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, THURSDAY, JUNE 5, 2008 No. 92 Senate The Senate met at 9:30 a.m. and was PLEDGE OF ALLEGIANCE Rev. Steven Ailes from Peru, IN. Rev- called to order by the Honorable MARK The Honorable MARK L. PRYOR led erend Ailes has served in seven church- L. PRYOR, a Senator from the State of the Pledge of Allegiance, as follows: es in Indiana. He is a civic leader in Arkansas. Peru as president of the Rotary Club I pledge allegiance to the Flag of the United States of America and to the Repub- and has been the chairman and a mem- ber of many foundations. He has PRAYER lic for which it stands, one nation under God, indivisible, with liberty and justice for all. brought students to this Capitol from The PRESIDING OFFICER. Today’s f Peru, IN, with regularity. opening prayer will be offered by guest I have known Reverend Ailes well be- APPOINTMENT OF ACTING Chaplain Rev. Steven N. Ailes, Main cause of his son Justin who is a distin- PRESIDENT PRO TEMPORE Street United Methodist Church, Peru, guished graduate of the University of IN. The PRESIDING OFFICER. The Indianapolis and who came onto my clerk will please read a communication The guest Chaplain offered the fol- staff and served for many years as a to the Senate from the President pro lowing prayer: very able public servant. It has been a tempore (Mr. BYRD). privilege to be reunited this morning Let us pray. The legislative clerk read the fol- with Justin and with his dad. Gracious God, Lord of all that is good lowing letter: Let me say that Reverend Ailes is a and beautiful and perfect, we come to U.S. SENATE, genuine Hoosier, born in Valparaiso, pray for Your blessing upon this gath- PRESIDENT PRO TEMPORE, IN. He completed his undergraduate de- ering of U.S. Senators. We ask for the Washington, DC, June 5, 2008. grees at Lawrence University in Apple- guidance of Your holy spirit upon the To the Senate: ton, WI, but came back to Ball State work they do for this one Nation under Under the provisions of rule I, paragraph 3, and has served there likewise in addi- of the Standing Rules of the Senate, I hereby God. We pray for Your inspiration in tion to these distinguished churches in appoint the Honorable MARK L. PRYOR, a their hearts and minds and souls. We Senator from the State of Arkansas, to per- our State. ask for Your grace in their work and form the duties of the Chair. I thank the Chair for allowing me to deliberation, that this might be an ex- ROBERT C. BYRD, make this special word of greeting and tension of Your sustaining presence in President pro tempore. commendation to a very distinguished our life together as citizens of heaven Mr. PRYOR thereupon assumed the pastor and a very dear friend. I thank and of these United States of America. chair as Acting President pro tempore. the Chair. While we pray for these elected rep- f f resentatives of our Nation, we remem- RECOGNITION OF THE ACTING ORDER OF PROCEDURE ber the families and staff who are such MAJORITY LEADER an integral part of their service to our Mr. DURBIN. Mr. President, I ask Nation and to the world. May all be The ACTING PRESIDENT pro tem- unanimous consent to speak as in the touched by Your love and respect for pore. The assistant majority leader is place of our leader, Senator REID, who all people; from all nations, in all con- recognized. couldn’t be with us this morning. ditions, in all Your creation. Mr. DURBIN. Mr. President, it is my The ACTING PRESIDENT pro tem- understanding the Senator from Indi- pore. Without objection, it is so or- O Holy God, be with us all in these ana wishes to comment on the chaplain dered. moments, that our work may be di- who is kind enough to join us today. I f rected by Your peace—a peace that sur- yield to him for that purpose. SCHEDULE passes mere human understanding and The ACTING PRESIDENT pro tem- encompasses care and compassion for pore. The Senator from Indiana is rec- Mr. DURBIN. Mr. President, today the entire world. May You lead these ognized. following my remarks and the remarks Your servants with a passion for jus- f of Senator MCCONNELL, there will be a tice and righteousness, wisdom and in- period of morning business for up to 2 sight, mercy and love; with strength to WELCOMING THE GUEST hours with Senators permitted to do that which is right and honorable CHAPLAIN speak for up to 10 minutes each, with and in accord with Your holy way. Mr. LUGAR. Mr. President, I thank the time equally divided and controlled God, bless America, and may Your my distinguished colleague. between the two leaders or their des- will be done in this gathering and in It is a special privilege to see the ignees. The Republicans will control our lives. Amen. Senate open with a prayer today by the first 30 minutes and the majority

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

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VerDate Aug 31 2005 02:05 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.000 S05JNPT1 smartinez on PROD1PC64 with SENATE S5128 CONGRESSIONAL RECORD — SENATE June 5, 2008 will control the next 30 minutes. Fol- hours, our staff had to stand and read the virtues of wooden matches and read lowing morning business, the Senate every word of this bill into the RECORD. chapters from his book about his home- will resume consideration of S. 3044, This bill—the substitute—had been town: ‘‘Searchlight: The Camp That the Consumer First Energy Act. available for days and the concepts be- Didn’t Fail.’’ That was a 9-hour recita- Last night cloture was filed on the hind it for weeks. There was no ele- tion from a book that our good friend Boxer substitute amendment to the cli- ment of surprise, no necessity for this the majority leader engaged in on the mate change legislation. Under rule reading, other than to burn off an en- very subject of judicial confirmations. XXII, there is a 1 p.m. filing deadline tire day in the Senate where little or Yesterday’s tactic of slowing down for first-degree amendments to the nothing was accomplished. Now we face the Senate obviously is not unique. It Boxer substitute No. 4825. The cloture virtually the same thing again. was not, however, about trying to con- vote is scheduled to occur tomorrow Although 89 percent of the people in firm a few district court nominations morning—Friday morning. America say that global warming is an which the majority begrudgingly At 4 o’clock this afternoon, there will important issue that should be ad- agreed to last night around 12:00 or be up to 1 hour for debate on the farm dressed by the Senate, this week there 12:30. Rather, it was about the impor- bill, H.R. 6124, prior to a vote. Under an have been repeated efforts to make tance of keeping one’s word in this agreement reached last night, Senator sure we never reach that point. Those body, whether it be a commitment to DEMINT will control 30 minutes; Sen- who oppose this bill should stand and meet the total number of circuit court ator COBURN, 20 minutes; and Senators vote accordingly. Those who have confirmations that have occurred in HARKIN and CHAMBLISS will control a amendments should bring them for- prior Congresses—and we are familiar total of 10 minutes. Therefore, the vote ward. We are still waiting for a list of with what that commitment was; it on passage of the farm bill will begin amendments to the global warming bill was to do 17 during this Congress, around 5 p.m. today. from the Republican side. We have which has been repeated time and time f given them a list of our amendments, again; everybody knows what the com- including a bipartisan amendment of- mitment was—or a commitment to MEASURE PLACED ON THE fered by Senator LUGAR, who just confirm a specific number of circuit CALENDAR—H.R. 6049 spoke on the floor, and Senator BIDEN. court nominations by a specific time; Mr. DURBIN. Mr. President, I under- We have tried to engage the minority and that was the commitment made stand that H.R. 6049 is at the desk and in a debate on this critically important back in May by my good friend the ma- due for a second reading. bill, but instead, they have engaged in jority leader, that we would do three The ACTING PRESIDENT pro tem- delay tactics, including 8 hours wasted circuit court nominations before the pore. The clerk will report the bill by in the Senate yesterday reading this Memorial Day recess. In fact, we did title. bill in its entirety. one. Keeping one’s word in this body is The legislative clerk read as follows: We finally adjourned at about 12:15 important. A bill (H.R. 6049) to amend the Internal a.m. this morning to return today. I We are far behind the pace that is Revenue Code of 1986 to provide incentives guess it is the intention of the Repub- necessary for us to reach the goal the for energy production and conservation, to licans to stop us from considering the majority leader and I set for this Con- extend certain expiring provisions, to pro- global warming issue, but that will not gress. If that weren’t troubling enough, vide individual income tax relief, and for stop the dangers being created by glob- what we heard recently by the chair- other purposes. al warming in the United States and man of the Judiciary Committee are Mr. DURBIN. Mr. President, I now around the world. If we are truly elect- threats to shut down the confirmation object to any further proceedings at ed to lead, I cannot understand why the process completely. Stop it already. this time. Republican minority will not engage us Surely, that is not his plan. So be as- The ACTING PRESIDENT pro tem- in a meaningful and honest debate sured the Republican Conference will pore. Objection is heard. about this bill. That is why we are continue to make the point that judi- The bill will be placed on the cal- here. We should be voting on amend- cial nominations need to be treated endar. ments, testing different theories and fairly and that commitments need to f policies to see what the majority feels be kept, and we will use the tools avail- ELECTED TO LEAD in the Senate, but instead, we are able to the minority to do so until that caught up in this exercise: 8 hours of proves to be the case. This is not over, Mr. DURBIN. Mr. President, let me reading this bill—a tremendous waste I assure you. say that at this moment we are on of time and energy that the Senate f Thursday of this workweek with the should have put to more productive CLIMATE SECURITY ACT possibility and likelihood of a cloture purposes. vote tomorrow morning in the Senate. I yield the floor. Mr. MCCONNELL. Mr. President, the If one looks at the business of the Sen- majority leader said recently that f ate this week, it is a good thing we are global warming was ‘‘the most impor- not being paid for piecework because RECOGNITION OF THE MINORITY tant issue facing the world today.’’ Let we have done so little. LEADER me repeat that: the most important We had an initial motion to go to The ACTING PRESIDENT pro tem- issue affecting the world today. And this climate security bill, which is an pore. The minority leader is recog- nearly three-fourths of the Senate important piece of legislation. That nized. thought it was important enough to was considered early in the week, and f have a debate on the Senate floor. Sev- then a second measure, which was very enty-four Senators voted to bring this brief, on adopting a budget—an impor- JUDICIAL NOMINATIONS measure to the floor for debate because tant document but one that had al- Mr. MCCONNELL. Mr. President, they recognized the significance of this ready been debated at length many since the substitute amendment by issue. Yet the majority is blocking fair times in this Chamber. We burned 30 Senator BOXER was just given to us at consideration. hours off the clock in what was re- 11 o’clock in the morning, you could Instead of allowing a full debate with quested for a general debate. That, of argue—almost with a straight face— an open amendment process designed course, took place, and it was a good that reading the proposal was a good to improve the bill, the majority last debate: a bipartisan effort to explain idea, but, of course, that was not what night filled the tree. What are they an important bill involving global it was about. It was somewhat similar afraid of? Why don’t they want to con- warming and carbon pollution which is to when Senator REID, the now-major- sider amendments to a bill addressing changing the world we live in. ity leader, used 9 hours reading chap- what they call ‘‘the most important Then a request was made yesterday ters from his book back in 2003. In a 9- issue facing the world today’’? If it is by the Republican leader that this bill, hour filibuster over judicial nomina- the most important issue facing the the Climate Security Act, be read in its tions, on November 19, 2003, Demo- world today, it certainly deserves a lot entirety into the RECORD. So for 8 cratic leader HARRY REID discoursed on longer debate than a few days.

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.001 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5129 At $6.7 trillion, the climate tax bill— who, I assure you, are not going to do dignity. Admired by all who knew him, which is what we have before us—the this to their own economies. They are he leaves behind a legacy of legislative climate tax bill is the largest bill we going to take advantage of our foolish accomplishment, as well as a Chamber will consider this Congress. As the Wall decision to clamp down our own econ- full of very dear friends in the Senate. Street Journal noted, this legislation omy and have jobs exported to China We still miss him a lot. represents the most extensive—the and India. I yield the floor. most extensive—reorganization of the If the majority is serious about de- The ACTING PRESIDENT pro tem- American economy since the 1930s, bating this issue, then let’s have a real pore. The assistant majority leader is which is why, of course, I am mystified debate, complete with an open amend- recognized. as to why the Democrats decided to ment process. Don’t shut it down after f only 1 day. block the consideration of any and all GLOBAL WARMING amendments designed to improve this This is entirely too important to con- bill: no consideration of gas prices, no sumers, to our economy, and to the cli- Mr. DURBIN. Mr. President, I want consideration of clean energy tech- mate to block a thorough consider- to say a word about the issue of global nology. A bill with such widespread ation. warming. I notice that my colleagues ramifications merits serious, thought- f are waiting to speak in tribute to Craig ful consideration and a thorough de- Thomas, and I will also say a word ONE-YEAR ANNIVERSARY OF THE bate. about that. PASSING OF SENATOR CRAIG A good example of how to handle a I have to agree with Senator REID THOMAS bill like this properly, another time when he said that global warming is when our good friends on the other side Mr. MCCONNELL. Mr. President, a one of the most important issues of our were in the majority—and there was a year ago yesterday marked the occa- age. I believe he said it was the most Republican in the White House—when sion of the loss of our good friend and important global issue and, of course, the Senate considered the Clean Air colleague, Craig Thomas, who was the we realize whatever our undertaking Act amendments in 1990, the process senior Senator from Wyoming at the may be in life, it is of little value if we took 5 weeks on the floor. There were time. He lost his battle with leukemia don’t live on a planet that can sustain about 180 amendments offered. I was at the age of 74. life. That is what we are worried here then, and nobody was telling one Born and raised in Cody, WY, a town about—that we have warming and car- side or the other what they had to named after Buffalo Bill, Craig was bon pollution that is changing the offer. Nobody said you have to show me brought up on a ranch. He brought planet on which we live. your amendment first or I will not let those values of America’s western I cannot think of a more formidable you offer it. And 131 of those amend- small towns to our Nation’s Capital. challenge that we have ever faced. ments were ultimately acted upon by So the Senator from America’s That is why we think it is important to the full Senate. smallest State by population, home to move forward with this legislation. The As it currently stands, we would not a rugged and independent-minded peo- notion that we have blocked all amend- even spend 5 days on this bill. But we ple, was one of the Senate’s leading ad- ments is not true. We have said to the would like to spend more time on the vocates for a smaller, more efficient, Republicans repeatedly: Provide us bill and would encourage the majority and more responsive government. with the amendments. Show us what to open the process. I don’t know what Other Senators who got to know you are going to offer. Here is what we they are afraid of. Since when did we Craig found him to be always polite will offer. I think that is a good-faith descend to the point in this body that and courteous. Yet that did not make effort—at least on our side—to try to we would not let somebody offer an him a pushover. A Marine captain, who start this important debate. Yet the amendment unless they get to read it rose to that rank from the rank of pri- Republican side has refused. They took first? That isn’t the way the Senate vate, Craig was a man of discipline and 30 hours of general debate and didn’t used to operate. Yet the majority a man of principle. He was a perfect fit produce amendments. They asked that blocked us from offering even one for the people and the values of his this bill be read for 8 hours, and they amendment regarding this massive re- great State. didn’t produce any amendments. structuring. As accomplished as he was, Senator Our fear, of course, is that when the That makes me wonder, why doesn’t Thomas was also not afraid to poke a time for actual debate begins, without the majority want a fair debate on this little fun at himself as well. I know he any indication of what they might bill? What are we afraid of? If this bill once displayed a series of pictures in offer, we will face the same thing we alone will ‘‘save the planet,’’ as has his Senate office of himself trying his did on the GI bill. If you recall that been suggested, why are they refusing hand at roping a horse. The pictures legislation, which was to help our re- to allow an open debate or more than 2 depict, one by one, his less than suc- turning veterans, it was stopped in its days on the bill? cessful attempts, and then his uncere- tracks by an amendment offered on the Perhaps they don’t want to expose monious fall off his steed and onto the Republican side, with a cloture motion this bill for what it really is: a climate dirt. filed. That meant that 30 hours had to tax. It is a climate tax. This legislation Many of my colleagues will remem- be burned off the clock while we waited will raise gas prices, electricity prices, ber his subtle sense of humor, his skill for the cloture motion to ripen. diesel prices, natural gas prices, and at working with others to advance leg- Now, that is use of a procedure here fertilizer prices. It will also put Amer- islation, and his passion for promoting which doesn’t advance the debate or ica at a significant economic disadvan- the best interests of Wyoming. deliberations. So we asked for assur- tage compared to the rest of the world. I know my colleagues continue to ances from the Republican side. We Given that families are already hold his dear wife Susan, a great friend asked is this going to be a good-faith struggling to pay record gas prices—it of all of us, and their four children, effort to debate and amend this bill? is nearly $4 a gallon now—Congress Peter, Patrick, Greg, and Lexie, in our Will you produce the amendments? should be working to lower gas prices, thoughts. We still consider them mem- They would not. It is clear they don’t not increase them. bers of our Senate family. want to. They are opposed to this bill. Republicans are eager to offer I also know how much Craig would be We have seen this before. We have had amendments to the Boxer climate tax pleased that Senators MIKE ENZI and 72 filibusters during this session. We bill to develop clean energy solutions JOHN BARRASSO are holding to the high have broken all of the records of the and promote economic growth. In standards he set and making Wyoming Senate. The Republican minority has America, we tackle problems like this proud. stopped us time and again when we with technology, not by clamping down A man of grit and courage, Craig have tried to bring up critically impor- on our own economy. If this is a prob- never backed down from a challenge, tant issues for our Nation and the lem—and many of us believe it is—the not even his final struggle with leu- world. way to get at it is with technology and kemia. Through the end of his life, he President Bush and the Republicans then sell it to the Indians and Chinese, represented Wyoming with honor and have dismissed this issue of global

VerDate Aug 31 2005 02:05 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.002 S05JNPT1 smartinez on PROD1PC64 with SENATE S5130 CONGRESSIONAL RECORD — SENATE June 5, 2008 warming, and I think that is why many It strikes me that we have to look at and go over to the candy desk and get Americans are dismissing their chances the reality. Of all the oil reserves in a piece of candy and come down to the of speaking to the needs of this Nation. the world, the United States has access well to visit with me. This is a critically important issue. If in our boundaries, near our shores, to 3 I can tell you right now, I feel him this Republican minority will not percent of all the oil in the world. We over my shoulder saying: You cannot allow us to reach it, I predict the consume 25 percent of the oil in the let the Senator from Illinois get away American voters will have the last world. The Republicans believe we can with what he just said. That is what words. We will reach this issue. They drill our way out—drill in the Great Craig would do. He used to do it from will demand that we reach this issue. Lakes, drill in the ANWR—and it will that desk right over there. All of the fear being spread here all be just fine. We know better. We Craig would have said that honesty, about change in America is indicative have to take an honest look at this and truth, and promises are virtues of the of the problem the Republicans have realize that drilling in those places will West. When you promise three circuit today. They are afraid of change. Any- not answer the need. court judges, you deliver them. They did not deliver. That is why, yesterday, thing that will change things scares f them. They don’t think America is re- we weren’t able to do the tributes that silient enough and powerful enough to REMEMBERING SENATOR THOMAS we are doing today. accept change. They are wrong. Mr. DURBIN. Mr. President, I know When it comes to the global warming Our Nation desperately wants my colleagues are waiting. I liked issue, he would have said ‘‘gotcha’’ pol- change, starting in Washington, and Craig Thomas. We served in the House itics doesn’t have a place here. But rippling across America, to deal with together and in the Senate. When they that is what they are doing on issue the issues that face us—first and fore- had his funeral service, I made a point after issue. most, to bring peace to our Nation, of joining many of my colleagues to How do you tell it is ‘‘gotcha’’ poli- bring our troops home, stabilize and make the trip out to his beloved Wyo- tics? If it didn’t go to committee, it is strengthen our economy, and deal with ming to meet his neighbors and sup- ‘‘gotcha’’ politics. Oh, yes, they would critical issues, such as global warming. porters and friends and family. It was a argue that global warming went to Mr. CORNYN. Mr. President, will the wonderful, beautiful service. He was committee. Well, a bill went to com- Senator yield for a question? such a quiet and strong man. He and I mittee, but that is not the bill that we Mr. DURBIN. Yes, I am happy to. disagreed on lots of issues, but I re- have shifted to. We have shifted to one Mr. CORNYN. Mr. President, I just spected him so much. I think his real that didn’t go to committee. It is full ask the distinguished assistant major- strength was shown in his last battle of little landmines. That is not the way ity leader if he and the Democratic ma- with leukemia and cancer. Craig kept a we used to do things around here. I jority would agree to an amendment smile on his face, despite some very know my friend, Craig, would have designed to help bring down the price difficult days. His wife Susan at his pointed that out. Both the cowboy and of gasoline at the pump for the Amer- side out in Wyoming was a reminder the marine in Craig Thomas would ican consumer, and whether they that we are really a Senate family. have been forced to point that out—to would agree to allow us to file that We can debate issues back and forth, be honest, get the judges up; be honest, amendment, debate that amendment as we just did, but at the end of the do the bills that go through the com- on this bill, and then have an up-or- day, I think he was a great Senator mittee that everybody has a chance to down vote on the Senate floor? who served his State well, and it was amend. Mr. DURBIN. My response is that we an honor that I could count him as a As Craig comes through the door, are on another bill now, while we are friend. which he does in my mind all the time, waiting for cloture to ripen on the I yield the floor. I symbolically lift my hat to him, to global warming bill. It is our intention celebrate the life of a great Senator. to move directly into the debate that f He was raised in Wapiti, WY. That is you have just indicated. We have to RESERVATION OF LEADER TIME between Cody and Yellowstone Park. deal with energy pricing in America. If The school he went to now has about The ACTING PRESIDENT pro tem- the Republican side is going to offer a an 8-foot fence to keep grizzly bears pore. Under the previous order, leader- good-faith policy amendment to deal out. Craig was so tough, they didn’t ship time is reserved. with this issue, I am sure that will be need that fence when he went to school appropriate. f there. He was executive director of the Mr. CORNYN. Mr. President, I take MORNING BUSINESS Wyoming Farm Bureau, executive di- it from the answer of the assistant ma- rector of the Wyoming Rural Electric jority leader that his answer is no. The ACTING PRESIDENT pro tem- Association, he was a small business- Mr. DURBIN. The answer is yes. pore. Under the previous order, the man, a State legislator, a Member of Mr. CORNYN. I take it that they Senate will now proceed to a period of the U.S House of Representatives, and would not allow us to offer an amend- morning business for up to 2 hours, a Senator. He was a marine at heart, ment on this bill that would be de- with Senators permitted to speak but he was a cowboy in his soul. He was signed to bring down the price of gaso- therein for up to 10 minutes each, with quiet. He was focused. He was tough. line at the pump by opening America’s the time equally divided and controlled He was a staunch fiscal conservative. natural resources to development and between the two leaders or their des- His life became a portrait of the Amer- production. ignees, with the Republicans in control ican West. He preferred to see the Mr. DURBIN. Mr. President, time of the first 30 minutes and the majority world from the saddle of a horse and and time again we are told by the Re- in control of the second 30 minutes. from under the brim of his cowboy hat, publican side, if we could just drill for The Senator from Wyoming is recog- but he sacrificed much to serve us here. oil in the Arctic National Wildlife Ref- nized. He was proud of Wyoming and our uge, all of our prayers would be an- f country, and we in Wyoming were swered and gasoline would be $1.50 a proud to be represented by him. He en- gallon, people would stop complaining, REMEMBERING SENATOR CRAIG couraged vision, Mr. President, and, as and the American economy would be THOMAS you can tell, he still challenges me back on its feet. It turns out this idea Mr. ENZI. Mr. President, 1 year ago and, I think, you. The cowboy and ma- of drilling for oil in ANWR is not the yesterday, the State of Wyoming and rine in Craig made him a fierce fighter answer to our prayers. For many of us, our Nation lost one of the great cow- on behalf of Wyoming, and he ap- it is somewhat blasphemous to think boys ever to ride this land. On June 4, proached his cancer no differently. we would take a section of land that 2007, Senator Craig Thomas, my senior I will never forget when I learned was set aside by President Eisenhower Senator, my mentor, and most impor- about my friend’s passing. I was over- as a wildlife refuge and say that we are tant of all, my friend, lost his battle come with shock and heartbreak, but I so desperate in America for oil that we with leukemia. I still expect to see him also felt a sense of serenity, knowing are going to change it forever. come in that door every time we vote that Craig was at peace.

VerDate Aug 31 2005 02:05 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.003 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5131 I can tell my colleagues that even a of a cowboy, he worked tirelessly and talked about the personal loss they year later, not a day goes by without selflessly for Wyoming. felt. They wrote about it in newspapers thoughts of memories of Craig passing To my colleagues here today, I pray and in messages left online because my mind. I miss him. I miss him in this we never forget this man’s legacy and Craig gave so much of himself. Craig Senate Chamber. I miss him on the the exceptional standard of public serv- took time each day, every day to talk trail back home in Wyoming. I miss his ice he set for all of us—to serve the to you, to say hello, and not to simply camaraderie, his friendship, his leader- people with respect and integrity, al- pass by. He saw everyone, whoever you ship, and his unwavering commitment ways remembering it is of the utmost are. to the values and ideals of the people honor to serve. With a sense of humor, Because he gave his time to Wyoming he served. you will recall he always said, ‘‘Don’t and to this body and to individuals who Although a year has passed since squat with your spurs on,’’ in his trade- needed help, he is remembered. He gave Craig left us, his spirit is alive and it is mark western grace. Craig was the his passion, he gave his leadership, and felt by all of us within this body. Work modern-day cowboy fighting for the his tireless energy to make this a bet- he championed on behalf of Wyoming principles that made this country ter place. residents and all Americans is ongoing great. Ronald Reagan said: today. As a recent example, Craig was Craig, I will never forget you. You Some people wonder all their lives if a staunch supporter of country-of-ori- are in my heart every day. We miss they’ve made a difference. The Marines don’t gin labeling. He saw it as a vital provi- you, cowboy. Thank you for everything have that problem. sion for our State’s livestock pro- you have done for Wyoming and this Craig was Wyoming’s marine, and we ducers, and I know he would be proud great Nation. Ride on, my friend, ride will never need to wonder if he made a to see COOL finally passed as part of on. difference. Craig Thomas represented the farm bill. It is something we had I yield the floor. honor and dignity. Admired by those The ACTING PRESIDENT pro tem- been working on together for many who knew him, he has given us a leg- pore. The Senator from Wyoming. acy of legislative accomplishment, a years. Mr. BARRASSO. Mr. President, I Craig’s spirit has also been remem- brilliant example of what one can do thank the minority leader, the assist- bered here on the Senate floor with the with a life lived with determination, ant majority leader, and Wyoming’s passage of a resolution designating with strength of character, and with senior Senator for taking the time to July 26, 2008, National Day of the vision. remember a departed friend and an es- American Cowboy. Craig was the driv- To Lexie, Peter, Greg, and Patrick, teemed colleague. and all those amazing grandchildren, ing force behind the recognition of Wyoming’s U.S. Senator Craig Thom- we again offer our most heartfelt con- cowboys on a national scale for the as passed peacefully June 4, 2007, 1 year dolences. past 3 years, and I am proud we have ago this week. Craig was surrounded, Susan, today, like each day, we re- continued that tradition and are fol- as always, by his devoted wife Susan, member Craig for the great man he was lowing in his footsteps. by his family, and by close friends. and what he meant to Wyoming, for Known for his love of the outdoors Wyoming has lost a great man. We what he accomplished and how he did and the cowboy way of life, Craig’s have lost many great men and women it, for what he taught us and how he name has been recognized in Wyoming over the years, but Craig Thomas touched so many. through a number of dedications in the leaves behind a legacy equal to all of Susan has created the Craig and past year. The Department of Interior them. Yet Craig would be the first one Susan Thomas Foundation. For all of recently named a large area of public to question that praise. Craig would those who miss Craig and want to see land the ‘‘Craig Thomas Little Moun- say he was a common man, a typical the great work in education that she is tain Special Management Area.’’ Now cowboy who wanted simply to work continuing, I invite you to go to her more than 69,000 acres of land sur- hard and make a difference for the peo- Web site, thomas-foundation.com. It is rounding the majestic Big Horn Moun- ple of the place he loved. One year important and lasting work in Wyo- tains will be enjoyed and cherished by later, it is appropriate and right that ming that continues the Thomas leg- generations of Wyoming residents to we remember him again in the Senate acy of making a difference one life at a come. and also in our own lives. time. Also, at Grand Teton National Park Many of my colleagues joined us in To my Senate colleagues and to the in Jackson, the new visitors center my hometown of Casper, WY, to mourn people of Wyoming, remember—re- now bears his name and will help us al- Craig’s passing. The words and pres- member that leadership takes courage, ways to remember Craig’s dedication ence of Senator REID and Senator as Craig Thomas demonstrated in his to the land he loved so much. MCCONNELL were especially meaningful remarkable life. His wife Susan, a close friend of mine to the people of Wyoming. President Mr. President, I yield the floor. and Diana’s, continues to honor Craig’s Bush and Vice President CHENEY each The ACTING PRESIDENT pro tem- legacy every day in the work she does extolled Craig’s character and devotion pore. The Senator from Wyoming. as well. She is a champion of the Na- to the Wyoming people and Wyoming Mr. ENZI. Mr. President, I thank my tional Capital Chapter of the Leukemia places. fellow Senator from Wyoming for his and Lymphoma Society, raising money But perhaps more to what Craig real- comments and thank him for the way for research and fighting against the ly meant to the people was the excep- he has filled in and followed the legacy blood cancer that took her husband’s tional outpouring of very personal re- Senator Thomas began and the work he life. She also created the Craig and membrances that followed his passing. has done on the issues that were un- Susan Thomas Foundation. It is a In the halls of the U.S. Capitol, eleva- done when Senator Thomas left us, his scholarship program for at-risk youth tor operators, cashiers, janitors, office work on the Wyoming range and his seeking to continue their education at staff—each would say what a wonderful work on the wild scenic rivers and also a Wyoming institution of higher learn- person Craig Thomas was. His staff, on our joint effort to make sure Rich- ing. Susan, throughout her whole life, many of whom are now serving with ard Honecker gets a vote as a judge. worked with at-risk youth and is now me, speak about his kindness and the That is a nomination Senator Thomas continuing it with this memorial. The family character that was the hall- offered well before he left. In fact, he cause she has taken on embodies every- mark in his office. It was Craig’s na- has been waiting around—not that I am thing Craig stood for and believed in. ture. keeping track—443 days. There has Susan’s efforts every day are a tribute In Wyoming, from all walks of life, so been no vote on him yet in committee, to his memory, and that foundation is many reflected their experiences with so we cannot vote on the nomination something in which we all can partici- Craig that left each of their lives a lit- on the floor. This is an outstanding pate. tle brighter. They recalled his loyalty person, rated highly by everybody and Craig was a fine legislator, a dedi- and his commitment to their future, letters of recommendations from both cated public servant, and above all a especially the young people. Democrats and Republicans in Wyo- kind, humble, and courageous man. In Wyoming, after Craig’s passing, ming who would really like to have a With the heart of a marine and the soul folks in each town, in each community vote. So his life has been in suspension.

VerDate Aug 31 2005 02:05 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.005 S05JNPT1 smartinez on PROD1PC64 with SENATE S5132 CONGRESSIONAL RECORD — SENATE June 5, 2008 I thank Senator BARRASSO for the ting there, he would be up here. I ap- there are questions about this huge work he as done on that issue and the plaud his replacement, the junior Sen- bill, this huge tax increase, this huge kind words about Senator Thomas, and ator from Wyoming, Senator increase in the cost of energy, that if I thank Senator BARRASSO for filling BARRASSO. Every time I turn around, you are asking questions and want to in. he is coming down and saying exactly— offer amendments to improve it sug- I yield the floor. exactly—what Craig would be saying. gests you don’t care about the environ- The ACTING PRESIDENT pro tem- I would say this about Craig Thomas: ment is demonstrably false. pore. The Senator from Alabama. He was always there at our Senate Mr. SESSIONS. Mr. President, will Mr. SESSIONS. Mr. President, I miss prayer breakfast every Wednesday the Senator yield for a question? Craig Thomas. I loved him, and I wish morning. He was a Jesus guy, like we Mr. CORNYN. I will yield. I had told him that more explicitly. He are, and so I don’t feel the sadness a lot The ACTING PRESIDENT pro tem- is worthy of the ultimate comment and of people do with Craig Thomas, be- pore. The Senator from Alabama. praise given in my area of the country: cause I can only say right now: Craig, Mr. SESSIONS. Mr. President, Sen- He was a good man. And he truly was. I know you are here with us, and we ator CORNYN is a fabulous and impor- He combined strength and genuine are going to see you later. tant Senator. He knows what has been modesty. He was wise and insightful on I thank my colleague, and I yield the happening here on all the important important issues without any show of floor. issues and he knows the importance of pride or pomposity. He had integrity. The ACTING PRESIDENT pro tem- certain actions on the floor. He was a man’s man. He was com- pore. The Senator from Texas. Senator REID, last night, as I under- fortable in his skin. He was a man of Mr. CORNYN. Mr. President, may I stand it, stood and filled the tree. As I courage. Most especially, he was a man inquire how much time remains in understand it, that impacts directly of principle, much like one of his he- morning business for this side of the the ability of persons on this side to roes, Ronald Reagan. aisle? freely offer amendments; is that cor- Craig was truly also a man of the The ACTING PRESIDENT pro tem- rect, I ask Senator CORNYN? West. It was in his bones. And he had in pore. The Senator has 111⁄2 minutes in Mr. CORNYN. Mr. President, I say to his very being a love for America and a the first 30 minutes. the distinguished Senator from Ala- deep understanding—intellectual and Mr. CORNYN. I thank the Chair. bama that he is exactly right. To come intuitive—of its uniqueness, its Mr. President, I join my colleagues in out here on the floor, as the assistant exceptionalism, and why this country invoking the memory of Craig Thomas. majority leader has done this morning, is so great. He understood that. His On our side of the aisle, there was no- and say, Oh, we are interested in full love for America caused him to dedi- body more dependable, more loyal, or debate and amendments and we regret cate his life to her, just as our soldiers more of a team player. Whenever there the delay that occurred yesterday from and his fellow marines place their lives was an important issue, particularly the reading of the bill, yet at the same at risk this very moment in service to one concerning Wyoming or concerning time to say no Member of the Senate our country. energy, he would be down here talking can offer an amendment because of the I think that is why he undertook as about it and he would be enlightening actions of the majority leader, unless part of his duties on this side to pro- the debate, and we miss him. I can’t the majority leader gives the green mote a policy principled message each help but think he would be down here light, is at odds with that claim. It is morning in morning business on the on this particular piece of legislation, not a demonstration, from my perspec- floor. He did that for a number of as Senator ENZI has alluded, in talking tive, of a desire to have an open debate years. He believed we ought to talk about what is obviously a game of and an amended process. about the issues that made America ‘‘gotcha.’’ Mr. SESSIONS. And so that act was great. f a knowing and deliberate leadership Craig Thomas loved his country, he act by the majority leader that fun- CLIMATE SECURITY ACT loved his wife Susan and his family. He damentally says unless he approves an loved Wyoming. Truly, he was a good Mr. CORNYN. Mr. President, this is a amendment, whether it is offered by man, and we do indeed miss him. bill where we are actually on our third those who favor the legislation or op- I yield the floor. version, I believe. The fourth version of pose it, that is a significant event that The ACTING PRESIDENT pro tem- the bill. I stand corrected by the rank- constricts free amendments on this pore. The Senator from Oklahoma. ing member of the Environment and bill; is that not correct? Mr. INHOFE. Mr. President, let me Public Works Committee, Senator Mr. CORNYN. Mr. President, I say to first thank the Senator from Texas for INHOFE. The last one I saw went from the Senator from Alabama, again he is allowing me to very briefly work in 342 pages to 491 pages. That was the one correct. I think what it demonstrates here. that was read yesterday. I daresay that is that the professed desire to actually It happens that I was elected to the not many, if any Senator who is going do something about this important House and then to the Senate at the to be called upon to vote on that legis- issue is, in fact, nothing more than a same time as Craig and Susan Thomas. lation, had a chance to read it yet in political game. Because I predict what And you know, sometimes you see detail. So I don’t think it was a wasted will happen is that because he is block- someone for the first time and they exercise to have the clerk read the bill ing any amendments and an open de- have, as Senator ENZI pointed out, that yesterday to give people a chance to bate about the bill, we will have a vote infectious smile, and that was Craig. understand what is in it. on the cloture motion, it will fail, and That was Craig. Everyone had to love When you look at a piece of legisla- then the majority leader will attempt Craig. tion that comes with a $6.7 trillion to pull this bill from the floor and con- I have thought of him so often during pricetag, and one that will raise and sideration. I hope Members of the Sen- consideration of the bill that is on the not lower the price of gasoline and ate will prevent that from happening floor now. Craig had such convictions, electricity, will depress the American by denying cloture on any future mo- but he never quit smiling. What the economy and literally put people out of tions to proceed to other legislation. I guy could do is, he could say the same work, I think we need to know what is think it is important that we have the thing I would say and people would in it and we need to debate it. We need kind of debate that a bill of this import love him, but they wouldn’t love me. I to offer amendments to hopefully im- and this size deserves. don’t know how he got by with that, prove it. If I can refer my colleagues to this but he did. There is not one among us who does chart, which is produced, I believe, by I picture him and where he would be not care about the environment. I the U.S. Chamber of Commerce. Sen- today if he were here while we have a don’t know any person of good will ator DORGAN, the Senator from North bill on the floor that has an increase in alive who doesn’t care about the qual- Dakota, the other day said this bill gas taxes, $6.7 trillion of increases in ity of the air we breathe and the clean- pales in comparison to ‘‘Hillary Care’’ taxes over the life of the bill, with job liness of the water we drink. So I think in terms of its complexity. I remember losses to China, and he wouldn’t be sit- those who would suggest that because seeing the charts at the time of the

