill be- first question should be: What would be not support a bill such as this, which comes law, you should visualize what hurt by mining? Second, we should ask: does little to include the developing will happen when you fill up your auto- Can we improve what was there before? world in this effort. We have already mobile. If you have a job in manufac- Are there any local needs that could be reduced our logging, and those jobs turing, imagine what will happen to

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.051 S03JNPT1 jbell on PROD1PC69 with SENATE S4938 CONGRESSIONAL RECORD — SENATE June 3, 2008 your job when India and China, that The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- have no constraints, get your job be- ator has used 21⁄2 minutes. ator has 7 minutes remaining, and that cause their energy, with no environ- Mrs. BOXER. I yield to the Senator time apparently was not yielded back. mental controls, is cheaper. Without a from Connecticut. Mrs. BOXER. I have a parliamentary way to increase energy supplies that The PRESIDING OFFICER. The Sen- inquiry. we rely on every day, so that prices ator from Connecticut. The PRESIDING OFFICER. The Sen- will come down, this bill is out of step Mr. LIEBERMAN. Mr. President, I ator from California. with the times and will cost you dol- thank my colleague from California. In Mrs. BOXER. I understand Senator lars—and perhaps your job. the midst of all the attacks being made WHITEHOUSE tried to reclaim his time, I yield the floor. against the Climate Security Act, and he was not allowed to do it. Was he The PRESIDING OFFICER. The Sen- something may be missed by those who at the end of the day? It took a new ator from California. are listening or watching. We have a consent agreement. Do we wish to now Mrs. BOXER. Mr. President, if the problem. It is called global warming. have a new consent agreement that Senator has completed, it is my under- This bill, according to the Environ- people can do half their time and re- standing I will have a 5-minute rebut- mental Protection Agency of the Bush claim their time later? Is that some- tal time; is that correct? administration, solves that problem, thing, I say to Senator ALEXANDER, he The PRESIDING OFFICER. The Sen- protects us from the worst con- wants to do? I don’t mind it at all. I ator is correct. sequences of global warming. would like to have it in the agreement. Mrs. BOXER. I am going to make a I presume, because my friends on the Mr. ALEXANDER. Mr. President, as I few comments and then turn to Sen- other side are opposed to the bill, they understand it, that is what the practice ator LIEBERMAN. Can you tell me when don’t deal with either the reality of has been recently in the debate. I have used 21⁄2 minutes, please. Mrs. BOXER. Why don’t we formalize Let me say, new speaker, same talk- global warming or the fact that our bill ing points. Unbelievable. Not one of my solves it. They are blaming just about it? Mr. ALEXANDER. That would mean friends on the other side, not one, in everything but the common cold on our a Senator who had 20 minutes could re- my opinion, has offered anything to bill. combat global warming, to get us off One of the biggest deceptions is this serve an amount of time used for rebut- foreign oil—not one. It is unbelievable. business that this bill will increase tal. I checked the record. Let’s hold up gasoline prices. I presume that argu- Mrs. BOXER. As long as they use it these charts on oil. Here we go again. ment is being made because all of us immediately after the rebuttal, and It has been 7 years since George Bush and the American people are angry does that mean you get another rebut- took office, and gas prices have gone up about the increase in gasoline prices. tal? That is why this is a problem. The 250 percent. I did not hear my col- The truth is the Climate Security Act whole notion was for rebuttal after the leagues on the other side of the aisle will not increase gasoline prices, it will individual finished speaking. If some- saying: Oh, my people are hurting, let’s decrease gasoline prices because it will body withholds, it is very complicated. go to the oil companies; we know the decrease our reliance on oil. In reduc- The PRESIDING OFFICER. Does the executives are earning many millions. ing carbon emissions, we have to stop Senator wish to make a unanimous Nothing. using oil and use other ways to power consent request? Let’s look at what happened in the our vehicles and that reduces the de- Mrs. BOXER. I would like to keep it past 9 months, since January 7: an 82- mand for oil. the way it is but make an exception cent increase. My colleagues, silent. Look at this chart. This is a study now for Senator ENZI because I feel Now they are worried, just when we done by the International Resources like he didn’t know that rule. I would can get off foreign oil, just when we Group, an economic consulting firm. like to keep it the way it is and not be have a plan to do it, we can say good- This is the line for what oil imports able to yield back time. You have your bye to big oil, out of the stranglehold, will be in 2015 if we do not pass this time, we have the rebuttal, we move oh, they are suddenly concerned be- bill: about 15 million barrels a day. on. I object to changing it, except in cause gas prices could go up 2 cents a Here is the line for 2191 if the Climate this circumstance, allowing Senator year, which, by the way, is the outside Security Act passes: down 58 percent, ENZI to have that 3 minutes. limit and we know, because of fuel 6.4 million barrels a day, the lowest Mr. CORKER. Reserving the right to economy we passed, is not going to im- amount of imported oil in this country object, I think we already have a unan- pact our people. since 1986. That is 8.4 million barrels imous consent agreement that says ex- Let’s look to June 2007. The Senate per day less imported into the United actly what is happening right now. My rejected an effort by Senator BAUCUS States. thought was we would have a debate on to provide tax credits to renewable en- We know there is speculation in the the floor. ergy by closing loopholes for the oil in- oil market, but the laws of supply and Mrs. BOXER. Excuse me, if Senator dustry that is taking all the money demand still have some effect. If we CORKER objects—— from my people and your people and can reduce demand for oil that much, The PRESIDING OFFICER. The Sen- the hard workers of America: 47 Demo- we are going to reduce the cost of gaso- ator from California will withhold. crats said yes; 34 Republicans said no. line. That is what this bill is all about. Mr. ENZI. I was here for the previous In November 2005, an amendment by It is going to take that money and in- discussion, and it was my under- Senator CANTWELL to establish a na- vest it in the kind of new technologies standing that the train had to continue tional goal of reducing our dependence America has been waiting for, and they on time, but it was set up that it would on foreign oil so the President does not exist. flow, that we could withhold shortly have to go hold hands with a Saudi So let’s go from the attack to some- and then have a slight rebuttal after prince, let’s see what happened then: 45 thing positive. Let’s protect our chil- the rebuttal. Democrats voted yes, but 52 Repub- dren and grandchildren from global The PRESIDING OFFICER. The Sen- licans said, no, they don’t want to be warming caused by carbon pollution. ator from California has a unanimous energy independent. That is what this I thank the Chair. consent request pending and that unan- is about. All these crocodile tears, and The PRESIDING OFFICER. Under imous consent request is that Senator you will hear it time and time again. the order, the Senator from Pennsyl- ENZI be able to retain his 7 minutes Where were they when we tried to do vania is to be next for a period up to 15 and thereafter Senators with allotted something about oil prices? How about minutes. time under the current order must use in November 2005, an amendment by Mr. ENZI. Mr. President, I believe I that time in one block. Senator CANTWELL to create a new Fed- have 6 minutes remaining on my 20 Mrs. BOXER. I am going to amend eral ban on price gouging: 45 Demo- minutes. that. crats yes; 42 Republicans no. The PRESIDING OFFICER. Did the The PRESIDING OFFICER. That is Don’t listen to this. This is a phony Senator wish to retain his time? the unanimous consent request of the attack just when we are ready to get Mr. ENZI. I certainly wish to retain a Senator from California. Is there objec- off foreign oil. portion of it. tion?

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.052 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4939 Mr. CORKER. I object. against the time allocated to the Sen- but we are confronting challenges with Mrs. BOXER. Then he cannot speak. ator from Virginia. American innovation, American inge- The PRESIDING OFFICER. The Sen- Mrs. BOXER. Mr. President, I suggest nuity, the can-do spirit of the Amer- ator from Tennessee objects. the absence of a quorum. ican people, and the skill of the Amer- Mr. CORKER. That is the order that The PRESIDING OFFICER. The ican people in leading the world in con- is on the floor. You can’t change the clerk will call the roll. fronting a difficult challenge. So I rules. The bill clerk proceeded to call the think that is something we should rec- Mrs. BOXER. That is not the order. roll. ognize: that this is a good opportunity Mr. CORKER. That is the order. The Mrs. BOXER. Mr. President, I ask for the American people not only to fact is the order is if people have re- unanimous consent that the order for confront the crisis of global warming, maining time, they can speak after re- the quorum call be rescinded. but also to create jobs, to build a buttal. That is exactly right. The PRESIDING OFFICER. Without stronger economy, to reduce our de- Mr. ALEXANDER. Parliamentary in- objection, it is so ordered. pendence on foreign oil, and to do quiry, Mr. President: Could the Chair Mrs. BOXER. Mr. President, I am something very significant on the ques- state the existing unanimous consent thrilled to report the white smoke is tion of what happens to our planet. agreement? coming out, and we have reached The authors of this bill have worked The PRESIDING OFFICER. The Sen- agreement on how to proceed. We are to include a number of things that are ator from California and the Senator going to keep the order—and I hope ev- important to me, especially a program from Tennessee will hold on for a eryone will make sure I am saying this in this bill that is critical to the secu- minute. The understanding of the right—keep the order the way it is. The rity of American workers—the Climate Chair at this point is that Senators use only exception is, if a Senator wants to Change Workers Assistance Program. their allotted time and then there is up question another Senator, that Senator In short, what this program will do is to 5 minutes for rebuttal. If the Sen- will do it off of the time they already make sure that workers who are ad- ator does not use the entire allotted have. versely affected will have wages, they time during the one block, then time is The PRESIDING OFFICER. Is there will have health care benefits, and they yielded back and nothing is reclaimed. objection? will have the intensive training they That is the understanding of the Chair Hearing no objection, it is so ordered. need to make the transition that will with respect to the unanimous consent Mrs. BOXER. That is wonderful. Now happen to some of our workers. This order in place. That unanimous con- I believe we go to Senator CASEY for 15 program will also provide a link be- sent agreement was enforced with re- minutes. tween creating new manufacturing jobs spect to Senator WHITEHOUSE, who The PRESIDING OFFICER. The Sen- in the future and helping transition to asked consent to be granted an addi- ator from Pennsylvania. those new jobs of the future over time. tional minute, which time he had not Mr. CASEY. Mr. President, we are This program is also a safety net in- previously used. making history today in the Senate be- tended to give American families peace The Senator from Tennessee. cause this is the first global warming of mind that they will not be left be- Mr. CORKER. Mr. President, that bill that has reached the floor for a full hind as we build a new economy with was not the understanding Senator debate and vote. Congress has, in the these new jobs. INHOFE had left me with. However, I re- past, as we know, considered symbolic That is the key point. Americans spect the Chair. If that is the ruling, global warming legislation, but this is have called on us—have called on us— then I do not object. I thank the Sen- the first time that we are working on to take action and to prevent global ator from California for her courtesy in the details—how to create a national warming, and they are willing to do a giving Senator ENZI his remaining policy to slow, stop, and reverse the lot of the hard work to implement a time. catastrophic global warming that we national program to secure our collec- The PRESIDING OFFICER. The Sen- see across the world. At the same time, tive future. Together, we can do this. ator from California. this legislation and this debate could We know we can do this. America has Mrs. BOXER. Mr. President, I wish to not be more important to our economy always been able to confront difficult amend my UC to say that there be 2 and our national security. challenges, whether that challenge was minutes of rebuttal, after Senator ENZI This bill is very simple. There is a lot the Depression or a World War or any completes his 7 minutes, to be con- of complexity to it, obviously, but at challenge presented to us. We have met trolled by myself. its core it is very simple. It is about those challenges just as we are meeting The PRESIDING OFFICER. Is there creating jobs, first of all; it is about the challenge that is global warming. objection? protecting God’s creation; and it is also We can stop global warming at the Mr. WARNER. Reserving the right to about enhancing our national security same time that we create a robust new object. and, indeed, the world’s security. It is economy that will provide good jobs for The PRESIDING OFFICER. The Sen- not a perfect bill, but it is a good bill our families. ator from Virginia. on which to build a national program There is a lot of talk about the cost Mr. WARNER. Let us make it clear to reduce greenhouse gas emissions. of this bill, and there is no question that the value of this debate, not just I do want to commend several Mem- that there are costs. But I also worry to ourselves but to the American pub- bers of the Senate: Senators about the cost to our families. All of us lic, is to have some exchange between LIEBERMAN and WARNER, Senator worry about that. People are working us and to have a little followup and BOXER, and so many others who have so hard just to make ends meet. This some questioning. I hope nothing that worked so many years on this legisla- bill contains programs to directly ad- has been said thus far will restrict a tion, and especially worked in the last dress these concerns, including a paid- Senator—for example, my dear friend year and the last 6 months to bring for tax policy to return money to con- who is about to speak, I would like to this to where we are today. These Sen- sumers to offset increased costs and ask him a question and then that be ators, with help from other Members of special assistance for States such as charged against my time. Is that to be the Senate, have crafted a bill that in- Pennsylvania, my home State, that in any way obstructed by that proce- cludes all of the major policy issues rely on manufacturing and coal as a dure which we normally follow—I as- that we must address: the cost to major part of their economy. sume you will accept the question or American families, job creation, work- But to this discussion of cost I want- maybe equally divide the time so we er protection, focusing on developing ed to add something opponents of this have some colloquy taking place. nations that will soon be the largest bill don’t talk much about, and that is The PRESIDING OFFICER. It would emitters of carbon, and keeping Amer- the cost of inaction, the cost of doing take consent to enter into that form of ica competitive internationally. nothing, which many in this Chamber colloquy. At its core, this bill also recognizes apparently believe we should do—do Mr. WARNER. I beg your pardon. and celebrates the best of the Amer- nothing and hope it gets better; talk The PRESIDING OFFICER. It would ican spirit. We are confronting chal- about it and talk about it and do noth- take consent for the time to be charged lenges in this bill, no doubt about that, ing and wait for another day. While

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.053 S03JNPT1 jbell on PROD1PC69 with SENATE S4940 CONGRESSIONAL RECORD — SENATE June 3, 2008 there is certainly a cost to imple- port a windfall profits tax but support Mr. ALEXANDER. Mr. President, menting this legislation, there is also a measures that we have introduced al- this is an important day in the Senate cost if we sit back and do nothing. Not ready—and I hope we can have a vote because we are debating an important only will it be more expensive to ad- on this—to focus on excessive specula- issue. It is one the country cares about dress global warming the longer we tion that is in the market right now? and should care about. It is one which wait, we can expect even greater costs So there is a lot we can do right now a great number of Senators here on in terms of major storms and weather to bring down the cost of gasoline, or both sides of the aisle have discussed. I events, increased wildfires, loss of food at least try, but it seems the other side congratulate Senator WARNER and Sen- crops, and so many things that we are of the aisle just wants to talk about ator LIEBERMAN for their leadership. seeing playing out right before our bringing gas prices down but does not The chairman of the Environment and eyes today in the world. want to do it. Public Works Committee is here. She Just last week, a report commis- I think this Climate Security Act is has worked diligently on this and made sioned by the U.S. Department of Agri- one way not only to deal with our en- it a priority. We are doing what the culture acknowledged the impact glob- ergy challenges but to do our best to Senate ought to do. al warming could have on crop disas- protect God’s creation, to enhance our What the American people do not ters. We already know what happens national security, and to create lots like is when they see us engaged in when grain crops fail due to drought and lots of jobs for our families and for what I like to call playpen politics— and flooding in different parts of the our future. when we start trying to see who can globe. It is happening right now. Lack Mr. President, I yield the floor. stick fingers in each other’s eyes. What of crops and increased costs of staples, The PRESIDING OFFICER. Who they do like to see is for us to have such as wheat and rice, are causing yields time? principled, vigorous debates about im- food riots in some countries. By one es- Mr. ALEXANDER. Mr. President, I portant issues that have to do with the timate, one-fifth of the world’s nations yield to the Senator from Tennessee up future of our country, and how we deal are in a food insecurity situation right to 5 minutes to rebut the Senator from with climate change is one of those now, as we speak. Pennsylvania. issues. So this is not just a humanitarian The PRESIDING OFFICER. The Sen- That is how we are dealing with this. crisis for those people and their coun- ator from Tennessee is recognized. We voted by a large margin, Democrats Mr. CORKER. I thank the senior Sen- tries, this is also a national and inter- and Republicans both, to proceed with ator from Tennessee. I will only take a national security threat—that threat this debate and say this is important moment. being food insecurity—caused by a I enjoy so much working with the enough to put on the floor. The major- number of events and causes but espe- Senator from Pennsylvania. We came ity leader apparently is giving us a sig- cially the challenge that we have of in at the same time and I appreciate nificant amount of time to debate global warming because that is con- the points he made. I actually wish to this—as we say in Tennessee, to air out tributing to that food insecurity. To more fully address the comments made the issues—and that is surely what we sit back and do nothing about global by the bill manager, the Senator from ought to do. We began this morning in a bipar- warming when we see this path ahead California, and say that I don’t see any tisan breakfast. Senator LIEBERMAN of us and have heard the warnings from crocodile tears coming from this desk. and I are the hosts, along with some scientists all over the world would be The fact is, we will be offering mean- others, of a bipartisan breakfast on not just the wrong policy—to do noth- ingful amendments that focus on this Tuesday mornings. The Presiding Offi- ing on global warming—it would, in legislation, with no excuses. I know the cer often attends those meetings as fact, in my judgment, be immoral. senior Senator from Tennessee has So I support the Climate Security well. The purpose of that is for Demo- been in the forefront of this issue for Act, and I will vote in favor of its pas- crats and Republicans to sit around a some time. I think all of us realize that sage. table in a room, with no staff and no while gasoline prices have increased no Before I give up the floor, I have media, and discuss issues about which doubt over the last 7 years, no doubt heard a lot of discussion in the last day we do not agree in hopes we can find a this bill will cause gasoline prices to or so from people criticizing this legis- way to deal with them. lation, about a number of parts of the continue to increase. This is an important day in the Sen- I think there is a big discussion bill they do not like. But one of the ate. We are doing exactly what we about what we do with the revenues things they keep pointing to is gas ought to be doing on an issue of impor- generated by this bill. That is a legiti- prices. Senator BOXER and others have tance to the American people. The mate argument. We all realize there is used the chart that talks about the Lieberman-Warner bill is the basis for a tremendous transference of wealth price increase of gasoline since Presi- this discussion. We are going to be that takes place in this bill. All we are dent Bush has been in office, an exorbi- hearing this week a lot of criticisms of trying to do is cause this bill to be tant increase in the cost of gasoline. the Lieberman-Warner bill and I am more pure and at the same time to try But I have to ask my friends on the going to make some of them myself. to link it toward energy security. I am other side of the aisle who keep talking But that is not to criticize the effort, looking forward to the amendment about this bill increasing gas prices— because we have to start somewhere. process. and, frankly, it would not do that over I thank the Senator from Virginia for These are two of our most distin- time. We know from some of the data adding so much to the tone of debate guished Members. The bill has gone that has been presented that this bill we are having here. through the committee and it is now will bring down the cost of gasoline. I yield back my time to the Senator on the floor. We would be derelict if we But let’s say they are really concerned from Tennessee for not only rebuttal didn’t say let’s deal with climate about this part of the legislation. Let’s but his comments about the bill itself. change in the correct way. just say they are trying to make their The PRESIDING OFFICER. The Sen- What I wish to do in the time I have point about gas prices. ator from Tennessee is recognized. remaining is to talk about three If they are so concerned about gas Mr. ALEXANDER. Mr. President, I things: No. 1, what is wrong with this prices today, why don’t they support, understand under the regular order bill; No. 2, to suggest a better way to as we have tried to push on this side of that leaves me with a couple of min- deal with the climate change issue; and the aisle, strategies to bring down that utes plus 20 minutes, is that correct? No. 3, to suggest what I believe is the cost or to, at a minimum, provide some The PRESIDING OFFICER. The Sen- best way to deal with the entire range measure of relief to our families? ator has 3 minutes for rebuttal and of issues that are presented to us which How about a windfall profits tax? If then 20 minutes. I believe are much larger than climate people really are worried about gaso- Mr. ALEXANDER. May I ask the change. line prices, why don’t critics of the bill Chair to let me know when 3 minutes Let me jump to the end of my re- support that? Why don’t the critics of remains in my time. marks at the beginning by simply say- the bill, if they are so worried about The PRESIDING OFFICER. The Sen- ing: I believe climate change is a real families and gas prices, not only sup- ator will be so notified. issue, that humans are a contributor to

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.054 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4941 climate change, and we must deal with The second thing wrong with the bill change? The answer is, I believe so. I it. But I also believe that an unusual is that the Environmental Protection wish to say briefly what I think that is. demand for energy in the United States Agency says a 53-cent gas tax increase I believe it would be to put a cap-and- and the world is a real issue. In our re- may hurt the pocketbook of the Amer- trade system on powerplants alone— gion where the Tennessee Valley Au- ican consumer, but it will not reduce that is 40 percent of the carbon pro- thority produces about—— the carbon. It is not enough to cause duced in the American economy—and a The PRESIDING OFFICER. The re- people to drive much less and it is an low-carbon fuel standard on fuel. A buttal time of the Senator has expired. ineffective way to do what the sponsors low-carbon fuel standard, which is al- Mr. ALEXANDER. I thank the Chair. of the bill want to do, so we would have ready in this legislation, is very simply In our region where the Tennessee the worst of both worlds—we would be the idea that beginning in the year 2023 Valley Authority produces about 3 per- increasing the gas tax by 53 cents per we would control the amount of carbon cent of all electricity in the country, gallon, and we would not be doing what that fuel in cars and trucks could estimates are that we would need 700 we aim to do which is to reduce carbon produce, and that is it. In other words, new megawatts of power in the next with that effort. instead of putting cap and trade on the year. That is a coal plant and a half. The third thing wrong with the bill is whole economy as the Lieberman-War- That means 30 or 40 new coal plants it creates, over the next 10 years—ac- ner bill would do, we should only put around the country just to meet that, cording to the Congressional Budget cap and trade on powerplants—nothing if the rest of the country is like TVA. Office—what I would call a trillion dol- else—and use a different approach for That is a real issue as well. lar slush fund. It would collect fuel. Our Nation’s overreliance on oil from money—in effect a carbon tax, through Why would cap and trade work for other countries is a huge issue for us. a cap-and-trade system on the entire powerplants? We have a lot of experi- We don’t like being in the pocket of economy of the United States—and ence with cap and trade for power- people who are selling us oil, including bring it to Washington, DC, where plants. Cap and trade is simply a sys- some who are trying to kill us by Members of Congress would, over the tem of setting limits on the amount of bankrolling terrorism. We want to be next 40 years, create about 42 manda- carbon to come out of the smokestacks more independent than that in the tory entitlement spending programs at a powerplant—if it is a coal plant or world. It affects almost every aspect of for that money. Nothing is more dan- whatever kind of plant it might be. We our national security. It is costing $500 gerous in Washington, DC than a $1 have experience with measuring that. billion a year. Overdependence on for- trillion slush fund with a group of Con- We actually have measurements for eign oil is driving down the value of gressmen with ideas about how to sulfur, nitrogen, and now mercury. We the dollar. That lack of independence spend it. could do it for carbon. We could select in our supply is a major issue. My cure for that, and I think there effective enforcement dates that had Clean air is an issue. Carbon is not will be amendments to this effect, is some realistic relationship to the de- the only pollutant in the air that I am that to the extent there is any money velopment of technology—for example, concerned about, coming from Ten- brought into Washington as a result of the technology to recapture the carbon nessee, nor would it be for a Senator a cap-and-trade auction—whether it is that comes out of coal plants. And, in from California either. We have a real only on powerplants or the whole econ- doing so, I believe that could be an ef- concern about sulfur, nitrogen, and omy—that money ought to be returned fective way to begin to control the mercury. I have, since I have been in directly to the taxpayers, especially source of 40 percent of the carbon pro- the Senate, supported legislation in a the working people who will be having duced in the United States—the power- bipartisan way—first with Senator to pay for the higher electric rates or plants. CARPER—to stiffen requirements on the higher gas prices caused by this Would it add to the cost of elec- mercury, nitrogen, and sulfur as well legislation. tricity? Yes, it would. What would we as begin to cap powerplant emissions Those are three problems I have with do with the revenues from credits that for carbon. That is a little different the bill. No. 1, the 53-cent-per-gallon were auctioned if there were a cap-and- perspective as well, rather than just gas tax increase—that is what the EPA trade system? We would give the saying carbon is the only problem. says. I don’t think anyone doubts that. money back. Not through a lot of fed- There is a range of problems we need to No. 2, it doesn’t work because the EPA eral spending programs, not to the deal with. also says—and so does other testimony State governments, not to pet projects; My preference, as I will say in my re- before the committee of which Senator we would give it straight back to the marks, is that we should have a new BOXER is chairman—that an economy- working people to help pay their elec- Manhattan Project for clean energy wide cap on fuel is not an effective way tric bills because they are the ones who independence. That is the real way to to reduce the amount of carbon pro- would have those higher rates. deal with high gas prices, high electric duced, at least in the early years. And That would leave manufacturers prices, climate change, clean air, and third is the trillion dollar slush fund alone. It wouldn’t drive them overseas. the national security implications of for Members of Congress to use for It would avoid setting up all these too much dependence on foreign oil. their own great ideas they come up boards and commissions and czars and But let me go back to the beginning with. I can’t think of a worse way to government bureaucracies. and start with some problems with this spend the money. Then what would we do about fuel? bill. It is well intentioned, but the bill as Already we have done the single most What is wrong with Lieberman-War- it has grown has become, in effect, important thing we could do as a Con- ner? The first thing wrong is that the with all respect, a well-intentioned gress for climate change when we Warner-Lieberman bill, according to an contraption and it creates boards and passed higher fuel efficiency standards analysis by the Environmental Protec- czars and commissioners and money, at the end of last year. We did that in tion Agency, would increase the tax on and it is too complicated and too ex- a bipartisan way, too. In 2007, we in- gasoline by 53 cents per gallon by the pensive. It has the potential for too creased by 40 percent the fuel effi- year 2030, and an additional 90 cents or many surprises. It overestimates what ciency standards for cars and trucks in so after that. That’s a 53-cent-per-gal- we in the United States have the wis- the United States for the first time in lon gas tax increase, according to the dom to do in writing legislation about over 30 years. Testimony from David Environmental Protection Agency. an economy that produces about 30 per- Greene of the Oak Ridge National Lab- That is not some Republican policy cent of all the wealth in the world oratory said that is the single most im- group speaking—that is the EPA. every year and uses 25 percent of the portant thing the Congress can do to I intend, when the opportunity energy. This is a very complex free deal with climate change, overdepend- comes, to offer an amendment to strike market economy we have here and we ence on foreign oil, or clean air. And from the bill the provisions that would have to be very careful about how we we did it. That is the first thing. put a 53-cent gas tax increase on the affect it. But there is another step we could do American people. That is the first Having said that, would there be a and that is already in this bill. It is the thing wrong with the bill. better way to deal with climate low-carbon fuel standard that I talked

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.055 S03JNPT1 jbell on PROD1PC69 with SENATE S4942 CONGRESSIONAL RECORD — SENATE June 3, 2008 about a few moments ago. As it is now Finally, how much time do I have re- gas tax. It in a way is so ironic, be- presented in the bill, it would require maining? cause when they had a chance to help fuel suppliers to lower the carbon con- The PRESIDING OFFICER. The Sen- us deal with gas prices, where were tent of transportation fuels by 5 per- ator has 11⁄2 minutes. I stand corrected. they? My friend, Senator ALEXANDER, cent less per unit of energy in 2023, and The Senator has 41⁄2 minutes. says gas prices are going up 52 cents. 10 percent less in 2028. The advantage Mr. ALEXANDER. Finally, the best He didn’t tell you it is over 20 years, of a low-carbon fuel standard, unlike way to deal with the climate change folks. He didn’t tell you that, 2.5 cents the cap-and-trade system which is inef- issue would be a different agenda—one a year, if he is right, and he is not fective in terms of reducing carbon in that focuses on clean energy. I would right. That is the outer limit. The fuel, is that it would be 100 percent ef- much prefer to see the Senate today automobile fuel economy standard we fective because it would require a cer- talking about clean energy independ- passed will negate that, even if it is tain amount of reduction. Second, it is ence rather than the President asking true. But where was he? Where were the way we normally deal with fuel and the Saudis to drill for more oil or the they? pollution. For example, the low-sulfur Democratic majority saying: Don’t ex- We had three initiatives, we Demo- diesel standards for big trucks that the plore for oil but raise taxes on gasoline crats. They said nothing. Now, when we Clinton EPA started and the Bush EPA by 53 cents per gallon. I would rather are on the brink of getting off foreign finished is making a big difference in see a Republican or a Democratic oil, getting off big oil, suddenly we can the Smoky Mountains of Tennessee by President work with the Congress and do nothing. It is sad, but that is the reducing the amount of sulfur in the say: Let’s say to the world we are going case. air starting this year. That is a form of to launch a new Manhattan Project for What we are forgetting—and not one fuel standard. This would be a low-car- clean energy independence. So within 5 Republican has talked about this issue bon fuel standard, just like the low-sul- years we will be well on our way to except for Senator WARNER, and I am fur diesel standard is for big trucks. It saying to the Saudis: We want to be happy to say Senator SNOWE is on her is simple. There would be a timeline your friends, but we can take or leave way to speak—the National Academy that we could prepare for, and it might your oil. of Sciences concluded that climate actually lower gasoline prices rather The way to do that would be, first, to change is real, attributed to human ac- than adding 53 cents per gallon to the begin to do the things we know how to tivities, and that global warming is un- price of gasoline as the Lieberman- do to increase supply. For the next 30 equivocal, and we need to do something Warner bill would, because if you know years, we are going to use oil; it might about it. that there needs to be a low-carbon as well be ours rather than importing The human health impacts, these fuel standard, then you might, for ex- it. Explore for oil offshore, and use it come straight from the Bush adminis- ample, choose electricity as a fuel and from the 2,000 acres in Alaska that is tration people: Increase in the fre- have a plug-in hybrid vehicle and that next to 13 million acres of wilderness. quency and duration of heat waves and would reduce the amount of carbon for Then agree on six or seven grand chal- heat-related illness, increase in water- fuel. Or you might advance research for lenges, such as those I suggested at the borne diseases, increased respiratory biofuels made from crops we don’t eat, Oak Ridge National Laboratory a cou- diseases. All they can talk about is 2 such as cellulosic ethanol, and use ple of weeks ago, to give us a chance to cents a year on gas prices, which isn’t more of that kind of fuel. But we make breakthroughs that would give going to happen because we are going wouldn’t have Senators and Congress- us that kind of clean energy independ- to get off foreign oil. Increased res- men and people who are elected to of- ence. Those would include making piratory disease, lung disease, asthma, fice making judgments about picking plug-in cars and trucks commonplace, if we don’t act. Children and the elder- and choosing winners and losers. a crash program for carbon recapture, ly are vulnerable. I don’t hear any talk If you are asking me how I would do for making solar costs equal or as low about that. All we hear about is 2 cents it, I would imagine that if we looked as fossil fuel costs, advanced research a year on gas, which we are not going ahead a couple years and had to guess for biofuels from crops that we don’t to see either. The polar bears, we know today what kind of climate change leg- eat, more new green buildings, even fu- they are in deep trouble. They are islation might actually pass the Sen- sion for the longer term. God’s creatures, God’s creatures. We ate, the House of Representatives, and I believe from the day the American have a responsibility to protect the 40 be signed by the President, I think it President and the Congress announced percent of the species that could be ex- will be a very simple piece of legisla- to the world that we were engaged in a tinct. tion, probably cap and trade for power- new Manhattan Project for clean en- Let me close my part by saying this. plants, with effective dates regulated ergy independence that included both Evangelicals, the Conference of Catho- or adjusted to the development of tech- supply, demand, and research, what lic Bishops, the National Council of nology that would permit powerplants would happen is that the rest of the Churches, the Religious Action Center to meet the standards. Then, for fuel, world would change its way of think- of Reform Judaism, the Jewish Council it would be the higher fuel efficiency ing, that the speculators would get for Public Affairs, the Interfaith Power standards we already passed into law nervous, that the oil-producing coun- and Light Campaign—these dedicated last year, plus a low-carbon fuel stand- tries would get real, and that the price religious leaders have joined hands ard. That would cover two-thirds of the of gas would stabilize and eventually with us. Why? Because they feel this is carbon we produce in the United go down. Within 5 years, we would be a moral issue. We believe jobs will be States. The current bill only presumes well on our way to clean energy inde- created. Businesses will be created. to cover 85 percent. The approach I am pendence. That is the way to deal with Technologies will come to the fore and suggesting would fairly distribute the high gas prices, high electric prices. will solve the global warming problem. burden because most people buy elec- That is also the way to deal with clean I yield the remainder of my time to tricity and most people buy gasoline. It air, climate change, and the national Senator LIEBERMAN, if he wishes to should be lower cost, fewer surprises, security implications of our over- share it. and much less complicated than the dependence on foreign oil. Mr. LIEBERMAN. Is there time re- bill we are debating in the Senate I yield the floor. maining? today. The PRESIDING OFFICER. There is The PRESIDING OFFICER. There is I might add to that framework I sug- now 5 minutes available for rebuttal. 2 minutes remaining. gested, we would take whatever money The Senator from California. Mr. LIEBERMAN. I yield to Senator was auctioned off in the cap-and-trade Mrs. BOXER. Mr. President, Senator WARNER. system on powerplants and—rather LIEBERMAN and I had planned to share Mr. WARNER. Mr. President, before than building what I call a slush fund— this, but if Senator WARNER wishes to my distinguished colleague from Ten- refund it to the taxpayers. That money jump in, we will try to yield him some nessee leaves the floor, I listened to his would come right in and go right back time. Let me say this one more time: proposal, just taking out the power in- home, right back to the taxpayers. It Every Republican speaker who has dustry and use that. But the revenues wouldn’t stop. come to the floor has talked about a you gain by your bill, wouldn’t they be

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.056 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4943 subject to the same accusation? Is it a Mr. WARNER. Mr. President, the to take care of all of these situations. tax? I think it is a false accusation, but chairman is correct. I hope we do not have anybody saying I think your plan is basically a part of Mrs. BOXER. I wish to make that again: And for 42 years this will stay in our plan. If they call our plan a tax, point because I resent the Senator fixed cement, in place. It is not true. yours is a tax; am I correct? from Tennessee saying our bill is a Flexibility is at every turn. Mr. ALEXANDER. If I may answer slush fund. I yield the floor. the Senator briefly, the answer is, cor- Mr. ALEXANDER. Mr. President, I The PRESIDING OFFICER. The Sen- rect, to the Senator. resent being resented and ask unani- ator from Connecticut. Mr. WARNER. That is all I need to mous consent for a couple minutes to Mr. INHOFE. Mr. President, can I know. get into this colloquy, if I may. make a parliamentary inquiry? Mr. ALEXANDER. Except that the Mr. WARNER. I have no objection, Is the time that was used by the Sen- rest of my answer to the Senator from but where is the time coming from? I ator from Virginia going to be taken Virginia is, any increase in revenue would hope you could find it. from his time? that came into the Government as a re- Mrs. BOXER. He is asking unanimous Mrs. BOXER. Yes. sult of the cap-and-trade system on consent. Mr. INHOFE. The reason I ask is be- powerplants would then go straight Mr. INHOFE. He is asking for addi- cause we have a lot of people who have back to the working people who pay tional time. lined up afterwards who do not want to their electric bills instead of coming Mrs. BOXER. That is fine with me. wait much longer. into the unwieldy contraption this bill The PRESIDING OFFICER. Without The PRESIDING OFFICER. On the sets up which creates what I call a objection, it is so ordered. The Senator parliamentary inquiry from the Sen- slush fund. from Tennessee. ator from Oklahoma, the time will be Mr. WARNER. Mr. President, I reply Mr. ALEXANDER. Mr. President, I charged against the Senator from Vir- to my good friend, your plan is just as am trying to get to a result here. Ever ginia. subject to the calls in here that it is a since I have been a Senator, I have pro- The Senator from Connecticut. tax as is ours. But you send it back to posed a cap-and-trade system on power- Mr. LIEBERMAN. Mr. President, I the taxpayers. What we do is to give it plants to deal with climate change. All yield myself some time from the 20 to research and technology to try and I am saying is it would be better to minutes I have allotted on the list. improve the efficiency of the spectrum keep it simple, to take the money col- The PRESIDING OFFICER. Is there of organizations. We will have a proper lected and send it straight back home objection? pie chart tomorrow, showing how we rather than bringing it up here and Mr. INHOFE. Mr. President, reserv- take the money we collect and send it putting it in a slush fund. If ‘‘slush ing the right to object, let me explain to research and development to im- fund’’ is offensive to the Senator from why. I know you are going to take it prove our ability to develop solar and California, I am sorry, but that is what from your time, but the problem is, we wind and all types of things. That is large funds tend to be here. It is man- have two speakers on this side who are the difference. You are, in a sense, a datory spending that is earmarked for pressed for time, and you are actually tax collection agency. You collect it the next 42 years. scheduled for after these two speakers. and give it back to the people. We col- So removing that slush fund would be So if you could wait until your time, it lect it the same way, but we then put an improvement on their bill. Take would be—— it into where technology will benefit that out. Send the money back to the Mr. LIEBERMAN. Mr. President, as the people. people. Return it to the individuals Mr. ALEXANDER, the Senator from Ten- Mrs. BOXER. Will the Senator yield who paid it. That is all I am sug- nessee, did, I ask unanimous consent for a question on his time? gesting. No one ought to be offended by for 2 minutes from my time to respond The PRESIDING OFFICER. The re- that. If we need to invest dollars in to something the Senator from Ten- buttal time on this matter for this pe- solar research, for example, I sponsored nessee said. riod has expired. the amendment for the solar energy The PRESIDING OFFICER. Is there Mrs. BOXER. I was asking if the Sen- tax credit that is in the law now. Let’s objection? ator could use some of his own time. do that separately and with a clear ap- Without objection, it is so ordered. Mr. WARNER. I yield to the manager propriation, rather than a 42-year man- The Senator from Connecticut. part of my time for the purpose of a datory spending program that is drawn Mr. LIEBERMAN. Mr. President, two colloquy. The colloquy will add from $800 billion. points. One is on the discussion of an strength to this whole debate. I thank the Chair and Senators for increase in the cost of gasoline. There Mrs. BOXER. It is the colloquy that their courtesy. was a lot of citing from Senator ALEX- I believe is important because my The PRESIDING OFFICER. The Sen- ANDER and others about the projection friend is so right. We approach the fu- ator from Virginia. of a 53-cent increase per gallon of gaso- ture with hope. We are not going to Mr. WARNER. Mr. President, if I line. Again, it is over 22 years, made by pull the covers over our heads. This is may take 2 minutes off my time to say EPA, 2008 to 2030. That is about a 2- America. We need to lead, and we need to my good friend, when you get up and cent-plus, at the outside, per year in- to lead in technology. We know ven- say it is going there for the next 42 crease in a gallon of gasoline. ture capitalists have told us they are years or whatever statement you made, I tell you, look at what it has done waiting for this bill. They are going to you are incorrect. In our managers’ this year. Just this year, in 8 months: invest more in new technologies than amendment, the substitute, whatever January 7, $3.11; May 26, $3.93—an 82- they ever did in biotech and high tech. comes up tomorrow—and that will be cent increase since the beginning of I wish to ask my friend this question: the order of business—we explicitly this year—compared to about a 2-cent It is true that we do have a very large give the President of the United States a year, outside, increase projected to tax cut in this bill; is that not so? the power at any time to come in and do something, which is to help us Mr. WARNER. Mr. President, the alter where those funds go. Of course, achieve the purpose of this bill, which chairman is correct. it requires the concurrence of the Con- is to reduce carbon pollution that Mrs. BOXER. Is it not so that we gress, so the Congress has a voice. causes global warming. That is the have a large, almost a trillion dollars There is nothing in our bill that acts point. of consumer relief that goes through in perpetuity. If at any time the Presi- The second point, and we are going to the utilities to help our consumers; is dent determines there is a crisis in the come back to this, Senator ALEX- that not correct? economy or that the technology, as re- ANDER—and we agree—sees there is a Mr. WARNER. Mr. President, the quired by the power sector to do the se- problem. He wants to deal with it in a chairman is correct. questration, is not there, the President mandatory way and agrees on cap and Mrs. BOXER. And lastly, is it not pulls back on the throttle. trade. But he only wants to do it for true that we have a deficit reduction So I would hope colleagues, when the powerplant sector. We think if you trust fund of about a trillion dollars as they get up to discuss this bill, recog- do that, and eliminate the oil and fuel well? nize that flexibility has been put in it sector, eliminate the industrial sector,

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.058 S03JNPT1 jbell on PROD1PC69 with SENATE S4944 CONGRESSIONAL RECORD — SENATE June 3, 2008 you are simply not going to get the re- think it is so critical for the future of gaged this issue in a proactive way as ductions in carbon pollution we need to this country. I do not think we can af- a nation. reduce global warming, and you are ford the option of inaction any longer. Indeed, it has been my concern re- going to diminish the marketplace. I think this is the time in which we garding global climate change that led A lot of the companies that want to have to engage in global leadership and me to accept an invitation in 2004 to be come in are going to be deprived of the to lead the way on this critical issue, the cochair of the International Cli- kind of broad marketplace we believe and not to forfeit what is essential, for mate Change Taskforce, established by will work best to stimulate innovation the United States to position itself on three respected ‘‘think tanks’’—the In- and to reduce the carbon pollution that one of the major environmental issues stitute for Public Policy Research in causes global warming. of all time. the United Kingdom, the Center for I thank the Chair and yield the floor. I thank the Senator from Virginia, American Progress in the United The PRESIDING OFFICER. Who for whom leadership has been the hall- States, and the Australian Institute. yields time? mark of his 29 years of service in the The Senator from Maine. Senate. That ennobling quality is now In working with my cochair, the Ms. SNOWE. Mr. President, I ask on display yet again today on this vital Right Honorable Stephen Byers of the unanimous consent to claim the 30 and timely issue before this body. United Kingdom, our goal was to de- minutes that was previously reserved We have arrived at this day, as this velop recommendations to blaze a trail for Senator CARPER. issue of global warming should no for engaging all countries to forge an The PRESIDING OFFICER. Without longer be open to serious skepticism. international consensus for action on objection, it is so ordered. This past week, the U.S. Government climate change, including the United Ms. SNOWE. Thank you, Mr. Presi- released a report that concluded that States, China, and India, which are not dent. climate change is affecting the Na- bound by the Kyoto Protocol, as we all I rise in support of the legislation tion’s ecosystems, causing significant know. that is pending and the substitute that changes, such as increasing incidences Subsequently, our task force pub- will be offered by the chair of the com- of severe storms in some areas, and lished a series of recommendations in mittee, Senator BOXER , to the water scarcities from the lack of rain January 2005, ‘‘Meeting the Climate Lieberman-Warner Climate Security and snowpack in others, along with in- Challenge.’’ Right at the top of our Act, which is obviously a historic sect outbreaks and forest fires. list, based on scientific consensus, was measure that is a benchmark for Amer- Looking to the future, in the words the necessity of preventing global tem- ica in confronting the pressing and per- of the U.S. Department of Agriculture peratures from rising more than 3.6 de- vasive threat of global climate change. report, ‘‘Even under the most opti- grees Fahrenheit, or 2 degrees Celsius, This is not a Democratic issue; it is mistic carbon dioxide emission sce- over the course of this century. Beyond not a Republican issue. It is not a con- narios, important changes in sea level, that 2-degree Celsius increase, the servative or liberal issue. This is a regional and super-regional tempera- planet would arrive at a tipping point— human issue. It is a planetary issue. It tures, and precipitation patterns will a potential abrupt climate change that is a moral issue. It is a matter and a have profound effects.’’ would have catastrophic effects on our question of stewardship, of responsi- The bottom line is, this debate is no ecosystems and our society. Already, bility not only to ourselves and the longer a question of science. It is now we have witnessed the early warning world in which we live but, most criti- a question of our political will to pro- signals, with the loss of Arctic Sea ice, cally, to a future we will never inhabit vide solutions to these problems. I be- for instance, that appears to be accel- but will largely determine based on de- lieve the substitute bill we will be de- erating faster than scientific models cisions we make now. bating later on this week, with an ap- only recently predicted. In that light, I express my profound proach that mirrors closely what Sen- gratitude to the chair of the com- ator KERRY and I called for in the Glob- So what will it require to ensure we mittee, Senator BOXER, without whom, al Warming Reduction Act that we in- remain below the 2-degree Celsius tip- obviously, this simply would not have troduced in the last two Congresses, of- ping point? Well, currently, there ex- been possible. I thank her for her long- fers a measure that anyone who has ists a concentration of 380 parts per standing advocacy and leadership, analyzed the science and is honestly million of carbon dioxide in the world’s bridging the partisan divide which I committed to addressing global warm- atmosphere. An increase of 2 degrees think is what this legislation that is ing can support. Celsius correlates with a carbon diox- pending before the Senate does—the It establishes a Federal program to ide concentration at 450 parts per mil- substitute that will be offered by her reduce U.S. greenhouse gas emissions lion. Therefore, ensuring we do not ex- tomorrow—because I think it is crit- as much as 66 percent by 2050, through ceed this concentration level is abso- ical we begin this process in developing a mandatory cap-and-trade program lutely essential. the United States’ leadership with re- that provides companies with both the An additional recommendation in our spect to one of the most pressing and flexibility and certainty necessary for report calls for the G8 and other major transformational issues not only facing their continued viability and growth, economies, including from the devel- this country but the world community. while allowing the United States to oping world, to form a G8+ Climate I also express my profound gratitude lead the world in reducing damaging Group, to involve major CO2-emitting to Senator LIEBERMAN and Senator CO2 emissions for the generations to countries in the climate change debate WARNER for their outstanding and follow. It presents us with a watershed to ultimately develop a blueprint for longtime leadership as well, and for opportunity that our obligation to the moving forward in the carbon dioxide their advocacy in developing those so- future dictates we must seize now. reduction program. lutions to stem global climate change. I have not come lightly or lately to It is certainly one of the most con- this debate, having cosponsored the As a result, the G8+5 Ministerial sequential issues of this century. I Lieberman and McCain Climate Stew- Level Group was established with the thank them for their vision and cour- ardship Act in the 108th and 109th Con- five major developing countries of China, India, Mexico, Brazil, and South age—and Senator BOXER—for doing all gresses, as well as the Global Warming they could to bring this legislation to Prevention Act as far back as 1988, Africa. President Bush has expanded this point in the Senate to have the when I was a Member of the House of upon this idea as the basis for his cur- first ever debate on a monumental Representatives. So I am left to wonder rent Major Economies Meeting. The issue that will reverberate for genera- exactly how far down the road we current G8 president, the Japanese tions. would be now if we had acted then. Prime Minister, is employing the same I have heard much here in the debate. That was 20 years ago, when one of the guidance at this summer’s G8 Summit. Hopefully, I will be able to offer some first pieces of climate change legisla- The point is, we have established we of the counterpoints later on in the de- tion was introduced in the House of cannot risk an increase of more than a bate. I want to lay out my own views Representatives and Senate, and here 2-degree Celsius increase in global tem- with respect to this issue because I we are, in 2008, and yet we have not en- peratures. We further know that CO2

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.062 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4945 emissions contribute to global warm- Byron Gleason, S.M. Griffies, Pavel of the sea ice has melted than ever be- ing. There is no doubt this is an inter- Groissman, A. Gruber, Richard Gudgel, G. fore. When you look at the 2007 picture, national problem requiring an inter- Gutman, Y. Hayashi, J. Hayes, J. Haywood, it obviously indicates how alarmingly national solution that must include ac- Isaac Held, Masao Kanamitsu, Sally Kane, the sea ice has diminished, even open- Thomas Karl, George Kiladis, Richard W. tion on behalf of the world’s highest Knight, Thoms Knutson, Chris Landsea, ing the Northwest Passage. This is CO2 emitters if the effort is to be effec- John Lanzante, E. LaRoe, Ngar-Cheung Lau. some of what the U.S. Department of tive. R. Lawford, Jay Lawrimore, Ruby Leung, the Interior looked at when listing the Indeed, our task force specifically David Levinson, Sydney Levitus, Clement polar bear as threatened under the En- recommended that all developed coun- Lewsey, C. Liu, Robert E. Livezey, S. dangered Species Act, as its habitat is tries introduce national mandatory Manabe, Martin Manning, Ken Masarie, Mi- literally melting away. cap-and-trade systems for carbon emis- chael McPhaden, James H. McVey, J. Mee- The May 29 U.S. Climate Change sions, and construct these systems so han, Richard Methot, Richard B. Mieremet, Science Program called ‘‘The Scientific John B. Miller, Robert Molinari, Stephen A. Assessment of the Effects of Global they may be integrated into a single Montzka, David Mountain. global market. And that, of course, is D. Murphy, Claudia Nierenberg, J. Norris, Change in the United States’’ stated the linchpin of the bill before us: a Paul C. Novelli, George Ohring, J. Overpeck, that the 2007 Arctic sea ices were 23 mandatory domestic carbon cap-and- T. Owen, Tsung-Hung Peng, Thomas Peter- percent below the previous all-time trade system for the United States son, Stephen R. Piotrowicz, Roger Pulwarty, minimum observed in 2005. I will repeat that would achieve an actual 71 percent R. Quayle, Frank H. Quinn, Patricia Quinn, that because that is significant. By our emissions reduction by 2050 for the 87 Venkatachalam Ramaswamy, George Reid, own report that was issued just last percent of the Nation’s emitters that R.W. Reynolds, Sergei Rodionov, C.F. week saying that Arctic sea ices were Ropelewski, Anthony Rosati. 23 percent below the previous all-time are capped under the bill, with a 66 per- Karen Rosenlof, R. Ross, Christopher cent reduction of total U.S. emissions Sabine, Russ Schnell, M.D. Schwartzkopf, minimum observed in 2005, in just 2 by 2050. Dan Schwarzkopf, Kenneth Sherman, Caitlin years we see a decline of more than 23 Now, I fully understand this bill rep- Simpson, Susuaon Solomon, D.J. Stensrud, percent. Some models suggest that the resents a major new initiative for the William Stern, Macol Stewart, R. Stewart, Arctic Ocean is likely to be free of United States. Therefore, I want to un- Ronald J. Stouffer, Tonna-Marie Surgeon, summer ice as soon as 2040. derscore that this is not, as some have Pieter P. Tans, Juli M. Trtanj, Russell Vose, Closer to home, the report stated asserted, a proposed solution to a prob- Rik Wanninkhof, Richard T. Wetherald, Stan that the energy sector will be subject lem that does not actually exist. We Wilson, M. Winton, Scott D. Woodruff, David to the effects of climate change Wuertz, Bruce L. Wyman, P. Xie, T. Yamada. are not being compelled by guesswork through direct impacts from increased or by unsubstantiated theory or by Ms. SNOWE. The IPCC’s key findings intensity of extreme weather events. popular perception. We are being led by were agreed to unanimously by more Increasingly, global temperatures, ris- the facts. than 130 governments, including those ing sea levels, and changing weather This past year, the scientists on the of the United States, China, India, and patterns will pose significant chal- United Nations Intergovernmental the European Union, and now are form- lenges to the Nation’s roads, airports, Panel on Climate Change—who shared ing the basis for international policy. railways, transit systems, and ports. in the 2008 Nobel Peace Prize—recently For the first time since its first assess- What we are talking about is our en- completed the IPCC’s Fourth Assess- ment in 1990—and I repeat, 1990—the ergy and transportation network that ment Report, which was 6 years in the IPCC concluded that there is at least a is vital not only to the entire U.S. making, and drew on the work of more 90-percent chance that manmade ac- economy but to our quality of life. than 2,500 scientists, 800 contributing tivities, through the burning of fossil The new facts just keep on coming. authors, and 450 lead authors. As the fuels, are the major cause of global Just last month a study was published ranking member of the Commerce Sub- warming. in the Journal of Science called ‘‘Ex- committee on Oceans, Atmosphere, Now, if we were told in any sphere panding Oxygen Minimum Zones in the Fisheries, and Coast Guard, which that we had at least a 90-percent Tropical Ocean,’’ warning that marine oversees the National Oceanic and At- chance of diverting a disaster through zones where fish and other sea life can mospheric Administration, I wish to changes we ourselves could make, suffocate from lack of oxygen are congratulate the 120 NOAA scientists— would we not take action? Is the IPCC spreading across the world’s tropical NOAA scientists, I add—who were part finding not a compelling reason to as- oceans. Scientists warn that if global of Working Group I, the Physical sume reasonable steps when climate temperatures keep rising, there could Science Basis of the International change is occurring, even beyond the be dramatic consequences for marine Panel on Climate Change, who shared projections that were outlined just dec- life and for humans and communities in the Nobel Peace Prize. You can see ades ago? that depend on the sea for a living. all the names listed on this poster I So here on these charts we have some So let’s move beyond the question of have right here: 120 of our own sci- illustrations of just what the science is should we act, as many of our own entists who reached the same conclu- referring to: Arctic sea ice from States have chosen to do. Maine, Cali- sions. NASA’s images taken in 1979, 2005, and fornia, Hawaii, Minnesota, New Jersey, I ask unanimous consent that the again in 2007 displaying the increase in Oregon, and Washington have all had names of these exceptional Federal sci- the melting of the polar ice in Sep- mandatory climate laws on the books entists be printed in the RECORD. tember when the sea ice is usually at a that mandate limits on greenhouse gas There being no objection, the mate- minimum each year. So you can see emissions. At least 23 States have rial was ordered to be printed in the the differences. In 1979, when we can joined one of the three regional part- RECORD, as follows: see the sea ice, we can see the masses nerships that will require greenhouse of the sea ice, and then, of course, you gas and just carbon dioxide emission NOAA 2007 PEACE PRIZE LIST look progressively and see what has reductions. Dan Albritton, J.K. Angell, John Antonov, happened in 2005 and 2007 and you see Set to take effect in 2009, the North- Phillip A. Arkin, Raymond A. Assel, John Austin, A. Barnston, J. Bates, T. Bates, Tim the demonstrative difference and dis- east Regional Greenhouse Gas Initia- Boyer, A. Broccoli, H. Brooks, Kirk Bryan, crepancies of what is happening with tive, known as RGGI, is a partnership Earle N. Buckley, James L. Buizer, J.H. But- the melting process just since 1979. of 10 Northeast and Mid-Atlantic ler, Muthuvel Chelliah, Thomas J. Conway, When you look at the amount of sea States, including my own State of W. Cooke, M. Crowne. ice noted in September, it looked like Maine, that creates a cap-and-trade J.S. Daniel, Margaret Davidson, Thomas L. this massive amount in 1979; and here system to limit carbon dioxide emis- Delworth, H.F. Diaz, Keith Dixon, Ed we are progressively to 2007: Obviously, sions from powerplants. Yet while the Dlugokencky, B. Douglas, David Easterling, we have a serious problem that the States have moved out on the vanguard James W. Elkins, William P. Elliott, R.E. Eskridge, J. Everett, David W. Fahey, James global community needs to recognize as their citizens have demanded, Con- Fahn, Lisa Farrow, Richard Feely, Fred and we need to address. That is why we gress has delayed, hiding behind the Fehsenfeld, Josh Foster, Melissa Free, Dian cannot forfeit our leadership in this red herring of arguments of scientific J. Gallen (Seidel), K. Gallo, Hernan Garcia. process. It is quite obvious that more uncertainty rather than considering