VerDate Aug 31 2005 02:05 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.006 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5133 huge bureaucracy that would have been prices would go up 145 percent and gas- of bounds because of the moratorium created by that government-run health oline prices 147 percent. on that development going back to, I care system proposed by Senator CLIN- I am sorry the assistant majority believe, 1982. TON when she was the First Lady of the leader refused to allow us to offer an Mr. President, I yield the floor United States. I think it was back in amendment designed to lower gas The PRESIDING OFFICER (Mr. 1993. prices, because I can’t think of any WHITEHOUSE). The Senator from Okla- But this chart, produced by the U.S. more urgent, any more targeted relief homa. Chamber of Commerce, reflects all of we could offer the American people Mr. INHOFE. Mr. President, how the regulations and mandates of the today than to provide some relief for much time do we have on our side? Boxer climate tax and it indicates the the pain at the pump. I think that The PRESIDING OFFICER. The first complexity of what has been proposed should be our highest priority as we go 30 minutes has expired. It is now the here, and why I guess it shouldn’t be about the process of developing a clean majority’s time. Mr. INHOFE. I thank the Chair. surprising that the pricetag comes in energy future for this country, as we at $6.7 trillion, and where the Federal The PRESIDING OFFICER. The Sen- transition out of an oil-based economy ator from West Virginia. Government, through a growth in the into one for renewable forms of energy bureaucracy, an intrusion in the free- and increased nuclear capacity, and f dom and lives of the American people one that will improve the climate at REMEMBERING SENATOR CRAIG and small and large businesses alike, the same time. THOMAS will be the one that will choose the Mr. INHOFE. Mr. President, will the Mr. ROCKEFELLER. Mr. President, I winners and losers in this system, who Senator yield for a quick question? I wish to add my voice of love, respect, gets the goodies and who does not; who don’t want to use the Senator’s time. and a very deep feeling of comradeship gets permission to operate their power- Mr. CORNYN. I will yield. with the good Senator from Wyoming plant and who does not. That is why Mr. INHOFE. I want it made clear who has died—Senator Thomas. My the price of gasoline, that is why the today, as we go into the debate, that family has been associated with Wyo- price of electricity is expected to go when we look back at the clean air ming for many years. In a sense, their through the roof as a result of this bill. amendments of the 1990s, we had some- Senators have been Senators whom we I agree with the Senator from Ten- thing like 180 amendments considered have related to. Senator Thomas, Sen- nessee, Senator CORKER, who called at that time and we had it on the floor ator ENZI, now a new Senator, these this bill the ‘‘mother of all earmarks.’’ for 5 weeks. This goes much further are people we feel very strongly about. There has been a lot of discussion than those amendments did, and yet I have particularly strong feelings about earmarks here and lack of trans- they are cutting us off. about both—about Senator ENZI be- parency in the way Congress spends Let us make it very clear: The Re- cause of his willingness to come to a money. Well, this bill, if it is passed publicans on this side of the aisle want coal mine in West Virginia and actu- and signed by the President of the to debate this bill, want to vote, we ally write a bill that rewrote 30 years United States, would empower the Con- want recorded votes on amendments, of our mine inspection laws, and Sen- gress to dole out earmarks with a com- and we want to vote on the bill itself. ator Thomas simply because as mem- plete lack of transparency, in a way Mr. CORNYN. Mr. President, the dis- ber of the Finance Committee he was that would allow massive Government tinguished Senator from Oklahoma is always an even, steady voice—level- intrusion in the free market system. absolutely correct. That is why 74 Sen- headed. You could trust him. He was That is why the Wall Street Journal ators—I believe 74—voted for the mo- totally a man of his word, and I will dubbed this bill ‘‘the biggest govern- tion to proceed, so that we could get on miss him greatly. the bill, so we could offer amendments, ment reorganization of the economy f since the 1930s.’’ and we have a list of amendments we The National Association of Manu- wish to offer. We wish to have debate PREWAR IRAQ INTELLIGENCE facturers has estimated the economic on those amendments because we think Mr. ROCKEFELLER. Mr. President, I impact on my State, the State of the impact of this proposal would be am pleased to report to the Senate that Texas. We are fortunate now. While dramatic on the American people and the Senate Intelligence Committee has some parts of the country are suffering on the economy and would, in all like- completed its review of prewar intel- through a headwind when it comes to lihood, not accomplish the goal Sen- ligence related to Iraq. Today the com- the economy, we are doing pretty well, ator BOXER professes to want to accom- mittee filed with the Senate and re- relatively speaking. Unemployment is plish. leased to the public the two final re- at 4.1 percent. A lot of new jobs have If in fact we impose this Draconian ports of what has been called phase 2 of been created, a lot of opportunity. We bureaucracy and this huge expense on the review. One of these reports exam- have seen a lot of growth in the popu- the American people, and our competi- ines the public statements of senior lation because people are moving to tors in China and India are not going policymakers prior to the war and where the jobs and the opportunities to do it, we are going to put people out compares those statements to the in- are. But under the Boxer climate tax of work in Texas while people in China telligence that was available to those bill that we have before us on the floor and India are going to continue to do senior policymakers at the time they of the Senate, it is estimated that what they are doing now and enjoying made those statements. The second re- 334,000 of my constituents would lose the prosperity caused by their access port looks at the intelligence activities their jobs. to the energy which they need to grow of individuals working for the Office of Why would they lose their job? Be- their economy. This bill would do noth- the Under Secretary of Defense Policy. cause this bill would be like a wet blan- ing to impose the same restrictions on The first of these reports, report on ket on the economy, raising electricity them, the same high prices on them public statements, has obviously been prices, raising gas prices on everything that the Congress proposes to impose the most controversial aspect of the from agriculture to small businesses, on the American people, including my committee’s work on prewar intel- and it is estimated that it would cost constituents. ligence. That was inevitable. Much has the average Texas household $8,000 in So rather than increasing gas prices been said and much has been written additional costs. Now, that is on top of by 147 percent, I would hope our friends since the beginning of the war about the $1,400 that most Texas households on the other side of the aisle would re- how we got into it. In the end, the com- are currently having to pay because of consider and let us take up that most mittee did conclude that the adminis- increased gas prices due to the obstruc- urgent issue in the minds of most of tration repeatedly presented intel- tion of Congress in failing to allow de- our constituents: How do we bring ligence as fact, when in reality it was velopment of American natural re- down the price of gas at the pump? I unsubstantiated and often contradicted sources, an American solution to our suggest the first thing we should do is what they were saying, or even was energy crisis. It would be a $52 billion take advantage of the natural re- nonexistent. loss to the Texas economy. As you see sources God has given this great coun- The committee’s July 2004 report here, it is estimated that electricity try of ours, which Congress has put out found that the prewar assessments on

VerDate Aug 31 2005 06:27 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.007 S05JNPT1 smartinez on PROD1PC64 with SENATE S5134 CONGRESSIONAL RECORD — SENATE June 5, 2008 intelligence related to weapons of mass cials, and at the same time they com- ity in the lead-up to the war, and dis- destruction were clearly flawed. There pletely ignored contradictory informa- closed intelligence at a time and in a was a 511-page report and it decimated tion that weakened the position which manner of its choosing, knowing others the whole concept of weapons of mass they declared to be the truth. While on attempting to disclose additional de- destruction being there. It turned out its face the statement might have been tails that might provide balance or im- most of them were left over from the accurate, it nevertheless presented a proved accuracy would be prevented Iran-Iraq war. Nuclear scientists were slanted picture to those who were un- from so doing under the threat of kept around, but they had nothing to aware of the hidden intelligence. Intel- criminal prosecution. So they could de- do. People began to draw conclusions. ligence is complex. It is an art, not just classify what they wanted. Nobody else They understood, at some of the high- a science. You have to establish all as- could do anything. est levels, that this intelligence was pects of what goes into an intelligence This unlevel playing field allowed there, but they ignored it. The report product before you can make any kind senior officials to disclose and discuss we are releasing today indicates that of a declaration or decision. sensitive intelligence reports when many of the public statements of the In fact, the committee’s report cites they supported the administration’s Bush administration were, in fact, ac- several areas in which the administra- policy objectives and keep out of the curate and substantiated by underlying tion’s public statements were not sup- discourse information that did not sup- intelligence, even though that intel- ported by the intelligence, and I very port those objectives. specifically wish to state them now. ligence itself was flawed. So we tried to In preparing a report on public state- No. 1, statements and implications by be fair. No one, however, should inter- ments, the committee concentrated on the President and the Secretary of pret these findings as vindication of those statements that were central to State, suggesting Iraq and al-Qaida had how the administration was using in- the debate over the decision to go to a partnership or Iraq had provided al- telligence to sell to the American peo- war in 2002–2003. We identified five Qaida with weapons training were not ple and to the Congress the war in Iraq. major policy speeches made by Presi- substantiated by the intelligence. No. This report documents significant in- dent Bush, Vice President CHENEY, and stances in which the administration 2, statements by the President and the Vice President, indicating Saddam Secretary of State Colin Powell during went beyond what the intelligence this period as the most significant ex- community knew—well beyond what Hussein was prepared to give weapons of mass destruction to terrorist groups pressions of how the Bush administra- the intelligence committee knew or be- tion communicated intelligence judg- lieved, most notably on the false asser- for attacks against the United States were contradicted by available intel- ments to the American people, to the tion that Iraq and al-Qaida had an Congress, and to the international operational relationship, a partnership, ligence information. No. 3, statements by President Bush and Vice President community. Additional statements and the manipulative attempt to sug- made by senior administration officials gest, inaccurately, that Iraq had any CHENEY regarding the postwar situa- tion in Iraq, in terms of the political during this same timeframe, con- complicity in the attacks of September taining assertions not included in the 11—shockingly wrong statements security, the economics, et cetera, did not reflect the concerns and uncertain- major policy speeches, were examined which were made and made and made. as well and they are part of our report. Many of them obviously were made ties expressed in the intelligence prod- To the point: The statements we ex- prior to the State of the Union Address ucts. The results have been there for us amined were made by the individuals in an attempt to prepare American to see. No. 4, statements by the Presi- involved in the decision to go to war public opinion. But, on the other hand, dent and Vice President, prior to the and in convincing the American public many of them continued well after- October 2002 National Intelligence Esti- to support that decision. The com- wards and even until recently. The mate regarding Iraq’s chemical weap- mittee will be criticized for not exam- committee also found that when ad- ons production capability and activi- ining statements made by Members of ministration officials were making ties, did not reflect the intelligence Congress. A bipartisan majority of the statements related to weapons of mass community’s uncertainties as to committee—bipartisan—agreed these destruction, they often spoke in declar- whether such production was ongoing. statements do not carry the same ative and unequivocal terms that went No. 5, the Secretary of Defense state- weight of authority as statements well beyond the confidence levels re- ment that the Iraqi Government oper- made by the President and others in flected in the intelligence community’s ated underground WMD—weapons of the executive branch. It was the Presi- intelligence assessments and products. mass destruction—facilities that were They omitted caveats. In other not vulnerable to conventional air- dent and his senior advisers who were words, if the Department of Energy and strikes because they were underground, pushing the policy of invasion, not the INR in the Department of State, their so deeply buried—that was not sub- Congress. In addition, Members of Con- intelligence wing, disagreed—those stantiated by available intelligence in- gress did not have—do not have—the were omitted. Anything that didn’t formation. No. 6, the intelligence com- same ready access to intelligence as agree was omitted, it was ignored. Dis- munity did not confirm that Mohamed the senior executive branch policy- senting views by intelligence agencies Atta met an Iraqi intelligence officer makers. We do not see raw intelligence were ignored and did not acknowledge in Prague in 2001, as the Vice President data. We do not get PDEs. We do not significant gaps in what we knew. In has repeatedly, repeatedly, repeatedly receive the daily briefing and were not other words, they had a message they claimed—and may do so again today. briefed every morning by the Nation’s were driving and they stopped at noth- That is terribly important. There was senior intelligence officers. ing to do that. all kinds of information which so to- It is important to note we did not re- In short, administration officials tally contradicts that it should be em- ceive the October NIE, National Intel- failed to accurately portray what was barrassing, but it was not, and they ligence Estimate, critical to the vote, known, what was not known, and what went ahead and used it. No connection until 3 days before the Senate was ex- was suspected about Iraq and the between Mohamed Atta and Iraqi intel- pected to vote. Was that initiated by threat it represented to our national ligence. the administration? No. It was initi- security. When the Nation is weighing In addition, the administration’s ated, requested and finally agreed to the decision to go to war, they deserve misuse of intelligence prior to the war and then rushed up very quickly be- the complete and unvarnished truth, was aided by selective declassification cause Senator Bob Graham was chair- and they did not get it in the buildup of intelligence reporting. The executive man of the Intelligence Committee at to the war in Iraq. branch exercises the prerogative to that time, and he asked for it. Additionally, the committee found classify information in order to protect As I said, the truth of how intel- instances where public statements se- national security. Unlike Congress, it ligence was used or misused is not lectively used intelligence information can declassify information unilater- black and white. Supporters from both which supported a particular policy ally, and it can do so with great ease. sides will point to specific findings in viewpoint; that is, public statements The administration manipulated and this report to bolster their arguments. made by high officials, the highest offi- exploited this declassification author- I consider that to be evidence that the

VerDate Aug 31 2005 02:05 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.010 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5135 committee’s findings are fair and ob- played by Mr. Ghorbanifar in these were an important catalyst in bringing jective. Our job was to compare state- meetings and to wall off the intel- about subsequent legislative and ad- ments to intelligence and render a nar- ligence community from its activities ministrative reforms of the intel- row judgment as to whether the state- and the information it obtained were ligence community so that these mis- ment was substantiated. In those in- improper and demonstrated a funda- takes will never be repeated again, stances where a statement is not sub- mental disdain for the intelligence hopefully. stantiated by the intelligence, the community’s role in vetting sensitive In conclusion, it has been a long, committee renders no judgment as to sources. hard road for the committee to get to why. All we were interested in was the The committee’s 2004 report pre- this point. There have been and con- facts. sented evidence that the DOD policy tinue to be a lot of finger-pointing and The second report we are releasing office attempted to shape the CIA’s ter- accusations of partisanship. It is im- today deals with operations of the Of- rorism analysis in late 2002, and when portant to remember that this under- fice of Under Secretary of Defense for it failed, prepared an alternative intel- taking was a unanimous decision— Policy. It is a very important report. A ligence analysis attacking the CIA for phase 1 and phase 2—was a unanimous February 2007 report from the Depart- not embracing a link between Iraq and decision of the committee in February ment of Defense inspector general ad- the 9/11 terrorist attacks. So the CIA of 2004. That it took such a long time dresses many of the issues the com- and the intelligence community were to do is another subject. It is also im- mittee had originally intended to ex- trying to do what they could, and these portant to remember that the com- amine relating to this office. That re- people were just end-running them be- mittee adopted these two reports, both port concluded that the Policy Office cause that is what the White House reports, by a vote of 10 to 5—in other of the Pentagon had inappropriately wanted to see. And then, you know, it words, bipartisan. disseminated an alternative intel- was a disgrace, an embarrassment to In undertaking these additional lines ligence analysis, drawing a link be- the Nation. The Department of Defense of inquiry, the committee acted to tell tween Iraq and al-Qaida terrorists— inspector general found himself that a complete story of how intelligence again what the administration want- these actions were highly inappro- was not only collected and analyzed ed—who carried out the attacks on priate. prior to the Iraq invasions but how it September 11. This hypothesis has been Our most recent report shows that was publicly used in authoritative these rogue actions of this office were thoroughly examined by the intel- statements made by the highest offi- not isolated. The committee’s body of ligence community and no link was cials in the Bush administration in fur- work on Iraq-related intelligence—a se- found. That, however, did not stop this therance of its policy to overthrow ries of six reports issued over a 4-year office from concocting its own intel- Saddam Hussein and more. period—demonstrate why congressional ligence analysis and presenting it to I believe these reports will help an- oversight is essential in evaluating senior policymakers. The committee swer some of the many lingering ques- America’s intelligence collection and first uncovered this attempt by DOD tions surrounding the Nation’s mis- analytical activities. policy officials to shape and politicize During the course of its investiga- guided decision to launch the war in intelligence in order to bolster the ad- tion, the committee found that the Oc- Iraq. ministration’s policy in our July 2004 tober 2002 National Intelligence Esti- I yield the floor. report and the inspector general’s re- mate on Iraq’s alleged weapons of mass The PRESIDING OFFICER (Mr. view. Both of these were confirmed. destruction was based on stale, frag- CARDIN). The Senator from Pennsyl- The committee’s own investigation mentary, and speculative intelligence vania. of the policy office’s activities had reports and replete with unsupported f been abruptly terminated by the judgments. Troubling incidents were ORDER OF PROCEDURE former chairman of the Intelligence reported in which internal dissent and Mr. SPECTER. Mr. President, I have Committee in July of 2004 because the warnings about the veracity of intel- consulted with the Senator from Rhode inspector general’s report thoroughly ligence on Iraq were ignored in the Island, Mr. WHITEHOUSE, who is next in covered the issues of alternative anal- rush to get to war. ysis when the committee investigation The committee’s investigation also line, and he has agreed to permit me was restarted in 2007, it focused on revealed how administration officials to—I expected to have 10 minutes at clandestine meetings between DOD pol- applied pressure on intelligence ana- 10:45. Senator WHITEHOUSE has gener- icy officials and Iranians in Rome and lysts prior to the war for them to sup- ously permitted me to go ahead for 5 Paris in 2001 and 2003. port links between Iraq and the terror- minutes. These meetings were facilitated by ists responsible for the attacks of Sep- I ask unanimous consent that fol- Manucher Ghorbanifar, an Iranian tember 11, none of which existed. lowing my 5 minutes, Senator exile and intelligence fabricator impli- Our investigation detailed how the WHITEHOUSE be recognized, and then, as cated in the 1986 Iran Contra scandal. Iraqi National Congress and Ahmed I have already spoken to the Senator During these meetings, intelligence Chalabi attempted to influence the from Maryland, Mr. CARDIN, he will be was collected, but it was not shared U.S. policy on Iraq by providing false recognized, and then Senator SMITH with the intelligence community. It information through defectors directed will be recognized in the regular se- went right around the intelligence at convincing the United States at the quence in morning business. community, including the CIA. They higher levels that Iraq possessed weap- The PRESIDING OFFICER. Without knew nothing about it. George Tenet ons of mass destruction and had links objection, it is so ordered. indicated there was no possible way he to terrorists and how this false infor- f knew anything about this. mation was embraced despite warnings JUDICIAL GRIDLOCK The committee’s findings paint a dis- and fabrication. turbing picture of Pentagon policy offi- The committee’s investigation also Mr. SPECTER. I thank my col- cials who were distrustful of the intel- documented for the public how the ad- leagues. I have sought recognition to ligence community and undertook the ministration ignored the prewar judg- comment on a couple of subjects. One collection of sensitive intelligence ments of the intelligence community is the gridlock we are facing now in without coordinating their activities. that the invasion would destabilize se- this body on the issue of judicial con- It was a rogue operation. It went to curity in Iraq and provide al-Qaida firmations. high levels in the administration; it with an opportunity to exploit the sit- It is my hope that we will yet be able went right to the National Security uation and increase attacks against to find a formula to break this cycle of Council, totally bypassing all other in- U.S. forces during and after the war. gridlock. I have spoken on the subject telligence agencies. It is infuriating After 5 years and the loss of over 4,000 repeatedly—about the events of the and not the way intelligence should be American lives, these ignored judg- last 20 years, where in the last 2 years handled at all. ments were tragically prescient. of each administration, when the White The actions of DOD officials to blind- Overall, the findings and conclusions House is controlled by one party, as ly disregard the red flags over the role of the committee’s Iraq investigation was the case with President Reagan in

VerDate Aug 31 2005 02:05 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.011 S05JNPT1 smartinez on PROD1PC64 with SENATE S5136 CONGRESSIONAL RECORD — SENATE June 5, 2008 his last 2 years, and the nominations amendment, a third on an inter- steel market. This will put our industry at a were gridlocked, and slowed down. national competitiveness amendment, serious disadvantage and likely send jobs Similarly, with President Bush the and a fourth on process gas emissions. overseas actually increasing emissions from steelmaking in non-carbon-reducing nations. first, the last 2 years were slowed There being no objection, the mate- down, and then other devices and pro- rial was ordered to be printed in the Mr. SPECTER. But there is no way cedures were employed during the last RECORD, as follows: to get 60 votes to impose cloture unless we find a way to allow Senators to 2 years of President Clinton’s adminis- SPECTER AMENDMENTS TO LIEBERMAN- tration, procedures employed by the WARNER BILL offer their amendments. Finally, I ask unanimous consent Republican caucus. As I have said on a As I stated on the Senate floor on Tuesday, that the full text of a floor statement number of occasions, I think the Re- it was my intention to offer amendments; of mine on the New England Patriots publican caucus was wrong. I said so, It is very disappointing that the Majority Leaders has opted to move to cloture on the videotaping of NFL football games be and I voted so, in support of President Boxer substitute without allowing consider- printed in the CONGRESSIONAL RECORD Clinton’s nominations. And now, I ation of amendments; as if read in full on the Senate floor. think the Democratic caucus is wrong I have played a constructive role in this There being no objection, the mate- in what the Democratic caucus is debate in an attempt to improve the bill and rial was ordered to be printed in the enter into a substantive discussion with my doing. RECORD, as follows: I am not going to get into all of the colleagues; SENATE FLOOR STATEMENT ON THE NEW nuances of the so-called ‘‘deal’’ about Since there will be no votes on amend- ments, I will instead file my amendments for ENGLAND PATRIOTS VIDEOTAPING the confirmation of three circuit public scrutiny until the next opportunity to (By Arlen Specter, June 5, 2008) judges before Memorial Day, but that debate this important issue; With the Memorial Day Recess and the deal could have been accomplished had Emissions Caps/Targets Amendment.—This cancellation of my west coast fundraising the judges waiting in line the longest amendment substitutes the Bingaman-Spec- trip due to my recurrence of Hodgkin’s, been processed as opposed to judges ter emissions caps in place of the Lieberman- there was time to review and reflect on the who had not had their investigations Warner caps. I have serious concerns that issues and comments on the New England done and had not had their ABA clear- the emissions limits are not aligned with Patriots’ videotaping and to prepare a sum- necessary technologies. If I had a comfort ances. mary for entry into the Congressional level with the ability of our nation to meet Record for future reference. But, all of that is prologue, as I see these targets, I could support them, but I re- it. During an Judiciary executive com- BACKGROUND: TWO QUESTIONS; NO ANSWERS; main unconvinced. NO INITIAL INTENT FOR AN INVESTIGATION mittee meeting, before the recess, I Lieberman-Warner Bingaman-Specter When I made my first inquiry of the NFL said publicly that I hoped to sit down on the videotaping, there was no intent to with this chairman to try to work In 2012, limits to 2005 levels ...... In 2012, limits to 2012 levels. initiate an investigation. After reading through this. We had a meeting sched- In 2020, limits to 15% below 2005 In 2020, limits to 2006 levels. about the Patriots’ videotaping of the Jets (1990 levels). uled yesterday, and we are going to sit In 2030, limits to 30% below 2005 In 2030, limits to 1990 levels. September 9, 2007 game, I wrote Commis- down this afternoon. So it is my hope In 2050, limits to 71% below 2005 In 2050 calls for at least 60% sioner Roger Goodell by letter dated Novem- below 2006 levels, contingent on ber 15, 2007, shortly before the Patriots were we will find a way through this thick- international effort. et. scheduled to play the Philadelphia Eagles, Cost-Containment Safety-Valve Amend- asking if there had been any evidence of I have proposed a protocol where we videotaping of the 2005 Super Bowl between would have a hearing so many days ment.—This amendment would insert the Bingaman-Specter so-called ‘‘safety valve’’ the Eagles and the Patriots: after a nomination; then so many days Dear Commissioner Goodell: later, we would have executive com- or Technology Accelerator Payment mecha- nism into the Lieberman-Warner bill. That With the New England Patriots about to mittee action; then so many days later, provision provides a price-capped option for play the Philadelphia Eagles again, as they floor action. purchasing emissions allowances from the did in the Super Bowl in January 2005, I I think it is time that we reexamined government when the market price rises too would appreciate your advising me what the blue slip situation, a concept where high. Starting at $12 per ton in 2012 and ris- your investigation showed, if anything, on the question of the Patriots stealing Eagles’ an individual who was personally ob- ing 5% over inflation annually, this is an im- signals during that Super Bowl game. portant protection for the economy. I am noxious to a given Senator was ob- I had thought there would be some addi- jected to. Well, I have grave questions open to considering a different price level, tional disclosures following your initial about that standard for excluding peo- but it is a fundamentally important provi- sanction on the Patriots and Coach sion. If this mechanism is triggered, all of ple. I think it ought to be a matter of Belichick, but I did not see anything further the funds collected through the purchase of so I would like a response on this specific whether they are publicly obnoxious, allowances would be invested directly in but, what we ought to do is we ought to question. zero- and low-carbon technologies to accel- Sincerely, vote; we ought to bring these people to erate our ability to reduce emissions. ARLEN SPECTER. the floor for a vote. International Competitiveness Amend- ment.—This amendment takes a number of I received no answer. When I later read f steps to further refine the excellent proposal about the NFL’s destruction of the video- GLOBAL WARMING that was first included in the Bingaman- tapes, I wrote again by letter dated Decem- ber 19, 2007: Mr. SPECTER. Mr. President, I am Specter bill to require purchase of emissions allowances by importers of goods into the Dear Commissioner Goodell: sorry to see that the majority leader U.S. from countries which are not taking More than a month has passed since I has filled the tree on the global warm- comparable action on climate change. The wrote to you on November 15, 2007 con- ing bill. There is no way we are going amendment seeks to better define ‘‘com- cerning the issue of the New England Patri- to move ahead on this legislation, as I parable action.’’ It also makes the effective ots spying on the Philadelphia Eagles on their 2005 Super Bowl game. I would appre- have stated before on the floor, if we date for import allowances the same as the ciate a prompt response. effective date for domestic producers (2012). are not permitted to offer amendments. I was surprised to read in the New York I think there is general agreement, Further, it applies the import allowance pro- Times on December 16th that the NFL had although there are still some dis- gram to all countries, including those with destroyed the tapes on the Patriots spying. senters, that we need to do something. ‘‘de minimis’’ emissions levels. Finally, it Is that true? equalizes the ability of importers to submit The same New York Times story also con- We have the Warner-Lieberman bill. I foreign credits and allowances to the same 15 think it has objectives which are not tained the author’s surmising that there was percent limit for which domestic producers more than one copy because of the general technologically obtainable, which are may use. practice of not having a single copy of any- too difficult on the U.S. economy, and Process Gas Emissions Amendment.—This thing. Was there a second copy? Is it possible have joined with Senator BINGAMAN on amendment exempts process gas emissions to retrieve a copy? alternative legislation. from ironmaking, steelmaking, steel recy- Candidly, the destruction of the tapes is, in I ask unanimous consent that the cling, and coke processes. There are cur- my opinion, highly suspicious. I would appre- rently insufficient technological options to ciate your reply as to the scope of your in- statement regarding a number of make virgin steel without emitting carbon amendments which I had proposed to vestigation and your findings on the number dioxide from the use of coal and coke. There- of times the Patriots spied and on whom. introduce be printed in the RECORD, fore, requiring submission of allowances will I share the concern that your treatment of one on emissions caps/targets, a second only raise the cost of domestic steel in a the Patriots and Coach Belichick was insuffi- on a cost-containment safety-valve highly competitive and unforgiving global cient. I would like to know the specifics of

VerDate Aug 31 2005 02:05 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.013 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5137 the misconduct which you found and your videotapes and notes made by the Patriots 2007, partial text of my December 19, 2007 let- reasons for imposing the penalties which you employee who reviewed the tapes on behalf ter and a partial text of his reply dated Jan- did. of the club. Following that review, the tapes uary 31, 2008. As I have said on many occasions in the and the notes were destroyed by our office in I was then accused of timing the dropping past, including legislation which I have in- order to ensure that they could not be used of a bomb on Super Bowl weekend. The fact troduced, the NFL has a special duty to the for any purpose going forward. Our goal was is that had my earlier letters been answered, public in light of the antitrust exemption to ensure that the Patriots would not secure the matter would not have achieved such at- which the NFL enjoys. any possible competitive advantage as a re- tention. I would appreciate a prompt response to sult of the misconduct that had been identi- Those events then led to my meeting with the questions posed in this letter and in my fied. The Patriots have separately certified Commissioner Goodell in my Senate office prior letter to you. to me in writing that we received all tapes, on February 13, 2008, and a series of disclo- Sincerely, all notes, and that no other material exists sures far beyond the Commissioner’s initial ARLEN SPECTER. relating to taping of defensive signals. statement at his February 1 news con- Again, I received no answer. Our investigation specifically disclosed ference: ‘‘I believe there were six tapes, and I thought nothing more about the issue nothing relating to the stealing of Eagles’ I believe some were from the pre-season in until early January 2008 after returning to signals during the Super Bowl game between 2007, and the rest were primarily in the late Washington when I had a casual conversa- the Patriots and the Philadelphia Eagles in 2006 season,’’ before the Patriots were caught tion in the Capitol with New York Times re- 2005. (The two teams had only played one videotaping the Jets on September 9.’’ porter Carl Hulse who covers the Senate. other game against each other in the current Hulse asked me who I thought would win the decade, a preseason game in the summer of THE ANTITRUST EXEMPTION—PUBLIC Super Bowl and I jokingly replied that it all 2003.) We have no reason to believe that the FINANCING FOR STADIUM CONSTRUCTION depended on whether there was cheating. outcome of the 2005 Super Bowl was affected A question is sometimes raised as to That led to a conversation about the Patri- in any way by the improper taping of Eagles’ Congress’s reasons for special attention to ots’ videotaping and my unanswered letters. defensive signals. the NFL. In part, it is because the NFL has At Hulse’s request, I gave him copies of The discipline I imposed on both the Patri- an antitrust exemption enjoyed by few other those letters. ots and Coach Belichick was very substan- businesses. The NFL has contracts for broad- I thought nothing more about the matter tial. No coach has ever been fined as much as cast rights with Fox, NBC, CBS and ABC/ until the middle of the week before the Coach Belichick, and no club has been re- ESPN to make more than $3.7 billion Super Bowl when I received a call from New quired to forfeit its first round selection in through 2011. Over the past twenty-five York Times sportswriter Greg Bishop. Hulse the college draft for such an on-field viola- years, the NFL has earned roughly $33.6 bil- had given him my letters. I gave him back- tion. I am confident that neither the Patri- lion from its television contracts with broad- ground of my reasons for writing. Bishop ots, nor any other NFL team, will engage in cast networks. then apparently contacted the Commis- this type of conduct again. When I saw what was happening with sta- sioner’s office on the Thursday before the I believe that I have no more significant dium financing in the 1990’s, I introduced the Super Bowl, prompting Commissioner Good- responsibility than protecting the integrity Stadium Financing Act of 1999 (S. 952) on ell to write to me on January 31, 2008: of the game and promoting public confidence March 19, 1999, requiring the NFL to con- Dear Senator Specter: in the NFL, and that our actions in response tribute 10% of the amounts received under I saw today for the first time your letters to the Patriots’ taping was entirely con- the joint agreement for broadcasting rights inquiring about my investigation into the sistent with that responsibility. to finance the construction and renovation taping of defensive signals by the New Eng- Again, I regret not having seen and re- of playing facilities. As a matter of basic land Patriots. I apologize for not having re- sponded to your questions sooner. As always, fairness, the owners should have been paying plied earlier. (I have instructed my staff to I appreciate your interest in the NFL. for their own stadium construction without contact your office to make sure that you Sincerely, relying on the public funds desperately need- have my best phone and fax numbers for our ROGER GOODELL. ed for so many other purposes. In my opin- future communications.) The next day, February 1, 2008, there was a ion, it would have been sound public policy With respect to the Patriots matter, senior headline at the top of the New York Times to condition the antitrust exemption on the members of my staff conducted detailed, in- sports page: ‘‘Senator Arlen Specter Wants owners paying for construction costs with- dividual interview with Patriots’ owner Rob- NFL Commissioner Goodell to Explain the out relying on taxpayers funds. Under the ert Kraft, Coach Belichick, and other Patri- Rationale Behind Destroying Evidence that threat of franchise removal to other cities, ots employees promptly after this matter the Patriots Cheated,’’ followed by text of NFL teams have extracted enormous public came to our attention. They reviewed the my letter to Goodell dated November 15, funding. STADIUMS—PUBLIC CONTRIBUTION ( FROM BONDS, TAXES, ETC.)

Public Private con- City Year opened Project cost contribution tribution (in Lease (years) (in millions) (in millions) millions)

Glendale, AZ ...... 2006 $448 $344 $104 30 Philadelphia ...... 2003 512 202 310 30 Detroit ...... 2002 471 125 346 35 Houston ...... 2002 424 309 125 30 Boston ...... 2002 452 ...... *452 25 Seattle ...... 2002 465 296 169 30 Denver ...... 2001 370 229 141 30 Pittsburgh ...... 2001 271 158 123 30 Cincinnati ...... 2000 450 425 25 26 Cleveland ...... 1999 300 212 88 30 Nashville ...... 1999 292 220 72 30 Baltimore ...... 1998 224 200 24 30 Tampa Bay ...... 1998 168 153 15 30 Washington DC ...... 1997 251 71 180 30 Charlotte ...... 1996 250 50 200 31 St. Louis ...... 1995 257 257 0 30 Atlanta ...... 1992 214 214 0 20

Total Public Contribution ...... $3.46 billion ...... *The Commonwealth of Massachusetts contributed $70 million to be repaid over twenty years.

FUTURE PLANS

Public Private City Type Project cost contribution contributions (in millions) (in millions) (in millions)

Dallas ...... New Stadium ...... $650 $325 $325 Indianapolis ...... New Stadium ...... 500 400 100 Kansas City ...... Renovation ...... 325 250 75 Minneapolis ...... New Stadium ...... 675 395 280 New Orleans ...... Renovation ...... 135 ...... New York ...... New Stadium ...... 800 ...... Source: The Fans, Taxpayers, and Business Alliance For NFL Football in San Diego, available at http://www.ftballiance.org/stadiums/financing.php

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.006 S05JNPT1 smartinez on PROD1PC64 with SENATE S5138 CONGRESSIONAL RECORD — SENATE June 5, 2008 A comparable situation exists with respect to Major League Baseball: NEW STADIUMS IN PROFESSIONAL BASEBALL (1990–2003)

Real costs Percent Public cost Cost per seat City Capacity Year b in replaced (millions) public per Seat stadium

Tampa Bay c,d ...... 46,000 1990 225.30 100.00 4,699.96 NA Chicago ...... 44,321 1991 212.50 100.00 4,786.73 142.71 Baltimore ...... 48,000 1992 260.20 96.00 4,560.00 1,498.41 Arlington ...... 49,292 1994 227.74 71.00 3,280.38 589.41 Cleveland ...... 42,400 1994 206.59 88.00 7,287.79 927.43 Denver ...... 50,100 1995 242.93 75.00 3,636.72 NA Atlanta ...... 49,831 1997 252.13 0.00 0.00 1,910.65 Phoenix c,d ...... 48,569 1998 368.70 68.00 5,162.03 NA Seattle ...... 46,621 1999 535.00 66.66 7,537.10 307.21 Detroit ...... 40,000 2000 300.00 38.00 2,875.00 NA Houston d ...... 42,000 2000 250.00 68.00 4,047.62 4,532.07 San Francisco ...... 41,059 2000 255.00 3.92 243.45 1,993.85 Milwaukee ...... 43,000 2001 394.20 77.50 7,209.30 895.58 Pittsburgh ...... 38,365 2001 252.51 100.00 6,829.14 4,138.97 Cincinnati ...... 42,059 2003 399.08 86.15 6,657.01 3,773.28 Average e ...... 44,671 1997 298.06 79.56 5,274.52 1,867.23 Total Public Financing ...... $ 3.01 billion ...... Notes: Data obtained from www.ballparks.com and author’s calculations. a Current dollars at date stadium opened. b Dollars adjusted by BLS inflation factor to represent 2000 dollars. c New stadium not replacing an old stadium. d Domed or retractable roof stadium. e Includes only those stadiums with majority funding, i.e., excluding Atlanta and San Francisco. Source: Depken, Craig, The Impact of New Stadiums on Professional Baseball Team Finances available at http://www.uta.edu/depken/P/SportsArenas16.pdf

The public contribution for the Philadel- The Patriots took elaborate steps to con- GAMES WALSH MAY HAVE FILMED BUT NOT phia Phillies stadium which opened in 2004 ceal their filming of opponents’ signals. Pa- POSITIVE was $174 million. Nationals Park, in Wash- triots personnel instructed Walsh to use a October 15, 2000: New York Jets v. New ington D.C., was completed in 2008 at a cost ‘‘cover story’’ if anyone questioned him England Patriots of $610.8 million and was 100% publicly fund- about the filming. For example, if asked why August 18, 2001: Carolina Panthers v. New ed. the Patriots had an extra camera filming, he England Patriots (Preseason) THE CONCEALED TAPING AND SPYING WAS was instructed to say that he was filming December 22, 2001: Miami Dolphins v. New DONE ON A WIDESPREAD BASIS ‘‘tight shots’’ of a particular player or play- England Patriots Contrary to Commissioner Goodell’s initial ers or that he was filming highlights. If GAMES WALSH WITNESSED STEVE SCARNECCHIA statement that: ‘‘[W]e think (the taping) was asked why he was not filming the play on the FILMING field, he was instructed to say that he was quite limited. It was not something that was September 9, 2002: Pittsburgh Steelers v. filming the down marker. The red light that done on a widespread basis,’’ the facts dem- New England Patriots indicated when his camera was rolling was onstrate the opposite. At my meeting with November 16, 2003: Dallas Cowboys v. New broken. Goodell on February 13, 2008, he dramatically England Patriots changed the story and conceded that taping During at least one game, the January 27, September 25, 2005: Pittsburgh Steelers v. began in 2000. Until my meeting with Matt 2002, AFC Championship game with the New England Patriots Walsh on May 13, 2008, the only taping we Steelers, Walsh was specifically instructed GAMES FOR WHICH THE PATRIOTS TURNED OVER knew about took place from 2000 until 2002 not to wear anything displaying a Patriots TAPES TO THE NFL and during the 2006 and 2007 seasons. logo. Walsh indicated he turned the Patriots That left an obvious gap between 2003 and sweatshirt he was wearing at the time in- 2006 Season: Games v. New York Jets, 2005. In response to my questions, Walsh side-out. Walsh was also given a generic cre- Miami Dolphins and Buffalo Bills (unclear on stated he had season tickets in 2003, 2004 and dential instead of one that identified him as specific dates because each team played two 2005, and saw Steve Scarnecchia, his suc- team personnel. These efforts to conceal the games against the Patriots) cessor, videotape games during those seasons filming demonstrate the Patriots knew they September 9, 2007: New York Jets v. New including: were violating NFL rules. England Patriots (Estrella caught by Jets) The Patriots’ September 9, 2002 game While there may have been others, as best GAMES THE MEDIA REPORTED THE PATRIOTS against the Steelers. as can be determined from the available in- TAPED The Patriots’ November 16, 2003 game formation, the Patriots taped opponents’ sig- August 31, 2006: New York Giants v. New against the Cowboys. nals in the following games: England Patriots (Preseason) The Patriots’ September 25, 2005 game September 17, 2006: New York Jets v. New against the Steelers, which the Steelers won GAMES FOR WHICH WALSH TURNED OVER TAPES England Patriots 23–20. TO THE NFL November 19, 2006: Green Bay Packers v. Walsh stated he observed Scarnecchia film- September 25, 2000: Miami Dolphins v. New New England Patriots ing additional Patriots home games, though England Patriots December 3, 2006: Detroit Lions v. New he could not recall the specific games. Walsh October 7, 2001: Miami Dolphins v. New England Patriots said he did not tell Goodell about the taping England Patriots (Offense & Defense) THE VIDEOTAPING HAD A SIGNIFICANT IMPACT during 2003, 2004 and 2005 because he was not November 11, 2001: Buffalo Bills v. New ON THE GAMES asked. England Patriots The overwhelming evidence flatly con- Matt Walsh and other Patriots employees, December 8, 2001: Cleveland Browns v. New Steve Scarnecchia, Jimmy Dee, Fernando tradicts Commissioner Goodell’s assertion England Patriots Neto, and possibly Ed Bailey, were present to that there was little or no effect on the out- January 27, 2002: Pittsburgh Steelers v. observe most, if not all, of the St. Louis come of the games. During his February 1, New England Patriots (AFC Championship) Rams walk-through practice in advance of 2008 press conference, Commission Goodell the 2002 Super Bowl, including Marshall GAMES WALSH FILMED (NO TAPES TURNED OVER) stated, ‘‘I think it probably had a limited ef- Faulk’s unusual positioning as a punt re- August 20, 2000: Tampa Bay Buccaneers v. fect, if any effect, on the outcome on any turner. David Halberstam’s book, The Edu- New England Patriots (Preseason) game.’’ Later during that press conference, cation of a Coach, documents the way October 8, 2000: Indianapolis Colts v. New Goodell stated again, ‘‘I don’t believe it af- Belichick spent the week before the Super England Patriots fected the outcome of any games.’’ Commis- sioner Goodell’s effort to minimize the effect Bowl obsessing about where the Rams would November 5, 2000: Buffalo Bills v. New Eng- line up Faulk. of the videotaping is categorically refuted by land Patriots Walsh was asked, and he told Assistant the persistent use of the sophisticated Coach Brian Daboll about the walk-through. September 23, 2001: New York Jets v. New scheme which required a great deal of effort Walsh said Daboll asked him specific ques- England Patriots and produced remarkable results. tions about the Rams offense, and Walsh told September 30, 2001: Indianapolis Colts v. The filming enabled the Patriots coaching Daboll about Faulk’s lining up as a kick re- New England Patriots staff to anticipate the defensive plays called turner. Walsh said Daboll then drew dia- October 7, 2001: Miami Dolphins v. New by the opposing team. According to Walsh, grams of the formations Walsh had de- England Patriots he first filmed an opponent’s signals during scribed. According to media reports, Daboll October 14, 2001: San Diego Chargers v. New the August 20, 2000 pre-season game against denied talking to Walsh about Faulk. The England Patriots the Tampa Bay Buccaneers. After Walsh NFL has not disclosed the details on Daboll’s November 11, 2001: Buffalo Bills v. New filmed a game, he would provide the tape for statements. We do not know what England Patriots Ernie Adams, a coaching assistant for the Scarnecchia, Dee, Neto or Bailey did, or December 9, 2001: Cleveland Browns v. New Patriots, who would match the signals with what they said if they were interviewed. England Patriots the plays.