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.063 S03JNPT1 jbell on PROD1PC69 with SENATE S4946 CONGRESSIONAL RECORD — SENATE June 3, 2008 the truth that peer-reviewed science icit neutral, according to a June 2 CBO to account for reductions in other federal has revealed. report. I ask unanimous consent to revenues; we assume that tax offset totals 25 The legislation before us has been have this CBO report printed in the percent—an approximate marginal tax rate on overall economic activity. crafted to respect the courageous ini- RECORD. tiative of these States while recog- There being no objection, the mate- CBO’s cost estimate for S. 2191 (the nizing that a patchwork of State-to- Lieberman-Warner Climate Security Act of rial was ordered to be printed in the 2007), as ordered reported by the Senate Com- State regulation is a serious impedi- RECORD, as follows: mittee on Environment and Public Works on ment for U.S. businesses and industry. CONGRESSIONAL BUDGET OFFICE COST December 5, 2007, includes a detailed discus- It does not preempt existing State pol- ESTIMATE sion of how the budgetary treatment of the icy or State authority to limit or to (June 2, 2008) cap-and-trade program, including a discus- avoid greenhouse gas emissions but, Lieberman-Warner Climate Security Act of sion of how tax offsets are applied to the rev- rather, authorizes transition funds to 2008.—A substitute amendment for S. 3036 enues generated by allowances auctioned and assist the Northeast Regional Green- transmitted to CBO on June 2, 2008 given away. It also describes the method- house Gas Initiative partners, for in- ology that CBO uses for analyzing this type Background: S. 3036 would set an annual of legislation. That estimate was provided to stance, in meshing with the new Fed- limit or cap on the volume of certain green- the Congress on April 10, 2008. house gases (GHGs) emitted from electricity- eral program if they so choose. Estimated cost of the amendment: CBO es- generating facilities and from other activi- We have worked to make additional timates that enacting the amendment would ties involving industrial production and improvements to the bill that was increase revenues by about $902 billion over transportation. Under this legislation, the passed out of the Senate Environment the 2009–2018 period, net of income and pay- Environmental Protection Agency (EPA) Committee to garner the breadth of roll tax offsets. That estimate excludes reve- would establish three separate regulatory nues from the sale of international reserve support necessary to get this bill initiatives known as cap-and-trade pro- allowances for imported goods because CBO passed. But I think it is illustrative of grams—one covering most types of GHGs, has not had sufficient time to analyze the the States’ leadership that 23 States one covering hydrofluorocarbons (HFCs), and impact of such allowances and to assess ei- have already been willing to take ac- a third program to cover the carbon emis- ther the number or value of those allowances sions embodied in imported goods. tion, to be progressive, to understand that would be auctioned. Over the next 10 the dimensions of this problem, and EPA would establish a quantity of allow- ances for each of calendar years 2012 through years, we estimate that direct spending that they are willing to accept the would total about $836 billion. That figure challenges and also the costs of being 2050 and would auction some of those allow- ances. The proceeds would be used to finance also excludes any spending of proceeds from able to move forward independently various initiatives, such as developing re- the auction of international reserve allow- and separately because the Federal newable technologies, assisting in the edu- ances for imported goods because the spend- Government has failed to take action; cation and training of workers, and pro- ing of any such receipts would be subject to that the Congress has failed to take ac- viding energy assistance for low-income future appropriation acts. The additional households. EPA would distribute the re- revenues from enacting this legislation tion for so long that 23 States across would exceed the new direct spending by an this country have been prepared to do maining allowances at no charge, to states and other recipients, which could then sell, estimated $66 billion, thus decreasing future it. deficits (or increasing surpluses) by that So this legislation recognizes that. retire, or use them, or give them away. Over the 40 years that the proposed cap-and-trade amount over the next 10 years (see table That is why it is important to give the programs would be in effect, the number of below). certainty of a Federal standard so that allowances and emissions of the relevant CBO has not completed its estimate of businesses can operate knowing what gases would be reduced each year. spending that would be subject to future ap- regulations will be in play. In fact, Funds from the auction of allowances are propriation action. Therefore, this estimate businesses have joined together with considered to be federal revenues and the does not address such spending. In years environmental organizations to reach spending of the auction proceeds to be fed- after 2018, net revenues attributable to the eral outlays. In addition, because the govern- legislation would exceed annual direct an agreement, understanding that it is spending through 2050. in the national interest to work in con- ment would be essential to the existence of the allowances and responsible for the read- Intergovernmental and Private-sector cert and to understand as they prepare ily realizable monetary value of them Mandates: The amendment would impose to make the investments for 40 and 50 through its enforcement of the cap on emis- private-sector mandates, as defined in the years beyond. That is the point of hav- sions, and because the market for non-HFC Unfunded Mandates Reform Act (UMRA), ing a national standard. That the allowances would be relatively liquid, CBO with costs that substantially exceed the an- States have been prepared to assume considers the distribution of those allow- nual threshold established in UMRA for pri- that leadership irrespective of the fail- ances at no charge to be functionally equiva- vate-sector mandates ($136 million in 2008, ure of the Congress to address it cer- lent to distributing cash. adjusted annually for inflation). The most costly mandates would require certain pri- tainly illustrates their willingness and Finally, because the receipts from selling or giving allowances away would effectively vate-sector entities to participate in the cap- their courage to move forward on this be an indirect business charge that reduces and-trade programs for greenhouse gas emis- critical issue. the federal tax base for income and payroll sions created by the bill. For those who have expressed con- taxes, in most cases, CBO adjusted a portion CBO estimates that the cost of complying cerns about the impact to the Federal of the gross gain to the federal government with those mandates would total tens of bil- budget, this new substitute is now def- from auctioning and giving away allowances lions of dollars annually. ESTIMATED IMPACT ON REVENUES AND DIRECT SPENDING OF A SUBSTITUTE AMENDMENT TO S. 3036, TRANSMITTED TO CBO ON JUNE 2, 2008

By fiscal year, in billions of dollars— 2009– 2009– 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2013 2018

CHANGES IN REVENUES a Proceeds from Auctioning Allowances: Allocated for Government Activities ...... 0.7 0.7 0.8 17.8 18.2 19.3 20.3 21.3 22.3 26.0 38.1 147.3 Allocated for Spending Subject to Appropriation ...... 0.5 0.5 0.6 11.0 11.7 12.3 13.9 15.1 16.1 18.1 24.3 99.9 Free Allocation of Allowances ...... 0 0 19.6 83.1 84.4 83.6 88.4 93.9 98.8 102.3 187.1 654.1 Other Revenues ...... 0 * * * * * * 0.1 0.1 0.1 0.1 0.3 Total Estimated Revenues ...... 1.2 1.3 21.0 111.8 114.3 115.2 122.6 130.4 137.3 146.5 249.6 901.6 CHANGES IN DIRECT SPENDING Spending from Auction Proceeds: Estimated Budget Authority ...... 0.9 1.0 1.0 23.7 24.3 25.8 27.0 28.4 29.7 34.6 50.8 196.4 Estimated Outlays ...... 0 0.2 0.5 5.6 11.3 16.4 21.3 24.8 26.7 28.5 17.5 135.2 Spending from Freely Allocated Emission Allowances: Estimated Budget Authority ...... 0 0 19.6 88.5 90.2 89.7 94.8 100.9 106.2 110.1 198.3 700.0 Estimated Outlays ...... 0 0 19.6 88.5 90.2 89.7 94.8 100.9 106.2 110.1 198.3 700.0 TVA and Other Spending: Estimated Budget Authority ...... 0 * * * * * 0.1 0.1 0.3 0.5 * 1.0 Estimated Outlays ...... 0 * * * * * 0.1 0.1 0.3 0.5 * 1.0 Total Changes: Estimated Budget Authority ...... 0.9 1.0 20.7 112.2 114.4 115.5 122.0 129.3 136.1 145.2 249.1 897.3 Estimated Outlays ...... 0.1 0.2 20.1 94.1 101.4 106.1 116.2 125.7 133.1 139.1 215.8 836.1

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By fiscal year, in billions of dollars— 2009– 2009– 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2013 2018

NET CHANGE IN THE BUDGET DEFICIT OR SURPLUS FROM CHANGES IN REVENUES AND DIRECT SPENDING Impact on Deficit/Surplus b ...... 1.2 1.1 0.9 17.8 12.9 9.2 6.3 4.7 4.2 7.4 33.8 65.5 Notes: * = less than $50 million; TVA = Tennessee Valley Authority. Components may not sum to totals because of rounding. The bill would affect spending subject to appropriation, but CBO has not yet completed its estimate of such spending. a Revenue estimate does not include proceeds from the sale of international reserve allowances for imported goods. b Positive numbers indicate decreases in deficits (or increases in surpluses); negative numbers indicate increases in deficits (or decreases in surpluses).

The amendment also contains several that businesses not only understand nomic growth. The science of the mat- intergovernmental mandates as defined in the standards that will be established ter tells us that business as usual cer- UMRA. CBO estimates that, during the first for the next 40 to 50 years; it also is tainly is not an option. Adhering to the five years following enactment, states would logical for them in terms of making realize a net benefit as a result of this bill’s status quo will continue current U.S. enactment (resulting from the allowances their decisions, their financial invest- job losses to other countries that must they would receive). Therefore, the annual ments, and understanding what the be brought under the same umbrella threshold for intergovernmental mandate long term will prescribe. for greenhouse gas reductions as we are costs established in UMRA ($68 million in In addition, this bill provides a range attempting to do with this legislation 2008, adjusted annually for inflation) would of funding incentives from manufactur- through international mechanisms and not be exceeded. ers of high efficiency consumer prod- Previous CBO estimates: On April 10, 2008, partnerships. There should be no rea- ucts, manufacturers with zero and low son for good U.S. jobs to move overseas CBO transmitted a cost estimate for a sub- carbon generation technology, ad- stitute amendment to S. 2191, the and be lost to those countries with no Lieberman-Warner Climate Security Act of vanced coal technology, fuel from cel- checks on their lax environmental 2007, as ordered reported by the Senate Com- lulosic biofuels, electric vehicles, hy- laws. mittee on Environment and Public Works on brid or plug-in electric cars, fuel-cell- December 5, 2007. That substitute amend- powered cars, and advanced diesel—all The only other alternative which ment to S. 2191 was introduced as S. 3036, the areas of potential future economic some of my colleagues and economists Lieberman-Warner Climate Security Act of growth that should put America well have called for is a carbon tax. Yet 2008, on May 20, 2008. CBO has estimated the on its way toward developing the alter- those in favor of a carbon tax and not budgetary impact of those versions of this native technologies that are so essen- a free market cap-and-trade system legislation as follows: cannot guarantee that a tax will S. 2191, as ordered reported by the Senate tial to making us independent of fossil Environment and Public Works Committee fuels. achieve the necessary environmental on December 5, 2007, would increase deficits The substitute legislation to the Cli- protection. If a tax is set too low, com- (or decrease surpluses) by $15 billion over the mate Security Act also adds $800 bil- panies will simply pay the tax without 2008–2017 period; and lion through 2050 for a tax relief pack- reducing emissions. If a tax is set too An amendment to S. 2191 that was intro- age to help consumers with energy high, unnecessary costs will be imposed duced as S. 3036 on May 20, 2008, would reduce costs that will be developed by the Sen- upon businesses and consumers, espe- deficits (or increase surpluses) by $78 billion ate Finance Committee. It also will over the 2008–2017 period. cially on low-income Americans. A Estimate prepared by: Federal Costs: Su- provide $250 billion in funding through flexible but mandatory cap and trade sanne S. Mehlman. Impact on State, Local, 2050 from auction revenues for States allows market forces to find the lowest and Tribal Governments: Neil Hood. Impact to assist them in protecting against cost solutions for the desired level of on the Private Sector: Amy Petz. possible future effects of climate environmental protection. Estimate approved by: Theresa Gullo, Dep- change such as storm surges and rising uty Assistant Director for Budget Analysis. sea levels in coastal States. In addi- Additionally, according to the Gov- Ms. SNOWE. At the same time, the tion, $566 billion will be provided ernment’s own Energy Information bill also allows us to respond to the through 2050 for States that take ac- Agency, under this legislation the U.S. complex issues of curbing greenhouse tion to reduce greenhouse gas emis- gross domestic product will continue to gas emissions while squarely con- sions and that the funding can be used grow. In 2003, the EIA finds that the fronting the argument that reducing for specific State purposes such as the GDP would be just 3 percent lower than carbon dioxide emissions will damage LIHEAP program and energy efficiency under a ‘‘business as usual’’ scenario. our economy. To the contrary, funds programs as well. At the same time, the largest propor- generated for the Federal Government I am also pleased that the Climate tion of revenues—hundreds of billions from this auction of carbon emission Security Act has included language of dollars that this legislation will gen- allowances that are established under from a bill that Senator KLOBUCHAR erate through the transaction of car- this legislation can be held, purchased, and I introduced establishing a robust bon credits—will be designated to de- or sold in the program’s first 18 years tracking system to inventory green- velop and deploy technologies to trans- so that it can generate $1 trillion for house gas emissions from significant form existing energy sectors and to clean technology, in worker training sources across this country. This was a create entirely new green industries and retraining programs. critical first step that the European such as solar, wind, renewable indus- Moreover, the bill provides funding Union did not have in place when insti- tries, cellulosic biofuels, hybrid, plug- to help industry meet the new emis- tuting their emissions training system, in cars, as I mentioned previously, as sions targets not just in the short term and as a result of this lack of accurate well as high-paying jobs and to wean us but all the way through 2050. So it has data, they gave away too many allow- off carbon dioxide-polluting fossil a long-term view and also accepts the ances to industry that could be traded, fuels. long-term responsibilities and obliga- and the carbon market bottomed out. tions that accompany this legislation. The substitute further includes As we look to the future, we must It also encourages low and zero carbon strong market oversight provisions also be reminded that reducing our car- technologies that would change as the from legislation that Senator FEIN- bon emissions means reducing our use technologies are developed and come STEIN and I introduced to ensure price of oil. When we spend more than $500 on line by placing a cost on greenhouse transparency and prevent market ma- billion purchasing imported oil, help- gas emissions. But it also offers the nipulation and other abusive practices ing to finance the radical ambitions of private sector the certainty they re- when carbon emission allowances are radical leaders, do we really want to quire with respect to the laws they sold in the carbon market created by say we are unable to summon the inno- must comply with well into the future this legislation. vative can-do spirit on which this before they invest in low and zero car- This bill is not perfect, but in fact it country was built to break our depend- bon technologies. That is important so does go hand in hand with robust eco- ence on fossil fuel and foreign oil? This

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What does the bill say which it is getting so far in this debate. date the means by which the U.S. about this? It says the tax relief in the I respect both sides of the argument. prioritizes its scientific research . . . bill is a nonbinding sense of the Senate I find myself, on this issue, in a variety reports this research to stakeholders that says some funds ‘‘should be’’ used of different camps because I am at- and Congress to assist in decision- to protect consumers from the coming tracted to parts of the bill, and I find making . . . and transmits this infor- ‘‘increases in energy and other costs.’’ parts of the bill to be very difficult. I mation to planners who must establish Here is the quote: am not going to get into all the dif- mitigation and adaptation plans at It is the sense of the Senate that funds de- ferent elements. I am concerned about local, state, and regional levels. The posited in the Climate Change Consumer As- the effect on our competitiveness Global Change Research Improvement sistance Fund under section 583 should be internationally. I am concerned that if Act I have introduced with Senator used to fund a tax initiative to protect con- we put limitations on our economy in sumers, especially consumers in greatest KERRY that has already passed out of place, economies such as India and the Commerce Committee addresses need, from increases in energy and other costs. China, which will not be subject to this issue and should be considered in Now, I only say here that this does these limitations, will simply pursue the context of this bill. courses that will end up polluting at a Moreover, Senator KERRY and I have not direct any money to be paid. It doesn’t authorize any money to be rate that overwhelms whatever we save an amendment requiring the National and that, as a practical matter, we Academy of Sciences to advise Con- paid. Besides, if it did, it would have to go to the Finance Committee. So there may significantly undermine our com- gress to act if future scientific research petitiveness. demonstrates that changes must be is no tax relief in the bill. I am concerned about how this cap- considered to meet percentage emis- I yield 10 minutes to the Senator and-trade issue is going to work. I am sions reductions goals. from New Hampshire. concerned that NO and carbon are not Ultimately, however, there should be The PRESIDING OFFICER (Mr. X addressed. I am concerned that we are no misunderstanding—thissubstitute PRYOR). Is the Senator from New looking at an issue of how the science bill represents the defining opportunity Hampshire taking the time of the Sen- is not up to speed with the require- of this 110th Congress for reversing the ator from Tennessee? ments being put on the industries that unmitigated damage that climate Mr. INHOFE. Yes. must reduce their pollution, or NO change continues to cause, and to as- The PRESIDING OFFICER. The Sen- X itself. There is a legitimate question of sist every State in its ability to adapt. ator from New Hampshire is recog- whether we are putting the cart before And if the UnitedStates is to meet its nized. the horse relative to the science of the commitments made under the Bali Mr. GREGG. Mr. President, I thank capacity to deliver these savings. For Roadmap to reach an international the Senator from Oklahoma for his example, in the area of savings and the agreement among all countries for courtesy in finding a spot for me to reduction of pollutants, I believe greenhouse gas emissions reductions speak. strongly that we need to pursue a much for common but differentiated obliga- This is obviously a bill of immense more aggressive policy in the area of tions by December of 2009, we should proportions and implications for us as nuclear. But the question of whether also say ‘‘yes’’ to the amendment Sen- a nation, for our economy, for con- we can bring on line the nuclear gener- ator BIDEN will offer to set us on the sumers, for our place in the world, and ating capacity necessary to meet the right course for this process. This week for how we deal with the passing on of requirements of this bill is very much and next, over 2,000 U.N. delegates from the quality of life that we have to our an issue and very much in doubt, sim- around the world are meeting in Bonn, children so they can live in an environ- ply because of our permitting proce- Germany, to take the next steps for- ment that will sustain them and be dure in this country, coupled with the ward for the Bali Roadmap—and what sure that we do not overly pollute our fact that the industrial complex in this we do right here and right now is enor- world or atmosphere. country doesn’t have the capacity to mously critical in their planning for I think the Senator from California produce the nuclear plants in the time- moving forward. needs to be congratulated for moving Let us not allow this opportunity to the initiative forward. It is my opinion frame necessary in order to comply slip out of our grasp—the world is that this is a debate that needs to be with what would be the reduction nec- watching and waiting to see what the pursued aggressively. I respect all the essary in this bill. Those are some of world’s richest country—and its big- different parties’ views on this. There my concerns. gest emitter—has the fortitude to do. has been an excellent discussion of how Again, I come back to the fact that I Mr. President, I yield the floor. to proceed in this area. think the concept of cap and trade, as Mr. INHOFE. Mr. President, I am In the past, I have strongly supported proposed in the bill, is a path we need going to just take a second on the re- initiatives that are similar to this ef- to seriously consider going down. How- buttal time, and then I am going to go fort, in the sense that they tried to re- ever, on a parallel path, I have a very ahead and yield to the Senator from duce the amount of pollutants we put severe concern, serious concern, and New Hampshire. But my distinguished into our atmosphere through a variety that is that this bill, under its present colleague, the junior Senator from of different means. The Lieberman- structure, is going to generate value of California, several times talked about McCain bill and the Carper-Alexander approximately $6.7 trillion over its life. tax relief. I think it is time that we bill, both of which I have supported, Over the next 10 years, it is estimated take this out, look at it, and put this had attempted to do this also. that the sale of these allowances will issue to sleep. This bill, however, is much more approximately be a billion dollars. At a press conference on June 2, the comprehensive, much more extensive, Most of this will come into the Federal distinguished Senator said: and the implications are far greater to Treasury—not all of it—and then under Today is the day to say yes to clean en- our economy and to our quality of life this bill it gets spent, for the most ergy, yes to green jobs, yes to science, yes to in the United States. part. There is $800 million set aside, energy independence, yes to tax relief. It is safe to say that were this bill to theoretically, but it is done by a sense Later on in the same news con- become law in its present form, it of the Senate, as was noted. The vast ference: would impact our future as much as majority of the money gets spent by We also have in this bill a very large piece, anything that we could do—after ad- creating new programmatic activity almost $1 trillion of tax relief so that when dressing the issue of defeating global and expanding the size of the Federal we do see some energy increases in energy terrorism as they attempt to try to de- Government.

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.065 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4949 Now, this $6.7 trillion is costs that all Americans pay or you can take the worker training, $171 billion goes to will be passed on to the American con- consumption tax, which is going to be mass transit projects, $237 billion goes sumer in the form of increased elec- generated by this bill, and you can use to natural resource and wildlife adap- trical bills. I think the American con- it under some sort of rebate proposal tation, $288 billion goes to Federal pro- sumer is willing to pay a higher price such as that which has been proposed grams of natural resources, $342 billion for electricity if they feel they are sig- by the Senator from Tennessee, where goes to international climate change, nificantly and positively impacting the people making less than $150,000 would $300 billion goes to agriculture and for- reduction of the emission of green- get a rebate reflecting the amount of estry, and $368 billion goes to reforest- house gases that are affecting our cli- money coming into the Treasury under ation. Under these numbers, only $136 mate. I am willing to vote for putting the allowances. billion out of the trillions of dollars that type of cost into place. But what Have I used 10 minutes? goes to energy efficiency block grants, I am not willing to vote for is taking The PRESIDING OFFICER. Yes. and that is for local governments. that money and using it to radically Mr. GREGG. Mr. President, I ask Mr. WARNER. I say to my good expand the size of the Federal Govern- unanimous consent for another 5 min- friend, give me until tomorrow. He ment. utes. reads off correctly some of the alloca- If you look at the proposals in the Mrs. BOXER. I object. tions, but each of them has some ben- bill, it essentially becomes the most The PRESIDING OFFICER. Objec- efit to the problem of the CO2 and glob- massive exercise at earmarking we tion is heard. al climate change; each one is carefully have ever seen. It dwarfs the farm bill, Mr. GREGG. Then, Mr. President, I thought through. So tomorrow I will be which is hard to do, when it comes to ask unanimous consent for 2 more min- able to give this to you in greater de- earmarks. As a very practical matter, utes. tail, once we get before us the actual that is not fair to working Americans. Mr. WARNER. Mr. President, I will amendment or the bill that we are Working Americans, under this bill, yield my good friend a minute or two going to hopefully continue to debate are going to be hit with a new con- off my time. Several Senators, includ- with the amendment process. sumption tax. That is what this bill ing myself, are waiting to talk. I yield The second question the Senator does. It creates a massive new con- him 2 minutes. asked about was the nuclear program. sumption tax, called allowances, which The PRESIDING OFFICER. The Sen- There is nothing in any of the bills get sold, but the price of paying for ator is recognized for 2 more minutes. that have been put into the record thus those allowances will go back into the Mr. GREGG. I thank the Senator. far, but I have the amendment here to rate base and will raise the cost of elec- Mr. President, what we should not do initiate a very significant program to tricity and will be a consumption tax. with this major new consumption tax address what the distinguished Senator Americans, working at their jobs and is use it to expand the size of the Fed- said is the need for nuclear power to trying to make ends meet, trying to eral Government, to put in place a se- begin to expand, using the current take care of their families, are going to ries of initiatives that are essentially base, which, as he well knows, and I see their energy bills go up because being used for the purpose of building know, has been reduced in the last 12 they will get hit with this new con- constituencies that will support this to 14 years to where it is hardly in ex- sumption tax. I believe very fervently bill. That is the way legislation passes istence, either manufacturing or edu- that if we are going to go down this here, but it is wrong—wrong when we cational. But I have that handled. road of creating this massive new con- did it in agriculture and especially Lastly, I hope the Senator will spend sumption tax, the purpose of which is wrong when we do it in the energy pro- a little time on a provision I have in to promote the reduction of greenhouse duction area. this bill by which the President of the gases, which will reduce our negative American consumers should not be United States is given authority to at impact on the global climate, we need, hit with this tax and have no tax cut or any time correct inequities or prob- lems he thinks are incorrect. at the same time, to reduce for work- rebate coming to them on the other The PRESIDING OFFICER. The Sen- ing Americans the burden of their tax- side of the ledger to try to mitigate the ator has used 3 minutes. ation in other places. This should be a impact of this consumption tax. Mr. WARNER. Have I not 17 minutes one-for-one trade, very simply. If we I yield the floor. also? are going to say to working Americans The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- that we are going to increase your con- ator from California is recognized. ator from California has reserved 2 sumption tax by $6.7 trillion, or if you Mrs. BOXER. Mr. President, I know minutes of her rebuttal time. take out the money that is under here there is rebuttal time now. I intend Mr. WARNER. I can finish my 17 and represented as a sense-of-the-Sen- only to speak for a short period of minutes and yield it back for the ben- ate tax reduction, it will be around $4- time. efit of other colleagues because I have plus trillion—if you are going to have Mr. WARNER. Mr. President, I was had my fair share talking about this that type of major tax impact and es- going to answer the Senator’s ques- bill. sentially shift the economy to a na- tions. Mrs. BOXER. Mr. President, before tional consumption tax—and many Mrs. BOXER. I will yield 3 minutes of my friend leaves the floor, I thank him States have those consumption taxes, the rebuttal time to Senator WARNER. for a meeting in his office where he but there is no national one. If you are The PRESIDING OFFICER. The Sen- gave me this great idea. As a result of to shift to a national consumption tax, ator from Virginia is recognized. that meeting, I say to Senator GREGG, then you need to take those dollars and Mr. WARNER. Mr. President, I was we took another look at the bill. Half reduce the burden on working Ameri- interested in the comments the Sen- of the bill is going back to consumers. cans, one for one, so you mitigate the ator made. What the Senator has de- Actually, a third of that—there are impact on their quality of life, on their scribed—tomorrow, I will have a better three pies: $800 billion goes into a tax ability to be productive citizens, and pie chart for colleagues to look at. The cut. Senator INHOFE said it is not spe- on their ability to pursue a lifestyle money that comes in through the bill cific. We did it as far as we could. We they can afford. is to be distributed primarily to com- know it is a fund for tax cuts. There is There are a variety of ways to do panies, entities developing new tech- $900 billion for a deficit reduction trust this. You can reduce income taxes. You nology as to how to solve the very fund, and $900 billion goes into a fund can take the consumption tax, which is question the Senator raises; namely, so that utilities can help our con- going to flow into the Treasury, and will technology be available for the se- sumers. I thank him for that contribu- move it to the reduction of income tax questration? So it is not as if it is tion. rates or you can take the consumption going to be distributed similar to leaf- When my friend came before the tax, which is going to fall under the lets and dropped all over. This money committee, I was so hopeful he would Federal Treasury through these allow- is going for the purpose of trying to join with us because Senator GREGG ances, and you can use it to reduce the improve America’s sources of energy. made a beautiful statement. He said: FICA tax, the Social Security tax, Mr. GREGG. According to the ear- States alone can’t solve the problem. I be- which is an across-the-board tax that mark list I have, $191 billion goes to lieve Congress must take action to limit the

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emissions of greenhouse gases from a variety the CO2, cost effectively transfer it, and was ready to come to the floor of sources. and put it safely into some type of re- when the chairman’s staff took it, He talked about mandatory limits on pository, an old gas well. turned it inside out, and brought it greenhouse gases. I honestly thought Mr. GREGG. If the Senator will yield back to the floor in an unheard docu- this bill we worked on would be some- further, Mr. President. ment, I was convinced then gas prices thing my friend could support. Mr. WARNER. Yes. were going to go up, and I think my I will say, to talk about a consump- Mr. GREGG. If we are going to limit colleagues this afternoon who have tion tax, you can make up anything dollars spent to technology advance- spoken openly in opposition to this bill and call it what you will. There is no ment, I guess I could be receptive to have strongly made the case that the consumption tax in this bill. This bill that, some percentage. But the vast American consumer is going to pay is modeled on the acid rain bill. The majority of the dollars—that is not mightily for this bill that is before us acid rain bill works the same way—cap going to take that many dollars com- if, in fact, it becomes law. and trade. No one ever called that a pared to the money we are dealing with So I am a bit puzzled when I hear the consumption tax. here, $6.7 trillion. If you want to take title of ‘‘Climate Security Act.’’ I am Mr. WARNER. Mr. President, if I some percentage of that and use it for confident that this might protect the may return to my allocation of 17 min- expansion of technology purely on the environment, but what does it do for utes. technology side, that may make sense. people? What does it do for the con- The PRESIDING OFFICER. The Sen- This bill goes way beyond that. It has sumer who is going to be put through a ator from Virginia has 15 minutes. all sorts of initiatives in here which financial wringer, not only with their Mr. WARNER. I also say to my friend are only at the margin of the issue of home heating bill but continually at from New Hampshire, I call to his at- technology, in my opinion. Where the the gas pump, if the chairman of the tention section 434, in which Congress dollars really should go is to reduce the Environment and Public Works Com- has oversight on the use of these funds. tax burden for the people who are going mittee, Senator BOXER, has her way? Congress can change them. to have the higher energy prices. Why don’t we call this bill the China- Mr. GREGG. That is what I worry Mr. WARNER. Mr. President, I sim- India Economic Stimulus Act of 2008, about. ply say to my good friend, we have a because clearly those countries that Mr. WARNER. Mr. President, I recog- difference of opinion. are rapidly becoming the largest nize he has a point there. I will conclude my remarks. I con- emitters of greenhouse gas are going to This situation, where I devised a pro- gratulate the managers of this bill, the be allowed to run free in the world vision to give the President the author- distinguished Senator from California economy while we put the clamps on ity, in my view—in earlier days, I was and the distinguished Senator from our economy. That is a reality we all in aviation. Unfortunately, I never Oklahoma. I have been here a few know and to which the American con- fully succeeded to become an aviator. years. I know about managing bills. I sumer has already reacted. Fewer jobs We used to have a stick in the old days, have had that privilege many times. in our country, more jobs in China— before all this other stuff, when we had But it has been done fairly, equitably, does that make economic sense at a tandem seats—believe it or not, I flew and in a civil way on a highly con- time when our economy is struggling? in those old planes—you pull the stick troversial subject. May it remain for We are just going to stick another hole forward, pull it back, roll it. The Presi- the balance of the time that this insti- in our economy and send those jobs to dent has the stick, and he can change tution, I hope, votes for this bill and India or China? Or maybe we could call this if this bill is wrong. But we have comes up with some solution to the this the U.S. Recessions Act of 2008. to get this train out of the station and problem. We simply cannot do nothing. start it rolling down the rails. I yield the floor. I have said it, I believe it, I have been Fifty States are trying to devise The PRESIDING OFFICER. The Sen- in this Congress 28 years, and I have their own framework of laws now. That ator from Oklahoma. never seen a piece of legislation to has to be a nightmare to industry and Mr. INHOFE. Mr. President, I ask equal this one. It is the largest single particularly the power companies that unanimous consent that my 5-minute redistribution of wealth in our country have to serve a multiple of States. rebuttal time I would normally use be ever tried by the human mind through We simply have to show the world added to my statement after the con- the public policy process. To me, that this country can lead, and no one is a clusion of the remarks of the Senator is frightening—frightening for my stronger leader than the Senator from from Idaho since he has time allocated grandchildren and their future, fright- New Hampshire in this body. He under- now. ening for the Idaho economy, fright- stands that. The PRESIDING OFFICER. Without ening for the U.S. economy. And what Mr. GREGG. Mr. President, if the objection, it is so ordered. are we going to do about it? We are Senator will yield for a brief interces- The Senator from Idaho. going to stand here and say: But it sion. Mr. CRAIG. Mr. President, I thank saves the world. I am not going to Mr. WARNER. Go ahead. the managers of the bill, the chairman argue that the world isn’t worth saving Mr. GREGG. I agree. In fact, the Sen- of the Environment and Public Works because I want to spend a few more ator from California clearly states my Committee for the debate that has years in it, but I want to make darn position, which is I support initiatives gone on. sure the world in which I live and my in this area. I support mandatory ini- The chairman was opining a few mo- children live is a world that is at least tiatives in this area. What I am con- ments ago that the debate today had as good as the one we have today from cerned about is that these allowances— been focused on gas and high gas prices the standpoint of the environment and which really are a consumption tax, in and that somehow her bill was going to from the standpoint of the economy my opinion—will essentially be used to push gas prices even higher. That may and the economic opportunities that greatly expand the Government. If we happen. I don’t know that. What I do come from that economy for my chil- were to take that section out of the know today is that the American con- dren and my grandchildren. bill and just basically take those dol- sumer is fed up with $4 gas, and any- Is this micromanagement as I de- lars and give them back to the tax- thing we do that would even risk push- scribe it? We just heard the Senator payers without having this huge sec- ing gas prices higher ought to make from New Hampshire begin to worry tion which essentially creates huge the American consumer mighty un- about $100 billion here, $100 billion new initiatives in all sorts of different happy. there, and $100 billion over here, and areas, I think you would have a very So I say to the chairman tonight, I the Senator from Virginia says: Well, workable bill. am not going to talk gas prices, I am we have to have some money. Yes, we Mr. WARNER. I say to my good going to talk something different be- do, but we are talking trillions of dol- friend, where do we get the money to cause I was convinced, based on my lars. That is $6.7 trillion. And last I perfect sequestration? That troubles time on the Environment and Public calculated it, that is a lot of money me the most. I do not think science has Works Committee and having crafted a and it is going to be taken from the proven that we can actually capture bill that got hearings, got a markup, pockets of the American consumer,

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.070 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4951 passed through Government, and hand- ica’s forests today. We have over 180 down to a period in 1945 on—1950s, ed out in a variety of ways yet to be million acres of dead and dying forest 1960s—in which we simply weren’t determined by the bureaucracy. in our country. They are no longer burning. We were putting out fires. OK, that is all I am going to say pulling carbon out of the atmosphere And our forests became a net about the economy of this bill. and bringing it down, they are doing sequesterer of carbon. When we were marking up another what a tree does when it dies—they are Mr. REID. Mr. President, could I ask bill that never made it to the floor, I releasing it back into the atmosphere. my friend to allow me to take the floor wanted to talk about substantive ef- We have unprecedented rates of for- for a unanimous consent request. forts, such as sequestration and revi- est burn in America today that we Mr. CRAIG. I would be happy to yield talizing the American landscape in a haven’t seen in 60 to 70 years. That is to the leader. what is happening in American for- way where we truly could take carbon Mr. REID. I apologize because you ests—last year, 9.2 million acres, 2 mil- out of the atmosphere and put it into were really getting wound up. plants and put it in roots and put it in lion of it right in my home State of Mr. CRAIG. I will not lose my mo- tree stumps and tree stems in a way Idaho. The beautiful, clear, blue skies mentum. I will keep it right here, Mr. that was true, vital, positive environ- of Idaho were full of smoke all sum- Leader. mental sequestration of carbon. I was mer. Why? Because of a forest manage- told: No, you couldn’t do that. Oh, no, ment and policy that is now simply al- Mr. REID. We have been trying to get no. The chairman of the Environment lowing that to happen and because of a this done, and I have just spoken to the and Public Works Committee said: No, forest whose health is in such a state of Republican leader. I have spoken to you can’t do that; we won’t allow that dying, decaying, bug-killed trees, our Chairman JUDD GREGG and Chairman kind of amendment. We are not going great forests are now beginning to re- KENT CONRAD, so we are ready to do a to have forestry in this bill. You bring lease carbon into the atmosphere at a unanimous consent request regarding your amendments to the floor, Senator higher rate. the budget. This year alone, you would say: Well, CRAIG. And that was the way the bill UNANIMOUS CONSENT REQUEST—S. CON. RES. 70 Senator, we are not in the forest fire was crafted. Mr. REID. Mr. President, I ask unan- season in the West. No, we are not. But All of a sudden, we get to the floor, imous consent that the previous order since January 1 through May 30, we and guess what is in the bill: a 10-per- with respect to the conference report have already burned 1.49 million acres cent carbon credit for companies that to accompany S. Con. Res. 70 be modi- of forested lands across our Nation. We invest in foreign forests—not U.S. for- fied to provide that the Senate may have seen them burning in Florida and ests, not the Payette National Forest utilize the available debate time, not- other places. What are they doing? in Idaho or the San Bernardino Na- withstanding the absence of the official They are releasing carbon into the at- tional Forest in California where 60 papers on the conference report filed in percent of it is dead and dying. No, we mosphere. The reason I bring this chart along the House on May 20, 2008, and printed can’t do that. It has to go to the Bra- tonight is because it tells the story of in the CONGRESSIONAL RECORD begin- zilian rain forest. the tragedy of the American forest. See ning on page H4217, and the Senate I am not going to debate rain forest this line? This is a result of a history being in possession of the Senate offi- politics tonight, but I will tell you that of our forests as they evolve and they cial copy of the conference report; and if we are going to tax the American grow and they live and they die. We that the Senate proceed to utilize the people to improve the forested land- went through a period in the late 1920s debate time on Wednesday, June 4— scape of America, then by darn we and early 1930s of climate change, that is tomorrow—at 11:30 a.m., fol- ought to invest it in our landscape and where we weren’t hustling around try- lowing a period of morning business, not in Brazil’s landscape or China’s ing to change the world but Mother Na- and upon the use of the time specified landscape. But that is what this bill ture was changing, and we had a dust in the previous order, the Senate pro- does. bowl era and we began to learn about ceed to vote on adoption of the con- With that in mind, let me talk about El Nino and La Nina and Pacific dec- ference report at 11:45 a.m.; provided forestry and forestry sequestration and ibel oscillation and all the changes further that if the Senate fails to re- what happens when you have a young, going on in our environment that cre- ceive a message that the House has vital, growing forest across America ated a tragedy in our forests as they adopted the conference report by Tues- and its ability to pull carbon down out grew dry. And we began to see phe- day, June 17, the Senate adoption of of the atmosphere and store it in tree nomenal fire burns in the late 1800s the conference report be vitiated; fur- trunks, not just for a year or two or through the early 1900s, up until about ther, that if the vote is vitiated, then three but hundreds of years. It is the 1920, when our Forest Service decided the previous order modified by this re- single greatest form of sequestering to change policy and go after fires. quest remain in effect. carbon from the environment that man Now, remember, fires are burning, re- Further, Mr. President, I will say ever thought about because Mother Na- leasing carbon into the atmosphere at that we will firmly adhere to the 11:30 ture was well ahead of the game before a tonnage rate unprecedented, at least a.m. tomorrow morning, and 11:45 a.m., we came along and began to mess up in man’s history. no matter what happens in morning the environment. Yet this bill does Why did it plummet and why did for- business or extensions of time. nothing about it. ests become a sequesterer of carbon I ask unanimous consent that this be The reason I get a little excited again instead of a releaser of carbon? approved. As I have said, I have just about this idea is because of, in the Because we established a policy called spoken to the majority leader and Mr. year 2000, in Belgium, a climate change 10 a.m. That is right, 10 a.m. in the Schiappa, and this has all been cleared. conference. It was the last year of the morning. The U.S. Forest Service said The PRESIDING OFFICER. Is there Clinton administration, and they were that a fire that started the day before, trying to give away our forest credits objection? we are going to have it out by 10 a.m. Mr. REID. I said the majority leader, to the world to try to convince them the next morning. And so we put phe- but I meant the Republican leader, al- we believed in Kyoto. I stayed up 24 nomenal resources into putting out though I do talk to myself on occasion. hours straight to stop them from giv- fires. ing away our ability to use our forest After World War II, when all the The PRESIDING OFFICER. Without to sequester carbon out of the atmos- young men came home who had been objection, it is so ordered. phere into foliage and trees. I won and jumping out of airplanes in Europe, The Senator from Idaho. they lost. Now the world has changed they became smoke jumpers and Mr. CRAIG. Mr. President, while the and we can measure the reality of for- dropped down on small fires and put Senate majority leader is still on the est sequestration and we are not al- them out. And the era of the smoke floor, I want to talk about a fire that lowed to do it in a comprehensive way? jumper in the U.S. Forest Service was happened in his State just a few years That is where we are in this debate. born. ago because I was directly involved Fast forward with me, if you will, to And what happened? It is right here with that Senator in recognizing the where we are in the health of Amer- on the chart. Forest fires plummeted, dead and dying conditions of the Tahoe

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Mr. President, I will cower in the corner waiting for other the courts and the environmental just take a couple of minutes of rebut- nations to take on the great issues of groups would not allow it to happen. tal time. Of course, one of the purposes the day. It is ridiculous. That is why Lawsuit after lawsuit stopped it. And a of our bill, in fighting global warming, our States, our Governors, our mayors, year ago, the Tahoe Basin burned— is to save our environment. That is the our conference of mayors support this 3,100 acres, 250 homes, and what is more whole point of the bill, and part of our bill. They are moving while the Na- important, or as important, 140,000 tons precious environment certainly in- tional Government is stuck in neutral. of carbon released into the atmosphere. cludes our forests. We actually do have Finally, we are moving. We are mov- Do you know the second largest re- a forest title in the bill. So I am look- ing forward. We don’t know how far we leaser of carbon into the atmosphere, ing forward to seeing my friend’s will get, but we are going to take this after coal-fired utilities? Forest fires. amendment. I hope it works well with bill as far as we can. So keep your ear The second largest releaser of carbon our bill. out for the words ‘‘India’’ and ‘‘China,’’ into the atmosphere. Yet this bill does We know, as the climate warms, our and ‘‘gas price increases,’’ which really nothing about it except give money to trees are now open to all kinds of pests is ironic since my friends on the other Brazil to save the rain forest because it that didn’t really thrive in a cooler cli- side of the aisle have done nothing but is a popular environmental issue. That mate. If you look, for example, in Alas- vote against us when we tried to push ka—and, of course, we have this in is what this bill is about, the politics of back against those super high prices— California too—the bark beetle is the environment, not the reality of the a 250-percent increase since George thriving now because of warmer tem- circumstance in which we all live, in Bush came into office, and all he could peratures. So I certainly look forward which the Senator from California do was go beg for oil from the Saudi nearly saw the entire San Bernardino to working with my friend on forests. I am looking at the Presiding Officer prince. It is a pretty sad state of af- forest wiped out and a Governor of her sitting there now, and he and I are fairs. State who had to declare a state of working on saving the rain forest. And So now I am done with my rebuttal, emergency and go in and try to stop it and I know Senator SANDERS has been I say to Senator CRAIG, he is absolutely from burning. right about the forests being a carbon waiting and I look forward to his re- So if you are going to create a new marks. sink, and that is why Senator PRYOR world, a greener world, a cleaner world, The PRESIDING OFFICER. The Sen- one that has less carbon in it, you have and others are working very hard to save the rain forest. This is all part of ator from Idaho. to have a forest policy—a forest pol- Mr. CRAIG. Mr. President, in the re- what we do in this bill. So it is a little icy—that begins to revitalize our for- buttal scheme, is there an effort to shocking for me to hear a colleague ests, to thin them, to clean them, to stand and say this bill doesn’t do any- make comments back? No? change the kind of ecosystem in them All right. I thank the chairman. And thing about forests, when the main that doesn’t tolerate 180 million acres let’s add one more word—‘‘forestry se- purpose of this bill is to preserve and of dead and dying trees that will re- questration.’’ That is another new protect God’s planet, and that includes lease hundreds of millions of tons of our beautiful forests. buzzword added tonight. carbon into the environment. The Senator is right. I have been to Mrs. BOXER. Well, since my col- So what do we do? Six tons of CO is 2 those fires as they were raging and I league said that, we have $1 billion in released every time an acre burns. Six have talked to those people and we the bill for forestry every year, so we tons. Up to 100 tons of CO can be re- 2 have to do everything we can to be will show it to the Senator. leased per acre, depending on the num- smart about protecting our lands. The PRESIDING OFFICER. The Sen- ber of trees within that acreage—300, I also want to address Senator ator from Vermont. 400, 500. So that is a reality. Last year, CRAIG’s point about India and China. The PRESIDING OFFICER (Mr. in the 9.2 to 9.4 million acres that He jokingly, I guess, said you should BROWN). The Senator from Vermont is burned, we released the carbon equiva- call it—I think he said the China- recognized. lent emissions of 12 million passenger India—— Mr. SANDERS. Mr. President, before automobiles running for 1 year, or the Mr. CRAIG. Economic Stimulus Act. I begin my remarks on this global entire passenger automobile fleet of Mrs. BOXER.—Economic stimulus warming legislation, I did want to say the State of California, or somewhere blah blah. Ridiculous. Because the bot- one word about gas prices, which are close to that. Yet this bill doesn’t ad- tom line is, when anyone stands up and impacting my State of Vermont very dress forestry? It doesn’t address forest says India and China, it is because they heavily because workers in Vermont health? It doesn’t address the kinds of do not want to do anything about glob- have to travel long distances to work, things that we ought to be doing in an al warming. They are code words. and the weather gets very cold and we active management system to revi- These are turned into code words, and spend a lot of money on home heating talize our forests? No, it doesn’t. It is what I want to say is, how far have we oil. not environmentally popular to do. En- fallen as a nation when we sit back and What I say to my Republican friends vironmentalists have spent the last 20 wait for India and China to lead us on is I am glad to hear they are concerned years shutting down our forests. an issue as important as this? This is about these soaring oil and gas prices. So tomorrow I will bring a com- our turn. In the coming days we are going to prehensive amendment to the floor to I mean, we are going to hear in a give them an opportunity to stand up attempt to add to this bill, to get us minute from Senator SANDERS, who is to the big oil companies who are enjoy- back into the business of forest man- going to come at this and say this bill ing record-breaking profits as they rip agement, healthy forests, revitalizing doesn’t do nearly enough. Unfortu- off the American people. We are going our forests, and, hopefully, over time nately, Senator SANDERS, we have peo- to give our Republican colleagues the changing the ecosystem of our forests ple here who think this bill does way opportunity to stand up to the specu- in a way that we don’t burn 10 million too much, and they are fighting us lators who many experts believe are acres a year and release hundreds of every step of the way, which is very driving up the price of oil by 25 to 50 thousands of tons of carbon into the at- difficult for those of us who believe percent. And we are going to give them mosphere. And this can be done at very this is our challenge, this is our time, the opportunity to join with us to little cost. You don’t have to have a these are our grandchildren we have to stand up to those people who are caus- cap-and-trade scheme that pours tril- protect, and this is our planet we have ing oil prices to be so high and are lions of dollars into it. to protect. causing so many problems all over this

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There will be an increase in the issues of global warming, they are LIEBERMAN, and Senator WARNER, and malnutrition and starvation because of right. It is not going to be easy. But it all of those who worked so hard to the loss of arable cropland and water. will be 100 times more difficult to ad- bring this historic legislation to the Those are some of the realities that dress the disasters that will come if we floor. This is a very important start in will be seen in coming generations. do not act now. All over the world peo- addressing one of the great crises fac- Let me be even more specific about ple of all political persuasions, of all ing our planet. But in my view, and I what the future will bring if we do not religious persuasions, understand that think in the view of many people in the reduce global warming in a significant simple reality. If you do not act now, it scientific community, if we are going way. Many of our friends say: Oh, there is not going away, it is only going to to respond in a serious way to what the are problems here, look at all the prob- get worse. best evidence out there is telling us, lems. Yes, there are problems, but What the leading scientists are tell- this bill must be strengthened in a think about the problems that will ing us is that not only is the situation number of ways. take place if we do not act. In this dire, it is worse than they had pre- In the short time I have now, I wish sense we have to not be selfish because dicted only a few years ago. I am a to focus on four simple points. No. 1, we are talking about our kids, our member of the Committee on Environ- what are the most knowledgable sci- grandchildren, and the future of this ment and Public Works. That is what entists in the world telling us about planet. This is what we will be seeing these people do. They come and say: global warming and what will happen if in the not too distant future. Yes, we told you the situation was bad. we do not act boldly? No. 2, how can we In the western United States, there We were wrong. It is worse than we had reverse global warming through an ag- will be a major crisis in terms of find- told you only a few years ago. gressive path of energy efficiency and ing drinking water. There are great What the scientific community is renewable energy? No. 3, how can discussions taking place right now in now telling us, and why this particular transforming our energy system create California. While we have already seen bill is lacking, is that the United millions of good-paying jobs here in major problems in terms of forest fires States must reduce its global warming the United States? And, No. 4, I want in recent years—and my colleague from emissions by at least 80 percent by to mention some of the amendments I Idaho was on the floor talking about 2050, and some say we should do more will be offering to strengthen the bill. forest fires—he ‘‘ain’t seen nothing than that. Further, through its leader- Let me begin by mentioning that the yet,’’ if this planet continues to warm. ship—we are the most powerful Nation International Panel on Climate Furthermore, we will see heat waves, on Earth—through its political which will become more frequent, Change, the IPCC, is made up of more strength, its advanced technology, we which will cause terrible health im- than 2,500 scientific expert reviewers, must do everything we can to work some 800 contributing authors, and in pacts, especially for the elderly. In Africa, by 2020, fresh water sources with the international community so excess of 450 lead authors representing for between 75 and 250 million people that as a planet we go forward together 130 countries. Collectively, this group, will be stressed. In Asia, fresh water in substantially reducing greenhouse the entire team, was jointly awarded availability will be decreased, poten- gas emissions. The world is crying out the Nobel Peace Prize last December. tially adversely affecting more than 1 for America’s leadership. We must give Let me very briefly summarize the billion people by the year 2050. it. findings of the IPCC, and let me state In Latin America, by mid-century, If we do all of these things, there is very clearly that this, their work, con- tropical forests will be replaced by sa- still a chance that we may not be suc- stitutes the overwhelming position of vanna, causing a significant loss of bio- cessful in keeping the worst from hap- the scientific community. That is why diversity and water availability. pening. Those are the problems our they received the Nobel Peace Prize. Finally, in the polar regions, the loss planet is facing. What should we do to This is what they said. of ice in glaciers and ice sheets and address them? What do we do? Frankly, Warming of the climate system is un- changes in snow conditions will nega- I happen to believe that not only is the equivocal. With 90 percent certainty, tively affect wildlife and arctic com- global warming crisis solvable, I hap- most of the warming in the past 50 munities. From this, sea level could pen to believe it is not quite as com- years is due to human activity. Carbon rise up to 23 feet, with the complete plicated as many others believe. The dioxide levels in the atmosphere are melting of the Greenland ice sheet, truth is that as a result of a lot of ex- higher than they have been in over the which would take many centuries but cellent scientific and technological last 650,000 years. Eleven of the twelve would ultimately occur due to man- work done here in the United States years between 1995 and 2006 rank made emissions. and all over the world, we know what among the 12 warmest years since we When people say: My goodness, re- has to be done. We know what has to be have been keeping records—meaning solving global warming is a problem— done. It is not a mystery. since 1850. Without a major change, by yes. But compared to what? Frankly, if you compare for a mo- 2100, temperatures will likely increase Let us also be very clear that the ment the challenge that we face with between 3 and 7 degrees Fahrenheit. horrific problems we are talking about global warming today compared to the Further, with 90 percent certainty sci- for the future have already begun challenge the Congress of 1941 faced entists expect that hot extremes, heat today. This is not saying, gee, it is all when we were attacked at Pearl Har- waves, and heavy precipitation events going to happen tomorrow. It is hap- bor, our job is much less difficult than will continue to become more frequent, pening today, right now. Yesterday, their job was. They had to create ar- and the higher the temperatures be- one example of a million, the New York mies to fight all over the world. They come, the worse the effects of global Times reported that large parts of had to rebuild the civilian economy warming will become. That is what the Spain are turning into deserts and con- into a war economy. And they did all of scientific community is telling us. flicts over water are increasing, in part that in a few years—and won, both in There is not a lot of debate within the because of global warming. A long- Europe and in Asia. That was a prob- scientific community on these issues. term drought in Australia, which many lem. But what does unchecked global believe is related to global warming, This, frankly, in my view, is less of a warming actually mean for ordinary has significantly reduced their food problem. What do we have to do? In people, who are not Nobel Prize-win- production, which some experts believe English? No. 1, we must move aggres- ning scientists? It means there will be is one of the reasons international food sively toward energy efficiency in a significant increase in human misery prices are rising. That is today, not 10 every area of our lives, and the tech- and death for our children, our grand- years from now. nology is here for us to do it. My own

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.074 S03JNPT1 jbell on PROD1PC69 with SENATE S4954 CONGRESSIONAL RECORD — SENATE June 3, 2008 State of Vermont has been aggressive moving in terms of sustainable energy, pacity exceeds 3,000 megawatts, accord- with regard to energy efficiency and major breakthroughs are already tak- ing to a 2008 Sandia National Labora- the results are very promising. As a re- ing place in our country and around tory presentation. sult of strong energy efficiency efforts, the world in terms of such renewable There it is. It is happening. People my State is using 5.3 percent less en- energies as wind, solar, geothermal, are talking about all kinds of things, ergy than it would have without those and biomass. If we are smart and pre- solar concentrating powerplants are programs. These efforts have made pared to invest in a reasonably short taking place right now, increasingly Vermont the first State in the country period of time, we can move our coun- cost effective, and no greenhouse gas to experience negative load growth try not only away from foreign oil but emissions. while the population is increasing. Said away from fossil fuel in general, the One of the country’s largest utilities, another way, the State has actually re- burning of which is the major cause of Pacific Gas and Electric, is working duced the amount of electricity it uses global warming. We now have the po- with Solel Solar Systems to build and while still adding more users and expe- tential to produce an enormous operate a 553-megawatt concentrated riencing economic growth. And amount of energy in a cost-effective solar powerplant in the Mojave Desert Vermont has barely scratched the sur- way through sustainable approaches which would provide electricity for face in terms of energy efficiency. I which not only do not emit greenhouse 400,000 homes. We can build dozens of have no doubt, for example, that gases but produce virtually no pollu- those plants in the United States of Vermont and the rest of the country tion at all, clean up our environment, America. can do much better in years to come, as well as cut back on greenhouse gas Furthermore, in terms of solar tech- especially as new technology such as emissions. nology, we are not only talking about LED light bulbs are introduced into Let me give you a few examples of solar powerplants, we are also talking the economy. These bulbs will consume what I am talking about. about photovoltaic. And more and one-tenth of the electricity of an in- Wind is the fastest growing source of more Americans, in their homes, in candescent bulb. So the potential in energy in the world and the United their buildings, in public buildings, in terms of energy efficiency is extraor- States, but we have barely begun to businesses, are installing solar dinary. tap its potential. Today, we are pro- photovoltaics, the price of which But the issue is not only with elec- ducing less than 1 percent of our elec- should also come down significantly as tricity. The issue is also with transpor- tricity from wind, but even the Bush production increases. Photovoltaics on tation. Given the dismal situation in administration acknowledges that we the roofs of only 10 percent of the ex- terms of efficiency in transportation can get as much as 20 percent of our isting buildings in the United States today, we can’t help but make enor- electricity from this valuable renew- could meet 70 percent of peak electric mous improvements in years to come. able resource. We should be supporting demand. Worldwide installations of Automobiles, including hybrids and hy- wind energy not only through the cre- solar PVs have increased by nearly 50 brid plug-ins, will get at least 50 miles ation of large wind farms in the appro- percent last year. This is an exploding per gallon and it should be common- priate areas but through the produc- technology in the United States and all place within a few years. Forget about tion of small, inexpensive wind tur- over the world. We have to do every- the cars that are getting 15 miles per bines which can be used in homes and thing we can to increase and help out gallon, we will get 50, 75 miles per gal- farms throughout rural America. and make sure that technology con- lon and even more. Electric cars will be In terms of solar power, the potential tinues to grow. on the market that will have a range of is almost unlimited. Right now, as we The bottom line here is, as we move 200 to 300 miles. You go to work, you go speak, concentrating solar powerplants forward in all of these areas, we are on your trip, you come back, plug it in, are being built and planned in the going to create millions of good-paying and you are off and running the next United States and throughout the jobs, transforming our energy system day. world. These plants can produce as away from foreign oil and fossil fuels Today, rural America is sorely lack- much electricity as a small nuclear into energy efficiency and sustainable ing in public transportation. In powerplant. Let me repeat that. Plants energy. The potential is extraordinary. Vermont and all over America, workers are being constructed today which This is a great country. We have faced have no choice but to drive to work be- emit virtually no greenhouse gas emis- challenges in the past. We can and cause we don’t have the kind of bus sions, which are cost effective, and must accept this challenge now. system we have to have. Build that bus which can produce almost as much The PRESIDING OFFICER. The Sen- system. You are going to save an enor- electricity as a nuclear powerplant. ator’s time has expired. mous amount of energy. It is estimated that this one solar The senior Senator from Oklahoma is In terms of our antiquated rail sys- technology which is beginning to ex- recognized. tem, think of the potential we have plode in the southwest part of our Mr. INHOFE. Mr. President, first of there. Today we are far behind, both in country—in Nevada, southern Cali- all, let me comment that these things passenger travel and in cargo travel. fornia, New Mexico—this one tech- do not come without a cost. I am put- We are way behind Europe and Japan, nology can provide as much as 25 per- ting up some things that will happen in other parts of the world. We can and cent of our Nation’s electricity and the State of Vermont. But I would also must build a modern transportation maybe even more. It is there. It is hap- say this: It is so tempting to debate system, a rail system. When we do pening now. The Federal Government, when he talks about the science here that, we save unbelievable quantities of course, has been very slow to re- because the science is not settled. of energy. In other words, what the sci- spond or to help. It is happening even But I stated—and I do not think the entific community has told us over and without our help. Senator from Vermont was on the floor over again is that the cheapest energy To offer another example, building when I opened the discussion yester- is the energy we don’t use. As a Nation just 80 gigawatts of concentrating solar day, I guess it was—that for the pur- we are going to make some progress in power capacity—a target that is pose of this bill, so that there will not this area, but we have a long way to go. achievable by 2030—would produce be Members coming down who do not As we contemplate a strategy to re- enough electricity to power approxi- want to talk about the bill and instead verse global warming, breaking our mately 25 million homes, while helping want to talk about the science, I said dependance on foreign oil and stimu- to reduce greenhouse gas emissions. as far as the bill is concerned, let’s as- lating the economy, there is some very This is there now. This is what we can sume the science is there so we do not good news out there if we are smart be doing. have to put that on the table and use enough to hear it, if we are prepared to Furthermore, the cost of concen- up the time. So that is what we have take on powerful special interests, and trating solar powerplants has already been doing. I hope we will be able to if we are prepared to develop the polit- begun to decline as production in- continue to do that. However, tomor- ical will to go forward. creases. In fact, concentrating solar row, after the locked-in vote on the Despite the fact that the Federal power costs are projected to drop to 8 budget, I believe we are going to be Government has been very slow in to 10 cents per kilowatt hour when ca- going, hopefully, to some of these

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.075 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4955 amendments which I think are very our capacity of energy, and it goes would generate $6.7 trillion of new rev- significant. down on straight party-line votes. I am enue. The problem, of course, is that Now, I had by unanimous consent talking about increasing the explo- revenue comes from consumers and asked to have, I think, locked in 30 ration in ANWR, offshore, in all of the people in higher energy costs. It is a minutes. I do not need that much time. other areas, addressing the tar sands, tax on everyone in this country who I would like to repeat a couple of trying to do something in expanding uses energy. It is a tax on energy, of things. into the shale in western Colorado, the course, either consumer products such I understand Senator ENZI is coming Western United States, trying to do as food, manufactured goods, or higher back to the floor. One of the things I something about tax incentives for prices on anything made of concrete, think he stated earlier when he was marginal well production. You know I steel, or chemicals. Now, you can bet speaking was something that somehow know about that because we are the that whenever the Government tells people have forgotten; that is, there largest State for marginal production you they are going to redistribute can be no debate over whether jobs are in the country. That is wells of 15 bar- money, the money they are distrib- going to be lost. Jobs have to be lost rels or fewer a day. So if we had all of uting is coming from the U.S. tax- because we are talking about putting a the marginal wells producing today payers one way or another. cap on oil and gas, putting a cap on our that we plugged in the last 10 years, it The next shell game trick is the energy supply. We are talking about would amount to more than we are cur- promise of tax relief. We have heard doing what we can to reduce coal. rently importing from Saudi Arabia. this. We talk about tax relief. I hope There is no nuclear provision in this So I have to get on record here to everyone was listening when I read bill. So we are going to have a cutback make sure everyone understands. And very carefully from the bill that there in the ability to run this great machine the documentation is there. Every time is no tax relief. They are merely talk- we call America. we have tried to either get nuclear or ing about this, what they should do So what happens to manufacturing tried to do something about clean coal with all of this money after it has been jobs in the State of Ohio and other technology or something about oil and redistributed back to people. But it States? They go south. Most of them gas, to expand our supply of energy in doesn’t say they will do it. It does not will go probably to China, some down America, it goes down right along authorize it. It does not direct it. In to Mexico. But already we have seen a party lines. That is the problem we fact, if it did happen, it still has to go huge migration of jobs, manufacturing have. to the Finance Committee, and they jobs, and the estimate on this bill is Now, I do have another area I wanted would have to make those decisions. that would be increased by 9.5 percent. to talk about and maybe try to put it But they are saying—the sponsors of We have the studies that show we in a different context than it has been the bill are promising Americans $800 would lose manufacturing jobs by an- in the past, because the bill with all of billion in tax relief over the next 40 other 9.5 percent over and above all of these ramifications, with the 45 new years. Now, the trouble is they are tak- the manufacturing jobs that are gone. bureaucracies, with all of the money, ing in $6.7 trillion. If they do redis- Now, if you do not agree with these with the $6.7 trillion of additional tribute the $800 billion, that is not a studies, use a little logic. If there is no money that is going to come into the very good deal; that is $1 back for energy to run these manufacturing system—that has to come from tax- every $8 put in. Only in Washington, jobs, they have to go where the energy payers, from consumers of energy. DC, does that sound like a good return is. It has been 30 years since we have That is where it is going to come from. on investment. had a new coal-fired generating plant When this all comes up, it is a shell Now, how much tax relief will $800 in the United States. China is cranking game. It reminds me of the magician billion provide? Let’s break it down. one out every 3 days—every 3 days. And who takes a small object and he puts it Over 40 years, that is $20 billion a year. under a shell, all under the watchful I know it is a mess over there. It is a While that seems like a lot of money— eyes of the public. Then he starts mix- polluted mess. We spent a lot of time and it is—this year’s tax rebate cost ing them up in the shells. The problem talking about CO . But I would state to the Government $150 billion. This 2 is that the magician does such a good the chairman of the committee that in means that for the U.S. taxpayer to job of shuffling the shells around, no play the Lieberman-Warner shell game, China, it is SO2, CO2, it is mercury, it one can agree where the prize is, and they have to fork over $8 for the is everything else, because they do not sometimes the magician simply re- chance of getting back $1. really have the restrictions. moves the prize in a slight-of-hand and So the point Senator ENZI was mak- The bill’s sponsors also play the same all of the shells are empty. Well, this ing was that when these jobs go over shell game with different industries. bill, the Lieberman-Warner bill, is there—let’s say this bill passes, which They promise them that a small much like a shell game. They promise it will not, but if it did pass, that it amount of money is hidden under one everything to everyone. shell and hope they don’t notice how would have the effect of increasing CO2 There is one group—I do not think I in that respect. And it is very simple will mention their name now—one of much they will have to pay overall. because it would go, as Senator ENZI the big ag groups in this country has They promise the auto industry less said, to these countries where they came out, and they were convinced than $2 billion a year for research and have no controls. So that is very sig- they were going to get all of the credits development, when the industry al- nificant. and they would be able to control these ready spends $75 billion a year. They The third point I wish to make, be- credits and they were going to make promise $34 billion to help transition cause it has been made several times all of this money. Now they realize oil refineries over the life of the bill, by my very close friend, the junior that is not true, so they have taken when in the first year alone, 2012, they Senator from California, the chairman their support away from this. will have to purchase over $65 billion of the committee, that somehow the But the bill that promises everything worth of credits based upon conserv- increase in gas has something to do to everyone showed the public a pile of ative estimates. This is actually writ- with the Bush administration, when I money under one shell, and then they ten into the bill where you have the would only remind you that during the lead people to believe everyone is going credits allocated by industry for the in- period of time we have had the accel- to get that. The trouble is, there are dustrial base. Then they say: This is eration of the price of gas at the pump, more losers with the Lieberman-War- the amount that you get credit, but it has been through the Congress, con- ner bill than winners. What makes it this is what you are going to have to gressional acts. In fact, if anyone worse is we are the ones choosing the eventually come up with. That is the doubts that, they can go to our Web losers and winners. We try very hard to difference, that is what they are going site. The chairman and I, as chairman make everyone think they will be bet- to have to pay. In the case of the auto and ranking member, have a Web site ter off under this redistribution of industry, it will be $65 billion worth of called EPW, Environment and Public wealth, but, like most schemes, it does credits. They offer fossil fuel-fired pow- Works, epw.senate.gov. When you go not work. erplants an average of $7 billion a year in, you will see I have documented the The first major shell game trick is in assistance, ignoring the fact that in votes of every time we try to increase the claim by the sponsors that the bill the first year alone they will have to

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.076 S03JNPT1 jbell on PROD1PC69 with SENATE S4956 CONGRESSIONAL RECORD — SENATE June 3, 2008 purchase over $20 billion in allocation distracting farmers with new regu- People say: What are you going to credits. latory programs and higher costs. do? Let’s assume that all this stuff is Even worse, the sponsors play the This is kind of funny. I happened to supposed to go back to taxpayers which same shell game with workers’ jobs. be chairman at the time, back when we have calculated to be something They promise a whole host of new so- the Republicans were the majority, of less than—at the very most it would be called green jobs in exchange for good the Environment and Public Works $2.5 trillion, that that would leave $4.2 paying manufacturing jobs. The prob- Committee, when there was an effort trillion. This is where it is going, for lem is, the good jobs created under to make propane a hazardous material. all these bureaucracies: The early ac- Lieberman-Warner are in developing I remember seeing a bunch of people tion program, the efficient manufac- countries such as China, India, and wearing red coats walking in the back. turing program, the low and zero car- Mexico. The American worker is left They were young people. I didn’t know bon electricity technology fund, the with an empty shell. who they were. I said: We can docu- carbon capture and sequestration tech- Dr. Kenneth Green, with the Amer- ment that this will cost the average nology fund, the liabilities for closed ican Enterprise Institute, stated in tes- farmer in my State $700 a year more geological storage sites task force, the timony before our committee, when I than they are paying now in excessive climate change transportation tech- asked him if global warming initiatives regulatory costs. We defeated that. nology fund, the cellulosic biofuel pro- create new green jobs: When we defeated it, all these young gram. This is kind of interesting be- The short answer, I would say, is that they kids stood and applauded. I didn’t cause right now my State is a leader in might do so, but only at the expense of other know it, but it was the ag youth com- the cellulosic biofuel programs. It is jobs that would otherwise have been pro- mittee of the State of Oklahoma. There Oklahoma State University and the duced by the free market. Further, I would must have been 40 of them there, Noble Foundation. I would like to see suggest that the end result would be signifi- bright young kids. Of course, every this happen. cantly less jobs on net, less overall economic shell game someone comes out ahead. I stood on the floor of the Senate—I growth on the net, and most likely, the loss In this case, the magician is the Fed- think this is one of the rare things we of existing capital as a by-product. eral bureaucracy. agreed with, I say to my good friend, That was in our committee. That was The bill creates a host of new Federal the Senator from California. All these a testimonial from someone who is programs, boards and funds, all of ethanol mandates that we went very knowledgeable. Even the so-called which will require new regulations, through, initially all the environ- green jobs will be going overseas. Just staff and resources. To give you an mentalists were for these mandates. last month the California-based Sun- idea, when people talk about the Now people realize that with the man- Power Corporation, the second largest amount of money, this net amount of dates and with the increase in the man- solar cell manufacturer in the world, money is out there. We talk about the dates in the energy bill of 2007 that we announced it is building its new manu- $6.7 trillion. We talk about a period of passed in December, now it has doubled facturing plants in Malaysia. I am sure time that will extend 38 or 40 years out or tripled the mandates that were al- one of my colleagues might say the fi- right now and some 45 bureaucracies. I ready there. What is happening? They nancial incentives in the bill for solar want you to look and see. This is what produce a dirtier fuel that is less effi- power will keep more of these jobs here we would be creating. People who vote cient. It is not good for the engine. It in the future, but we already subsidize for this bill are voting for all these bu- takes the life of the engine down. But them by $24 dollars per megawatt hour reaucracies: A Federal greenhouse gas worst for me in my State of Oklahoma, compared to 44 cents for coal and 25 registry, efficient buildings program, a it is competing with feedstocks. Our cents for natural gas. How many more super efficient equipment and appli- feedstocks in Oklahoma have tripled subsidies do they think they need to ances development program, a clean since all this stuff started because they keep the green jobs here? medium and heavy duty hybrid fleets are using this. The cellulosic biofuel Another victim of the shell game is program, research on the effect of cli- program was a result of that because the American farmer. They are prom- mate change on drinking water utili- that is something that is not going to ised funds for carbon offsets. Yet they ties program, the Rocky Mountain cen- be used to compete with. aren’t told of the increased prices they ter of the study of coal utilization, the On with the list: The Bureau of Land will be paying for everything from Sun grant center for research on com- Management emergency firefighting electricity to propane to natural gas to pliance with the Clean Air Act, the program, the Forest Service emergency diesel fuel, fertilizer, chemicals, tires, outreach initiative on revenue en- firefighting program, the Federal wild- batteries, belts, bearings, farm machin- hancement for agricultural producers, life adaptation program, the national ery, spare parts, and everything else the agriculture and forestry emissions wildlife adaptation program, the they use. That is the reason you have distribution program, the carbon mar- science advisory board, the climate all the farmers groups opposing this, ket oversight and regulation working change and natural resources science saying: We can’t be dealt one more bad group. These are all going to be staffed center, the international climate hand. with people. It is all going to be paid change commission, the international I know my farmers in Oklahoma are for by the results of this bill, if it reserve allowance program. These are having a problem, in addition to a lot should pass, which I am quite sure it all bureaucracies, you guys. I hope of the overregulation they are suffering will not. The carbon market efficiency somebody is watching. The capacity through. We have something that is board, the climate change technology building program, the clean develop- probably not very prevalent in the board, the climate change worker ment technology deployment fund, the State of California. It is called the training and assistance fund, the effi- international clean development tech- burying beetle. It is about that big. ciency and renewable energy worker nology board, the international cli- That stops farmers from being able to training program, the climate change mate change adaptation and national cultivate their fields, and it is a serious worker assistance program, the multi- security program, the interagency cli- problem. Now they look at this and agency steering committee, the na- mate change task force, and finally, say: Wait a minute. It is going to be tional climate change advisory com- the Climate Security Act administra- even worse in the future. mittee, the office of climate change ad- tive fund. Farmers have serious problems. In justment assistance. I have to read Here we are with all 45 new bureauc- addition, this empty shell promise will these out so people know this monster racies, programs that are created. I come with increased regulations and we are talking about. The workforce guess we know who the winner is in the inspections by the EPA as they set up, training and safety program, the cli- Lieberman-Warner shell game: The monitor, and then annually verify mate change consumer assistance fund, Federal Government, at the expense of farmers’ activities. My farmers always the transportation sector emission re- families, workers, and taxpayers who use the phrase, they don’t want more duction fund, energy efficiency and are going to pay for all this fund we bureaucrats crawling all over their conservation block grant program, will be having. farms. It is almost as if the sponsors tribal climate change assistance fund, I don’t recall, in the years I have are playing a shell game in hopes of State wildlife adoption fund. been here, seeing more interest from

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.078 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4957 more different areas in a piece of legis- . . . in the name of the planet. A study by number of nuclear plants, agrees with lation. I would like to share some of Charles Rivers Associates puts the cost (in that. the things that I thought were of inter- terms of reduced household spending per In fact, the Energy Information est. A lot of these are from, I think it year) of Senate bill 2191— Agency estimates that gas prices would was the senior Senator from Ohio, who which is the present source on this— increase from 41 cents somewhere to a was talking about one of the medias I to $1,300 per household by 2015, rising to dollar. When they talk about only 2 will be quoting. I will get to it. I am $1,500 to $2,500 by 2050. cents a year, that is on a study the EIA not sure which one it is. Electricity prices could jump by 36 percent did that assumes that currently we The Associated Press: to 65 percent by 2015 and 80 percent to 125 have 104 nuclear plants and that would percent by 2050. With gasoline at $4 a gallon and home be increased by 260. Nuclear, we are heating and cooling costs soaring, it is get- By the way, we have another chart going to have some amendments. There ting harder to sell a bill that would trans- which I do not have with me which I will be several amendments on that. form the country’s energy industries and, as will be showing tomorrow that has the Let’s remember now the other two critics will argue, cause energy prices to rise breakdown by CRA, showing what each major things that are worth repeating. even more. State has. It happens that the highest You lose your jobs. The jobs are not That was from ‘‘Economic Cost States in terms of the problems are the going to be here. You are not going to Drives Senate Climate Debate.’’ States of Oklahoma and Texas. The av- have the energy. This bill puts caps on The Wall Street Journal: erage cost for the average household in all the energy we produce today. They This is easily the largest income redis- my State of Oklahoma and the State of talk about the future. Yes, as the Sen- tribution scheme since the income tax. Texas is $3,300 a year. So it is far great- ator from Vermont said, I want to have The New York Post: er than average, so naturally I am a the renewables. I want to have solar The only thing it will cool is the U.S. econ- little more concerned than some of the energy that will work. I want to have omy. In effect, the bill would impose an aver- others are. wind energy. All of these we want to age of more than $80 billion in new energy The Las Vegas Review Journal: taxes every year. have. We need them all. Consumers are already struggling with But what are we going to do today? Robert Samuelson in the Washington gasoline approaching $5 a gallon and other That technology is not here. Today the Post: utility costs that have been moving steadily technology on oil and gas is here. The higher for the past few years. New mandates Let’s call it by its proper name: cap-and- technology is here on clean coal. We tax. placed on producers in the name of ‘‘global warming’’ will only make matters worse. actually have, right now, 32 applica- George Will, a little more intellec- tions pending on new nuclear plants, a The Plain Dealer—this is the one tual on this one: nuclear renaissance. That is what we that is in Cleveland, OH, so I am sure Speaking of endless troubles, cap-and- need in this country. the Chair knows a little bit about this trade comes cloaked in reassuring rhetoric Lastly, the tax and spend: $6.7 tril- about the government merely creating a newspaper. This is the one that was lion, all going to be paid for by all market, but government actually would cre- characterized by the senior Senator these people out there. Maybe they ate a scarcity so that government could sell from Ohio as normally being moderate may get back $1 out of every $8 they what it had made scarce. to liberal as opposed to being conserv- pay, but I doubt it. Because, as I said Charles Krauthammer, this is one ative. It says: earlier, if you look and see clearly that was a few days ago. There is an- The bill, as conceived, will just bore new other one in this morning. I would in- what it is that is in the bill, it says we holes into an already battered economy. should return some of this money to vite anyone out there who wants a lot That was an editorial by the Plain of details on how bad this legislation them, but it does not demand it. It Dealer of Cleveland, OH, called: ‘‘Car- does not authorize it. The Finance is, I had an op-ed piece in this morn- bon Cap-And-Trade Bill Is Going No- ing’s Wall Street Journal. I covered all Committee would end up having to do where, For Good Reason.’’ it. these things in much more detail with Mr. President, it is my understanding documentation, and you can only do it Now, with that, I will yield the floor I have 30 minutes. How much time do I for the response. in print. So I did it. have remaining? Charles Krauthammer: The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The ator from California. There’s no greater social power than the Chair understood the Senator to have power to ration. Other than rationing food, Mrs. BOXER. Mr. President, in my there is no greater instrument of social con- 25 minutes. rebuttal, I say to my good friend from trol than rationing energy, the currency of Mr. INHOFE. Yes, but I also had the Oklahoma that I truly believe one of just about everything one does and uses in 5 minutes in addition to rebut after the the reasons his party is in trouble right an advanced society. speech, which I acknowledged and now and his party is losing all these Human Events: asked for when I first started talking. elections right now is because they do It will significantly increase the price Twenty-five plus 5 equals 30. not have any answers to the problems Americans pay for gasoline and electricity. The PRESIDING OFFICER. Without that are facing us. Cap and trade is an economy-killer. objection, it is so ordered. Whether it is high gas prices—and The Hill: Mr. INHOFE. Pittsburgh Tribune-Re- my friend can say Congress was respon- A bill that the senate will debate after Me- view: sible. Come on. I remember when morial Day could add about 50 cents more to If there indeed is a second Great Depres- George Bush ran with DICK CHENEY, the price of a gallon of gasoline, according to sion to come, this will be the government and they said: We are two oil men, and a study. measure that guarantees it arrives with a we are going to make sure—we are There are several studies in this area. devastating gut punch. going to use the power of the Presi- It is far greater than that. I think the San Francisco Chronicle. We have to dency and the Vice Presidency to bring EPA actually had the study that said have this one because generally they down gas prices. What happened? We that it would be 53 cents a gallon in- are on the other side of these issues. will show you the chart again: a 250- crease. The Senate debate on the climate bill percent increase since George Bush The Wall Street Journal: probably will focus on its impact on energy came into power. You could try to Boxer climate tax bill would impose the prices and the economy, which in the short blame that on the Congress. most extensive government reorganization run could be considered significant. That just does not wash because we of the American economy since the 1930s. Anyway, we have many, many more. Democrats have offered many ways to Investor’s Business Daily: So I guess to finalize what I have said, go after big oil. We have offered resolu- The bill essentially limits how much gaso- you have to repeat some of these tions saying we should be free of for- line and other fossil fuels Americans can use, things. First, we do have the problem eign oil. Republicans, for the most as Klaus puts it . . . of gas prices. You could argue it is not part, do not vote for it. Democrats do. Talking about one of my real heroes, going to increase the price of gas. So that is a red herring. he is the President of the Czech Repub- Every study we have, except one that To blame it on the Congress is kind lic. He said: presumes we are going to triple the of laughable, when George Bush was

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.079 S03JNPT1 jbell on PROD1PC69 with SENATE S4958 CONGRESSIONAL RECORD — SENATE June 3, 2008 complaining about the price of oil The challenge of climate change is to avert ical and economic environment bypassing when he got into office—I remember disaster for future generations. At least the Climate Security Act. It will provide a that; it is not that much ancient his- major legislation is now on the table. good framework for the next president.’’ tory—and has been really unable to do The Denver Post: The Denver Post (Colorado), May 30, 2008. anything about it. And just as we are In a time of global economic competition, on the brink of passing a very impor- future prosperity belongs to the quick. We tant bill to get us off foreign oil, get us urge the Senate to support enlightened ef- Tallahassee Democrat: Our Opinion: Florida should support Climate Security Act off big oil, and all those programs my forts to deal with the world’s changing phys- friend read from—and I will talk about ical and economic environment by passing ‘‘Still, it’s time for the United States to the Climate Security Act. them more tomorrow. Those are not make a strong statement on global warming, The Tallahassee Democrat: and it’s time for Florida’s business and polit- bureaucracies. Those are actually in- ical leaders to show the way on the issue vestments we are going to make so we Florida should support Climate Security Act. again.’’ make sure we get off of oil so we make Tallahassee Democrat (Florida), sure in the future our prices go down. The Orlando Sentinel: June 1, 2008. That is what the Boxer-Lieberman- Take [a] step forward. Climate-change bill Warner bill will do. being wrongly targeted as bad for economy. Orlando Sentinel: Take step forward. Our po- So to sum up, what you are hearing— The Orlando Sentinel is very strong. sition: Climate-change bill being wrongly and I have listened all day to every The Miami Herald: targeted as bad for economy speech. I am very pleased Senator DOLE U.S. Must Act Quickly to Slow Global ‘‘. . . the U.S. Senate will vote to end is here to speak in favor of the Boxer- Warming. America’s dangerous isolation on the issue of Lieberman-Warner bill. I welcome her The Des Moines Register: climate change by embracing a cap and trade, carbon emissions-limiting system to this debate. We have had some great Congress Should Pass Climate Change Bill. bipartisanship on our side today. We honored by nations that long ago conceded The Boston Globe: have heard from Senator SNOWE. We the reality of global warming.’’ Orlando Sentinel (Florida), have heard from Senator WARNER. We Getting Warmer on Emissions. May 31, 2008. are going to hear from Senator DOLE. Grand Rapids Press: And, of course, we heard from Senator Seize the Chance to Address Global Warm- Miami Herald: U.S. Must Act Quickly to LIEBERMAN, an Independent. So we ing. have tripartisan support for our bill. . . . .the direction laid out in the bill rep- Slow Global Warming But on the other side, it is the same resents the best path for addressing climate ‘‘The leading bill is sponsored by Sens. Jo- old, same old, same old—attack, at- change in the United States. seph Lieberman, I–Conn., and John W. War- tack, attack. They say we have a tax St. Louis Dispatch: ner, R–Va. It sets a goal of stopping emis- Serious for a Change. sions growth by 2012 and is set to be debated increase when we have a huge tax cut. in June. While President Bush might veto They ignore the fact that half of the The Climate Security Act is a good first step. . . . such a bill, all three leading presidential bill’s revenues go to the people—deficit candidates support the approach. So the reduction trust fund, tax cut, and con- And it goes on and on. prospect of a cap-and-trade proposal passing sumer relief. They ignore the fact that The Star Ledger: is good, even if it has to wait a year.’’ what we do with the rest of the funds is Speed a Plan to Fight Global Warming. ‘‘Not to act quickly to protect the planet invest them in our country, in our peo- It just goes on. would be far more expensive.’’ ple. That is why many unions are sup- Newsday, the New York Times. Miami Herald (Florida), April 22, 2008. porting us, because they understand The Oregonian: the jobs are going to be created, just as The legislation, called America’s Climate they are being created in California. Security Act, would be the nation’s first Des Moines Register: Congress Should Pass Right now we have a horrible prob- meaningful step. . . . Climate Change Bill lem in California with our housing in- The Register Guard: ‘‘In the cost-benefit analysis of climate change, doing nothing could carry a dev- dustry, our construction industry. Time to Act. . . . Those jobs are going, thank goodness, astating potential cost in everything from to the 450 new solar energy companies And this is to Senator SMITH. higher food prices to real estate lost to ris- that are located there. Harrisburg Patriot News: ing sea levels. Acting now, however, means ACT NOW. . . . taking steps toward a cleaner environment, I know my friend who is sitting in exploring new energy sources, less reliance the chair is grappling with all these Salt Lake Tribune: on fossil fuels and at the very least a chance issues. He is concerned about manufac- . . . .Cost of doing nothing is too great. to preserve the Earth as we know it for fu- turing. That is why some of the pro- The Milwaukee Journal Sentinel: ture generations.’’ grams my friend from Oklahoma Des Moines Register (Iowa), The consequences are too dire. . . . talked about are going straight into June 1, 2008. the economies of the coal States, to That is just a sample. make sure we can find the answer. Mr. President, I ask unanimous con- Boston Globe: Getting Warmer on Emissions sent to have this document printed in Now, there is another Dayton Daily ‘‘With gasoline costing $4 a gallon and even the RECORD. News editorial: the Bush administration admitting that Cap-and-trade has two factors going for There being no objection, the mate- global warming is endangering polar bears, it— rial was ordered to be printed in the the time is right for Congress to enact reduc- RECORD, as follows: I think this is good. Since you heard tions in the use of fossil fuels that are a prin- cipal cause of global warming.’’ a negative editorial, here is a positive AMERICA’S NEWSPAPERS SUPPORT ACTION ON editorial. THE BOXER/LIEBERMAN/WARNER CLIMATE ‘‘. . . the costs of both (gasoline and utility SECURITY ACT prices) have skyrocketed, and the country is Cap-and-trade has two factors going for it San Jose Mercury News: Global Warming: no closer to making a substantial shift away that one needn’t be an expert to understand. Let’s Set the Table for post-Bush Era from fossil fuels. Passage of this bill with a One, it is a new, inventive approach, as op- filibuster proof majority would start that ‘‘The challenge of climate change is to posed to government incentives. . . . historic change.’’ avert disaster for future generations. At Second, the bipartisan appeal of cap-and- Boston Globe (Massachusetts), least major legislation is now on the table.’’ trade is itself a case for adopting the idea. A June 2, 2008. way to actually get something done. . . . San Jose Mercury News (California), June 2, 2008. So I think in Ohio we have a mixed Grand Rapids Press: Seize the Chance to Ad- review. I wanted to put that into the The Denver Post: Save the Earth—and the dress Global Warming RECORD. I also want to say to my economy ‘‘. . . the direction laid out in the bill rep- friend, he is reading editorial after edi- ‘‘In a time of global economic competition, resents the best path for addressing climate torial. I will go with him toe to toe. I future prosperity belongs to the quick. We change in the United States.’’ am going to read some editorials. urge the Senate to support enlightened ef- Grand Rapids Press (Michigan), San Jose Mercury News: forts to deal with the world’s changing phys- June 1, 2008.

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.080 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4959 St. Louis Dispatch: Serious for a Change ergy field. The Senate must lead the way to Congressional Research Service says NAM ‘‘The Climate Security Act is a good first an environmentally responsible, economi- ‘‘assumes substantial constraints on tech- step toward reducing greenhouse gas emis- cally sound energy future by passing the Cli- nology availability, and higher costs than sions. A cap-and-trade system for carbon di- mate Security Act.’’ those embedded in EIA’s NEMS model.’’ oxide emissions would nudge American en- Pocono Record (Pennsylvania), Mrs. BOXER. Mr. President, now I ergy policy toward a more sustainable fu- June 1, 2008. am going to go to the script so it is a ture.’’ little less complicated. ‘‘Waiting only will increase the impact and Harrisburg Patriot News: ACT NOW/Don’t let cost of global climate change. The Senate uncertainty rule out steps to meet cli- f mate challenge should approve the bill quickly.’’ ORDER OF PROCEDURE St. Louis Dispatch (Missouri), ‘‘. . . to do nothing until the facts are ines- June 1, 2008. capable to even the most avowed critic Mrs. BOXER. Mr. President, I ask would be reckless. Donald Brown, associate unanimous consent that the Senate Concord Monitor: Alaskan Changes Show professor of Environmental Ethics, Science proceed to a period of morning busi- that Congress Must Act and the Law at Penn State, has written that ness, with Senators permitted to speak ‘‘Significant steps to limit global warming ‘the nature of the risk from climate change for up to 10 minutes each. and its often devastating effects shouldn’t is enormous and using scientific uncertainty I assume that would happen after as an excuse for doing nothing is ethically wait for a new administration to take power. Senator DOLE finishes her remarks; is intolerable. The Lieberman-Warner bill would show the that correct? rest of the world that the United States is fi- So we need to act.’’’ nally making a serious commitment to com- Harrisburg Patriot News The PRESIDING OFFICER. The Sen- bating climate change. It deserves the sup- (Pennsylvania), ator is correct. port of New Hampshire’s congressional dele- May 25, 2008. Is there objection? gation.’’ Mr. INHOFE. Yes. Mr. President, it is Concord Monitor (New Hampshire), Salt Lake Tribune: Climate Security Act my understanding we have agreed to March 19, 2008. Cost of doing nothing is too great give Senator ENZI some time. ‘‘Clearly, we cannot sit idly by as disasters Mrs. BOXER. OK. The Star Ledger: Speed a Plan to Fight worsen and economic costs balloon. The Mr. INHOFE. First, we will have the Global Warming Lieberman/Warner act is a reasonable first Senator from North Carolina. Then I ‘‘Senators must not fritter away the oppor- step.’’ Salt Lake Tribune (Utah), will have 5 minutes of rebuttal. tunity to end eight years of Bush adminis- Mrs. BOXER. Then I ask unanimous tration obstructionism and jump-start May 31, 2008. America’s fight against climate change.’’ consent that when Senator ENZI com- Star Ledger (New Jersey), Milwaukee Journal Sentinel: Editorial: The pletes his remarks, the Senate proceed June 2, 2008. consequences are too dire to remain a by- to a period of morning business, with stander Senators permitted to speak for up to Newsday: Time for Cap and Trade ‘‘The science that all three reports looked 10 minutes each. ‘‘The longer we wait to take serious ac- to doesn’t offer much in the way of good The PRESIDING OFFICER. Is there tion, the more painful will be the steps we’ll news—which is why it’s essential for the objection? Senate to provide some by taking the first have to take when we finally start.’’ Without objection, it is so ordered. Newsday (New York), step this week on the Climate Security Act.’’ June 2, 2008. Milwaukee Journal Sentinel f (Wisconsin), MALAYSIA New York Times: The Senate’s Chance on May 31, 2008. Warming Mrs. BOXER. So my friends, the de- Mr. KERRY. Mr. President, I would ‘‘Mr. Bush can no longer plausibly deny bate will go on. I think I am going to like to share with my colleagues an im- the science. What he continues to resist is use the rest of my time to read the portant development in Asia with im- the need for a full-throated response. The closing script for the day, but tomor- plications for regional security. Senate can usher in a new era of American row, we go on. My friend, Senator Malaysia, a moderate country of 27 leadership when it convenes next week.’’ million people with an Islamic major- INHOFE, is a terrific debater. Tomor- New York Times, ity, has long been a major high-tech May 28, 2008. row, we are going to take that list he put up there behind himself and show manufacturing center, producing com- ponents of goods that are in personal The Oregonian: Finally, a path for America how what he read off is not new bu- to battle climate change reaucracies but new investments. When computers and household items ‘‘The legislation, called America’s Climate he talked about adaptation and fire- throughout our country, as well as Security Act, would be the nation’s first fighting, of course we need to be sure throughout the world. It is encour- meaningful step toward halting and revers- we have the ability to do that. So we aging to see economic reforms now ing the buildup of atmospheric gases that are are going to show tomorrow how that complemented by political ones. altering the Earth’s climate in devastating In response to a call for change chart is misleading. We are going to ways. Congress, after years of empty rhet- voiced by the people in the March 8 show tomorrow how the statistics that oric on the subject, should pass this legisla- Malaysian elections, in which opposi- came from the National Association of tion and quickly put the United States on tion candidates made gains in Par- the right path to reducing the pollution Manufacturers are wrong. that’s causing this crisis.’’ Mr. President, I ask unanimous con- liament, Malaysian Prime Minister Abdullah Badawi has proposed a series The Oregonian (Oregon), sent to have printed in the RECORD June 1, 2008. proof that they are wrong. We will talk of significant reforms to promote a about them tomorrow. more independent and effective judici- The Register Guard: Time to Act Senator ary and to increase anticorruption ef- Smith There being no objection, the mate- rial was ordered to be printed in the forts across Malaysia. ‘‘The Lieberman-Warner bill has impres- In the area of judicial reform, Prime RECORD, as follows: sive bipartisan support, reflecting a growing Minister Badawi has proposed a new THE ACCF/NAM MODELING ANALYSIS IS conviction in Congress and the American Judicial Appointments Commission to public that action is imperative.’’ FLAWED: ‘‘The scientific case for action is beyond At a May 20 hearing before the Energy and identify, recommend and evaluate can- compelling.’’ Natural Resources Committee, Deputy Ad- didates for the judiciary based on ‘‘It’s the sort of leadership that Orego- ministrator Howard Gruenspecht of the En- clearly defined criteria. He has also of- nians—and all Americans—need and deserve ergy Information Agency said that ACCF/ fered a proposal to improve the quality to meet the formidable challenges of climate NAM wrongly attributed costs due to rising of judges by reviewing the compensa- change.’’ world oil prices as impacts of the Climate tion and terms of service for judges to The Register-Guard (Oregon), Security Act, rather than considering those attract and retain the most qualified June 1, 2008. costs as part of the economic baseline for the judges. study. Pocono Record: Don’t follow, lead on energy In addition, ACCF/NAM is based on im- Recognizing the major public concern and climate plausible ‘‘constraints’’—it basically as- about corruption in Malaysia, Mr. ‘‘The United States can help safeguard its sumes that new technologies and fuels will Badawi has taken steps to make Ma- environment and be out in front in the en- not be developed between now and 2030. laysia’s Anti-Corruption Agency, ACA,

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.015 S03JNPT1 jbell on PROD1PC69 with SENATE S4960 CONGRESSIONAL RECORD — SENATE June 3, 2008 become a fully supported and inde- some 27 million people whose prime min- erty and illiteracy that fuel the spread of Is- pendent commission with an inde- ister, Abdullah Badawi, has responded to lamic extremism in the Muslim world. pendent corruption prevention advi- electoral calls for change by introducing Badawi has challenged his fellow Muslim sory board. He has also undertaken ac- sweeping reforms designed to maintain a states, including those which are members of democratic open society for the long term. the Organization of Petroleum Exporting tion intended to triple the number of On March 8, Malaysian voters sent a strong Countries (OPEC), to commit themselves to anticorruption officers, and to estab- message to the government by giving opposi- a joint plan to eradicate poverty, illiteracy lish a parliamentary committee on cor- tion parties solid gains in parliament—even and unemployment in the Islamic world. ruption prevention that would review as Badawi’s party continued to hold more His persistence in helping to establish a annual reports by the ACA. than 60 percent of the seats. new economic agenda for the Muslim world Mr. Badawi’s reform proposals also Instead of heeding the calls of his adver- represents a critical initiative in the long- include greater support and protections saries to resign, Prime Minister Badawi em- term struggle to transform impoverished braced the call of voters who demanded re- for freedom of the press, including Muslim states into nations that find their form. The results: Badawi’s avalanche of pro- place in a progressive, globalizing world. issuing one-time—rather than annual— posals has begun positioning him as the 68- In the end, whether Badawi’s dexterity will licenses for media organizations and year-old ‘‘comeback kid’’ of Malaysia poli- keep him in power to serve a full term is yet approving a permit for the party of tics. to be determined, but what he has set in mo- main opposition leader Anwar The reforms have addressed three central tion deserves the support of the United Ibrahim’s People’s Justice Party to foundations for freedom too often not seen in States, since his reforms will place Malaysia publish its own newspaper. developing nations—and especially those in firmly on the path to modernizing its Is- Malaysia’s pursuit of democracy and the Islamic world. lamic society. First, Badawi has moved to strengthen the Stuart E. Eizenstat was chief domestic-pol- its struggle against Islamic extremism independence of Malaysia’s judiciary, by cre- are critical for establishing lasting icy adviser to President Jimmy Carter, and ating a process to create merit-based lists of held several senior positions in the Clinton peace, prosperity, and security both for judicial candidates, similar to the kinds of administration. the Malaysian people and for the entire vetting systems used in the U.S. to rate po- f Southeast Asian region. The future di- tential new federal judges. rection of countries such as Malaysia is Second, Badawi is building on strategies CHALLENGES FACING WYOMING’S of significant importance to the United adopted in Hong Kong and Singapore to cre- FARMERS AND RANCHERS ate independent bodies to combat corrup- States as we work with others to fight tion. Mr. BARRASSO. Mr. President, I be- extremists. Finally, Badawi is opening up historically lieve our Nation’s farmers and ranch- The relationship between these types strict licensing processes to promote free- ers—free of government interference of reforms and security in Malaysia dom of the press, making it possible for the and redtape—are the best stewards of and the surrounding region is the sub- newly empowered political opposition to the land. ject of a recent op-ed in the Providence publish its own newspaper. These new reforms would fundamentally Unfortunately in Washington, there Journal by Stuart Eizenstat, who are people who don’t understand Wyo- served as Undersecretary of State and change the way business—and politics—are carried out in a nation whose political lead- ming. We do not need the Federal Gov- Deputy Treasury Secretary in the Clin- ership had historically emphasized economic ernment to regulate mud puddles and ton administration. This editorial, development rather than political freedom. wetlands. We know how to manage our which I am submitting for the RECORD, By making the country’s institutions more lands. We do not take kindly to the also notes Mr. Badawi’s initiative to transparent and independent, the Badawi ‘‘Washington knows best’’ philosophy. have Muslim states which are members government is promoting a system that is We are westerners. We have been living also more likely to be resilient in turbulent of the Organization of Petroleum Ex- out here for a long time without the porting Countries, OPEC, commit economic times. The stability of this majority Muslim na- helpful hand of the Federal Govern- themselves to a joint plan to eradicate tion through political and economic change ment. poverty, illiteracy and unemployment has significant implications for the U.S., for A recent editorial printed in the Wy- in the Islamic world. Attention to that whom Malaysia is the 10th largest trading oming Livestock Roundup on April 5 kind of investment in basic social partner. really hit home. I recommend to my needs in the Islamic world is an essen- Malaysia is an important producer for the colleagues the editorial by Jim tial element of combating extremism. U.S. of components for high-tech business and consumer goods, like computers and cell Magagna as reflecting the feelings of Human security requires protection Wyoming farmers and ranchers. I ask not only of law and freedom, but of phones. It also has provided a steady exam- ple of a Muslim government that has been unanimous consent that it be printed economic security, and I commend Mr. serious about combating terrorism at home. in the RECORD. Eizenstat’s article for its recognition And it has burnished Badawi’s reputation as There being no objection, the mate- of how these issues intersect in the a leader of Islamic moderates against the rial was ordered to be printed in the current reform efforts being under- life-support systems that sustain the dark RECORD, as follows: taken in Malaysia. forces of Al Qaeda, Hamas, Hezbollah and the THE SOCIETY WE LIVE IN I ask unanimous consent that the terror network that stretches from Northern I am admittedly old-fashioned. I still relish editorial to which I referred be printed Africa across the Middle East into Southeast Asia. the 60’s when resource conflicts were most in the RECORD. Other Muslim leaders, including those of often resolved by just getting out and kick- There being no objection, the mate- some of the opposition parties in Malaysia, ing a little dirt. I had my share of ‘‘cussin’ rial was ordered to be printed in the have a different vision, one that would re- and discussin’’’ with BLM, USFS and WG&F RECORD, as follows: verse Badawi’s goal of converting Malaysia personnel. I respected their professional ex- pertise and they respected my practical ex- [From the Providence Journal, May 29, 2008] into a multi-cultural Islamic-oriented state that is helping to modernize Islam in ways perience. Most often this combination pro- MALAYSIAN DEMOCRACY’S ROLE IN TERROR that are compatible with the globalizing duced a result that was a little uncomfort- FIGHT challenges of the 21st Century. able for both of us, but right for the re- (By Stuart E. Eizenstat) For example, Malaysia’s Parti Islam se source. Neither of us was particularly con- There is a titanic conflict within the Mus- Malaysia (PAS) has called for the imposition cerned that our decisions would be chal- lim world pitting modernity against reac- of a criminal code of Islamic law, or Shariah, lenged by anyone else. tionary radicalism. including such cruel punishments as amputa- Fast-forward to the 21st century: Resource Muslim leaders who promote moderniza- tion and death by stoning, reversing hard- managers are no longer respected for their tion and integration with the world economy won women’s rights and an end to race-ori- professional judgment, which they can exer- will only succeed if their policies will lead to ented affirmative-action programs aimed at cise only at peril of the agency being sued. a better way of life for their people. helping improve the lives of Malaysia’s mi- The demands placed upon them to create The next U.S. president must determine norities. paper trails leave little time for kicking the how best to support the reformers, which Malaysia and Badawi have sought to lead dirt. The U.S. Fish and Wildlife Service will require new approaches, a combination by example in the region. During his re- (FWS), has been added to the list of federal of both hard and soft U.S. power, and most cently concluded chairmanship of the Orga- agencies known to strike fear into the hearts importantly, strong, reliable allies. nization of the Islamic Conference—an inter- of ranchers. Resource decisions are driven That’s why it is so important for the U.S. national organization of 57 Muslim states primarily by often uninformed public opin- to pay attention to the transformation now from the Middle East to Indonesia—he led ef- ion and agency efforts to avoid litigation. occurring in Malaysia, a Muslim nation of forts to address the twin challenges of pov- Many of the threats which once plagued only