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.009 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5139 Walsh was told by a former offensive play- offensive lineman and an ESPN football ana- Where it helped the most came when they er that a few days before the September 3, lyst, is quoted in the New York Times on went to their no-huddle offense. Because a 2000 regular season game against Tampa May 14, 2008: defense does not know when the ball will be Bay, he (the offensive player) was called into Then why are you doing it against teams snapped in the no-huddle, it must call its a meeting with Adams, Bill Belichick and you aren’t going to play again that season? plays quickly. The quarterback, then, could Charlie Weis, then the offensive coordinator Schlereth said that the breadth of informa- simply wait until the defense was signaled in for the Patriots, during which it was ex- tion on the tapes—mainly, the coaches’ sig- and the word was relayed to him by his plained how the Patriots would make use of nals and the subsequent play—would be sim- coaches in his headset what to call against the tapes. The offensive player would memo- ple for someone to analyze during a game. it. rize the signals and then watch for Tampa There are enough plays in the first quarter, Defenses normally use the same or similar Bay’s defensive calls during the game. He he said, to glean any team’s ‘‘staples,’’ and a signals from game to game and even year to would then pass the plays along to Weis, who quick view of them could prove immediately year under the same coordinators. The rea- would give instructions to the quarterback helpful. son is simple: It’s not as easy to change sig- on the field. This process enabled the Patri- ‘‘I don’t see them wasting time if they nals in football as it is in baseball, where the ots to go to a ‘‘no-huddle’’ offense, which weren’t using it in that game,’’ Schlereth calls are simple. It will confuse the players— would lock in the defense the opposing team said. the reason for so many of those had called from the sideline, preventing the COACHES, PLAYERS AND SPORTS COMMENTA- ‘‘miscommunications.’’ defense from making any adjustments. When TORS/EXPERTS CONFIRM VIDEOTAPING HAD A The Pittsburgh Tribune-Review’s issue of Walsh asked whether the tape he had filmed SIGNIFICANT IMPACT ON THE GAMES May 9, 2008 noted the comment of Steelers was helpful, the offensive player said it had Jim Bates, the Miami Dolphins’ defensive linebacker Larry Foote who joined the team enabled the team to anticipate 75 percent of coordinator in 2001 who stepped down as the the season after the 2002 championship game the plays being called by the opposing team. Denver Broncos’ Assistant Head Coach of de- and started against the Patriots when the Tampa Bay won the August 20, 2000 pre- fense in January 2008, was referenced and teams met in a title game three years later. season game by a score of 31–21. According to quoted in the Palm Beach Post on May 13, The Tribune-Review said: the information provided by Matt Walsh, the 2008: Patriots used the film to their advantage (Foote) believes the Patriots may have Bates wouldn’t declare that the Patriots when the Patriots played Tampa Bay in gained an advantage by taping signals, but stole the 2001 AFC East title, but he wasn’t their first regular season game on September he doesn’t know how much. afraid to accuse the Patriots of putting the 3, 2000. The Patriots narrowed the spread, ‘‘If they know our defense, that’s a big ad- Dolphins at a ‘‘tremendous disadvantage’’ in losing by a score of 21–16. After the game, vantage,’’ Foote said yesterday. ‘‘But we their critical rematch that essentially de- Charlie Weis, the Patriots’ offensive coordi- don’t know the degree of it. We’ll never cided the division. nator, was reportedly overheard telling know the degree of it.’’ ‘‘There’s only a certain number of plays Tampa Bay’s defensive coordinator, Monte In a highly critical article in the St. Louis that truly determine winning and losing,’’ Kiffin, ‘‘We knew all your calls, and you still Post-Dispatch on May 16, 2008 entitled ‘‘Get- Bates said. ‘‘It might come down to five stopped us.’’ The tapes Walsh turned over to ting Tougher to Keep NFL Image Clean,’’ plays. Sometimes it’s just one play. A crit- the NFL indicate the Patriots filmed the Bryan Burwell asserts that the Patriots had ical play at a critical time to move the Dolphins during their game on September 24, a competitive advantage on their taping, and sticks and get a first down, it definitely can 2000, a game the Patriots lost by 10–3. concludes his column with the question change the outcome of a game.’’ . . . . According to Walsh, when the Patriots ‘‘Who says crime doesn’t pay?’’ ‘‘To know their personnel as soon as they first began filming opponents, they filmed do . . . it’s a tremendous advantage,’’ Bates KEY CONCLUSION: NFL INVESTIGATION LACKED opponents they would play again during that said. ‘‘You’re not panicking to get players in CREDIBILITY same season. The Patriots played the Dol- and out of the game as far as matching up The most important conclusion from the phins again that season on December 24, 2000; with the offense.’’ NFL investigation is its lack of credibility. they again narrowed the spread, losing by a The same Palm Beach Post article ref- This judgment emerged from the NFL’s cal- score of 27–24. erenced comments made by former Dolphins According to Walsh, he filmed the Patri- culated effort to appear objective while pull- quarterback Jay Fiedler. Although Fiedler ots’ game against Buffalo on November 5, ing its punches and acting only when com- contended that stealing offensive signals 2000, a game the Patriots lost 16–13. When the pelled by public pressure. didn’t have much impact on a game, the Post Patriots played the Bills again that season (1) Commissioner Goodell’s letter to me article said that: on December 17, 2000, the Patriots won by a dated January 31, 2008 stated that my letters score of 13–10. Fiedler, a Dartmouth grad known as a cer- of November 15, 2007 and December 19, 2007 During the following season, Walsh filmed ebral quarterback, certainly would have wel- had just come to his attention: ‘‘I saw today the Patriots’ game against the Jets on Sep- comed inside information on the opposition’s for the first time your letters inquiring tember 23, 2001, a game the Patriots lost by defensive signals. about my investigation into the taping of de- a score of 10–3. When the Patriots played the ‘‘That’s what you put all the hours of film fensive signals by the New England Patri- Jets again that season on December 2, 2001, study throughout the week for,’’ Fiedler ots.’’ The Commissioner’s representation the Patriots won by a score of 17–16. said, ‘‘to get that little advantage out on the that this was the first the NFL had known of The tapes Walsh turned over to the NFL field, to see the little rotations in the de- my letters was contradicted by an email ex- indicate the Patriots filmed the Dolphins fense or how they line up or the alignments change on January 25, 2008 between NFL during their game on October 7, 2001, a game to tip off what kind of blitz is coming.’’ counsel and my staffer, Ivy Johnson, that the Patriots lost by 30–10. When the Patriots ‘‘If the quarterback knows what’s coming, the NFL had received my letters and would played the Dolphins again that season on De- he can dissect it at the line of scrimmage. In reply to them in due course after the Super cember 22, 2001, the Patriots won by a score most cases you’re not going to get an advan- Bowl. of 20–13. tage, but if there’s an exotic blitz coming, (2) The Commissioner originally rep- The Patriots filmed opponents’ offensive then usually there are ways to exploit that.’’ resented in his news conference on February signals in addition to defensive signals. On Commenting on the Patriots’ videotaping 1, 2008 in advance of the Super Bowl that the April 23, 2008, the NFL issued a statement in- in a Pittsburgh Post-Gazette sports article taping was limited to the September 9, 2007 dicating that ‘‘Commissioner Goodell deter- ‘‘On the Steelers’’ on May 25, 2008, Ed game and six other games. Specifically, he mined last September that the Patriots had Bouchette said: stated: ‘‘I believe there were six tapes, and I violated league rules by videotaping oppos- The practice was unique to Belichick and believe some were from the preseason in 2007, ing coaches’ defensive signals during Patri- his crew. Some pro scouts advancing games and the rest were primarily in the late 2006 ots games throughout Bill Belichick’s tenure have told me that they’ve tried to steal the season.’’ That representation was flatly con- as head coach.’’ (Emphasis added). However, signals of opposing coaches on the sideline tradicted in the meeting of February 13, 2008 the tapes turned over by Matt Walsh on May which is as legal as trying to pick up the between Commissioner Goodell and me 8, 2008 contain footage of offensive signals. third-base coaches’ signals in baseball. Some where he admitted that the taping had gone The tapes turned over to the NFL and the in- say it can help, some say it’s futile and on back to the year 2000. formation provided by Walsh prove that the wastes time. (3) The NFL’s judgment on the penalty was Patriots also routinely filmed opponents’ of- ‘‘I didn’t think it was worth the time and not credible—really not rational. The Patri- fensive signals. energy you were looking at,’’ said Hal ots were caught taping the Jets on Sep- Why did the Patriots videotape signals Hunter, who spent 23 years in the league as tember 9, 2007. The Commissioner imposed during games when they were not scheduled a coach and pro scout, including four as the the penalty on September 13, 2007. The NFL to play that opponent during the balance of Steelers’ offensive line coach in the 1980s. reviewed the tapes for the first time on Sep- the season unless they were able to utilize But, if you can set up a sophisticated sys- tember 17, 2007. The NFL announced the the videotape during the latter portion of tem like the Patriots had, it was worth it. tapes had been destroyed on September 20, the same game? The NFL has not addressed New England would break down its videotape 2007. How could the penalty be rationally im- the question as to whether the Patriots de- of the coaches using their hand signals from posed before examining the evidence? coded signals during the game for later use earlier games and match it with the defense (4) The Commissioner’s stated reason for in that game. Mark Schlereth, a former NFL that was used on that play. destroying the tapes lacks credibility. He

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.011 S05JNPT1 smartinez on PROD1PC64 with SENATE S5140 CONGRESSIONAL RECORD — SENATE June 5, 2008 said in his January 31, 2008 letter that ‘‘the Even the Boston Globe had a favorable enough’’ to conclude with the judgment tapes and the notes were destroyed by our of- comment about me in its May 11, 2008 edition ‘‘Belichick cheated, was punished, humili- fice in order to ensure that they could not be by Mike Reiss captioned ‘‘Tale of the Tape ated and now his record is tainted.’’ Com- used for any purpose going forward. Our goal Re-Visited’’: ‘‘. . . it would be difficult to menting on my involvement, the New York was to ensure that the Patriots would not se- argue that (Specter) did not add clarity to Daily News said: cure any possible competitive advantage as a the situation.’’ Specter, the Pennsylvania Republican, has result of the misconduct that had been iden- Fox Sports on May 14, 2008 criticized the endless and admirable energy, especially for tified.’’ That objective could have been ob- NFL’s investigation, saying: a 78 year-old man undergoing chemotherapy tained by storing the tapes in a vault and Kudos to the dogged efforts of the media treatments for Hodgkin’s disease, and he they would have been preserved for future in- and Pennsylvania Senator Arlen Specter for says he is concerned about the integrity of spection if the need arose. The NFL would demanding more on Spygate after Goodell’s the game. have avoided the inevitable smell of destroy- essentially declared ‘‘Mission accom- The May 18, 2008 edition of the New York ing evidence. plished.’’ Times contained an article captioned ‘‘Poli- (5) Like destroying the tapes, the NFL’s An article by Jeff Jacobs in the May 13, ticians Challenge Integrity of NFL,’’ written destruction of the Patriots’ notes of tapings 2008 edition of the Hartford Courant cap- by William C. Rhoden, noting: lacks a credible reason—raising the obvious tioned ‘‘Goodell-Walsh Meeting: Only the Sprawling industries cannot adequately inference that there is something to hide. Truth Will Do’’: That applies to all the destruction of notes, police themselves and Specter, to his credit, . . . but give Specter this much: He did but especially to the destruction of notes on is questioning whether the N.F.L. has prop- provide some focus, and it was in their meet- the tapings of the Steelers games. erly handled allegations that Belichick had ing Goodell finally confirmed how long In the AFC Championship game on Janu- assistants videotape opponents’ signals. Belichick had been videotaping other teams. ary 27, 2002, the Patriots defeated the Steel- Specter has called for an independent ‘‘objec- ers by a score of 24–17. Hines Ward, Steelers As noted by Don Banks in the May 14, 2008 tive’’ investigation into the Patriots’ taping wide receiver, was quoted: ‘‘Oh, they knew. article on Sports Illustrated’s website, practice. They were calling our stuff out. They knew, SI.com: ‘‘This one,’’ he said, referring to the NFL’s especially that first championship game I happen to agree with the always-skep- in-house investigation ‘‘has not been objec- (2002) here at Heinz Field. They knew a lot of tical senior senator from Pennsylvania that tive.’’ Specter said Goodell was caught in an our calls. There’s no question some of their NFL commissioner Roger Goodell has an in- ‘‘apparent conflict of interest’’ because the players were calling out some of our stuff.’’ herent conflict of interest whenever he un- N.F.L. doesn’t want the public to lose con- When the Patriots played the Steelers again dertakes to investigate his own league. fidence in the league’s integrity. during their season-opener on September 9, The Los Angeles Times edition of May 16, The conflict isn’t ‘‘apparent,’’ it’s tremen- 2002, the Patriots again won, this time by a 2008 in a column by Sam Farmer captioned dous. The N.F.L. is a multibillion dollar in- score of 30–14. ‘‘Arlen Specter Has Good Reason To Keep An dustry that sells itself on fair competition On October 31, 2004, the Steelers beat the Eye On NFL, Spygate’’ challenged my objec- and championships that are won fairly and Patriots 34–20, forced four turnovers, includ- tivity and added: ‘‘Yes he’s a politician. But squarely. ing two interceptions, and sacked the quar- he could still be right.’’ Noting that, ‘‘Specter is not an objective terback four times. In the AFC Champion- The Bradenton Herald in a May 16, 2008 col- party. He has two professional football ship game on January 23, 2005, the Patriots umn captioned ‘‘NFL Fumbles Again’’ sup- teams in his state,’’ the Rhoden article con- won 41–27 and intercepted Ben ported my position saying: tinued: Roethlisberger three times. The Steelers had Again, we stand alongside the senator on That being said, the issues he (Specter) no sacks that game. his statement: ‘‘What is necessary is an ob- raises about the NFL’s actions against New (6) No objective, credible investigation jective investigation. And this one has not England are legitimate. This book has more would permit a representative of the subject been objective. chapters. of the inquiry to be present at the ques- The NFL’s stand on this scandal is a self- The politics of business and the business of tioning of a key witness. Walsh said that serving ‘‘trust us, we did the right thing.’’ politics usually compromise the sort of fair Dan Goldberg, an attorney for the Patriots, Would anyone trust the White House with and honest competition we celebrate in com- was present at his interview and asked ques- that kind of position? We hold our public of- petitive athletics. tions. With some experience in investiga- ficials to high standards, we demand trans- What a sad sign of the times: the sports in- tions, I have never heard of a situation parency and accountability. dustry has gone so far a field that we need where the subject of an investigation or his/ Specter is threatening the NFL’s antitrust politicians to reel it back in. her/its representative was permitted to be exemption. With its highly visible and While expressing a preference for solutions present during the investigation. It strains unique position in our culture, the league on ‘‘some things that are ‘truly problems’,’’ credulity that any objective investigator owes the public transparency and account- the May 18, 2008 edition of the Chambersburg would countenance such a practice. During a ability. Public Opinion (Pennsylvania) newspaper This isn’t just about sports. This is about hearing or trial, parties will be present with said: the right of cross-examination and con- truth, justice and the American way. frontation, but certainly not in the inves- The NFL doesn’t get it—yet. Congress is not getting into football. It has tigative stage with the sensitive questioning The Herald added: been involved in it because it is required to do so because of the antitrust exemption of a witness. Specter is right on target with his outrage: given to the league by the government. COMMENTS (CRITICISM/COMPLIMENTS) ON MY ‘‘That sequence is incomprehensible,’’ he If the mega-rich owners will give back ACTIVITIES said this week in repeating his criticism of their antitrust exemptions, pay their fair Some newspapers, especially in New Eng- the decision to destroy the materials. ‘‘It’s share of taxes and stop asking taxpayers to land, have been critical of my role, and there an insult to the intelligence of the people pay for their stadiums, they would be able to were some hostile comments on two radio who follow it.’’ tell the likes of Specter to go take a ride. interviews I volunteered to do on the Dennis In an editorial in Chester, Pennsylvania’s But that is not the case, and is why Spec- and Callahan Show on WEEI (Boston radio) Daily Local dated May 17, 2008, captioned ter is within his right to press the issue. on February 8, 2008 and May 16, 2008, but ‘‘Specter Isn’t Accepting Goodell’s ‘Spygate Lee Jenkins, writing in the May 26, 2008, there were many columns, editorials and let- is Over’ Stance,’’ the writer notes: edition of Sports Illustrated, comments: ters to the editor supporting my position. Fortunately for the football fan, Arlen It is commendable that Specter, an un- Harvey Araton, writing in the New York Specter continues to refuse to play by those abashed Eagles fan, is willing to fight to pro- Times sports section on May 9, 2008, called rules. And because he is a U.S. Senator, he tect the ethics of competitive athletics. me the ‘‘crusading Senator Arlen Specter’’ in has a high-volume microphone of his own. a column seeking for the NFL to bar Roger Goodell does not get to announce Jenkins then commented about other areas Belichick from coaching the Patriots for one when an alleged NFL scandal goes away. The which might benefit from congressional season saying, ‘‘One year out. Then let’s see people do, and the people are represented in oversight, saying: Belichick dare spy again in 2009.’’ Congress. That makes Specter correct: The But Congress could use its power in other In its May 10, 2008 edition, the Pittsburgh NFL should be open to independent analysis areas of sports—by scrutinizing readily Tribune-Review commented about the Steel- of the possibility of cheating—cheating by available sports supplements that aren’t reg- ers organization limiting comment on certain teams not against other teams, but ulated by the FDA, perhaps, or by studying Spygate, saying: against the customers, who have the right to the legality and rationality of using public Which brings us to Sen. Arlen Specter, a life- expect fair contests. funds to finance stadiums. There are signifi- time politician who doesn’t have to straddle Goodell may be right. There may be noth- cant digital-age First Amendment issues re- the Steelers’ company line. He refuses to go ing to Spygate. lating to how much control leagues have away and shut up about the New England Pa- But Specter is definitely right: It’s not over who covers their games and how the triots videotaping opposing coaches’ signals. Goodell’s decision. news and images they generate can be used, Bless his heart. The Steelers should be glad The New York Daily News in a column on and there is the wisdom of granting pro they have Specter on their side. May 18, 2008 said that it ‘‘might not be leagues antitrust exemptions.

VerDate Aug 31 2005 02:05 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.013 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5141 An article in the St. Louis American, Anything less renders sportsmanship what key Patriot personnel have said. He dated May 22, 2008, by Mike Claiborne (‘‘NFL meaningless. gives only generalized statements and those Out of Control at the Top, Cheats—and Pro- The publicity in exposing Belichick and shift with the wind to accommodate changes tects Cheaters’’), said: the Patriots conduct has been a far greater in the weather. Uniform comments made by . . . the league tried to look the other way punishment than dollars and draft choices. the owners raise the obvious implication as long as they could until Senator Arlen History will impose the final judgment on that they have coordinated their responses Specter decided he was not satisfied with the the penalty for Belichick and the Patriots. and were issuing statements to the news answers he had been given. SOME NFL REFORMS media from talking points which sought to minimize the seriousness of the taping. They Noting his preference for more attention to The disclosure of the Patriots’ taping has all said it had no impact on the games, speci- other national problems, Claiborne added: produced some potential reforms which, if enforced, could improve the integrity of the fied that they were satisfied with the Com- I have come to appreciate his tenacity. missioner’s results even though their teams Now that he has rattled the cage, the league game. During their 2008 annual spring meeting may have been prejudiced and said that they cannot wait to have some games be played so were ready to move on. the issue can be moved to the back pages. A earlier this spring, the Commissioner pro- The May 16, 2008 story by Sam Farmer of little cooperation with their TV partners, posed, and the NFL owners accepted, a new the Los Angeles Times highlighted the credi- and it will be ‘Spy-Who?’ policy that requires all club owners, execu- tives and head coaches to certify annually bility issue when decisions are made among Sportswriter Dave Fairbank, writing in the that they have complied with league rules 32 owners behind closed doors: Newport News, Virginia Daily Press on May and policies and have reported any violations The NFL is a $6-billion-a-year enterprise. 24th in a column titled ‘‘Sports Need Integ- they know. They also lowered the standard rity, or Else,’’ said in part: Thanks to Congress, it also enjoys an exemp- of proof for establishing any violations of tion from antitrust laws, a luxury rarely af- Specter, that dogged, old cancer survivor, league rules to ‘‘preponderance of the evi- forded other businesses. With that comes re- thought the NFL’s reaction last fall a little dence.’’ Goodell also reserved the right to ex- sponsibility, especially when the league’s too quick, neat and self-serving, so he con- pand programs and technology to monitor credibility is called into question. Making tinued to talk it up and conducted his own and enforce compliance by, for example, con- decisions among 32 owners in closed-door inquiry. ducting regular spot checks of game-day meetings is not always the most forthright He released the findings in a 2,500 word locker rooms, press boxes, coaches’ booths, way to go about things. memo 10 days ago, more than seven months coach-to-player communications systems, after the initial incident that caused all of and other in-stadium communications sys- It wasn’t so long ago that people wondered the hooha. He said Goodell’s remarks and the tems. why the government should be meddling NFL investigation weren’t credible. He be- The NFL had already made changes to the with the big business of Wall Street. Few lieves a Mitchell Report-type of investiga- rules prior to the start of the 2007 season. people question that now. tion is warranted. The New York Times suggested those A greater degree of transparency is essen- You can make the argument that Congress changes were in response to earlier instances tial the next time a Spygate-type situation has more pressing business than NFL cheats when the Patriots were caught filming. Ac- arises. That might help stem the flood of ru- and sneaks. But where Specter is correct is cording to a May 11, 2008 story in the Times, mors, half-truths and outright myths that the point that the NFL ought not to be its the 2007 NFL operations manual shows that swirled around the New England story. own police force in all instances, any more many of those changes concern policies on Congress conferred an antitrust exemption than Big Oil or the Bar Association or the the placement of cameras and microphones. upon professional sports, including football, U.S. government. The league also mandated that neutral oper- because it was viewed as necessary to their After saying it was time to move on, a ators, who have not previously worked that ability to organize a successful football sports column in the Pittsburgh Post-Ga- team’s home games, run the coach-to-quar- league. Over the years, the exemption, which zette May 25, 2008, by Ed Bouchette ‘‘On the terback radio systems, as well as game allows the NFL teams to jointly sell their Steelers’’ said: clocks, for playoff games. In addition, the television rights, has yielded incredible prof- league required that players with radio com- Specter did his job; by raising Cain he rat- its for the NFL. It has been reported that the ponents in their helmets wear a decal—a tled the NFL into at least acknowledging the NFL will generate $7.6 billion in revenue this lime-green dot—on their helmet. In the man- scope of the scandal and forced more details season. Congress has provided the antitrust ual, the league also promised to make unan- onto the public record. exemption without any guarantee of ac- nounced visits to teams to make sure no one countability. In light of the NFL’s investiga- THE PENALTY tampered with the radio systems. It would tion of the Patriots’ taping, I thought it nec- I have not taken issue with the penalty. In obviously be useful if the NFL and other essary to ask the important questions to de- my May 14, 2008, news conference, I was sports leagues would publicly disclose rules termine how widespread a practice taping asked what punishment the Patriots should and procedural changes to provide trans- opponents’ signals was and whether more have received and I said I would not get into parency in their operations instead of wait- could be done to ensure the integrity of the that. I said I wanted to find the facts to deal ing for leaks and news media ferreting out game. with the issues for the future. their private moves which have a public im- The public interest is enormous. Sports As noted earlier, Harvey Araton, in the pact with an arguable public right to know. New York Times on May 9, 2008, called for personalities are role models for all of us, es- A THOROUGH, OBJECTIVE, TRANSPARENT pecially youngsters. If the Patriots can banning Belichick for one year. Similarly, INVESTIGATION IS NEEDED Gregg Easterbrook, writing on ESPN.com on cheat, so can the college teams, so can the On the totality of the available evidence high school teams, so can the 6th grader tak- May 17, 2008, called for the suspension of and the potential unknown evidence, the Belichick for at least a year. On the subject ing a math examination. The Congress has Commissioner’s investigation has been fa- granted the NFL a most significant business of discipline toward Belichick, the May 8, tally flawed. The lack of candor, the piece- 2008, edition of the New York Daily News in advantage, an antitrust exemption, highly meal disclosures, the changes in position on unusual in the commercial world. That lar- an article by Gary Myers captioned ‘‘Double- material matters, the failure to be proactive sided Tape for Bill Belichick’’ stated: gesse can continue only if the NFL can prove in seeking out other key witnesses, and re- itself worthy. Beyond the issues of role mod- It appears that Belichick will escape fur- sponding only when unavoidable when evi- els and antitrust, America has a love affair ther discipline from Goodell. That hardly dence is thrust upon the NFL leads to the with sports. Professional football has topped clears him from cheating all these years. judgment that an impartial investigation is all other sporting events in fan interest. The Seattle Times, in a May 11, 2008, story mandatory. Americans have a right to be guaranteed by Steve Kelley captioned ‘‘Belichick’s Pen- There is an unmistakable atmosphere of that their favorite sport is honestly competi- alty Should Match Severity of Violations,’’ conflict of interest between what is in the tive. public’s interest and what is in the NFL’s in- stated: It may be that the entire matter will have terest. The NFL has good reason to disclose Integrity separates the NFL from the to percolate for a while. The attention span as little as possible in its effort to convince WWE. It is the difference between pro foot- of the American people, including sports the public that what was done wasn’t so bad, ball and pro jai alai. writers, is limited by the rush of ongoing su- had no significant effect on the games and, perseding events on compelling national and The toughest position was taken by the in any event, has been cleaned up. Enormous international issues. Sports fans and others Pittsburgh Tribune Review in its May 11, financial interests are involved and the own- may have lost interest for reasons stated by 2008, edition, saying the fines, penalties and ers have a mutual self-interest in sticking Dave Fairbank in the Newport News, Vir- even suspension of Belichick were ‘‘too le- together. Evidence of winning by cheating ginia Daily Press on May 24, 2008 when he nient’’ and adding: would have the inevitable effect of undercut- commented on why the public tires of inves- Sadly, ‘‘cheating’’ and ‘‘sport’’ have be- ting public confidence in the game and re- tigations and has not demanded a Mitchell- come synonymous. And if the Patriots have ducing, perhaps drastically, attendance and type inquiry: any integrity, they’ll fire Belichick. And if TV revenues. the NFL has any guts, it will ban Bill Commissioner Goodell has conducted a Granted many of you who eyeball pro Belichick from the league. closed door investigation without specifying sports have reached the saturation point.

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.015 S05JNPT1 smartinez on PROD1PC64 with SENATE S5142 CONGRESSIONAL RECORD — SENATE June 5, 2008 You don’t care which baseball players used Independent, thorough investigations are This legislation is premised on the judg- steroids. You don’t want to hear if the Patri- needed to ensure fans of the integrity of the ment that sports fans in a city have a form ots filmed games and tried to steal signals. games. of a ‘proprietary interest’ in their team You are so over Donaghy and the idea of After commenting that I appear vulnerable which should preclude the owners from mov- fixed NBA games. You don’t want to know because Comcast of Philadelphia is at war ing the franchise unless it is a failing busi- which Olympic athlete tested positive when. with the NFL and the Eagles lost the Super ness. In my judgment, a sports team is ‘‘af- You want games. Period. Scores, rivalries, Bowl to New England in 2004, Skip Rozin fected with the public interest.’’ matchups, pennant races, playoff runs. wrote in the May 31, 2008 edition of the Wall I believe a sports team is different from a There are signs bubbling below the surface Street Journal: ‘‘But neither of these facts regular business entity. If an ordinary busi- that potential imminent events could stimu- blunts the point of his (my) inquiry; the NFL ness moves away another such business will late renewed interest in the NFL’s integrity. seems to beg for intervention.’’ Rozin then take its place if a reasonable profit could be The NFL is mentioned in investigations of references the response to the 1919 World Se- made. That is customarily not so with a other sports. ries White Sox/Black Sox scandal where sports team. The New York Times, on May 25, 2008, newly appointed commissioner (formerly fed- It is my sense that two generations of sounded an alarm on fixing in sporting con- eral judge) Kenesaw Mountain Landis banned sport fans still resent the movement of the tests noting: the eight players involved for life, even Brooklyn Dodgers and the New York Giants With Internet gambling predicted to sur- though a court found insufficient evidence to baseball franchise. Conversely people under- pass $20 billion in 2008, and with illegal wa- convict them. Rozin concluded: stood that the necessity for the relocation of the St. Louis Browns and the Philadelphia, gering accounting for $150 billion in the When steroid abuse recently threatened to and later Kansas City, Athletics. United States, by some estimates, the temp- turn that same sport and its records into a On August 16, 1982, the Senate Judiciary tation for those seeking to influence the out- joke, it took the threat of congressional Committee began hearings on that legisla- come of games has never been greater. Now, intervention to force Major League Baseball tion. The key witnesses were NFL Commis- a raft of gambling scandals in sports, from to act. sioner Pete Rozelle and Al Davis, owner of cricket to soccer and most recently tennis, Throwing games, taking steroids, spying the Oakland Raiders. has raised an uncomfortable question: Are on opponents—it’s all cheating. And any at- On January 3, 1985, I introduced S. 172 with the games we watch fixed? tack on the credibility of the game is a seri- the same objective when the Eagles threat- ous threat. The NFL had a chance to act de- A report commissioned by the major tennis ened to move to Phoenix. In my floor state- cisively to clean its own house, but it failed governing bodies recommended that 45 ment, I said: matches played in the last five years be in- to do so, leaving the door open to Congress. According to media accounts, the esti- vestigated because betting patterns gave a In a March 3, 2008 Philadelphia Inquirer mated cost to Philadelphia taxpayers of the ‘‘strong indication’’ that gamblers were prof- column, Michael Smerconish called Commis- concessions made by the city to retain the iting from inside information. And those sioner Goodell’s response to the Patriots’ Eagles is at least $30 million over the next 20 matches, the report said, may be only the tip videotaping ‘‘odd,’’ characterized responses years. On December 17, [1984,] I wrote to of the iceberg. by other franchise owners as ‘‘teams seem to Commissioner Rozelle and stated that the Betfair offers betting on major sports be reading from timid talking points . . .’’ National Football League, rather than the based in the United States, like the NFL, the and said ‘‘if the NFL appears lax in this mat- city of Philadelphia, should bear the cost of NBA and Major League Baseball. But it does ter, it risks being compared to professional any concessions which have been made to not take any wagers from the United States wrestling where nothing is ‘real’.’’ keep the Eagles in Philadelphia. or China, Japan, Hong Kong or India, places Smerconish concluded: Commissioner Rozelle answered on Decem- where online gambling is illegal. (Emphasis What’s needed is (a) truly independent in- added.) ber 19, 1984 without responding to my ques- vestigation, and (b) an NFL commissioner tion concerning the cost of the concessions In a May 29, 2008 Philadelphia Inquirer ar- who is intolerant of cheating—in the mold of made by the city of Philadelphia and my be- ticle, Phil Sheridan begins with analyzing baseball commissioner Kenesaw Mountain lief that such costs should be born by the Na- the basketball scandal involving referee Tim Landis, who took the helm in 1920 after the tional Football League. Donaghy and then moves to other sports in- Chicago Black Sox scandal—to protect pro On March 19, 1987, I introduced similar leg- cluding the NFL: football from itself. islation, S. 782, The Professional Sports Instead of being critical of an official’s After thinking and rethinking this matter, Community Protection Act of 1987. call, fans now openly suspect the NBA (and it is hard for me to understand the willing- On March 19, 1996, I again introduced simi- the NHL and the NFL) of dictating the out- ness of the public, the media and even the lar legislation, S. 1625, The Professional comes of postseason games. Instead of trust- NFL to accept the status quo. There is no Sports Franchise Relocation Act of 1996. ing in the fundamental integrity of the higher value in our society than integrity. On March 19, 1999, I introduced the Sta- games, fans have good cause to wonder Americans’ addiction to sports, with the dium Financing and Franchise Relocation whether there isn’t some secret script. NFL at the top, is based on the excitement Act of 1999, S. 952, conditioning the NFL and Within the past week, two major news- generated by the potential for the unex- MLB antitrust exemptions on their paying papers have carried comments calling for an pected great play which can only happen part of construction costs for new stadiums extended investigation. The May 29, 2008 with honest competition from great athletes. by requiring the Leagues to deposit ten per- Philadelphia Inquirer editorial noted its The clouds are heavy and getting heavier. cent of the amounts received under the joint change of position on my activity: My strong preference is for the NFL to ac- agreement for the sale or transfer of the tivate a Mitchell-type investigation. I have Sen. Arlen Specter (R., Pa.) criticized the rights in sponsored telecasting of games to been careful not to call for a Congressional NFL for prematurely shutting down the in- finance the construction or renovation of hearing because I believe the NFL should vestigation and destroying any related evi- playing facilities, upon request of a local step forward and embrace an independent in- dence. governmental entity. quiry and Congress is extraordinarily busy The senator’s involvement initially Comcast was not affected by the NFL’s on other matters. If the NFL continues to prompted this Editorial Board to conclude antitrust exemption. Paul Tagliabue, attor- leave a vacuum, Congress may be tempted to that he should be spending his time and tax- ney for the NFL, appearing with Commis- fill it. payers’ money on weightier issues. But, in sioner Rozelle in the 1982 hearing, confirmed retrospect, Specter may be on to something. COLLATERAL CONSIDERATIONS: I CHALLENGED the point that the antitrust exemption did Given the inherent conflict that the NFL THE NFL’S CONDUCT LONG BEFORE COMCAST not cover pay and cable when he said: has with its teams—after all, it prospers BECAME A MAJOR PENNSYLVANIA COMPANY [T]he words ‘‘sponsored telecasting’’ in when they prosper—an independent inves- Occasional rumors have been floated to the that statute were intended to exclude pay tigation seems warranted. That’s the route media that I am motivated to protect and cable. That is clear from the legislative the governing bodies of professional tennis Comcast in its battles with the NFL. The history and from the committee reports. So, took after allegations surfaced regarding solid historical record demonstrates that I that statute does not authorize us to pool match fixing. have been concerned about the NFL’s con- and sell to pay and cable. An independent review recommended that duct long before Comcast became a power. COMCAST HAS ONLY IN THE LAST DECADE 45 pro tennis matches played in the last five In 1982, I was approached by the NFL to re- BECOME A POWERFUL MEGA-CORPORATION years be investigated. The review found bet- quest Senator Strom Thurmond, Chairman 1982 ting patterns in those matches that showed of the Senate Judiciary Committee, to have large wagers had been placed on underdogs, hearings on the proposed move by Al Davis Total Assets: $171,404,000 an indication that bettors might have had and the Oakland Raiders from Oakland to Total Revenue: $62,838,000 inside information. The inquiry continues. Los Angeles. I had introduced S. 2821 on Au- Basic Cable Subscribers: 284,000 Meanwhile, what’s most disturbing about gust 9, 1982, to prevent a professional foot- Employees: 994 the betting and taping scandals in the NBA ball team from leaving a city where it has 1985 and NFL is how both of those leagues’ com- established ties unless it could not survive as Total Assets: $360,998,000 missioners seem more eager to move beyond a profitable business. In my statement intro- Total Revenue: $117,312,000 the controversies than to get to the truth. ducing S. 2821, I said: Basic Cable Subscribers: 516,000

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.017 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5143 Employees: 1318 retary to provide judicial oversight for wire- JUDICIARY COMMITTEE: OCTOBER 2007 TO MAY 2008— 1987 tapping. Continued Foreign Intelligence Surveillance—Com- Total Assets: $1,034,876,000 mittee and floor amendment to substitute Total Revenue: $309,250,000 Executive Judiciary the U.S. government for the telephone com- Nominee Floor statements Committee Basic Cable Subscribers: 1,336,000 panies to secure judicial review for statements Employees: 2794 warrantless wiretapping. Catharina Haynes 5th Cir...... April 10, 2008 ...... 1996 Recidivism Reduction, S. 1060—Cospon- Stanley Thomas Anderson WD April 10, 2008 ...... sored S. 1060 with Senator Biden which was TN. Total Assets: $12,088,600,000 John Mendez ED CA ...... April 10, 2008 ...... Total Revenue: $4,038,400,000 signed into law by President Bush on April 9, James Randal Hall SD GA ...... April 10, 2008 ...... Basic Cable Subscribers: 4,300,000 2008 entitled ‘‘Second Chance Act of 2007.’’ Brian Stacy Miller ED AR ...... April 10, 2008 ...... Journalist Protection, S. 2977—Cospon- Stephen Agee 4th Cir...... May 20, 2008 ...... May 15, 2008. Employees: 16,400 Raymond Kethledge 6th Cir...... May 20, 2008 ...... May 15, 2008. sored S. 2977 with Senator Lieberman to pro- 1999 Helene White 6th Cir...... May 20, 2008 ...... May 15, 2008. tect American journalists from libel suits Total Assets: $28,685,600,000 brought in foreign countries with less pro- Total Revenue: $6,209,200,000 tections of free speech. BREAKDOWN IN CONFIRMATION PROCESS Total Cable Subscribers: 6,200,000 Intellectual Property Enforcement, S. Employees 25,700 Executive Judiciary Committee 2317—Cosponsored S. 2317 with Senators Floor statements statements 2007 Leahy and Cornyn to help the Justice De- partment combat copyright infringements...... Feb. 28, 2008 Total Assets: $113,400,000,000 March 3, 2008 ...... Total Revenue: $30,900,000,000 Media Shield, S. 2035—Obtained vote of 15– March 4, 2008 ...... Total Video Subscribers: 24,100,000 4 in Senate Judiciary Committee on a bill April 1, 2008 ...... Employees: 100,000 co-sponsored by Senators Schumer and ...... April 3, 2008 Lugar that provides evidentiary privilege to April 10, 2008 ...... MY WORK ON THE PATRIOTS VIDEOTAPING DID April 16, 2008 ...... reporters...... April 24, 2008 NOT INTERFERE WITH OTHER SENATE DUTIES Foreign Maintenance of Aircraft, S. Amdt. May 6, 2008 ...... I take very seriously any suggestion that 4590—Cosponsored S. Amdt. 4590 with Sen- ...... May 8, 2008 ...... May 15, 2008 this matter impacted on my other Senate ator McCaskill to significantly increase gov- May 19, 2008 ...... work. The facts are that the few hours I ernment oversight of airline repair work per- ...... May 22, 2008 spent on the NFL issue did not detract from formed abroad. my Senate duties. For twenty-eight years in Alternative Minimum Tax, S. Amdt. 4189— Reporter’s Privilege—Wrote op-ed on Re- the United States Senate and before that as Sponsored S. Amdt. 4189 to eliminate the un- porter’s Privilege that appeared in the Wash- Philadelphia’s District Attorney, I have es- fair alternative minimum tax (AMT). ington Post on May 5, 2008 and the Philadel- tablished a record of comprehensively cov- Court Security Improvement, S. 378—Co- phia Inquirer on May 11, 2008. ering all my responsibilities. sponsored S. 378 with Senator Leahy to im- Rural Violent Crimes—On March 24, 2008, A few hours were involved in writing an oc- prove court security. Held hearings and travelled to Rutland, Vermont with Senator casional letter, meeting with Commissioner helped pass the bill, which was signed into Leahy to hold a Senate Judiciary Committee Goodell and Matt Walsh and being inter- law by President Bush on January 7, 2008. field hearing on ‘‘The Rise of Drug-Related viewed by sports columnists and radio-TV APPROPRIATIONS SUBCOMMITTEE ON LABOR, Violent Crime in Rural America: Finding So- talk show hosts. A listing of some of my Sen- HEALTH AND HUMAN SERVICES & EDUCATION lutions to a Growing Problem.’’ ate activities from October 2007 to May 2008 Nov./Dec. 2007—Helped negotiate a $146 bil- MENTORING AT-RISK YOUTH confirms I was diligent in attending to my lion FY08 appropriations bill, providing in- October 15, 2007—Mentoring event with ju- Senate duties. creases for the NIH, CDC, special education, veniles at the Eagles stadium attended by During that period I missed only two votes children’s graduate medical education, nurs- Jevon Kearse. out of 180 (98.8% attendance). Those two ing program, mentoring, low income home November 12, 2007—Hosted ‘‘Philadelphia votes were missed on April 4, 2008 when I was energy assistance, community health cen- Mentoring Awareness Day’’ with over 170 getting a PET scan at the Hospital of the ters, and advance directives. Philadelphia elementary school children and University of Pennsylvania. April 2, 2008—Chaired hearing on the Na- professional and former professional ath- It is with some reservation that I am in- tional Labor Relations Board regarding rep- letes. serting this section because it may appear resentation elections and initial collective January 7, 2008—Met at CIGNA head- overly defensive. But the facts are the facts bargaining agreements to safeguard workers’ quarters with Philadelphia mentors from Big and I think the record should be documented rights. Brothers Big Sisters program and other men- on this important issue. May 7, 2008—Attended FY 09 Budget Hear- toring organizations in Philadelphia. SOME OF MY SENATE ACTIVITIES: OCTOBER ing with Labor Secretary Chao to discuss February 4, 2008—Held meeting, site visit, 2007—MAY 2008 issues of concern to Pennsylvania including and media availability at the National Com- LEGISLATION funding for mentoring, elimination of the prehensive Center for Fathers with the Rev. Gas Prices, S. 879—Cosponsored S. 879 with employment service state grants, Job Corps, Dr. Wilson Goode to promote mentoring ini- Senator Kohl to take away the OPEC’s anti- worker safety fines, and mine safety. tiatives in the Philadelphia region. trust protection exemption to increase oil May 2008—Helped negotiate funding in the February 21, 2008—Met with Mayor Nutter supply thereby reducing the cost of oil at the FY08 Supplemental, including additional at City Hall regarding crime issues including barrel and gasoline at the pump. $400 million for NIH; $110 million for Unem- mentoring and held a media availability to Patent Reform, S. 1145—Cosponsored S. ployment Insurance Administrative Costs; discuss our efforts to support mentoring as a 1145 with Senators Leahy and Hatch to pro- $26 million for CDC; $1 billion for LIHEAP; key element in fighting crime. vide comprehensive patent reform. and to delay SCHIP regulation. PENNSYLVANIA TRAVEL May 1, 2008—Wrote to Andy von Climate Change, S. 1766—Cosponsored S. 11/05/07—Lehigh Valley, Dauphin County, Eschenbach, Commissioner of FDA asking 1766 with Senator Bingaman to provide com- Cumberland County. for his professional judgment regarding the prehensive legislation to combat global 11/12/07—Chester County. warming. budget needs of the FDA to protect the 11/16/07—Lehigh Valley, Delaware County. Mortgage Default Protection, S. 2133—In- public’s health resulting in an additional 11/17–18/07—Chester County. troduced legislation to authorize bankruptcy $275 million for the FDA. 11/19/07—Montgomery County, Delaware courts to modify the terms of variable rate County. mortgages, mortgages where there fre- JUDICIARY COMMITTEE: OCTOBER 2007 TO MAY 2008 11/20/07—Lehigh Valley, Dauphin County, quently was misrepresentation by leaders Luzerne County, Lackawanna County. Executive Judiciary and/or misunderstanding by borrowers. Nominee Floor statements Committee 11/26/07—Allegheny County, Westmoreland Economic Stimulus Measure, S. 2539—In- statements County. troduced S. 2539 to give businesses 50% bonus 11/26/07—Allegheny County. Leslie Southwick 5th Cir...... Oct 23–24, 2007 .. depreciation for purchases made during 2008 John Daniel Tinder 7th Cir...... Dec. 18, 2007 ...... 12/01/07—Montgomery County, Dauphin and 2009, a modified version of which was in- David Dugas LA ...... Feb. 13, 2008 ...... County. cluded in the 2008 stimulus package. Robert Conrad 4th Cir...... Mar. 3–4, 2008. Feb. 14, 2008. May 12/10/07—Dauphin County, Montgomery April 1, 10, 16, 15, 2008. State Secrets, S. 2533—Cosponsored S. 2533 2008 May 6, 19, County. with Senator Kennedy to require courts to 20, 2008. 12/15/07—Bucks County. evaluate state secrets claims as a check to Peter Keisler D.C. Cir...... Mar. 3–4, 2008. Feb. 14, 2008. May 01/08/08—Lackawanna County, Dauphin April 1, 10, 16, 15, 2008. avoid potential executive branch abuse. 2008. May 6, County. Terrorist Surveillance Program and DOJ/ 19, 20, 2008. 01/14/08—Allegheny County, Westmoreland FBI Oversight—Held extensive oversight Steve Matthews 4th Cir...... Mar. 3–4, 2008. Feb. 14, 2008. May County. April 1, 10, 16, 15, 2008. hearings with the Attorney General, the FBI 2008. May 6, 01/15/08—Allegheny County. director, and the Homeland Security Sec- 19, 20, 2008. 02/04/08—Montgomery County,

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.018 S05JNPT1 smartinez on PROD1PC64 with SENATE S5144 CONGRESSIONAL RECORD — SENATE June 5, 2008 02/08–09/08—Dauphin County, Cumberland Senator Thomas. Let me also recognize We know that Iraq and al-Qaida have had County. what for many of us is a sad anniver- high-level contacts that go back a decade. 02/11/08—Lackawanna County, Luzerne sary of a day when one of America’s We have learned that Iraq has trained al- County, Dauphin County. brightest lights was extinguished and a Qaida members in bomb-making and poisons 02/18/08—Chester County, Delaware County. and deadly gasses. 02/19/08—Allegheny County, Washington distinguished Member of this body was County. lost. In his 2003 State of the Union Ad- 02/20/08—Allegheny County. You have heard him described as a dress, a few short weeks before giving 02/21/08—Montgomery County. good and decent man who saw wrong the order that began this war, the 02/22/08—Chester County. President said: 02/29/08—Montgomery County. and tried to right it, saw suffering and 03/08/08—Montgomery County. tried to heal it, saw war and tried to Evidence from intelligence sources, secret 03/10/08—Lackawanna County, Dauphin stop it. communications and statements by people County. now in custody, reveal that Saddam Hussein 03/15/08—Delaware County, Montgomery f aids and protects terrorists, including mem- County. IRAQ WAR INTELLIGENCE bers of al-Qaida. 03/16/08—Chester County. 03/17/08—Berks County, Montgomery Coun- Mr. WHITEHOUSE. Mr. President, 5 It was not true. The President of the ty. years ago President Bush and this ad- United States told these things to our 03/21/08—Chester County. ministration misled this country into a people and to the world, and they were 03/22/08—Lehigh Valley, Luzerne County, war that should never have been false. Northampton County. According to the report released this 03/27/08—Allegheny County. waged, a war that has cost our Nation 03/28/08—Allegheny County, Armstrong the lives of more than 4,000 courageous morning by our committee: County, Delaware County. men and women, squandered many Statements and implications by the Presi- 03/29/08—Delaware County. hundreds of billions of our tax dollars, dent and Secretary of State suggesting that 03/31/08—Montgomery County. and diminished the world’s faith in our Iraq and al-Qaida had a partnership or that 04/04/08—Dauphin County, Cumberland Iraq had provided al-Qaida with weapons County. country. training were not substantiated by the intel- 04/07/08—Allegheny County. This morning, the Senate Intel- ligence. 04/14/08—Lehigh Valley, Dauphin County, ligence Committee, led by our distin- The committee found that multiple York County. guished chairman, Senator JAY ROCKE- 04/18/08—Allegheny County. CIA reports and a National Intelligence FELLER of West Virginia, released a re- 04/19/08—Allegheny County. Estimate, released in November 2002, port confirming what many have long 04/21/08—Bucks County. even as the administration was in the feared: that the Bush administration VISITS/LEGISLATION ON DEPORTATION OF drumbeat to war, ‘‘dismissed the claim ignored or swept aside substantial reli- CRIMINAL ALIENS that Iraq and al-Qaida were cooper- able intelligence that portrayed some- Introduced S. 2720 on March 4th to deny ating partners.’’ It was not true, and visas and foreign aid to countries which thing other than what the President yet this President used this claim to refuse to take back their criminal aliens. and his political allies wanted America convince the American public that VISITS to see. there was a link between the Iraqi Gov- February 8, 2008 at SCI Camp Hill. The decision to take the Nation to ernment and the terrorists that per- February 11, 2008 at the Luzerne County war, as Chairman ROCKEFELLER indi- petrated the crimes of September 11, Prison. cated, is among the gravest and most February 18, 2008 at the Chester County 2001. momentous that a leader can make. In Prison. Again, in an October 2002 speech in our democracy, we expect and deserve February 19, 2008 at the Allegheny County Cincinnati, the President said: Prison. to be sure that when our troops are March 31, 2008 at the Philadelphia County sent in harm’s way, when their families We know that the regime has produced thousands of tons of chemical agents, includ- Prison. are made to watch and wait through April 4, 2008 at the Dauphin County Prison. ing mustard gas, sarin nerve gas, VX nerve sleepless nights, when our security and FOREIGN TRAVEL gas. Saddam Hussein also has experience in national welfare is put on the line, that December 22, 2007–January 3, 2008 (Israel, using chemical weapons. . . .Every chemical Pakistan, Jordan, Syria, Austria, and Bel- that decision has been taken for the and biological weapon that Iraq has or gium). right reasons. This is a sacred compact, makes is a direct violation of the truce that Dec. 23–26 (Israel)—Met with Prime Min- an article of faith between our people ended the Persian Gulf war in 1991. Yet, Sad- ister Ehud Olmert, President Shimon Peres, and our Government. dam Hussein has chosen to build and keep Likud Chairman Benjamin Netanyahu, For- This administration broke that com- these weapons despite international sanc- eign Minister Tzipi Livni, and Defense Min- pact, betrayed that trust. For years, tions, U.N. demands, and isolation from the civilized world. ister Ehud Barak. the evidence has been mounting that Dec. 25 (West Bank)—Met with Palestinian this administration’s reasons for the The report concludes: Authority President Mahmoud Abbas, Prime Statements by the President and Vice Minister Salam Fayyad, and Chief Nego- war were a sham. This week, the Presi- dent’s own former spokesman indicated President prior to the October 2002 National tiator Saeb Erekat. Intelligence Estimate regarding Iraq’s chem- Dec. 26–28 (Islamabad, Pakistan)—Met with that the White House ran a ‘‘political ical weapons production capabilities and ac- President Pervez Musharraf, chairman of the propaganda campaign’’ building the tivities did not reflect the intelligence com- Joint Chiefs of Staff General Tariq Majid, case for war. munity’s uncertainties as to whether such and Afghan President Hamid Karzai. Sched- This morning’s report is a chilling re- production was ongoing. uled to meet with Pakistan People’s Party minder of the Bush administration’s leader Benazir Bhutto on Dec. 27 at 9 PM— The intelligence community knew she was assassinated three hours earlier. willingness to overlook or set aside in- Saddam Hussein wanted to be able to Dec. 29–30 (Damascus, Syria)—Met with telligence that does not confirm to its produce chemical weapons. It could President Bashar al-Assad, Foreign Minister preordained view of the world. Over not, however, confirm President Bush’s Walid al-Mouallem, and opposition leader and over, again the committee docu- claim of certainty that Hussein’s re- Riad Seif. mented instances in which public gime was actually producing chemical Dec. 30–Jan. 2 (Vienna, Austria)—Met with statements by the President, the Vice International Atomic Energy Agency (IAEA) weapons. Yet the President made that Director General Mohammed ElBaradei. President, and members of the admin- argument, stirring up unfounded fears Jan. 2–3 (Brussels, Belgium)—Met with US istration’s national security team were among the American people. Ambassador to NATO Victoria Nuland. at odds with available intelligence in- This administration not only as- The PRESIDING OFFICER (Mr. formation. By leading the American serted that Saddam Hussein possessed BROWN). The Senator from Rhode Is- people to believe the situation in Iraq chemical weapons and intended to use land is recognized. was significantly more drastic than it them, the President also said in his f actually was, the Bush administration speech on October 2002: took this country into an unnecessary We could wait and hope that Saddam does REMEMBERING SENATOR CRAIG war, a war it still refuses to end. THOMAS not give weapons to terrorists, or develop a In a speech in Cincinnati a little over nuclear weapon to blackmail the world. But Mr. WHITEHOUSE. First, let me join a year after al-Qaida attacked America I’m convinced that is a hope against all evi- in the condolences for our colleague, on September 11, President Bush said: dence.

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.021 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5145 He said: lieve the irresponsibility and mis- gases. We did that with acid rain, and We cannot wait for the final proof—the management of this administration it worked, far less expensively than the smoking gun—that could come in the form of will go down in our history as among projections, and the benefit ratio to a mushroom cloud. the darkest moments our Government cost was 40 to 1. If we unleash our econ- Mr. President, again, it was not true. has witnessed. It rocks the very fiber of omy, we can solve this problem. The committee’s report states: democracy when our Government is Let me state the obvious: When we Statements by the President and the Vice put to these uses. We do not yet know invest in renewables—and this legisla- President indicating that Saddam Hussein all the damage that has been done. Yet tion does—we invest in energy effi- was prepared to give weapons of mass de- we hope, through the efforts of this ciency. If we invest in public transpor- struction to terrorist groups for attacks committee and this body, to continue tation, we are going to have less use of against the United States were contradicted the long and difficult repair work we gasoline by Americans—yes, less use of by available intelligence information. have begun. oil. If we have less use of oil, gasoline At the time of the President’s speech, We can look ahead to next January prices are going to go down, supply and the intelligence community believed when we in our Nation can begin again demand. If we have less use of oil, we Saddam Hussein did not possess nu- with a new administration, an adminis- are going to be less dependent on other clear weapons. The President preyed on tration that will not break the essen- countries. If we use less oil, we control Americans’ fears of a nuclear attack, tial compact of honesty with the Amer- our own economic future. perhaps the most terrible fear we could ican people. But this legislation goes further than have, to bolster his case for an unwar- f that, providing assistance for, perhaps, ranted war. consequences we can’t fully under- Finally, the President led the Amer- READING IS FUN WEEK stand. So we provide help to heavy in- ican people to believe if it came to war Mr. WHITEHOUSE. Mr. President, dustry. Maryland is a proud manufac- in Iraq, America’s military would eas- let me briefly compliment the Senate turing State. It has a great history of ily help liberate a grateful nation. In staff for their patience and diligence manufacturing. I want to make sure Cincinnati, in 2002, he said: yesterday when put to the task of read- Maryland has a future in manufac- If military action is necessary, the United ing the bill. I know it was Reading Is turing. This legislation deals with States and our allies will help the Iraqi peo- Fun Week in Rhode Island from May 12 that, providing help to our industries. ple to rebuild their economy, and create the to May 18. I guess the minority found We don’t know exactly what impact it institutions of liberty and a unified Iraq at an interesting way of making it ‘‘Read- is going to have on different constitu- peace with its neighbors. ing Is Fun Day’’ in the Senate yester- encies. The legislation provides help This was the ‘‘hope against all evi- day. for consumers. Just as importantly, dence.’’ I yield the floor. this legislation provides that it is def- Analysis by the Defense Intelligence The PRESIDING OFFICER. The Sen- icit neutral; that we will make sure we Agency assessed that: ator from Maryland is recognized. don’t have to borrow more money. In The Iraqi populace will adopt an ambiva- f fact, this legislation will mean Ameri- lent attitude toward liberation. cans will borrow less. It is good for our GLOBAL WARMING That is an understatement. economy. The CIA wrote, in August 2002, that Mr. CARDIN. Mr. President, I take Another part of this bill I found very ‘‘traditional Iraqi political culture has this time to urge my colleagues to put helpful and that hasn’t received a lot of been inhospitable to democracy.’’ aside our partisan differences. Let’s attention is that we establish a level According to the committee’s report: follow the leadership of Senator playing field so if other countries don’t Statements by President Bush and Vice LIEBERMAN, Senator WARNER, and Sen- put a cap on their carbon emissions, President CHENEY regarding the postwar sit- ator BOXER and find a way to move for- they have to pay a tariff to bring their uation, in Iraq in terms of the political, se- ward with the global warming legisla- product to America, so that we don’t curity, and economic [situation], did not re- tion. It is so important to this country. put American manufacturers, pro- flect the concerns and uncertainties ex- The scientific information is clear. ducers, or farmers at a competitive dis- pressed in the intelligence products. There is something happening out advantage. The view of the President and Vice there. We all know about it. We know There is one particular section of President that American troops would the weather changes. We see extreme this bill I would like to underscore and be ‘‘greeted as liberators’’ did not take weather taking place—the droughts, I am particularly proud of because I in- into account the complex social, polit- the floods, the impact it is having on troduced the amendment in committee ical, and sectarian dynamics at work our food chain, the drought in Aus- and worked with Senator BOXER, and about which the intelligence commu- tralia with the wheat crop and what it that is the public transit provisions. It nity was well aware. Yet this adminis- has done with bread prices. In my provides over $170 billion during the tration still led the American people to State of Maryland we see the warming life of the bill to build stronger public believe our troops would be welcomed, of the Chesapeake Bay and the impact transportation in America. One-third that the war would be short, that the it has on blue crabs with the eelgrass of all CO2 emissions come from trans- burden in lives and dollars would be which is critically important for juve- portation. But in the last 15 years, 50 light, and that victory would be abso- nile crabs not being there. percent of the increase in our emis- lute. This delusion has cost our service The Governor imposed a restriction sions have come from the transpor- men and women and our Nation every on the taking of blue crabs during this tation sector. day since. Once again, it was not true. season. I could give 100 more examples. The projected growth in the next 30 It just was not true. If I can’t convince my colleagues on years of vehicle traffic alone would ne- If this administration had made the the science, let me refer to an issue on gate all the benefit from the CAFE least effort to give an honest review of which we can all agree; that is, we need standard increases we passed last year classified intelligence, it would have energy independence. Our global warm- if we don’t take more aggressive steps been known to be untrue. All too often ing bill leads us to energy independ- to get cars off the road. Public trans- in these 7 long years we have seen this ence. We need energy independence for portation is critically important. It re- administration cast aside facts and national security, so we are not de- duces emissions. principles that did not conform with pendent upon other countries. We need People are interested in public trans- its political aims. energy independence so we don’t have portation. Since 1995, we have seen a We have seen it attempt to take to wake up every morning to find out 32-percent increase in ridership, 10.3 great institutions of our country—our what OPEC is doing that affects gaso- billion passenger trips in 2007. In the intelligence community, our Environ- line prices in the United States. We first quarter of this year, there has mental Protection Agency, the Depart- need energy independence for our envi- been a 3.3-percent increase in public ment of Justice—and twist them to its ronment. transportation. That is 85 million more own ends, without due regard for the This legislation uses market forces trips on public transportation. The welfare of the American people. I be- to solve the problem of greenhouse problem is the physical infrastructure

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.029 S05JNPT1 smartinez on PROD1PC64 with SENATE S5146 CONGRESSIONAL RECORD — SENATE June 5, 2008 needs attention. The ridership at peak this year. I urge my colleagues to do served as one of its most forceful and hours is already full. We need greater that. committed proponents. In 1964, Robert Kennedy ran for the capacity. We need more efficiency and f more economy in the use of public U.S. Senate, challenging and defeating transportation. This legislation pro- HONORING THE LATE SENATOR incumbent Republican Senator Ken- vides for it. Of the funds that are pro- ROBERT F. KENNEDY neth Keating of New York. As a Sen- vided—the $170 billion plus—95 percent Mr. CARDIN. Mr. President, tomor- ator, Robert Kennedy continued to champion civil rights, human rights, is distributed on the SAFETEA-LU for- row our Nation will mark the 40th an- and disenfranchised peoples, both at mula; 65 percent for existing systems; niversary of Senator Robert F. Ken- home and abroad. When few politicians 30 percent for new starts; and 5 percent nedy’s death. In his all too brief life- dared to entangle themselves in the in competitive grants for transpor- time, Robert Kennedy was an icon of politics of South Africa, Senator Ken- tation alternatives and travel demand the struggle for civil and human rights, reduction projects. nedy spoke out against oppression and social justice, and peace. In the midst injustice there. His groundbreaking It is supported by the American Pub- of the civil rights movement, the in- lic Transportation Association, the Na- 1966 visit to South Africa helped awak- creasingly unpopular war in Vietnam, en Americans to the bitter realities of tional League of Cities, and I could add and the assassination of the Reverend many more. apartheid. During this period, he vocif- Dr. Martin Luther King, Jr., Senator erously opposed the Vietnam war, ad- Mr. President, I strongly support this Kennedy stood as a beacon of hope, in- bill as brought forward by Senator vocating for increased diplomacy rath- spiring Americans from all walks of er than the use of force. BOXER. I urge my colleagues to support life that we could rise above our Na- it. I do have amendments to improve At home in New York, Senator Ken- tion’s struggles. With his death in the nedy initiated a number of projects in it. I hope we will get to amendments. early morning of June 6, 1968, America One of my amendments would include the State, including assistance to un- lost a true public servant, a voice for derprivileged children and students the public transportation sector by in- the underprivileged and underserved, with disabilities. He authored legisla- cluding metropolitan planning organi- and a source of hope during a turbulent tion that led to the establishment of zations as eligible entities to receive time. the Bedford-Stuyvesant Restoration grants under the funding. This builds My own political career began the Corporation, which improved living upon smart growth. Maryland provided year before, in 1967, but for years prior, conditions and brought employment leadership nationally on how smart Robert Kennedy’s life had inspired me opportunities to economically de- growth can add to our energy independ- to seek public office. After managing pressed areas of Brooklyn. Now in its ence and a cleaner environment. That his brother John’s successful 1952 Sen- 40th year, the program remains a experience in Maryland can be used na- ate campaign, Robert Kennedy worked model for communities across the Na- tionwide. My amendment will make briefly on Capitol Hill. He then went on tion. This program was part of a broad- funds available for States to move for- to serve in his brother John’s adminis- er effort to address the needs of the dis- ward for smart growth. tration as Attorney General, where he possessed and powerless in America. He The amendment also provides for was renowned for his diligence, effec- sought to bring the facts about poverty transit enhancements, including pedes- tiveness, and nonpartisanship. At Jus- to the conscience of the American peo- trian and bicycle infrastructure that tice, he pursued a relentless battle ple, journeying into poor urban neigh- would be eligible activities. In Mary- against organized crime, frequently at borhoods, Appalachia, the Mississippi land, I am proud of the work we have odds with Federal Bureau of Investiga- Delta, Indian reservations, and mi- done in taking funds and building tion Director J. Edgar Hoover. During grant workers’ camps. paths for bicycles and pedestrians. The his tenure, convictions of notorious or- Senator Kennedy’s fervent belief that Gwynns Falls Greenway in Baltimore ganized crime figures rose eightfold. It America could do better compelled him and the Jones Falls Greenway are ex- was also during this time that Robert to seek the Democratic Presidential amples of how we have rehabilitated Kennedy moved to center stage in the nomination in 1968. The night of June 5 historical trails where people can walk struggle for civil rights. On May 6, 1961, should have been a triumphant one for and bike and add to the quality of life. he visited the University of Georgia, Robert Kennedy. After winning the Another amendment that I intend to which just months before had admitted California primary by four points, he offer will allow for the clean, medium- its first black students. Kennedy ad- seemed destined to secure the nomina- heavy truck vehicle fleets which are dressed the university’s law school, tion, standing as a symbol of the hope provided for in this bill, funds to help enunciating the administration’s posi- and change that so many people across fleets use clean energy but to expand tion on civil rights, stating: the country desperately wanted, but that to public entities—Senator SPEC- We must recognize the full human equality his life was cut short by an assassin’s TER and Senator CARPER are joining me bullet. Coming a mere 2 months after on that—that they would qualify. That of all our people—before God, before the law, and in the councils of government. We must the death of Martin Luther King, Jr., will help vehicle manufacturers. The do this not because it is economically advan- Robert Kennedy’s death shocked the coalition that supported the original tageous—although it is; not because the laws Nation. provision for fleet vehicles—such as of God and man command it—although they Early in the afternoon on June 6, Volvo, PowerTran, UPS, Federal Ex- do command it; not because people in other 1968, Robert Kennedy’s body was flown press, and PepsiCo—supports the lands wish it so. We must do it for the single from California to New York City’s St. change I am suggesting. and fundamental reason that it is the right Patrick’s Cathedral for a requiem Lastly, let me point to intercity rail. thing to do. mass. On Saturday, June 8, a funeral I will offer an amendment to provide Robert Kennedy’s commitment to train of 20 cars transported Robert funding for intercity rail. I think it is promoting African Americans’ right to Kennedy’s body from New York, another way we can get people out of vote, receive an equal education, and through Baltimore, to Washington. their cars. That is what we have to do equal protection under the law intensi- Tens of thousands of Americans—some if we are going to have a clean environ- fied over time. In 1962 he sent U.S. in the press estimated a million peo- ment and be energy independent. The Marshals and troops to Oxford, MS to ple—lined the tracks to pay their re- intercity rail is another way we can do enforce a Federal court order admit- spects. Robert Kennedy’s casket trav- it. ting the first black student, James eled down Constitution Avenue, past Let me make it clear, I hope we get Meredith, to the University of Mis- the Justice Department Building that to amendments. Amendments can sissippi. As Attorney General, Robert now bears his name, to the Lincoln Me- strengthen this bill. This bill needs to Kennedy demanded that every corner morial and across the bridge to Arling- be strengthened. But the bill before us of Government begin recruiting real- ton National Cemetery, where he was today is a bill that deserves our sup- istic levels of blacks and other minori- buried next to his brother, President port. I hope my colleagues will vote in ties. He collaborated with Presidents John F. Kennedy. favor of making sure we move forward Kennedy and Johnson to create the The legacy of Robert F. Kennedy— to enact global warming legislation landmark Civil Rights Act of 1964, and the passion with which he fought for

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.030 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5147 civil and human rights, and his stead- lions of new jobs, all while reducing incentives in order to avoid the boom- fast dedication to the dispossessed—has harmful greenhouse gas emissions. bust cycle we see in these emerging lived on in this Chamber for the past 40 These challenges are too great and technologies every time the tax credit years through his brother, our distin- the stakes are too high—America can- is allowed to expire. That is an action guished colleague and friend, Senator not take a backseat or sit on the side- we can and should take now that will TED KENNEDY. We are fortunate indeed lines. We simply must lead on this produce results now. that the Kennedy family’s selfless serv- issue. We must make fundamental We must set ourselves on a path to ice to our Nation has extended to changes, and we must start now, today. energy independence and reduce our oil younger generations. In the House of We put a man on the Moon. We de- consumption. That is why I fought suc- Representatives, I was proud to serve feated communism. We even created an cessfully to increase our investment in with Robert Kennedy’s eldest son, Joe, Internet world. Many thought the renewable fuels such as those thriving and his nephew, Patrick. His eldest Internet was a fad, but look how it has back in Oregon. That is why Senator daughter, Kathleen Kennedy Town- changed our world in a decade. A re- OBAMA and I passed a bill to raise the send, served as Maryland’s Lieutenant newable energy economy can and will fuel efficiency standards for the first Governor for 8 years. But the Kennedy do the same thing. time in two decades for our auto- family’s wonderful record of public America is an exporter of our mobiles in this country. service is not limited to elective office thoughts, our ideas, our dreams, our We have been making small strides. alone. Think of Joe Kennedy, who ideals. On the great challenges facing Now we need to make big ones. Renew- founded the Citizens Energy Corpora- us today, we must reach high, chal- able energy sources and less oil con- tion; or Robert Kennedy, Jr., who es- lenge our thinking, and deliver results sumption will benefit not only our en- tablished the Waterkeeper Alliance; or such as only the American people can vironment but our economy and our Courtney Kennedy Hill, who worked as deliver. national security—energy sources, a representative for the United Nations We are on an upward path with the clean ones, produced here at home in- AIDS Foundation. And I would be re- emergence of green, renewable tech- stead of imported from the Middle miss not to mention Robert Kennedy’s nologies in the State of Oregon—wind, East. amazing wife, Ethel, widowed at the solar, wave, and geothermal. Today, in The private sector in America is al- age of 40 with 10 children and pregnant Oregon, we are leading the way, from ready visionary about a clean, strong with another. Her courage and grace innovative biomass in Umatilla, to economy. We in Congress must help are an inspiration to us all. geothermal in Klamath Falls, to our and not hinder. This transformation At Robert Kennedy’s request, his long-lived hydropower dams and wind will not happen overnight, but we can grave consists of a plain white cross farms in eastern Oregon. start now. We must start today. Right and a stone slab on which is inscribed Jobs are being created in Oregon by now, the sources of our fuel-efficient a passage from his Day of Affirmation companies that research and manufac- vehicles and renewable energy manu- speech to South Africans. It reads: ture these new energy sources, boost- facturing too often come from foreign Each time a man stands up for an ideal, or ing our economy, addressing climate countries. If we do not take the lead acts to improve the lot of others, or strikes change, and cutting our dependence on going forward, these foreign countries out against injustice, he sends forth a tiny foreign oil. will. To do so would put our country ripple of hope, and crossing each other from Oregon and the Northwest already and our economy behind the eight ball, a million different centers of energy and dar- enjoy one of the best sources of green reliant upon others and not ourselves. ing, those ripples build a current that can energy—our hydroelectric dams—a Right now, the world’s fossil fuel is sweep down the mightiest walls of oppression source of 100-percent carbon-free en- controlled by countries such as Iran, and resistance. ergy. These dams are not only critical Venezuela, and Russia. We cannot let We can honor Robert Kennedy, his to our economy but are a perfect exam- our national security and our economic legacy, and his promise by standing up ple of existing sources of green energy. security be at risk to the whims of for an ideal, by acting to improve the In Oregon, we are leading the way in rogue governments. Our reliance on lot of others, by striking out against training the next generation workforce foreign oil has gotten us into the en- injustice, and by sending forth those for green-collar jobs. Schools across tanglements that many of us wish had ripples of hope our Nation and the rest Oregon—Oregon State University, Or- not happened. By investing in a clean of the world so desperately need. egon Institute of Technology, Lane energy future—a skilled green work- Mr. President, I yield the floor. Community College, and Columbia force, investment in the next genera- The PRESIDING OFFICER. The jun- Gorge Community College—are cre- tion of biofuels, the promotion of fuel- ior Senator from Oregon is recognized. ating programs that will help supply efficient transportation—we will de- Mr. SMITH. I thank the Presiding Of- our State and Nation with a vibrant pend on ourselves, not on others. ficer. and skilled workforce to accommodate It is also time for America and this f a future of renewable, independent, and Congress to debate the merits of a new clean energy facilities. system to regulate carbon to reduce GLOBAL CLIMATE CHANGE Through a combination of Federal greenhouse gases and to reduce this Mr. SMITH. Mr. President, the Sen- and State tax incentives, Oregon has country’s carbon footprint. I know we ate is engaged this week in a great de- been able to attract solar panel manu- can come together, in this Chamber bate, an important debate, on the vital facturers, geothermal developers, fuel and with the next President, to prac- issue of global climate change. I join cell manufacturers, biomass facilities, tically and effectively reduce the that debate in order to find the best and significant wind energy facilities. greenhouse gases we emit in this coun- and most practical ways to ease our de- Oregon has become a hub of invest- try. pendence on foreign oil, reduce pollu- ment in solar facilities. For example, To truly reduce carbon, the response tion, and encourage clean energy. SolarWorld, one of the biggest solar must be global. We have all the tools. Climate change is real. It is a prob- manufacturers on Earth, is investing We have the will, the technology, the lem, and it needs our response—for the over $650 million in a manufacturing raw resources. It is time to move for- sake of our economy, our environment, facility in Hillsboro, Oregon, that will ward for the sake of our environment, and our national security. Our coun- employ over 1,000 people. for the sake of our economy, and for try’s energy future is one of the great- As the lead sponsor of legislation to the sake of our national security. Suc- est challenges we will face in the com- provide for the long-term extension of cess will only be found in setting aside ing decades. Addressing climate change the investment tax credit for solar and partisan agendas and focusing on com- is about what is good and what is right fuel cell facilities, I am encouraged by mon-ground solutions. for our country, for our future. It is the investments solar and fuel cell Our country can do this, and we must about how we reduce our reliance on companies are making in Oregon and lead. I have great confidence in the will foreign oil, develop a new sector in the across the Nation. of the American people. They know American economy that will spur do- We must provide for the extension of this must be done. I will help to make mestic manufacturing, and create mil- these and other renewable energy tax sure it is done.

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.005 S05JNPT1 smartinez on PROD1PC64 with SENATE S5148 CONGRESSIONAL RECORD — SENATE June 5, 2008 Mr. President, I yield the floor. was a conservation wave. The second sort of thing we ought to be looking to The PRESIDING OFFICER. The sen- wave was a regulatory wave. The third for us to invest in that next wave of ior Senator from Kansas is recognized. wave, that we are in right now, is an environmentalism, being an invest- Mr. BROWNBACK. Mr. President, I investment wave. That is the way you ment wave, to see if we can make these thank the Presiding Officer for that move this forward, through investment things work in the interim, where we recognition. and through technology and for us to do not know how we are going to be I thank the Presiding Officer in this invest heavily in that next wave of able to sequester, and we cannot drive body for the chance to address an im- technology, to be able the balance up too fast the cost of energy because portant topic. I am glad we are dis- these three Es I talked about—energy, energy prices are so high right now and cussing important topics. It is impor- the economy, and the environment. people are very sensitive to energy tant we get a chance to bring up these That is the real way forward. prices, as well they should be. We topics. I, similar to many people, have This bill does not get us going for- should be sensitive to their sensitivity spent a lot of time with experts and a ward that way. The key for us to be of energy prices. lot of time with people in my State able to do investment is to be able to I think the way we move this forward talking about climate change issues have a very robust economy and for is with innovation and technology and and how we can address them. I do not people to invest in these next-wave investment rather than loading a lot of know of any topic that I have actually technologies, not to load additional cost on a system that, at the end of the probably met with more scientists on, costs onto the system. We can look at day, could well—and in all probability, more individuals about, than the cli- the cost of what they are today, and from some of the projections, will have mate change topic. It is enormous, it is then you can look at the projected cost huge, substantial impacts and, indeed, important, and it is something we need of what this bill would put on the may well have the adverse impact of to talk about and address. American public and on the energy driving things overseas. I think there When traveling across Kansas—we economy and, at the end of day, still is a lot in this bill that has unpredict- have 105 counties in the State, and I not produce the sorts of results we able consequences other than, we have been to 57 of them now within the need to have of strong key reductions know, an increased cost in the United last 6 months, going to all 105 of them. in CO2 and, at the same time, main- States. That piece we do know about. We talk a lot about clean energy, and taining the economy and giving us But what will happen? How will indus- I talk about balancing the three Es— enough energy to be able to move for- try react to this? Where will it go? We the energy, the environment, and the ward. do know costs will go up for American economy. We have to get these three I would like to point out—and a num- consumers at a time when we can ill af- Es balanced. They are like a cardboard ber of my colleagues have already done ford to do that; at a time when we piece balanced on a pencil. You can this—what this bill will do on driving would be better off taking those in- up the price of electricity. The Energy kind of tilt them a little bit, you can creased costs of investment and put- Information Administration predicts move it a little bit, but you cannot ting them into the next wave of tech- electric prices will be 64 percent higher tank it one way or another. You have nology. That is the route forward. That in 2030 as a result of the bill, fuel prices to move these three together. is the route to stabilize. That is the 53 cents higher by 2030. Actually, I do Most people across Kansas looking at route to move us and to balance the not think anybody knows, other than the issue generally agree with that. I three ‘‘e’’s in this process as we move want a clean environment. I want a they know it will be higher. But I think the biggest stat came forward. healthy economy. I want energy I am going to be putting forward dif- yesterday, for me, from Western Re- sources here at home, and I do not ferent amendments and proposals to do sources. It is a utility in my hometown want to pay too much for them. Most just that; to see if we can put forward of Topeka, KS, that provides elec- people are complaining bitterly today, tricity through much of the State. ideas, particularly in the agricultural as well they should be, about the high They are saying, at a $20-a-ton cost for sector, to help with carbon sequestra- price of energy. It is way too high: $4- CO , that is going to raise their fuel tion projects, to help with ethanol and a-gallon gasoline that people are hav- 2 costs. It is going to more than double biodiesel and wind and solar power, ing to pay. It is directly out of their the cost of their fuel as compared to soybean and algae as an investment, as pocketbooks. It is directly impacting what they are looking at presently. We a way of storing it through a natural their economy. are getting the actual statistics. We process, but not putting on a hard cap We are a big energy-using State. We are going to put that, later, in the and trade that adds costs in the sys- have a lot of manufacturing, agri- RECORD. But this is going to be a dra- tem. I think that is the sort of pio- culture. Diesel fuel is very important matic increase in the price of elec- neering spirit—that is the sort of in- to us. It is well over $4 a gallon, get- tricity for people in Topeka, KS, and vestment type of way—that we need to ting up to $5 a gallon in some places. across my State. go forward. This is a very high-energy formula, and We are a strong coal user, using coal I am pleased that an amendment I the last thing people want today is to out of the Powder River Basin. I think, am working on with Senators increase the cost of energy. At the as we look forward to the future, the STABENOW and CRAPO has the backing same time, they recognize we need to answer is not: No, we are not going to of the American Farm Bureau on a deal with the environment, and we use particular types of energy. It is more robust effort on CO2 sequestra- have to grow this economy. So I wish how you use energy and you reduce tion via agriculture. I think that is a to talk about this in the sense of those key way we can move forward and have your CO2, how you build the next gen- three Es, being able to balance those eration of coal-fired plants and reduce some success. together. I think we can and we should Finally, I wish to note to my col- the CO2 footprint. do that. A very innovative project is being leagues as well that we are woefully be- I read a paper recently that talked put forward in the western part of my hind on getting judges approved for the about the different waves of State. There is a coal-fired plant, circuit court. That was a subject that environmentalism. I thought it was where they take the C02 stream—be- stalled this body yesterday and I pre- quite good, and I think it is one this cause we don’t know how to do CO2 se- dict to my colleagues that it is going body should look at. The title of the questration on a massive scale yet— to stall us a lot more if we don’t start paper was ‘‘The End of they take that C02 stream and run it getting on track to increase the num- Environmentalism.’’ It was written by through algae reactors and have the ber and get to even a minimal number a couple of very strong environmental- algae harvest, of sorts, the CO2; and of circuit court nominees to be ap- ists. They were talking about what they are building in their biological proved during the remainder of this needs to take place now. They were photosynthesis process and then taking Congress. We are at eight for this ses- talking about the waves of the algae and making biodiesel out of sion of Congress. The low watermark environmentalism. They were saying that. was 15. We are not anywhere near close the first wave of environmentalism, if I Yes, it is experimental, but it is on a to getting that. It is a requirement of can paraphrase them appropriately, large scale experimental, and it is the this body for us to be able to clear