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.050 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4961 public land ranchers have migrated to pri- been co-opted by environmental litigants as the Western District of Missouri, Ste- vate lands, infringing on our property rights. procedural hurdles to serve their ultimate phen Limbaugh of Missouri to fill a va- Many of today’s decisions are simply not goal of land use control. Congress has dem- cancy in the Eastern District of Mis- ‘‘right for the resource’’. onstrated its inability to act in restoring in- souri, William Lawrence of Indiana to These 21st century resource management tegrity to these laws. There will continue to challenges have also forced ranchers and the be a handful of federal judges who are willing fill a vacancy in the Southern District organizations that represent them into the to aid and abet in their abuse. of Indiana and Murray Snow of Arizona litigation arena to an unprecedented extent. WSGA and others will continue to defend to fill a vacancy there. In addition, Certain environmental organizations have the property rights and grazing permits of when the Judiciary Committee con- perfected the litigation process as a tool to ranchers in environmental litigation. This siders the nominations of Judge Helene make government dysfunctional. Their for- alone will not be enough. The time has ar- White and Ray Kethledge to the Sixth mula is simple: Challenge every unfavorable rived when we must develop a multi-faceted Circuit, we will also consider the nomi- decision on simple procedural grounds, uti- strategy to end this abuse of our rights and lizing the National Environmental Policy our legal system. We have begun the nation of Stephen Murphy to the East- Act (NEPA) or the Endangered Species Act proactive step of building public support for ern District of Michigan. Thus, with (ESA), as a tool. Make massive, costly and our stewardship and forming alliances with cooperation from across the aisle, the time-consuming demands on the agencies for other groups who support our role in re- Senate should be in position to have documents under the Freedom of Informa- source management. Future steps should in- confirmed four circuit court judges and tion Act (FOIA), thereby preventing agency clude an expose of the motives and tactics of 11 district court judges before the personnel from performing normal duties. select radical environmental groups and di- Fourth of July recess, for a total of 15 Identify ‘‘friendly’’ courts that will assure a rect legal challenges to certain of their prac- favorable decision on the weakest of evi- additional Federal judges. tices. This strategy will demand even greater By comparison, during the 1996 ses- dence. Assure that the environmental orga- short-term sacrifices by ranchers and a nization’s legal fees are paid by the taxpayer strong coordinated commitment by those sion when a Republican Senate major- and that the FOIA fees are waived ‘‘in the who represent them. Success will assure a ity was considering the judicial nomi- public interest’’. This is the shameful but sustainable resource and a more secure fu- nees of a Democratic President in a successful strategy of Western Watersheds ture for our industry. Presidential election year, not a single Project, Center for Biological Diversity, For- f judge was confirmed before the Fourth est Guardians and a host of similarly aligned of July recess—not even one. That was conspirators. JUDICIAL NOMINATIONS the same session in which they failed Meanwhile, back at the ranch, individual Mr. LEAHY. Mr. President, before families are forced to scrape together thou- to confirm a single circuit court nomi- sands of dollars of their own funds to defend the last recess, the Senate confirmed nee. property rights and federal grazing permits. Judge G. Steven Agee of Virginia to Another stark comparison is that on Financial and human resources that would the United States Court of Appeals for June 1, 2000, when a Republican Senate otherwise be directed toward resource man- the Fourth Circuit. His confirmation majority was considering the judicial agement and improvements are diverted to lowered the remaining vacancies on nominees of a Democratic President in legal fees and endless meeting participation, that circuit to less than there were at a Presidential election year, there were thereby strengthening the claims of the en- the end of the Clinton administration, 66 judicial vacancies. Twenty were cir- vironmental plaintiffs that the resource is when a Republican-controlled Senate not being properly managed. The rancher is cuit court vacancies, and 46 were dis- placed in a vicious circle from which there is had refused to consider any nominees trict court vacancies. Those vacancies no ready escape. to the Fourth Circuit during the last 2 were the result of years of Republican Agricultural organizations at the state, years of the Clinton Presidency. The pocket filibusters of judicial nomina- national and local levels have stepped up to Republican Senate majority used the tions. This year, by comparison there the plate in recent years in order to address Clinton years to more than double cir- are just 47 total vacancies with only 11 these threats in a collective manner and re- cuit court vacancies around the coun- circuit vacancies and 36 district court lieve some of the burden placed on individual try. By contrast, we have already re- ranchers. In Wyoming, state government has vacancies. If we can continue to make been a partner in this effort, in particular re- duced circuit court vacancies by al- progress this month, the current va- garding endangered species. most two-thirds, in the process reduc- cancies could be reduced to fewer than In 1999 the Wyoming Stock Growers Asso- ing them to zero or only a single va- 40, with only 9 circuit court vacancies ciation (WSGA), for the first time in its then cancy in nearly every circuit. We have and 30 district court vacancies. over 125 year history, deemed it necessary to already reduced vacancies among the The history is clear. When Repub- establish a permanent Litigation Fund to 13 Federal circuit courts throughout licans were busy pocket filibustering support challenges by the radical environ- the country from 32—which is what it mental community. Since that time the gen- Clinton nominees, Federal judicial va- erosity of our members and supporters has was when I became chairman of the Ju- cancies grew to more than 100, and cir- allowed us to participate in or financially diciary Committee in the summer of cuit vacancies to more than 30. support over ten (10) defenses of the property 2001—to 11, the lowest number of va- When I became chairman for the first rights and interests of the ranching commu- cancies in more than a decade. time in the summer of 2001, we quick- nity. In addition to these direct expendi- When Republican Senators are ready ly—and dramatically—lowered vacan- tures, an increasing portion of staff time is to allow us to consider and confirm the cies. The 100 nominations we confirmed dedicated to reviewing litigation and deter- President’s nominations to fill the last in only 17 months, while working with mining the appropriate level of involvement two remaining vacancies on the Sixth a most uncooperative White House, re- for the organization. Currently, WSGA is involved as an inter- Circuit, yet another circuit will be duced vacancies by 45 percent. venor in litigation seeking the listing of the without any vacancies. We will reduce After the 4 intervening years of a Re- sage grouse and in challenges to the state’s the total number of circuit court va- publican Senate majority, vacancies elk feedgrounds. We have filed a motion to cancies to single digits for the first remained about level. intervene in recent litigation seeking to time in decades. Lost in all the agi- It is the Democratic Senate majority force listing of the mountain plover. WSGA, tating from the other side of the aisle that has again worked hard to lower joined by WWGA, has recently moved to file is the fact that we have succeeded in them in this Congress. We have gone an amicus brief in litigation challenging the reducing circuit court vacancies to his- from more than 110 vacancies to less delisting of the grizzly bear. We were in the process of filing in the black-tailed prairie torically low levels. than 50. With respect to Federal circuit dog litigation when a settlement was In addition, this work period we have court vacancies, we have reversed reached. In addition, WSGA is a leader in an the opportunity to complete Senate course from the days during which the effort by the National Public Lands Council consideration of five additional nomi- Republican Senate majority more than challenging the overturning of the revised nees for lifetime appointment to Fed- doubled circuit vacancies. Circuit va- BLM grazing regulations. The announcement eral courts, which are pending on the cancies have been reduced by almost last week by WildEarth Guardians of a law- Senate’s Executive Calendar. The Judi- two-thirds and have not been this low suit challenging the Secretary of Interior for ciary Committee has favorably re- since 1996, when the Republican tactics failure to act on listing petitions for 681 spe- ported the nominations of Mark Davis cies will undoubtedly present new ‘‘opportu- of slowing judicial confirmations began nities’’ for our involvement. of Virginia to fill a vacancy in the in earnest. The ESA and NEPA are laws whose origi- Eastern District of Virginia, David Consider for a moment the numbers: nal intent remains valid. However, they have Kays of Missouri to fill a vacancy in After another productive month, just 9

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.017 S03JNPT1 jbell on PROD1PC69 with SENATE S4962 CONGRESSIONAL RECORD — SENATE June 3, 2008 of the 178 authorized circuit court not. I will continue in this Congress, Of course, during the Clinton admin- judgeships will remain vacant—just 9— and with a new President in the next istration, Republican Senators argued a vacancy rate down from 18 percent to Congress, to work with Senators from that the Fourth Circuit vacancies did just 5 percent. With 168 active appel- both sides of the aisle to ensure that not need to be filled because the late judges and 104 senior status judges the Federal judiciary remains inde- Fourth Circuit had the fastest docket serving on the Federal Courts of Ap- pendent, and able to provide justice to time to disposition in the country. peals, there are 272 circuit court all Americans, without fear or favor. That was the period when Fourth Cir- judges. I expect that is the most in our In fact, our work has led to a reduc- cuit vacancies rose to five. One of those history. tion in vacancies in nearly every cir- vacancies—to a seat in North Caro- I regret to report that when I tried to cuit, reducing vacancies on almost lina—still exists because the President expedite consideration of President every circuit to only one or none. Both insisted on nominating and renomi- Bush’s two Sixth Circuit nominations the Second and Fifth Circuits had cir- nating Terrence Boyle over the course last month, I encountered only criti- cuit-wide emergencies due to the mul- of 6 years to fill that vacancy. That cism from the Republican side of the tiple simultaneous vacancies during highly controversial nomination per- aisle, as did one of the nominees. Sen- the Clinton years with Republicans in sisted for years despite the strong op- ator BROWNBACK publicly apologized control of the Senate. Both the Second position of law enforcement officers for his actions at the hearing, and I Circuit and the Fifth Circuit now are from across the country, civil rights commended him for doing so. without a single vacancy. We have al- groups, and those knowledgeable and We have now received the updated ready succeeded in lowering vacancies respectful of judicial ethics opposed ABA rating for President Bush’s nomi- in the Second Circuit, the Fourth Cir- the nomination. nation of Judge Helene White to the cuit, the Fifth Circuit, the Sixth Cir- The Fourth Circuit now has fewer va- Sixth Circuit. She received a well cuit, the Eighth Circuit, the Ninth Cir- cancies than it did when Republicans qualified rating. That did not come as cuit, the Tenth Circuit, the Eleventh claimed no more judges were needed, any surprise. She has served ably on Circuit, the DC Circuit, and the Fed- and fewer vacancies than at the end of eral Circuit. Circuits with no current the Michigan state appellate courts the Clinton administration. I have al- vacancies include the Seventh Circuit, and acquired additional experience in ready said that once the paperwork on the Eighth Circuit, the Tenth Circuit, the decade since when she was nomi- President Bush’s nomination of Judge the Eleventh Circuit and the Federal nated by President Clinton and the Re- Glen Conrad to the Fourth Circuit is Circuit. When we are allowed to pro- completed, if there is sufficient time, I publican Senate majority refused to ceed with President Bush’s nomina- consider her nomination. The White hope to move to that nomination. tions of Judge White and Ray This is not the first time we have and Kethledge nominations to the Kethledge to the Sixth Circuit, it will heard false complaints about our Sixth Circuit break a logjam after 7 join that list of Federal circuits with- progress on nominations. One of the long years. out a single vacancy. Republicans’ favorite talking points is In light of Republican criticism of My approach has been consistent to use a mythical ‘‘statistical average’’ my efforts to expedite consideration of throughout my chairmanships during of selected years to argue that the Sen- President Bush’s Sixth Circuit nomina- the Bush Presidency. The results have ate must confirm 15 circuit judges in tions, I have said that the nominations been positive. Last year, the Judiciary this Congress. They only achieve this would be scheduled for committee con- Committee favorably reported 40 judi- inflated so-called ‘‘historical average’’ sideration after we received updated cial nominations to the Senate and all by taking advantage of the high con- ratings from the ABA. Now we have 40 were confirmed. That was more than firmation numbers of Democratic-led and I plan to include them on the agen- had been confirmed in any of the three Senates confirming the nominees of da for the committee’s business meet- preceding years when a Republican President Reagan and the first Presi- ing on June 12. I trust that all Senators chairman and Republican Senate ma- dent Bush. They ignore their own will be prepared to consider and vote jority managed the process. record of doubling vacancies during the on the nominations at that time. That Still, some partisans seem deter- Clinton administration, including dur- should provide the Senate with the op- mined to provoke an election year ing the 1996 session when the Repub- portunity to consider them before the fight over nominations. The press ac- lican-led Senate refused to confirm a July 4 recess. counts are filled with threats of Repub- single circuit court nominee. The President has not nominated lican reprisals. The May 14 issue of They do not like to recall that during anyone to 16 current judicial vacancies. Roll Call boasted the following head- the 1996 session, when a Republican He has refused since 2004 to work with line: ‘‘GOP Itching for Fight Over majority controlled the Senate during the California Senators on a successor Judges; Reid’s Pledge to Move Three a Presidential election year, they re- to Judge Trott on the Ninth Circuit. Before Recess Fails to Appease Minor- fused to confirm any circuit court The district court vacancies without ity.’’ Then in a recent article in The judges at all—not one. Their practice nominees span from those that arose in Washington Times, we read that the of pocket filibustering President Clin- Mississippi and Michigan in 2006, to Republican fixation on judges is part of ton’s judicial nominees led Chief Jus- several from 2007 in Pennsylvania, an effort to bolster Senator MCCAIN’s tice Rehnquist to criticize them pub- Michigan, Indiana and the District of standing among conservatives. There licly. Chief Justice Rehnquist was Columbia, to others that arose earlier seem to be no steps we could take to hardly a Democratic partisan. Quite this year in Kansas, Virginia, Wash- satisfy Senate Republicans on nomina- the contrary. Even he was appalled by ington, and several in Colorado and tions because they are using it as a the actions of the Republican Senate Pennsylvania. partisan issue to rev up their partisan majority. In his 1996 Year-End Report Disputes over a handful of controver- political base. on the Federal Judiciary, he wrote: sial judicial nominations have wasted Among the reasons that Republican Because the number of judges confirmed in valuable time that could be spent on complaints about the Fourth Circuit 1996 was low in comparison to the number the real priorities of every American. I ring hollow is that the emergency va- confirmed in preceding years, the vacancy have sought, instead, to make progress cancy on the Fourth Circuit from rate is beginning to climb. When the 104th where we can. The result is the signifi- North Carolina exists only because the Congress adjourned in 1996, 17 new judges had cant reduction in judicial vacancies. Republican Senate majority refused to been appointed and 28 nominations had not The alternative is to risk becoming consider any of President Clinton’s been acted upon. Fortunately, a dependable corps of senior judges contributes signifi- embroiled in contentious debates for nominees to fill that vacancy. All four cantly to easing the impact of unfilled judge- months. The most recent controversial nominees from North Carolina to the ships. It is hoped that the Administration Bush judicial nomination took 51⁄2 Fourth Circuit were blocked from con- and Congress will continue to recognize that months of debate after a hearing before sideration by the Republican Senate filling judicial vacancies is crucial to the Senate action was possible. I am sure majority. That also prevented Presi- fair and effective administration of justice. there are some who prefer partisan dent Clinton from integrating the When that shot across the bow did fights designed to energize a political Fourth Circuit through appointment of not lead the Republican Senate major- base during an election year, but I do Judge Beaty or Judge Wynn. ity to reverse course, Chief Justice

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.028 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4963 Rehnquist spoke up, again, in his 1997 ployment and orders for big ticket ADDITIONAL STATEMENTS Year-End Report on the Federal Judici- manufactured goods, both of which fell ary. It was a salvo from a Republican for the third month in a row. SYDNEY POLLACK: IN MEMORIAM Chief Justice critical of the Republican Unfortunately, this bad economic ∑ Senate leadership: news for hard-working Americans is Mrs. BOXER. Mr. President, I ask my Currently, 82 of the 846 Article III judicial nothing new under the Bush adminis- colleagues to join me in honoring the offices in the federal Judiciary—almost one tration. During the Bush administra- memory of a very special man, Sydney out of every ten—are vacant. Twenty-six of tion, unemployment is up more than 20 Pollack of Los Angeles County, who the vacancies have been in existence for 18 died May 26, 2008. He was 73 years old. months or longer and on that basis con- percent; the price of gas has more than doubled and is now at a record high na- Sydney Pollack was a master stitute what are called ‘‘judicial emer- filmmaker and will be fondly remem- gencies.’’ In the Court of Appeals for the tional average of over $3.94; trillions of Ninth Circuit, the percentage of vacancies is dollars in budget surplus have been bered for his over four decades of work particularly troubling, with over one-third of turned into trillions of dollars of debt, in Hollywood as a director, producer, its seats empty. with an annual budget deficit of hun- and actor. Judicial vacancies can contribute to a Sydney Irwin Pollack was born to dreds of millions of dollars. According backlog of cases, undue delays in civil cases, Rebecca and David Pollack on July 1, to a recent poll, 81 percent of Ameri- and stopgap measures to shift judicial per- 1934, in Lafayette, IN. He was raised in cans today believe that our country is sonnel where they are most needed. Vacan- South Bend and moved to New York headed in the wrong direction. It costs cies cannot remain at such high levels in- City in 1952 to study at the Neighbor- definitely without eroding the quality of jus- more than $1 billion a day—$1 billion a hood Playhouse. While there, Sydney tice that traditionally has been associated day—just to pay down the interest on so impressed head acting teacher San- with the federal Judiciary. Fortunately for the national debt and the massive costs ford Meisner, that Mr. Meisner quickly the Judiciary, a dependable corps of senior generated by the disastrous war in judges has contributed significantly to eas- made Sydney his assistant. Sydney Iraq. That’s $365 billion this year that ing the impact of unfilled judgeships. went on to teach at the Neighborhood would be better spent on priorities like It was only after the scorching criti- Playhouse from 1954–1959, guiding the health care for all Americans, better cism by a Republican Chief Justice talents of actors such as Robert schools, fighting crime, and treating that the Republican Senate majority Duvall, Rip Torn, Brenda Vaccaro, and diseases at home and abroad. modified its approach in order to allow Claire Griswold, whom he married in some of the nominations that had been In contrast, one of the few numbers 1958. held back for years to finally proceed. actually going down as the President At the urging of Director John Having built up scores of vacancies, winds down his tenure is that of judi- Frankenheimer, Sydney left New York some were allowed to be filled while cial vacancies. Senate Democrats have City in 1961 for Hollywood where he the Republican Senate majority care- worked hard to make progress on judi- began work as a director of television fully kept vacant circuit court posi- cial nominations, lowering circuit shows. In 1965, Sydney made his movie- tions to be filled by President Clinton’s court vacancies by almost two-thirds directing debut in the suicide help-line successor. It is in that context that Re- from the level to which the Republican drama, ‘‘The Slender Thread’’ with Sid- publican claims of magnanimity must Senate majority had build them. Any ney Poitier and Anne Bancroft. In 1969, be seen for what it was. It is in that effort to turn attention from the real Sydney received his first Best Director context that the 8 circuit confirma- issues facing Americans to win polit- nomination for an Academy Award for tions in 2000 must be evaluated while ical points with judicial nominations is the film ‘‘They Shoot Horses Don’t the Republican Senate majority re- neither prudent, nor productive. They?’’ turned 17 circuit nominations to Presi- As an actor, Sydney’s key roles in- dent Clinton at the end of that session f clude Woody Allen’s ‘‘Husbands and without action. Wives,’’ 1992, Robert Altman’s ‘‘The By contrast, the Democratic Senate RECOGNIZING L. ROBERT KIMBALL Player,’’ 1992, and Stanley Kubrick’s majority has worked steadily and ‘‘Eyes Wide Shut,’’ 1999. Sydney’s most steadfastly to lower vacancies and Mr. SPECTER. Mr. President, I have notable acting and directing role was make progress, and we have. When Sen- sought recognition to recognize an out- in his 1982 comedy film ‘‘Tootsie’’ in ate Republicans allow the Senate to standing Pennsylvania citizen, L. Rob- which he played George Fields, agent confirm President Bush’s Sixth circuit ert Kimball. to the main character played by Dustin nominees, we will have achieved the In 1953, L. Robert Kimball opened the Hoffman. His production company, Mi- average number of circuit confirma- doors of a surveying and civil engineer- rage, produced this film as well as tions the Republican Senate majority ing consulting company in Ebensburg, many others, most recently ‘‘Michael achieved in presidential election years PA. Under Mr. Kimball’s leadership Clayton’’ in which Sydney gave yet an- and lowered circuit vacancies to an his- over the past 55 years, L. Robert other memorable performance. torically low level. Kimball & Associates has grown from a Perhaps Sydney Pollack’s biggest di- Further, the Republican effort to cre- 2-person outfit to a 600-person firm recting triumph came in 1985 with ‘‘Out ate an issue over judicial confirma- which now oversees nearly 1,200 of Africa.’’ This landmark film re- tions is sorely misplaced. Americans projects a year in 14 offices across the ceived seven Academy Awards—Best are now facing an economic recession, United States. Picture, Director, Adapted Screenplay, massive job losses of 232,000 in the first Cinematography, Original Score, Art 3 months of this year, increasing bur- L. Robert Kimball’s leadership has Direction, Sound—and three Golden dens from the soaring price of gas, and not gone unnoticed. Among his many Globe Awards—Best Picture, Sup- a home mortgage foreclosure and cred- commendations are the Outstanding porting Actor, Original Score. ‘‘Out of it crisis. Engineering Alumnus Award and the Africa’’ was also an example of one of Last month, the Commerce Depart- Distinguished Alumnus Award from the great collaborations of all time be- ment reported the worst plunge in new the Pennsylvania State University, the tween actor and director. Sydney Pol- homes sales in two decades. The press Western Pennsylvania Family Business lack and Robert Redford made seven reported that new home sales fell 8.5 of the Year Award from the University classic films together that include percent to the slowest sales pace since of Pittsburgh’s Katz Graduate School ‘‘This Property Is Condemned,’’ ‘‘Jere- October 1991, and the median price of a of Business, and the Small Business miah Johnson,’’ ‘‘The Electric Horse- home sold in March dropped 13.3 per- Person of the Year Award from the man,’’ ‘‘3 Days of the Condor,’’ ‘‘The cent compared to the previous year. Small Business Association. Way We Were,’’ and ‘‘Havana.’’ That was the biggest year-over-year I will conclude by commending the Those who knew Sydney Pollack rec- price decline in four decades. You four guiding principles that Mr. ognize him as a courageous, innovative would have to go back to July 1970 to Kimball instills in each his staff: have and brilliant man. He took pride in find a larger decline. Sales of existing a goal, be persistent, know when to tackling social issues through films homes also fell in March, as did em- change direction, and enjoy your work. which raise interesting and challenging

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.029 S03JNPT1 jbell on PROD1PC69 with SENATE S4964 CONGRESSIONAL RECORD — SENATE June 3, 2008 questions. His work as an ambassador As the numbers of subprime mort- Dillard’s Incorporated and founded CDI of cinema will be remembered grate- gages and foreclosures have increased, Contractors, which grew to be one of fully by all those whose lives he St. Ambrose has stepped forward to the largest construction firms in the touched. He touched mine, and he will help homeowners save their homes. Ex- South. High-profile projects completed be deeply missed. pert housing counselors provide assist- by CDI under Bill’s leadership include Sydney is survived by his wife Claire ance to homeowners in a number of the Clinton Presidential Library in Griswold, and their two daughters, Ra- ways and staff attorneys are available Little Rock, the headquarters for Heif- chel Pollack Sorman and Rebecca Pol- to provide legal review and action. er International in Little Rock and Im- lack Parker.∑ I am most proud to extend my warm- manuel Baptist Church in West Little f est congratulations and best wishes to Rock, of which Bill was a devout St. Ambrose Housing Aid Center on its attendee for over 27 years. Bill’s im- THE 40TH ANNIVERSARY OF ST. 40th anniversary and ask my col- pact on the business community of Ar- AMBROSE HOUSING AID CENTER leagues to do the same.∑ kansas is evident by the numerous ∑ Mr. CARDIN. Mr. President, today I f business and professional awards he re- congratulate the St. Ambrose Housing ceived, including Arkansas Business REMEMBERING LIEUTENANT Aid Center on its 40th anniversary. Executive of the Year, Rotary Club of GENERAL WILLIAM ODOM Since 1968, it has grown from its origi- Little Rock’s Business and Profes- nal mission to confront the ∑ Mr. FEINGOLD. Mr. President, today sional Leader of the Year Award, Paul ‘‘blockbusting’’ practices harming Bal- I would like to commemorate the life Harris Fellow as given by Fifty for the timore’s neighborhoods to providing a of a great soldier, strategic thinker and Future, election to the Arkansas Con- myriad of services to more than 100,000 American, LTG William Odom. I was struction Hall of Fame, and admission Baltimoreans as our oldest nonprofit deeply saddened to learn of his recent to the University of Arkansas Engi- housing provider. sudden death. neering Hall of Fame and the Arkansas St. Ambrose Housing Aid Center was General Odom served our country Academy of Electrical Engineering. founded in 1968 by the dynamic and te- with honor and distinction throughout Respected and admired throughout nacious Father Vincent Patrick his life. During his time serving as a Arkansas for over three decades, Bill Quayle, known to all as Vinny. The military adviser in the White House, took on countless worthwhile projects center is dedicated to creating and pre- Director of the National Security with optimism and enthusiasm; he was serving affordable housing in Balti- Agency, and West Point and Yale pro- an inspiration to many. The positions more. Its many successes are due to fessor, General Odom demonstrated an he held relating to public service are the charismatic and effective leader- uncanny talent for assessing and ad- evidence of his commitment to his ship of Vinny Quayle and the tireless vancing U.S. interests in a complex and community. His awards reflect his pro- efforts of a dedicated staff. challenging world. fessional successes as well as his avid In the 1970s, St. Ambrose initiated a Over the years, the U.S. Congress has public service. These awards included rental program and converted several benefited greatly from General Odom’s the Arkansas Arts Center’s Winthrop vacant Catholic school buildings into clear vision of U.S. interests in the Rockefeller Memorial Award, the Boys affordable apartments. This effort led Middle East. General Odom was a and Girls Club of America National to neighborhood revitalization in many strong critic of the Iraq war even be- Service to the Youth Award, the Edwin Baltimore communities. Today, St. fore it began. It is unfortunate that N. Hanlon Memorial Award for Con- Ambrose owns and manages 350 single more Members of this body did not tribution to the Arts, and the Arkansas and multifamily affordable housing heed his insightful and prescient warn- Children’s Award from the Arkansas units serving very low-income house- ings of the perils of invading Iraq. His Sheriff’s Youth Ranches. holds, households with special needs, steadfast commitment to ending the and the elderly. war and restoring a balanced and fo- Bill was a past president of the board When Baltimore experienced a cused national security strategy has for the University of Arkansas board of gentrification movement in the 1980s, been an inspiration. So, too, was his trustees, the Arkansas Arts Center, the many low income families, especially strong opposition to the President’s il- Little Rock Regional Chamber of Com- those renting their homes, feared they legal warrantless wiretapping program. merce and the Country Club of Little would be displaced. St. Ambrose led the Our thoughts are with his wife, son, Rock. Bill served as a board member of way in helping tenants convert to and family during this difficult time. I the Little Rock Boys and Girls Club, homeownership and was instrumental hope that they can take some comfort the Arkansas Arts Center Foundation, in convincing Baltimore City to estab- knowing that he will be deeply missed Baptist Health, the UAMS Foundation, lish a ‘‘Tenant’s Right of First Re- by a grateful Nation.∑ Ouachita Baptist University Business Advisory Council, and the Episcopal fusal’’ bill. f Two other programs were established Collegiate School Foundation. that have become core services at St. REMEMBERING BILL CLARK During his lifetime, Bill was an en- Ambrose. The Homesharing Program, ∑ Mr. PRYOR. Mr. President, today I thusiastic outdoorsman. He loved hunt- the only one in Maryland, matches honor the life of a great Arkansan, Wil- ing, fishing, and golf, while remaining householders with room to share with liam E. ‘‘Bill’’ Clark, who passed on committed to conservation endeavors. homeseekers who need affordable hous- May 15, 2007. Bill was respected as a A final gesture honoring Bill and bene- ing and are willing to provide help with great philanthropist, sportsman, busi- fiting his community is the establish- household tasks or financial support. ness leader and citizen of Arkansas. He ment of the William E. ‘‘Bill’’ Clark The Legal Services Program helps was seen as an unparalleled advocate Presidential Park Wetlands, a 13-acre homeowners and tenants combat home for the needs and welfare of his State tract located on the banks of the Ar- improvement fraud and predatory lend- and its citizens. He dedicated his life to kansas River running adjacent to the ing practices. serving his community and supporting Clinton Presidential Library. This nat- St. Ambrose partnered with the U.S. individual lives in the public and pri- ural wetland area provides an edu- Department of Housing and Urban De- vate sector. cational exhibit that can be enjoyed by velopment, HUD, and bought, ren- Bill graduated from Little Rock Cen- State, national, and international visi- ovated and sold Federal Housing Ad- tral High School in 1961 and the Uni- tors for generations to come. As con- ministration, FHA, properties to first- versity of Arkansas at Fayetteville in tractor for the Clinton Presidential Li- time homebuyers. Through its Home- 1965 with a bachelor’s degree in elec- brary, Bill believed in the library’s ownership Counseling Program, St. trical engineering. Thereafter, he mission to strive for educational ad- Ambrose serves more than 700 prospec- joined his brothers at C&C Electric vances within Arkansas, including the tive homebuyers every year, with 100 of Construction Company in Little Rock, history of the United States, the insti- them purchasing a home within 6 working there until 1981 when he ac- tutional roles of the Presidency and months of completing housing coun- quired Bragg’s Electric Construction the American political system as ap- seling. Company. In 1987, Bill partnered with plied to President William J. Clinton.

VerDate Aug 31 2005 03:54 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.020 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4965 It is hard for people to experience Ar- make a positive difference and she has. New Hampshire Excellence in Edu- kansas without noticing the remark- She supports good causes, knows in re- cation Awards. These prestigious able accomplishments of Bill Clark. It markable detail the history of the awards, commonly called the ‘‘ED’’ies, is not hard to imagine just what makes smallest communities in our State, and are presented each year to individuals Bill Clark so special to his family, his knows the importance of simply re- and schools who demonstrate the high- friends, and to Arkansas. He was a per- membering. She loves children, cap- est level of excellence in education. son of great faith, a loving husband and turing them with tall tales while The ‘‘ED’’ies were instituted as a way father, a doting grandfather, and a hu- stressing education and personal char- to honor the best of the best among morous, compassionate friend to all he acter. New Hampshire’s educators. For 15 met. Bill never approached a situation Her wonderful southern accent is years, annual award winners have been with a negative attitude; rather, he well remembered on NPR’s ‘‘All Things drawn from a rich source of talented saw everything as an opportunity to Considered’’ and her commentaries are and successful teachers, administra- benefit his community. Bill will be still heard on Alabama Public Radio. tors, schools, and school boards. This well remembered for his generosity and I applaud her on her many achieve- year’s recipients are no exception. commitment to improving his commu- ments, and I am thankful to have such Those individuals selected have been compared against a criteria set by oth- nity.∑ a beacon of literary excellence shining ers in their discipline through their from Alabama. She is highly recog- f sponsoring organization. Schools are nized for her achievements by the chosen by experienced educators and TRIBUTE TO KATHRYN TUCKER whole State and around the world and community leaders in New Hampshire WINDHAM was one of the 13 artists chosen to rep- ∑ Mr. SESSIONS. Mr. President, today based on guidelines established by the resent the State by the Alabama State New Hampshire Excellence in Edu- I ask that my colleagues join me in Council for the Arts at Alabama in celebrating the 90th birthday of one of cation Board of Directors. I am proud France and Monaco in 2000. She was to recognize the individuals and America’s and Alabama’s most tal- also honored in 2003 with the establish- schools who will receive this honor on ented and acclaimed residents, Ms. ment of the Kathryn Tucker Windham June 7, 2008, and look forward to per- Kathryn Tucker Windham. Ms. Museum at Alabama Southern College. sonally presenting this year’s award Windham is a beloved storyteller, au- Fellow Alabama author Harper Lee, for Secondary School of Excellence to thor, playwright, photographer, tele- author of ‘‘To Kill a Mockingbird’’, Londonderry High School, as well as vision and radio personality and, most which is set in Monroeville not far the Presidential Awards for Math and importantly, a woman of faith, integ- from Thomasville, nominated Ms. Science to Kimberly Knighton of Pro- rity, grace and high ideals. Windham to the Alabama Academy of file School and Louis Broad of This smalltown girl has written larg- Honor in 2003. Some of her other acco- Timberlane High School, respectively. er than life tales including ‘‘Thirteen lades include: Alabama Humanities As a graduate of Salem High School, Alabama Ghosts and Jeffery’’, along Award in 2000, the Governor’s Award I am especially pleased that this year’s with many other historically based for the Arts, the National Storytelling New Hampshire Teacher of the Year, ghost-stories that involve smalltown Association’s Circle of Excellence Benjamin Adams, has taught in Salem urban legends in Alabama, Georgia, Award and Lifetime Achievement for 12 years. As I serve in the United Tennessee, and Mississippi. She has Award, the University of Alabama’s States Senate, I am grateful for the ex- also written works like ‘‘Twice Society of Fine Arts’ Alabama Award, cellent education I received in our New Blessed’’, ‘‘GRITS’’ and ‘‘Alabama, One the Selma Rotary Club’s Citizen of the Hampshire public schools, and con- Big Front Porch’’, which reveal the Year, and she was inducted into the gratulate all of this year’s award win- rich joys of Alabama living. University of Alabama College of Com- ners. She grew up in Thomasville, AL, not munications Hall of Fame. I ask that the list of the 2008 New too far from my rural home and not In true poetic form, I think, Ms. Hampshire Excellence in Education too far from another notable Alabama Windham sums up her insights in her Award winners be printed in the writer—Harper Lee. Her capacity for book ‘‘Alabama, One Big Front Porch’’: RECORD. The material follows. storytelling and writing started early, Alabama, they say, is like one big front as a news reporter. But she did not stop porch where folks gather on summer nights 2008 NEW HAMPSHIRE EXCELLENCE IN there allowing her natural talent and to tell tales and to talk family. The stories EDUCATION AWARDS RECIPIENTS inclinations to lead her to a higher they tell are all alike in their Southern Dr. Maurissa Abecassis; Benjamin Adams; plane of national renown. It is always blend of exaggeration, humor, pathos, folk- Ina Ahern; Susan Antico; Dawn Bechtold; Al- inspirational to see a real person, an lore and romanticism. Family history is exander J. Blastos; Louis Broad; James K. Crane; Heather R. Cummings; Blanche individual American, follow their own woven into the stories. And pride. And humor. Always humor. Garant; Tobi Gray Chassie; Dorothy Grazier; calling and achieve success. Cynthia Grisa; Jacquelyn Hall; Percy Hill; Ms. Windham represents the highest I know I speak for all Alabamians Mark Humphreys; Kevin Irwin; Maria Knee; values of our State and region. This is and all Americans when I express my Kimberley Knighton; Dan LaFleur; William so because she was raised right, studied gratitude for your eloquence, your lit- Marston; Curt Martin; Jan Martin; John hard, thought deeply, and was com- erary achievements, and your human- Miles; Carl J. Nelson; Christina Nelson; Jill mitted to a life that enriches others. A ity, and say, ‘‘Happy Birthday Kathryn Pinard; Virginia Pinard; Dennis Pymm; Mi- Tucker Windham!’’ chael Reardon; Christine Reinart; David graduate of my alma mater, Hun- Seiler; Elise Smith; Bill Tirone; Carolann tingdon College, she followed its admo- In closing, I would like to leave the Wais; Bradley Wolff; and Ellen Zimmerman, nition, ‘‘Enter to grow in wisdom; go Senate with a few of her words that RN, M.Ed. forth to apply wisdom in service.’’ truly embody the spirit of her work Chichester School Board, Cooperative Mid- I have known her and her son Ben for and life: dle School, Londonderry High School, many years. I am so in awe of her. Not I think we need to be put back in touch Adeline C. Marston Elementary School, with our childhood . . . to be reminded of Pittsfield Elementary School, Simonds Ele- just for her noteworthy achievements, mentary School.∑ but because of the content of her char- what’s important, like memories about peo- acter. She is an entertaining story- ple we loved, or things that happened to us f teller for sure, but she is a truth teller that affected our lives, things we can laugh TRIBUTE TO GENERAL BURWELL about and shed a few tears about . . . I think BAXTER BELL also. Her works reflect with truth the storytelling is a way of saying ‘‘I love you. I nature of the human condition. In love you enough to tell you something that ∑ Mr. WARNER. Mr. President, I wish them, she displays a love for all per- means a great deal to me.’’∑ to recognize the professional dedica- sons that reflects well on her rich her- f tion, vision, and military service of itage of religious faith. GEN B.B. Bell, who is retiring from the She, from a lifetime of experience NEW HAMPSHIRE EXCELLENCE IN U.S. Army after 39 years of dedicated and insight, has been a leader in racial EDUCATION AWARD WINNERS service. It is a privilege for me to rec- reconciliation in her home area. Per- ∑ Mr. SUNUNU. Mr. President, today I ognize the many outstanding achieve- sons of her integrity and stature can congratulate the 2008 recipients of the ments General Bell has provided the

VerDate Aug 31 2005 04:36 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.018 S03JNPT1 jbell on PROD1PC69 with SENATE S4966 CONGRESSIONAL RECORD — SENATE June 3, 2008 Army and our great Nation. General MESSAGE FROM THE HOUSE EC–6363. A communication from the Ad- Bell was commissioned as a distin- ministrator, Agricultural Marketing Serv- At 2:37 p.m., a message from the ice, Department of Agriculture, transmit- guished military graduate and second House of Representatives, delivered by lieutenant in 1969 upon graduation ting, pursuant to law, the report of a rule en- Ms. Niland, one of its reading clerks, titled ‘‘Peanut Promotion, Research, and In- from the University of Tennessee at announced that the House has passed formation Order; Amendment to Primary Chattanooga. Following commis- the following bill, in which it requests Peanut-Producing States and Adjustment of sioning, General Bell specialized in the concurrence of the Senate: Membership’’ (Docket No. AMS–FV–08–0001) armor and served with distinction as received on May 29, 2008; to the Committee H.R. 5658. An act to authorize appropria- he rose through the ranks. His orders on Agriculture, Nutrition, and Forestry. tions for fiscal year 2009 for military activi- EC–6364. A communication from the Ad- took him to posts throughout the ties of the Department of Defense, for mili- United States, Germany, and the Mid- ministrator, Agricultural Marketing Serv- tary construction, and for defense activities ice, Department of Agriculture, transmit- dle East. of the Department of Energy, to prescribe ting, pursuant to law, the report of a rule en- General Bell assumed command of military personnel strengths for such fiscal titled ‘‘Olives Grown in California; De- the United Nations Command, Republic year, to amend the Servicemembers Civil Re- creased Assessment Rate’’ (Docket No. AMS– of Korea/United States Combined lief Act to provide for the protection of child FV–07–0155) received on May 29, 2008; to the Forces command, and United States custody arrangements for parents who are Committee on Agriculture, Nutrition, and members of the Armed Forces deployed in Forestry. Forces Korea on February 3, 2006. support of a contingency operation, and for During his time in command, North EC–6365. A communication from the Ad- other purposes. ministrator, Agricultural Marketing Serv- Korea made provocative missile f ice, Department of Agriculture, transmit- launches and numerous demilitarized ting, pursuant to law, the report of a rule en- zone and airspace incursions. Despite MEASURES PLACED ON THE titled ‘‘Marketing Order Regulating the Han- these threats, General Bell maintained CALENDAR dling of Spearmint Oil Produced in the Far military readiness even as he reduced The following bill was read the first West; Salable Quantities and Allotment Per- the U.S. footprint in Korea by moving centages for the 2008–2009 Marketing Year’’ and second times by unanimous con- (Docket No. AMS–FV–07–0135) received on soldiers, civilians, and family members sent, and placed on the calendar: south, thus transforming the com- May 29, 2008; to the Committee on Agri- H.R. 5658. An act to authorize appropria- culture, Nutrition, and Forestry. mands in Korea. tions for fiscal year 2009 for military activi- EC–6366. A communication from the Ad- In addition, General Bell has been a ties of the Department of Defense, for mili- ministrator, Agricultural Marketing Serv- principal participant in the fast-paced tary construction, and for defense activities ice, Department of Agriculture, transmit- bilateral military and political discus- of the Department of Energy, to prescribe ting, pursuant to law, the report of a rule en- sions, where he has earned the reputa- military personnel strengths for such fiscal titled ‘‘Onions Grown in South Texas; In- tion as a well-respected ambassador for year, to amend the Servicemembers Civil Re- creased Assessment Rate’’ (Docket No. AMS– the United States. He also developed lief Act to provide for the protection of child FV–07–0151) received on May 29, 2008; to the and maintained close ties with the custody arrangements for parents who are Committee on Agriculture, Nutrition, and members of the Armed Forces deployed in Forestry. military and civilian leadership of the support of a contingency operation, and for EC–6367. A communication from the Ad- Republic of Korea in partnership with other purposes. ministrator, Agricultural Marketing Serv- the U.S. Ambassador to Korea. He has ice, Department of Agriculture, transmit- helped fuse a lasting bond between the f ting, pursuant to law, the report of a rule en- two countries. EXECUTIVE AND OTHER titled ‘‘Pistachios Grown in California, General Bell is a soldier’s soldier. COMMUNICATIONS Change in Reporting Requirements’’ (Docket Throughout his career, he has made No. FV07–983–2 FR) received on May 29, 2008; The following communications were to the Committee on Agriculture, Nutrition, the wellbeing of soldiers, families, and laid before the Senate, together with and Forestry. civilians a priority. He expects those accompanying papers, reports, and doc- EC–6368. A communication from the Ad- serving below him to do the same. uments, and were referred as indicated: ministrator, Agricultural Marketing Serv- During service in Desert Shield and ice, Department of Agriculture, transmit- Desert Storm as the United States Cen- EC–6359. A communication from the Ad- ting, pursuant to law, the report of a rule en- ministrator, Agricultural Marketing Serv- titled ‘‘Pistachios Grown in California; tral Command executive officer, he ice, Department of Agriculture, transmit- worked to ensure that each soldier was Change in Reporting Requirements’’ (Docket ting, pursuant to law, the report of a rule en- No. AMS–FV–07–0095) received on May 29, properly prepared, trained, and titled ‘‘Sorghum Promotion, Research, and 2008; to the Committee on Agriculture, Nu- equipped for the mission and that Consumer Information’’ ((RIN0581– trition, and Forestry. every family was cared for by a Family AC70)(Docket No. AMS–LS–07–0056)) received EC–6369. A communication from the Ad- Readiness Group. on May 29, 2008; to the Committee on Agri- ministrator, Fruit and Vegetable Programs, Throughout his illustrious career in culture, Nutrition, and Forestry. Department of Agriculture, transmitting, the Army, General Bell has been noth- EC–6360. A communication from the Ad- pursuant to law, the report of a rule entitled ministrator, Agricultural Marketing Serv- ‘‘Oranges, Grapefruit, Tangerines, and Tan- ing less than exceptional. He is a great ice, Department of Agriculture, transmit- credit to the Army and this country. I gelos Grown in Florida’’ (Docket No. FV07– ting, pursuant to law, the report of a rule en- 905–610) received on May 29, 2008; to the Com- wish him and his wife Katie well in titled ‘‘Avocados Grown in South Florida mittee on Agriculture, Nutrition, and For- their new endeavors.∑ and Imported Avocados; Revision of the Ma- estry. turity Requirements’’ (Docket No. AMS–FV– f EC–6370. A communication from the Ad- 07–0054) received on May 29, 2008; to the Com- ministrator, Dairy Programs, Department of MESSAGES FROM THE PRESIDENT mittee on Agriculture, Nutrition, and For- Agriculture, transmitting, pursuant to law, estry. the report of a rule entitled ‘‘Milk in the Ap- Messages from the President of the EC–6361. A communication from the Ad- palachian and Southeast Marketing Areas; United States were communicated to ministrator, Office of the Secretary, Depart- Correction’’ (Docket No. DA–07–03 A) re- the Senate by Mrs. Neiman, one of his ment of Agriculture, transmitting, pursuant ceived on May 29, 2008; to the Committee on secretaries. to law, the report of a rule entitled ‘‘Rules of Agriculture, Nutrition, and Forestry. Practice Governing Formal Adjudicatory EC–6371. A communication from the Ad- f Proceedings Instituted by the Secretary ministrator, Poultry Programs, Department EXECUTIVE MESSAGES REFERRED Under Various Statutes’’ (Docket No. AMS– of Agriculture, transmitting, pursuant to LRRS–08–0015) received on May 29, 2008; to law, the report of a rule entitled ‘‘Increase in As in executive session the Presiding the Committee on Agriculture, Nutrition, Fees and Charges for Egg, Poultry, and Rab- Officer laid before the Senate messages and Forestry. bit Grading; Correction’’ (Docket No. AMS– from the President of the United EC–6362. A communication from the Ad- PY–08–0030) received on May 29, 2008; to the States submitting sundry nominations ministrator, Fruit and Vegetable Programs, Committee on Agriculture, Nutrition, and which were referred to the appropriate Department of Agriculture, transmitting, Forestry. pursuant to law, the report of a rule entitled EC–6372. A communication from the Ad- committees. ‘‘Potato Grade Standards’’ (Docket No. ministrator, Dairy Program, Department of (The nominations received today are AMS–2006–0136) received on May 29, 2008; to Agriculture, transmitting, pursuant to law, printed at the end of the Senate pro- the Committee on Agriculture, Nutrition, the report of a rule entitled ‘‘National Dairy ceedings.) and Forestry. Promotion and Research Program, Section

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.025 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4967 610 Review’’ (Docket No. DA–06–04) received lations: Mandatory Automated Export Sys- and uranium enrichment services purchased on May 29, 2008; to the Committee on Agri- tem Filing for All Shipments Requiring by owners of U.S. civilian nuclear power re- culture, Nutrition, and Forestry. Shipper’s Export Declaration Information’’ actors during calendar year 2007; to the Com- EC–6373. A communication from the Assist- (RIN0607–AA38) received on May 29, 2008; to mittee on Energy and Natural Resources. ant Secretary of the Navy (Installations and the Committee on Commerce, Science, and EC–6394. A communication from the Assist- Environment), transmitting, pursuant to Transportation. ant Secretary for Fish and Wildlife and law, notification of the Department’s deci- EC–6385. A communication from the Dep- Parks, Department of the Interior, transmit- sion to convert to contract the intermediate uty Assistant Administrator for Regulatory ting a draft bill entitled, ‘‘To rename Martin level ship maintenance support functions; to Programs, National Marine Fisheries Serv- Luther King, Junior, National Historic Site the Committee on Armed Services. ice, Department of Commerce, transmitting, in the State of Georgia as ‘Martin Luther EC–6374. A communication from the Dep- pursuant to law, the report of a rule entitled King, Junior, National Historical Park’’’; to uty Under Secretary of Defense (Acquisition ‘‘Final Rule to Decrease the Incidental Catch the Committee on Energy and Natural Re- and Technology), transmitting, pursuant to of Weakfish in the Exclusive Economic Zone sources. law, a report relative to each task order con- in Non-Directed Fisheries’’ (RIN0648–AV44) EC–6395. A communication from the Assist- tract that was extended in fiscal year 2007 to received on May 29, 2008; to the Committee ant Secretary for Fish and Wildlife and a period of more than ten years; to the Com- on Commerce, Science, and Transportation. Parks, Department of the Interior, transmit- mittee on Armed Services. EC–6386. A communication from the Acting ting a draft bill entitled, ‘‘Rio Grande Wild EC–6375. A communication from the Prin- Assistant Administrator for Fisheries, Na- and Scenic River Boundary Adjustment Act cipal Deputy, Office of the Under Secretary tional Marine Fisheries Service, Department of 2008’’; to the Committee on Energy and of Defense (Personnel and Readiness), trans- of Commerce, transmitting, pursuant to law, Natural Resources. mitting the report of (5) officers authorized the report of a rule entitled ‘‘Final Rule, EC–6396. A communication from the Assist- to wear the insignia of the grade of major Correction; Correction to Implementation of ant Secretary for Fish and Wildlife and general in accordance with title 10, United Amendment 80 and Amendment 85 to Bering Parks, Department of the Interior, transmit- States Code, section 777; to the Committee Sea and Aleutian Islands Management Area ting a draft bill entitled, ‘‘George Wash- on Armed Services. Fishery Management Plan’’ (RIN0648–AU68) ington Memorial Parkway Boundary Revi- EC–6376. A communication from the Prin- received on May 29, 2008; to the Committee sion Act’’; to the Committee on Energy and cipal Deputy, Office of the Under Secretary on Commerce, Science, and Transportation. Natural Resources. of Defense (Personnel and Readiness), trans- EC–6387. A communication from the Acting EC–6397. A communication from the Assist- mitting, pursuant to law, notification of the Director, Office of Sustainable Fisheries, De- ant Secretary for Fish and Wildlife and Department’s intent to close the Defense partment of Commerce, transmitting, pursu- Parks, Department of the Interior, transmit- commissary stores at Idar-Oberstein and ant to law, the report of a rule entitled ting a draft bill intended to adjust the wil- Dexheim, Germany; to the Committee on ‘‘Fisheries of the Exclusive Economic Zone derness boundary at Lava Beds National Armed Services. Off Alaska; Pacific Ocean Perch for Vessels Monument; to the Committee on Energy and EC–6377. A communication from the Acting in the Bering Sea and Aleutian Islands Trawl Natural Resources. General Counsel of the Department of De- Limited Access Fishery in the Central Aleu- EC–6398. A communication from the Assist- fense, transmitting legislative proposals rel- tian District of the Bering Sea and Aleutian ant Secretary for Fish and Wildlife and ative to the National Defense Authorization Islands Management Area’’ (RIN0648–XH84) Parks, Department of the Interior, transmit- Bill for fiscal year 2009; to the Committee on received on May 29, 2008; to the Committee ting a draft bill intended to authorize the Armed Services. on Commerce, Science, and Transportation. Secretary to administer the Juan Bautista EC–6378. A communication from the Acting EC–6388. A communication from the Acting de Anza National Historic Trail; to the Com- General Counsel of the Department of De- Director, Office of Sustainable Fisheries, De- mittee on Energy and Natural Resources. fense, transmitting legislative proposals it partment of Commerce, transmitting, pursu- EC–6399. A communication from the Assist- wants to be included as part of the National ant to law, the report of a rule entitled ant Secretary for Fish and Wildlife and Defense Authorization Bill for fiscal year ‘‘Fisheries of the Exclusive Economic Zone Parks, Department of the Interior, transmit- 2009, including one relative to the extension Off Alaska; Pacific Cod by Catcher Vessels ting a draft bill entitled, ‘‘Abraham Lincoln of payment bonuses; to the Committee on Less Than 60 ft LOA Using Pot or Hook-and- Birthplace National Historical Park Act of Armed Services. Line Gear in the Bering Sea and Aleutian Is- 2008’’; to the Committee on Energy and Nat- EC–6379. A communication from the Acting lands Management Area’’ (RIN0648–XH78) re- ural Resources. General Counsel of the Department of De- ceived on May 29, 2008; to the Committee on EC–6400. A communication from the Assist- fense, transmitting legislative proposals it Commerce, Science, and Transportation. ant Secretary for Fish and Wildlife and wants to be included as part of the National EC–6389. A communication from the Dep- Parks, Department of the Interior, transmit- Defense Authorization Bill for fiscal year uty Assistant Administrator for Operations, ting a draft bill entitled, ‘‘Cape Cod National 2009, including one relative to the deposit National Marine Fisheries Service, Depart- Seashore Advisory Commission Reauthoriza- fund for minor beneficiaries; to the Com- ment of Commerce, transmitting, pursuant tion Act’’; to the Committee on Energy and mittee on Armed Services. to law, the report of a rule entitled ‘‘Final Natural Resources. EC–6380. A communication from the Fed- Rule to Establish 2008 Groundfish Fishery EC–6401. A communication from the Assist- eral Register Liaison Officer, Office of the Specifications for Pacific Whiting’’ (RIN0648– ant Secretary for Fish and Wildlife and Secretary, Department of Defense, transmit- AW63) received on May 29, 2008; to the Com- Parks, Department of the Interior, transmit- ting, pursuant to law, the report of a rule en- mittee on Commerce, Science, and Transpor- ting a draft bill entitled, ‘‘To modify the titled ‘‘User Fees’’ (RIN0790–AH93) received tation. boundary of Voyageurs National Park in the on May 29, 2008; to the Committee on Armed EC–6390. A communication from the Asso- State of Minnesota’’; to the Committee on Services. ciate Administrator for Aeronautics, Aero- Energy and Natural Resources. EC–6381. A communication from the Sec- nautics Research Mission Directorate, Na- EC–6402. A communication from the Assist- retary of the Treasury, transmitting, pursu- tional Aeronautics and Space Administra- ant Secretary for Fish and Wildlife and ant to law, a six-month periodic report on tion, transmitting, pursuant to law, the re- Parks, Department of the Interior, transmit- the national emergency that was declared in port of a rule entitled ‘‘Development Work ting a draft bill entitled, ‘‘To designate as Executive Order 13405 with respect to for Industry in NASA Wind Tunnels’’ wilderness certain lands within the Pictured Belarus; to the Committee on Banking, (RIN2700–AC81) received on May 29, 2008; to Rocks National Lakeshore in the State of Housing, and Urban Affairs. the Committee on Commerce, Science, and Michigan’’; to the Committee on Energy and EC–6382. A communication from the Chair- Transportation. Natural Resources. man and President, Export-Import Bank of EC–6391. A communication from the Sec- EC–6403. A communication from the Assist- the United States, transmitting, pursuant to retary of Transportation, transmitting a ant Secretary for Fish and Wildlife and law, a report relative to the sale of four Boe- draft bill intended to authorize certain mari- Parks, Department of the Interior, transmit- ing 777–300ER aircraft to Brazil; to the Com- time programs; to the Committee on Com- ting a draft bill entitled, ‘‘National Park mittee on Banking, Housing, and Urban Af- merce, Science, and Transportation. System Uniform Penalty Amendment Act’’; fairs. EC–6392. A communication from the Acting to the Committee on Energy and Natural Re- EC–6383. A communication from the Chair- Assistant Administrator for Fisheries, Na- sources. man and President, Export-Import Bank of tional Oceanic and Atmospheric Administra- EC–6404. A communication from the Execu- the United States, transmitting, pursuant to tion, Department of Commerce, transmit- tive Director, Federal Energy Regulatory law, a report relative to the export of one ting, pursuant to law, a report on excess har- Commission, transmitting, pursuant to law, Boeing 747–400F cargo aircraft and four in- vesting capacity in U.S. fisheries; to the the report of a rule entitled ‘‘Annual Update stalled Rolls Royce engines to Luxembourg; Committee on Commerce, Science, and of Filing Fees’’ (RIN1902–AD57) received on to the Committee on Banking, Housing, and Transportation. May 21, 2008; to the Committee on Energy Urban Affairs. EC–6393. A communication from the Ad- and Natural Resources. EC–6384. A communication from the Direc- ministrator, Energy Information Adminis- EC–6405. A communication from the Direc- tor, Census Bureau, Department of Com- tration, Department of Energy, transmit- tor, Regulatory Management Division, Envi- merce, transmitting, pursuant to law, the re- ting, pursuant to law, a report relative to ronmental Protection Agency, transmitting, port of a rule entitled ‘‘Foreign Trade Regu- the country of origin and sellers of uranium pursuant to law, the report of a rule entitled