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.017 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5149 judges through who get nominated by decades. But I have serious concerns in Alabama that haven’t even been the President, and then let’s vote up or about the administration’s decision to built. They don’t exist. Yet the Pen- down one way or the other. Let’s con- buy these planes from Airbus, a sub- tagon has not explained why this is a sider them and let’s get a minimum sidized company that has never pro- better investment than the plane built number. We had an agreement for three duced refueling tankers before. I be- by Boeing—the same company, by the by the Memorial Day break. One was lieve we must again fight to ensure way, that has been supplying our tank- approved. There are several highly that our troops and taxpayers get the ers for nearly 70 years. qualified judges in the system. For us right plane. I also have very serious questions to be able to get our business done, if Now I am not the only one with these about whether we should give a foreign we are going to get it done, we have to concerns. Because this contest was company a multibillion-dollar contract get some of these circuit court judges flawed from the very beginning and the to build a major piece of our military approved. If we don’t, it is going to rules were changed throughout, Boeing defense. If this contract goes forward, stall the body and we are going to stall has filed its first ever protest of the we would be handing billions of dollars it a lot, until we can get circuit court bidding process with the Government in critical research and development judges approved in some minimal num- Accountability Office. The GAO is now funding to a foreign company, owned ber. expected to make a ruling in the next by foreign governments, to learn how I know there is a lot of dispute about few weeks and we are all awaiting their to build a military plane that is flown this. It is a need of this body. We need decision. But the GAO investigation by American air crews. Let me say to do this and if we don’t do it, things has a very narrow scope. The GAO is that again. If this contract goes for- are going to slow down a lot. They are only allowed to determine whether the ward, we will be handing billions of going to get jammed up a lot and it is letter of the law was followed in the se- dollars in critical research in funding going to be early and it is going to be lection process. It cannot look at any- to a foreign company, owned by foreign very difficult for us to accomplish any thing beyond that. So even if it is obvi- governments, to learn how to build a other of our business. ous that the Airbus plane costs more or military plane that is flown by our I urge the leadership to come to- it has unproven technology, or it American air crews. I am talking about gether and let’s say: Here is the num- doesn’t meet the intended mission, the airplanes that are the backbone of our ber we can approve by this date, and GAO cannot take any action to ensure entire military strength. let’s get that done or there are going to that the contract is justified or in the These tankers we are talking about be a lot of things that are going to stop best interests of our military, or, in refuel planes and aircraft from every happening in this body until we can get fact, our national security. So I have single branch of our military. As long those approved. come to the floor today because I be- as we control the technology to build I yield the floor. lieve that because of the GAO’s limited these tankers, we control our skies and Mr. WARNER. Mr. President, it is my role, Congress must look carefully at we control our own security. Yet the understanding that we are in morning whether major Defense acquisitions are Pentagon has not explained why it business. in line with the concerns of the Amer- would let all of this slip away. The PRESIDING OFFICER. That is ican people. We need real answers be- Finally, Airbus has always had a leg correct. fore we move forward on this contract, up on the American aerospace industry Mr. WARNER. And that we will go on and we have to demand that the admin- because the European Union floods it the bill, I understand, around noon? istration make the case for why we with subsidies. In fact, our Government The PRESIDING OFFICER. The Sen- should buy—American taxpayers has a case pending currently before the ator is correct. It will be approxi- should buy—an unproven and very WTO accusing Airbus of illegal—ille- mately noon. costly Airbus tanker. gal—business practices. So I am as- f Let me begin by outlining why I am tounded that our Defense Department so concerned. When you examine both has not been able to answer why in the ORDER OF PROCEDURE of these planes carefully as I have world, when we have a case pending be- Mr. WARNER. Mr. President, at this done, it is clear that Boeing’s tanker is fore the WTO accusing Airbus of ille- time I ask unanimous consent that the superior. Yet even though I have asked gal—illegal business practices, that we three Senators—Senators WARNER, numerous questions in committee would turn around and give them a LIEBERMAN, and BOXER—could have 1 hearings, in letters, in face-to-face major Defense contract. It does not hour between 2 and 3. meetings in my office, no one—no make sense. The PRESIDING OFFICER. Is there one—has been able to make the case I am not the only one asking ques- objection? for why we should buy the Airbus tank- tions. Increasingly, even experts in Mr. WARNER. I thank the Chair. er; not the Air Force, not the Pen- military contracting are demanding The PRESIDING OFFICER. Is there tagon, and not even the Commander in answers too. One of those experts is Dr. objection? Chief. Loren Thompson who, according to Without objection, it is so ordered. Compared to Boeing’s tanker, even the Secretary of our Air Force, The senior Senator from Washington Airbus’s A–330 is, we all know, much was given access to inside information State is recognized. larger, less efficient, and, in fact, more on the decisionmaking process. Dr. f expensive. It is so big that that plane Thompson now believes that the con- cannot use hundreds of our current tract process had been less than trans- AERIAL REFUELING TANKERS hangars, our ramps, or our runways parent and he recently wrote an article Mrs. MURRAY. Mr. President, over around the globe. It burns more fuel, saying that he believes the military the years this Congress has spent and it is going to cost billions of dol- has failed to make its case about why countless hours fighting for the best lars more to maintain over the lifetime it chose the Airbus plane. He wrote and the safest equipment possible for of the fleet, yet the Pentagon has not that he too wants an explanation for our men and women in the military. explained why Airbus’s plane is the why the military believes the A–330 is Whether it was better weapons or better buy. superior to the 767, when Airbus’s mili- enough body armor, armored humvees, The Air Force competition found tary air tanker is bigger—much big- we have all worked tirelessly to make that the Boeing 767 is more survivable ger—much heavier, untested, and sure our troops around the world have than the A–330. That means it is better unproven. As he put it last week: what they need to do their jobs and re- equipped to protect our warfighters The service has failed to answer even the turn home safely to their families. when they are in harm’s way. Yet the most basic questions about how the decision I come to the floor today because the Pentagon has not explained why in the was made to deny the contract to Boeing. Pentagon is now on the verge of pur- world it wants to give the Air Force a . . . The Air Force has some explaining to chasing the next generation aerial re- plane that doesn’t match up. Airbus do. fueling tankers. This is going to be a has never built a refueling tanker. Its As I said earlier, despite all of these decision that will cost billions of dol- technology is unproven, and it is pro- questions, the GAO is not allowed to lars and affect our service members for posing to do some assembly at plants dig for these answers. In fact, its role

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.027 S05JNPT1 smartinez on PROD1PC64 with SENATE S5150 CONGRESSIONAL RECORD — SENATE June 5, 2008 in analyzing this decision is very lim- changes that occur that have to be enough, in the United States, since ited. The GAO can only look at wheth- viewed in the context of time—not just that same time when Europe imple- er the Pentagon followed the letter of a decade period but a hundred- or thou- mented their cap-and-trade system, the law and regulations that govern sand-year period—to determine what carbon dioxide emissions have actually the Federal procurement process. It are the causes of the changes we are declined by about 1 percent. cannot consider the real-world con- seeing in the climate. We had, in South I guess the bigger question here to cerns of Congress and the American Dakota, the coldest April this year we this last question is, if this is occur- people. That is our job. The GAO can- have had historically, going back 50 to ring, what do we do about it and at not address whether the military made 100 years, and blizzards into the month what cost? We have to think long and the right decision for our servicemem- of May. So there are a lot of changes hard about that in light of some of the bers. That is our job. That is why Con- that are going on, some of which I things that are occurring in the coun- gress has to get involved. It is our job think can be explained and some of try. We have $3.99 gasoline and $4.67 to demand that we get answers to those which cannot be explained. We need to diesel. We have had devastating im- questions before we go any further look at them in the broader context of pacts on the economy in the United with this contract. Congress—us—we, what has happened over a long period States as a result of our dependence the people—have to ask whether this of time with respect to our climate. upon foreign sources of energy. We contract will leave our servicemembers The second question the American need to lessen that dependence and unprotected when they fly a plane. people would ask is this: If, in fact, cli- look for technologies that will clean up Congress has to ask whether Airbus’s mate change is occurring—and we as- our environment. Imposing an onerous, plane will cost too much to all of us: to sume the answer to that is yes—is burdensome system from the top in our taxpayers, in military construc- human activity contributing to that? If which we impose a big tax burden on tion, in fuel, in maintenance—serious we, again, assume the answer to this literally every American, because with questions that are our responsibility. question is yes, then we have to get to $3.99 gasoline and all the studies done Congress has to ask whether our work- the next question. I think, frankly, I by the Energy Information Agency—11 ers and our national economy will suf- would answer, if we look at the ques- studies have been done, all of which fer if we outsource this major aero- tion of whether human activity is con- have concluded that they will increase space contract. Finally, Congress—us— tributing to that, we cannot put our gas prices substantially and electricity all of us—need to decide whether this heads in the sand. Obviously, changes prices substantially. We have to take a contract will put our national security are occurring. We assume that the hard look at what the impact will be at risk. The GAO can’t do that. That is presence of humanity on this planet on our economy. our job. and some of the things we are emitting I understand the time for morning This is a major decision. We are talk- into the atmosphere are creating business is going to expire. I would like ing about a contract that will cost at changes. I think we need to acknowl- to address some of those impacts as least $35 billion and could cost the tax- edge that. this debate on the climate change leg- payers more than $100 billion over the That leads to the next question that islation gets underway. If I could wrap life of these planes in purchasing costs I think has become the focus of the de- up morning business, I would like to alone. Yet the Pentagon hasn’t made a bate in the Senate, and that is this continue with the debate on the cli- case for why they would choose to buy question: If the answer to question No. mate change legislation, if that would the Airbus plane. ‘‘I don’t know’’ is not 1 is yes, it is occurring, and 2, it is oc- be in order. an acceptable response when you are curring at least on some level—and we The PRESIDING OFFICER. The Sen- talking about billions of taxpayer dol- don’t know how to quantify that be- ator from South Dakota may continue. lars and the safety of our servicemem- cause of human activity—what are we Mr. THUNE. Mr. President, I want to bers who fly these planes. going to do about it and at what cost? start with, regarding these economic We deserve answers. Our taxpayers That is really the focal point of the de- impacts, looking generally at the econ- deserve answers. Our servicemembers bate in the Senate today. omy. deserve answers. I hope our colleagues In my view, there are many problems In the fourth quarter of last year, the will stand with me and others and de- associated with the bill currently economy grew at six-tenths of 1 per- mand that the Defense Department jus- under consideration on the floor of the cent, and in the first quarter of this tify this decision. Senate. First off, it provides a minimal year it grew at nine-tenths of 1 per- Mr. President, I yield the floor. environmental benefit since it is a uni- cent. Some analysts and elected offi- The PRESIDING OFFICER. The Sen- lateral solution. China has exceeded us cials are looking at the record-high en- ator from South Dakota is recognized. in terms of CO2 emissions. It will not ergy prices, the crisis in the financial f get them to stop their CO2 emissions services and housing markets, and the because the United States chooses to recent job losses as signs that we are CLIMATE CHANGE implement a cap-and-trade program. already in a recession. In the last few Mr. THUNE. Mr. President, as the So you don’t gain environmental ben- weeks, we have seen oil traded at $130 American public observes and listens efit. In fact, it could likely have some a barrel, which has caused the price of to the debate on climate change and profound and devastating impacts on virtually all consumer goods in this global warming, I think there are prob- our economy. country to increase. However, after ably three fundamental questions ev- With regard to the first point about months of debating high energy prices erybody wants answered. The first the other polluting countries around and a sluggish economy, we are now de- question is an obvious one, and that is: the world, this was said recently by bating a bill that would actually raise Is climate change occurring? Is global President Clinton with regard to the energy prices and slow economic warming a fact and a reality that we Kyoto protocol. He said that 170 coun- growth. I don’t blame my constituents need to deal with? I think you have to tries signed the treaty, and only 6 out when they wonder how Washington assume the answer to that question is of 170 reduced their greenhouse gases works and complain that Congress yes. There are changes going on in our to the 1990 level, and only 6 will do so seems to be out of touch with their ev- climate, on our planet, some of which by 2012 at the deadline. eryday reality. we can explain and some of which we These countries signed a binding Over the Memorial Day weekend, cannot explain. agreement, and yet they are doing real- millions of families were faced with Honestly, I will use South Dakota as ly nothing to get back to the goal or record-high gas prices. As they planned a case in point. We have experienced— targets called for in that protocol. their vacations to travel to see loved probably for the last decade—succes- The Wall Street Journal recently re- ones, they were met with average gaso- sive and continuous years of drought. ported that the European Union, which line prices that hovered around $4 per Yet, this year, in May, we had the wet- began to operate its cap-and-trade sys- gallon. test year in western South Dakota—in tem in 2005, has actually seen carbon I point out that as the economy has Rapid City—ever since they started dioxide emissions rise by 1 percent per slowed down, high energy prices have keeping historical records. So there are year since that time. Interestingly gone up, and the impact it has had on

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.020 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5151 every American family—again, the EIA under the cap-and-trade system that is The bill enacts mandates on at least analyzed this bill on the floor today, envisioned in this legislation. 2,000 entities, and then the Federal and it would project gasoline prices to So one impact that I don’t think has Government collects the revenue increase at 21 percent, or higher, in been entered in this debate as heavily through annual allowance auctions, 2020 and 41 percent in the year 2030 as it should have been is the aviation and then the Government invests in under this proposal before us today. sector of our economy, which is going new technologies. Meanwhile, jobs are The Environmental Protection Agency through tumult and is experiencing lost, our economic growth slows, and also looked at the bill and concluded economic hardship because of high fuel family budgets get squeezed. If we are that gas prices would increase over 20 prices. This would complicate that fur- willing to make a bipartisan commit- percent by 2030. ther, and because they don’t have ac- ment to research and development of As we have debated this bill this cess to using some of the cleaner fuels new technologies today, carbon reduc- week, there has been one particular im- we are able to run through auto- tions, in the very near future, will be pact that I think may have been over- mobiles, it only worsens the situation considerably less expensive. looked in the legislation that has been they face. That is on top of what we are In November of 2007, the Senate Com- drafted, and that is the impact on our talking about today in terms of our merce Committee held one of many Nation’s domestic aviation sector. headlines on job losses, capacity losses, hearings on clean coal technology, Many of my colleagues and con- airfares doubling, tripling, quad- which will play a major role in the fu- sumers in the country have witnessed rupling, and cutbacks in service. ture of our Nation’s energy portfolio. firsthand in the first few months of What do we do, then, in response to The nonprofit Electric Power Research this year that the domestic airlines are the question, If this is occurring—cli- Institute, which was represented at being crippled by the record price of mate change—and if human activity is that hearing, identified the research aviation fuel, which will continue to contributing to it, what do we do about and development pathways to dem- rise in price under the cap-and-trade it and at what cost? I think there are onstrate, by 2025, a full portfolio of eco- structure of this legislation. I will a lot of things we could and should be nomically attractive, commercial- point out headlines of a few articles doing. scale, advanced coal power and inte- from yesterday and today: ‘‘Conti- Honestly, irrespective of the answers grated CCS technologies suitable for nental Airlines to cut 3,000 jobs and ca- to the first two questions, we should be use with the broad range of coal types. pacity’’; ‘‘Summer airfares double, tri- making every effort we can to get If we make the commitment today to ple, quadruple’’; ‘‘United to cut back emissions such as CO2 out of our at- fund the research, finance the dem- service, eliminate jobs.’’ mosphere. We ought to work as hard as onstration projects, and fund the loan The U.S. airline industry recently we can to do that. Rather than cre- guarantees first—if we do all those sent a letter to all Senators in antici- ating a cumbersome new bureaucracy things first—reducing carbon emissions pation of the debate on this climate that would increase the price of gaso- in the future will be far less costly to change legislation we have in front of line, Congress ought to look to low- our economy. us today. Here is what it says: ering gas prices through increased do- Mr. President, my message to my The proposed bill adds a significant addi- mestic production and refining capac- colleagues is very simply that we need tional increment to the cost of transpor- ity and investment in alternatives, to develop the technology before enact- tation fuel. Assuming that emissions allow- such as biofuels. ing onerous Government mandates on ances are modestly priced at $25 per metric With respect to electricity rates, virtually every single part of our econ- ton of carbon dioxide equivalents in 2012, again, according to the EIA, electricity omy. Higher gas prices, higher elec- when the bill would go into effect, this legis- prices are projected to increase up to 27 tricity rates, a shrinking GDP, job lation would add another $5 billion to U.S. percent in 2020 and a 64-percent in- losses, and minimal environmental airline fuel costs, escalating each year there- after. Assuming a lower-end estimate in the crease in electricity prices by 2030. benefit is what will come about as a re- Under the bill before us, average an- sult of this legislation if enacted. prices in 2020, a $40 per metric ton CO2 price, the bill would impose a $10 billion additional nual household energy bills, excluding There is a better way. We ought to be fuel tax on the U.S. airlines, again escalating transportation costs, would be $325 doing everything we possibly can to get annually thereafter. Such costs will result in higher in 2020 and $123 higher in the CO2 emissions and other pollutants out further job losses, losses in air services to year 2030. of our atmosphere to address the con- small communities, and negative economic I think there are some really good cerns we have about our environment, effects. things that can be done and should be to be good stewards, to pass on a better I certainly agree we should all be done. We need to start by investing in world to the next generation, but there doing more to promote cleaner forms clean energy. I agree that we need to is a way we can go about this that is of energy. But the legislation, as draft- research and develop a new, reliable incentive based, that gets away from ed, that we have before us today has low-carbon energy source. the heavy-handed, onerous regulations significant ramifications that I think In South Dakota, we have examples imposed by this bill and the enormous many individuals haven’t fully consid- of how that works. We are going to be cost that will be imposed on literally ered. producing a billion gallons of ethanol every sector of our economy and, most I have been a strong supporter of re- by the end of this year. New corn-based importantly, on the hard-working newable fuels that can be produced in ethanol plants are producing ethanol American families who will be faced the United States and used in auto- with a 20-percent reduction in life- with higher prices for gasoline, higher mobiles to reduce our dangerous de- cycle greenhouse gas emissions rel- prices for electricity at a time when we pendence upon foreign oil. These alter- ative to regular gasoline. In the com- should be desperately looking for ways native fuels are not applicable to our ing years, we will be producing cel- to reduce those prices and to lessen the Nation’s aviation sector. Now, it would lulosic ethanol that will reduce life- economic hardship that every family in be one thing to require sectors of the cycle greenhouse gas emissions by up this country is experiencing. economy to transition to cleaner forms to 80 percent. South Dakota also has an I hope my colleagues will vote no. I, of energy, but this legislation, as draft- abundant source of wind, which is a too, have some amendments to offer to ed, would have a significant cost on our zero-carbon-emitting source of energy. the bill if we get the opportunity to domestic airlines, which are already A recent DOE study noted that the offer the amendments. My under- being significantly impacted by the United States has the ability to meet standing is the amendment tree has record cost of oil, by adding additional 20 percent of its generation needs with been filled. That is unfortunate. This is costs that will be passed on to the con- wind by 2030. We can promote low-car- a bill of enormous consequence to this sumer, which, in my opinion, could re- bon energy without destroying jobs. We country. Some have described it as the sult in not only fewer people traveling can do this without raising taxes, and biggest reorganization of the Govern- but could bankrupt U.S. air carriers, we can do this without raising gasoline ment since the 1930s. Given the com- while at the same time not requiring prices. plexities and the enormous impact this foreign air carriers to be subject to the The climate change bill before the would have on Americans’ everyday same taxes that will be passed along Senate puts the cart before the horse. lives, we need to go about this in a way

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.019 S05JNPT1 smartinez on PROD1PC64 with SENATE S5152 CONGRESSIONAL RECORD — SENATE June 5, 2008 that allows us to have open debate, other entities accountable for their actions First, we can see what we would pre- offer amendments, and improve this with regard to high energy prices, and for dict as we see increases in tempera- bill. other purposes. tures in this world. The estimates are I regret the fact that the Democratic Mr. INHOFE. I suggest the absence of that temperatures will go up some- leadership has decided to abandon that a quorum and ask this time be charged where from 3 to 8 degrees in the next open process in exchange for filling the to both sides. 100 years. To put it in perspective, it amendment tree and preventing us The PRESIDING OFFICER (Mrs. went up 1 degree in the last 100 years. from having an open debate and consid- MCCASKILL). Without objection, it is so We have already started seeing ering amendments that actually would ordered. changes. That doesn’t sound like a lot. protect consumers from higher gas and The clerk will call the roll. It has only gone up 5 degrees since the energy prices that would be the result The legislative clerk proceeded to height of the ice age. And the pre- of this legislation. call the roll. diction from our EPA is 3 to 8 degrees. Mrs. BOXER. Madam President, I ask If we get to an open process, I hope to Here we go when we look at the in- unanimous consent that the order for have further debate and amendments creasing of temperature: A 1-degree in- the quorum call be rescinded. crease means increasing mortality we can consider. The PRESIDING OFFICER. Without from heat waves, floods, and droughts. I yield the floor. objection, it is so ordered. The PRESIDING OFFICER. The Sen- Mrs. BOXER. Madam President, I ask This is predicted by 2020; a 2-degree in- ator from California is recognized. unanimous consent that Senator crease, millions of people face flooding risk every year; a 3-degree increase, f KLOBUCHAR be given 15 minutes to open the debate on our side. global food production decreases, and ORDER OF PROCEDURE The PRESIDING OFFICER. Without so on. Mrs. BOXER. Mr. President, I ask objection, it is so ordered. The Senator I can tell you in my State people are unanimous consent that the time be- from Minnesota is recognized for 15 already seeing these changes. They tween 3 p.m. and 4 p.m. be under the minutes. have seen the economic impacts of control of Senator INHOFE or his des- Ms. KLOBUCHAR. Madam President, these changes. Lake Superior is near ignee, and that the order with respect the issue we are addressing this week, its lowest level in the last 80 years, and to the farm bill be delayed until 4:10 global climate change, is a challenge that is an average. It goes up and down p.m. with so many dimensions. Some are a little. It went up a little, fortunately, The PRESIDING OFFICER. Is there moral, some are economic, and some this year. But overall, we have seen de- objection? are scientific. I want to spend my first creasing levels so that overall it is at The Senator from Oklahoma. few minutes today talking about the its lowest level in 80 years. That has Mr. INHOFE. Mr. President, I don’t science because we cannot get the pol- impacted our barges, it has impacted object. For clarification purposes, the 1 icy right unless we get the science the economy because we need more hour we have is between what hours? right. barges because they are sinking lower. Mrs. BOXER. Mr. President, 3 and 4. I come from a State that believes in Why is that happening? The ice is Mr. INHOFE. And the Senator from science. Minnesota is home to the melting quicker and so the water evap- California has between 2 and 3. Be- Mayo Clinic and other great medical orates and we see lower levels in places tween now and 2 o’clock is equally di- institutions. It helped launch the green such as Lake Superior. vided. revolution in agriculture half a cen- We also have seen changes for our ski The PRESIDING OFFICER. Without tury ago. Today it is home to a great resorts. Overall, when we look at the objection, it is so ordered. research university in the University trends, we have seen decreasing snow Mrs. BOXER. That is the first part. I of Minnesota and high-tech companies which means less money for them. further ask unanimous consent that such as 3M and Medtronic. Those are just some small examples of the time until 2 p.m. be equally di- We have brought the world every- the economic costs of climate change. We can see that the insured and unin- vided—Senator INHOFE between 12 to 1 thing from the pacemaker to the Post- sured costs of weather-related climate and Senator BOXER between 1 and 2? it notes. My State believes in science. change events are going up and up, and The PRESIDING OFFICER. Is there Over the last few days, we have heard a we are all paying the price. A problem objection? great deal of debate about the science so serious demands a serious response. Mr. INHOFE. Reserving the right to of climate change. I believe the debate This is a chart showing the weather- object, that wasn’t quite my under- should be over. The facts are in and the related economic losses and how they standing. I thought we would have that science is clear. have increased. Look at the decades 2-hour period equally divided but not The Intergovernmental Panel on Cli- from 1960 to 1969, 1970 to 1979, 1980 to necessarily—going back and forth mate Change has concluded that the 1989, and then look at the last 10 years. would be my preference. evidence of global warming is now un- These are economic losses. These are Mrs. BOXER. All right, I will say the equivocal and apparent on every con- the amounts that are insured, and then time until 2 p.m. be equally divided be- tinent of our planet. It is plain in er- this is the total of economic losses due tween Senator INHOFE and myself. ratic weather patterns, in shrinking wildlife habitat, and the melting of the to weather-related issues. The PRESIDING OFFICER. Without A problem so serious as this demands objection, it is so ordered. permafrost. Just last week, a new report commis- a serious response. I believe that as a f sioned by the U.S. Department of Agri- Nation, we are up to it. Look at a little CONCLUSION OF MORNING culture and written by some of our top history. In the 1970s, after the first BUSINESS environmental researchers reached the OPEC oil embargo caused world oil same conclusion. They wrote: prices to quadruple, Congress passed The PRESIDING OFFICER. Morning the first CAFE standards, fuel economy business is closed. There is robust scientific consensus that human-induced climate change is occurring. standards for the Nation’s cars and f Observations show that climate change is trucks. At first, the skeptics said Con- impacting the nation’s ecosystems in signifi- gress had overreached and the CAFE CONSUMER-FIRST ENERGY ACT OF cant ways, and those alterations are very standards were unrealistic. Then busi- 2008—MOTION TO PROCEED likely to accelerate in the future. ness put its mind to the challenge. The PRESIDING OFFICER. Under The result? Ocean levels are rising, Auto companies developed more effi- the previous order, the Senate will re- glaciers are melting, and violent cient engines and lighter automotive sume consideration of the motion to weather events are increasing—we have components, and they competed to proceed to S. 3044, which the clerk will seen some recent ones in my State— meet customer demand for fuel-effi- report. and soon entire species will be threat- cient cars. The legislative clerk read as follows: ened. Recently, the National Academy of Motion to proceed to S. 3044, to provide en- This is not just an environmental Sciences estimated that those CAFE ergy price relief and hold oil companies and danger, it is also an economic danger. standards have now saved our country

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.022 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5153 2.8 million barrels of oil a day and cut To achieve those goals without dis- the absence of Federal action to address oil consumption by 14 percent annu- rupting our economy, it would estab- greenhouse gas emissions in this country. ally. With the higher fuel economy lish a market-driven cap-and-trade sys- While these State projects are very standards we adopted last year after tem that provides economic incentives well intentioned, they are a poor re- many years of inaction to build on that for reducing emissions. Now, we did the placement for a national standard. Re- initial CAFE standard, estimates are same thing with acid rain years ago member years ago how Justice Bran- for an average family, depending on the and it worked well. deis, in that famous decision, talked price of gas, they could save $1,000 a To make this system work, however, about how the States could be ‘‘labora- year. We will continue to save, but we we need to have full and accurate infor- tories of democracy’’? He talked about must set those standards so we have an mation about the sources and amounts how one State could have the courage example where when those standards of greenhouse gas pollution. That is to move ahead, but I don’t think, when were set, business went to the chal- what I want to take a few minutes to he said that, he ever meant inaction by lenge, and we actually saved money. talk about today, because of the fact the Federal Government. But that is That is not the only example. In 1987 that this was in the first title of the what we have had in the area of cli- and 1992, the Government adopted new bill, and one that I authored, along mate change, and that is certainly energy-efficient standards for house- with Senator OLYMPIA SNOWE of Maine. what we have had in the area of trying hold appliances. Again, the American The famous British scientist, Lord to measure what is going on here. business community responded, com- Kelvin, felt the same way about having We are never going to make progress peting to develop new technologies and to measure things before you do any- against global climate change unless energy-efficient products. I call it thing. He once observed: we can answer the question of how building a fridge to the next century. When you can measure what you are much people are emitting with green- Soon you could walk into any appli- speaking about, and express it in numbers, house gases, where they are emitting ance store and find efficient ENERGY you know something about it; but when you them, and until we can give an answer STAR air-conditioners that give con- cannot measure it, when you cannot express with accurate, complete information. sumers even higher quality but at it in numbers, your knowledge is of a meager This problem plagued the European much lower energy consumption. and unsatisfactory kind. Union 2 or 3 years ago. They actually Look at this chart on light bulbs. We Believe it or not, we don’t have full, beat us in establishing a comprehen- can see, if every American home re- accurate information on greenhouse sive cap-and-trade system to cut green- placed just one light bulb with an EN- gas emissions right now. In fact, I was house gas pollution. But because they ERGY STAR qualified bulb, we could contacted a few months ago by a Na- didn’t start with a good comprehensive save more than $600 million in annual tional Public Radio reporter who was registry of the sources and quantities energy costs and prevent greenhouse trying to figure out who was the big- of greenhouse gas emissions, they mis- gases equivalent to the emissions of gest greenhouse gas emitter in the calculated their initial caps and per- more than 800,000 cars. United States. You would think that mits and wound up wasting a lot of Now we are starting to develop all would be something that would be easy money and time before they got their kinds of technologies to save money for to find out, but in fact it is not because cap-and-trade system right. consumers and make big reductions in we don’t have the kind of accurate in- That is why Senator SNOWE and I carbon emissions. The American Coun- formation we need. worked together last year to write this cil for Energy Efficient Economy esti- The EPA collects a lot of data on en- legislation, which is the first title of mates these higher energy-efficient ergy production and consumption, but the bill, establishing a greenhouse gas standards saved consumers $50 billion the quantity and quality of those data registry. You can see what this means. from 1990 to 2000 and will cut U.S. elec- varies greatly across different fuels and It is accurate, comprehensive data on tricity consumption by 6.5 percent different sectors. For example, data on carbon emissions. It requires reporting within this decade. crude oil and petroleum product stocks What did all of these examples have of greenhouse gas emissions to the is collected weekly for selected oil in common? The public sector and the EPA, it requires third-party companies, while data on energy use in private sector worked together in a verification, it does have exemptions partnership in which each performed at the industrial sector are collected only for small businesses—because we don’t its best. The Government took leader- once every 3 years through surveys. In want to do anything that is too burden- ship, set high standards, and provided a some cases, the EPA itself collects the some—and it also makes the data pub- nationwide mandatory framework so data, while in other cases the data are licly available on the Internet. I think everyone played by the same rules. collected through State and other Fed- we know how much people are inter- Then the private sector responded to eral agencies. Some industries report ested in this issue, and they have a that signal using a classic American to the EPA and others report to the right to know about it. combination of technological innova- Energy Department. Some are report- In addition to setting the stage for tion and market competition. ing every year and some are reporting cap-and-trade solutions to global cli- The challenge of climate change pre- every 3 years. In short, it is a mish- mate change, one comprehensive na- sents us with the same opportunity—an mash. tional registry, instead of all the opportunity for technology with wind, Last week, the Brookings Institution States doing their own, would help the with solar, with energy efficiency, with here in Washington issued its own re- States by streamlining administration the potential of nuclear, and with the port on carbon emissions in different costs. It would also help business. Be- potential of clean coal technology. It is cities around the country. They too fore long, they are going to have to a long list with great potential. We tried to make a comprehensive study, start cutting their own greenhouse gas must meet this challenge, and we can. but they admitted they could only esti- emissions, and they can’t make the If we set standards for the country, the mate emissions from homes to vehi- right investments or adopt the right investment, technology, and innova- cles, not factories or planes or rail- technologies without having good data tion will follow. roads or government buildings. on their own carbon emissions. In fact, On the Environment and Public Then there are State efforts. Thirty- some of the Nation’s leading corpora- Works Committee, my colleagues, Sen- one States, representing 70 percent of tions have endorsed the national car- ator BOXER, Senator WARNER, and Sen- the country’s population, have formed bon registry. They include: Alcoa, Bos- ator LIEBERMAN have written landmark a carbon registration system of their ton Scientific Corporation, General legislation to reduce greenhouse gas own. It is a bipartisan project with sup- Electric, NRG Energy, Caterpillar, emissions, and I am proud to be a co- port from Governors such as Janet Johnson & Johnson, Pacific Gas and sponsor. This measure establishes man- Napolitano of Arizona and Governor Electric, and many more. These execu- datory economy-wide, science-based Schwarzenegger of California. To- tives have now teamed up with some of limits on carbon dioxide and other gether, they recently issued a state- the country’s leading environmental global warming gases so we can cut ment saying, groups, including the Nature Conser- emissions 20 percent by the year 2020 The State climate registries are another vancy, the National Wildlife Federa- and nearly 70 percent by the year 2050. example of how States are taking the lead in tion, and the National Defense Council,

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.023 S05JNPT1 smartinez on PROD1PC64 with SENATE S5154 CONGRESSIONAL RECORD — SENATE June 5, 2008 to form the U.S. Climate Action Part- green, renewable energy-based econ- not always looking at half the balance nership. They recently issued a state- omy overnight, and therefore it is crit- sheet on this issue. ment calling on the Federal Govern- ical that we act as soon as possible to Many of my colleagues on the Repub- ment to quickly enact strong national begin this transition. lican side of the aisle are rejecting out legislation to require significant reduc- I thank my colleagues who have of hand any efforts we might propose. tions of greenhouse gas emissions. worked so hard to get this legislation They argue that almost anything will They took this historic step because at least to the floor. The mere fact cost too much. They suggest any effort they understood the threat of climate that we are having this debate gets us to go green on the scale necessary change and they recognized the need closer to actually enacting a policy to would be too expensive. Saying we for Federal action. These leaders are cap greenhouse gas emissions. can’t invest in renewable energy be- right. The time has come for us to act. I do hope that in time we can support cause there is a dollar figure attached As I close, I think about the complex- much stronger legislation. I have con- sounds like telling someone with a ities of this historic challenge, and I cerns about whether this bill speeds fatal disease that the cure is too cost- like to recall a prayer from the Ojib- our transition to a carbon-free econ- ly, or saying to a crime victim that we way people of Minnesota. Their philos- omy quickly enough because of the can’t afford to put police on the streets ophy told them that the decisions of cost containment measures and the because it has a cost. great leaders are not made for today, large numbers of offsets in the bill. I There were some who argued it would not made for this generation, but for am worried some companies might be be too expensive to reinforce the levees those who are seven generations from able to delay cutting back their emis- in New Orleans, and when Hurricane now. sions for over a decade. I also believe Katrina hit, we found out what the That is part of our burden and part of we can go even farther in supporting true cost of that decision was. We can’t our challenge as we approach this cli- renewable sources and energy effi- fail again to be mindful of the words of mate change issue. That is why today I ciency. John F. Kennedy, when he warned us urge my colleagues to support cloture I was hoping I would have the oppor- that ‘‘the time to repair the roof is when the sun is shining.’’ on this bill, to not only start meas- tunity to offer a few amendments to The question isn’t whether an invest- uring what the problem is, but to actu- improve upon this legislation. I cer- ment needs to be made. The question is ally give this country and this world a tainly want to offer them—we have of- fered them—and I know we will prob- whether we want to make that invest- solution. ment now, while we can do it safely, Madam President, I yield the floor. ably not get to them under the proce- gradually, and inexpensively; or later, Mr. REED addressed the Chair. dures we are in the midst of pursuing, when we have to make wholesale The PRESIDING OFFICER. The Sen- but I think they are markers for the changes to our economy in a matter of ator from Rhode Island. future. The first amendment I had hoped to years rather than decades. Mr. MENENDEZ. Would the Senator In other words, what we are deciding offer, along with Senators LAUTENBERG yield for a moment? is not whether to put a cap on carbon and SANDERS, would have shifted tran- Mr. REED. I will be happy to yield. emissions. The question is whether we sition assistance funding from big oil Mr. MENENDEZ. Madam President, I do it now or whether we wait. Do we do to renewable energy generators. At a ask unanimous consent that after the it now, when it is cheaper to do it and Senator from Rhode Island concludes time of record oil company profits, I do we can set ourselves up to compete his remarks I be recognized next. not think we need to allow oil compa- with Europe and Japan in creating new The PRESIDING OFFICER. Without nies to pollute for free, especially when technologies, when we can create jobs objection, it is so ordered. that money could be used to help jump- in the midst of an economic turndown; Mr. REED. Madam President, re- start the development of clean, renew- or do we do it when our hand is forced, claiming my time, I am informed that able, affordable American energy. when Americans have already felt the we are attempting to alternate be- The second amendment I offered, catastrophic effects of climate change, tween the Republican and Democratic along with Senator SNOWE, would have when our coasts are flooded, when side, and so I ask unanimous consent boosted funding to help developing na- storm surges damage our houses and that the Senator from New Jersey be tions to adapt to changes in the cli- droughts threaten our harvests, when the next Democrat to speak, because mate they had little to no part in cre- the costs become enormous because we we are informed somebody is coming ating in the first place. Making invest- have to change so quickly? from the Republican side. ments to help vulnerable nations isn’t It is going to be far harder and far Mr. MENENDEZ. Madam President, I just a necessary step to secure an effec- more expensive to have to stop carbon didn’t know we were alternating. tive international climate treaty, or a emissions overnight than to do it now. The PRESIDING OFFICER. Is there way to advance U.S. national security If we want to slash our carbon emis- objection to Senator MENENDEZ fol- interests, it is a moral imperative. sions 80 percent by 2050, we simply can- lowing Senator REED? The third amendment I filed with not wait until 2030 to get started, un- Mr. REED. Madam President, let me Senator KERRY would help nations less we want to risk the economic and do this. I will accede my position to with tropical forests lower their rates environmental future of this country. Senator MENENDEZ to speak, and I ask of deforestation, a cost-effective way of Today, with the rising price of gas we unanimous consent that I follow the keeping CO2 out of the atmosphere. Ap- have to pay at the pump, we see the re- next Republican speaker. proximately 20 percent of global green- sult of waiting to act until disaster The PRESIDING OFFICER. The Sen- house gas emissions come from defor- strikes. In the 1970s, because of the ator from New Jersey is recognized. estation, and if we hope to secure an ef- Arab oil embargo, we drastically im- Mr. MENENDEZ. Madam President, I fective climate treaty, we must be will- proved the fuel efficiency of our pas- thank my distinguished colleague from ing to help forested nations create the senger vehicles. In 1976, our cars and Rhode Island. I have a time pressure, tools they need to effectively address trucks got 13 miles per gallon. By 1981 and so I appreciate his courtesy. the problems. our fleet had improved to 21 miles per I thought this debate would be a wa- Finally, the fourth amendment I of- gallon. From 1981 to 2006, the average tershed moment, a moment when we fered, also with Senator KERRY, would fuel economy of our passenger vehicle would finally move beyond Republican require the Government to calculate fleet actually declined to 20 miles per attempts to deny that global warming the cost of inaction on global warming, gallon. exists. But as this debate has evolved, from the cost of drought to flooding to If we had been gradually improving we see we have not gotten very far. In- storm damage. Many of my friends on efficiency standards instead of waiting stead of deny, deny, deny, the Repub- the other side of the aisle have spent a for high gas prices to force our hands, lican playbook has shifted to delay, lot of time this week bemoaning the al- we would all be better off today. If we delay, and delay. leged cost of solving global warming, had increased fuel economy a modest 2 The time to act is actually now. We but they have completely ignored the percent per year, our new fleet of vehi- are not going to be able to transition horrendous cost of ignoring global cles would now average 34 miles per from a fossil fuel-based economy to a warming. We need this study so we are gallon.

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.024 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5155 Astonishingly, if we had followed this leash our powers of innovation, and trade. So you have a group of specu- course, our current demand for oil rise to meet one of the defining chal- lators, then, who are able to buy some would be over one-third less than it is lenges of our time. For this and future of the allowances and sell them at a today, down over 2 billion barrels of oil generations of Americans, what the profit, even though they produce noth- per year. Cumulatively, we would have Senate decides ultimately is going to ing of value in the meantime. saved over 30 billion barrels of oil, and determine the course of our country in While it is referred to as cap and 30 billion barrels of oil is more oil than ways that are so significant—from the trade, we should appreciate the fact the entire proven oil reserves remain- course of the environment that we col- that in reality it is very clearly noth- ing in the United States. With such a lectively share both in America and ing more than another tax on Amer- reduced demand for oil, imagine how across the globe, from the question of ican consumers. A very good article in much less we would be paying for gas economic opportunity, from the ques- the Washington Post by Robert Sam- today. tion of national security—not depend- uelson points this out. He says: Some of my colleagues on the Repub- ing on the oil of countries that have to- The chief political virtue of cap-and-trade lican side of the aisle have been sug- tally different views and values than . . . is its complexity. This allows its envi- gesting that taxing carbon emissions we have. That is all wrapped up in the ronmental supporters to shape public percep- would cause energy and gas prices to debate and the votes we will be taking. tions in essentially deceptive ways. Cap-and- go up. The reality is, anyone can tell I hope we have the courage to move trade would act as a tax, but it is not de- you that prices have been going up and in a direction that ultimately meets scribed as a tax. It would regulate economic that they will continue to go up under all of those challenges and that we act activity, but it is promoted as a ‘‘free mar- ket’’ mechanism. Finally, it would trigger a the present policy of this administra- as good stewards for future generations tidal wave of influence-peddling, as lobbyists tion unless we end our dependence on of Americans so we can look at this scramble to exploit the system for different oil. That means transitioning to free, moment and say history will judge us industries and localities. renewable fuels, such as wind and and ultimately will say we did what The Congressional Budget Office solar. We do not have to pay Saudi was our responsibility to do. itself, the nonpartisan group rep- I thank my colleague from Rhode Is- Arabia for the rights to use the Sun to resenting the Congress, acknowledges land for his courtesy. generate power. We don’t have to send that businesses would pass on most of I yield the floor. money to Nigeria for the right to har- the costs imposed by a cap-and-trade ness the power of wind. The more we The PRESIDING OFFICER. The Sen- ator from Arizona. system to American consumers. This improve the technology that can run would amount to a regressive stealth our renewable fuels, the cheaper every Mr. KYL. Madam President, first of all, I note this legislation has nothing tax that would hit low- and middle-in- kind of fuel will be. come families the hardest. Solving global warming is not just to do with ending our dependance on What does the proposal cost? Accord- about protecting us from catastrophic foreign oil. It does have something to ing to the Congressional Budget Office, weather and hostile foreign regimes, it do with ending our dependence on oil. the Boxer substitute amendment before is also about jobs. Renewable energy In fact, what this legislation would do us would take out of the private sector industries are perhaps the single great- is make it much more difficult for $902 billion between 2009 and 2019. Of est opportunity to create new, good- Americans to enjoy the standard of liv- that amount, the Boxer substitute paying jobs this country has seen in a ing we do by making it much more manages to spend all but $66 billion— generation. costly to indulge in any consumption If we want to put up millions of solar of energy in any form, including driv- $836 billion of allowances are distrib- panels, it is going to take hundreds of ing vehicles, including turning on the uted not only to favored technologies thousands of workers to install them, lights or the air-conditioning in a and utilities but also to buy off inter- and those jobs are created at home, un- building. All of these things are delib- ests that would use funds in ways that like what happens when we continue to erately made much more expensive in do not decrease carbon, such as for rely on oil, which is that we create jobs this legislation—deliberately because farming practices, endangered species, in the Middle East, in Nigeria, and the point of it is to make energy con- Indian tribes, State governments, and Venezuela, to name a few. sumption so expensive that we will not to other countries for their forests. I am proud in my home State of New consume as much of it. That way the The Congressional Budget Office con- Jersey we are No. 2 in the Nation in Earth will somehow not be warmed as siders the distribution of these free al- terms of solar capacity, behind only much because we will not be con- lowances the same as distributing cash, California. We have seen new jobs cre- suming as much energy. and indeed that is exactly what it is. ated because of it. That is the whole point here. It is not Over the longer term, the Environ- Global warming is a challenge that about ending our dependence on foreign mental Protection Agency projects the faces us all. It is a challenge we must oil. This legislation has nothing to do amendment would redistribute $6.2 tril- face together. It is not enough to sit with that at all. lion from the private sector to the Fed- back and watch as tragic stories un- People might ask, What is cap and eral Government by the year 2050, fold, as heat waves and wildfires strike, trade? Why are we talking about cap- through these allowance auctions that as we see floods and droughts more se- and-trade legislation? The cap and energy producers and manufacturers vere, hurricanes, species disappearing, trade contemplated in this bill has the would be required to purchase in order ice caps melting, glaciers melting, sea Federal Government creating some- to be able to continue their oper- levels rising. It is not enough to sit thing of value—carbon emission allow- ations—meaning continue to provide back and watch because we have a ances—and they are equal to the cap on energy for us. Another $3.2 trillion human moral imperative to take ac- emissions set by the Federal Govern- would be auctioned off by States and tion. It is not enough because someday ment each year. The Federal Govern- others. the door on which tragedy knocks ment says: Americans, you can only According to the administration, the could be our own. drive so much or you can only consume nearly $10 trillion cost would make Great change always has its oppo- so much electricity and the people who this bill the single most expensive reg- nents. Instead of arguing that we produce that product are going to have ulation in the history of the United should be innovative, they will argue to pay for the right to produce the en- States of America. that we should be afraid; we should do ergy that you are consuming. Then, of If a cap-and-trade system like the all we can to hold on to the ways of the course, they are going to pass that cost one in the Boxer substitute is imple- past instead of having the courage to on to you. mented, a number of economists be- prepare for the future. Some of these allocations are to fa- lieve it would add significant costs to The American people are tired of vored groups. Others are auctioned off. the production side of the economy and being told what they cannot achieve, But the cost of the allowances is passed would likely have a severe negative im- and they are tired of being told they on to the consumers, as I said. And pact on long-term U.S. economic should be satisfied with the status quo. these outstanding allowances can be growth, despite having a very modest It is time to put aside our fears, un- traded. That is why it is called cap and impact on worldwide carbon levels. The

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.026 S05JNPT1 smartinez on PROD1PC64 with SENATE S5156 CONGRESSIONAL RECORD — SENATE June 5, 2008 cap-and-trade system is intended by de- holds almost twice as much as high-in- the Kyoto Protocol, an international sign to raise the cost of gas and elec- come households. Cap and trade re- cap-and-trade system aimed at control- tricity, as I said in the very beginning. duces the after-tax income of those in ling and reducing greenhouse gases, Raising the cost of gas and electricity the bottom fifth of the income dis- has largely been considered a failure. will change people’s behavior. They tribution by 3.3 percent. The top 20 per- The European trading system has not will use less energy and, as a result, cent of the income distribution would only failed to reduce emissions as con- theoretically emit less carbon. The see their disposable income fall by 1.7 templated, it has constrained growth cap-and-trade program cannot achieve percent. in developed countries and has en- its goals unless it increases the cost of It is important to note that the hanced unrestricted development in energy, and the proponents do not deny amendment of Senator BOXER claims countries such as China and India. this. that it would reduce carbon emissions So before we sacrifice the U.S. econ- So when you are thinking about the by 66 percent by 2050 or more than four omy and American jobs, we need to high cost of gasoline today, think times the amount CBO estimated. Of quantify the benefits of having a rel- about the additional cost that is going course, we obviously believe that CBO atively slight reduction in greenhouse to be imposed by this legislation. The is far more correct in its assessment. gases, and compare it to the huge costs proponents say it is going up anyway. But assuming the Senator were cor- imposed on the U.S. economy and You do not have to make it go up more rect, then one might expect the amend- American families. than it would otherwise, and that is ment to reduce individuals’ incomes In sum, the amendment before us what this legislation would do. four times as much as CBO estimated would increase energy prices, harm The American Council for Capital as well. American families, and likely have a Formation projects that under this Think about that—$12,000 to $15,000 negative impact on long-term U.S. cap-and-trade system, gasoline prices reductions in income. growth. Moreover, it is questionable would rise from about $4 a gallon today I mentioned before that this creates whether the legislation would even to $5.33 a gallon by 2014 and $9.01 by the winners and losers. Part of this is make a perceptible dent in carbon year 2030. based on the whims of Congress. We emissions and decreasing global tem- As I noted, businesses would have to would have the authority to make the peratures. pass on most of the costs imposed by a distinctions that would enable some The PRESIDING OFFICER. The Sen- cap-and-trade system to their con- people to be better off than others. ator from Rhode Island. sumers. One must recognize that the The amendment before us would re- Mr. REED. Thank you, Madam Presi- demand for energy is relatively inelas- distribute $836 billion of allowances dent. We are engaged in an extraor- tic. In other words, even as prices rise, over the 2009-to-2018 period to various dinarily important debate here. It is individuals find it difficult to switch to special interest groups. Just imagine somewhat disappointing that the de- alternatives. It is very hard to engage that, Congress being in charge of redis- bate has been shortchanged due to pro- in any activity that does not use en- tributing $836 billion. And we are going cedural maneuvers by the minority ergy. As a result, individuals would be to do that without any influence of party, which forced the clerk to read forced to bear the cost increases im- special interests? I think not. the entire bill and forced the majority posed by the system. They might use Robert Samuelson noted in the arti- to file a cloture petition. less energy, drive less, live in colder cle I quoted from earlier: I think what Senator KYL and many homes during the winter, or turn off Beneficiaries of the free allowances would others have said, I might not agree air conditioners in the summer. Those include farmers, Indian tribes, new tech- with, but it is important to have this are the choices. nology companies, utilities and States. Call vigorous debate. I am somewhat dis- When individuals use less energy, this environmental pork, and that would be appointed that it has been curtailed. they buy less, travel less, and in effect just a start. The program’s potential to con- But now we are engaged in something curtail overall economic activity. The fer subsidies and preferential treatment would stimulate a lobbying frenzy. Think of that will impact this country and gen- gross domestic product of this country today’s farm programs and multiple by ten. erations to come in a significant way. would be roughly 1 percent lower at the The tax-and-spend system, in other Seldom have we debated such an issue end of 2014 and 2.6 percent lower by 2030 words, would create arbitrary winners with global ramifications over decades under this legislation. That is a huge and losers. Over the life of the bill, it and decades and decades. reduction in the economy of the United We talk about many times the bur- would give away allowances valued at States and therefore the well-being of den that our children and grand- approximately $3.2 trillion for auction the American people. As economic ac- children will bear as a result of the by States and other entities. tivity slows, employers are not going Let me conclude with this point. Federal debt. But there is an equally daunting bur- to hire as many workers. In fact, em- While having all of this dramatic nega- den placed on generations to come if ployers would create 850,000 fewer jobs tive impact, the benefits are question- we fail to come to grips with carbon by 2014, and 3 million fewer jobs by able at best. They do not meet any ra- emissions. 2030. My home State of Arizona would tional cost-benefit analysis. A recent Each ton of heat-trapping carbon di- lose 63,500 jobs by 2023, roughly speak- editorial in the Wall Street Journal oxide that human activity releases into ing. Ironically, this bill would become aptly summed up cap and trade as fol- the atmosphere remains there for 100 an economic stimulus for China and lows: India, as they would meet the manufac- to 500 years, amplifying the warming Trillions in assets and millions of jobs effect on our planet, changing the cli- turing demands that we could no would be at the mercy of Congress and the longer produce competitively. Perhaps bureaucracy, all for greenhouse gas reduc- mate, and fundamentally altering eco- more striking is the cost on American tions that would have a meaningless impact systems, landscapes and public health. household incomes. on global carbon emissions if China and The more carbon that is piled onto Cap-and-trade legislation would, on India don’t participate. And only somewhat this ecological debt today, the more average, reduce income adjusted for in- less meaningless if they do. drastic the consequences will be in the flation by $1,000 in 2014 and by $4,000 by So it is doubtful that a cap-and-trade future. According to the Intergovern- 2030. My home State residents in Ari- system would actually accomplish the mental Panel on Climate Change, the zona would see their income fall by goal of reducing emissions and decreas- IPCC, the atmospheric concentration $3,400 by 2030. ing global temperatures. of greenhouse gases is now the highest However, not everyone will bear the A report released by the EPA indi- it has been in 650,000 years, and it con- same burden. Cap and trade is incred- cates that even with a cap-and-trade tinues to grow. ibly regressive in its impact, since low- system in place in the United States, Madam President, what we do or income households spend a higher frac- there would still be a net increase in what we fail to do with respect to cli- tion of their income on energy. Accord- carbon emissions over the next several mate change will have an impact not ing to the Congressional Budget Office, decades. only on our country but on life on this just a 15-percent cut in carbon emis- Indeed, other cap-and-trade efforts planet into the next century and be- sions would cost low-income house- have been unsuccessful. For example, yond. Seldom has this body grappled

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.027 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5157 with an issue with such sweeping glob- An increase of 1–5 degrees will place point where it is today. Certainly, al ramifications. 30 percent to 40 percent of species at there must be compromise on legisla- We frequently talk about the burden risk of extinction. tion of this magnitude. As we engage in that is placed on our children and Hundreds of millions of people, in- this debate, I want to highlight some grandchildren by the Federal debt, but cluding up to 250 million people in Afri- areas of concern. an equally daunting burden will be ca, will lose access to reliable water First, we should be setting more ag- placed on generations to come if we supplies. gressive targets for emission reduc- fail to come to grips with carbon emis- But this is not a debate solely about tions so temperature increases are con- sions. Each ton of heat-trapping carbon plants and animals. It is not merely tained within an acceptable range. In dioxide that human activity releases about feeling better about how we that regard, I’m concerned that the bill into the atmosphere remains there for treat the Earth. At its heart this issue will reduce emissions, at most, by 63 100 to 500 years, amplifying the warm- is tied to the fundamental national se- percent by 2050. The IPCC has esti- ing effect on our planet, changing the curity challenge of this century, en- mated that we may need to reduce climate, and fundamentally altering ergy and our dependence on imported emissions by as much as 85 percent in ecosystems, landscapes, and public fossil fuels. Changes to the environ- order stabilize carbon. Sixty-three per- health. The more carbon that is piled ment do not occur in a vacuum and cent leaves very little room for error. onto this ecological debt today the will have far-reaching impacts on our Given the stakes, I believe we should more drastic the consequences will be national interests and our national se- be setting a higher target. As a cospon- in the future. curity. sor of the Global Warming Pollution According to the Intergovernmental The U.S. intelligence community has Reduction Act, S. 309, which sets a Panel on Climate Change, IPCC, the at- recognized the threat and is in the final reduction target of 80 percent, I mospheric concentration of greenhouse midst of conducting a national intel- believe this is the goal we should set in gases is now the highest it has been in ligence assessment on the effect of cli- this legislation. I am pleased to join as 650,000 years and it continues to grow. mate change on our security. a cosponsor of Senator SANDERS’ With near scientific certainty, the Last year, the CNA Corporation’s amendment to reach this goal. I am Military Advisory Board, consisting of IPCC tells us that the high level of also pleased to join Senators KERRY 11 former general and flag officers, led greenhouse gases in the air has led to and FEINSTEIN in their amendment to the increase in global temperatures by former Army Chief of Staff, GEN require a scientific review by the Na- that has occurred since the beginning Gordon Sullivan, called for action to tional Academy of Sciences to ensure of the 20th century. This increase has stabilize global temperatures. They the goal we are pursuing is sufficient accelerated in the last 50 years, mak- warned: to stabilize carbon concentrations and ing the years 1995–2006 the warmest on Climate change acts as a threat multiplier to require new legislation to be pro- record. Indeed, global temperatures for instability in some of the most volatile posed by the President if we are pro- regions of the world. Projected climate may now be the hottest observed in the change will seriously exacerbate already jected to fall short. last 1,300 years. marginal living standards in many Asian, Af- Second, because we must ensure that The impacts of climate change are rican, and Middle Eastern nations, causing emissions begin to decline no later already observable: widespread political instability and the like- than 2020, we must implement the car- Higher ocean temperatures have led lihood of failed states. bon cap as quickly as possible. I think to an increase in the number of intense Just this week, NATO Secretary Gen- we should begin implementation in hurricanes in the North Atlantic over eral Jaap de Hoop Scheffer reiterated 2010. Equally important, I have serious the last century. that the alliance must prepare for new concerns about the bill’s cost-contain- In Rhode Island’s Narragansett Bay, threats that stem from the impact of ment provisions which would allow the the water temperature has climbed 4 global warming, saying: ‘‘climate auction of allowances borrowed from degrees Fahrenheit in the last 40 years, change could confront us with a whole future years in order to provide addi- coinciding with declines of winter range of unpleasant developments—de- tional allowances in early years. Al- flounder and lobsters. velopments which no single nation- though unlikely, this mechanism cre- Permafrost is thawing and becoming state has the power to contain.’’ ates the potential for a situation in unstable, causing buildings to collapse Regrettably, we have already wit- which there could be almost no reduc- in the Arctic region. nessed the political ramifications of tion in U.S. emissions through 2028. In 2007, the extent of Arctic sea ice climate change. In writing in the Even if it is remote, it’s not a possi- was 23 percent less than the previous Washington Post last summer, U.N. bility we should accept. all-time minimum observed in 2005. Secretary General Ban Ki-moon noted Third, we should ensure that the Snowpack and glaciers are dimin- that ‘‘[a]mid the diverse social and po- needs of consumers, particularly low- ishing and are melting earlier in the litical causes, the Darfur conflict income consumers are recognized in spring. This, in turn, is causing a de- began as an ecological crisis, arising at the policy that we enact. I was dis- cline in the health of rivers and lakes least in part from climate change.’’ As appointed to see that auction proceeds and is threatening habitat for endan- Secretary General Ban notes, a pro- that were dedicated to the Weatheriza- gered species. tracted drought, likely brought on by tion Assistance Program, WAP, and There has been an effect on human climate change, served to spur con- Low-Income Home Energy Assistance health, with increased mortality from flicts over resources and fuel the Program, LIHEAP, under the com- extreme heat and changes in infectious hatreds that brought genocide to this mittee-reported bill were removed. As disease vectors. For instance, in Rhode region. this debate progresses, I plan to offer Island this has meant an increase in With so much at stake, the United an amendment that will again provide the incidence of tick-borne disease. States cannot fail to lead. In fact, we funding for these programs, which not The best science tells us that we have a special obligation. As noted only help consumers pay their energy must begin to curb emissions within NASA climate expert James Hansen re- bills but also make important strides the next decade in order to stabilize cently wrote, carbon dioxide from the in reducing energy consumption and greenhouse gas concentrations and beginning of the Industrial Revolution carbon emissions. avoid the catastrophic effects of cli- is still present in the atmosphere Fourth, I appreciate the steps that mate change. If we fail, temperatures today, contributing to the warming our are taken to promote and coordinate will continue to rise with dramatic re- planet is experiencing. He estimates market oversight among various regu- sults: that the responsibility of the U.S. for latory agencies, but I am concerned With an increase of 2 degrees Celsius, the level of greenhouse gases is three about the capacity of the EPA to lead millions more people will experience times greater than any other country. the effort to provide oversight to a coastal flooding each year. These are the imperatives that bring market of this size. An increase of 3 degrees will result in us to this debate. Fifth, we need to make sure that in the loss of 30 percent of the world’s I commend Senator BOXER for her ef- any climate change bill we address the wetlands. forts to bring this legislation to the very real impacts that capping carbon

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.032 S05JNPT1 smartinez on PROD1PC64 with SENATE S5158 CONGRESSIONAL RECORD — SENATE June 5, 2008 will have on everyday Americans living change because that is obviously the blame corporations. You need to some- paycheck to paycheck. That is no main topic on the floor today. I have how control international cartels. You small task, but no climate change bill concerns about the science that some can’t control what isn’t part of Amer- will be a success unless we find a way people are claiming here on the floor of ica. We can’t pass laws and tell them to provide help to middle class families the Senate. when they can form a cartel and what already struggling in an ever more I think that obviously if we are going they can do. It is beyond our reach. But competitive global economy. They to have good policy, we have to have we can take care of corporate mis- must be afforded the same kind of tran- good science. But let me say that from behavior. We have had hearings time sition assistance that many on the the reports I have seen, I think it is un- and again trying to blame oil compa- other side want to provide to carbon clear as to what the long-range trend is nies for overcharging. Over the years, emitters. as far as the temperature of the Earth the conclusion is, there has not been Make no mistake, addressing climate is concerned. I admit that right now we any misbehavior as far as corporations change will not be easy. It will involve are going through a warming period, setting prices. They are responding to change and sacrifice, but it also offers but in the last few years we may have supply and demand. They are respond- opportunity and hope. We hold the cooled a fraction of a degree. ing to the cost of the product, taking a power to unshackle ourselves from the I am recalling when I was in high reasonable profit and putting that dangerous energy resources of the fos- school in the late 1950s, that we had product on the market. I happen to be- sil age and develop an economy based magazine articles, National Geographic lieve supply and demand has the great- on new, clean energy sources and tech- and everyone were writing about how est impact on our prices at the pump to nologies. Instead of becoming increas- we were into a cold trend, and we were date. Obviously, this is not a perfect proc- ingly beholden to foreign energy sup- heading toward an ice age. ess. It is not a perfect bill. We need to pliers, we have the opportunity to be- Now we are heading toward the trend bring the bill to the floor, provide an come an exporter of energy technology in the headlines where we have global warming. I have listened to some of the opportunity for substitutes to be and to bring light to the 2 billion peo- brought forward, and then an oppor- ple in the developing world who lack comments here on the floor. One com- ment was that: We are at the highest tunity to amend those. I am dis- access to reliable energy. By making appointed we will not have an oppor- the choice to face the reality of cli- temperature on record—the problem is, the record we have of the Earth’s tunity to do that. That seems to be the mate change, we will help leave the trend this year. Republicans are not warming and cooling is a relatively world a better place for our children, having the opportunity to bring up short period of time when you look at grandchildren, and generations to issues they believe are important on the total history of the Earth. If you go come. legislation that comes to the floor. back to the year around 1,000, for ex- While I hope that we can continue to That has happened time and again. ample, measuring based on some sci- make improvements to the bill, I be- Then the other side blames Repub- entific evidence that has been obtained lieve that this is an essential debate to licans for somehow blocking the proc- from our polar caps, by going down have. ess. If you don’t have an opportunity to through the depths of the ice and ana- The PRESIDING OFFICER. The Sen- offer amendments to the legislation, ator from California. lyzing it, some scientists have come up that is a serious concern to those of us Mrs. BOXER. Madam President, be- with the conclusion that actually it who have to work in the minority in an fore my friend Senator REED leaves the was warmer in the year 1,000 than it is institution such as the Senate, where floor, if I can have his attention, this now. You cannot blame that on human there are specific minority rights. morning, Senators WARNER, action. So the question comes up I would like to address some of the LIEBERMAN, and I and Senator KERRY whether this is a trend, a natural concerns of the Boxer amendment to held a press conference with GEN Gor- cycle, that happens, that is related to the Warner-Lieberman climate change don Sullivan, whom you mentioned in sunspots or volcanic activity or what- bill. My foremost concern is the your remarks, and ADM Joseph Lopez. ever natural phenomena might be hap- science on which the entire bill is We had the most extraordinary testi- pening. based. But because the ranking mem- mony from them in terms of having to I happen to agree that we probably ber of the Environment and Public act. It was chilling in a way because contribute some to global warming. Works Committee has asked us to they said: You never know something The question is, how much? That has leave science aside and focus on the with 100 percent certainty. not been adequately identified either. legislation itself, I will start there. They said: But what we learned on I am here to raise some questions. Based on many reports I have seen, it the battlefield is if you wait until you Obviously, if we absolutely know we is unclear what, if any, effect climate have 100 percent certainty, horrible are headed for catastrophe, the sooner change legislation would have on glob- things can happen. we act, the better. But on the other al temperatures. However, its potential It was chilling. They warned us to hand, we don’t want to overreact. We economic impacts are absolutely stag- act. So I think my friend brought it could cause problems for the economy gering. The primary tool this bill uses home this morning with his remarks. and for Mother Earth if we react in the to reduce greenhouse gases is a cap- I ask unanimous consent that Sen- wrong way without having good sci- and-trade program. It should more ac- ator ALLARD speak off his side’s time— entific evidence. curately be called a cap-and-tax pro- how many minutes? I am rather disappointed we will not gram because it is essentially a camou- Mr. ALLARD. For 10 minutes. have an opportunity to debate and flaged energy tax increase. Mrs. BOXER. This is up to you. amend this legislation, as we should. Many of the proponents of this bill Mr. ALLARD. For 10 minutes. No piece of legislation is perfect. Obvi- have said it is just like the program Mrs. BOXER. And then Senator ously, there needs to be an opportunity the Government instituted to control SANDERS for 7, and then Senator BEN- for bills to be amended when they come acid rain. But unlike sulfur dioxide in NETT for 5, and then Senator BAUCUS to the floor. I am disappointed the ma- the acid rain program, there is no wide- for 10. I know Senator CRAIG would like jority leader has filled the amendment ly deployable control system for CO2 10 minutes. tree and filed for cloture, rather than removal, nor do we expect this equip- The PRESIDING OFFICER. Without allowing for the full and healthy de- ment to exist in the reasonably fore- objection, it is so ordered. bate that is such a rich part of the Sen- seeable future. This will result in sig- The Senator from Colorado is recog- ate’s history. nificant increased cost to electric utili- nized. Since this bill has been introduced, ties, their consumers, as well as af- Mr. ALLARD. Madam President, we have record-high gas prices. There fected industries and their customers. thank you. I am prepared to discuss is pain at the pump. The common solu- That is the taxpayers. Thus, the cost of the Lieberman-Warner climate change tion we have heard time and time compliance will have a significant neg- bill that was amended by the Boxer again, whenever we have high petro- ative economic impact on electric con- amendment. In general terms, I wish to leum prices, is: You need to raise taxes. sumers statewide and Colorado’s manu- take a moment to discuss climate You need to limit supply. You need to facturing industries.

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.033 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5159 A recent study produced by the Her- with a large enough pocketbook could Vermont and America.’’ It talks about itage Foundation Center for Data Anal- purchase a significant share of allow- what is going on not only in my State ysis found that enacting this bill would ances and hold them to push the allow- but all over this country, where the cost Colorado almost 7,000 agriculture- ance price up or retire them. That middle class is declining, people are based jobs and over 21,000 manufac- would put our Nation at risk of eco- working longer hours for lower wages, turing jobs. That is over 27,000 lost jobs nomic manipulation, should another losing health care, pensions, their in Colorado alone. The same study nation decide to step in and buy those good-paying jobs. After all that, when found that statewide, Colorado would allowances. Additionally, if an investor you have gas at $4 a gallon at the have a personal income loss of around wants to make a lot of money off of the pump, home heating oil outrageously $2.162 billion. carbon trading market, they could just high, many people throughout the This bill also contains a provision in purchase and hold those allowances country have now fallen over the eco- section 201 which was originally formu- until the price gets high enough to nomic cliff. lated for the acid rain program. This make them want to sell. In terms of oil and gas prices, the provision specifically denies that emis- In any of these scenarios, the end re- time is now for the Congress to tell our sions allowances, which will be given sult will leave the consumers as the friends at ExxonMobil and other oil out by the Government, are to be con- ones paying the price. companies enjoying recordbreaking sidered a property right. The provision In closing, I reiterate that this bill profits—last year ExxonMobil earned also allows the administrator to limit is, in my opinion, not the right way to more profits than any corporation in or revoke the allowances at any time. approach the issue of climate change. the history of the world; last year the Specifying that allowances are not A far more effective approach would be head of Occidental Oil, a major oil property is, therefore, the Govern- for the Federal Government to con- company, had enough money to provide ment’s way to avoid a ‘‘taking’’ in the tinue to provide incentives for the de- $400 million in compensation for their inevitable instance that the adminis- velopment of greenhouse gas neutral CEO—to stop ripping off the American trator does revoke allowances. technologies and technologies that do people. It is time for us to pass a wind- How do we justify this? Government not produce greenhouse gases. fall profits tax which says: Enough is enables itself to give a product, sets up Incentivizing technology development enough. a scheme for buying and trading that would get us to the same place without But it is not only the oil companies product but can, at any time and for the economic hardship that this bill that are ripping off the American peo- any reason, revoke that product with- would impose. A good example of doing ple. The other day at the Commerce out compensation. While there is cer- this has been the significant increases Committee, there was an important tainly legal precedent, that does not in renewable energy production that hearing in which George Soros and make it right. In my view, this chal- have resulted from the production tax major economists testified it is not lenges assertions the bill’s sponsors are credit, clean renewable energy bonds— only oil company greed but speculators making that their cap-and-trade ap- called CREBs—and with incentives for on Wall Street who are driving prices proach is a market-based one. clean coal technology. up, which results, perhaps, in a 35-per- I will propose an amendment, if given There will, of course, be a need for a cent increase in what the price of a the opportunity—I filed it by the 1 larger Federal incentive program in all barrel of oil should be. We have to deal o’clock deadline—to fix this by speci- these areas to move the ball forward, with that issue as well. This is the so- fying that emissions allowances are but this will still be at much less cost called Enron loophole. Right now, property rights, and while the Govern- to consumers than the $325 increase in through hedge funds, through unregu- ment could still limit or revoke allow- average annual household energy cost lated markets, there is a massive ances, it would have to compensate the that the Energy Information Adminis- amount of trading on oil futures which owners of allowances in order to do so. tration has projected this bill could is driving up oil prices. We should be It is only fair that the Government bring about. regulating that speculation. It should would have to follow the same rules it This is a poorly thought-out piece of be transparent. In the process, when we sets out for industry to follow when legislation. We need to have an oppor- do that, as was the case with Enron buying and selling allowances. tunity to legislate, to offer amend- and electricity, as was the case with If we allow this legislation to go for- ments, and move forward with this im- propane gas, as was the case with nat- ward in its current form, we will see portant debate. This is a comprehen- ural gas, if we begin to address specula- energy prices go up. The national cost sive piece of legislation. It is impor- tion in terms of oil futures, we can of gas today averages around $4 a gal- tant. It involves lots of Americans. I drive down oil prices. lon. This will only go up if we pass the am disappointed we will not have an Bottom line: We have to do that. In climate change bill. Coloradans are opportunity, under the current process, my State, as in rural States all over currently feeling pain at the pump, but to amend this legislation. this country, where people are trav- if we pass this bill, they will feel it in I yield the floor. eling long distances to work, they can- their homes also. One of Colorado’s The PRESIDING OFFICER. The Sen- not afford, on limited incomes, to pay municipally owned utility providers ator from Vermont is recognized for 7 $4 for a gallon of gas. When the weath- has informed me that when this bill minutes. er gets 20 below zero in Vermont, peo- takes full effect in 2012, their cus- Mr. SANDERS. Madam President, ple cannot afford to pay twice as much tomers will immediately see their util- today we are discussing two issues this year as they did a couple years ago ity bill jump above 25 percent. which, in fact, are related to each for home heating oil. So let us have the Another utility, Tri-State, which other. No. 1 is the outrageously high courage to take on the speculators. Let provides electric power for 1.2 million cost of oil and gas. The second is the us have the courage to take on the oil rural electric customers in a 4-State planetary crisis we face as a result of companies and fight to lower oil and area, has projected that their costs to global warming. There are some people gas prices. comply with the requirements laid out who think we have to address the price In addition, we can’t ignore the crisis in this bill will be $12.6 billion in 2012 of high oil prices today and not worry in global warming. My friends come to to 2030. This is based on the assumption about global warming. Some people the floor and say: Well, the scientific that carbon credits would cost $50 per think we have to worry about global evidence is not clear. ton. warming and ignore the reality facing That is not true. Virtually every It is entirely possible that cost pro- millions of people who cannot afford leading scientist who knows something jection is very conservative, and these oil and gas. I think we are actually about the issue, including the Intergov- are just rural electric cooperative im- smart enough to walk and chew gum at ernmental Panel on Climate Change, pacts. the same time. We can and must ad- has said, with 100 percent certainty, I also have very real concerns related dress both these important issues. global warming is a reality. In fact, to the fact that anyone—not just cov- My office has recently published a what they have told us is the situation ered emitters—can buy, sell, hold, or small book. It is called ‘‘The Collapse is more dire than they had previously retire emissions allowances. Anyone of the Middle Class, Letters from predicted. If we are concerned about

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.035 S05JNPT1 smartinez on PROD1PC64 with SENATE S5160 CONGRESSIONAL RECORD — SENATE June 5, 2008 the drought we are seeing today which place or that human beings are not I close with a comment from Daniel will only get worse, if we are concerned contributing to it. Botkin, Ph.D., professor emeritus of about the hunger we are seeing as a re- However, when I start discussing this the University of California, Santa sult of that drought which will only with my constituents with respect to Barbara. He says in his statement: get worse, if we are worried about the the present bill, they hit me imme- You may think I must be one of those severe weather disturbances we are see- diately with one single question: What know-nothing naysayers who believes global ing right now, if we are worried about is it going to cost me? warming is a liberal plot. On the contrary, I flooding, about disease, it is absolutely So before I get into any of the as- am a biologist and ecologist who has worried imperative we address the crisis of pects of global warming, I want to an- about global warming, and been concerned global warming and address it now. swer that question. We know we have about its effects since 1968. . . . Some people say: There may be eco- had a wide range of costs cited on the Then he says: nomic dislocation if we do it. There Senate floor. They have said the in- I’m not a naysayer. I’m a scientist who be- may be, and we have to address that. creasing gasoline price will be any- lieves in the scientific method and in what But I believe there are enormous eco- where from 11 percent to 140 percent. facts tell us. I have worked for 40 years to nomic opportunities. I believe the evi- We have heard that the increase in cost try to improve our environment and improve human life as well. . . . dence is clear we can create millions of to electricity will be anywhere from 44 good-paying jobs as we move toward percent to 500 percent. We have heard The PRESIDING OFFICER. The Sen- energy efficiency, as we produce auto- that the increase in cost in natural gas ator has used 5 minutes. mobiles, not that get 15 miles per gal- as a result of this bill would be any- Mr. BENNETT. Madam President, I lon but hybrid plug-ins which get 150 where from 35 percent to 87 percent. ask unanimous consent for an addi- miles per gallon, as we rebuild our de- I do not want to pick a number be- tional 30 seconds. teriorating rail system so people do not tween those two wide ranges in each The PRESIDING OFFICER. Without have to get into a car to go where they case. I went to Utah, and I went to the objection, it is so ordered. want to go but can get on good rail, Utah Petroleum Association and said: Mr. BENNETT. This is his summary: that we deliver cargo via rail. All right, you have looked at this bill. My concern is that we may be moving There is enormous opportunity not What will this cost Utah motorists if away from an irrational lack of concern only in terms of energy efficiency, in this is passed? Do not give me 2030 esti- about climate change to an equally irra- tional panic about it. saving huge amounts of fossil fuel, but mates. Do not give me numbers that Many of my colleagues ask, ‘‘What’s the also in sustainable energy. I have tre- are in a wide range. Tell me, what will problem? Hasn’t it been a good thing to raise mendous optimism in what we can do drivers in Utah have to pay at the public concern?’’ The problem is that in this with the technology that is already on pump if this bill passes? panic we are going to spend our money un- the shelf, not to mention the tech- They gave me a range: somewhere be- wisely, we will take actions that are coun- nology that will be coming in the near tween 32 and 34 additional cents price terproductive, and we will fail to do many of future. at the pump. How did they calculate those things that will benefit the environ- In terms of solar thermal plants that? They said the total cost to Utah’s ment and ourselves. which are now being built in the south- oil refineries of the bill would be $500 That is the irrational panic I think western part of this country, as well as million in the first year of implemen- we would move to if we do this bill all over the world, you have plants, tation. They can extrapolate that $500 without serious amendment. solar thermal plants, that are being million into the price at the pump. The PRESIDING OFFICER. The Sen- built which can provide as much elec- On electricity, I got a wider range. A ator from Montana is recognized for 10 tricity as small nuclear powerplants, Utah company estimated it would have minutes. with no, or virtually no, greenhouse to raise electricity rates somewhere Mr. BAUCUS. Madam President, gas emissions. We are talking about between 100 percent and 500 percent in today, the Senate is addressing the producing 15, 20 or more percent of the order to cover the cost of their pur- most compelling environmental issue electricity the United States needs chasing the carbon allowances. of our time—global warming. right from solar thermal plants. So we start with this debate answer- President Teddy Roosevelt once said: In addition to that, as Germany is ing the constituent question: What will I recognize the right and duty of this gen- doing, as California is now doing, there it cost? These are what it would cost in eration to develop and use our natural re- is tremendous opportunity with Utahns approximately 32 to 34 more sources, but I do not recognize the right to photovoltaics. We can put cents at the pump and somewhere be- waste them, or to rob by wasteful use, the generations that come after us. photovoltaics on 10 million roofs in tween 100 and 500 percent in their elec- this country. The more we produce, the tricity bill. We all have a basic moral duty: a more the price goes down, and we cre- Now, let’s get to the heart of the duty to leave this Earth to our chil- ate jobs in the process. problem. I would like to make a point dren and our grandchildren in as good Wind is the fastest growing source of I think everybody ignores. This is a a shape or better shape than we found new energy in the world and in the global problem, and the bill attempts it. We should not rob future genera- United States. It is also becoming less to solve it with a national solution. tions of a healthy climate and all the and less expensive. I am not just talk- On this chart I have in the Chamber benefits that come from it. What will ing about large wind farms in Texas, in I have two lines. The blue line is the history say about us if we rob future the Midwest. We are talking about projection of what is going to happen generations of the chance to fish in small wind turbines that can be placed in carbon emissions globally. The red cold water trout streams or see gla- in people’s backyards all over rural line is what is going to happen in car- ciers in Glacier National Park? America. bon emissions in the United States. By reasserting America’s moral lead- Geothermal, biomass—there is huge You can see, the blue line is going up ership and enacting a cap-and-trade potential. We must go forward for the dramatically, whereas the red line is program, we can leave a different leg- sake of our kids and our grandchildren. virtually flat. acy. We can protect our outdoor herit- I thank the Chair. Now, if the bill passes, and every- age, make our economy more competi- The PRESIDING OFFICER. The Sen- thing works as its sponsors say it tive, and create more good-paying jobs. ator has used 7 minutes. will—everything comes to pass in the In Montana, we are already The Senator from Utah is recognized best possible way—what will be the im- transitioning to a new green economy. for 5 minutes. pact? The dotted line in red shows We have increased our wind-generating Mr. BENNETT. Madam President, I what will be the impact in the United capacity more than seventyfold in the thank the sponsors of this legislation States. The dotted line in blue shows last 2 years. The potential for this and the leadership of the Senate for what will be the impact globally. clean energy is huge. We can replicate bringing this debate forward. I think it The impact globally will be minimal this success with solar, clean coal tech- is warranted. I think the issues are se- because increasingly the U.S. share of nology, with carbon capture and se- rious. I am not a naysayer who would global emissions is going down. So that questration, and other clean forms of say that global warming is not taking is why I am opposed to this bill. energy.