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A communication from the Direc- tection Act for Take of Eagles: mitting, pursuant to law, the report of a rule tor, Regulatory Management Division, Envi- Grandfathering Existing Take Authoriza- entitled ‘‘State Long-Term Care Partnership ronmental Protection Agency, transmitting, tions for Bald and Golden Eagles Under the Program: Reporting Requirements for Insur- pursuant to law, the report of a rule entitled Endangered Species Act’’ (RIN1018–AV11) re- ers’’ (RIN0991–AB44) received on May 21, 2008; ‘‘Approval and Promulgation of Air Quality ceived on May 21, 2008; to the Committee on to the Committee on Finance. Implementation Plans; Minnesota; Inter- Environment and Public Works. EC–6427. A communication from the Pro- state Transport of Pollution’’ (FRL No. 8573– EC–6416. A communication from the Chair- gram Manager, Centers for Medicare and 3) received on May 29, 2008; to the Committee man, Nuclear Regulatory Commission, trans- Medicaid Services, Department of Health on Environment and Public Works. mitting, pursuant to law, a report relative to and Human Services, transmitting, pursuant EC–6407. A communication from the Direc- abnormal occurrences during fiscal year 2007; to law, the report of a rule entitled ‘‘Medi- tor, Regulatory Management Division, Envi- to the Committee on Environment and Pub- care Program; Changes for Long-Term Care ronmental Protection Agency, transmitting, lic Works. Hospitals Required by Certain Provisions of pursuant to law, the report of a rule entitled EC–6417. A communication from the Chief the Medicare, Medicaid, SCHIP Extension ‘‘Approval and Promulgation of Air Quality of the Publications and Regulations Branch, Act of 2007: 3-Year Moratorium on the Estab- Implementation Plans; Minnesota; Mainte- Internal Revenue Service, Department of the lishment of New Long-Term Care Hospitals nance Plan Update for Dakota County Lead Treasury, transmitting, pursuant to law, the and Long-Term Care Hospital Satellite Fa- Area’’ (FRL No. 8572–6) received on May 29, report of a rule entitled ‘‘Coordinated Issue: cilities and Increases in Beds in Existing 2008; to the Committee on Environment and State and Local Location Tax Incentives’’ Long-Term Care Hospitals and Long-Term Public Works. (Docket No. LMSB–04–0408–023) received on Care Hospital Satellite Facilities; and 3-Year EC–6408. A communication from the Direc- May 29, 2008; to the Committee on Finance. Delay in the Application of Certain Payment tor, Regulatory Management Division, Envi- EC–6418. A communication from the Chief Adjustments’’ (RIN0938–AP33) received on ronmental Protection Agency, transmitting, of the Publications and Regulations Branch, May 21, 2008; to the Committee on Finance. pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the EC–6428. A communication from the Direc- ‘‘Approval and Promulgation of Implementa- Treasury, transmitting, pursuant to law, the tor-General of the Food and Agriculture Or- tion Plans; South Carolina; Prevention of report of a rule entitled ‘‘Treatment of Prop- ganization of the United Nations, transmit- Significant Deterioration and Nonattain- erty Used to Acquire Parent Stock in Cer- ting an invitation to a conference on the ment New Source Review Rules’’ (FRL No. tain Triangular Reorganizations Involving challenges of climate change and bioenergy; 8573–2) received on May 29, 2008; to the Com- Foreign Corporations’’ ((RIN1545–BG97)(TD to the Committee on Foreign Relations. mittee on Environment and Public Works. 9400)) received on May 29, 2008; to the Com- EC–6429. A communication from the Assist- EC–6409. A communication from the Direc- mittee on Finance. ant Secretary, Office of Legislative Affairs, tor, Regulatory Management Division, Envi- EC–6419. A communication from the Pro- Department of State, transmitting, pursuant ronmental Protection Agency, transmitting, gram Manager, Centers for Medicare and to law, the certification of a proposed manu- pursuant to law, the report of a rule entitled Medicaid Services, Department of Health facturing license agreement for the export of ‘‘Expedited Approval of Alternative Test and Human Services, transmitting, pursuant Procedures for the Analysis of Contaminants defense articles to the United Kingdom and to law, the report of a rule entitled ‘‘Hospice Under the Safe Drinking Water Act; Analysis Greece for the manufacture of the Light- Care Conditions of Participation’’ (RIN0938– and Sampling Procedures’’ (FRL No. 8573–7) weight 30mm TP projectile and the LW 30mm received on May 29, 2008; to the Committee AH27) received on May 29, 2008; to the Com- cartridge case; to the Committee on Foreign on Environment and Public Works. mittee on Finance. Relations. EC–6410. A communication from the Direc- EC–6420. A communication from the Sec- EC–6430. A communication from the Assist- tor, Regulatory Management Division, Envi- retary of Health and Human Services, trans- ant Secretary, Office of Legislative Affairs, ronmental Protection Agency, transmitting, mitting, pursuant to law, a report relative to Department of State, transmitting, pursuant pursuant to law, the report of a rule entitled the use and effectiveness of Medicaid Integ- to law, the certification of a proposed license ‘‘Expedited Approval of Alternative Test rity Program funds; to the Committee on Fi- for the export of defense articles relative to Procedures for the Analysis of Contaminants nance. the Proton launch of commercial and foreign Under the Safe Drinking Water Act; Analysis EC–6421. A communication from the Social non-commercial satellites from Kazakhstan; and Sampling Procedures’’ (FRL No. 8573–7) Security Regulations Officer, Social Secu- to the Committee on Foreign Relations. received on May 29, 2008; to the Committee rity Administration, transmitting, pursuant EC–6431. A communication from the Assist- on Environment and Public Works. to law, the report of a rule entitled ‘‘Parent- ant Secretary, Office of Legislative Affairs, EC–6411. A communication from the Chief to-Child deeming from Stepparents’’ Department of State, transmitting, pursuant of the Branch of Listing of Endangered Spe- (RIN0960–AF96) received on May 29, 2008; to to law, the certification of a license for the cies, Fish and Wildlife Service, Department the Committee on Finance. export of defense articles to Japan for the of the Interior, transmitting, pursuant to EC–6422. A communication from the Chief co-development of the Galaxy Express space law, the report of a rule entitled ‘‘Endan- of the Publications and Regulations Branch, launch vehicle upgrade program; to the Com- gered and Threatened Wildlife and Plants; Internal Revenue Service, Department of the mittee on Foreign Relations. Special Rule for the Polar Bear’’ (RIN1018– Treasury, transmitting, pursuant to law, the EC–6432. A communication from the Assist- AV79) received on May 29, 2008; to the Com- report of a rule entitled ‘‘2009 Inflation Ad- ant Secretary, Office of Legislative Affairs, mittee on Environment and Public Works. justments for Health Savings Accounts’’ Department of State, transmitting, pursuant EC–6412. A communication from the Chief (Rev. Proc. 2008–29) received on May 21, 2008; to law, the certification of a license for the Counsel, Economic Development Adminis- to the Committee on Finance. export of defense articles to Japan in support tration, Department of Commerce, transmit- EC–6423. A communication from the Chief of the manufacture of the M167A1 Vulcan Air ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, Defense System; to the Committee on For- titled ‘‘Economic Development Administra- Internal Revenue Service, Department of the eign Relations. tion Reauthorization Act of 2004 Implemen- Treasury, transmitting, pursuant to law, the EC–6433. A communication from the Assist- tation; Regulatory Revision’’ (RIN0610–AA63) report of a rule entitled ‘‘Guidance Under ant Secretary, Office of Legislative Affairs, received on May 29, 2008; to the Committee Section 7874 for Determining the Ownership Department of State, transmitting, pursuant on Environment and Public Works. Percentage in the Case of Expanded Affili- to law, the certification of a proposed license EC–6413. A communication from the Assist- ated Groups’’ ((RIN1545–BE93)(TD 9399)) re- for the export of defense articles to the Min- ant Secretary of the Army (Civil Works), ceived on May 21, 2008; to the Committee on istry of Defense of Georgia relative to the transmitting, pursuant to law, the Adminis- Finance. 20M–134G complete 7.62 mini-gun systems; to tration’s position on budgeting for the Fed- EC–6424. A communication from the Com- the Committee on Foreign Relations. eral navigation improvement project at missioner, Social Security Administration, EC–6434. A communication from the Assist- Akutan Harbor, Alaska, and the Final Feasi- transmitting a draft bill intended to make ant Secretary, Office of Legislative Affairs, bility Report on the Harbor; to the Com- amendments to the Old-Age, Survivors, and Department of State, transmitting, pursuant mittee on Environment and Public Works. Disability Insurance program; to the Com- to law, the certification of a license for the EC–6414. A communication from the Assist- mittee on Finance. export of defense articles to Russia, Ukraine, ant Secretary of the Army (Civil Works), EC–6425. A communication from the Pro- and Norway relative to the launch of all transmitting, pursuant to law, a report on gram Manager, Centers for Medicare and commercial and foreign non-commercial sat- the Administration’s position on budgeting Medicaid Services, Department of Health ellites from the Pacific Ocean using a modi- for the Lock and Dam 3 Mississippi River and Human Services, transmitting, pursuant fied oil platform; to the Committee on For- Navigation Safety and Embankments Navi- to law, the report of a rule entitled ‘‘Medi- eign Relations. gation Improvement Project; to the Com- care Program; Provider Reimbursement De- EC–6435. A communication from the Assist- mittee on Environment and Public Works. terminations and Appeals’’ (RIN0938–AL54) ant Secretary, Office of Legislative Affairs, EC–6415. A communication from the Chief received on May 21, 2008; to the Committee Department of State, transmitting, pursuant of the Division of Migratory Bird Manage- on Finance. to law, the re-certification of a proposed

VerDate Aug 31 2005 04:36 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.034 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4969 manufacturing license agreement for the ex- March 31, 2008; to the Committee on Home- the United States, and for other purposes; to port of defense services to the United King- land Security and Governmental Affairs. the Committee on Commerce, Science, and dom for the manufacture and assembly of EC–6446. A communication from the Acting Transportation. component parts into completed Chief Acquisition Officer and Senior Pro- By Mrs. FEINSTEIN (for herself, Mr. SINCGARDS Advanced Tactical Communica- curement Executive, General Services Ad- LEAHY, Mr. CARDIN, Mr. SANDERS, Mr. tion Systems; to the Committee on Foreign ministration, Department of Defense, trans- FEINGOLD, and Mr. BROWN): Relations. mitting, pursuant to law, the report of a rule S.J. Res. 37. A joint resolution expressing EC–6436. A communication from the Sec- entitled ‘‘Federal Acquisition Regulation; the sense of Congress that the United States retary of Health and Human Services, trans- Federal Acquisition Circular 2005–25’’ (FAC should sign the Declaration of the Oslo Con- mitting, pursuant to law, a report relative to 2005–25) received on May 29, 2008; to the Com- ference on Cluster Munitions and future in- the effectiveness of programs assisted under mittee on Homeland Security and Govern- struments banning cluster munitions that the Lead Contamination Control Act of 1988 mental Affairs. cause unacceptable harm to civilians; to the for fiscal year 2005 to fiscal year 2007; to the EC–6447. A communication from the Fed- Committee on Foreign Relations. Committee on Health, Education, Labor, and eral Co-Chair, Appalachian Regional Com- f Pensions. mission, transmitting, pursuant to law, the EC–6437. A communication from the Dep- Office of Inspector General’s Semiannual Re- SUBMISSION OF CONCURRENT AND uty Director, Pension Benefit Guaranty Cor- port for the period of October 1, 2007, through SENATE RESOLUTIONS poration, transmitting, pursuant to law, the March 31, 2008; to the Committee on Home- report of a rule entitled ‘‘Benefits Payable in land Security and Governmental Affairs. The following concurrent resolutions Terminated Single-Employer Plans; Alloca- EC–6448. A communication from the Chair- and Senate resolutions were read, and tion of Assets in Single-Employer Plans; In- man, U.S. International Trade Commission, referred (or acted upon), as indicated: terest Assumptions for Valuing and Paying transmitting, pursuant to law, the Office of By Mr. INHOFE (for himself and Mr. Benefits’’ (73 FR 28037) received on May 29, Inspector General’s Semiannual Report for DODD): 2008; to the Committee on Health, Education, the period of October 1, 2007, through March S. Res. 581. A resolution designating June Labor, and Pensions. 31, 2008; to the Committee on Homeland Se- 6, 2008, as ‘‘National Huntington’s Disease EC–6438. A communication from the Sec- curity and Governmental Affairs. retary of Health and Human Services, trans- Awareness Day’’; considered and agreed to. EC–6449. A communication from the Dis- By Mr. KERRY (for himself and Mrs. mitting, pursuant to law, an annual report trict of Columbia Auditor, transmitting, pur- BOXER): for fiscal year 2007 relative to the Food and suant to law, a report entitled, ‘‘Auditor’s Drug Administration’s adherence to condi- S. Con. Res. 86. A concurrent resolution ex- Examination of Contract Cost and Adminis- pressing the sense of Congress that the tions established in the Federal Food, Drug, tration for the Integrated Tax System’’; to and Cosmetic Act; to the Committee on United States, through the International the Committee on Homeland Security and Whaling Commission, should use all appro- Health, Education, Labor, and Pensions. Governmental Affairs . EC–6439. A communication from the Sec- priate measures to end commercial whaling EC–6450. A communication from the Direc- in all of its forms and seek to strengthen retary, Department of Agriculture, transmit- tor, National Legislative Commission, The ting, pursuant to law, the Office of Inspector measures to conserve whale species; to the American Legion, transmitting, pursuant to Committee on Foreign Relations. General’s Semiannual Report for the six- law, statements describing the organiza- month period that ended March 31, 2008; to tion’s financial condition as of December 31, f the Committee on Homeland Security and 2007; to the Committee on the Judiciary. Governmental Affairs. EC–6451. A communication from the White ADDITIONAL COSPONSORS EC–6440. A communication from the Chair- House Liaison, Department of Justice, trans- S. 394 person, Committee for Purchase from People mitting, pursuant to law, the report of a Who Are Blind or Severely Disabled, trans- At the request of Mr. AKAKA, the nomination and change in previously sub- name of the Senator from Vermont mitting proposed amendments to the Javits- mitted reported information for the position Wagner-O’Day Act; to the Committee on of U.S. Attorney, District of South Carolina, (Mr. LEAHY) was added as a cosponsor Homeland Security and Governmental Af- received on May 21, 2008; to the Committee of S. 394, a bill to amend the Humane fairs. on the Judiciary. Methods of Livestock Slaughter Act of EC–6441. A communication from the Direc- EC–6452. A communication from the Acting 1958 to ensure the humane slaughter of tor, Strategic Human Resources Policy, Of- Chief, Regulatory Management Division, De- fice of Personnel Management, transmitting, nonambulatory livestock, and for other partment of Homeland Security, transmit- pursuant to law, the report of a rule entitled purposes. ting, pursuant to law, the report of a rule en- ‘‘Nonforeign Area Cost-of-Living Allowance S. 399 titled ‘‘Establishment of a Genealogy Pro- Rates; Puerto Rico and Hawaii County, HI’’ gram’’ (RIN1615–AB19) received on May 21, At the request of Mr. BUNNING, the (RIN3206–AL28) received on May 29, 2008; to 2008; to the Committee on the Judiciary. name of the Senator from Montana the Committee on Homeland Security and EC–6453. A communication from the White (Mr. TESTER) was added as a cosponsor Governmental Affairs. House Liaison, Department of Veterans Af- EC–6442. A communication from the Direc- of S. 399, a bill to amend title XIX of fairs, transmitting, pursuant to law, (2) re- tor, Division for Strategic Human Resources the Social Security Act to include po- ports relative to vacancy announcements Policy, Office of Personnel Management, diatrists as physicians for purposes of within the Department, received on May 29, transmitting, pursuant to law, the report of covering physicians services under the 2008; to the Committee on Veterans’ Affairs. a rule entitled ‘‘Compensatory Time Off for Medicaid program. Travel; Prevailing (Wage) Employees’’ f S. 582 (RIN3206–AL52) received on May 29, 2008; to INTRODUCTION OF BILLS AND the Committee on Homeland Security and At the request of Mr. SMITH, the Governmental Affairs. JOINT RESOLUTIONS name of the Senator from North Caro- EC–6443. A communication from the Gen- The following bills and joint resolu- lina (Mr. BURR) was added as a cospon- eral Counsel, Office of Management and tions were introduced, read the first sor of S. 582, a bill to amend the Inter- Budget, Executive Office of the President, and second times by unanimous con- nal Revenue Code of 1986 to classify transmitting, pursuant to law, the report of sent, and referred as indicated: automatic fire sprinkler systems as 5- the discontinuation of service in an acting year property for purposes of deprecia- role for the position of Controller, received By Mr. VITTER: on May 29, 2008; to the Committee on Home- S. 3076. A bill to amend the Internal Rev- tion. land Security and Governmental Affairs. enue Code of 1986 to provide a tax deduction S. 937 EC–6444. A communication from the Gen- for itemizers and nonitemizers for expenses At the request of Mr. KERRY, his eral Counsel, Office of Management and relating to home schooling; to the Com- name was added as a cosponsor of S. Budget, Executive Office of the President, mittee on Finance. 937, a bill to improve support and serv- transmitting, pursuant to law, the report of By Mr. REID (for Mr. OBAMA (for him- ices for individuals with autism and a rule entitled ‘‘Accounting for the Costs of self, Mr. COBURN, Mr. CARPER, and Employee Stock Ownership Plans Sponsored Mr. MCCAIN)): their families. by Government Contractors’’ (Docket No. S. 3077. A bill to strengthen transparency S. 970 3110–01) received on May 29, 2008; to the Com- and accountability in Federal spending; to At the request of Mr. SMITH, the mittee on Homeland Security and Govern- the Committee on Homeland Security and name of the Senator from Tennessee mental Affairs. Governmental Affairs. (Mr. ALEXANDER) was added as a co- EC–6445. A communication from the Assist- By Ms. COLLINS (for herself and Mrs. ant Secretary, Federal Maritime Commis- CLINTON): sponsor of S. 970, a bill to impose sanc- sion, transmitting, pursuant to law, the Of- S. 3078. A bill to establish a National Inno- tions on Iran and on other countries for fice of Inspector General’s Semiannual Re- vation Council, to improve the coordination assisting Iran in developing a nuclear port for the period of October 1, 2007, to of innovation activities among industries in program, and for other purposes.

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.036 S03JNPT1 jbell on PROD1PC69 with SENATE S4970 CONGRESSIONAL RECORD — SENATE June 3, 2008 S. 1042 (Mr. MENENDEZ) was added as a cospon- reau, and improvement of Federal- At the request of Mr. ENZI, the name sor of S. 2042, a bill to authorize the State military coordination in domes- of the Senator from North Carolina Secretary of Health and Human Serv- tic emergency response, and for other (Mrs. DOLE) was added as a cosponsor ices to conduct activities to rapidly ad- purposes. of S. 1042, a bill to amend the Public vance treatments for spinal muscular S. 2818 Health Service Act to make the provi- atrophy, neuromuscular disease, and At the request of Mr. ENZI, the name sion of technical services for medical other pediatric diseases, and for other of the Senator from Kentucky (Mr. imaging examinations and radiation purposes. MCCONNELL) was added as a cosponsor therapy treatments safer, more accu- S. 2162 of S. 2818, a bill to amend the Employee rate, and less costly. At the request of Mr. AKAKA, the Retirement Income Security Act of S. 1120 name of the Senator from Alaska (Mr. 1974 and the Public Health Service Act At the request of Mr. HARKIN, the STEVENS) was added as a cosponsor of to provide for enhanced health insur- name of the Senator from New Jersey S. 2162, a bill to improve the treatment ance marketplace pooling and relating (Mr. MENENDEZ) was added as a cospon- and services provided by the Depart- market rating. sor of S. 1120, a bill to amend the Pub- ment of Veterans Affairs to veterans S. 2858 lic Health Service Act to provide with post-traumatic stress disorder and At the request of Ms. MIKULSKI, the grants for the training of graduate substance use disorders, and for other name of the Senator from South Da- medical residents in preventive medi- purposes. kota (Mr. JOHNSON) was added as a co- cine and public health. S. 2173 sponsor of S. 2858, a bill to establish S. 1183 At the request of Mr. HARKIN, the the Social Work Reinvestment Com- At the request of Mr. HARKIN, the name of the Senator from New Jersey mission to provide independent counsel names of the Senator from Connecticut (Mr. MENENDEZ) was added as a cospon- to Congress and the Secretary of (Mr. LIEBERMAN) and the Senator from sor of S. 2173, a bill to amend the Ele- Health and Human Services on policy Washington (Ms. CANTWELL) were mentary and Secondary Education Act issues associated with recruitment, re- added as cosponsors of S. 1183, a bill to of 1965 to improve standards for phys- tention, research, and reinvestment in enhance and further research into pa- ical education. the profession of social work, and for ralysis and to improve rehabilitation other purposes. S. 2579 and the quality of life for persons liv- S. 2932 ing with paralysis and other physical At the request of Mr. INOUYE, the names of the Senator from Louisiana At the request of Mrs. MURRAY, the disabilities, and for other purposes. names of the Senator from Nebraska (Mr. VITTER) and the Senator from Mis- S. 1204 (Mr. NELSON) and the Senator from souri (Mrs. MCCASKILL) were added as At the request of Mr. DODD, the name cosponsors of S. 2579, a bill to require New Jersey (Mr. MENENDEZ) were added of the Senator from Indiana (Mr. BAYH) the Secretary of the Treasury to mint as cosponsors of S. 2932, a bill to amend was added as a cosponsor of S. 1204, a coins in recognition and celebration of the Public Health Service Act to reau- bill to enhance Federal efforts focused the establishment of the United States thorize the poison center national toll- on public awareness and education Army in 1775, to honor the American free number, national media campaign, about the risks and dangers associated soldier of both today and yesterday, in and grant program to provide assist- with Shaken Baby Syndrome. wartime and in peace, and to com- ance for poison prevention, sustain the S. 1437 memorate the traditions, history, and funding of poison centers, and enhance At the request of Ms. STABENOW, the heritage of the United States Army the public health of people of the names of the Senator from Indiana and its role in American society, from United States. (Mr. BAYH), the Senator from Missouri the colonial period to today. S. 2990 (Mrs. MCCASKILL) and the Senator from At the request of Mr. KERRY, the S. 2667 Wisconsin (Mr. KOHL) were added as co- names of the Senator from Indiana At the request of Mr. MENENDEZ, the sponsors of S. 1437, a bill to require the (Mr. BAYH), the Senator from Rhode Is- name of the Senator from Louisiana Secretary of the Treasury to mint land (Mr. WHITEHOUSE) and the Senator (Mr. VITTER) was added as a cosponsor coins in commemoration of the from Oregon (Mr. WYDEN) were added of S. 2667, a bill to direct the Attorney semicentennial of the enactment of the as cosponsors of S. 2990, a bill to amend General to make an annual grant to Civil Rights Act of 1964. title XVIII of the Social Security Act the A Child Is Missing Alert and Recov- S. 1951 to improve access of Medicare bene- ery Center to assist law enforcement At the request of Mr. BAUCUS, the ficiaries to intravenous immune agencies in the rapid recovery of miss- name of the Senator from North Caro- globulins. ing children, and for other purposes. lina (Mrs. DOLE) was added as a cospon- S. 3070 S. 2682 sor of S. 1951, a bill to amend title XIX At the request of Mr. SESSIONS, the of the Social Security Act to ensure At the request of Ms. CANTWELL, her name of the Senator from North Da- that individuals eligible for medical as- name was added as a cosponsor of S. kota (Mr. CONRAD) was added as a co- sistance under the Medicaid program 2682, a bill to direct United States sponsor of S. 3070, a bill to require the continue to have access to prescription funding to the United Nations Popu- Secretary of the Treasury to mint drugs, and for other purposes. lation Fund for certain purposes. coins in commemoration of the centen- S. 1954 S. 2736 nial of the Boy Scouts of America, and At the request of Mr. BAUCUS, the At the request of Mr. KOHL, the name for other proposes. name of the Senator from Tennessee of the Senator from Florida (Mr. NEL- S. RES. 551 (Mr. ALEXANDER) was added as a co- SON) was added as a cosponsor of S. At the request of Mr. BAUCUS, the sponsor of S. 1954, a bill to amend title 2736, a bill to amend section 202 of the names of the Senator from Colorado XVIII of the Social Security Act to im- Housing Act of 1959 to improve the pro- (Mr. ALLARD), the Senator from North prove access to pharmacies under part gram under such section for supportive Carolina (Mr. BURR), the Senator from D. housing for the elderly, and for other Delaware (Mr. CARPER), the Senator S. 1995 purposes. from Maine (Ms. COLLINS), the Senator At the request of Mr. SALAZAR, the S. 2760 from North Dakota (Mr. DORGAN), the name of the Senator from South Caro- At the request of Mr. BOND, the name Senator from Alaska (Mr. STEVENS), lina (Mr. DEMINT) was added as a co- of the Senator from Tennessee (Mr. the Senator from New Hampshire (Mr. sponsor of S. 1995, a bill to amend the CORKER) was added as a cosponsor of S. SUNUNU), the Senator from Montana Internal Revenue Code of 1986 to reduce 2760, a bill to amend title 10, United (Mr. TESTER) and the Senator from the tax on beer to its pre-1991 level. States Code, to enhance the national Louisiana (Mr. VITTER) were added as S. 2042 defense through empowerment of the cosponsors of S. Res. 551, a resolution At the request of Ms. STABENOW, the National Guard, enhancement of the celebrating 75 years of successful name of the Senator from New Jersey functions of the National Guard Bu- State-based alcohol regulation.

VerDate Aug 31 2005 04:36 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.045 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4971 S. RES. 572 just spend differently, we all should be ernance that has been endorsed by a di- At the request of Mrs. DOLE, the able to agree that Government spend- verse range of grassroots organizations name of the Senator from Oklahoma ing should be transparent and that pub- and Government watchdog groups, in- (Mr. COBURN) was added as a cosponsor lic information ought to be accessible cluding the American Association of of S. Res. 572, a resolution calling upon to the public. We should also be able to Law Libraries, Americans for Demo- the Court of Appeal for the Second Ap- agree that the quality of Government cratic Action, Americans for Tax Re- pellate District of California to uphold financial data must be improved and form, the Center for American the fundamental and constitutional made more reliable. Progress, the Center for Democracy & right of parents to direct the upbring- Today I am pleased to be joined by Technology, Citizens for Responsibility ing and education of their children. Senators COBURN, CARPER, and MCCAIN and Ethics in Washington, the Environ- S. RES. 580 on a bill to build upon mental Working Group, the Federation At the request of Mr. BAYH, the USASpending.gov and further advance of American Scientists, the Govern- names of the Senator from Washington Government transparency. In addition ment Accountability Project, the Na- (Ms. CANTWELL) and the Senator from to a few technical corrections, the bill tional Taxpayer Union, OMB Watch, Washington (Mrs. MURRAY) were added we are introducing today will require OpenTheGovernment.org, POGO, Pub- as cosponsors of S. Res. 580, a resolu- the website to include additional pub- lic Citizen, Sciencecorps, the Sunlight tion expressing the sense of the Senate lic information, including a copy of Foundation, Taxpayers for Common on preventing Iran from acquiring a each Federal contract in both PDF and Sense Action, U.S. Action, and U.S. nuclear weapons capability. searchable text format. The improved PIRG among others. website will also include details about f This bill continues the bipartisan competitive bidding, the range of tech- progress we have made opening up STATEMENTS ON INTRODUCED nically acceptable bids or proposals, Washington to greater scrutiny and BILLS AND JOINT RESOLUTIONS the profit incentives offered for each oversight. I am grateful for continued By Mr. REID (for Mr. OBAMA (for contract, and the complete amount of grassroots leadership on these issues money awarded, including any options himself, Mr. COBURN, Mr. CAR- and I appreciate the hard work of my to expand or extend under a contract. PER, and Mr. MCCAIN)): Senate colleagues. Together I know we With this legislation, the website will S. 3077. A bill to strengthen trans- can change the way business is done in also show if a Federal grant or con- parency and accountability in Federal this town and make our Government tract is the result of an earmark as spending; to the Committee on Home- more accountable to the people who land Security and Governmental Af- well as provide an assessment of the quality of work performed. Ordinary sent us here to work for them. I urge fairs. support for this important legislation. Mr. OBAMA. I am proud today to in- citizens will be able to use the website troduce the Strengthening Trans- to find information about Federal By Ms. COLLINS (for herself and audit disputes and resolutions, termi- parency and Accountability in Federal Mrs. CLINTON): Spending Act of 2008. This important nations of Federal awards, contractor S. 3078. A bill to establish a National legislation will improve Government and grantee tax compliance, suspen- Innovation Council, to improve the co- transparency and give the American sions and debarments, and administra- ordination of innovation activities people greater tools to track and mon- tive agreements involving Federal among industries in the United States, award recipients. The website can also itor nearly $2 trillion of Government and for other purposes; to the Com- be used to find information about any spending on contracts, grants, and mittee on Commerce, Science, and civil, criminal, or administrative ac- other forms of assistance. Transportation. Throughout my time in public serv- tions taken against Federal award re- Ms. COLLINS. Mr. President, I rise ice, I have consistently fought to in- cipients, including for violations re- today to introduce the National Inno- crease the openness and accessibility of lated to the workplace, environmental vation and Job Creation Act, a bill protection, fraud, securities, and con- Government and to encourage greater which aims to spur the adoption of new sumer protections. participation by people of all interests technologies and practices that can ac- Under the enhanced website, infor- celerate economic growth and build a and backgrounds in public debates. One mation about government lease agree- secure foundation for good, high-pay- of the most important public debates is ments and assignments will be avail- ing jobs. I am pleased that Senator how Washington spends the people’s able in the same manner that informa- CLINTON joins me in offering this legis- money. Unfortunately, it has been far tion is reported for contracts and too difficult for ordinary citizens to see grants. Information about parent com- lation. We are all familiar with the fiscal where, how, and why money is spent. pany ownership will also be available. Congress took a big step toward im- In addition to improving the trans- challenges our Nation will face in the proving transparency two years ago parency and accessibility of public coming years. Over the next 2 decades, when it passed the Federal Funding Ac- data, our bill will also improve the more than 75 million members of the countability and Transparency Act quality and usability of data that is Baby Boom generation will leave the that I introduced with Senator COBURN. made available. For one thing the data workforce and enter retirement. The That bill, which created the public on USASpending.gov will be accessible loss of their participation in the work- website USASpending.gov, makes in- through an application programming force, coupled with our Social Security formation about nearly all Federal interface. The bill also requires the use obligations and rising healthcare costs, grants, contracts, loans and other fi- of unique award identifiers that pre- will put enormous strains on our econ- nancial assistance available to the pub- vent the release of personally identifi- omy. So too will competition from lic in a regularly updated, user-friend- able information. Finally, the bill cre- other countries, brought about by in- ly, and searchable format. The website ates a simple method for the public to creased international trade and includes the names of entities receiv- report errors and track the perform- globalization. If we do not act to ing Federal awards, the amounts of the ance of agencies in confirming or cor- strengthen our competitiveness, our awards, information on the awards in- recting errors while also requiring reg- nation’s ability to create good, high- cluding transaction types, funding ular audits of data quality. paying jobs will be severely tested. agencies, location, and other informa- People from every State in this great Indeed, there are already troubling tion. Soon the website will also include Nation sent us to Congress to defend signs that our economy’s competitive information about subcontracts and their rights and stand up for their in- edge has been dulled, and we are losing subgrants. terests. To do that we have to tear ground to other nations. In just the Our work is not done however. The down the barriers that separate citi- last 4 months, we’ve seen 340,000 jobs early success of USASpending.gov has zens from the democratic process and lost across the country. According to demonstrated that additional public in- to shine a brighter light on the inner the Bureau of Labor Statistics, there formation should be made available. workings of Washington. are 1.6 million more workers unem- Whether you believe Government This bill helps to shine that light. It ployed today than in 2001, and 800,000 ought to spend more or spend less or is simple common sense and good gov- more workers unemployed than just

VerDate Aug 31 2005 04:36 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.046 S03JNPT1 jbell on PROD1PC69 with SENATE S4972 CONGRESSIONAL RECORD — SENATE June 3, 2008 one year ago. Our trade deficit is now The operation and funding of these The Cluster Development program we 6.5 percent of GDP—the highest in his- existing programs would be unaltered are proposing in this bill is modeled tory—while manufacturing continues by my legislation, but the NIC would after the Department of Labor’s its decades-long decline, accounting for lead these programs to coordinate their WIRED program. It would identify geo- only 12.1 percent of GDP in 2006. We activities where feasible. graphic regions where cluster activity now import more high-technology The NIC would operate several grant is taking place or can develop, and pro- products than we sell to other nations, programs to support efforts to spread vide assistance to local and regional ef- and even in agriculture, where America innovation and create good jobs. Chief forts to build on those clusters. has long been the world leader, our among these would be a grant program I look forward to working with my trade surplus is dropping toward zero. to support innovation-based economic colleagues on this and other proposals Even the service sector is not im- development partnerships in every to bolster innovation, strengthen our mune from the effects of international State. The NIC would also provide Nation’s competitiveness, and most of competition. With the increased tele- grants for the diffusion of technology all, help preserve the foundation for communications capacity provided by in every state, operating through the high-quality jobs in the face of the trans-oceanic fiber-optic networks, ge- existing MEP program. coming economic challenges. ographic proximity to the market is no The NIC would also oversee a new Mrs. CLINTON. Mr. President, today longer necessary for services such as ‘‘Cluster Development’’ program which I introduce the National Innovation back-office operations, call-centers, would operate alongside the six exist- Act of 2008, a bill that will strengthen and software development. ing programs I have already men- America’s leadership in technology and As the Brookings Institute pointed tioned. I want to focus for a moment manufacturing innovation, while help- out in a series of recent white papers on this aspect of my proposal since ing to keep and create more jobs here on the topic of Innovation, ‘‘the growth cluster development is so essential to at home. I would like to recognize my of international trade and the our ability to keep and create good, colleague, Senator COLLINS, for her globalization of production make it in- high-paying jobs in the face of inter- leadership on this bill, and I thank her creasingly important for the United national competition. and her staff for all their hard work. States to innovate to maintain its ‘‘Clusters’’ are geographic areas Our Nation is at a crossroads. Every standard of living.’’ They explain that where interrelated economic activity is day we hear of more jobs being sent low-wage countries will always find it taking place. Businesses that locate in oveaseas and new technology centers easier to compete with America for a cluster build the foundation they all growing halfway across the world. In labor-intensive work that is difficult- rely on to succeed, even as they com- this increasingly global economy, we to-automate, but that does not mean pete with one another. Because of this, need to have the tools and the knowl- that we must surrender whole indus- clusters are often at the heart of edge to compete and succeed. There is tries to China and India, nor does it strong regional economies. Silicon Val- no doubt that technology and innova- mean that we must fear the inevitable ley in California, Route 128 around Bos- tion will be the foundation of the new loss of high value-added jobs that de- ton, and the Research Triangle Park in economy. And America must be at the pend upon research and development, Raleigh-Durham, North Carolina, are forefront of this new, innovation econ- and advanced technology. famous examples of clusters in the omy. Rather, it means that we must build high-tech sector. But cluster develop- The National Innovation Act is a upon what has always given America ment is not just a phenomenon of the comprehensive plan to spur the growth its competitive edge—innovation. This high-tech industry—successful clusters of innovative technologies to increase means taking what has already been can and do arise in any sector of the America’s productivity gains and eco- invented, and putting it to use. It is economy. Think insurance in Con- nomic growth. It builds on the long- only by doing this that we can raise necticut, theme parks in Florida, mov- standing bipartisan commitment to our productivity rate, and ultimately, ies in Hollywood, and boatbuilding in improve our Nation’s competitiveness continue to create the high-paying jobs Maine. Each of these ‘‘clusters’’ is built by strengthening our innovation infra- that Americans need and deserve. around a skilled labor force that can structure. Last year, with the passage of the command good wages, and is ready to This new legislation creates a ‘‘Na- America COMPETES Act, we took an compete with the best the world has to tional Innovation Council’’ to coordi- important step toward bolstering re- offer. nate Federal innovation policy, and to search and education that can serve as In Maine, cluster development has help support efforts at the State and the foundation for future innovation. been championed by Karen Mills, the local level to accelerate the adoption But we must go beyond this, to help primary author of the Brookings Insti- of innovation technologies throughout enterprises understand innovative tute’s white paper ‘‘Clusters and Com- the economy. It will include six exist- technologies and services that can petitiveness.’’ From her work in help- ing Federal programs which share this make them more competitive, and to ing Maine secure $15 million in WIRED important innovation-based mission. help them overcome the barriers they funding to further develop the com- The National Innovation Act also es- face in adopting these innovations. posite and boatbuilding clusters in a tablishes a CLUSTER Information Cen- That is what the bill Senator CLIN- project that hopes to create 2,500 high- ter and a Cluster Grant Program. The TON and I are introducing today aims quality jobs over the next 5 to 7 years, CLIC will collect, develop, and dissemi- to do. The bill creates a National Inno- to her current position as chair of nate analysis on industry clusters vation Council in the Executive Office Maine’s Council on Competitiveness throughout all 50 States, provide tech- of the President, to take the lead in co- and the Economy, Karen’s hard work nical assistance guides for regional ordinating existing Federal efforts on and dedication on cluster development cluster development, and develop ini- innovation, and to help support those is unsurpassed. tiatives and programs. efforts at the State and local level. Six The WIRED grant has enabled Maine Since I took office, I have devoted Federal programs that share innova- to make great progress on cluster de- time and energy into trying to help the tion-based missions would be relocated velopment, but more must be done na- economically distressed communities to the NIC. These are: The Manufac- tionally. As Karen explained in the throughout New York State, particu- turing Extension Partnership Program Brookings white paper, our Nation’s larly those in upstate New York that (the ‘‘MEP’’), the Technology Innova- network of cluster initiatives is ‘‘thin were once economically vibrant but tion Program, Partnerships for Innova- and uneven,’’ and consequently ‘‘many now are facing a declining economy. tion, the Industry-University Coopera- U.S. industry clusters are not as com- This legislation will help revitalize tive Research Center Program, the En- petitive as they could be, to the det- communities in upstate New York and gineering Research Center Program, riment of the nation’s capacity to sus- across the country who have been hit and the Workforce Innovations in Re- tain well-paying jobs.’’ Because of this, hard by manufacturing and job loss by gional Economic Development pro- ‘‘too many workers are losing decent establishing regional economic clus- gram, known as the ‘‘WIRED’’ pro- jobs, and too many regions are strug- ters. It will bring innovation to every gram. gling economically.’’ corner of America. Communities can

VerDate Aug 31 2005 04:45 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.055 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4973 use cluster grants to build on the stockpiles. Senator FEINSTEIN and I S. RES. 581 strengths of their particular regions by have also introduced legislation that Whereas Huntington’s Disease is a progres- utilizing the skills and knowledge base would apply these same criteria to the sive degenerative neurological disease that of local businesses, economic devel- use of cluster munitions. That legisla- causes total physical and mental deteriora- opers, colleges and universities, sci- tion now has 20 cosponsors. tion over a 12 to 15 year period; I want to express my appreciation to Whereas each child of a parent with Hun- entists, nonprofits, and the public sec- tington’s Disease has a 50 percent chance of tor. the Government of Norway for its lead- inheriting the Huntington’s Disease gene; In order to secure the future of ership in initiating the process that led Whereas Huntington’s Disease typically America’s economy we must create to the agreement on the treaty in Dub- begins in mid-life, between the ages of 30 and new, good-paying jobs here at home. lin, and to the Cluster Munitions Coali- 45, though onset may occur as early as the Investing in new technologies and in- tion, a group of some 200 nongovern- age of 2; dustries will expand our workforce, en- mental organizations that worked dili- Whereas children who develop the juvenile suring America remains competitive in gently in support of the treaty. form of the disease rarely live to adulthood; Whereas the average lifespan after onset of the global economy and putting us on a I traveled to Dublin last week to meet with delegates to the negotia- Huntington’s Disease is 10 to 20 years, and course toward growth and prosperity the younger the age of onset, the more rapid for future generations. tions, including the president of the the progression of the disease; Conference Daithi O’Ceallaigh. He did a Whereas Huntington’s Disease affects By Mrs. FEINSTEIN (for herself, masterful job of guiding the discus- 30,000 patients and 200,000 genetically ‘‘at Mr. LEAHY, Mr. CARDIN, Mr. sions to a successful conclusion. risk’’ individuals in the United States; SANDERS, Mr. FEINGOLD, and There are some who have dismissed Whereas, since the discovery of the gene Mr. BROWN): this effort as a ‘‘feel good’’ exercise, that causes Huntington’s Disease in 1993, the S.J. Res. 37. A joint resolution ex- since it does not have the support of pace of Huntington’s Disease research has pressing the sense of Congress that the the United States and other major accelerated; Whereas, although no effective treatment United States should sign the Declara- powers such as Russia, China, Paki- stan, India and Israel. These are the or cure currently exists, scientists and re- tion of the Oslo Conference on Cluster searchers are hopeful that breakthroughs Munitions and future instruments ban- same critics of the Ottawa treaty ban- will be forthcoming; ning cluster munitions that cause ning antipersonnel landmines, which Whereas researchers across the Nation are unaccapetable harm to civilians; to the the U.S. and the other countries I conducting important research projects in- Committee on Foreign Relations. named have also refused to sign. But volving Huntington’s Disease; and Mr. LEAHY. Mr. President, I am that treaty has dramatically reduced Whereas the Senate is an institution that pleased to join with my friend from the number of landmines produced, can raise awareness in the general public and the medical community of Huntington’s Dis- California, Senator FEINSTEIN, in spon- used, sold and stockpiled, and the num- ber of mine victims has fallen sharply. ease: Now, therefore, be it soring this joint resolution calling on Resolved, That the Senate— the administration to sign the Conven- Any government that contemplates (1) designates June 6, 2008, as ‘‘National tion on Cluster Munitions when it is using landmines today does so knowing Huntington’s Disease Awareness Day’’; open for signature in December. that it will be condemned by the inter- (2) recognizes that all people of the United This treaty is the product of a year national community. I suspect it is States should become more informed and of negotiations among many of our only a matter of time before the same aware of Huntington’s Disease; and closest allies and other nations that is true for cluster munitions. (3) respectfully requests the Secretary of The administration insists that the the Senate to transmit a copy of this resolu- came together to prohibit the use of tion to the Huntington’s Disease Society of cluster munitions that cause unaccept- Convention on Certain Conventional Weapons, known as the CCW, is the America. able harm to civilians. f I regret that the United States did right place to negotiate limits on clus- not participate in the negotiations. ter munitions because all countries are SENATE CONCURRENT RESOLU- The Pentagon continues to insist that represented. I don’t doubt their inten- TION 86—EXPRESSING THE cluster munitions are necessary, but tions, but it is what they said about SENSE OF CONGRESS THAT THE the country with the world’s most pow- landmines, and nothing happened be- UNITED STATES, THROUGH THE erful military should not be on the cause Russia and China were opposed. INTERNATIONAL WHALING COM- sidelines while others are trying to The same is likely for cluster muni- MISSION, SHOULD USE ALL AP- protect the lives and limbs of civilians tions. It is a way to make it appear as PROPRIATION MEASURES TO in war. if you are doing something, when you END COMMERCIAL WHALING IN Any weapon, whether cluster muni- are not. ALL OF ITS FORMS AND SEEK tions, landmines or even poison gas, It is important to note that the U.S. TO STRENGTHEN MEASURES TO has some military utility. But anyone today has the technological ability to CONSERVE WHALE SPECIES who has seen the indiscriminate devas- produce cluster munitions that would Mr. KERRY (for himself and Mrs. not be prohibited by the treaty. What tation cluster munitions cause over a BOXER) submitted the following con- wide area understands the unaccept- is lacking is the political will to ex- current resolution; which was referred able threat they pose for civilians. pend the necessary resources. There is to the Committee on Foreign Rela- These are not the laser guided weapons no other excuse for continuing to use tions: cluster munitions that cause unaccept- that were shown destroying their tar- S. CON. RES. 86 gets during the invasion of Baghdad. able harm to civilians. Finally, I want to thank Senator Whereas 78 countries have adopted the And there is the insidious problem of International Convention for the Regulation FEINSTEIN who has shown a real pas- cluster munitions that do not explode of Whaling, signed at Washington December sion for this issue and has sought every as designed, and remain as active duds, 2, 1946 (TIAS 1849) (in this preamble referred opportunity to protect civilians from like landmines, until they are trig- to as the ‘‘Convention’’), which established these weapons. the International Whaling Commission (in gered by whoever comes into contact f this preamble referred to as the ‘‘Commis- with them. Often it is an unsuspecting sion’’) to provide for the conservation of child, or a farmer. SUBMITTED RESOLUTIONS whale stocks; This resolution follows an amend- Whereas the Commission has adopted a ment I sponsored which prohibits U.S. moratorium on commercial whaling in order sales and exports of cluster munitions SENATE RESOLUTION 581—DESIG- to conserve and promote the recovery of that do not meet strict criteria, which NATING JUNE 6, 2008, AS ‘‘NA- whale stocks, many of which had been hunt- became law as part of the Consolidated TIONAL HUNTINGTON’S DISEASE ed to near extinction by the whaling indus- Appropriations Act, 2008. These criteria AWARENESS DAY’’ try; Whereas the United States was instru- are no different from what the Pen- Mr. INHOFE (for himself and Mr. mental in the adoption of the moratorium tagon set for itself 7 years ago for new DODD) submitted the following resolu- and has led international efforts to address procurements of cluster munitions, ap- tion; which was considered and agreed the threat posed by commercial whaling for plied also to those in existing U.S. to: more than 3 decades;

VerDate Aug 31 2005 06:22 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.047 S03JNPT1 jbell on PROD1PC69 with SENATE S4974 CONGRESSIONAL RECORD — SENATE June 3, 2008 Whereas, despite the moratorium, 3 coun- greenhouse gases, and for other pur- Strike the table that appears on page 203 tries that are parties to the Convention con- poses; which was ordered to lie on the after line 2 and insert the following: tinue to kill whales for financial gain, dis- table; as follows: regarding the protests of other parties; Percentage for Whereas those 3 countries have killed more Strike the table that appears on page 162 auction for than 25,000 whales since the moratorium en- after line 17 and insert the following: Calendar year Climate tered into force, including more than 11,000 Change Con- whales killed under the guise of scientific re- sumer Assist- Percentage for ance Fund search; auction for Whereas whaling conducted for scientific Climate purposes has been found to be unnecessary Calendar year Change Work- 2012 ...... 15 .25 by the majority of the world’s cetacean sci- er Training 2013 ...... 15 .5 entists because nonlethal research alter- and Assistance 2014 ...... 15 .5 natives exist; Fund 2015 ...... 15 .75 Whereas the parties to the Convention 2016 ...... 16 2012 ...... 3 have adopted numerous resolutions opposing 2017 ...... 16.25 2013 ...... 3 and calling for an end to so-called scientific 2018 ...... 15 .75 2014 ...... 3 whaling, most recently in 2007 at the annual 2019 ...... 16.75 2015 ...... 3 Commission meeting in Anchorage, Alaska; 2020 ...... 16.75 2016 ...... 2 .5 Whereas commercial whaling in any form, 2021 ...... 16.75 2017 ...... 2 .5 including special permit whaling and any 2022 ...... 16.75 2018 ...... 2 .5 coastal or community-based whaling, under- 2023 ...... 16.75 2019 ...... 2 .5 mines the conservation mandate of the Con- 2024 ...... 16.75 2020 ...... 2 .5 vention and impairs the Commission’s abil- 2025 ...... 16.75 2021 ...... 3 ity to function effectively; 2026 ...... 16.75 2022 ...... 3 Whereas all coastal whaling is commercial, 2027 ...... 16.75 2023 ...... 3 unless conducted under the aboriginal ex- 2028 ...... 16.75 2024 ...... 3 emption to the moratorium on commercial 2029 ...... 16.75 2025 ...... 3 whaling; and 2030 ...... 17 .75 2026 ...... 2 Whereas the majority of the people of the 2031 ...... 18 2027 ...... 2 United States oppose the killing of whales 2032 ...... 18 2028 ...... 3 for commercial purposes and expect the 2033 ...... 18 2029 ...... 3 United States to use all available means to 2034 ...... 19 2030 ...... 3 end such killing: Now, therefore, be it 2035 ...... 19 2031 ...... 4 Resolved by the Senate (the House of Rep- 2036 ...... 19 2032 ...... 4 resentatives concurring), That it is the sense 2037 ...... 19 2033 ...... 4 of Congress that the United States, through 2038 ...... 19 2034 ...... 4 the International Whaling Commission, 2039 ...... 19 2035 ...... 4 should— 2040 ...... 19 2036 ...... 4 (1) use all appropriate measures to end 2041 ...... 19 2037 ...... 4 commercial whaling in any form, including 2042 ...... 19 2038 ...... 4 so-called scientific whaling; 2043 ...... 19 2039 ...... 3 (2) oppose any initiative that would re- 2044 ...... 19 2040 ...... 3 sult in any new, Commission-sanctioned 2045 ...... 19 2041 ...... 3 coastal or community-based whale hunting, 2046 ...... 19 2042 ...... 3 even if the whale hunting is portrayed as 2047 ...... 19 2043 ...... 3 noncommercial and including any commer- 2048 ...... 19 2044 ...... 3 cial whaling by coastal communities that 2049 ...... 19 2045 ...... 3 does not qualify as aboriginal subsistence 2050 ...... 19 . 2046 ...... 3 whaling; and 2047 ...... 3 (3) seek to strengthen conservation and On page 204, between lines 2 and 3, insert 2048 ...... 3 management measures to facilitate the con- the following: 2049 ...... 3 servation of whale species. SEC. 584. USE OF FUNDS. 2050 ...... 3 . f (a) IN GENERAL.—Subject to section 585, of amounts deposited in the Climate Change AMENDMENTS SUBMITTED AND Strike the table that appears on page 193 Consumer Assistance Fund under section 583, PROPOSED before line 1 and insert the following: the Administrator shall use— (1) of the proceeds from the auction of the SA 4822. Mr. WHITEHOUSE submitted an Percentage for initial 14 percent of the percentage of emis- amendment intended to be proposed by him distribution sion allowances auctioned under section 582 to the bill S. 3036, to direct the Adminis- Calendar year among fossil fuel- for each calendar year— trator of the Environmental Protection fired electricity (A) not less than 50 percent to provide as- Agency to establish a program to decrease generators in sistance to low-income households under the United States emissions of greenhouse gases, and for other program described in subsection (b); and purposes; which was ordered to lie on the (B) not less than 50 percent to provide an 2012 ...... 13 table. earned income tax credit in accordance with 2013 ...... 13 SA 4823. Mr. WHITEHOUSE submitted an subsection (c); and 2014 ...... 13 amendment intended to be proposed by him (2) the remaining proceeds from auctions 2015 ...... 13 to the bill S. 3036, supra; which was ordered under section 582 to carry out other tax ini- 2016 ...... 12 .75 to lie on the table. tiatives to protect consumers, especially 2017 ...... 12 .5 SA 4824. Mrs. BOXER (for Mr. AKAKA (for consumers in greatest need, from increases 2018 ...... 12 .25 himself and Mr. BURR)) proposed an amend- in energy and other costs as a result of this 2019 ...... 11 .25 ment to the bill S. 2162, to improve the treat- Act in accordance with subsection (d). 2020 ...... 10 ment and services provided by the Depart- ROGRAM FOR OFFSETTING IMPACTS ON 2021 ...... 8 .5 (b) P ment of Veterans Affairs to veterans with LOWER-INCOME AMERICANS.— 2022 ...... 7 .25 post-traumatic stress disorder and substance (1) DEFINITIONS.—In this subsection: 2023 ...... 6.25 use disorders, and for other purposes. (A) ADMINISTRATOR.—The term ‘‘Adminis- 2024 ...... 6 trator’’ means— f 2025 ...... 5 .75 (i) the Administrator of the Environmental 2026 ...... 3 .75 TEXT OF AMENDMENTS Protection Agency; or 2027 ...... 3 .5 (ii) the head of a Federal agency des- SA 4822. Mr. WHITEHOUSE sub- 2028 ...... 3 .25 ignated by the Administrator for the pur- 2029 ...... 3 mitted an amendment intended to be poses of this subsection. 2030 ...... 2 .75. proposed by him to the bill S. 3036, to (B) ELDERLY OR DISABLED MEMBER.—The direct the Administrator of the Envi- term ‘‘elderly or disabled member’’ has the ronmental Protection Agency to estab- Beginning on page 196, strike line 18 and meaning given the term in section 3 of the lish a program to decrease emissions of all that follows through page 201, line 17. Food Stamp Act of 1977 (7 U.S.C. 2012).