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.036 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5161 We must begin the process of devel- ceipts in order to increase our competi- important amendment, if we ever get oping the next generation of energy tiveness and help working families? to that phase of this debate, where we technologies at home. A cap-and-trade Should we auction all of the allow- will be able to effectively craft and program will spur cleaner technologies ances, more of the allowances, or shape a policy for our country. and create good-paying jobs. fewer? Rather than spending the re- We deal with striking the inter- We already know that a cap-and- ceipts through the various trust funds, national intent within this bill to take trade system can work. It is a market- should we return more of the money to our money to help others before we based solution that harnesses the the people in tax cuts? help ourselves. We define biological se- power of America’s ingenuity and en- This bill also safeguards American questration. We think that is ex- trepreneurship. economic competitiveness by requiring tremely important because we know In the year 1990, I chaired the con- importers to buy carbon allowances for how to do that now at the Federal ference committee that completed the products imported from countries that level. It is not the old business-as-usual Clean Air Act amendments designed to have not made commitments to reduce model; it is establishing a baseline and address acid rain. At the time, there greenhouse gases. This requirement being able to effectively measure from were a lot of gloom-and-doom pre- can serve as an effective incentive for there. We allow forests to get credits dictions about the costs that the Clean other countries, particularly the rap- from meaningful sequestration, and I Air Act amendments would impose on idly developing economies in China, think this is tremendously important the economy. Certain industry groups India, and Brazil to join us in the fight to be able to do. It is not about the vol- claimed that the Clean Air Act amend- against global warming. ume of a stand of timber; it is about ments would cost industry more than Of course, our trading partners will the ability of that stand to sequester. $5 billion every year. The actual cost watch closely any proposal that im- If you have 400 trees per acre, you have to industry was less than one-third of poses an assessment on imports. It is overpopulated that area by as many as that. And the public benefits of cleaner important we adopt such measures in a maybe 250 or 300 trees per acre. But air have amounted to more than $78 manner that respects international that is the measurement of the Boxer billion a year. trade rules. The proposal before us has amendment. It is absolutely counterin- A cap-and-trade system for green- been carefully crafted to take these tuitive to modern forest science. We house gases will be much more com- rules into account. change it to where we are and to where plicated, clearly. But I am confident As a member of the Environment and we know our forest scientists are that by using a market-based solution, Public Works Committee, I supported today. we can stop global warming as well. the Lieberman-Warner bill in both the We use existing monitoring and We have a moral imperative to act. subcommittee and full committee. I be- measuring tools, which is very impor- We have no choice. But we must also lieved it was very important to move tant. It is a product of 1992 legislation work to get the policy right. We have forward on global warming. when we charged the U.S. Forest Serv- no choice there either. This means de- As chairman of the Finance Com- ice and their laboratories to get at the signing a cap-and-trade system that mittee, I have additional responsibil- business of being able to effectively stops global warming. But it also ities. Those include directing the reve- measure. We use internationally recog- means doing it in a way that enhances nues generated by the Federal Govern- nized sustainable forest management our economic competitiveness, creates ment, overseeing U.S. trade policy, and standards. We use RFS and productive good-paying green jobs, and avoids helping those displaced by trade to re- tax credits for biomass and biomass re- harm to working families. tool and retrain. The bill before us movement, and of course we use stew- Setting the cap determines whether today involves these and many other ardship contracting, which is critically we meet our environmental goals. matters. This is a complex and chal- important. What we do with the money the cap- lenging issue involving many commit- and-trade program raises will deter- tees within the Congress. Let me take the Presiding Officer mine whether we enhance our Amer- We in the Senate have finally woken and those who might be listening today ican competitiveness and help working up to the moral imperative of address- on a very interesting journey that families. ing global warming. Now we must ac- starts at America’s gas pump. Let me By establishing a cap-and-trade sys- knowledge the imperative to get the assume that the Presiding Officer has tem, we are creating a market for policy right. I applaud Senator just driven up to a gas pump some- greenhouse gas emissions. Under the LIEBERMAN, Senator WARNER, and Sen- where in America. You stick the hose cap-and-trade system, emitting green- ator BOXER for bringing this issue be- in your car, you activate the pump, house gases will come at a price. Al- fore the Senate so we can begin to de- you slide your credit card, and you lowances will govern the right to emit bate and improve the policy. begin to fill. Depending on the size of greenhouse gases. The bill before us I want to continue to work with my your vehicle and the price—anywhere gives away some of the allowances but colleagues to get it right, as chairman from let’s say $3.85 a gallon for regular auctions others in an auction system. of the Finance Committee, as a mem- to maybe $4.44 in California—you begin The bill auctions fewer allowances in ber of the EPW Committee, and as a to grow annoyed as the calculator on the earlier years and more in the later Montanan and a concerned American. the pump goes: 35, 40, 45, 50, 55, 60, 65— years of the program, through the year We owe it to our children to act and to oops, you have maxed the pump and 2050. get it right. you have to get more by reactivating The auctioning of these allowances Madam President, I yield the floor. the pump to fill your SUV. Your anger will generate receipts. According to the The PRESIDING OFFICER. The Sen- is optimal now. You have just paid 100 Congressional Budget Office, enacting ator from Idaho is recognized for 10 bucks or somewhere near that, and you this substitute will generate an addi- minutes under the previous order. have never done that before. You move tional $902 billion in receipts over the Mr. CRAIG. Thank you, Madam your view up to the pump and it says next 10 years—close to $1 trillion. President. ‘‘Chevron.’’ It says ‘‘Shell.’’ It says one The bill we are considering allocates Let me recognize at the beginning of of the major oil companies. You focus the money generated from the auction my comments that yesterday I was on your anger on that company and you through a variety of trust funds. There the Senate floor to talk about the in- say: It has to be their fault. They are are 15 of them in all. They are directed corporation of good forest policy as it making record profits. Somehow, there toward different needs anticipated relates to rejuvenating America’s for- ought to be a way to stop them from from dealing with global warming. For ests to increase their capability of se- doing what they just did to me and my example, the bill sets aside funding for questration of carbon out of the atmos- pocketbook and my family’s budget. such things as wildlife adaptation, cre- phere. I said at that time there would Let me take you, the consumer, then, ation of a new worker training pro- be an amendment. That amendment a step further and suggest to you that gram, and energy technology. has the cosponsorship of Senators you are part of a problem that has been All of these are worthy causes. But DOMENICI, ALLARD, CRAPO, and growing in America for a long while. are they the best way to use the re- BARRASSO and has been filed. It is an Your demand for the use of energy has

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.038 S05JNPT1 smartinez on PROD1PC64 with SENATE S5162 CONGRESSIONAL RECORD — SENATE June 5, 2008 gone nearly straight up over four dec- less we park the SUV and get a bicycle. Shelf as the ghosts of Santa Barbara ades as you have increased your con- But you can’t haul your kids to the that lurk in this Chamber and hide in sumption of it. Why? Because the price soccer game on a bicycle. You can’t the background of environmental argu- was reasonable and you enjoyed it. The haul boxes of groceries home on a bicy- ments. That was Santa Barbara in 1969. price was reasonable and your demand cle. So the American economy and its But what is fascinating about Santa went up dramatically, but while that consumers are questioning themselves Barbara is that while we didn’t drill was going on, there were interests at right now, saying: What do we do? offshore Santa Barbara because of a work in our country that said: We are Let me suggest there is somebody to moratorium on the Federal waters, we not going to produce any more, we are blame besides ExxonMobil and Chevron continued to drill offshore Santa Bar- going to produce less, and we did. So and Marathon. Why don’t you blame bara in the State waters. Today, off- our overall supply began to drop at the Senate? Why don’t you blame the shore Santa Barbara, CA, is producing about the time that our demand began Congress of the United States which, 731,000 barrels of oil a day. They just to go up catastrophically. What hap- by being subject to environmental cut a new deal with some oil companies pened was an interesting scenario. pressure over the last 30 years, has to drill in this area. Well, why aren’t So now you have hung your hose up largely denied the right of this country they allowing us to drill offshore fur- from the gas pump, you have just paid to effectively develop its oil reserves ther out in the Continental Shelf? Be- 100 bucks, and you are angry as heck. and create a less dependent relation- cause California doesn’t get the money. You are part of the demand curve in ship with all of these countries? That Oops. Sorry, folks. Money trumped the our supply in our country that is drop- is what we ought to be doing, but we environment. Remember that. In Santa ping down, and you have just blamed are not doing that. Barbara today, they are drilling for oil Exxon or Chevron or Marathon or Here is a map of the gulf region of if it is within the 3-mile limit of the someone because you have spent 100 Florida. In this region, we are devel- shoreline because that is State oil and bucks to fill your SUV and you are not oping this right now. We have just that is State water. But out in the Fed- happy. opened this area after we spent 2 years eral reserve, Outer Continental Shelf, If you took all of these small compa- trying to get it open because politics no, no, no, no, can’t do, must not do nies and blamed them all and said they would not allow us to open it, and we that, something about a problem. have to be the problem, they would think there are about 2.2 million bar- Well, what the ghost of Santa Bar- only represent about 6 or 7 percent of rels a day starting in 2012 down here. bara and the 1969 oil spill did was shove the problem. The problem these compa- This is lease sale 181. But over here, us into a period of technology unprece- nies have is that they are buying a sub- there may be as much oil as there was dented. Today, we are drilling offshore stantial amount of their oil from this or is here, but this is politically off in the gulf, and the water is so deep side of the chart. They are buying their limits. We can’t do it. Why shouldn’t that we didn’t even imagine a decade oil from countries—from countries that the consumers say: Well, what is the ago we could be there. We are doing it don’t give a darn about our problems. politics of it? You are draining my appropriately and in a very clean fash- We have grown so dependent on foreign pocketbook dry. Is there value in those ion. countries that now some 55 to 60 per- politics? Why don’t you develop your So here are the headlines in Los An- cent of our consumption comes from reserves? Well, Florida, Presidential geles, April 20, 2008: Santa Barbara ap- them, and we pay a phenomenal politics—you name it. Floridians are proves offshore drilling. Well, what amount for it, or should I say you— awfully frustrated by the fact that you happened to this picture here? What you, the consumer who has just put up might be able to drill there. happened in 1969 with this oil rig spill- the hose on the gas pump and who has This area right down here is the ing oil, sea lions dying, fish dying, grown angry, wanting to focus your Cuban basin, the northern Cuban basin. muck, oily muck along the shoreline? anger on these companies. Cubans are letting leases out to drill That is Santa Barbara, 1969. We were Is it Canada you want to blame? there. The U.S. Geological Survey led to believe they stopped drilling al- Well, let’s see now, at $125 a barrel, we would suggest that there is some oil together, but they didn’t. They just ap- are paying Canada $280 million a day. there—maybe quite a bit of oil—but we proved new drilling, but it is inside the Why should we blame them? They are won’t get it. It won’t traffic through 3-mile zone. supplying our needs. There are no gas Exxon or Chevron because we have a Now, Californians are selective, ap- lines today. There is no diminishment policy that denies us access to that re- parently, about their environment. If in supply. It is a price problem. Well, gion of the world because, if you will, there is money tied to it, well, maybe then let’s blame Saudi Arabia. Oh, yes. of the politics of Cuba, plain and sim- we can drill, if we get all the money, They are over here. They are the big ple. but if we don’t get as much of it, we boys. The President just went over So here is our problem with that and won’t drill offshore. That is the kind of there, hat in hand, begging that they here is our problem with this inter- politics that have gone on today. turn their valves on, and they said: No, esting picture. We have about 115 bil- So remember how I started these Mr. President. Your problem, not ours. lion barrels of reserve in gas, about 29 comments a few moments ago? You You are going to keep buying our oil. billion known, about 5 billion undis- have just driven up to a gas pump, you You need it. We are paying them $190 covered resources. In gas, we have just stuck the nozzle into the tank of million a day. Maybe it is Venezuela, about 633 trillion cubic feet, 213 trillion your SUV, you just cranked out 100 run by a little tinhorn dictator—$160 known, 419 unknown. Now, that is in- bucks of regular at about $4.40 a gal- million a day flowing from our con- formation that is 20 years old because lon—in California, because of the bou- sumers’ pocketbooks—or it is Nigeria politically you dare not go out into tique fuels of the Clean Air Act—and at $140 million or it is Algeria at $70 any of these regions today with the you have grown angry because some- million. new seismic technology and explore be- body was ripping you off, and that The bottom line is, well over $1 bil- cause if you did and you found oil, you somebody had to be an Exxon or a lion a day comes right out of the con- might want to drill, and that would be Chevron or a Marathon or someone sumers’ pocket and goes primarily to environmentally unacceptable. Oh, how else. But I hope I have been able to sug- one of these companies that buy from frightening. gest to you some additional knowledge: one of these countries. They buy the I remember a time—and not all do That they represent maybe 6 percent of oil at the current world price, and they unless you are about my age—come world production. It is the are allowed to take some profit from it; 1969 when there was an interesting oil petropolitics of the world today where sure they do. Their profits are record spill off the coast of Santa Barbara in nearly 90 percent of the known oil and highs because the charges are record southern California. It made national the reserves are owned by foreign na- highs, and the story goes on and on. headlines because it was one of the tions that are sticking it to us, and We search to blame. We have little first major oil spills that did substan- they are sticking it to us today be- alternative. The business of the oil tial environmental damage. I have of- cause of our own interesting greed, be- economy has little elasticity to it. We tentimes referred on the floor to our cause we grew luxuriously fat on cheap can’t switch over to something else un- denial to access the Outer Continental energy and we developed cars that take

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But how about blaming us here in July of 2004, the Intelligence Com- facts in the phase II majority reports in the Congress, because some of us mittee completed an exhaustive 2-year released today change that conclusion. have tried, but the body politic of study of the inadequacies of the intel- There is no evidence in the information America denied that we should touch ligence pre-Iraq war. We looked at it. brought up today that changes the con- our own reserves, develop our own oil, We had hundreds of interviews, brought clusions of the phase I bipartisan 15-to- and that we should become dependent people in, and looked at all of the docu- 0 vote. upon someone else. ments. Our staff analyzed all of these Now, the reports that came out today So we have legislation on the floor items and interviewed people. We came ignore the fact that many in Con- today that doesn’t help that. It creates, to the conclusion that, despite what gress—Republicans and Democrats—ex- in fact, greater dependency. It doesn’t some people had said, the intelligence amined the same intelligence as the move us forward to develop those prior to the Iraq war was flawed. It Bush administration, and they, too, known reserves. It doesn’t allow us to wasn’t a question of the administration characterized Iraq as a growing and do the geological exploration in the pressuring analysts or the administra- dangerous threat to the United States. deep waters of the Outer Continental tion misusing intelligence. Those The public report is replete with ex- Shelf with the new technologies, in charges were made and they were very amples of statements by the current which we will find much more oil than volatile. They were all dismissed be- chairman and by other Democrats. Let we know is there. cause the intelligence was bad. We me report what was said by the current America, blame your Congress— passed the bill out of committee unani- chairman. blame your friendly Congressman or mously. It was a true bipartisan work. October 10, 2002: your friendly Senator. Ask them how It stands as a monument to what effec- There is unmistakable evidence that Sad- they voted. Ask them how they are tive oversight could and should be. It dam Hussein is working aggressively to de- going to vote on ANWR, on Outer Con- helped reform the intelligence commu- velop nuclear weapons and will likely have tinental Shelf, on new development, on nity, to make it better and improve the nuclear weapons within the next 5 years. He new refinery capacity. Oil is not the could have it earlier if he is able to obtain tradecraft of the analysts, and to in- fissile materials on the outside market, answer for 50 years from now, but oil is spire more working together. which is possible—difficult but possible. We the bridge that gets us from where we But today we have regressed signifi- also should remember we have always under- are to where we need to be with new cantly. What came out today as the estimated the progress that Saddam Hussein technologies. But our lack of foresight, phase II reports were, regrettably, has been able to make in the development of our rush to be green, and our rush to highly partisan. When I became vice weapons of mass destruction. deny the realities of the marketplace chairman of the Intelligence Com- He said this also: has produced the problems we have mittee, I had hopes we would be able to Saddam Hussein represents a grave threat today, and there are people to blame. put behind us the corrosive atmosphere to the United States. We ought to start right here with a of partisanship that had taken over in Further on in the statement, he said Congress that would not listen. the committee in previous years. I rec- on October 10, 2002: But year after year, while I and oth- ommended that we work together on The President has rightly called Saddam ers brought ANWR to the floor for a phase II to bring it to an end, because Hussein’s efforts to develop weapons of mass vote, and while we tried to get into the most of the work had been done in 2006. destruction a grave and gathering threat to Outer Continental Shelf, politically, it The minority asked for extensive anal- Americans. The global community has tried, was simply an unpopular thing to do, ysis and collation and collaboration, but has failed, to address that threat over because some would say this would be and they prepared that. But the offer the past decade. I have come to the inescap- the picture. Fellow Senators, this pic- was rejected by the chairman. able conclusion that the threat posed to ture I display on the Senate floor is a Instead, two reports were written America by Saddam’s weapons of mass de- struction is so serious that despite the picture of the past. This is of 1969 solely by Democratic staffers. No mi- risks—and we should not minimize the Santa Barbara. From that day forward, nority staffers participated in the writ- risks—we must authorize the President to we began to apply technology to drill ing of the report. They were shut out, take the necessary steps to deal with that heads, to drill rigs, through our capa- unlike work on the phase I effort. It is threat. . . . There has been some debate over bility and talent. When Katrina hit the an unfortunate example of partisanship how ‘‘imminent’’ a threat Iraq poses. I do be- gulf and hit the coastline of Louisiana, being alive and well on the committee. lieve Iraq poses an imminent threat. I also parts of Alabama, Mississippi, and The report released today is an at- believe after September 11, that question is Florida, offshore, not one drop was tempt to score election year points. I increasingly outdated. It is in the nature of would have thought we would quit these weapons that he has and the way they spilled. Thousands of wells were shut are targeted against civilian populations, down. Rigs were sent adrift. But what fighting the 2004 election, but appar- that documented capability and dem- is depicted in this picture did not ently we have not. It violates the com- onstrated intent may be the only warning we occur. This will not occur again be- mittee’s nonpartisan principles and re- get. To insist on further evidence could put cause of the triple safety devices and jects the conclusions unanimously some of our fellow Americans at risk. Can we all of the kinds of things that have reached in previous reports. afford to take that chance? I do not think we been incorporated as a result of this. I think it is ironic that the majority can. So California today drills happily would knowingly distort and misrepre- Those were the statements he made away within the 3-mile zone, because sent the committee’s prior phase I find- on the Senate floor. Frankly, I said they get 100 percent. But outside the 3- ings in an effort to prove that the ad- many of the same things, because he mile zone, no, no, no, can’t touch, ministration distorted and mischaract- was looking at the same intelligence I might hurt the environment. Shame on erized the intelligence. In contrast, as I was, the majority of this body was us. said, the phase I report of July 2004 looking at, and the executive branch I yield the floor. concluded that most of the key judg- was looking at when they made the dis- The PRESIDING OFFICER (Mr. ments in that NIE, National Intel- tinction. We decided to support the SALAZAR). The Senator from Missouri ligence Estimate, on Iraq’s WMD pro- President to move forward. The intel- is recognized. grams either overstated or were not ligence was often flawed, but that was INTELLIGENCE COMMITTEE PHASE II REPORT supported by the underlying intel- the intelligence we had at the time. Mr. BOND. Mr. President, with some ligence. And the committee found that The report we have today was drafted reluctance, I come to the floor today to the Intelligence Committee failed to entirely by the majority. The minority continue the discussions that were explain to policymakers the uncertain- was entirely cut out of the process. begun this morning about the Intel- ties behind the judgment. The report Even with the majority-only drafted ligence Committee’s report that comes made it clear that flawed intelligence— report, the twisted statements of pol- out today, called phase II. not administration deception—was the icymakers cherry-picks intelligence

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.039 S05JNPT1 smartinez on PROD1PC64 with SENATE S5164 CONGRESSIONAL RECORD — SENATE June 5, 2008 and validates what we have been say- My memory goes back to yesterday, line to increase since the date of enactment ing for years—that the intelligence was with the unusual, untoward request of this Act. flawed. and objection that we not be allowed to (b) ADMINISTRATOR ACTION.—Notwith- standing any other provision of this Act, No. 2, the statements report excludes waive the reading of almost a 500-page upon a determination under subsection (a) of intelligence, including instances in amendment. So we spent all day yes- higher gasoline prices caused by this Act, which the committee knew that policy- terday doing that. I think if my friend the Administrator shall suspend such provi- makers’ statements were fact checked is interested in doing something about sions of this Act as the Administrator deter- and approved by the IC. For example, gas prices, that opportunity will come mines are necessary until implementation of the report does not explain that the quickly, because we are going to have the provisions no longer causes a gasoline speech of Secretary of State Powell to vote Tuesday morning on gas prices. price increase. was not only checked and rechecked by It is a very direct, concise debate on Mr. MCCONNELL. Mr. President, ob- the IC, but that the first draft of the gas prices. I hope we will get support viously, I am disappointed that the ma- speech was actually written by the from the Republicans on that issue. jority has objected to allowing this CIA. This original draft included text It would seem to me, if they are in- amendment to become pending. Earlier that the majority report claims was terested in doing something about gas today, the assistant majority leader ‘‘unsubstantiated.’’ prices, they would vote cloture on that. said we should be voting on amend- The report does not review any state- If they wish to offer amendments, that ments. I actually couldn’t agree more. ments of Democrats. is the fine. But with all due respect to In a week in which gas prices have The report distorts the words of pol- my friend, who objected to even com- climbed to an all-time high, the Demo- icymakers to help make the majority’s mittees meeting today—committees cratic majority in the Senate is push- case. meeting today—in addition to having ing legislation that would send them The majority didn’t even seek to the amendment read—— up, at the very least, another 53 cents interview those whom they accuse of Mr. MCCONNELL. Parliamentary in- a gallon. making unsubstantiated statements. quiry: Is this an objection or a speech? Since the majority took over Con- There is a second report, the Rome Mr. REID. It is both. I object. gress 17 months ago, gas prices have report, which was totally outside the The PRESIDING OFFICER. The Sen- gone up $1.66 a gallon. Since the begin- scope of the committee’s authoriza- ator has reserved his right to object. ning of this year alone, gas prices have tion. The committee said we will look Mr. REID. And I object, Mr. Presi- gone up nearly a dollar—82 cents. at the Office of Special Plans and the dent. Today, AAA reported a new record- PCTEG in the Defense Department, The PRESIDING OFFICER. Does the high average gas price nationwide of with reference to Iraq. The report they Senator wish for the regular order? $3.99 a gallon. All of this is hurting put out today has nothing to do with Mr. MCCONNELL. I believe I have families, workers, truckers, farmers—it Iraq. It is about an Iranian talking the floor, Mr. President. is hurting literally everyone. Yet the about Iran. The people whom they were The PRESIDING OFFICER. The Re- majority has nothing to say about it. It talking to were not members of the Of- publican leader does have the floor. has done nothing, actually worse than fice of Special Plans or the PCTEG. It Mr. MCCONNELL. I take no pleasure nothing. It has repeatedly blocked ef- was not an intelligence operation. The in cutting off my friend, the majority forts to increase production of Amer- United States had been contacted by leader. I have the floor, and I pro- ican energy at home, as recently as somebody who wanted to speak to pounded a unanimous consent request last month, when 48 Democratic Sen- somebody other than the CIA about in- to which he objects, which is, of course, ators voted against the American En- formation he had in Iran. It was found his right. ergy Production Act. Now, at the beginning of the summer not to be trustworthy or useful, and Let me make some observations driving season, it offers a bill that the National Security Adviser dis- about the amendment I would have of- would send gas prices up another 53 missed it and said it requires no fur- fered had I been permitted to. My good friend, the majority leader, cents a gallon, for goodness’ sake. Peo- ther proceeding. ple in the Commonwealth of Kentucky We wasted time, we wasted valuable was complaining about the reading of are paying, on average, $3.92 a gallon effort, and we got nothing for it. the amendment yesterday. I remind this week. They want to know what in I regret to say this has injected par- him it did not take nearly as much of the world is going on around here. I am tisan politics and does this committee the Senate’s time as his reading pas- telling them to take a look at what is and this body no useful purpose. sages from his own book back in 2003, going on here this very week. I am ask- I yield the floor. which took up to 9 hours of the Sen- ing the same question they are: Why on The PRESIDING OFFICER. The Re- ate’s time, that, too, to make a point Earth are we considering a bill that publican leader is recognized. about the way judicial confirmations would raise gas prices even higher— UNANIMOUS CONSENT REQUEST—S. 3036 were being handled. So it is certainly even higher—than they already are? Mr. MCCONNELL. Mr. President, I not unprecedented for Members of the Our friends on the other side have no notified the other side that I am going body—not the majority leader, not my- serious plan for lowering gas prices. In- to propound a unanimous consent re- self—trying to make points with regard deed, they seem intent on raising them quest to which I think they will object. to the displeasure, if you will, in the even higher, which is why I have tried I didn’t want to blindside them. I don’t handling of judicial appointments. offering this amendment as a sort of know who on the other side is avail- With regard to the amendment I emergency brake on the majority. able. would like to have offered, I ask unani- This amendment says that if the I see both leaders here. Therefore, I mous consent to have printed in the Boxer climate tax bill does, in effect, ask unanimous consent that the Sen- RECORD the amendment so people will increase gas prices, its provisions shall ate resume consideration of S. 3036, the know what I would have offered had I be suspended. Lieberman-Warner climate change bill; been allowed to. Let me say that again. This amend- that the motion to commit be with- There being no objection, the mate- ment I had hoped to be able to offer drawn and the pending amendment be rial was ordered to be printed in the and get pending and voted on simply temporarily set aside so that I may RECORD, as follows: says, in fact, if the Boxer climate tax offer an amendment related to gas On page 161, between lines 6 and 7, insert bill does, in fact, increase gas prices, prices. the following: its provisions shall be suspended. Turn The PRESIDING OFFICER. Is there SEC. 530. ACTION UPON HIGHER GASOLINE them off and take a time out. objection? PRICES CAUSED BY THIS ACT. Earlier this week, the junior Senator Mr. REID. Mr. President, reserving (a) DETERMINATION OF HIGHER GASOLINE from Connecticut said the Boxer bill the right to object, I think it is pretty PRICES CAUSED BY THIS ACT.—Not less than would reduce gas prices. His contention annually, the Secretary of Energy, in con- clear what the picture is here. After sultation with the Secretary of Transpor- runs counter to every analysis of the trying everything that we could to tation and the Administrator, shall deter- bill of which I am aware. But if he is have a regular debate on this bill, we mine whether implementation of this Act right—if he is right—if the Boxer cli- were turned away at every point. has caused the average retail price of gaso- mate tax bill actually reduces gas

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I hope this bill doesn’t pass, but We are going to do it in the morning, right, then my amendment would not if it does, I hope they are wrong and to allow us to go forward and debate have any effect on the cap-and-trade that the Senator from California is some amendments. We will see what system outlined in this bill because, of right. In any event, as a good hedge happens on that vote. course, gas prices would not be in- against further raising gas prices on The American people understand creased by the operation of the bill. If American consumers, it struck me that what the Republican minority has done he is wrong, my amendment will pro- the McConnell amendment would be a to the Senate and to our country. It tect those who are suffering today from good way to go. has even spilled over into the House of the high price of gasoline. I regret it will not be possible to offer Representatives in three special elec- We should have an opportunity to that amendment. It would have been tions. The former Speaker of the House ask Senators where they stand. Do good for the Senate to have considered of Representatives, the man Speaker they believe, as I do, that gas prices and to have voted on this amendment. PELOSI replaced, in a heavily Repub- are high enough already or do they be- But apparently that will not be the lican district in the State of Illinois, lieve, as the sponsors of this bill do, case today. that district went Democratic. Why? that gas prices should rise even higher? I yield the floor. Because of this going on. What are they afraid of? Let’s have The PRESIDING OFFICER. The ma- In Louisiana, a House seat that had votes on these amendments. This is the jority leader. been Republican for many years, the kind of bill, as I have said repeatedly, Mr. REID. Mr. President, look at this Democrats won that seat in a special normally in the Senate would have picture: My friend is complaining election. In Mississippi, they appointed been on the floor for weeks. This is a about judges. They did this yesterday a Senator to take Senator Lott’s spot. big, complicated bill, described by my because of judges. I gave a speech 7, 8 There was a vacancy. A Democrat won friend and colleague, the majority years ago that lasted 9 hours, so they that. It is going to continue. The leader, as the most important matter can now say that is fine, these many American people see this picture. Several Senators addressed the for the planet. I think we would all years later, we are going to force them Chair. to read a bill. agree that is a big deal. The PRESIDING OFFICER. The Re- If this issue is the most important Keep in mind, all you people who are publican leader. issue confronting the planet, then it is watching, we have the lowest rate in Mr. MCCONNELL. Mr. President, worth more than a few days. If we decades, some 30 years, of vacancies in with respect to the judges issue—we spent 5 weeks and considered 180 the Federal judiciary. Is it an emer- are getting things kind of mixed in to- amendments and processed 130 of them gency? Of course not. These lifetime gether—with respect to the judges on the clean air bill in 1990, this bill is appointments make far more money issue, it was viewed with incredulity certainly worth a multiweek, multi- than the average American. the suggestion that somehow reading faceted debate and consideration of This judges issue they put into this the amendment yesterday was without amendments without preclearance on global warming debate is a diversion. precedent. My good friend clearly re- both sides. President Bush doesn’t acknowledge members his reading his own book on What has evolved in the course of the global warming exists, so it is obvious the floor of the Senate. According to last year and a half is the only way you he is not concerned about global warm- Senate records, it was nearly 9 straight get to offer an amendment around here ing. hours, longer than it took to read the is if the other side agrees to let you. I so admire a few valiant souls, led by amendment yesterday. Interestingly The majority leader and I have been Senator WARNER, on the other side who enough, it had nothing to do with around the Senate long enough to re- do believe it is a critical issue. I appre- judges. At least reading the amend- member when that was not the way ciate their vigilance and their courage ment yesterday was a way to learn you operated on major bills. We were for coming forward and supporting us about the Boxer substitute, since we both here in 1990, when Senator Mitch- in trying to do something about global had gotten it about 15 minutes before ell was the majority leader. The Demo- warming. it was offered. crats controlled the House, controlled My friend, the Republican leader, is The fundamental issue on judges is the Senate, and there was a Republican talking about gas prices having gone keeping your word around here. Let’s in the White House. We were trying to up while we have been in control of the not obscure the point. The funda- do a clean air bill. We spent 5 weeks on Senate for less than 18 months. The mental issue about judges is, Are you it, considered 180 amendments, passed President of the United States has been going to keep your word? 130 of them. Nobody was asking permis- in power for 71⁄2 years. Gas prices have At the beginning of this Congress, sion to offer an amendment. It was a gone up 250 percent. Gas prices, since the majority leader and I agreed we freewheeling, wide-ranging, wide-open the first of the year, have gone up 82 would achieve, working together, the debate on an important issue at that cents. average number of circuit judges of time. This whole argument objecting to each of the last three Presidents, each This strikes me as very similar in na- committees meeting—when the Repub- of whom, to their regret, ended their ture to that, and I don’t know why we licans were in power, there was not terms with the opposition party in the are afraid to spend time on this bill, much going on with the committees, majority. It was not contingent on va- why we are afraid to have amendments no oversight. We are having a little cancy rate. There was no discussion of on it. My goodness, filling the tree, fil- oversight. Maybe that is why they vacancy rate. It didn’t have anything ing cloture—it strikes me my good don’t want us to do the committee to do with anything other than a nu- friend, the majority leader, doesn’t hearings. merical measurement of success. want anybody to vote on any of the This whole issue dealing with global When it became clear several months amendments. We wish to go through a warming—we have a memo of theirs ago that there was no serious effort kind of 1-week, check-the-box exercise saying they are going to play political being made to keep that commitment, and move on. If this is, indeed, the games—the whole issue relating to this we had a conflict here on the floor most important issue confronting the reminds me of the old-time story where about another bill. In connection with planet, why are we not spending time a person kills his parents and then settling that dispute, the majority on it? seeks the mercy of the court because leader committed to me that we would So I would have liked to have had a he is an orphan. That is what they are do three circuit judges before Memorial chance to vote on that amendment. It doing. Day toward the goal he and I had strikes me that if the position of the This argument is so transparent. agreed on earlier. We did one. We did majority is this bill will not raise gas After not having allowed us to do any- one.

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.043 S05JNPT1 smartinez on PROD1PC64 with SENATE S5166 CONGRESSIONAL RECORD — SENATE June 5, 2008 The only way this institution can the next Congress—an important foun- Vice Admiral Richard H. Truly, USN function is that when we give our word, dation. I wish we would have had more (Ret.), Former NASA Administrator, Shuttle we ought to keep it. debate, but I will not get into the poli- Astronaut and the first Commander of the Now, on a separate track, last night, tics of what happened. It is clear to all. Naval Space Command. General Charles F. ‘‘Chuck’’ Wald, USAF in connection with a nominations But I will say that in the brief period (Ret.), Former Deputy Commander, Head- package, the commitment was made to we were on the bill, for example, I did quarters U.S. European Command do three district court judges within not hear any really substantial debate (USEUCOM). the next week who are on the calendar contesting the fundamental question: General Anthony C. ‘‘Tony’’ Zinni, USMC right now and have been on the cal- Is there adequate science to support— (Ret.), Former Commander-in-Chief of U.S. endar since late April. to support—the action by the Congress Central Command (CENTCOM). So now we have two commitments of the United States and then hopefully Sherri W. Goodman, Executive Director, extant here. We have the commitment Military Advisory Board, The CNA Corpora- the President of the United States to tion. at the beginning—well, three actually: address this issue? That seems to me to STUDY TEAM the commitment at the beginning of be put aside now. the Congress to reach the average for David M. Catarious Jr. I think we can deduce from this lim- Ronald Filadelfo. each of the last three Presidents, which ited debate we have had that each and Henry Gaffney. would have been 17; then we had the every Member of this Chamber is genu- Sean Maybee. commitment to do three prior to Me- inely concerned to some degree about Thomas Morehouse. morial Day, only one of which was the effects of the erratic changes in our Mr. WARNER. Mr. President, I will done; and now last night, in conjunc- climate, in our weather, with the read first from the statement, and then tion with a nominations package, we droughts and the floods, the tornadoes, I will insert the full statement of Gen- had a commitment to confirm three and these other unexplainable vari- eral Sullivan in the RECORD. district court judges who have been on ations in the historical—I repeat, the General Sullivan has had a 50-year the calendar here in the Senate since historical—benchmarks of these weath- career, in one way or another—on Ac- late April. And these are typically not er occurrences. So we are moving for- tive Duty or continuously working— even controversial. The chair of the Ju- ward, and that was a very important with the U.S. Army. I have known him diciary Committee was on the floor at building stone. a long time. I remember him coming to the time. So we will see if that com- This morning, the chairman and the testify before the Senate Armed Serv- mitment is to be kept. Senator from Connecticut and, indeed, ices Committee many times in his ca- So that is what this is about, Mr. the Senator from Massachusetts, Mr. pacity as the Chief of Staff of the President. It is about keeping your KERRY—the four of us joined to intro- Army. He stated as follows: word here in the Senate. duce two very fine, distinguished, re- Having said this, I admit I came to the Ad- I yield the floor. tired four star officers—one a general visory Board as a skeptic and I’m not sure Mr. WARNER addressed the Chair. and one an admiral. They are a part of some of the others didn’t as well. After we The PRESIDING OFFICER. The Sen- a team of 11 members. listened to leaders of the scientific, business, ator from Virginia. Mr. President, I ask unanimous con- and governmental communities, both I and Mr. WARNER. Mr. President, I un- sent to have printed in the RECORD the my colleagues came to agree that global cli- derstand that the order gave a period names of all the members of the Mili- mate change is and will be a significant from 2 to 3 to the Senator from Vir- tary Advisory Board to the Center for threat to our national security. The poten- ginia, the Senator from California, and tial destabilizing impacts of global climate Naval Analysis, a national and inter- change include reduced access to fresh water, the Senator from Connecticut. Am I nationally recognized organization impaired food production, health issues, es- correct on that? which deals in a nonpolitical way on pecially from vector and food-borne diseases, The PRESIDING OFFICER. That is issues. They put together a very com- and land loss, flooding and so forth, and the correct. prehensive report about the national displacement of major portions of popu- Mr. WARNER. Recognizing that our security implications from global cli- lations. And overall, we view these phe- leadership had important matters to mate change. nomena as related to failed states, growth of bring to the attention of the body and There being no objection, the mate- terrorism, mass migrations, and greater re- gional and inter-regional instability. that 15 minutes of that time was con- rial was ordered to be printed in the sumed in that series of important mes- RECORD, as follows: This is a totally pure, nonpolitical assessment of this problem. sages, I ask unanimous consent now THE MILITARY ADVISORY BOARD How I wish we would have had the op- that the entire calendar of scheduled General Gordon R. Sullivan, USA (Ret.), speeches and so forth be moved ahead Former Chief of Staff, U.S. Army; Chairman, portunity to have had further debate, 15 minutes to restore our time and Military Advisory Board. at which time we could have brought thereby extend time. Admiral Frank ‘‘Skip’’ Bowman, USN forth other testimony of members of The PRESIDING OFFICER. Without (Ret.), Former Director, Naval Nuclear Pro- this panel and addressed the security objection, it is so ordered. pulsion Program; Former Deputy Adminis- issues. Those were the issues that drew Mr. WARNER. I thank the Presiding trator-Naval Reactors, National Nuclear Se- me, this humble Senator, to partici- Officer, and I thank my colleagues. curity Administration. pate and to devote basically a year of Mr. President, I wish once again to Lieutenant General Lawrence P. Farrell my career with my good friend from Jr., USAF (Ret.), Former Deputy Chief of Connecticut, both of us members of the express my appreciation to the chair- Staff for Plans and Programs, Headquarters man, Chairman BOXER, and my col- U.S. Air Force. Armed Services Committee. It is be- league, Senator LIEBERMAN, in the long Vice Admiral Paul G. Gaffney II, USN cause of the national security implica- voyage we have had. Senator (Ret.), Former President, National Defense tions. LIEBERMAN and I have been working on University; Former Chief of Naval Research I would like to read a bit from the this for nearly a year, the climate and Commander, Navy Meteorology and testimony of ADM Joe Lopez. Now, I change bill and the security bill, as we Oceanography Command. have known Joe Lopez ever since he call it, and then our chairman eventu- General Paul J. Kern, USA (Ret.), Former was a Navy captain, when I was the Commanding General, U.S. Army Materiel Secretary of the Navy. He has a re- ally joined and the committee acted Command. and the rest is history. Admiral T. Joseph Lopez, USN (Ret.), markable career. He stated as follows: I look upon this as being a very sub- Former Commander-in-Chief, U.S. Naval National security involves much more stantial contribution to this con- Forces Europe and of Allied Forces, South- than just military strength. National secu- tinuing debate on this very perplexing ern Europe. rity is affected by political, military, cul- but essential subject to be continu- Admiral Donald L. ‘‘Don’’ Pilling, USN tural, and economic elements. These ele- ously watched here in the United (Ret.), Former Vice Chief of Naval Oper- ments overlap, to one degree or another, and ations. every major issue in the international arena States of America, and the next Con- Admiral Joseph W. Prueher, USN (Ret.), contains all of them. And climate change has gress will take it up, and I think we Former Commander-in-Chief of the U.S. Pa- an impact on each of them. This will be par- will have laid a foundation for the fu- cific Command (PACOM) and Former U.S. ticularly more pronounced in the world’s ture work of the next President and Ambassador to China. most volatile regions, where environmental

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.049 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5167 and natural resource challenges have added Climate change, national security, and en- and foreign. Continued dependence on over- greatly to the existing political, economic, ergy dependence are all inter-related. Simply seas fossil fuel energy supplies, and our ad- and cultural tensions. These instabilities hoping that these relationships will remain diction to them, cause a great loss of lever- that already exist will create a fertile static is simply not acceptable given our age in the international arena. Ironically, a ground for extremism, and these instabilities training and experience as military leaders. focus on climate change may actually help are likely to be exacerbated by global cli- I think hoping that everything is going to be us on this count. We should leverage tech- mate change. great probably won’t work, at least in our nology and extract and exploit our natural Again, there is no politics in this. It view. resources including coal to make it safe and is a clear statement from a man who I would say that most of us on the Military environmentally friendly. Nuclear power can Advisory Board were in the military service be exploited. The Navy has been safely doing has devoted over 40 years of his life to of the United States of America for over 30 this for years. Key elements of the solution military service for our country, and years, most of it during the Cold War. High set for climate change are the same ones we there are nine others who participated levels of catastrophe could have occurred if would use to gain energy security. in this panel. we didn’t invest in military preparedness and Second, this issues is great and the U.S. Mr. President, I ask unanimous con- awareness of the threats we faced. alone cannot solve it. If we in our Nation do sent to have printed in the RECORD the In conclusion, you never have 100 percent everything right—assuming we know what is statements of General Sullivan and Ad- certainty on the battlefield. We never have right—the hazards of global climate change miral Lopez. it. If you wait until you have 100 percent cer- would not be solved. China and India are in- There being no objection, the mate- tainty, something terrible is going to hap- tegral to the global solution. We must en- pen. As such, now is the time to act on the gage them. rial was ordered to be printed in the critical issue of climate change. My third point: For military leaders, the RECORD, as follows: ADMIRAL LOPEZ first responsibility is to fight and win. The GENERAL SULLIVAN highest and best form of victory for one’s na- My name is ADM Joe Lopez and my naval My name is Gordon Sullivan. I have served tion involves meeting the objectives without career has included tours as commander-in- actually having to resort to conflict. It takes America as a soldier since 1955. My last duty chief of U.S. Naval Forces Europe and com- position was as Army Chief of Staff—1991 to a great deal of investment, planning, strat- mander-in-chief, Allied Forces, Southern Eu- egy, resources and moral courage. But the 1995. I retired from active service in 1995 and rope from 1996 to 1998. I commanded all U.S. have been president of the Association of the prevention of conflict is the goal. and Allied Bosnia Peace Keeping Forces in Finally, our security revolves around United States Army—Army’s professional 1996; and served as deputy chief of naval op- association—since 1998. Thus, I have been in issues that are political, economic, cultural erations for resources, warfare requirements and military in nature. We have concluded or involved with the Army for over 50 years. and assessments in 1994 to 1996. I am here as the chairman of the Military that the potential effects of climate change National security involves much more Advisory Board for CNA. The Military Advi- warrant serious national attention. As Gen- than just military strength. National secu- sory Board consists of retired three- and eral Sullivan has mentioned, national secu- rity is affected by political, military, cul- four-star flag officers from the Army, Navy, rity and the threat of climate change is real, tural and economic elements. These ele- Air Force, and Marines. and we can either pay for it now, or pay even ments overlap, to one degree or another, and We were charged with looking at the more for it later. every major issue in the international arena emerging phenomenon known as global cli- contains all of them. And climate change has Mr. WARNER. So Mr. President, mate change through the prism of our own an impact on each of them. This will be par- there again we have laid another build- experience, and specifically looking at the ticularly more pronounced in the world’s ing block, bringing to the attention of national security implications of global cli- most volatile regions, where environmental the American people their own security mate change. Having said this, I must admit I came to and natural resource challenges have added here at home, their own armed services the Advisory Board as a skeptic and I am not greatly to the existing political, economic who are called upon to address these sure some of the others didn’t as well. and cultural tensions. The instabilities that problems now and in the coming years. After we listened to leaders of the sci- already exist will create a fertile ground for Now, I have no basis and I will not extremism—and these instabilities are likely entific, business and governmental commu- state that the tragic weather change nities, both I and my colleagues came to to be exacerbated by global climate change. If you look at the Middle East, it has long that hit Burma and is taking tens upon agree that global climate change is and will tens of thousands of lives should be put be a significant threat to our national secu- been a tinder box of conflict. The natural en- rity. The potential destabilizing impacts of vironment of this region is dominated by two in a category now of global climate global climate change include reduced access important natural resources—oil because of change, but I do point out that, at this to fresh water, impaired food production, its abundance, and water because of its scar- very moment, we still have ships and health issues, especially from vector and city. Climate change has the potential to ex- aircraft and men and women of the food-borne diseases, and land loss, flooding acerbate tensions over water as precipitation U.S. Armed Forces offshore ready to and so forth, and the displacement of major patterns decrease, projected to decline as much 60 percent in some areas. This suggests move in with food and supplies and populations. And overall, we view these phe- other things. nomena as related to failed states, growth of even more trouble in a region of fragile gov- ernments and infrastructures and historical Our country, almost alone, is the one terrorism, mass migrations, and greater re- to which the world turns when there is gional and inter-regional instability. animosities among countries and religious The findings of the board are: groups. some sort of a crisis, and it is clear First, projected climate change poses a se- Another challenge of climate change is from the statements of these two pro- rious threat to America’s national security. projected sea level rise. Couple this threat fessionals that many of those crises Potential national threats to the Nation— with a predicted increase in violent storms can be generated by these erratic cli- potential threats to the Nation’s security re- and the threat to coastal regions is real. Not mate changes. quire careful study and prudent planning. only is this a threat to homeland security as a response mechanism, but some of our most Mr. President, I wish to yield the Second, climate change acts as a threat floor at this moment to my other col- multiplier for instability in some of the most critical infrastructure for trade, energy and volatile regions of the world. defense are located on our coasts. A more leagues, but I ask unanimous consent Third, projected climate change will add to concrete example of expected sea level rise to have printed in the RECORD a series tensions even in stable regions of the world. affecting national security and our strategic of recognitions that the three of us Fourth, climate change, national security military installations can be seen in low- want to state with regard to our staffs and energy dependence are a related set of lying islands, such as Diego Garcia, which is and to a number of organizations that global challenges. a critical base of support for our Middle East have come forward, foremost among The recommendations of the board are, operations. Climate change is a ‘‘threat mul- first, that we cannot wait for certainty. In tiplier.’’ them the Pew Center—that was the one this issue, there maybe a lack of certainty These are a few examples of how the ex- that provided us with magnificent for some, but there is certainly no lack of pected effects of climate change can lead to books on this—and many others across challenges. And in our view, failing to act increased stress on populations and in- America that came forward to partici- because a warning isn’t precise would be im- creased strife among countries. We believe pate in what we had hoped to be very prudent. that climate change, national security and extensive debate on this issue. Never- Second, the United States should commit energy dependence are a related set of global theless, they have laid the foundation, to a stronger national and international role challenges. and they will continue to lay a founda- to help stabilize climate changes at levels With my remaining time, I’d like to make which will avoid significant disruption to three observations: tion upon which to build and build, global stability and security, and third, we The first is to highlight that link between until we finally come to grips with a should commit to global partnerships to climate change and energy security. One can framework of the solutions as to how work in that regard. describe our current energy supply as finite this Nation is going to lead and deal