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(C) GROSS INCOME.—The term ‘‘gross in- not exceed the amount described in sub- (C) TREATMENT.— come’’ means the gross income of a house- section (a)(1). (i) NOT INCOME OR RESOURCES.—The value hold that is determined in accordance with (iii) SHORTAGE.—If the amount described in of a rebate provided under the Program shall standards and procedures established under subsection (a)(4) is inadequate to provide not be considered to be income or a resource section 5 of the Food Stamp Act of 1977 (7 monthly rebates to all eligible households, for any purpose under any Federal, State, or U.S.C. 2014). the Administrator shall devise an equitable local law, including laws relating to an in- (D) HOUSEHOLD.—The term ‘‘household’’ proration to ensure that all eligible house- come tax, public assistance programs (such means— holds receive the same portion of the full re- as health care, cash aid, child care, nutrition (i) an individual who lives alone; or bate the eligible households would have been programs, and housing assistance). (ii) a group of individuals who live to- eligible to receive if adequate funds had been (ii) ACTION BY STATE AND LOCAL GOVERN- gether. provided MENTS.—No State or local government a resi- (E) POVERTY LINE.—The term ‘‘poverty (B) METHOD OF CALCULATION.—With respect dent of which receives a rebate under the line’’ has the meaning given the term in sec- to the calculation of a monthly rebate under Program shall decrease any assistance that tion 673(2) of the Community Services Block this paragraph— would otherwise be provided to the resident Grant Act (42 U.S.C. 9902(2)), including any (i) the maximum monthly rebate provided because of receipt of the rebate. revision required by that section. to a household during any calendar year (c) SENSE OF CONGRESS REGARDING EARNED (F) PROGRAM.—The term ‘‘Program’’ means shall be equal to 1⁄12 of the projected average INCOME TAX CREDIT.—It is the sense of Con- the Climate Change Rebate Program estab- annual increase in the costs of goods and gress that— lished under paragraph (2). services for that calendar year that results (1) the proceeds from the auction of not (G) STATE.—The term ‘‘State’’ means— from the regulation of greenhouse gas emis- less than 7 percent of the total quantity of (i) each of the several States of the United sions under this Act, taking into consider- emission allowances auctioned for each cal- States; ation— endar year should be used to enhance the (ii) the District of Columbia; (I) the size of the household; and earned income tax credit under section 32 of (iii) the Commonwealth of Puerto Rico; (II) direct and indirect energy costs for the Internal Revenue Code of 1986 to assist (iv) Guam; consumers in the lowest-income quintile lower-income workers to afford the energy- (v) American Samoa; that is affected by the regulation of green- related costs associated with the regulation (vi) the Commonwealth of the Northern house gas emissions, net of the effect of any of greenhouse gas emissions; and Mariana Islands; and projected increase in Federal benefits result- (2) the Administrator should structure the (vii) the United States Virgin Islands. ing from higher cost-of-living adjustments Climate Change Rebate Program under sub- (H) STATE AGENCY.— based on higher energy-related costs; section (b) in a manner than ensures that the (i) IN GENERAL.—The term ‘‘State agency’’ (ii) each quintile referred to in clause program phases out for eligible households means an agency of State government that (i)(II) shall— that receive an enhanced earned income tax has responsibility for the administration of 1 (I) be based on income adjusted to account credit as described in this section. or more federally aided public assistance for household size; and (d) SENSE OF CONGRESS REGARDING ADDI- programs within the State. (II) represent an equal number of individ- TIONAL TAX POLICIES.—It is the sense of Con- (ii) INCLUSIONS.—The term ‘‘State agency’’ uals; and gress that any additional amounts in the Cli- includes— (iii) the amount shall be adjusted by house- mate Change Consumer Assistance Fund (I) a local office of a State agency de- hold size, except that the same maximum re- should be used to fund other tax initiatives scribed in clause (i); and bate shall be— to protect consumers, especially consumers (II) in a case in which federally aided pub- (I) provided to households of 5 or more in- in greatest need, from increases in energy lic assistance programs of a State are oper- dividuals; and and other costs as a result of this Act. ated on a decentralized basis, a counterpart (II) based on the average cost increases for On page 204, line 3, strike ‘‘584’’ and insert local agency that administers 1 or more of households of 5 or more individuals. ‘‘585’’. On page 204, strike lines 8 through 14. those programs. (C) GREATER THAN 130 PERCENT OF POVERTY On page 205, line 4, strike ‘‘9.5’’ and insert (2) CLIMATE CHANGE REBATE PROGRAM.—The LINE.—A household with a gross income that ‘‘5.5’’. Administrator shall establish and carry out is greater than 130 percent of the poverty On page 205, line 17, strike ‘‘9.75’’ and in- a program, to be known as the ‘‘Climate line shall not be eligible for a monthly re- sert ‘‘5.75’’. Change Rebate Program’’, under which, at bate under this subsection. On page 206, line 6, strike ‘‘10’’ and insert the request of a State agency, eligible low- (5) DELIVERY MECHANISM.—An eligible ‘‘6’’. income households within the State shall be household shall receive a rebate through an Beginning on page 207, strike line 22 and provided an opportunity to receive com- electronic benefit transfer or direct deposit all that follows through page 213, line 8. pensation, through the issuance of a month- into a bank account designated by the eligi- On page 213, line 9, strike ‘‘(d)’’ and insert ly rebate, for use in paying certain increased ble household. ‘‘(c)’’. energy-related costs resulting from the regu- (6) ADMINISTRATION.— Beginning on page 214, strike line 1 and all lation of greenhouse gas emissions under (A) IN GENERAL.—The State agency of each that follows through 215, line 9, and insert this Act. participating State shall assume responsi- the following: (3) ELIGIBILITY.—The Administrator shall bility for— (i) to fund cost-effective energy efficiency limit participation in the Program to— (i) the certification of households applying and demand response programs for all fuels (A) households that the applicable State for monthly rebates under this subsection; and energy types or in customer-located re- agency determines meet the gross income and newable energy supply in the residential, test and the asset test standards described in (ii) the issuance, control, and account- commercial, and industrial sectors under the section 5 of the Food Stamp Act of 1977 (7 ability of those rebates. oversight of the regulatory agencies of local U.S.C. 2014); and (B) REIMBURSEMENT OF ADMINISTRATIVE distribution companies, with significant (B) households that do not meet those COSTS.— funding for low-income programs that, in standards, but that include 1 or more indi- (i) IN GENERAL.—Subject to such standards combination with other provisions of this viduals who meet the standards described in as shall be established by the Administrator, Act, shall be designed to prevent energy bill section 1860D–14 of the Social Security Act the Administrator shall reimburse each increases for low-income customers associ- (42 U.S.C. 1395w–114). State agency for a portion, as described in ated with this Act; (C) LIMITATION.—The Administrator shall clauses (ii) and (iii), of the administrative (ii) if a local distribution company does establish additional eligibility criteria to en- costs involved in the operation by the State not administer energy efficiency programs sure that— agency of the Program. under the supervision of a regulatory agen- (i) only United States citizens, United (ii) INITIAL 3 YEARS.—During the first 3 fis- cy, for provision by the local distribution States nationals, and lawfully residing im- cal years of operation of the Program, the company to the appropriate State energy of- migrants are eligible to receive a rebate Administrator shall reimburse each State ficer, regulatory agency, or third-party se- under the Program; and agency for— lected by the regulatory agency for use in (ii) each household does not receive more (I) 75 percent of the administrative costs of accordance with this section; and than 1 rebate per month under the Program. delivering monthly rebates under this sub- (iii) during the 5-year period beginning on (4) MONTHLY REBATE AMOUNT.— section; and the date of enactment of this Act, if infra- (A) ESTABLISHMENT.— (II) 75 percent of any automated data proc- structure and vendors are not available to (i) IN GENERAL.—The rebate available essing improvements or electronic benefit cost-effectively implement expanded pro- under the Program for each month of a cal- transfer contract amendments that are nec- grams, to provide limited rebates for cus- endar year shall be established by the En- essary to provide the monthly rebates. tomers, especially low-income customers, if ergy Information Administration, in con- (iii) SUBSEQUENT YEARS.—During the appropriate. sultation with other appropriate Federal fourth and subsequent years of operation of (B) STATEMENT OF ENCOURAGEMENT.—In agencies, by not later than October 1 of the the Program, the Administrator shall reim- carrying out programs under subparagraph preceding calendar year. burse each State agency for 50 percent of all (A), local distribution entities are encour- (ii) LIMITATION.—The aggregate amount of administrative costs of delivering the aged to give first priority to lowest-income rebates distributed in any given year shall monthly rebates under this subsection. customers.

VerDate Aug 31 2005 04:45 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.058 S03JNPT1 jbell on PROD1PC69 with SENATE S4976 CONGRESSIONAL RECORD — SENATE June 3, 2008 On page 216, strike lines 8 through 14, and cation to carry out the purposes of this sec- TITLE IV—MENTAL HEALTH insert the following: tion. ACCESSIBILITY ENHANCEMENTS (C)(i) how, and to what extent, the local (2) APPLICATION.—An institution of higher Sec. 401. Pilot program on peer outreach and distribution company used the proceeds of education seeking to operate an institute support for veterans and use of the sale of emission allowances, including under this section shall submit an applica- community mental health cen- the amount of the proceeds directed to each tion to the Administrator at such time, in ters and Indian Health Service consumer class covered in the form of re- such manner, and containing such informa- facilities. bates, energy efficiency, demand response, tion as the Administrator may reasonably TITLE V—MENTAL HEALTH RESEARCH and distributed generation; and require. (ii) the benefits of the programs described (d) SCHEDULE.—The Administrator shall— Sec. 501. Research program on comorbid in clause (i) with respect to energy and ca- (1) accept applications for grants under post-traumatic stress disorder pacity savings and energy generation, using this section beginning not later than 9 and substance use disorders. a consistent format and methodology to be months after the date of the enactment of Sec. 502. Extension of authorization for Spe- developed by the Administrator. this Act; and cial Committee on Post-Trau- Beginning on page 216, strike line 19 and (2) award all of the grants authorized under matic Stress Disorder. all that follows through page 217, line 4. this section not later than 90 days after the TITLE VI—ASSISTANCE FOR FAMILIES Strike the table that appears on page 280 first day on which applications are accepted. OF VETERANS after line 12 and insert the following: (e) OBJECTIVES.—The Institutes for Ocean Sec. 601. Clarification of authority of Sec- and Coastal Adaptation shall be centers of retary of Veterans Affairs to Percentage for excellence that— provide mental health services Calendar year allocation to (1) document and predict coastal and ocean to families of veterans. Early Action effects of climate change; and Sec. 602. Pilot program on provision of read- Program (2) serve as a principal national and inter- justment and transition assist- national resource for providing technical ex- ance to veterans and their fam- 2012 ...... 3 pertise on adaptation strategies for ocean ilies in cooperation with Vet 2013 ...... 3 and coastal areas to respond to climate Centers. 2014 ...... 3 change. 2015 ...... 2 TITLE VII—HOMELESS VETERANS (f) AUTHORIZATION OF APPROPRIATIONS.— MATTERS 2016 ...... 1 .5 There are authorized to be appropriated such 2017 ...... 1 .5 sums as may be necessary to carry out this Sec. 701. Repeal of authority for adjust- 2018 ...... 0 .5 section. ments to per diem payments to 2019 ...... 0 .5 homeless veterans service cen- 2020 ...... 0 .5 SA 4824. Mrs. BOXER (for Mr. AKAKA ters for receipt of other sources of income. 2021 ...... 0 (for himself and Mr. BURR)) proposed Sec. 702. Expansion and extension of author- 2022 ...... 0 an amendment to the bill S. 2162, to 2023 ...... 0 ity for program of referral and 2024 ...... 0 improve the treatment and services counseling services for at-risk 2025 ...... 0 . provided by the Department of Vet- veterans transitioning from erans Affairs to veterans with post- certain institutions. traumatic stress disorder and sub- Sec. 703. Availability of grant funds to serv- SA 4823 Mr. WHITEHOUSE sub- stance use disorders, and for other pur- ice centers for personnel. mitted an amendment intended to be poses; as follows: Sec. 704. Permanent authority for domi- proposed by him to the bill S. 3036, to ciliary services for homeless direct the Administrator of the Envi- Strike all after the enacting clause and in- veterans and enhancement of ronmental Protection Agency to estab- sert the following: capacity of domiciliary care lish a program to decrease emissions of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. programs for female veterans. (a) SHORT TITLE.—This Act may be cited as Sec. 705. Financial assistance for supportive greenhouse gases, and for other pur- the ‘‘Veterans’ Mental Health and Other poses; which was ordered to lie on the services for very low-income Care Improvements Act of 2008’’. veteran families in permanent table; as follows: (b) TABLE OF CONTENTS.—The table of con- housing. tents for this Act is as follows: At the appropriate place, insert the fol- SEC. 2. REFERENCES TO TITLE 38, UNITED lowing: Sec. 1. Short title; table of contents. STATES CODE. SEC. ll. INSTITUTES FOR OCEAN AND COASTAL Sec. 2. References to title 38, United States Except as otherwise expressly provided, ADAPTATION. Code. whenever in this Act an amendment or re- (a) ESTABLISHMENT.—The Administrator of TITLE I—HEALTH CARE MATTERS peal is expressed in terms of an amendment the National Oceanic and Atmospheric Ad- Sec. 101. Veterans beneficiary travel pro- to, or repeal of, a section or other provision, ministration shall establish 4 regional insti- gram. the reference shall be considered to be made tutes, to be known as ‘‘Institutes for Ocean Sec. 102. Mandatory reimbursement of vet- to a section or other provision of title 38, and Coastal Adaptation’’, at institutions of erans receiving emergency United States Code. higher education in the United States for re- treatment in non-Department search, planning, and related efforts to as- TITLE I—HEALTH CARE MATTERS of Veterans Affairs facilities sess and prepare for the impacts of climate SEC. 101. VETERANS BENEFICIARY TRAVEL PRO- until transfer to Department change on ocean and coastal areas, including GRAM. facilities. the Great Lakes. (a) REPEAL OF REQUIREMENT TO ADJUST Sec. 103. Epilepsy centers of excellence. (b) LOCATION.—The Administrator shall Sec. 104. Establishment of qualifications for AMOUNTS DEDUCTED FROM PAYMENTS OR AL- designate the location of 1 of the regional in- peer specialist appointees. LOWANCES FOR BENEFICIARY TRAVEL.— stitutes established under subsection (a) at (1) IN GENERAL.—Section 111(c) is amend- an institution of higher education in each of TITLE II—PAIN CARE ed— the following regions: Sec. 201. Comprehensive policy on pain man- (A) by striking paragraph (5); and (1) The Northeast Region, which shall in- agement. (B) in paragraph (2), by striking ‘‘, except clude Connecticut, Delaware, Maine, Mary- TITLE III—SUBSTANCE USE DISORDERS as provided in paragraph (5) of this sub- land, Massachusetts, New Hampshire, New AND MENTAL HEALTH CARE section,’’. Jersey, New York, Rhode Island, and Sec. 301. Findings on substance use disorders (2) REINSTATEMENT OF AMOUNT OF DEDUC- Vermont. and mental health. TION SPECIFIED BY STATUTE.—Notwith- (2) The Southeast and Gulf Coast Region, Sec. 302. Expansion of substance use dis- standing any adjustment made by the Sec- which shall include Alabama, Florida, Geor- order treatment services pro- retary of Veterans Affairs under paragraph gia, Louisiana, Mississippi, North Carolina, vided by Department of Vet- (5) of section 111(c) of title 38, United States Puerto Rico, South Carolina, Texas, Vir- erans Affairs. Code, as such paragraph was in effect before ginia, and the Virgin Islands. Sec. 303. Care for veterans with mental the date of the enactment of this Act, the (3) The Western/Pacific Region, which shall health and substance use dis- amount deducted under paragraph (1) of such include Alaska, American Samoa, California, orders. section 111(c) on or after such date shall be Guam, Hawaii, the Northern Mariana Is- Sec. 304. National centers of excellence on the amount specified in such paragraph. lands, Oregon, and Washington. post-traumatic stress disorder (b) DETERMINATION OF MILEAGE REIMBURSE- (4) The Great Lakes Region, which shall in- and substance use disorders. MENT RATE.—Section 111(g) is amended— clude Illinois, Indiana, Michigan, Minnesota, Sec. 305. Report on residential mental (1) by amending paragraph (1) to read as and Ohio, and Wisconsin. health care facilities of the follows: (c) GRANTS AUTHORIZED.— Veterans Health Administra- ‘‘(1) Subject to paragraph (3), in deter- (1) IN GENERAL.—The Administrator shall tion. mining the amount of allowances or reim- award grants to 4 institutions of higher edu- Sec. 306. Tribute to Justin Bailey. bursement to be paid under this section, the

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.058 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4977 Secretary shall use the mileage reimburse- such emergency treatment was rendered to Under Secretary for Health and shall submit ment rate for the use of privately owned ve- such veterans in need thereof for any of the its views on the relative scientific and clin- hicles by Government employees on official following: ical merit of each such proposal to the Under business (when a Government vehicle is ‘‘(1) An adjudicated service-connected dis- Secretary. available), as prescribed by the Adminis- ability. ‘‘(4) The peer review panel shall not be sub- trator of General Services under section ‘‘(2) A non-service-connected disability as- ject to the Federal Advisory Committee Act. 5707(b) of title 5.’’; sociated with and held to be aggravating a ‘‘(d) EPILEPSY CENTER OF EXCELLENCE DE- (2) by striking paragraphs (3) and (4); and service-connected disability. FINED.—In this section, the term ‘epilepsy (3) by inserting after paragraph (2) the fol- ‘‘(3) Any disability of a veteran if the vet- center of excellence’ means a Department lowing new paragraph (3): eran has a total disability permanent in na- health-care facility that has (or in the fore- ‘‘(3) Subject to the availability of appro- ture from a service-connected disability. seeable future can develop) the necessary ca- priations, the Secretary may modify the ‘‘(4) Any illness, injury, or dental condition pacity to function as a center of excellence amount of allowances or reimbursement to of a veteran who— in research, education, and clinical care ac- be paid under this section using a mileage re- ‘‘(A) is a participant in a vocational reha- tivities in the diagnosis and treatment of imbursement rate in excess of that pre- bilitation program (as defined in section epilepsy and has (or may reasonably be an- scribed under paragraph (1).’’. 3101(9) of this title); and ticipated to develop) each of the following: (c) REPORT.—Not later than 14 months ‘‘(B) is medically determined to have been ‘‘(1) An affiliation with an accredited med- after the date of the enactment of this Act, in need of care or treatment to make pos- ical school that provides education and the Secretary of Veterans Affairs shall sub- sible the veteran’s entrance into a course of training in neurology, including an arrange- mit to the Committee on Veterans’ Affairs of training, or prevent interruption of a course ment with such school under which medical the Senate and the Committee on Veterans’ of training, or hasten the return to a course residents receive education and training in Affairs of the House of Representatives a re- of training which was interrupted because of the diagnosis and treatment of epilepsy (in- port containing an estimate of the additional such illness, injury, or dental condition.’’; cluding neurosurgery). costs incurred by the Department of Vet- (2) in subsection (b), by striking ‘‘care or ‘‘(2) The ability to attract the participa- erans Affairs because of this section, includ- services’’ both places it appears and insert- tion of scientists who are capable of inge- ing— ing ‘‘emergency treatment’’; and nuity and creativity in health-care research (1) any costs resulting from increased utili- (3) by adding at the end the following new efforts. zation of healthcare services by veterans eli- subsection: gible for travel allowances or reimburse- ‘‘(c) In this section, the term ‘emergency ‘‘(3) An advisory committee composed of ments under section 111 of title 38, United treatment’ has the meaning given such term veterans and appropriate health-care and re- States Code; and in section 1725(f)(1) of this title.’’. search representatives of the facility and of the affiliated school or schools to advise the (2) the additional costs that would be in- SEC. 103. EPILEPSY CENTERS OF EXCELLENCE. directors of such facility and such center on curred by the Department should the Sec- (a) IN GENERAL.—Subchapter II of chapter policy matters pertaining to the activities of retary exercise the authority described in 73 is amended by adding at the end the fol- the center during the period of the operation subsection (g)(3) of such section. lowing new section: of such center. (d) EFFECTIVE DATE.—The amendments ‘‘§ 7330A. Epilepsy centers of excellence made by this section shall apply with respect ‘‘(4) The capability to conduct effectively to travel expenses incurred after the expira- ‘‘(a) ESTABLISHMENT OF CENTERS.—(1) Not evaluations of the activities of such center. tion of the 90-day period that begins on the later than 120 days after the date of the en- ‘‘(5) The capability to coordinate (as part date of the enactment of this Act. actment of this section, the Secretary shall, of an integrated national system) education, upon the recommendation of the Under Sec- clinical care, and research activities within SEC. 102. MANDATORY REIMBURSEMENT OF VET- retary for Health, designate not less than six ERANS RECEIVING EMERGENCY all facilities with such centers. TREATMENT IN NON-DEPARTMENT Department health-care facilities as the lo- ‘‘(6) The capability to develop jointly a na- OF VETERANS AFFAIRS FACILITIES cations for epilepsy centers of excellence. tional consortium of providers with interest UNTIL TRANSFER TO DEPARTMENT ‘‘(2) Subject to the availability of appro- in treating epilepsy at Department health- FACILITIES. priations for such purpose, the Secretary care facilities lacking such centers in order (a) CERTAIN VETERANS WITHOUT SERVICE- shall establish and operate epilepsy centers to ensure better access to state-of-the-art di- CONNECTED DISABILITY.—Section 1725 is of excellence at the locations designated pur- agnosis, research, clinical care, and edu- amended— suant to paragraph (1). cation for traumatic brain injury and epi- (1) in subsection (a)(1), by striking ‘‘may ‘‘(b) DESIGNATION OF FACILITIES.—(1) The lepsy throughout the health-care system of reimburse’’ and inserting ‘‘shall reimburse’’; Secretary may not designate a Department the Department. Such consortium should in- and health-care facility as a location for an epi- clude a designated epilepsy referral clinic in (2) in subsection (f)(1), by striking subpara- lepsy center of excellence under subsection each Veterans Integrated Service Network. graph (C) and inserting the following new (a)(1) unless the peer review panel estab- ‘‘(7) The capability to assist in the expan- subparagraph (C): lished under subsection (c) has determined sion of the Department’s use of information ‘‘(C) until— under that subsection that the proposal sub- systems and databases to improve the qual- ‘‘(i) such time as the veteran can be trans- mitted by such facility seeking designation ity and delivery of care for veterans enrolled ferred safely to a Department facility or as a location for an epilepsy center of excel- within the Department’s health care system. other Federal facility and such facility is ca- lence is among those proposals that meet the ‘‘(8) The capability to assist in the expan- pable of accepting such transfer; or highest competitive standards of scientific sion of the Department telehealth program ‘‘(ii) such time as a Department facility or and clinical merit. to develop, transmit, monitor, and review other Federal facility accepts such transfer ‘‘(2) In choosing from among the facilities neurological diagnostic tests. if— meeting the requirements of paragraph (1), ‘‘(I) at the time the veteran could have the Secretary shall also consider appropriate ‘‘(9) The ability to perform epilepsy re- been transferred safely to a Department fa- geographic distribution when designating search, education, and clinical care activi- cility or other Federal facility, no Depart- the epilepsy centers of excellence under sub- ties in collaboration with Department med- ment facility or other Federal facility section (a)(1). ical facilities that have centers for research, education, and clinical care activities on agreed to accept such transfer; and ‘‘(c) PEER REVIEW PANEL.—(1) The Under ‘‘(II) the non-Department facility in which Secretary for Health shall establish a peer complex multi-trauma associated with com- such medical care or services was furnished review panel to assess the scientific and clin- bat injuries established under section 7327 of made and documented reasonable attempts ical merit of proposals that are submitted to this title. to transfer the veteran to a Department fa- the Secretary for the designation of epilepsy ‘‘(e) NATIONAL COORDINATOR FOR EPILEPSY cility or other Federal facility.’’. centers of excellence under this section. PROGRAMS.—(1) To assist the Secretary and (b) CERTAIN VETERANS WITH SERVICE-CON- ‘‘(2)(A) The membership of the peer review the Under Secretary for Health in carrying NECTED DISABILITY.—Section 1728 is amend- panel shall consist of experts on epilepsy, in- out this section, the Secretary shall des- ed— cluding post-traumatic epilepsy. ignate an individual in the Veterans Health (1) by striking subsection (a) and inserting ‘‘(B) Members of the peer review panel Administration to act as a national coordi- the following new subsection (a): shall serve for a period of no longer than two nator for epilepsy programs of the Veterans ‘‘(a) The Secretary shall, under such regu- years, except as specified in subparagraph Health Administration. lations as the Secretary prescribes, reim- (C). ‘‘(2) The duties of the national coordinator burse veterans eligible for hospital care or ‘‘(C) Of the members first appointed to the for epilepsy programs shall include the fol- medical services under this chapter for the panel, one half shall be appointed for a pe- lowing: customary and usual charges of emergency riod of three years and one half shall be ap- ‘‘(A) To supervise the operation of the cen- treatment (including travel and incidental pointed for a period of two years, as des- ters established pursuant to this section. expenses under the terms and conditions set ignated by the Under Secretary at the time ‘‘(B) To coordinate and support the na- forth in section 111 of this title) for which of appointment. tional consortium of providers with interest such veterans have made payment, from ‘‘(3) The peer review panel shall review in treating epilepsy at Department health- sources other than the Department, where each proposal submitted to the panel by the care facilities lacking such centers in order

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.051 S03JNPT1 jbell on PROD1PC69 with SENATE S4978 CONGRESSIONAL RECORD — SENATE June 3, 2008 to ensure better access to state-of-the-art di- TITLE II—PAIN CARE tion recognized by the Secretary for the rep- agnosis, research, clinical care, and edu- SEC. 201. COMPREHENSIVE POLICY ON PAIN resentation of veterans under section 5902 of cation for traumatic brain injury and epi- MANAGEMENT. title 38, United States Code. lepsy throughout the health-care system of (a) COMPREHENSIVE POLICY REQUIRED.—Not TITLE III—SUBSTANCE USE DISORDERS the Department. later than October 1, 2008, the Secretary of AND MENTAL HEALTH CARE ‘‘(C) To conduct regular evaluations of the Veterans Affairs shall develop and imple- epilepsy centers of excellence to ensure com- SEC. 301. FINDINGS ON SUBSTANCE USE DIS- ment a comprehensive policy on the manage- ORDERS AND MENTAL HEALTH. pliance with the requirements of this sec- ment of pain experienced by veterans en- Congress makes the following findings: tion. rolled for health care services provided by (1) More than 1,500,000 members of the ‘‘(3) In carrying out duties under this sub- the Department of Veterans Affairs. Armed Forces have been deployed in Oper- section, the national coordinator for epilepsy (b) SCOPE OF POLICY.—The policy required ation Iraqi Freedom and Operation Enduring programs shall report to the official of the by subsection (a) shall cover each of the fol- Freedom. The 2005 Department of Defense Veterans Health Administration responsible lowing: Survey of Health Related Behaviors Among for neurology. (1) The Department-wide management of Active Duty Personnel reports that 23 per- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— acute and chronic pain experienced by vet- cent of members of the Armed Forces on ac- (1) There are authorized to be appropriated erans. tive duty acknowledge a significant problem $6,000,000 for each of fiscal years 2009 through (2) The standard of care for pain manage- with alcohol use, with similar rates of ac- 2013 for the support of the clinical care, re- ment to be used throughout the Department. knowledged problems with alcohol use search, and education activities of the epi- (3) The consistent application of pain as- among members of the National Guard. lepsy centers of excellence established and sessments to be used throughout the Depart- (2) The effects of substance abuse are wide operated pursuant to subsection (a)(2). ment. ranging, including significantly increased ‘‘(2) There are authorized to be appro- (4) The assurance of prompt and appro- risk of suicide, exacerbation of mental and priated for each fiscal year after fiscal year priate pain care treatment and management physical health disorders, breakdown of fam- 2013 such sums as may be necessary for the by the Department, system-wide, when medi- ily support, and increased risk of unemploy- support of the clinical care, research, and cally necessary. ment and homelessness. education activities of the epilepsy centers (5) Department programs of research re- (3) While veterans suffering from mental of excellence established and operated pursu- lated to acute and chronic pain suffered by health conditions, chronic physical illness, ant to subsection (a)(2). veterans, including pain attributable to cen- and polytrauma may be at increased risk for ‘‘(3) The Secretary shall ensure that funds tral and peripheral nervous system damage development of a substance use disorder, for such centers are designated for the first characteristic of injuries incurred in modern treatment for these veterans is complicated three years of operation as a special purpose warfare. by the need to address adequately the phys- program for which funds are not allocated (6) Department programs of pain care edu- ical and mental symptoms associated with through the Veterans Equitable Resource Al- cation and training for health care personnel these conditions through appropriate med- location system. of the Department. ical intervention. ‘‘(4) In addition to amounts authorized to (7) Department programs of patient edu- (4) While the Veterans Health Administra- be appropriated under paragraphs (1) and (2) cation for veterans suffering from acute or tion has dramatically increased health serv- for a fiscal year, the Under Secretary for chronic pain and their families. ices for veterans from 1996 through 2006, the Health shall allocate to such centers from (c) UPDATES.—The Secretary shall revise number of veterans receiving specialized sub- other funds appropriated generally for the the policy required by subsection (a) on a stance abuse treatment services decreased 18 Department medical services account and periodic basis in accordance with experience percent during that time. No comparable de- medical and prosthetics research account, as and evolving best practice guidelines. crease in the national rate of substance appropriate, such amounts as the Under Sec- (d) CONSULTATION.—The Secretary shall de- abuse has been observed during that time. retary for Health determines appropriate. velop the policy required by subsection (a), (5) While some facilities of the Veterans ‘‘(5) In addition to amounts authorized to and revise such policy under subsection (c), Health Administration provide exemplary be appropriated under paragraphs (1) and (2) in consultation with veterans service organi- substance use disorder treatment services, for a fiscal year, there are authorized to be zations and other organizations with exper- the availability of such treatment services appropriated such sums as may be necessary tise in the assessment, diagnosis, treatment, throughout the health care system of the to fund the national coordinator established and management of pain. Veterans Health Administration is incon- by subsection (e).’’. (e) ANNUAL REPORT.— sistent. (b) CLERICAL AMENDMENT.—The table of (1) IN GENERAL.—Not later than 180 days (6) According to the Government Account- sections at the beginning of chapter 73 is after the date of the completion and initial ability Office, the Department of Veterans amended by inserting after the item relating implementation of the policy required by Affairs significantly reduced its substance to section 7330 the following new item: subsection (a) and on October 1 of every fis- use disorder treatment and rehabilitation ‘‘7330A. Epilepsy centers of excellence.’’. cal year thereafter through fiscal year 2018, services between 1996 and 2006, and has made SEC. 104. ESTABLISHMENT OF QUALIFICATIONS the Secretary shall submit to the Committee little progress since in restoring these serv- FOR PEER SPECIALIST APPOINTEES. on Veterans’ Affairs of the Senate and the ices to their pre-1996 levels. (a) IN GENERAL.—Section 7402(b) is amend- Committee on Veterans’ Affairs of the House SEC. 302. EXPANSION OF SUBSTANCE USE DIS- ed— of Representatives a report on the implemen- ORDER TREATMENT SERVICES PRO- (1) by redesignating the paragraph (11) re- tation of the policy required by subsection VIDED BY DEPARTMENT OF VET- lating to other health-care positions as para- (a). ERANS AFFAIRS. graph (14); and (2) CONTENTS.—The report required by (a) IN GENERAL.—The Secretary of Vet- (2) by inserting after paragraph (12) the fol- paragraph (1) shall include the following: erans Affairs shall ensure the provision of lowing new paragraph (13): (A) A description of the policy developed such services and treatment to each veteran ‘‘(13) PEER SPECIALIST.—To be eligible to and implemented under subsection (a) and enrolled in the health care system of the De- be appointed to a peer specialist position, a any revisions to such policy under sub- partment of Veterans Affairs who is in need person must— section (c). of services and treatments for a substance ‘‘(A) be a veteran who has recovered or is (B) A description of the performance meas- use disorder as follows: recovering from a mental health condition; ures used to determine the effectiveness of (1) Short term motivational counseling and such policy in improving pain care for vet- services. ‘‘(B) be certified by— erans system-wide. (2) Intensive outpatient or residential care ‘‘(i) a not-for-profit entity engaged in peer (C) An assessment of the adequacy of De- services. specialist training as having met such cri- partment pain management services based (3) Relapse prevention services. teria as the Secretary shall establish for a on a survey of patients managed in Depart- (4) Ongoing aftercare and outpatient coun- peer specialist position; or ment clinics. seling services. ‘‘(ii) a State as having satisfied relevant (D) A assessment of the research projects (5) Opiate substitution therapy services. State requirements for a peer specialist posi- of the Department relevant to the treatment (6) Pharmacological treatments aimed at tion.’’. of the types of acute and chronic pain suf- reducing craving for drugs and alcohol. (b) PEER SPECIALIST TRAINING.—Section fered by veterans. (7) Detoxification and stabilization serv- 7402 is amended by adding at the end the fol- (E) An assessment of the training provided ices. lowing new subsection: to Department health care personnel with (8) Such other services as the Secretary ‘‘(g) The Secretary may enter into con- respect to the diagnosis, treatment, and considers appropriate. tracts with not-for-profit entities to pro- management of acute and chronic pain. (b) PROVISION OF SERVICES.—The services vide— (F) An assessment of the patient pain care and treatments described in subsection (a) ‘‘(1) peer specialist training to veterans; education programs of the Department. may be provided to a veteran described in and (f) VETERANS SERVICE ORGANIZATION DE- such subsection— ‘‘(2) certification for veterans under sub- FINED.—In this section, the term ‘‘veterans (1) at Department of Veterans Affairs med- section (b)(13)(B)(i).’’. service organization’’ means any organiza- ical centers or clinics;

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.051 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4979 (2) by referral to other facilities of the De- tient or residential treatment and recovery SEC. 306. TRIBUTE TO JUSTIN BAILEY. partment that are accessible to such vet- services for veterans diagnosed with both This title is enacted in tribute to Justin eran; or post-traumatic stress disorder and a sub- Bailey, who, after returning to the United (3) by contract or fee-for-service payments stance use disorder. States from service as a member of the with community-based organizations for the ‘‘(b) LOCATION.—Each center established in Armed Forces in Operation Iraqi Freedom, provision of such services and treatments. accordance with subsection (a) shall be lo- died in a domiciliary facility of the Depart- cated at a medical center of the Department (c) ALTERNATIVES IN CASE OF SERVICES DE- ment of Veterans Affairs while receiving that— NIED DUE TO CLINICAL NECESSITY.—If the Sec- care for post-traumatic stress disorder and a ‘‘(1) provides specialized care for veterans retary denies the provision to a veteran of substance use disorder. services or treatment for a substance use dis- with post-traumatic stress disorder and a order due to clinical necessity, the Secretary substance use disorder; and TITLE IV—MENTAL HEALTH shall provide the veteran such other services ‘‘(2) is geographically situated in an area ACCESSIBILITY ENHANCEMENTS with a high number of veterans that have or treatments as are medically appropriate. SEC. 401. PILOT PROGRAM ON PEER OUTREACH (d) REPORT.—Not later than one year after been diagnosed with both post-traumatic stress disorder and substance use disorder. AND SUPPORT FOR VETERANS AND the date of the enactment of this Act, the USE OF COMMUNITY MENTAL ‘‘(c) PROCESS OF REFERRAL AND TRANSITION Secretary shall submit to the Committee on HEALTH CENTERS AND INDIAN TO STEP DOWN DIAGNOSIS REHABILITATION Veterans’ Affairs of the Senate and the Com- HEALTH SERVICE FACILITIES. TREATMENT PROGRAMS.—The Secretary shall mittee on Veterans’ Affairs of the House of establish a process to refer and aid the tran- (a) PILOT PROGRAM REQUIRED.—Com- Representatives a report setting forth, for sition of veterans from the national centers mencing not later than 180 days after the each medical facility of the Department, the of excellence on post-traumatic stress dis- date of the enactment of this Act, the Sec- availability of the following: retary of Veterans Affairs shall carry out a (1) Medically supervised withdrawal man- order and substance use disorders established pursuant to subsection (a) to programs that pilot program to assess the feasability and agement. advisability of providing to veterans of Oper- (2) Programs for treatment of alcohol and provide step down rehabilitation treatment for individuals with post-traumatic stress ation Iraqi Freedom and Operation Enduring other substance use disorders that are— Freedom, and, in particular, veterans who (A) integrated with primary health care disorder and substance use disorders. ‘‘(d) COLLABORATION WITH THE NATIONAL served in such operations as a member of the services; or CENTER FOR POST-TRAUMATIC STRESS DIS- National Guard or Reserve, the following: (B) available as specialty substance use ORDER.—The centers established under this (1) Peer outreach services. disorder services. section shall collaborate in the research of (2) Peer support services provided by li- (3) Specialty programs for the treatment of the National Center for Post-Traumatic censed providers of peer support services or post-traumatic stress disorder. Stress Disorder.’’. veterans who have personal experience with (4) Programs to treat veterans who are di- (b) CLERICAL AMENDMENT.—The table of mental illness. agnosed with both a substance use disorder sections at the beginning of chapter 73 is (3) Readjustment counseling services de- and a mental health disorder. amended by inserting after the item relating scribed in section 1712A of title 38, United SEC. 303. CARE FOR VETERANS WITH MENTAL to section 7330 the following new item: States Code. HEALTH AND SUBSTANCE USE DIS- (4) Other mental health services. ORDERS. ‘‘7330C. National centers of excellence on post-traumatic stress disorder (b) PROVISION OF CERTAIN SERVICES.—In (a) IN GENERAL.—If the Secretary of Vet- erans Affairs provides a veteran inpatient or and substance use disorders.’’. providing services described in paragraphs outpatient care for a substance use disorder SEC. 305. REPORT ON RESIDENTIAL MENTAL (3) and (4) of subsection (a) under the pilot and a comorbid mental health disorder, the HEALTH CARE FACILITIES OF THE program to veterans who reside in rural VETERANS HEALTH ADMINISTRA- areas and do not have adequate access Secretary shall ensure that treatment for TION. such disorders is provided concurrently— through the Department of Veterans Affairs (a) REVIEWS.—The Secretary of Veterans to the services described in such paragraphs, (1) through a service provided by a clini- Affairs shall, acting through the Office of cian or health professional who has training the Secretary shall, acting through the Of- Mental Health Services of the Department of fice of Mental Health Services and the Office and expertise in treatment of substance use Veterans Affairs— disorders and mental health disorders; of Rural Health, provide such services as fol- (1) not later than six months after the date lows: (2) by separate substance use disorder and of the enactment of this Act, conduct a re- mental health disorder treatment services (1) Through community mental health cen- view of all residential mental health care fa- ters or other entities under contracts or when there is appropriate coordination, col- cilities, including domiciliary facilities, of laboration, and care management between other agreements for the provision of such the Veterans Health Administration; and services that are entered into for purposes of such treatment services; or (2) not later than two years after the date the pilot program. (3) by a team of clinicians with appropriate of the completion of the review required by (2) Through the Indian Health Service pur- expertise. paragraph (1), conduct a follow-up review of suant to a memorandum of understanding (b) TEAM OF CLINICIANS WITH APPROPRIATE such facilities to evaluate any improvements entered into by the Secretary of Veterans EXPERTISE DEFINED.—In this section, the made or problems remaining since the re- Affairs and the Secretary of Health and term ‘‘team of clinicians with appropriate view under paragraph (1) was completed. Human Services for purposes of the pilot pro- expertise’’ means a team consisting of the (b) REPORT.—Not later than 90 days after following: the completion of the review required by gram. (1) Clinicians and health professionals with subsection (a)(1), the Secretary shall submit (c) DURATION.—The pilot program shall be expertise in treatment of substance use dis- to the Committee on Veterans’ Affairs of the carried out during the three-year period be- orders and mental health disorders who act Senate and the Committee on Veterans’ Af- ginning on the date of the commencement of in coordination and collaboration with each fairs of the House of Representatives a re- the pilot program. other. port on such review. The report shall include (d) PROGRAM LOCATIONS.— (2) Such other professionals as the Sec- the following: (1) IN GENERAL.—The pilot program shall be retary considers appropriate for the provi- (1) A description of the availability of care carried out within areas selected by the Sec- sion of treatment to veterans for substance in residential mental health care facilities in retary for the purpose of the pilot program use and mental health disorders. each Veterans Integrated Service Network in at least two Veterans Integrated Service SEC. 304. NATIONAL CENTERS OF EXCELLENCE (VISN). Networks (VISN). ON POST-TRAUMATIC STRESS DIS- (2) An assessment of the supervision and (2) RURAL GEOGRAPHIC LOCATIONS.—The lo- ORDER AND SUBSTANCE USE DIS- support provided in the residential mental cations selected shall be in rural geographic ORDERS. health care facilities of the Veterans Health locations that, as determined by the Sec- (a) IN GENERAL.—Subchapter II of chapter Administration. retary, lack access to comprehensive mental 73, as amended by sections 210 and 303 of this (3) The ratio of staff members at each resi- health services through the Department of Act, is further amended by adding at the end dential mental health care facility to pa- Veterans Affairs. tients at such facility. the following new section: (3) QUALIFIED PROVIDERS.—In selecting lo- (4) An assessment of the appropriateness of cations for the pilot program, the Secretary ‘‘§ 7330C. National centers of excellence on rules and procedures for the prescription and shall select locations in which an adequate post-traumatic stress disorder and sub- administration of medications to patients in number of licensed mental health care pro- stance use disorders such residential mental health care facili- viders with credentials equivalent to those of ‘‘(a) ESTABLISHMENT OF CENTERS.—(1) The ties. Secretary shall establish not less than six (5) A description of the protocols at each Department mental health care providers are national centers of excellence on post-trau- residential mental health care facility for available in Indian Health Service facilities, matic stress disorder and substance use dis- handling missed appointments. community mental health centers, and other orders. (6) Any recommendations the Secretary entities are available for participation in the ‘‘(2) The purpose of the centers established considers appropriate for improvements to pilot program. under this section is to serve as Department such residential mental health care facilities (e) PARTICIPATION IN PROGRAM.—Each com- facilities that provide comprehensive inpa- and the care provided in such facilities. munity mental health center, facility of the

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.051 S03JNPT1 jbell on PROD1PC69 with SENATE S4980 CONGRESSIONAL RECORD — SENATE June 3, 2008 Indian Health Service, or other entity par- that contracting with community mental fiscal year under paragraph (2) is in addition ticipating in the pilot program under sub- health centers, the Indian Health Service, to any other amounts made available to the section (b) shall— and other entities participating in the pilot National Center on Posttraumatic Stress (1) provide the services described in para- program under subsection (b) has on the fol- Disorder for such year under any other pro- graphs (3) and (4) of subsection (a) to eligible lowing: vision of law. veterans, including, to the extent prac- (A) Access to mental health care by vet- SEC. 502. EXTENSION OF AUTHORIZATION FOR ticable, telehealth services that link the cen- erans in need of such care. SPECIAL COMMITTEE ON POST- ter or facility with Department of Veterans (B) The use of telehealth services by vet- TRAUMATIC STRESS DISORDER. Affairs clinicians; erans for mental health care needs. Section 110(e)(2) of the Veterans’ Health (2) use the clinical practice guidelines of (C) The quality of mental health care and Care Act of 1984 (38 U.S.C. 1712A note; Public the Veterans Health Administration or the substance use disorder treatment services Law 98–528) is amended by striking ‘‘through Department of Defense in the provision of provided to veterans in need of such care and 2008’’ and inserting ‘‘through 2012’’. such services; and services. TITLE VI—ASSISTANCE FOR FAMILIES OF (3) meet such other requirements as the (D) The coordination of mental health care VETERANS Secretary shall require. and other medical services provided to vet- (f) COMPLIANCE WITH DEPARTMENT PROTO- erans. SEC. 601. CLARIFICATION OF AUTHORITY OF SEC- RETARY OF VETERANS AFFAIRS TO COLS.—Each community mental health cen- (k) DEFINITIONS.—In this section: ter, facility of the Indian Health Service, or PROVIDE MENTAL HEALTH SERV- (1) The term ‘‘community mental health ICES TO FAMILIES OF VETERANS. other entity participating in the pilot pro- center’’ has the meaning given such term in (a) IN GENERAL.—Chapter 17 is amended— gram under subsection (b) shall comply section 410.2 of title 42, Code of Federal Reg- with— (1) in section 1701(5)(B)— ulations (as in effect on the day before the (A) by inserting ‘‘marriage and family (1) applicable protocols of the Department date of the enactment of this Act). before incurring any liability on behalf of counseling,’’ after ‘‘professional coun- (2) The term ‘‘eligible veteran’’ means a the Department for the provision of services seling,’’; and veteran in need of mental health services as part of the pilot program; and (B) by striking ‘‘as may be essential to’’ who— (2) access and quality standards of the De- and inserting ‘‘as the Secretary considers ap- (A) is enrolled in the Department of Vet- partment relevant to the provision of serv- propriate for’’; and erans Affairs health care system; and ices as part of the pilot program. (2) in subsections (a) and (b) of section 1782, (B) has received a referral from a health (g) PROVISION OF CLINICAL INFORMATION.— by inserting ‘‘marriage and family coun- Each community mental health center, facil- professional of the Veterans Health Adminis- seling,’’ after ‘‘professional counseling,’’. tration to a community mental health cen- ity of the Indian Health Service, or other en- (b) LOCATION.—Paragraph (5) of section 1701 tity participating in the pilot program under ter, a facility of the Indian Health Service, of title 38, United States Code, shall not be subsection (b) shall, in a timely fashion, pro- or other entity for purposes of the pilot pro- construed to prevent the Secretary of Vet- vide the Secretary with such clinical infor- gram. erans Affairs from providing services de- mation on each veteran for whom such (3) The term ‘‘Indian Health Service’’ scribed in subparagraph (B) of such para- health center or facility provides mental means the organization established by sec- graph to individuals described in such sub- health services under the pilot program as tion 601(a) of the Indian Health Care Im- paragraph in centers under section 1712A of the Secretary shall require. provement Act (25 U.S.C. 1661(a)). such title (commonly referred to as ‘‘Vet (h) TRAINING.— (l) AUTHORIZATION OF APPROPRIATIONS.— Centers’’), Department of Veterans Affairs (1) TRAINING OF VETERANS.—As part of the There is authorized to be appropriated such medical centers, community-based out- pilot program, the Secretary shall carry out sums as may be necessary to carry out the patient clinics, or in such other facilities of a program of training for veterans described provisions of this section. the Department of Veterans Affairs as the in subsection (a) to provide the services de- TITLE V—MENTAL HEALTH RESEARCH Secretary considers necessary. scribed in paragraphs (1) and (2) of such sub- section. SEC. 501. RESEARCH PROGRAM ON COMORBID SEC. 602. PILOT PROGRAM ON PROVISION OF RE- POST-TRAUMATIC STRESS DIS- ADJUSTMENT AND TRANSITION AS- (2) TRAINING OF CLINICIANS.— ORDER AND SUBSTANCE USE DIS- SISTANCE TO VETERANS AND THEIR (A) IN GENERAL.—The Secretary shall con- ORDERS. FAMILIES IN COOPERATION WITH duct a training program for clinicians of (a) PROGRAM REQUIRED.—The Secretary of VET CENTERS. community mental health centers, Indian Veterans Affairs shall carry out a program of (a) PILOT PROGRAM.—The Secretary of Vet- Health Service facilities, or other entities research into comorbid post-traumatic stress erans Affairs shall carry out, through a non- participating in the pilot program under sub- disorder (PTSD) and substance use disorder. Department of Veterans Affairs entity, a section (b) to ensure that such clinicians can (b) DISCHARGE THROUGH NATIONAL CENTER pilot program to assess the feasability and provide the services described in paragraphs FOR POSTTRAUMATIC STRESS DISORDER.—The advisability of providing readjustment and (3) and (4) of subsection (a) in a manner that research program required by subsection (a) transition assistance described in subsection accounts for factors that are unique to the shall be carried out by the National Center (b) to veterans and their families in coopera- experiences of veterans who served on active for Posttraumatic Stress Disorder. In car- tion with centers under section 1712A of title duty in Operation Iraqi Freedom or Oper- rying out the program, the Center shall— 38, United States Code (commonly referred ation Enduring Freedom (including their (1) develop protocols and goals with respect to as ‘‘Vet Centers’’). combat and military training experiences). to research under the program; and (b) READJUSTMENT AND TRANSITION ASSIST- (B) PARTICIPATION IN TRAINING.—Personnel (2) coordinate research, data collection, ANCE.—Readjustment and transition assist- of each community mental health center, fa- and data dissemination under the program. ance described in this subsection is assist- cility of the Indian Health Service, or other (c) RESEARCH.—The program of research re- ance as follows: entity participating in the pilot program quired by subsection (a) shall address the fol- (1) Readjustment and transition assistance under subsection (b) shall participate in the lowing: that is preemptive, proactive, and principle- training program conducted pursuant to sub- (1) Comorbid post-traumatic stress dis- centered. paragraph (A). order and substance use disorder. (2) Assistance and training for veterans (i) ANNUAL REPORTS.—Each community mental health center, facility of the Indian (2) The systematic integration of treat- and their families in coping with the chal- Health Service, or other entity participating ment for post-traumatic stress disorder with lenges associated with making the transition in the pilot program under subsection (b) treatment for substance use disorder. from military to civilian life. shall submit to the Secretary on an annual (3) The development of protocols to evalu- (c) NON-DEPARTMENT OF VETERANS AFFAIRS basis a report containing, with respect to the ate care of veterans with comorbid post- ENTITY.— provision of services under subsection (b) and traumatic stress disorder and substance use (1) IN GENERAL.—The Secretary shall carry for the last full calendar year ending before disorder and to facilitate cumulative clinical out the pilot program through any for-profit the submission of such report— progress of such veterans over time. or non-profit organization selected by the (1) the number of— (d) FUNDING.— Secretary for purposes of the pilot program (A) veterans served; and (1) AUTHORIZATION OF APPROPRIATIONS.— that has demonstrated expertise and experi- (B) courses of treatment provided; and There is authorized to be appropriated for ence in the provision of assistance and train- (2) demographic information for such serv- the Department of Veterans Affairs for each ing described in subsection (b). ices, diagnoses, and courses of treatment. of fiscal years 2008 through 2011, $2,000,000 to (2) CONTRACT OR AGREEMENT.—The Sec- (j) PROGRAM EVALUATION.— carry out this section. retary shall carry out the pilot program (1) IN GENERAL.—The Secretary shall, (2) AVAILABILITY.—Amounts authorized to through a non-Department entity described through Department of Veterans Affairs be appropriated by paragraph (1) shall be in paragraph (1) pursuant to a contract or Mental Health Services investigators and in made available to the National Center on other agreement entered into by the Sec- collaboration with relevant program offices Posttraumatic Stress Disorder for the pur- retary and the entity for purposes of the of the Department, design and implement a pose specified in that paragraph. pilot program. strategy for evaluating the pilot program. (3) SUPPLEMENT NOT SUPPLANT.—Any (d) DURATION OF PILOT PROGRAM.—The (2) ELEMENTS.—The strategy implemented amount made available to the National Cen- pilot program shall be carried out during the under paragraph (1) shall assess the impact ter on Posttraumatic Stress Disorder for a three-year period beginning on the date of

VerDate Aug 31 2005 04:45 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.052 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4981 the enactment of this Act, and may be car- (B) by striking ‘‘adjusted by the Secretary ‘‘§ 2044. Financial assistance for supportive ried out for additional one-year periods under subparagraph (B)’’; and services for very low-income veteran fami- thereafter. (C) by designating the second sentence as lies in permanent housing (e) LOCATION OF PILOT PROGRAM.— subparagraph (B) and indenting the margin ‘‘(a) DISTRIBUTION OF FINANCIAL ASSIST- (1) IN GENERAL.—The Secretary of Veterans of such subparagraph, as so designated, two ANCE.—(1) The Secretary shall provide finan- Affairs shall provide assistance under the ems from the left margin; and cial assistance to eligible entities approved pilot program in cooperation with 10 centers (3) in subparagraph (C), by striking ‘‘to under this section to provide and coordinate described in subsection (a) designated by the make the adjustment under subparagraph the provision of supportive services de- Secretary for purposes of the pilot program. (B)’’. scribed in subsection (b) for very low-income (2) DESIGNATIONS.—In designating centers SEC. 702. EXPANSION AND EXTENSION OF AU- veteran families occupying permanent hous- described in subsection (a) for purposes of THORITY FOR PROGRAM OF REFER- ing. the pilot program, the Secretary shall des- RAL AND COUNSELING SERVICES ‘‘(2) Financial assistance under this section ignate centers so as to provide a balanced FOR AT-RISK VETERANS shall consist of grants for each such family geographical representation of such centers TRANSITIONING FROM CERTAIN IN- for which an approved eligible entity is pro- throughout the United States, including the STITUTIONS. viding or coordinating the provision of sup- District of Columbia, the Commonwealth of (a) PROGRAM AUTHORITY.—Subsection (a) of Puerto Rico, tribal lands, and other terri- section 2023 is amended by striking ‘‘a dem- portive services. tories and possessions of the United States. onstration program for the purpose of deter- ‘‘(3)(A) The Secretary shall provide such (f) PARTICIPATION OF CENTERS.—A center mining the costs and benefits of providing’’ grants to each eligible entity that is pro- described in subsection (a) that is designated and inserting ‘‘a program of’’. viding or coordinating the provision of sup- under subsection (e) for participation in the (b) SCOPE OF PROGRAM.—Subsection (b) of portive services. pilot program shall participate in the pilot such section is amended— ‘‘(B) The Secretary is authorized to estab- program by promoting awareness of the as- (1) by striking ‘‘DEMONSTRATION’’ in the lish intervals of payment for the administra- sistance and training available to veterans subsection heading; tion of such grants and establish a maximum and their families through— (2) by striking ‘‘demonstration’’; and amount to be awarded, in accordance with (1) the facilities and other resources of (3) by striking ‘‘in at least six locations’’ the services being provided and their dura- such center; and inserting ‘‘in at least 12 locations’’. tion. (2) the non-Department of Veterans Affairs (c) EXTENSION OF AUTHORITY.—Subsection ‘‘(4) In providing financial assistance under entity selected pursuant to subsection (c); (d) of such section is amended by striking paragraph (1), the Secretary shall give pref- and ‘‘shall cease’’ and all that follows and insert- erence to entities providing or coordinating (3) other appropriate mechanisms. ing ‘‘shall cease on September 30, 2012.’’. the provision of supportive services for very (g) ADDITIONAL SUPPORT.—In carrying out (d) CONFORMING AMENDMENTS.— low-income veteran families who are the pilot program, the Secretary of Veterans (1) Subsection (c)(1) of such section is transitioning from homelessness to perma- Affairs may enter into contracts or other amended by striking ‘‘demonstration’’. nent housing. agreements, in addition to the contract or (2) The heading of such section is amended ‘‘(5) The Secretary shall ensure that, to the agreement described in subsection (c), with to read as follows: extent practicable, financial assistance such other non-Department of Veterans Af- ‘‘§ 2023. Referral and counseling services: vet- under this subsection is equitably distrib- fairs entities meeting the requirements of erans at risk of homelessness who are uted across geographic regions, including subsection (c) as the Secretary considers ap- transitioning from certain institutions’’. rural communities and tribal lands. propriate for purposes of the pilot program. ‘‘(6) Each entity receiving financial assist- (3) Section 2022(f)(2)(C) of such title is (h) REPORT ON PILOT PROGRAM.— ance under this section to provide supportive amended by striking ‘‘demonstration’’. (1) REPORT REQUIRED.—Not later than six services to a very low-income veteran family (e) CLERICAL AMENDMENT.—The table of months after the date of the conclusion of shall notify that family that such services sections at the beginning of chapter 20 is the pilot program, the Secretary shall sub- are being paid for, in whole or in part, by the amended by striking the item relating to mit to the congressional veterans affairs Department. section 2023 and inserting the following: committees a report on the pilot program. ‘‘(7) The Secretary may require entities re- (2) ELEMENTS.—Each report under para- ‘‘2023. Referral and counseling services: vet- ceiving financial assistance under this sec- graph (1) shall include the following: erans at risk of homelessness tion to submit a report to the Secretary that (A) A description of the activities under who are transitioning from cer- describes the projects carried out with such the pilot program as of the date of such re- tain institutions.’’. financial assistance. port, including the number of veterans and SEC. 703. AVAILABILITY OF GRANT FUNDS TO ‘‘(b) SUPPORTIVE SERVICES.—The sup- families provided assistance under the pilot SERVICE CENTERS FOR PERSONNEL. portive services referred to in subsection (a) program and the scope and nature of the as- Section 2011 is amended by adding at the are the following: sistance so provided. end the following new subsection: ‘‘(1) Services provided by an eligible entity (B) A current assessment of the effective- ‘‘(i) AVAILABILITY OF GRANT FUNDS FOR or a subcontractor of an eligible entity that ness of the pilot program. SERVICE CENTER PERSONNEL.—A grant under address the needs of very low-income veteran (C) Any recommendations that the Sec- this section for a service center for homeless families occupying permanent housing, in- retary considers appropriate for the exten- veterans may be used to provide funding for cluding— sion or expansion of the pilot program. staff as necessary in order for the center to ‘‘(A) outreach services; (3) CONGRESSIONAL VETERANS AFFAIRS COM- meet the service availability requirements of ‘‘(B) case management services; MITTEES DEFINED.—In this subsection, the subsection (g)(1).’’. term ‘‘congressional veterans affairs com- ‘‘(C) assistance in obtaining any benefits SEC. 704. PERMANENT AUTHORITY FOR DOMI- from the Department which the veteran may mittees’’ means— CILIARY SERVICES FOR HOMELESS (A) the Committees on Veterans’ Affairs be eligible to receive, including, but not lim- VETERANS AND ENHANCEMENT OF ited to, vocational and rehabilitation coun- and Appropriations of the Senate; and CAPACITY OF DOMICILIARY CARE (B) the Committees on Veterans’ Affairs PROGRAMS FOR FEMALE VETERANS. seling, employment and training service, and Appropriations of the House of Rep- Subsection (b) of section 2043 is amended to educational assistance, and health care serv- resentatives. read as follows: ices; and (i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) ENHANCEMENT OF CAPACITY OF DOMI- ‘‘(D) assistance in obtaining and coordi- (1) IN GENERAL.—There is authorized to be CILIARY CARE PROGRAMS FOR FEMALE VET- nating the provision of other public benefits appropriated for the Department of Veterans ERANS.—The Secretary shall take appro- provided in federal, State, or local agencies, Affairs for each of fiscal years 2009 through priate actions to ensure that the domiciliary or any organization defined in subsection (f), 2011 $1,000,000 to carry out this section. care programs of the Department are ade- including— (2) AVAILABILITY.—Amounts authorized to quate, with respect to capacity and with re- ‘‘(i) health care services (including obtain- be appropriated by paragraph (1) shall re- spect to safety, to meet the needs of veterans ing health insurance); main available until expended. who are women.’’. ‘‘(ii) daily living services; TITLE VII—HOMELESS VETERANS SEC. 705. FINANCIAL ASSISTANCE FOR SUP- ‘‘(iii) personal financial planning; MATTERS PORTIVE SERVICES FOR VERY LOW- ‘‘(iv) transportation services; ‘‘(v) income support services; SEC. 701. REPEAL OF AUTHORITY FOR ADJUST- INCOME VETERAN FAMILIES IN PER- MENTS TO PER DIEM PAYMENTS TO MANENT HOUSING. ‘‘(vi) fiduciary and representative payee HOMELESS VETERANS SERVICE CEN- (a) PURPOSE.—The purpose of this section services; TERS FOR RECEIPT OF OTHER is to facilitate the provision of supportive ‘‘(vii) legal services to assist the veteran SOURCES OF INCOME. services for very low-income veteran fami- family with issues that interfere with the Section 2012(a)(2) is amended— lies in permanent housing. family’s ability to obtain or retain housing (1) by striking subparagraphs (B) and (D); (b) FINANCIAL ASSISTANCE.— or supportive services; (2) in subparagraph (A)— (1) IN GENERAL.—Subchapter V of chapter ‘‘(viii) child care; (A) by striking ‘‘The rate’’ and inserting 20 of title 38, United States Code, is amended ‘‘(ix) housing counseling; and ‘‘Except as provided in subparagraph (B), the by adding at the end the following new sec- ‘‘(x) other services necessary for maintain- rate’’; tion: ing independent living.

VerDate Aug 31 2005 04:45 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.052 S03JNPT1 jbell on PROD1PC69 with SENATE S4982 CONGRESSIONAL RECORD — SENATE June 3, 2008 ‘‘(2) Services described in paragraph (1) ‘‘(C) $25,000,000 for fiscal year 2011. States Code, as added by subsection (b), in that are delivered to very low-income vet- ‘‘(2) Not more than $750,000 may be avail- meeting the needs of very low-income vet- eran families who are homeless and who are able under paragraph (1) in any fiscal year to eran families, as that term is defined in that scheduled to become residents of permanent provide technical assistance under sub- section. housing within 90 days pending the location section (d). (2) COMPARISON.—In the study required by or development of housing suitable for per- ‘‘(3) There is authorized to be appropriated paragraph (1), the Secretary shall compare manent housing. $1,000,000 for each of the fiscal year 2008 the results of the program referred to in that ‘‘(3) Services described in paragraph (1) for through 2010 to carry out the provisions of subsection with other programs of the De- very low-income veteran families who have subsection (d). partment of Veterans Affairs dedicated to voluntarily chosen to seek other housing ‘‘(f) DEFINITIONS.—In this section: the delivery of housing and services to vet- after a period of tenancy in permanent hous- ‘‘(1) The term ‘consumer cooperative’ has erans. ing, that are provided, for a period of 90 days the meaning given such term in section 202 (3) CRITERIA.—In making the comparison after such families exit permanent housing of the Housing Act of 1959 (12 U.S.C. 1701q). required in paragraph (2), the Secretary shall or until such families commence receipt of ‘‘(2) The term ‘eligible entity’ means— examine the following: other housing services adequate to meet ‘‘(A) a private nonprofit organization; or (A) The satisfaction of veterans targeted their current needs, but only to the extent ‘‘(B) a consumer cooperative. by the programs described in paragraph (2). that services under this paragraph are de- ‘‘(3) The term ‘homeless’ has the meaning (B) The health status of such veterans. signed to support such families in their given that term in section 103 of the McKin- (C) The housing provided such veterans choice to transition into housing that is re- ney-Vento Homeless Assistance Act (42 under such programs. sponsive to their individual needs and pref- U.S.C. 11302). (D) The degree to which such veterans are erences. ‘‘(4) The term ‘permanent housing’ means encouraged to productive activity by such ‘‘(c) APPLICATION FOR FINANCIAL ASSIST- community-based housing without a des- programs. ANCE.—(1) An eligible entity seeking finan- ignated length of stay. (4) REPORT.—Not later than March 31, 2011, cial assistance under subsection (a) shall ‘‘(5) The term ‘private nonprofit organiza- the Secretary shall submit to the Committee submit to the Secretary an application tion’ means any of the following: on Veterans’ Affairs of the Senate and the therefor in such form, in such manner, and ‘‘(A) Any incorporated private institution Committee on Veterans’ Affairs of the House containing such commitments and informa- or foundation— of Representatives a report on the results of tion as the Secretary determines to be nec- ‘‘(i) no part of the net earnings of which in- the study required by paragraph (1). essary to carry out this section. ures to the benefit of any member, founder, f ‘‘(2) Each application submitted by an eli- contributor, or individual; gible entity under paragraph (1) shall con- ‘‘(ii) which has a governing board that is AUTHORITY FOR COMMITTEES TO tain— responsible for the operation of the sup- MEET ‘‘(A) a description of the supportive serv- portive services provided under this section; COMMITTEE ON ARMED SERVICES ices proposed to be provided by the eligible and entity and the identified needs for those ‘‘(iii) which is approved by the Secretary Mrs. BOXER. Mr. President, I ask services; as to financial responsibility. unanimous consent that the Com- ‘‘(B) a description of the types of very low- ‘‘(B) A for-profit limited partnership, the mittee on Armed Services be author- income veteran families proposed to be pro- sole general partner of which is an organiza- ized to meet during the session of the vided such services; tion meeting the requirements of clauses (i), Senate on Tuesday, June 3, 2008, at 9:30 ‘‘(C) an estimate of the number of very (ii), and (iii) of subparagraph (A). a.m. low-income veteran families proposed to be ‘‘(C) A corporation wholly owned and con- provided such services; The PRESIDING OFFICER. Without trolled by an organization meeting the re- objection, it is so ordered. ‘‘(D) evidence of the experience of the eligi- quirements of clauses (i), (ii), and (iii) of sub- ble entity in providing supportive services to paragraph (A). COMMITTEE ON BANKING, HOUSING, AND URBAN very low-income veteran families; and ‘‘(D) A tribally designated housing entity AFFAIRS ‘‘(E) a description of the managerial capac- (as defined in section 4 of the Native Amer- Mrs. BOXER. Mr. President, I ask ity of the eligible entity— ican Housing Assistance and Self-Determina- unanimous consent that the Com- ‘‘(i) to coordinate the provision of sup- tion Act of 1996 (25 U.S.C. 4103)). mittee on Banking, Housing, and portive services with the provision of perma- ‘‘(6)(A) Subject to subparagraphs (B) and Urban Affairs be authorized to meet nent housing by the eligible entity or by (C), the term ‘very low-income veteran fam- during the session of the Senate on other organizations; ily’ means a veteran family whose income ‘‘(ii) to assess continuously the needs of June 3, 2008, at 2:30 p.m. does not exceed 50 percent of the median in- The PRESIDING OFFICER. Without very low-income veteran families for sup- come for an area specified by the Secretary portive services; for purposes of this section, as determined by objection, it is so ordered. ‘‘(iii) to coordinate the provision of sup- the Secretary in accordance with this para- COMMITTEE ON COMMERCE, SCIENCE, AND portive services with the services of the De- graph. TRANSPORTATION partment; ‘‘(B) The Secretary shall make appropriate Mrs. BOXER. Mr. President, I ask ‘‘(iv) to tailor supportive services to the adjustments to the income requirement unanimous consent that the Com- needs of very low-income veteran families; under subparagraph (A) based on family size. mittee on Commerce, Science, and and ‘‘(C) The Secretary may establish an in- ‘‘(v) to seek continuously new sources of Transportation be authorized to meet come ceiling higher or lower than 50 percent during the session of the Senate on assistance to ensure the long-term provision of the median income for an area if the Sec- of supportive services to very low-income retary determines that such variations are Tuesday, June 3, 2008, at 10 a.m., in veteran families. necessary because the area has unusually room 253 of the Russell Senate Office ‘‘(3) The Secretary shall establish criteria high or low construction costs, fair market Building. for the selection of eligible entities to be rents (as determined under section 8 of the The PRESIDING OFFICER. Without provided financial assistance under this sec- United States Housing Act of 1937 (42 U.S.C. tion. objection, it is so ordered. 1437f)), or family incomes. ‘‘(d) TECHNICAL ASSISTANCE.—(1) The Sec- COMMITTEE ON FINANCE ‘‘(7) The term ‘veteran family’ includes a retary shall provide training and technical Mrs. BOXER. Mr. President, I ask veteran who is a single person and a family assistance to participating eligible entities in which the head of household or the spouse unanimous consent that the Com- regarding the planning, development, and of the head of household is a veteran.’’. mittee on Finance be authorized to provision of supportive services to very low- (2) CLERICAL AMENDMENT.—The table of meet during the session of the Senate income veteran families occupying perma- sections at the beginning of chapter 20 of nent housing, through the Technical Assist- on Tuesday, June 3, 2008, at 10 a.m., in such title is amended by inserting after the ance grants program in section 2064 of this room 215 of the Dirksen Senate Office item relating to section 2043 the following title. Building. ‘‘(2) The Secretary may provide the train- new item: The PRESIDING OFFICER. Without ing described in paragraph (1) directly or ‘‘2044. Financial assistance for supportive objection, it is so ordered. services for very low-income through grants or contracts with appropriate f public or nonprofit private entities. veteran families in permanent ‘‘(e) FUNDING.—(1) From amounts appro- housing.’’. PRIVILEGES OF THE FLOOR priated to the Department for Medical Serv- (c) STUDY OF EFFECTIVENESS OF PERMANENT Mr. CORNYN. Mr. President, I ask ices, there shall be available to carry out HOUSING PROGRAM.— subsection (a), (b), and (c) amounts as fol- (1) IN GENERAL.—For fiscal years 2009 and unanimous consent that Kellen lows: 2010, the Secretary shall conduct a study of McAnulty, an intern in my office, be ‘‘(A) $15,000,000 for fiscal year 2009. the effectiveness of the permanent housing granted floor privileges for the remain- ‘‘(B) $20,000,000 for fiscal year 2010. program under section 2044 of title 38, United der of this work period.

VerDate Aug 31 2005 04:45 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.052 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4983 The ACTING PRESIDENT pro tem- Sec. 103. Care for veterans with mental health SEC. 102. EXPANSION OF SUBSTANCE USE DIS- pore. Without objection, it is so or- and substance use disorders. ORDER TREATMENT SERVICES PRO- Sec. 104. National centers of excellence on post- VIDED BY DEPARTMENT OF VET- dered. ERANS AFFAIRS. traumatic stress disorder and sub- Mr. NELSON of Florida. Mr. Presi- (a) IN GENERAL.—The Secretary of Veterans stance use disorders. dent, I ask unanimous consent that Affairs shall ensure the provision of such serv- Sara Sanders of my staff be granted Sec. 105. Report on residential mental health ices and treatment to each veteran enrolled in care facilities of the Veterans the privilege of the floor. the health care system of the Department of Health Administration. Veterans Affairs who is in need of services and The ACTING PRESIDENT pro tem- Sec. 106. Tribute to Justin Bailey. pore. Without objection, it is so or- treatments for a substance use disorder as fol- lows: dered. TITLE II—MENTAL HEALTH ACCESSIBILITY ENHANCEMENTS (1) Short term motivational counseling serv- Mr. ISAKSON. Mr. President, I ask ices. unanimous consent that Mr. Duncan Sec. 201. Pilot program on peer outreach and (2) Intensive outpatient or residential care Hill of my staff be allowed floor privi- support for veterans and use of services. community mental health centers leges for the remainder of this debate. (3) Relapse prevention services. and Indian Health Service facili- (4) Ongoing aftercare and outpatient coun- The ACTING PRESIDENT pro tem- ties. pore. Without objection, it is so or- seling services. TITLE III—RESEARCH (5) Opiate substitution therapy services. dered. (6) Pharmacological treatments aimed at re- Sec. 301. Research program on comorbid post- Mr. CORKER. Mr. President, I ask ducing craving for drugs and alcohol. unanimous consent that Sophie Trads traumatic stress disorder and sub- (7) Detoxification and stabilization services. stance use disorders. from my staff be granted floor privi- (8) Such other services as the Secretary con- Sec. 302. Extension of authorization for Special siders appropriate. leges for the duration of my remarks. Committee on Post-Traumatic The ACTING PRESIDENT pro tem- (b) PROVISION OF SERVICES.—The services and Stress Disorder. treatments described in subsection (a) may be pore. Without objection, it is so or- TITLE IV—ASSISTANCE FOR FAMILIES OF provided to a veteran described in such sub- dered. VETERANS section— Mrs. BOXER. Mr. President, I ask (1) at Department of Veterans Affairs medical Sec. 401. Clarification of authority of Secretary unanimous consent, on behalf of Sen- centers or clinics; of Veterans Affairs to provide ator CARDIN, that Michael Morgan, a (2) by referral to other facilities of the Depart- mental health services to families ment that are accessible to such veteran; or fellow from his office, be granted the of veterans. privilege of the floor for the duration (3) by contract or fee-form service payments Sec. 402. Pilot program on provision of readjust- with community-based organizations for the of the debate on S. 3036. ment and transition assistance to provision of such services and treatments. The ACTING PRESIDENT pro tem- veterans and their families in co- (c) ALTERNATIVES IN CASE OF SERVICES DE- pore. Without objection, it is so or- operation with Vet Centers. NIED DUE TO CLINICAL NECESSITY.—If the Sec- dered. TITLE I—SUBSTANCE USE DISORDERS retary denies the provision to a veteran of serv- f AND MENTAL HEALTH CARE ices or treatment for a substance use disorder due to clinical necessity, the Secretary shall pro- STAR PRINT—S. 2307 SEC. 101. FINDINGS ON SUBSTANCE USE DIS- vide the veteran such other services or treat- ORDERS AND MENTAL HEALTH. ments as are medically appropriate. Mrs. BOXER. Mr. President, I ask Congress makes the following findings: unanimous consent that S. 2307, the (d) REPORT.—Not later than one year after (1) More than 1,500,000 members of the Armed the date of the enactment of this Act, the Sec- Global Change Research Improvement Forces have been deployed in Operation Iraqi retary shall submit to the Committee on Vet- Act of 2007, be star printed with the Freedom and Operation Enduring Freedom. The erans’ Affairs of the Senate and the Committee changes at the desk. 2005 Department of Defense Survey of Health on Veterans’ Affairs of the House of Representa- The PRESIDING OFFICER. Without Related Behaviors Among Active Duty Per- tives a report setting forth, for each medical fa- objection, it is so ordered. sonnel reports that 23 percent of members of the cility of the Department, the availability of the Armed Forces on active duty acknowledge a sig- f following: nificant problem with alcohol use, with similar (1) Medically supervised withdrawal manage- VETERANS MENTAL HEALTH AND rates of acknowledged problems with alcohol use ment. OTHER CARE IMPROVEMENTS among members of the National Guard. (2) Programs for treatment of alcohol and ACT OF 2008 (2) The effects of substance abuse are wide other substance use disorders that are— ranging, including significantly increased risk (A) integrated with primary health care serv- Mrs. BOXER. Mr. President, I ask of suicide, exacerbation of mental and physical ices; or unanimous consent that the Senate health disorders, breakdown of family support, (B) available as specialty substance use dis- proceed to the immediate consider- and increased risk of unemployment and home- order services. ation of Calendar No. 632, S. 2162. lessness. (3) Specialty programs for the treatment of The PRESIDING OFFICER. The (3) While veterans suffering from mental post-traumatic stress disorder. health conditions, chronic physical illness, and (4) Programs to treat veterans who are diag- clerk will report the bill by title. nosed with both a substance use disorder and a The legislative clerk read as follows: polytrauma may be at increased risk for devel- opment of a substance use disorder, treatment mental health disorder. A bill (S. 2162) to improve the treatment for these veterans is complicated by the need to SEC. 103. CARE FOR VETERANS WITH MENTAL and services provided by the Department of address adequately the physical and mental HEALTH AND SUBSTANCE USE DIS- Veterans Affairs to veterans with post-trau- ORDERS. symptoms associated with these conditions matic stress disorder and substance use dis- (a) IN GENERAL.—If the Secretary of Veterans through appropriate medical intervention. orders, and for other purposes. Affairs provides a veteran inpatient or out- (4) While the Veterans Health Administration patient care for a substance use disorder and a There being no objection, the Senate has dramatically increased health services for comorbid mental health disorder, the Secretary proceeded to consider the bill, which veterans from 1996 through 2006, the number of shall ensure that treatment for such disorders is veterans receiving specialized substance abuse had been reported from the Committee provided concurrently— on Veterans’ Affairs, with an amend- treatment services decreased 18 percent during (1) through a service provided by a clinician ment, as follows: that time. No comparable decrease in the na- or health professional who has training and ex- tional rate of substance abuse has been observed SECTION 1. SHORT TITLE; TABLE OF CONTENTS. pertise in treatment of substance use disorders during that time. (a) SHORT TITLE.—This Act may be cited as and mental health disorders; the ‘‘Veterans Mental Health Improvements Act (5) While some facilities of the Veterans (2) by separate substance use disorder and of 2008’’. Health Administration provide exemplary sub- mental health disorder treatment services when stance use disorder treatment services, the avail- (b) TABLE OF CONTENTS.—The table of con- there is appropriate coordination, collaboration, tents for this Act is as follows: ability of such treatment services throughout and care management between such treatment the health care system of the Veterans Health Sec. 1. Short title; table of contents. services; or Administration is inconsistent. (3) by a team of clinicians with appropriate TITLE I—SUBSTANCE USE DISORDERS AND (6) According to the Government Account- expertise. MENTAL HEALTH CARE ability Office, the Department of Veterans Af- (b) TEAM OF CLINICIANS WITH APPROPRIATE Sec. 101. Findings on substance use disorders fairs significantly reduced its substance use dis- EXPERTISE DEFINED.—In this section, the term and mental health. order treatment and rehabilitation services be- ‘‘team of clinicians with appropriate expertise’’ Sec. 102. Expansion of substance use disorder tween 1996 and 2006, and has made little means a team consisting of the following: treatment services provided by De- progress since in restoring these services to their (1) Clinicians and health professionals with partment of Veterans Affairs. pre-1996 levels. expertise in treatment of substance use disorders

VerDate Aug 31 2005 05:43 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4624 Sfmt 6333 E:\CR\FM\G03JN6.059 S03JNPT1 jbell on PROD1PC69 with SENATE S4984 CONGRESSIONAL RECORD — SENATE June 3, 2008 and mental health disorders who act in coordi- (2) An assessment of the supervision and sup- select locations in which an adequate number of nation and collaboration with each other. port provided in the residential mental health licensed mental health care providers with cre- (2) Such other professionals as the Secretary care facilities of the Veterans Health Adminis- dentials equivalent to those of Department men- considers appropriate for the provision of treat- tration. tal health care providers are available in Indian ment to veterans for substance use and mental (3) The ratio of staff members at each residen- Health Service facilities, community mental health disorders. tial mental health care facility to patients at health centers, and other entities are available SEC. 104. NATIONAL CENTERS OF EXCELLENCE such facility. for participation in the pilot program. ON POST-TRAUMATIC STRESS DIS- (4) An assessment of the appropriateness of (e) PARTICIPATION IN PROGRAM.—Each com- ORDER AND SUBSTANCE USE DIS- rules and procedures for the prescription and munity mental health center, facility of the In- ORDERS. administration of medications to patients in dian Health Service, or other entity partici- (a) IN GENERAL.—Subchapter II of chapter 73 such residential mental health care facilities. pating in the pilot program under subsection (b) of title 38, United States Code, is amended by (5) A description of the protocols at each resi- shall— adding at the end the following new section: dential mental health care facility for handling (1) provide the services described in para- ‘‘§ 7330A. National centers of excellence on missed appointments. graphs (3) and (4) of subsection (a) to eligible post-traumatic stress disorder and sub- (6) Any recommendations the Secretary con- veterans, including, to the extent practicable, stance use disorders siders appropriate for improvements to such resi- telehealth services that link the center or facil- ‘‘(a) ESTABLISHMENT OF CENTERS.—(1) The dential mental health care facilities and the ity with Department of Veterans Affairs clini- Secretary shall establish not less than six na- care provided in such facilities. cians; tional centers of excellence on post-traumatic SEC. 106. TRIBUTE TO JUSTIN BAILEY. (2) use the clinical practice guidelines of the stress disorder and substance use disorders. This title is enacted in tribute to Justin Bai- Veterans Health Administration or the Depart- ‘‘(2) The purpose of the centers established ment of Defense in the provision of such serv- under this section is to serve as Department fa- ley, who, after returning to the United States from service as a member of the Armed Forces in ices; and cilities that provide comprehensive inpatient or (3) meet such other requirements as the Sec- residential treatment and recovery services for Operation Iraqi Freedom, died in a domiciliary facility of the Department of Veterans Affairs retary shall require. veterans diagnosed with both post-traumatic (f) COMPLIANCE WITH DEPARTMENT PROTO- stress disorder and a substance use disorder. while receiving care for post-traumatic stress disorder and a substance use disorder. COLS.—Each community mental health center, ‘‘(b) LOCATION.—Each center established in facility of the Indian Health Service, or other accordance with subsection (a) shall be located TITLE II—MENTAL HEALTH entity participating in the pilot program under at a medical center of the Department that— ACCESSIBILITY ENHANCEMENTS subsection (b) shall comply with— ‘‘(1) provides specialized care for veterans SEC. 201. PILOT PROGRAM ON PEER OUTREACH (1) applicable protocols of the Department be- with post-traumatic stress disorder and a sub- AND SUPPORT FOR VETERANS AND fore incurring any liability on behalf of the De- stance use disorder; and USE OF COMMUNITY MENTAL ‘‘(2) is geographically situated in an area with partment for the provision of services as part of HEALTH CENTERS AND INDIAN the pilot program; and a high number of veterans that have been diag- HEALTH SERVICE FACILITIES. (2) access and quality standards of the De- nosed with both post-traumatic stress disorder (a) PILOT PROGRAM REQUIRED.—Commencing partment relevant to the provision of services as and substance use disorder. not later than 180 days after the date of the en- part of the pilot program. ‘‘(c) PROCESS OF REFERRAL AND TRANSITION actment of this Act, the Secretary of Veterans TO STEP DOWN DIAGNOSIS REHABILITATION (g) PROVISION OF CLINICAL INFORMATION.— Affairs shall carry out a pilot program to assess Each community mental health center, facility TREATMENT PROGRAMS.—The Secretary shall es- the feasability and advisability of providing to tablish a process to refer and aid the transition of the Indian Health Service, or other entity veterans of Operation Iraqi Freedom and Oper- participating in the pilot program under sub- of veterans from the national centers of excel- ation Enduring Freedom, and, in particular, lence on post-traumatic stress disorder and sub- section (b) shall, in a timely fashion, provide the veterans who served in such operations as a Secretary with such clinical information on stance use disorders established pursuant to member of the National Guard or Reserve, the subsection (a) to programs that provide step each veteran for whom such health center or fa- following: cility provides mental health services under the down rehabilitation treatment for individuals (1) Peer outreach services. pilot program as the Secretary shall require. with post-traumatic stress disorder and sub- (2) Peer support services provided by licensed (h) TRAINING.— stance use disorders. providers of peer support services or veterans ‘‘(d) COLLABORATION WITH THE NATIONAL (1) TRAINING OF VETERANS.—As part of the who have personal experience with mental ill- pilot program, the Secretary shall carry out a CENTER FOR POST-TRAUMATIC STRESS DIS- ness. ORDER.—The centers established under this sec- program of training for veterans described in (3) Readjustment counseling services described subsection (a) to provide the services described tion shall collaborate in the research of the Na- in section 1712A of title 38, United States Code. tional Center for Post-Traumatic Stress Dis- in paragraphs (1) and (2) of such subsection. (4) Other mental health services. (2) TRAINING OF CLINICIANS.— order.’’. (b) PROVISION OF CERTAIN SERVICES.—In pro- (b) CLERICAL AMENDMENT.—The table of sec- (A) IN GENERAL.—The Secretary shall conduct viding services described in paragraphs (3) and a training program for clinicians of community tions at the beginning of chapter 73 of such title (4) of subsection (a) under the pilot program to is amended by inserting after the item relating mental health centers, Indian Health Service fa- veterans who reside in rural areas and do not cilities, or other entities participating in the to section 7330 the following new item: have adequate access through the Department ‘‘7330A. National centers of excellence on post- pilot program under subsection (b) to ensure of Veterans Affairs to the services described in that such clinicians can provide the services de- traumatic stress disorder and sub- such paragraphs, the Secretary shall, acting stance use disorders.’’. scribed in paragraphs (3) and (4) of subsection through the Office of Mental Health Services (a) in a manner that accounts for factors that SEC. 105. REPORT ON RESIDENTIAL MENTAL and the Office of Rural Health, provide such HEALTH CARE FACILITIES OF THE are unique to the experiences of veterans who services as follows: served on active duty in Operation Iraqi Free- VETERANS HEALTH ADMINISTRA- (1) Through community mental health centers TION. dom or Operation Enduring Freedom (including or other entities under contracts or other agree- (a) REVIEWS.—The Secretary of Veterans Af- their combat and military training experiences). fairs shall, acting through the Office of Mental ments for the provision of such services that are (B) PARTICIPATION IN TRAINING.—Personnel of Health Services of the Department of Veterans entered into for purposes of the pilot program. each community mental health center, facility of Affairs— (2) Through the Indian Health Service pursu- the Indian Health Service, or other entity par- (1) not later than six months after the date of ant to a memorandum of understanding entered ticipating in the pilot program under subsection the enactment of this Act, conduct a review of into by the Secretary of Veterans Affairs and (b) shall participate in the training program all residential mental health care facilities, in- the Secretary of Health and Human Services for conducted pursuant to subparagraph (A). cluding domiciliary facilities, of the Veterans purposes of the pilot program. (i) ANNUAL REPORTS.—Each community men- Health Administration; and (c) DURATION.—The pilot program shall be tal health center, facility of the Indian Health (2) not later than two years after the date of carried out during the three-year period begin- Service, or other entity participating in the pilot the completion of the review required by para- ning on the date of the commencement of the program under subsection (b) shall submit to the graph (1), conduct a follow-up review of such pilot program. Secretary on an annual basis a report con- facilities to evaluate any improvements made or (d) PROGRAM LOCATIONS.— taining, with respect to the provision of services problems remaining since the review under para- (1) IN GENERAL.—The pilot program shall be under subsection (b) and for the last full cal- graph (1) was completed. carried out within areas selected by the Sec- endar year ending before the submission of such (b) REPORT.—Not later than 90 days after the retary for the purpose of the pilot program in at report— completion of the review required by subsection least two Veterans Integrated Service Networks (1) the number of— (a)(1), the Secretary shall submit to the Com- (VISN). (A) veterans served; and mittee on Veterans’ Affairs of the Senate and (2) RURAL GEOGRAPHIC LOCATIONS.—The loca- (B) courses of treatment provided; and the Committee on Veterans’ Affairs of the House tions selected shall be in rural geographic loca- (2) demographic information for such services, of Representatives a report on such review. The tions that, as determined by the Secretary, lack diagnoses, and courses of treatment. report shall include the following: access to comprehensive mental health services (j) PROGRAM EVALUATION.— (1) A description of the availability of care in through the Department of Veterans Affairs. (1) IN GENERAL.—The Secretary shall, through residential mental health care facilities in each (3) QUALIFIED PROVIDERS.—In selecting loca- Department of Veterans Affairs Mental Health Veterans Integrated Service Network (VISN). tions for the pilot program, the Secretary shall Services investigators and in collaboration with

VerDate Aug 31 2005 04:45 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4624 Sfmt 6333 E:\CR\FM\A03JN6.026 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4985 relevant program offices of the Department, de- under paragraph (2) is in addition to any other program in cooperation with 10 centers de- sign and implement a strategy for evaluating amounts made available to the National Center scribed in subsection (a) designated by the Sec- the pilot program. on Posttraumatic Stress Disorder for such year retary for purposes of the pilot program. (2) ELEMENTS.—The strategy implemented under any other provision of law. (2) DESIGNATIONS.—In designating centers de- under paragraph (1) shall assess the impact that SEC. 302. EXTENSION OF AUTHORIZATION FOR scribed in subsection (a) for purposes of the pilot contracting with community mental health cen- SPECIAL COMMITTEE ON POST- program, the Secretary shall designate centers ters, the Indian Health Service, and other enti- TRAUMATIC STRESS DISORDER. so as to provide a balanced geographical rep- ties participating in the pilot program under Section 110(e)(2) of the Veterans’ Health Care resentation of such centers throughout the subsection (b) has on the following: Act of 1984 (38 U.S.C. 1712A note; Public Law United States, including the District of Colum- (A) Access to mental health care by veterans 98–528) is amended by striking ‘‘through 2008’’ bia, the Commonwealth of Puerto Rico, tribal in need of such care. and inserting ‘‘through 2012’’. lands, and other territories and possessions of (B) The use of telehealth services by veterans TITLE IV—ASSISTANCE FOR FAMILIES OF the United States. for mental health care needs. VETERANS (f) PARTICIPATION OF CENTERS.—A center de- (C) The quality of mental health care and scribed in subsection (a) that is designated SEC. 401. CLARIFICATION OF AUTHORITY OF SEC- substance use disorder treatment services pro- RETARY OF VETERANS AFFAIRS TO under subsection (e) for participation in the vided to veterans in need of such care and serv- PROVIDE MENTAL HEALTH SERV- pilot program shall participate in the pilot pro- ices. ICES TO FAMILIES OF VETERANS. gram by promoting awareness of the assistance (D) The coordination of mental health care (a) IN GENERAL.—Chapter 17 of title 38, and training available to veterans and their and other medical services provided to veterans. United States Code, is amended— families through— (k) DEFINITIONS.—In this section: (1) in section 1701(5)(B)— (1) the facilities and other resources of such (1) The term ‘‘community mental health cen- (A) by inserting ‘‘marriage and family coun- center; ter’’ has the meaning given such term in section seling,’’ after ‘‘professional counseling,’’; and (2) the non-Department of Veterans Affairs 410.2 of title 42, Code of Federal Regulations (as (B) by striking ‘‘as may be essential to’’ and entity selected pursuant to subsection (c); and in effect on the day before the date of the enact- inserting ‘‘as the Secretary considers appro- (3) other appropriate mechanisms. ment of this Act). priate for’’; and (g) ADDITIONAL SUPPORT.—In carrying out (2) The term ‘‘eligible veteran’’ means a vet- (2) in subsections (a) and (b) of section 1782, the pilot program, the Secretary of Veterans Af- eran in need of mental health services who— by inserting ‘‘marriage and family counseling,’’ fairs may enter into contracts or other agree- (A) is enrolled in the Department of Veterans after ‘‘professional counseling,’’. ments, in addition to the contract or agreement Affairs health care system; and (b) LOCATION.—Paragraph (5) of section 1701 described in subsection (c), with such other non- (B) has received a referral from a health pro- of title 38, United States Code, shall not be con- Department of Veterans Affairs entities meeting fessional of the Veterans Health Administration strued to prevent the Secretary of Veterans Af- the requirements of subsection (c) as the Sec- to a community mental health center, a facility fairs from providing services described in sub- retary considers appropriate for purposes of the of the Indian Health Service, or other entity for paragraph (B) of such paragraph to individuals pilot program. purposes of the pilot program. described in such subparagraph in centers under (h) REPORT ON PILOT PROGRAM.— (3) The term ‘‘Indian Health Service’’ means section 1712A of such title (commonly referred to (1) REPORT REQUIRED.—Not later than six the organization established by section 601(a) of as ‘‘Vet Centers’’), Department of Veterans Af- months after the date of the conclusion of the the Indian Health Care Improvement Act (25 fairs medical centers, community-based out- pilot program, the Secretary shall submit to the U.S.C. 1661(a)). patient clinics, or in such other facilities of the congressional veterans affairs committees a re- (l) AUTHORIZATION OF APPROPRIATIONS.— Department of Veterans Affairs as the Secretary port on the pilot program. There is authorized to be appropriated such considers necessary. (2) ELEMENTS.—Each report under paragraph (1) shall include the following: sums as may be necessary to carry out the provi- SEC. 402. PILOT PROGRAM ON PROVISION OF RE- sions of this section. ADJUSTMENT AND TRANSITION AS- (A) A description of the activities under the pilot program as of the date of such report, in- TITLE III—RESEARCH SISTANCE TO VETERANS AND THEIR FAMILIES IN COOPERATION WITH cluding the number of veterans and families SEC. 301. RESEARCH PROGRAM ON COMORBID VET CENTERS. provided assistance under the pilot program and POST-TRAUMATIC STRESS DISORDER (a) PILOT PROGRAM.—The Secretary of Vet- the scope and nature of the assistance so pro- AND SUBSTANCE USE DISORDERS. erans Affairs shall carry out, through a non-De- vided. (a) PROGRAM REQUIRED.—The Secretary of partment of Veterans Affairs entity, a pilot pro- (B) A current assessment of the effectiveness Veterans Affairs shall carry out a program of gram to assess the feasability and advisability of of the pilot program. research into comorbid post-traumatic stress dis- providing readjustment and transition assist- (C) Any recommendations that the Secretary order (PTSD) and substance use disorder. ance described in subsection (b) to veterans and considers appropriate for the extension or ex- (b) DISCHARGE THROUGH NATIONAL CENTER their families in cooperation with centers under pansion of the pilot program. FOR POSTTRAUMATIC STRESS DISORDER.—The re- section 1712A of title 38, United States Code (3) CONGRESSIONAL VETERANS AFFAIRS COM- search program required by subsection (a) shall (commonly referred to as ‘‘Vet Centers’’). MITTEES DEFINED.—In this subsection, the term be carried out by the National Center for (b) READJUSTMENT AND TRANSITION ASSIST- ‘‘congressional veterans affairs committees’’ Posttraumatic Stress Disorder. In carrying out ANCE.—Readjustment and transition assistance means— the program, the Center shall— described in this subsection is assistance as fol- (A) the Committees on Veterans’ Affairs and (1) develop protocols and goals with respect to lows: Appropriations of the Senate; and research under the program; and (1) Readjustment and transition assistance (B) the Committees on Veterans’ Affairs and (2) coordinate research, data collection, and that is preemptive, proactive, and principle-cen- Appropriations of the House of Representatives. data dissemination under the program. tered. (i) AUTHORIZATION OF APPROPRIATIONS.— (c) RESEARCH.—The program of research re- (2) Assistance and training for veterans and (1) IN GENERAL.—There is authorized to be ap- quired by subsection (a) shall address the fol- their families in coping with the challenges as- propriated for the Department of Veterans Af- lowing: sociated with making the transition from mili- fairs for each of fiscal years 2008 through 2010 (1) Comorbid post-traumatic stress disorder tary to civilian life. $1,000,000 to carry out this section. and substance use disorder. (c) NON-DEPARTMENT OF VETERANS AFFAIRS (2) AVAILABILITY.—Amounts authorized to be (2) The systematic integration of treatment for ENTITY.— appropriated by paragraph (1) shall remain post-traumatic stress disorder with treatment for (1) IN GENERAL.—The Secretary shall carry available until expended. substance use disorder. out the pilot program through any for-profit or Mr. AKAKA. Mr. President, I am (3) The development of protocols to evaluate non-profit organization selected by the Sec- pleased to express my strong support care of veterans with comorbid post-traumatic retary for purposes of the pilot program that has for S. 2162, the Veterans’ Mental stress disorder and substance use disorder and demonstrated expertise and experience in the Health and Other Care Improvements to facilitate cumulative clinical progress of such provision of assistance and training described in Act of 2008, as amended. This bill in- veterans over time. subsection (b). cludes provisions on mental health (d) FUNDING.— (2) CONTRACT OR AGREEMENT.—The Secretary (1) AUTHORIZATION OF APPROPRIATIONS.— shall carry out the pilot program through a care, suicide prevention, care for sub- There is authorized to be appropriated for the non-Department entity described in paragraph stance use disorders, prevention of Department of Veterans Affairs for each of fis- (1) pursuant to a contract or other agreement homelessness, pain and epilepsy care, cal years 2008 through 2011, $2,000,000 to carry entered into by the Secretary and the entity for and other health care matters. This out this section. purposes of the pilot program. comprehensive legislation addresses (2) AVAILABILITY.—Amounts authorized to be (d) DURATION OF PILOT PROGRAM.—The pilot many critical issues facing our Na- appropriated by paragraph (1) shall be made program shall be carried out during the three- tion’s veterans. available to the National Center on year period beginning on the date of the enact- Returning home from battle does not Posttraumatic Stress Disorder for the purpose ment of this Act, and may be carried out for ad- specified in that paragraph. ditional one-year periods thereafter. necessarily bring an end to conflict. (3) SUPPLEMENT NOT SUPPLANT.—Any amount (e) LOCATION OF PILOT PROGRAM.— Servicemembers return home, but the made available to the National Center on (1) IN GENERAL.—The Secretary of Veterans war often follows them in their hearts Posttraumatic Stress Disorder for a fiscal year Affairs shall provide assistance under the pilot and minds. Their invisible wounds are

VerDate Aug 31 2005 04:45 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.026 S03JNPT1 jbell on PROD1PC69 with SENATE S4986 CONGRESSIONAL RECORD — SENATE June 3, 2008 complicated and wide-ranging, and we Senate Committee on Veterans’ Af- also encourage improved accessibility must provide all possible assistance. I fairs, including: S. 1233 as reported on for mental health care in rural areas. am working with VA Secretary James August 29, 2007; and S. 2004, S. 2142, S. The legislation also addresses home- Peake to ensure that VA is forthright 2160, and S. 2162, as ordered reported on lessness, which is far too prevalent in about the numbers of suicides and at- November 14, 2007. the veteran population. The bill would tempted suicides among veterans. I will briefly outline other provisions create targeted programs to provide as- Solid and reliable information is crit- in S. 2162, as amended. sistance for low-income veteran fami- ical to our understanding of the issues. As I mentioned, the legislation would lies. It would also allow homeless serv- Prevention of suicide is a vitally im- make sweeping changes to VA mental ice providers to receive VA funds with- portant mission. health treatment and research. Most out offsetting other sources of income A growing number of veterans are in notably, it would ensure a minimum and require that facilities which fur- need of mental health care. VA’s Spe- level of substance use disorder care for nish services to homeless veterans are cial Committee on Post-Traumatic veterans in need. It would also require able to meet the needs of women vet- Stress Disorder advised in its 2006 for- VA to improve treatment of veterans erans. mal report that virtually all returning with multiple disorders, such as PTSD The committee heard testimony that servicemembers face readjustment and substance use disorder. To ascer- epilepsy is often associated with trau- issues. An assessment of mental health tain if VA’s residential mental health matic brain injury, the injury that problems among returning soldiers, re- facilities are appropriately staffed, this many are calling the signature wound cently published in the Journal of the bill would mandate a review of such fa- of the current conflicts. This suggests American Medical Association in No- cilities. It would also create a vital re- a strong need to improve VA’s effec- vember, 2007, found that 42.4 percent of search program on PTSD and Sub- tiveness in dealing with epilepsy. The National Guard and reservists screened stance Use Disorders, in cooperation pending legislation would establish six by the Department of Defense required with, and building on the work of, the VA epilepsy centers of excellence, mental health treatment. National Center for PTSD. which will focus on research, edu- Additionally, a March 2007 study pub- Veterans with physical and mental cation, and clinical care activities in lished in the Archives of Internal Medi- wounds often turn to drugs and alcohol the diagnosis and treatment of epi- cine reported that more than one-third to ease their pain. Experts believe that lepsy. These centers would restore VA of war veterans who have served in ei- stress is the primary cause of drug to the position of leadership it once ther Iraq or Afghanistan suffer from abuse, and of relapse to drug abuse. Re- held in epilepsy research and treat- various mental ailments, including search by Sinha, Fuse, Aubin and ment. post-traumatic stress disorder, anx- O’Malley in Psychopharmacology, 2000, The medical community has made impressive advances in pain care and iety, depression, substance use disorder and by Brewer et al. in Addiction, 1998, management, but VA has lagged behind and other problems. A RAND study re- has found that patients with psycho- in implementing a standardized policy leased in April 2008, emphasized the logical trauma, including PTSD, are for dealing with pain. The bill includes high risks of PTSD and depression, es- often susceptible to alcohol and drug a provision that would establish a pain pecially among servicemembers sent abuse. Similarly, according to the Na- care program at all inpatient facilities, on multiple deployments, and among tional Institute on Drug Abuse, pa- to prevent long-term chronic pain dis- National Guard and reservists. tients subjected to chronic stress, as ability. It also provides for education Further, the RAND study found that experienced by those with PTSD, are for VA’s health care workers on pain the stigma associated with mental prone to drug use. VA has long dealt assessment and treatment, and would health care continues to prevent with substance abuse issues, but there require VA to expand research on pain servicemembers and veterans from ac- is much more than can be done. This care. cessing care. VA and the Department legislation would provide a number of I urge all of my colleagues to support of Defense must redouble their efforts solutions to enhance substance use dis- S. 2162, as amended. It has the poten- to ensure that receiving mental health order treatment. tial to bring relief and support to tens The inclusion of families in mental care does not harm one’s career. No in- of thousands of veterans and their fam- health treatment is vital. To this end, dividual is immune to the risk of men- ilies across the country. tal health problems, and all must have the bill would fully authorize VA to Mrs. BOXER. Mr. President, I ask the opportunity to receive care. provide mental health services to fami- unanimous consent that the committee On April 25, 2007, the Committee on lies of veterans and would set up a pro- substitute amendment be withdrawn, Veterans’ Affairs held a hearing on vet- gram to help veterans and families the Akaka-Burr substitute amendment erans’ mental health concerns, and on transition to civilian life. which is at the desk be agreed to; the Beneficiary travel reimbursements VA’s response. We heard heart-wrench- bill, as amended, be read a third time are essential to improving access to VA ing testimony from the witnesses. and passed; the motions to reconsider The provisions of this bill are a di- health care for veterans in rural areas. be laid upon the table, with no inter- rect outgrowth of that hearing and the This legislation would increase the vening action or debate, and any state- testimony given by those who have suf- beneficiary travel mileage reimburse- ments related to the bill be printed in fered with mental health issues, and by ment rate from 11 cents per mile to 28.5 the RECORD. their family members. Earlier versions cents per mile, and permanently set The PRESIDING OFFICER. Without of the provisions included in this bill the deductible to the 2007 amount of $3 objection, it is so ordered. were also discussed at a legislative each way. The amendment (No. 4824) was agreed hearing on October 24, 2007. It is important that veterans who to. This bill represents a bi-partisan ap- rely on VA for their health care have (The amendment is printed in today’s proach, and is cosponsored by Senators access to emergency care. This bill RECORD under ‘‘Text of Amendments.’’) BURR, ROCKEFELLER, MIKULSKI, BINGA- would make corrections to the proce- The bill (S. 2162), as amended, was or- MAN, ENSIGN, SMITH, COLLINS, CLINTON, dure used by VA to reimburse commu- dered to be engrossed for a third read- DOLE, and SESSIONS. It is a tribute to nity hospitals for emergency care pro- ing, was read the third time, and Justin Bailey, a veteran of Operation vided to eligible veterans so as to en- passed. Iraqi Freedom, who died in a VA domi- sure that both veterans and commu- f ciliary facility while receiving care for nity hospitals are not inappropriately PTSD and a substance use disorder. burdened by emergency care costs. PROVIDING FOR CERTAIN This was a tragedy that will live on Too often, veterans suffer from lack FEDERAL EMPLOYEE BENEFITS with Justin’s parents, who have so cou- of care merely because they are un- Mrs. BOXER. Mr. President, I ask rageously advocated for improvements aware of the services available to unanimous consent that the Rules to VA mental health care. them. This legislation would enhance Committee be discharged from further Provisions included in this legisla- outreach and accessibility by creating consideration of S. 2967 and that the tive package stem from bills which a pilot program on the use of peers to Senate then proceed to its consider- have all been reported favorably by the help reach out to veterans. It would ation.

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Any election MENT.—The second and third provisos under will report the bill by title. under this subparagraph shall be filed not the subheading ‘‘SENATE OFFICE BUILDINGS’’ The legislative clerk read as follows: later than the day before the transfer date. under the heading ‘‘CAPITOL BUILDINGS AND (2) NOTIFICATION TO THE OFFICE OF PER- GROUNDS’’ under the heading ‘‘ARCHITECT A bill (S. 2967) to provide for certain Fed- SONNEL MANAGEMENT.—The Office of Human eral employee benefits to be continued for OF THE CAPITOL’’ in the Legislative Resources of the Architect of the Capitol Branch Appropriations Act, 1972 (2 U.S.C. certain employees of the Senate Restaurants shall provide timely notification to the Of- after operations of the Senate Restaurants 2048) are repealed. fice of Personnel Management of any elec- (5) TRANSIT SUBSIDY.—For purposes of any are contracted to be performed by a private tion filed under paragraph (1). business concern, and for other purposes. benefit under section 7905 of title 5, United (c) CONTINUITY OF BENEFITS.— Mrs. BOXER. Mr. President, I ask States Code, any period of continuous serv- (1) PAY.—The rate of basic pay of a covered ice performed by a covered individual as an unanimous consent that the bill be individual as an employee of a contractor, or employee of a contractor, or successor con- read three times, passed, the motions successor contractor, during a period of con- tractor, shall be deemed to be a period of to reconsider be laid upon the table, tinuous service may not be reduced to a rate service as an employee of the Architect of and that any statements be printed in less than the rate of basic pay paid to that the Capitol. the RECORD. individual as an employee of the Architect of (6) EMPLOYEE PAY; GOVERNMENT CONTRIBU- The PRESIDING OFFICER. Without the Capitol on the day before the transfer TIONS; TRANSIT SUBSIDY PAYMENTS; AND OTHER date, except for cause. objection, it is so ordered. BENEFITS.— (2) RETIREMENT AND LIFE INSURANCE BENE- The bill (S. 2967) was ordered to be (A) PAYMENT BY CONTRACTOR.—A con- FITS.— engrossed for a third reading, was read tractor, or any successor to the contractor, (A) IN GENERAL.—For purposes of chapters shall pay— the third time, and passed, as follows: 83, 84, and 87 of title 5, United States Code— (i) the pay of a covered individual as an S. 2967 (i) any period of continuous service per- employee of a contractor, or successor con- formed by a covered individual as an em- Be it enacted by the Senate and House of Rep- tractor, during a period of continuous serv- ployee of a contractor, or successor con- resentatives of the United States of America in ice; Congress assembled, tractor, shall be deemed to be a period of (ii) Government contributions for the bene- service as an employee of the Architect of SECTION 1. CONTINUED BENEFITS FOR CERTAIN fits of a covered individual under paragraph SENATE RESTAURANTS EMPLOYEES. the Capitol; and (2) or (3); (a) DEFINITIONS.—In this section: (ii) the rate of basic pay of the covered in- (iii) any transit subsidy for a covered indi- (1) CONTRACTOR.—The term ‘‘contractor’’ dividual during the period described under means the private business concern that en- clause (i) shall be deemed to be the rate of vidual under paragraph (5); and ters into a food services contract with the basic pay of that individual as an employee (iv) any payment for any other benefit for Architect of the Capitol. of the Architect of the Capitol on the date on a covered individual in accordance with a (2) COVERED INDIVIDUAL.—The term ‘‘cov- which the Architect of the Capitol enters food services contract. ered individual’’ means any individual who— into the food services contract. (B) REIMBURSEMENTS AND PAYMENTS BY AR- (A) is a Senate Restaurants employee who (B) TREATMENT AS CIVIL SERVICE RETIRE- CHITECT OF THE CAPITOL.—From appropria- is an employee of the Architect of the Cap- MENT OFFSET EMPLOYEES.—In the case of a tions made available to the Architect of the itol on the date of enactment of this Act, in- covered individual who on the day before the Capitol under the heading ‘‘SENATE OFFICE cluding— transfer date is subject to subchapter III of BUILDINGS’’ under the heading ‘‘ARCHITECT (i) a permanent, full-time or part-time em- chapter 83 of title 5, United States Code, but OF THE CAPITOL’’, the Architect of the ployee; whose employment with the Architect of the Capitol shall— (ii) a temporary, full-time or part-time em- Capitol is not employment for purposes of (i) reimburse a contractor, or any suc- ployee; and title II of the Social Security Act and chap- cessor contractor, for that portion of any (iii) an employee in a position described ter 21 of the Internal Revenue Code of 1986— payment under subparagraph (A) which the under the second or third provisos under the (i) the employment described under sub- Architect of the Capitol agreed to pay under subheading ‘‘SENATE OFFICE BUILDINGS’’ paragraph (A)(i) shall, for purposes of sub- a food services contract; and under the heading ‘‘CAPITOL BUILDINGS AND chapter III of chapter 83 of title 5, United (ii) pay a contractor, or any successor con- GROUNDS’’ under the heading ‘‘ARCHITECT States Code, be deemed to be— tractor, for any administrative fee (or por- OF THE CAPITOL’’ in the Legislative (I) employment of an individual described tion of an administrative fee) which the Ar- Branch Appropriations Act, 1972 (2 U.S.C. under section 8402(b)(2) of title 5, United chitect of the Capitol agreed to pay under a 2048); States Code; and food services contract. (B) becomes an employee of the contractor (II) Federal service as defined under sec- (7) REGULATIONS.— under a food services contract on the trans- tion 8349(c) of title 5, United States Code; (A) OFFICE OF PERSONNEL MANAGEMENT.— fer date; and and (i) IN GENERAL.—After consultation with (C) with respect to benefits under sub- (ii) the basic pay described under subpara- the Architect of the Capitol, the Director of section (c)(2) or (3), files an election before graph (A)(ii) for employment described under the Office of Personnel Management shall the transfer date with the Office of Human subparagraph (A)(i) shall be deemed to be prescribe regulations to provide for the con- Resources of the Architect of the Capitol to Federal wages as defined under section tinuity of benefits under paragraphs (2) and have 1 or more benefits continued in accord- 8334(k)(2)(C)(i) of title 5, United States Code. (3). (3) HEALTH INSURANCE BENEFITS.—For pur- ance with this section. (ii) CONTENTS.—Regulations under this sub- (3) FOOD SERVICES CONTRACT.—The term poses of chapters 89, 89A, and 89B of title 5, paragraph shall— ‘‘food services contract’’ means a contract United States Code, any period of continuous (I) include regulations relating to em- service performed by a covered individual as under which food services operations of the ployee deductions and employee and em- an employee of a contractor, or successor Senate Restaurants are transferred to, and ployer contributions and deposits in the contractor, shall be deemed to be a period of performed by, a private business concern. Civil Service Retirement and Disability (4) TRANSFER DATE.—The term ‘‘transfer service as an employee of the Architect of Fund, the Employees’ Life Insurance Fund, date’’ means the date on which a contractor the Capitol. and the Employees Health Benefits Fund; begins the performance of food services oper- (4) LEAVE.— and ations under a food services contract. (A) CREDIT OF LEAVE.—Subject to section (II) provide for the Architect of the Capitol (b) ELECTION OF COVERAGE.— 6304 of title 5, United States Code, annual to perform employer administrative func- (1) IN GENERAL.— and sick leave balances of any covered indi- (A) RETIREMENT COVERAGE.—Not later than vidual shall be credited to the leave accounts tions necessary to ensure administration of the day before the transfer date, an indi- of that individual as an employee of the con- continued coverage of benefits under para- vidual described under subsection (a)(2)(A) tractor, or any successor contractor. A food graphs (2) and (3), including receipt and and (B) may file an election with the Office services contract may include provisions transmission of the deductions, contribu- of Human Resources of the Architect of the similar to regulations prescribed under sec- tions, and deposits described under subclause Capitol to continue coverage under the re- tion 6308 of title 5, United States Code, to (I), the collection and transmission of such tirement system under which that individual implement this subparagraph. information as necessary, and the perform- is covered on that day. (B) ACCRUAL RATE.—During any period of ance of other administrative functions as (B) LIFE AND HEALTH INSURANCE COV- continuous service performed by a covered may be required. ERAGE.—If the individual files an election individual as an employee of a contractor, or (B) THRIFT SAVINGS PLAN BENEFITS.—After under subparagraph (A) to continue retire- successor contractor, that individual shall consultation with the Architect of the Cap- ment coverage, the individual may also file continue to accrue annual and sick leave at itol, the Executive Director appointed by the an election with the Office of Human Re- rates not less than the rates applicable to Federal Retirement Thrift Investment Board sources of the Architect of the Capitol to that individual on the day before the trans- under section 8474(a) of title 5, United States continue coverage of any other benefit under fer date. Code, shall prescribe regulations to provide

VerDate Aug 31 2005 04:45 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G03JN6.086 S03JNPT1 jbell on PROD1PC69 with SENATE S4988 CONGRESSIONAL RECORD — SENATE June 3, 2008 for the continuity of benefits under para- (i) voluntarily separates from service on or REGARDING STATEMENTS MADE graph (2) of this subsection relating to sub- after the date of enactment of this Act, but BY THE GOVERNMENT OF THE chapter III of chapter 84 of that title. Regu- prior to the day before the transfer date; and RUSSIAN FEDERATION THAT UN- lations under this subparagraph shall include (ii) on such date of separation— DERMINE THE REPUBLIC OF regulations relating to employee deductions (I) has completed 25 years of service as de- GEORGIA and employee and employer contributions fined under section 8331(12) or 8401(26) of title and deposits in the Thrift Savings Fund. 5, United States Code; or Mrs. BOXER. Mr. President, I ask (d) COVERED INDIVIDUALS NOT ENTITLED TO (II) has completed 20 years of such service unanimous consent that the Senate SEVERANCE PAY.— and is at least 50 years of age; and proceed to the immediate consider- (1) IN GENERAL.—Except as provided under (B) except as provided under paragraph (2), ation of Calendar No. 741, S. Res. 550. paragraph (2), a covered individual shall not a covered individual— The PRESIDING OFFICER. The be entitled to severance pay under section (i) whose employment with a contractor is clerk will report the resolution by 5595 of title 5, United States Code, by reason terminated as provided under a food services title. of— contract during the 90-day period following The legislative clerk read as follows: (A) separation from service with the Archi- the transfer date; and tect of the Capitol and becoming an em- A resolution (S. Res. 550) expressing the (ii) on the date of such termination— sense of the Senate regarding provocative ployee of a contractor under a food services (I) has completed 25 years of service as de- and dangerous statements made by the gov- contract; or fined under section 8331(12) or 8401(26) of title ernment of the Russian Federation that un- (B) termination of employment with a con- dermine the territorial integrity of the Re- tractor, or successor to a contractor. 5, United States Code; or (II) has completed 20 years of such service public of Georgia. (2) SEPARATION DURING 90-DAY PERIOD.— (A) IN GENERAL.— and is at least 50 years of age. There being no objection, the Senate (i) COVERED INDIVIDUALS.—Except as pro- (2) EXCEPTION.—Paragraph (1)(B) shall not proceeded to consider the resolution. vided under clause (ii), a covered individual apply to a covered individual who is termi- Mrs. BOXER. Mr. President, I ask shall be entitled to severance pay under sec- nated for cause. unanimous consent that the resolution tion 5595 of title 5, United States Code, if (3) TREATMENT.— be agreed to, the preamble be agreed during the 90-day period following the trans- (A) ANNUITY.—Notwithstanding any provi- to, the motions to reconsider be laid on fer date the employment of that individual sion of chapter 83 or 84 of title 5, United the table, with no intervening action with a contractor is terminated as provided States Code, an employee described under or debate, and that any statements re- under a food services contract. paragraph (1) is entitled to an annuity which lated to the resolution be printed in (ii) EXCEPTION.—Clause (i) shall not apply shall be computed consistent with the provi- the RECORD. to a covered individual who is terminated for sions of law applicable to annuities under The PRESIDING OFFICER. Without cause. section 8336(d) or 8414(b) of title 5, United (B) TREATMENT.—For purposes of section States Code. objection, it is so ordered. The resolution (S. Res. 550) was 5595 of title 5, United States Code— (B) SEPARATION DURING 90-DAY PERIOD.—For (i) any period of continuous service per- purposes of chapter 83 or 84 of title 5, United agreed to. formed by a covered individual described States Code— The preamble was agreed to. under subparagraph (A) as an employee of a (i) any period of continuous service per- The resolution, with its preamble, contractor shall be deemed to be a period of formed by a covered individual described reads as follows: service as an employee of the Architect of under paragraphs (1)(B) and (2) as an em- S. RES. 550 the Capitol; and ployee of a contractor shall be deemed to be Whereas, since 1993, the territorial integ- (ii) any termination of employment of a a period of service as an employee of the Ar- rity of the Republic of Georgia has been re- covered individual described under subpara- chitect of the Capitol; and affirmed by the international community graph (A) with a contractor shall be treated (ii) any termination of employment of a and 32 United Nations Security Council reso- as a separation from service with the Archi- covered individual described under para- lutions; tect of the Capitol. graphs (1)(B) and (2) with a contractor shall Whereas the Government of the Republic (e) VOLUNTARY SEPARATION INCENTIVE PAY- be treated as a separation from service with of Georgia has pursued with good faith the MENTS.— the Architect of the Capitol. peaceful resolution of territorial conflicts in (1) SUBMISSION OF PLAN.—Not later than 30 the regions of Abkhazia and South Ossetia days after the date of enactment of this Act, (g) CONGRESSIONAL ACCOUNTABILITY ACT OF since the end of hostilities in 1993; the Architect of the Capitol shall submit a 1995.— Whereas President of Georgia Mikheil plan under section 210 of the Legislative (1) EMPLOYEES OF THE ARCHITECT OF THE Saakashvili has offered a clear plan for re- Branch Appropriations Act, 2005 (2 U.S.C. CAPITOL.—Section 101(5) of the Congressional solving the conflict in Abkhazia and securing 60q) to the applicable committees as pro- Accountability Act of 1995 (2 U.S.C. 1301(5)) is legitimate interests of the Abkhaz and South vided under that section. amended by striking ‘‘, the Botanic Garden, Ossetian people within a unified Georgia; (2) PLAN.— or the Senate Restaurant’’ and inserting ‘‘or Whereas, for several years, the Govern- (A) IN GENERAL.—Notwithstanding section the Botanic Garden’’. ment of Russia has engaged in an ongoing 210(e) of the Legislative Branch Appropria- (2) DISABILITIES.—Section 210(a)(7) of the process of usurping the sovereignty of Geor- tions Act, 2005 (2 U.S.C. 60q(e)), the plan sub- Congressional Accountability Act of 1995 (2 gia in Abkhazia and South Ossetia by award- mitted under this subsection shall— U.S.C. 1331(a)(7)) is amended by striking ‘‘the ing subsidies, the right to vote in elections (i) offer a voluntary separation incentive Senate Restaurants and the Botanic Garden’’ in Russia, and Russian passports to people payment to any employee described under and inserting ‘‘the Botanic Garden’’. living in those regions; subsection (a)(2)(A) of this section in accord- (3) CONTINUING APPLICATION TO CERTAIN Whereas the announcement of the Govern- ance with section 210 of that Act; and ACTS AND OMISSIONS.—For purposes of the ment of the Russian Federation that it will (ii) offer such a payment to any such em- Congressional Accountability Act of 1995 (2 establish ‘‘official ties’’ with the breakaway ployee who becomes a covered individual, if U.S.C. 1301 et seq.) a covered individual shall regions of Abkhazia and South Ossetia and that individual accepts the offer during the further involve itself in aspects of their gov- 90-day period following the transfer date. be treated as an employee of the Architect of the Capitol with respect to any act or omis- ernment appears to be a thinly veiled at- (B) TREATMENT OF COVERED INDIVIDUALS.— tempt at annexation; sion which occurred before the transfer date. For purposes of the plan under this sub- Whereas the statements and counter-pro- section— (h) DEPOSIT OF COMMISSIONS.— ductive behavior of the Government of the (i) any period of continuous service per- (1) SENATE RESTAURANTS FOOD SERVICES Russian Federation in these regions has un- formed by a covered individual as an em- CONTRACT.—Any commissions paid by a con- dermined the peace and security of those re- ployee of a contractor shall be deemed to be tractor under a food services contract shall gions, the Republic of Georgia, and the re- a period of service as an employee of the Ar- be deposited in the miscellaneous items ac- gion as a whole; and chitect of the Capitol; and count within the contingent fund of the Sen- Whereas the consistent effort to undermine (ii) any termination of employment of a ate. the sovereignty of a neighbor is incompat- covered individual with a contractor shall be (2) USE OF FUNDS.—Any funds deposited ible with the role of the Russian Federation treated as a separation from service with the under paragraph (1) shall be available for ex- as one of the world’s leading powers and is Architect of the Capitol. penditure in the same manner as funds ap- inconsistent with the commitments to inter- (f) EARLY RETIREMENT TREATMENT FOR propriated into that account. national peacekeeping made by the Govern- CERTAIN SEPARATED EMPLOYEES.— ment of the Russian Federation: Now, there- (i) EFFECTIVE DATE.—This Act shall take (1) IN GENERAL.—This subsection applies fore, be it to— effect on the date of enactment of this Act Resolved, That the Senate— (A) an employee of the Senate Restaurants and apply to the remainder of the fiscal year (1) condemns recent decisions made by the of the Office of the Architect of the Capitol in which enacted and each fiscal year there- Government of the Russian Federation to es- who— after. tablish ‘‘official ties’’ with the breakaway

VerDate Aug 31 2005 04:45 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.027 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4989 regions of Abkhazia and South Ossetia, a The resolution (S. Res. 581) was PROGRAM process that further impedes reconciliation agreed to. between those regions and the Government Mrs. BOXER. Mr. President, under a The preamble was agreed to. previous order, the Senate will proceed of Georgia and violates the sovereignty of The resolution, with its preamble, the Republic of Georgia and the commit- to a vote on adoption of the budget ments of the Government of the Russian reads as follows: conference report at approximately Federation to international peacekeeping; S. RES. 581 11:45 a.m. tomorrow morning. Fol- (2) calls upon the Government of the Rus- Whereas Huntington’s Disease is a progres- lowing the vote on adoption of the sian Federation to disavow this policy, sive degenerative neurological disease that budget conference report, I expect the which gives the appearance of being moti- causes total physical and mental deteriora- Senate to begin consideration of the vated by an appetite for annexation; tion over a 12 to 15 year period; climate security legislation. (3) affirms that the restoration of the terri- Whereas each child of a parent with Hun- torial integrity of the Republic of Georgia is tington’s Disease has a 50 percent chance of f in the interest of all who seek peace and sta- inheriting the Huntington’s Disease gene; bility in the region; Whereas Huntington’s Disease typically ORDER FOR ADJOURNMENT (4) urges all parties to the conflicts in the begins in mid-life, between the ages of 30 and Mrs. BOXER. Mr. President, if there Republic of Georgia and governments around 45, though onset may occur as early as the is no further business to come before the world to eschew rhetoric that escalates age of 2; the Senate, I ask unanimous consent tensions and undermines efforts to negotiate Whereas children who develop the juvenile that it stand adjourned under the pre- a settlement to the conflicts; and form of the disease rarely live to adulthood; (5) commends the Government of Georgia Whereas the average lifespan after onset of vious order, following the remarks of for acting with restraint in the face of seri- Huntington’s Disease is 10 to 20 years, and Senators DOLE, INHOFE, and ENZI. ous provocation. the younger the age of onset, the more rapid The PRESIDING OFFICER. Without f the progression of the disease; objection, it is so ordered. Whereas Huntington’s Disease affects Mrs. BOXER. I thank the Chair. AUTHORIZING THE USE OF THE 30,000 patients and 200,000 genetically ‘‘at The PRESIDING OFFICER. The sen- CAPITOL GROUNDS risk’’ individuals in the United States; ior Senator from North Carolina is rec- Mrs. BOXER. Mr. President, I ask Whereas, since the discovery of the gene ognized. that causes Huntington’s Disease in 1993, the unanimous consent that the Senate pace of Huntington’s Disease research has f proceed to the immediate consider- accelerated; ation of H. Con. Res. 309 which was re- Whereas, although no effective treatment CLIMATE SECURITY ACT ceived from the House. or cure currently exists, scientists and re- Mrs. DOLE. Mr. President, nearly a The PRESIDING OFFICER. The searchers are hopeful that breakthroughs year ago, I began working on the Cli- clerk will report the concurrent resolu- will be forthcoming; mate Security Act with two Senators, tion by title. Whereas researchers across the Nation are both of whom I also serve with on the The legislative clerk read as follows: conducting important research projects in- volving Huntington’s Disease; and Armed Services Committee. As mem- A concurrent resolution (H. Con. Res. 309) Whereas the Senate is an institution that bers of that committee, we have authorizing the use of the Capitol Grounds can raise awareness in the general public and worked together to write and pass de- for the District of Columbia Special Olym- the medical community of Huntington’s Dis- fense authorization bills to strengthen pics Law Enforcement Torch Run. ease: Now, therefore, be it our national security and support our There being no objection, the Senate Resolved, That the Senate— military. Senators JOE LIEBERMAN and proceeded to consider the concurrent (1) designates June 6, 2008, as ‘‘National JOHN WARNER have moved the issue of resolution. Huntington’s Disease Awareness Day’’; climate security forward in the Amer- Mrs. BOXER. Mr. President, I ask (2) recognizes that all people of the United States should become more informed and ican dialogue, and I join them in that unanimous consent that the concur- aware of Huntington’s Disease; and effort. rent resolution be agreed to, the mo- (3) respectfully requests the Secretary of I understand this bill is viewed by tion to reconsider be laid upon the the Senate to transmit a copy of this resolu- most as an environmental bill—which table, with no intervening action or de- tion to the Huntington’s Disease Society of it is—but it is also essential to our na- bate, and any statements related to the America. tional security. Just a few weeks ago, measure be printed in the RECORD. f Secretary of Defense Robert Gates The PRESIDING OFFICER. Without talked about the threats our Nation objection, it is so ordered. ORDERS FOR WEDNESDAY, JUNE 4, faces. He said, ‘‘Rather than one, single The concurrent resolution (H. Con. 2008 entity—the Soviet Union—and one, sin- Res. 309) was agreed to. Mrs. BOXER. Mr. President, I ask gle animating ideology—communism— f unanimous consent that when the Sen- we are instead facing challenges from ate completes its business today, it multiple sources: a new, more malig- DESIGNATING JUNE 6, 2008, AS stand adjourned until 9:30 a.m. tomor- nant form of terrorism inspired by ‘‘NATIONAL HUNTINGTON’S DIS- row, Wednesday, June 4; that following jihadist extremism, ethnic strife, dis- EASE AWARENESS DAY’’ the prayer and the pledge, the Journal ease, poverty, climate change, failed Mrs. BOXER. Mr. President, I ask of proceedings be approved to date, the and failing states, resurgent powers, unanimous consent that the Senate morning hour be deemed to have ex- and so on.’’ Of the threats Secretary now proceed to the consideration of S. pired, the time for the two leaders be Gates articulated, we know the pre- Res. 581, which was submitted earlier reserved for their use later in the day, dicted negative ramifications of cli- today. and there then be a period of morning mate change could initiate a chain-re- The PRESIDING OFFICER. The business until 11:30 a.m., with Senators action of events such as severe drought clerk will report. permitted to speak for up to 10 minutes or floods that diminish food supply and The assistant legislative clerk read each, with the time equally divided and displace millions of people. as follows: controlled between the two leaders or Additionally, last year 11 retired A resolution (S. Res. 581) designating June their designees, with the majority con- three-star and four-star admirals and 6, 2008 as ‘‘National Huntington’s Disease trolling the first 30 minutes, and the generals issued a report, National Se- Awareness Day.’’ Republicans controlling the second 30 curity and the Threat of Climate There being no objection, the Senate minutes; and that, at 11:30 a.m., the Change. They had four primary find- proceeded to consider the resolution. Senate consider the budget resolution ings: (1) Projected climate change Mrs. BOXER. Mr. President, I ask conference report as under the previous poses a serious threat to America’s na- unanimous consent that the resolution order. I further ask unanimous consent tional security; (2) Climate change acts be agreed to, the preamble be agreed that the time during any adjournment as a threat multiplier for instability in to, and the motions to reconsider be or morning business count against clo- some of the most volatile regions of laid upon the table. ture. the world; (3) Projected climate change The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without will add to tensions even in stable re- objection, it is so ordered. objection, it is so ordered. gions of the world; and (4) Climate

VerDate Aug 31 2005 06:26 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.039 S03JNPT1 jbell on PROD1PC69 with SENATE S4990 CONGRESSIONAL RECORD — SENATE June 3, 2008 change, national security and energy clearly aware that our dependence on It is time to put more dollars back in dependence are a related set of global foreign oil is far too dangerous and the hands of Americans instead of for- challenges. At the release of this re- much too costly. A significant amount eign dictators. Our energy independ- port, retired General and former Army of our oil comes from the Middle East, ence will drive our economic success. Chief of Staff Gordon Sullivan said, Russia and Venezuela—three parts of In keeping our economy the envy of ‘‘People are saying they want to be the world that do not have U.S. inter- the world, it is important to note that perfectly convinced about climate ests in mind in their oil production. As not addressing climate change is a science projections, but speaking as a former Director of Central Intelligence costly course of action. The Stern Re- soldier, we never have 100 percent cer- James Woolsey noted, ‘‘we’re paying view, the leading analysis of the eco- tainty. If you wait until you have 100 for both sides in the war on terror.’’ At nomic aspects of climate change con- percent certainty, something bad is approximately $130 per barrel of oil, we ducted by Sir Nicholas Stern, former going to happen on the battlefield.’’ are enriching, by billions of dollars, the chief economist at the World Bank, es- Adding to this concern, a joint report likes of Iran’s Ahmadinejad, Russia’s timates that the monetary cost of in- issued by the Center for Strategic and Putin, and Venezuela’s Chavez. They action is equivalent to losing at least 5 International Studies and Center for a are flush with oil cash and are percent, or $2.4 trillion, of global gross New American Security, has made leveraging their influence against ours domestic product each year. clear that we are now in the age of con- with Beijing and New Delhi in a geo- Indeed, delaying action comes at a sequences regarding the foreign policy political chess match. cost! Paul Volcker, former Federal Re- and national security implications of We must shift away from our depend- serve Chairman under President Ron- global climate change. The con- ence on foreign oil, and this bill, prob- ald Reagan stated, ‘‘If we don’t take sequences range from expected to cata- ably more than any other the Congress action on climate change, you can be strophic, and a key finding is that the has ever considered, provides the re- sure that our economies will go down United States must come to terms with sources and framework to do just that. the drain in the next 30 years.’’ climate change. According to the re- Under this bill, the Natural Resources The National Academy of Sciences port, we can expect strengthened geo- Defense Council estimates oil imports stated this year that global warming political influence by fuel exporting to drop to 35 percent of total U.S. oil threatens roads, rail lines, ports, and countries, and a correlating weakened supply by 2030, compared to the ap- airports. America’s global competitive- strategic and economic influence by proximately 60 percent of foreign oil ness is also at stake on this issue. importers of all fuels. We can expect imports we rely on today. In fact, by We used to be the leader in wind, many more consequences, but in short, 2025 oil imports are expected to drop to solar, nuclear, and other low-carbon the intersection of climate change and around 6 million barrels per day, the energy. Acting on climate change first the security of nations will become a lowest point since 1986. That is a sav- puts the United States in a position to develop and own new technologies and defining reality in the years ahead. We ings of more than 8 million barrels a all the jobs that come with them. We cannot ignore the costs of inaction and day—more oil than the United States have never ceded ground on American we cannot leave these massive security currently imports from OPEC. We competitiveness to China, India, and concerns to the next generation. achieve these reductions through an This is not a perfect bill, and a per- overall reduction in demand, and in- other developing countries, nor should fect bill likely does not exist. However, creased domestic oil production due to we on this issue. We do not address cli- the fundamental approach of this bill— increased use of Enhanced Oil Recov- mate change without the entire world providing a market driven system—is ery—a process by which we sequester playing a role, but we also do not ad- dress it by waiting for others to act. the right way to address climate carbon from power plants to derive And we can take action in a way that change. more oil from the ground. What all this I am disappointed that this bill fails means for families is that under this continues to grow our economy. With the right policy that spurs in- to consider the need for more nuclear bill, the average household will pay 13 vestment and innovation, we can de- energy in the United States. Patrick to 17 percent less for transportation ploy new technologies that will cut our Moore, co-founder of Greenpeace made fuels in 2020 than they did in 2007. This emissions and not change our life- the need for nuclear energy clear when is a savings of up to $530 a year at the styles. We have an opportunity to seize he wrote, ‘‘. . . my views have changed, pump for Americans. these new technologies, or we can wait and the rest of the environmental The long-term outlook is positive for and cede ground to others. weaning ourselves off of foreign oil, but movement needs to update its views, The status quo just will not work, there is a major flaw in this bill in that too, because nuclear energy may just not this time and not on this issue. The be the energy source that can save our it does not address our near-term en- current path is untenable. It leaves the planet from another possible disaster: ergy needs for more domestic oil and future of our economy in the hands of catastrophic climate change.’’ In order natural gas exploration and produc- volatile and unfriendly nations from to meet all of the projected models for tion. Increased oil and natural gas ac- which we import oil. It allows the quiet reducing our greenhouse gas emissions, cess here at home is essential to low- growth of the predicted negative rami- we need a nuclear renaissance in this ering the high fuel costs consumers are fications of climate change that na- country, and this bill must be the vehi- feeling today and for keeping them low tional security experts have cautioned cle by which we advance that renais- in the early years of this bill. Lower us about. And it leaves us less competi- sance. Nuclear energy, after decades of fuel costs will get our economy back on tive in new and green technologies. dormancy, must be given an oppor- track and increase our energy security. Cap and trade, first adopted for acid tunity to be an affordable and reliable Unfortunately, efforts to allow that ac- rain under the 1990 Clean Air Act energy choice for consumers. Wind and cess to our American resources have amendments, is an American environ- solar will play a role in our low-carbon been blocked for years by our friends mental and economic success story. energy needs, but as of now they are across the aisle. The high cost of fuel is There is no doubt that this is a much not reliable, and cannot provide the unsustainable, and we must take ac- greater challenge and one that affects base load electricity generation that is tion to increase our domestic energy every sector of the economy. We have needed, and that which nuclear energy, supply—this means we must explore the ability to repeat that success. Our can provide. Nuclear is safe, reliable, and produce here at home. At a time constituents do not send us to Wash- low-cost energy and those who oppose when Americans are experiencing ington to sit back and do the easy it will find themselves in the precar- record high oil prices, we must begin things. Rather, they send us here to ious position of being unable to seri- exploration in areas such as the Gulf of have the courage to tackle the chal- ously confront climate change. Mexico and in remote areas of Alaska lenges. We have a solution to low-cost elec- where the local population supports it. This may be one of the hardest tricity generation in nuclear energy, There is no silver bullet, but there are things we do, but as American leaders, and we also have a solution to high fuel commonsense solutions that we must we have a responsibility to lead. We costs—the answer is more domestic ex- move forward, in the wake of $4 per have a responsibility to find common- ploration here at home. Americans are gallon gasoline. sense solutions to the hard problems

VerDate Aug 31 2005 04:45 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A03JN6.043 S03JNPT1 jbell on PROD1PC69 with SENATE June 3, 2008 CONGRESSIONAL RECORD — SENATE S4991 and not be afraid of carrying out those move with 100 different facial expres- it needs to be done, not because some- solutions. sions—with the tongue in, the tongue one will give them acclaim. A clean environment and economic out, yawns, eyes closed and eyes wide, Some would say that you, my grand- and national security should not be Re- and listened to all the little sounds she daughter, Megan Riley McGrady, have publican or Democratic issues. These made. I watched her hands close to been born at a scary time, a time of are American issues. We have the op- tight fists and then open as if to fear, fear of almost everybody, fear of portunity to lead and to change the en- stretch. Of course, I had to let my wife war, fear of people from other coun- tire landscape of this dialog. Diana hold her a little, too, and tries, fear for our neighborhoods, worry Mr. President, I yield the floor. Megan’s mom and dad, Emily and about energy supplies and energy The PRESIDING OFFICER. The sen- Mike, wanted a turn, too, and Mike’s prices and the effect on food prices. ior Senator from Wyoming is recog- parents, Tom and Mary McGrady, came As an Enzi, we have faith that doing nized. all the way from Florida and, of course, the right thing, doing our best, and Mr. ENZI. Mr. President, I get to they wanted turns, too. treating others as they want to be change the dialog completely. I ask It was a grand time for our family. I treated will solve most problems which unanimous consent to share joy as in have some instant replay memories of will overcome fear. morning business. that little face and those moving hands The PRESIDING OFFICER. Without In my job, I get to hear lots of dispar- and the blanket and cap to hold in the objection, it is so ordered. aging comments about our country and body heat or the little pink bow on a our Government, but you, grand- f pink band circling her tiny head. They daughter, were very lucky to be born in THE BIRTH OF MEGAN RILEY are all locked in my mind, and I am this country. I have been to a lot of MCGRADY constantly doing little instant replay places in the world now, and I can tell Mr. ENZI. Mr. President, I get to an- memories for myself and thanking God you that there are none that I would nounce to my Senate family that I am for the opportunities that he has given trade for the United States. In my job, a grampa again. Incidentally, that is me from finding Diana to learning I often have to remind people that I spelled with an ‘‘m’’ and no ‘‘d,’’ about prayer with our first child, the never hear about anybody trying to get grampa, the greatest title anyone can daughter who was born premature, who out of our country, but I do hear of have. It is an indescribable thrill. It is showed us how worthwhile fighting for millions who would love to live here. incredible love. You cannot com- life is, to the birth of our son, to the As you get older, precious baby, if prehend all of what I am saying unless birth of our youngest daughter, this things don’t change, you will hear peo- you have a grandchild. one who had the baby, to helping me ple who think Government owes them I have two other grandchildren, but through open heart surgery so I might a living and all kinds of guarantees, this time Diana’s and my youngest have this chance to hold another gen- and you will hear people portray busi- child, the baby of the family, had a eration in my hands. ness as greedy, and you will see at- baby. Emily and her husband Mike, I think of the Prayer of Jabez in tempts to keep faith and God out of Mike McGrady, met at the University Chronicles where he says: Lord, please your vocabulary. And all those things of Wyoming. Mike broke family Flor- continue to bless me, indeed. And I add could come to pass, except for you, you ida University Gator tradition to come my thanks for this and all the bless- and your family, you and others who to Wyoming, but it was part of God’s ings noticed and, unfortunately, often will know how to do the right thing plan. Emily and Mike fell in love and unnoticed. and will value the way our country was got married. Emily worked for the uni- So now I am a grampa. That is not founded and has grown. versity while Mike went to law school. grandfather. That is too stilted. Years Megan, granddaughter, welcome to When he graduated, he got a job clerk- ago, my daughter gave me a hand- this world of promise and hope and ing for Federal Circuit Court Judge stitched wall hanging that says: ‘‘Any faith and love. Your whole family is ex- Terry O’Brien. man can be a father, but it takes some- cited to have you in our lives. Last year they bought a house. This one special to be a dad.’’ I yield the floor. year, they called to ask what we were That is a challenge for grampas to The PRESIDING OFFICER. The Pre- planning to do for Memorial Day and live up to, too. Please note the name is siding Officer congratulates and shares suggested we might want to be near not ‘‘grandpa.’’ That is a great title, in the joy of the senior Senator from them for the birth of our grandchild. but it is a little too elevated. As I said Wyoming. We were near. Our daughter Emily and before, my name, grampa, is spelled f her daughter Megan had extremely for- with an ‘‘m’’ and no ‘‘d.’’ That is what tunate timing for Diana and me. Diana I called my Grampa Bradley who took ADJOURNMENT UNTIL 9:30 A.M. and I were in Wyoming for the work- me on some wonderful adventures and TOMORROW week. Some call it a recess. I prefer to taught me a lot of important lessons. The PRESIDING OFFICER. Under Now it is my turn to live up to that call it, more accurately, a workweek. the previous order, the Senate stands valued name. He liked to be called The baby started coming almost on adjourned until 9:30 tomorrow morn- grampa, and I am now delighted to schedule. We went to the hospital when ing, Wednesday, June 4. have the opportunity to earn that Emily went into labor. The family took Thereupon, the Senate, at 8:54 p.m., name. I wish I could adequately share turns walking the halls with Emily adjourned until Wednesday, June 4, the joy with you that is in my heart. while she could. After 13 hours of labor, 2008, at 9:30 a.m. mother and baby were getting so tired After Megan was born, I went to the the doctor suggested—strongly sug- Republican Convention. When I spoke, f gested—a Cesarean section to take the I mentioned my mom’s admonition NOMINATIONS baby. When nothing is progressing, that I need to pass on to my grand- there is no other decision. Surgery is children; that is, to do what is right, to Executive nominations received by always a scary decision. do your best, to treat others as they the Senate: But at 8:33 on May 29, we had a want to be treated. I use that guideline CORPORATION FOR PUBLIC BROADCASTING granddaughter, Megan Riley McGrady. every day and expect everyone on my CHERYL FELDMAN HALPERN, OF NEW JERSEY, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE COR- She weighed 6 pounds, 14 ounces, and staff to measure legislation and case- PORATION FOR PUBLIC BROADCASTING FOR A TERM EX- was 20 inches long with delicate hands work by it too. PIRING JANUARY 31, 2014. (REAPPOINTMENT) Now I have an additional measure for DAVID H. PRYOR, OF ARKANSAS, TO BE A MEMBER OF and long, thin fingers. I cannot begin THE BOARD OF DIRECTORS OF THE CORPORATION FOR to share the emotion and feeling that myself. I don’t ever want my grandkids PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- to say: My grampa could have fixed ARY 31, 2014. (REAPPOINTMENT) overwhelms me today. It is such an in- BRUCE M. RAMER, OF CALIFORNIA, TO BE A MEMBER credible feeling to hold another genera- that, but he didn’t. I do know that OF THE BOARD OF DIRECTORS OF THE CORPORATION most of what I do fix they will never FOR PUBLIC BROADCASTING FOR A TERM EXPIRING JAN- tion in your hands, to see such a minia- UARY 31, 2012, VICE WARREN BELL. ture person and such a huge miracle. know about. That is how America is ELIZABETH SEMBLER, OF FLORIDA, TO BE A MEMBER I had the pleasure of holding that supposed to work. America is a lot of OF THE BOARD OF DIRECTORS OF THE CORPORATION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING JAN- baby and watching her breathe and people doing their job, doing it because UARY 31, 2014, VICE CLAUDIA PUIG, TERM EXPIRED.

VerDate Aug 31 2005 04:45 Jun 04, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4624 Sfmt 9801 E:\CR\FM\G03JN6.091 S03JNPT1 jbell on PROD1PC69 with SENATE S4992 CONGRESSIONAL RECORD — SENATE June 3, 2008 LORETTA CHERYL SUTLIFF, OF NEVADA, TO BE A MEM- To be major To be captain BER OF THE BOARD OF DIRECTORS OF THE CORPORA- TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING CHRISTINE CORNISH KENNETH D. LAPOLLA JANUARY 31, 2012, VICE FRANK HENRY CRUZ, TERM EX- ALANE D. DURAND STEPHEN W. PAULETTE PIRED. WILLIAM R. MOORE BRYAN W. SHIELDS DAVID G. WATSON DEPARTMENT OF STATE CAROLYN B. WAGONER IN THE NAVY JOSEPH R. WILLIE II JAMES CULBERTSON, OF NORTH CAROLINA, TO BE AM- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE UNITED STATES OF AMERICA TO THE KINGDOM OF TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE NETHERLANDS. RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: W. STUART SYMINGTON, OF MISSOURI, A CAREER MEM- To be captain BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- To be captain SELOR, TO BE AMBASSADOR EXTRAORDINARY AND MICHAEL J. MCCORMACK BRUCE BENNETT PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA WILLIAM H. BRAGDON, JR. TO THE REPUBLIC OF RWANDA. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ALAN W. EASTHAM, JR., OF ARKANSAS, A CAREER TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEWART A. BRAZIN RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF JOE P. CALDWELL MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- To be captain JOSEPH F. CHESKY DINARY AND PLENIPOTENTIARY OF THE UNITED STATES EDWARD R. GILLETT OF AMERICA TO THE REPUBLIC OF THE CONGO. GREGG P. LOMBARDO DALE W. GREENWOOD CHARLES J. NEWBURY DANIEL E. KAHLER EUROPEAN BANK FOR RECONSTRUCTION AND CHRISTOPHER M. KUSHNER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL D. LANE DEVELOPMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY GARY P. LESSMANN RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: KENNETH L. PEEL, OF MARYLAND, TO BE UNITED THOMAS J. MANSKI STATES DIRECTOR OF THE EUROPEAN BANK FOR RECON- To be captain JONATHAN E. MATSON STRUCTION AND DEVELOPMENT, VICE MARK SULLIVAN, MICHAEL D. MCBETH DANIEL L. GARD RESIGNED. MICHAEL F. MCGRATH DANA C. REED MARIA H. MELBOURNE DEPARTMENT OF JUSTICE WILLIAM A. WILDHACK III MATTHEW E. NORMAN DENNIS MICHAEL KLEIN, OF KENTUCKY, TO BE UNITED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS J. PATTON STATES MARSHAL FOR THE EASTERN DISTRICT OF KEN- TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT K. RINEER TUCKY FOR THE TERM OF FOUR YEARS, VICE JOHN RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: SCHICKEL, RESIGNED. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be captain TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE ARMY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MARK S. BELLIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LOUIS A. BODNAR IN THE UNITED STATES ARMY TO THE GRADE INDICATED STEPHEN M. COOK To be captain WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DAVID S. COX DANIEL K. BEAN RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MARK J. FUNG BARRY R. BLANKFIELD RONALD D. GRUZESKY BRADLEY J. CORDTS To be lieutenant general JOSEPH M. HINSON III DANA T. DYSON DAVID F. MARASCO MAJ. GEN. RICKY LYNCH FRANKLIN J. FOIL MICHAEL R. MERINO HANS P. GRAFF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROGER A. MOTZKO BETH A. HARRIS TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- FREDERICK A. MUCKE BRUNO W. KATZ TIONS 3064 AND 3069(B): JAMES A. MUIR MICHAEL J. PINSONEAULT SHERI L. LEWIS To be major general CRAIG A. SCHARTON GREGORY P. NOONE ALAN W. TODD LESLIE E. REARDANZ III COL. PATRICIA D. HOROHO DALE K. UYEDA MICHAEL B. SHAW THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALAN N. WATT DAVID J. SMITH TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- DAVID K. WILL JOHN T. WOOLDRIDGE TIONS 3064 AND 3084: STEVEN R. WOLFE TED Y. YAMADA To be brigadier general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY COL. TIMOTHY K. ADAMS RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: IN THE AIR FORCE To be captain To be captain THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FREDERICK H. BOYLES TO THE GRADE INDICATED IN THE UNITED STATES AIR BARRY L. BROWN GLORIA M. BAISEY FORCE AND AS PERMANENT PROFESSOR AT THE UNITED REID W. CHAMBERS JANIE C. R. BRIER STATES AIR FORCE ACADEMY, UNDER TITLE 10, U.S.C., LEE A. GAUL SCOT K. CANFIELD SECTIONS 9333(B) AND 9336(A): MARK S. GHIRARDI REBECCA A. CRICHTON JULIE A. HAMMOND DEBRA T. CROWELL To be colonel GREGORY K. HORNSBY ANDREA A. DEMELLOSTEVERS FLEURETTE S. ETIENNE ANDREW P. ARMACOST JEFFREY T. JOHNSON LOU A. LANIER LINDA D. GEISAKA THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JAMES B. LATHAM JUDY L. HANSEN MENT TO THE GRADE INDICATED IN THE REGULAR AIR STEPHAN K. OLIVER DONNA M. HORN FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): CHARLES I. RINK MARY J. ISAACSON JAMES R. SILLS ROSALIE G. KORSON To be lieutenant colonel ALLISON M. WELDON MARY A. KROETCH LORI J. LAVELLEJARDIN HANS C. BRUNTMYER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NANCY A. E. MACE TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- KIMBERLY M. G. MATTHEWS RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: MENT TO THE GRADES INDICATED IN THE REGULAR AIR EDWARDO T. MUNOZ FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): To be captain SHARON C. NEWTON MARY E. NORGAARD To be lieutenant colonel ESTHER E. BURLINGAME SUSAN S. PAPE GEORGE H. FUTCH, JR. KATHLEEN F. PUTNAM DWIGHT PEAKE GREGORY E. GOMER ELIZABETH A. REISER KRISTIN K. SAENZ MICHAEL W. HARTFORD RUTH E. RIDDLES VICTOR M. HUERTAS To be major DEBRA S. SCHEEL IVES C. MAZUR JAMES R. SEXTON BRENT D. MARTIN MICHAEL J. MEDINA TREVOR S. PETROU KIMBERLY K. PELLACK NANCY A. SUSICK LISA A. TABENKEN THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN F. TERMINI POINTMENT IN THE GRADE INDICATED IN THE UNITED TO THE GRADE INDICATED IN THE UNITED STATES NAVY ELAINE K. WALKER STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: PATRICIA L. WEST

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