VerDate Aug 31 2005 02:38 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.050 S05JNPT1 smartinez on PROD1PC64 with SENATE S5168 CONGRESSIONAL RECORD — SENATE June 5, 2008 with the inevitable consequences of Mr. LIEBERMAN addressed the The bill we brought forth, the Cli- these climate changes. Chair. mate Security Act, none of us will say There being no objection, the mate- The PRESIDING OFFICER. The Sen- it is perfect. Of course, it is not. I don’t rial was ordered to be printed in the ator from Connecticut. ever remember voting for a perfect RECORD, as follows: Mr. LIEBERMAN. Mr. President, I piece of legislation. But it is very good. Mr. President, my colleagues and I would wish to thank my friend and colleague It creates a framework, a structure not be here today were it not for the incred- from Virginia, Senator WARNER. He is that will allow our country to begin a ible input and support from other distin- an extraordinary man and a great Sen- decades-long effort. This will go dec- guished colleagues in the Senate, as well as ator, and we are going to miss him. I ades and decades to solve this problem. a great deal of organizations and companies wish I could convince him to run again, Future Congresses will come back and that helped shape our bill. but I think it is a little late, probably fix this where it didn’t quite work out First, I would like to thank our esteemed past the filing dates. But he has been cosponsors of the Climate Security Act: Sen- the way we hoped. We have a lot of ators Dole, Coleman, Collins, Casey, Bill Nel- an extraordinary leader in so many mechanisms in here, which we have de- son, Cardin, Klobuchar, and Harkin. Their ways, particularly on matters of na- scribed earlier, to create fail-safes to critical input made the bill what it was. tional security. protect our economy, our environment, I would like to thank all the members of We first worked together when we co- our national security. the Environment and Public Works Com- sponsored the resolution authorizing With all that on the line, I have to mittee, but in particular, Senators Baucus, President Bush 41 to go into the gulf say it is disappointing and frustrating Carper, Lautenberg, Barrasso and Isakson. war in 1991. We served together on the that parliamentary maneuvers and Without their help at critical junctures of Armed Services Committee. I have the legislative process, we would not have concerns about something totally irrel- moved our bill to this point. never met a more patriotic American, evant to this once-in-a-career, once-in- I would be remiss if I did not recognize my a more honorable man, and it meant a-lifetime opportunity to do something dear friends, Senators Bingaman and Spec- everything to this whole effort when to deal with this extraordinary chal- ter, whose bill we borrowed heavily from and Senator WARNER decided he wanted to lenge for our future—that those kinds who highlighted such important issues as be part of the solution to the climate of irrelevant issues are standing in the cost containment and international competi- change problem. way, potentially, of a full debate on tiveness. I often tease him—but it shows the this matter. I thank our friends from the Northeast, strength of this man—that on the two Senators Kerry and Snowe, who had their Tomorrow morning we come to a real times Senator MCCAIN and I introduced own bill that informed our process and who turn in the road. I think the question is adopted the substitute like it was their own, an amendment on the floor to do some- not whether you think this is a perfect not only cosponsoring the amendment, but thing about global warming, Senator bill but whether you think it is a real drumming up support every step of the way. WARNER voted against it. And I was good-faith effort to deal with the prob- I thank my dear friend, Senator Alexander. with him one day when somebody in lem of climate change and whether you While he doesn’t support our bill, he has con- the media said: Why did you change want to say, by your vote, that you be- tributed eloquently to the debate. your mind? And he said: Two words— lieve climate change is a real problem Before I joined my partner Senator science, grandchildren. That says it all Lieberman, he had a different partner. I and a real threat to our future and you must thank Senator McCain, who has been a about this great man. want to be part of a solution to the pioneer on this issue of global climate I appreciate what he has just said. problem. change. Nothing has driven JOHN WARNER’s ca- Some of my colleagues have said to This effort would not have been possible reer in the Senate and his service to me today, I wish to be part of the solu- without my partner and dear friend, Senator America over decades more than his tion to the problem, but I am now Joe Lieberman, and his fine staff, in par- commitment to protect our national blocked from offering amendments. I ticular: David McIntosh, Joe Goffman, and security. And maybe I should add a always said I would vote for the bill if Alex Barron. I must thank Rayanne Bostick, third word—science, grandchildren, na- certain amendments were adopted. who along with Anna Reilly of my staff, tional security—four words—because it helped coordinate so many meetings between That is not literally true. The fact is, myself and the Senator from Connecticut. is his understanding that climate as is the regular order in the Senate, if I must thank our fearless chairman, Sen- change, if we don’t do something about you filed your amendment, as every- ator Boxer and her staff: Bettina Poirier, it, is going to compromise and threaten body was duly notified, by 1 p.m. Erik Olson, Eric Thu. the national security of the American today, and cloture is granted tomor- I thank the members of my own staff who people. row, that amendment will be fully de- worked tirelessly on this bill: Carter This conference we did this morning bated next week and in the days ahead. Cornick, Chris Yianilos, Chelsea Maxwell, with General Sullivan and Admiral But this is a moment to say the Sen- John Frierson, Shari Gruenwald, Sandra Lopez I thought was stunning and stir- ate is prepared, if not this year then Luff, Tack Richardson, Mary Holloway, Hughes Bates, Bronwyn Lance Chester, and ring. These are two people who served soon, to deal with this very real threat Jonathan Murphy. their country in uniform for decades. to our environment, our economy, and There were also a number of organizations There was not a lot of rhetoric there, our national security. and companies whose input was invaluable just stating the facts. One of them What is the rush, some people may to our work. The U.S. Climate Action Part- said—I forget which one; it might have say. Let me quote first from a study by nership members were critical to our efforts. been Admiral Lopez—‘‘The best thing the Environmental Defense Fund that In particular, I highlight: Alcoa, the Pew you can do if you are a military person has found that each 2-year delay in Center on Global Climate Change, Exelon is to prevent conflict, prevent war.’’ starting emissions reductions doubles Corporation, Florida Power and Light, Gen- eral Electric, the National Wildlife Federa- They see this legislation as a way to do the annual rate at which we will need tion, NRG Energy, BP America, DuPont, that. to reduce emissions by 2020 in order to PG&E, and the Environmental Defense Fund. I hope my colleagues consider that. ward off a global catastrophe. Because In addition, we received valuable advice There is so much on the line, with so of the way the climate responds to the from the Nicholas Institute at Duke Univer- much work that has been done by so buildup of greenhouse gases, these sity and the National Commission on Energy many people. I am not just talking gases stay trapped in the atmosphere. Policy. about Senator WARNER and myself and That is the whole problem. Then the If you were one of the numerous witnesses Chairman BOXER, who made all the dif- heat from the Earth, as it bounces up, at one of our full committee or sub- ference in her leadership. Our staffs, so committee hearings, whatever your perspec- cannot go anywhere and it stays there tive was, you informed the debate, and I many people outside the Senate—envi- and you have the greenhouse effect thank you. ronmentalists, business leaders, labor that is clearly warming the planet. Mr. President, the problem with naming leaders, hunters, anglers, leaders in the The truth is, our children and our those who have helped is that you inadvert- faith community—representing the grandchildren are already going to ently leave someone out. I am eternally public will of the American people, face, inevitably, consequences of global grateful for all the input we received. asking us to do something to protect warming. What we are talking about Mr. WARNER. Mr. President, I yield them from global warming and its now is beginning to reduce the green- the floor. worst consequences. house gases, the carbon pollution that

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.051 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5169 causes the globe to warm, so the con- was in satellite pictures taken in 2003. We have come a long way in this sequences that we, our children, our It is 20 percent less than it was in year. I am not ready to give up about grandchildren and succeeding genera- 1979—20 percent of the polar icecaps in the cloture vote tomorrow, but I under- tions of Americans and people all over 2003 had already melted away. stand the realities and I urge my col- the world face are not disastrous or If that doesn’t begin to stir your con- leagues, as they consider how to vote catastrophic, because that is totally cerns enough about what is happening, on it, to see this as your opportunity to within the realm of the possible. Many go over here to the 2007 satellite pic- say—not whether this Climate Secu- scientists say it is not only possible, it ture. Again, the exterior red line is rity Act is a perfect bill but whether is probable, if we do not do anything where the polar icecaps were in 1979. you, No. 1, accept the reality of global soon. So the longer we wait to start re- Look at this. In 5—well, 4 years but warming; No. 2, want to do something ducing this carbon pollution that is let’s say 5 because there are parts of about it and believe that a cap-and- trapped up there, the more sharply we those 2 years—in 5 years, the polar ice- trade system—nobody has come out in will need to reduce them in order to cap has melted away to the point this debate and offered any other way stay within our emissions budget, you where it is 40 percent less now than to do it. As a matter of fact, a lot of might say. what it was in 1979. In 2003, it had lost our most severe critics have said cap Let me add, we have received an 20 percent; in 2007, it has lost 40 per- and trade is actually the way to do it, analysis from an economic modeling cent. but they don’t like this part of the way firm called On Location. They used the I asked the scientific fellow in my of- we have done it or that part of the way model of the Energy Information Ad- fice, Alex Barron—I wish to give him we have done it. We welcome that de- ministration of the Department of En- credit. I said: So this is now raising the bate. But this is a moment to say ergy of the Bush administration on our sea levels? He said no. He taught me a whether you want to do something to Climate Security Act. Their analysis lesson. I was one of those who at col- stop this clear and present danger to asks one simple question: What would lege took a course called Science for the security of the American people or happen if we wait 10 years to enact the Nonscience Majors, so I am still learn- whether you want to continue to fiddle exact same policies that are involved ing. while the globe burns. in the Climate Security Act, the exact He said: No, the ice melts as if it was I yield the floor. same bill, to achieve the same cumu- ice in a glass—it sits as if it was ice in The PRESIDING OFFICER (Mr. NEL- lative emissions reductions scientists a glass. It has air in it, and when it ul- SON of Nebraska). The Senator from say are required to protect the cli- timately melts, because the water is California. mate? The results are striking, unset- warming, the total amount of water Mrs. BOXER. Mr. President, how tling, and I hope motivating for quick will be about the same because this ice much time remains on our side? action. is all in the water, the polar icecap is The PRESIDING OFFICER. The Sen- Here is what this economic modeling in the water. ator has 34 minutes remaining. firm found: That waiting 10 years to But here are two things. One is, the Mrs. BOXER. I would like to speak start on emissions reductions increases fact that the icecap is melting obvi- for about 20 minutes, and then I would the cost of emissions allowances by 15 ously shows something is happening like to yield up to 10 minutes to Sen- percent. Listen to this: It doubles the there, that the warmth is causing it to ator SALAZAR. overall cost of global warming to our melt. But here is the danger. Here is The PRESIDING OFFICER. Without economy. Greenland. There the ice is on land, it objection, it is so ordered. Whatever my colleagues are trying to is not in the water. I have now been Mrs. BOXER. Colleagues, let me tell say about the cost of this innovation- taught, when the polar icecap dimin- you where we are. Your Environment driving, market-based entrepreneurial ishes by 40 percent, the capacity of the and Public Works Committee, for the incentive policy, are they prepared to ice—just like wearing a white shirt—to first time, voted out a landmark bill, double that number through delay? Are reflect the sunlight and reduce the im- the Lieberman-Warner bill. We did that they prepared to saddle the American pact on the temperature diminishes. In after 25 hearings. We had everyone economy and our progeny with the bur- other words, the water warms and come before us. It was extraordinary. den of increasingly severe and essen- warms the entire environment and the From the leading scientists, to State tially irreversible climate impacts? real danger there is that the ice on government officials, to mayors, to Finally, I wish to draw the attention land, in Greenland, will begin to melt. business leaders, to folks who run utili- of my colleagues to this graph, this When that begins to melt—which the ties, to religious leaders, it was ex- chart, this description of what is hap- scientists tell us will surely happen un- traordinary—environmental organiza- pening. In previous debates, we have less we reduce the amount of carbon tions. referred to the summer Arctic ice, the pollution we are putting into the at- We listened and we asked questions polar icecap. When we started in our mosphere—then we are in real danger and we voted. Now, the day that Sen- interest in whether there was global because then sea levels will begin to ator WARNER decided he believed part warming and what its consequences rise—some scientists say with a sud- of his legacy on national security had might be and whether we should do denness that will create catastrophic to include global warming, he stepped something about it, that was in the results. I do not know that. But I can out and he came to me, after he had al- late 1980s and early 1990s. Then-Senator tell you some credible scientists have ready talked to Senator LIEBERMAN, Al Gore, I think, held some of the first told us that. and said: I want to be on this team. He hearings on this subject in 1988. Sen- While the Senate fiddles, the globe said: I will be with you through thick ator KERRY was involved at the time warms. We can have these silly par- and thin. and shortly thereafter. We had to use liamentary debates, and we can get We have had thick and we have had computer models of projections the into side partisan fights about nomina- thin. We have had great moments and way the weather was going to go to see tions, but this process is going on and tough moments. And we are kind of in what was happening and what might getting worse, with potentially cata- a tough moment now because we so happen if we allowed the globe to strophic consequences for the United want to complete work on this bill. It warm. But we now have technology, States of America and particularly, of is going to be a very tough road for us satellite pictures, and real evidence to course, as Greenland would melt, to to be able to do that. show us what impact global warming is the enormous coastal regions of our I went over to my friend, Senator having. It is not a theory anymore, it country. WARNER, and I told him, first of all, is not a computer model anymore. There has been a pattern of human what a joy it has been to work with In earlier debates, these satellite pic- behavior in America over the last cen- him on this because our lives in the tures—this is from 2001—were used. tury. People are moving to the coasts. Senate have kind of taken us in dif- Here is the North Pole at the green It is where they want to be. They and ferent directions. But now, we finally spot. The red line on the outside is their lifestyles are going to be threat- had a chance to work together. You where the polar icecap was in 1979. The ened in the most consequential way un- could not have a better colleague. You white here is where the polar icecap less we do something about that. could not have a more loyal friend.

VerDate Aug 31 2005 02:54 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.053 S05JNPT1 smartinez on PROD1PC64 with SENATE S5170 CONGRESSIONAL RECORD — SENATE June 5, 2008 When he says something, he sticks lucky they did not put Boxer in that Now this did not come from Senator with it. one. They have said gas prices, because WARNER, Senator LIEBERMAN, Senator We have created this troika, a of this bill, are going to go to $8 a gal- BOXER; it did not come from Al Gore; it tripartisan troika, which I think has lon, and this morning, $28 a gallon. did not come from Tony Blair—all of been a very good experience for all of These people are making things up. whom are fighting hard. This came us. I told him, because he has several These people are making things up. from a general with years of experience months remaining in the Senate, that Even the Bush administration, who op- on the battlefield. when he leaves, I hope he will become poses us, said the worst case scenario is We must act now. I think I would a worldwide spokesperson for action in 2 cents a year on the pump for 20 years. like to go to this chart. Waiting 2 years this area. We know because we have done the to act will double the annual rate at There are very few people who bring calculations that the fuel economy bill which we must cut emissions. In other to the table the national security expe- we passed will offset that increase. So words, you have a problem, and the rience and his new knowledge now that this bill brings no increase. Indeed, this longer you wait, the harder it is be- he has absorbed on this issue of global bill will get us off foreign oil, will get cause the carbon goes into the atmos- warming or climate change. I do not us away from big oil. We will have al- phere and stays there. know if he will do that, but if he does ternatives for once, and we will be free. So we get further and further behind. it, I think it is going to make an enor- We will not have to have our Presi- Look at this. A May 2008 study by mous contribution as Senator dent go to Saudi Arabia and hold hands Tufts University economists found that LIEBERMAN and I are here battling with the Prince and beg. This is not the annual costs of not addressing every day with a new President of the necessary if we allow technology to global warming, not addressing it, by United States to try to get something move forward. So I am going to show 2100, could be $422 billion in hurricane done. So I hope he will consider that. you again. This is annoying that I have damage, $360 billion in real estate So many people did help us. Senator to keep doing this, but I think it is im- losses, $141 billion in increased energy WARNER alluded to our staffs. I want to portant. costs. name a few names now. This is just a In the last 7 years, we have seen gas Let me say that again: $141 billion in few of the people: Bettina and Erik of prices go up 250 percent, 82 cents since increased energy costs if we do not do my staff, David and Joe of Senator January—82 cents. something about it; $950 billion in LIEBERMAN’s staff, and Chelsea and My friends are coming down here, water costs. So if we do not act now, it is going to Chris of Senator WARNER’s staff, and and suddenly the opponents of the bill their staffs that report to them. are saying: Watch out, gas prices will cost us. And we have to devise a way, There was extraordinary dedication, rise. When truly, honestly, they have through cap and trade, which I will not sleeplessness, early morning phone not offered anything, in my view, to go into the details of, that essentially calls. To get to this point is so dif- try and resolve the terrible increases says: Those who are the biggest ficult. And not one second has been we have seen until now. So let’s get rid emitters will pay for permits to pol- wasted because as we get this land- of that bogus issue. lute. What do we do with those funds? I mark bill in place, we will take off We are on the precipice. We are on have a chart to show you what we will where we left, and where we left is just the moment. If we do this bill, we will do with those funds. Most of it goes to a tremendous amount of knowledge, so finally have alternatives to oil, and we will get off our addiction to oil, as the the following: tax relief. In the early many of our Senators getting involved. years, we are concerned that we may It has really been a heart-warming ex- President said we should. We will have cellulosic fuel. We will be able to see see energy, electricity costs go up be- perience. fore we get into the energy efficiency That is why it is tough to get to the new kinds of automobiles. We are real- we want. point where we are now because we are ly there right now. Senator SANDERS was eloquent today. There is a plug-in The next big amount is consumer re- ready, ready to finish this job, ready to lief through utilities and State actions. hybrid that can get 150 miles to the work with our friends. But we are That is second. So when our utility gallon. That is all going to happen with going to try to see how many votes we bills start going up, utility companies a bill like this one. I want to thank can get for cloture. We urge our friends have the right to write on that bill also the groups that have worked so and colleagues to please say yes to con- ‘‘credit’’ so we stay whole. tinuing this important topic. hard to help us, the environmental Deficit reduction, that is another big Senator LIEBERMAN, I think by show- groups, the faith-based groups. piece. We wanted it to be deficit neu- I thank right now GEN Gordon Sul- ing these maps and showing us the ice tral. I have to laugh—I think it was livan who came to the press conference melt—by the way, many members of Senator KYL and Senator MCCONNELL that both my colleagues alluded to this our committee, we led a trip to Green- who said this is a tax bill. Let me get morning. I have a copy of his state- land. Imagine. I say to my friends who this squared away. Our bill is a huge ment. Did you place it in the RECORD, might be listening to this, imagine tax cut, huge consumer relief, not a Senator? this. An iceberg that is larger than the penny of a tax increase. Mr. WARNER. Mr. President, I have Senate Chamber, floating, floating to- What else do we do? Workers assist- placed into the RECORD the statement ward the ocean. The average age of this ance. We make sure our workers are of General Sullivan and Admiral Lopez. iceberg, 9,000 years old. Imagine this. trained for new jobs. Local government Mrs. BOXER. I would think that Gen- Average age, 9,000 years old. Within 1 action, they are going to do something. eral Sullivan’s credentials are impec- year, that iceberg will be nothing but For example, if they are going to take cable. He said: Yes, climate change and water. And we know what that means. their offices and make them energy ef- national security and energy independ- Seas will rise. It is happening faster ficient, we want to help them. ence are all interrelated. Simply hop- than we thought. Low-carbon technology and effi- ing that these relationships will re- When we have this debate, our oppo- ciency, we know what that means. We main static is not acceptable, given our nents come down, and they do not talk know the low-carbon energy sources training and experience as military about climate change. They do not talk are going to get funds. about it. They haven’t challenged us on leaders. Agricultural resources and forestry And then he says: Because, as you our basic premise that we have a prob- are going to get funds. National secu- know, we have been told that the sci- lem. They switch the topic to what I rity and international are going to get entists have 90 percent certainty. He think is a made-up topic. And it is sad funds. Transition assistance to addresses that at the end. because the Senate deserves more than emitters. In other words, we say to He says: that. those who pollute, those who emit: You I don’t know how many times I have In conclusion, you never have 100 percent certainty on the battlefield. We never have are going to have to buy permits. But said it, but I have to say it again be- it. If you wait until you have 100 percent cer- in the beginning, we help them with cause there is a big advertising cam- tainty, something terrible is going to hap- that. paign against what is called the pen. As such, now is the time to act on the So, look, about more than half of this Lieberman-Warner bill. I suppose I am critical issue of climate change. goes straight back to the consumers

VerDate Aug 31 2005 02:54 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.055 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5171 and the other parts go to technology. I reserve the remainder of my time the arid West where that same story That is what this bill does. and turn now to Senator SALAZAR. I could be told. Why are the opponents of this bill thank my colleagues all. There are seven States that share the afraid to have a debate? I do not under- The PRESIDING OFFICER (Ms. water of the Colorado River. Much of stand it. At first we heard they wanted KLOBUCHAR). The Senator from Colo- that water is born in my State of Colo- the debate because they believed they rado. rado, as the mother of many rivers, in- could defeat us if they talked about Mr. SALAZAR. Madam President, let cluding the Colorado River, and places how this bill would result in higher gas me acknowledge the great work of such as Wyoming and Utah. As those prices. Chairman BOXER and my good friends seven States, with a population of 30 Frankly, between Senator WARNER, and colleagues, Senators WARNER and million people, depend on the flow of Senator LIEBERMAN, Senator SNOWE, LIEBERMAN. They were two members of water on the Colorado River, we are myself, Senator KERRY, the Senators the Gang of 14 who brought the Senate seeing challenges there that we have who have been on the floor, I think we back from the brink of disaster, now never seen before. The flows in the Col- definitely debunked that point. We said almost 2 years ago. I admire them as orado River for the last several years it is a humpty-dumpty argument. We good friends and as people who have have been at an all-time low over the are right on the precipice of getting off helped lead us out of difficult times. last 100 years because of the record of foreign oil and big oil. We are on the Senator BOXER from California is un- drought we are seeing on the Colorado precipice of these new technologies equaled in terms of her passion for our River. Lake Mead, which is one of the with this bill. planet and environment. I appreciate controlling vessels on which we depend We are on the precipice of moving to- the thoughtfulness, the bipartisan ap- to regulate the flow of water on the ward energy independence finally. We proach they have taken to deal with Colorado River, will never fill again. have been talking about it since I was what is truly one of the central issues That is what the scientists are telling a much younger person, and now, fi- of our time. us today. nally, we can do it. And what happens. I want to spend a few minutes, as we So as we look at the reality of water We have to cut the debate short when come to the end of our debate on global across the West, it is impressive that we are ready to get the job done. warming, to say how important this organizations that are not Democratic Well, this is a national security issue is for me. When I get up in the or left leaning or so-called environ- issue. It is a religious and moral issue. morning and I think of my job as a mental organizations are coming to me This is an issue of tremendous import Senator, I think about the major issues and saying: You need to do something for our grandchildren, for our children. we face around the world. We face about global warming. You and the This issue strikes me as one that is a issues of war and peace and how we Congress and the new President have win-win for everyone because when you have to deal with terrorism. We face to do something about the issue of address global warming and you save the issue of how we deal with energy global warming. the planet, which is what we must do, independence. Many of us here have The ski industry in Colorado, in we finally have the impetus to get to joined in a bipartisan effort, progres- places from Vail to Aspen to Steam- that energy independence. We finally sives and conservatives together, an ef- boat, is saying: We are concerned about have the impetus to say, you know, we fort we describe as ‘‘setting America global warming because the snow that can be controlling, we can be control- free.’’ We know the huge issue of is the essence of our having the best ling of our own future. It is a great pic- health care which confounds and con- ski programs in the entire world is in ture for our children to see. fronts so many people. But among danger. The water users, the Denver I honestly think if we do nothing, we those issues, which are the greatest of Water Board, the Northern Water Con- will be on the wrong side of history. I our time, is the reality that we are fry- servancy District, the Southwest want to say to my friends in State gov- ing our planet, as many people have Water Conservancy District, are telling ernment, from the east coast to the said. We have not developed a frame- us we need to do something about west coast to the middle of America, work to move forward to make sure we water. keep up what you are doing. You are save our planet, that we save civiliza- I believe global warming has a lot of doing the right thing. You can’t wait tion for our children and grand- different consequences, if it goes for us. It may not happen today, but we children. The world they know, the unaddressed. I am hopeful this Senate are catching up with you. planet they will know in 2050 and 2100, will have the courage to move forward I say to my friends at the Conference when none of us are here, will be the and address the reality of global warm- of Mayors, Republicans and Democrats kind of planet where we have preserved ing. There is a connection here to our and Independents who support this bill: what we know as God’s creation on planetary security, but also to our na- Thank you for your support. Keep on Earth. tional security in terms of energy. I doing what you are doing. You are in The importance of this issue is un- agree there are some good things we the leadership. You are on the ground. paralleled. It is something I believe we have already done as a Senate in a bi- We are coming soon. We have two Pres- should be able to move forward with. partisan way, under the leadership of idential candidates who care about this I want to illustrate this in a couple Senators BINGAMAN and DOMENICI, with issue. When one of them gets to the of different ways. First, with respect to passage of the 2005 act and the 2006 En- White House, they will be here negoti- water, for the State of Colorado and ergy bill and, most recently, with pas- ating with us. That is going to make a the arid West—and I know in the State sage of the 2007 Energy Independence big difference, that is for sure. of the former Presiding Officer, Ne- and Security Act. The CAFE standards I want to close by showing a great braska, because we share the South we included in that bill alone will save chart that says ‘‘Yes.’’ This is the mo- Platte River and its waters—we know huge amounts of consumption of fossil ment for us to say yes to energy inde- the importance of water. Water is the fuels and will save us from emitting pendence, yes to our children, yes to lifeblood of the West. Without water, thousands upon thousands of tons of the science, yes to a diversified energy we know communities and fields will carbon into the atmosphere. Those are future, yes to American manufac- dry up and die. We have seen that hap- good things that we have done, but our turing, yes to saving the planet, yes to pen in many cases around the West. work is far from finished. We must do consumer protection, yes to new tech- This is a picture of a place in eastern more. nologies, yes to a strong economy, yes Colorado where we have had severe The way of doing more is by making to State and local action, yes to public drought over the last 7 years. You see sure that we put a cap on carbon in the health, yes to tax relief, yes to transit, what happens to what would have been United States. Some people say: How yes to a level playing field, and yes to a great crop of corn which a farmer can you do that in the United States, American leadership—there are a lot of planted, knowing that he would har- because you can’t control China and yeses on here—and, of course, yes on vest this crop of corn at some point in the fact that they are building a coal- the cloture petition which will allow us time. But because of severe droughts fired powerplant, one a week, or you to get to the substitute and get to the we have had on the eastern plains, this can’t control what is happening in bill. field died. There are so many places in India? But there is a reality for us as

VerDate Aug 31 2005 02:54 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.056 S05JNPT1 smartinez on PROD1PC64 with SENATE S5172 CONGRESSIONAL RECORD — SENATE June 5, 2008 Americans: We must lead. We must issue of global warming, and we save thank you for everything you have have the courage to take the first steps our planet and civilization. done. We are going to keep you in this so that then the rest of the world will I yield the floor and reserve the re- fight next year. We are going to figure be able to follow us, so we can address mainder of my time. out a way to do it. the issue of global warming in an effec- The PRESIDING OFFICER. There is I also thank Senator SALAZAR. tive way. 6 minutes remaining. Mr. WARNER. Madam President, I I don’t believe this bill is a perfect Mr. WARNER. Madam President, I say to the Senator, you are the chair- bill. I have four or five very important wonder if I might take 3 and my distin- man of the subcommittee. Senator amendments I want to be considered. I guished colleague from Connecticut, BOXER is chairman of the full com- could not vote for this bill as it is cur- the senior partner of this partnership, mittee. rently structured, because there are would have the final few words to say. Mr. LIEBERMAN. Yes. improvements that have to be made. I thank our colleague from Colorado. Mr. WARNER. I am the ranking member of the subcommittee. But that is the nature of the legislative How much I have enjoyed, through the Mr. LIEBERMAN. Only in name. I years he has been here, how he has process. I would like to have the oppor- consider you to be the person who stopped at every opportunity to talk tunity to have my colleagues join us in made it possible for us to get where we about the land, the farm that is in his a debate so we could improve upon this are. bill and make it much better. I will family, and his love for the land and Madam President, I thank Senator the outdoors. He speaks from the cite three areas where I believe we need SALAZAR for his statement. I think it to make improvements on this legisla- standpoint that he has tended that perfectly summed up the decision that tion. I have others. land and loves it. He wants to preserve our colleagues in the Senate are going The first is renewable energy. I do that land for future generations. I com- to have tomorrow on the vote on clo- not believe the allocation tables in- mend him. ture, because Senator SALAZAR said it: cluded in the Boxer substitute are the This debate has laid strong building This is a problem. He showed us the allocation tables that are appro- blocks for the future. We have worked concerns he has about the land and priately supportive of a renewable en- our way through the issues of the water of his beloved State of Colorado ergy future. I have seen a renewable science. We have worked our way and the impact of global warming on energy revolution taking place in Colo- through how national security is those necessary-to-life, fundamental- rado over the last 3 years, where we are linked to this subject. We have worked to-life elements in Colorado. now generating over 1,000 megawatts of our way through the fact that tech- He also said he basically thinks this electric power from wind, harnessing nology must be encouraged in every is a good-faith approach. He likes the the power of the Sun, doing things with possible way to accommodate the cap- basic architecture of our bill. But he biofuels we have never done before. I ture, transportation, and eventual se- has a lot of things he would like to am proud of what is going on in Colo- questration of CO2, this greenhouse gas change about it to make it better. But rado. I would like to see those alloca- that is affecting the atmosphere. That he is going to vote for cloture tomor- tion tables changed so we put a much technology needs a known, dedicated, row because he does not want to end greater emphasis on renewable energy. constant—underline ‘‘constant’’— the debate. He knows all the amend- Secondly, coal for us, in many stream of funding. Whatever global cli- ments filed, as is our rule, prior to 1 States, including the West, is very mate exchange comes up, eventually p.m. today will come up for debate. much what oil is to Saudi Arabia. We the Congress of the United States must They are presumably subject to second- have vast amounts of coal, not only in put in a clear understanding that we degree amendments as the debate goes my State but obviously to the north in are going to fund and have that fund- on. He does not want the debate to end. Wyoming and Montana. I believe there ing stream go to provide for the needs If it ends tomorrow, he wants his last is a future for clean coal technologies of the technology to come up with the statement this year, by his vote tomor- through the methods of carbon capture answer to this question. Our several row, to be that he wants to be part of and sequestration. Yet it is money that States—another building block—each a solution to the carbon pollution that has kept us from moving forward with of the States, in its own individual is warming our globe and a lot of us be- a demonstration of those projects. way, is doing things. We commend lieve is endangering the future of our That technology shows great promise. them. But the United States must step country, our people, and the people of It is my hope that we could amend this up and lead. the world. legislation to move forward with car- Lastly, we must devise clearly a pol- So this is a big problem that requires bon capture and sequestration in a icy toward other nations in the world— a big solution. I hate to see it get more effective way. nations we trade with, nations we oth- stopped by small worries. We are here Finally, I do not agree that there is erwise have relationships with. We are to legislate. We are here to debate. We sufficient recognition of the contribu- all in this together. Sharing of the are here to amend. The body can work its will. If you do not think this is a tion that farmers and ranchers can hardships must be common among perfect measure, come on out and make with their bioproducts. It is those nations. We cannot ask the citi- make it better. The only way you are those products that end up consuming zens of our Nation to accept a level of going to be able to do that is by voting the very carbon dioxide we are now sacrifice greater than that which would emitting into the atmosphere. We need for cloture tomorrow. be accepted by other leading nations of I thank the Chair and yield the floor. to offer amendments with respect to the world. The PRESIDING OFFICER. The Sen- the agricultural offsets that are in- I am very proud of what has been ator from Kentucky. cluded in this bill to make them a done. I am humble to have had a small Mr. BUNNING. Madam President, I much more effective way of helping us part in laying this foundation. ask unanimous consent that the speak- address the carbon problem we have. I yield the floor to my colleague. ers during this hour controlled by Sen- Let me conclude by saying to my col- The PRESIDING OFFICER. The Sen- ator INHOFE be the following: Senator leagues once again: I have the utmost ator from Connecticut. BUNNING, Senator VITTER, Senator and greatest respect for my leaders and Mr. LIEBERMAN. Madam President, CORKER, Senator SESSIONS, Senator my role models—JOHN WARNER, JOE again, I thank my friend from Virginia. DOMENICI, and Senator INHOFE. LIEBERMAN, BARBARA BOXER—for the I get a kick out of him calling me his The PRESIDING OFFICER. Without work they have done, for having senior colleague on this matter. We are objection, it is so ordered. brought us to this point on this legisla- at least equal. I say to my colleague, I The Senator from Kentucky. tion. If given the opportunity, and if consider you to be the leader because Mrs. BOXER. Madam President, we can have a robust debate on the without your decision to be part of the please, this is a parliamentary inquiry floor of the Senate on global warming, effort to come up with a solution to and not to be taken away from the we can make this bill a much better this problem, this bill would not have time of my friends. I just found out bill. We can put the United States in a moved out of committee. It is the first when we did our unanimous consent re- position of leadership where we address time ever that has happened. So I quest it was not clarified that fol- the issue of carbon, we address the thank you for your strong words. I lowing the Republican side, Senator

VerDate Aug 31 2005 02:54 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.058 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5173 BOXER or her designee would have 5 the climate change would be seven one- enough, it only gets worse. Based on minutes, followed by Senator INHOFE or hundredths of 1 degree Celsius cooler in several studies, nearly 4 million Ameri- his designee to have 5 minutes. 20 years. Such a small change occurs cans will lose their jobs because of this The PRESIDING OFFICER. Without naturally all the time. From Sun spots legislation. A cap-and-trade program objection, it is so ordered. to forest fires to volcanic activity, na- would force many industries, such as Mrs. BOXER. Thank you. ture does much more on its own day to steel, automotive, aluminum, cement, Mr. INHOFE. Very good. day. and others, to take their jobs to other Then, Madam President, one thing So what is the point of the climate countries where energy costs are lower further: The Senator from Kentucky change bill? The Democrats in Con- and environmental regulations are did not mention the times. I want to gress want you to pay more for energy looser. make sure all of our speakers on our so you drive less, buy smaller cars, and Let’s look at the airlines as an exam- side know we are going to hold them to use less electricity. They are telling ple of what could happen to American the times because we have more speak- Americans they know better and want jobs because of this bill. Based on cur- ers than we have time. Thank you. the Government to manage their rent projections, the airline industry The PRESIDING OFFICER. Is there money for the good of the environ- expects to pay $62 billion for jet fuel in objection to the request from the Sen- ment. 2008. That is $20 billion more than they ator from Kentucky? This bill would raise $5.6 trillion for paid last year, or about a 50-percent in- Without objection, it is so ordered. the Government over the next 40 years. crease. The Senator from Kentucky. Let me say that again: $5.6 trillion. Let’s look at this chart I have in the Mr. BUNNING. Thank you, Madam This money does not magically appear Chamber. In response to this price President. in the Government coffers; it comes shift, eight airlines have gone com- I am here on the floor today because out of your pockets. The supporters of pletely out of business in the last 6 this mandatory cap-and-trade bill rep- this bill will try to tell you it comes months and another is operating in resents the greatest threat to the from oil companies, utilities, or any bankruptcy. Eight are out of business. American economy I have seen since number of other people. But they are Thirty cities lose service, and 9,000 jobs my fellow Kentuckians first elected me just straw men. That is not how our are eliminated. To make it worse, the to represent them in 1986. We have had economy works. American consumers Democrats in Congress have stopped ef- 30 years to address the energy crisis in are going to get stuck with this bill. It forts to address this crisis in the air- America. In 1974, we got the first shot means natural gas prices doubling. It line industry. across the bow, and the balance of means gasoline prices 30 to 40 percent I have proposed incentives for coal- power in the world shifted from the oil higher—and it costs $4 a gallon for reg- to-jet-fuel facilities that would produce consumers to the oil producers. We ular unleaded gasoline today—than clean-burning aviation fuel with car- looked at domestic production and al- they would have been. It means elec- bon capture technology at less than ternative fuels. But when the crash in tric costs between 40 and 120 percent half of the current cost of oil: $65 a bar- the 1980s came, so did our investment more. rel. If we had invested in alternative in future sources. In my home State of Kentucky, the jet fuel technology, maybe we could But what is the biggest achievement average family will spend $324 more for have saved the thousands of jobs that of this Congress? Stopping 70,000 bar- electricity every year, $133 more for are now in jeopardy. rels of oil from going into the Strategic natural gas, and $397 more for their Think about what you would feel if gasoline. That is per year. So I want Petroleum Reserve. We could have had you were laid off because of high oil everyone in America to take a look at a million barrels a day right now from prices or if you had to choose between your last month’s bills. Can you afford Alaska if President Bill Clinton had the grocery store and filling your truck to double your natural gas bills, add a signed our legislation to open ANWR in with gasoline. Now imagine your con- dollar for every gallon of gasoline you 1995. gressional representative deliberately buy, and add $50 to the average elec- What about the need for clean nu- voted to make things worse. It is not tricity bill? Many of us cannot do it. clear energy? Thanks to the majority just about American jobs and dollars Now, think about paying that money leader and environmental groups, we and cents. America could bring its every month, every year, for the next have spent decades working on Yucca greenhouse gas emissions to zero and it 40 years. That is your share of the $5.6 Mountain and still do not have the would not reverse the growth in world- trillion Uncle Sam will take because of waste reserve we need for a strong nu- wide emissions, thanks to rapid expan- this legislation. sion in China and India and other de- clear energy industry. What will happen to all of the money The last thing America needs today veloping countries. you send to us here in Washington? The PRESIDING OFFICER. The Sen- is another energy mistake. Under this bill, there is a $5.6 trillion ator is notified that he has used 10 The reason this climate change legis- cost over 40 years, and the Government minutes. lation is on the floor today is simple: It will spend it on new programs, $566 bil- Mr. BUNNING. Madam President, I is fear. The Democrats in Congress lion to the States—back to all 50 ask unanimous consent for 3 more min- want you to be afraid. They want you States—$237 billion for wildlife, $342 utes. to be afraid that manmade emissions billion to foreign countries—figure Mr. INHOFE. Madam President, I will cause massive hurricanes, raise sea that one out. I cannot. have to object. levels, prolong droughts, and kill off Let me make it clear: Democrats and I am going to object, as I said earlier, endangered species. the environmentalists are trying to to any of our speakers going over be- I am not standing here telling you we scare Americans into adopting legisla- cause they would be doing that at the should not protect the environment or tion that will take money out of their expense of those who have not had a that manmade carbon emissions have pockets to pay for new Government chance to speak. So let me renew that not increased. I am telling you that programs that could decrease global unanimous consent request, that the carbon emissions are a function of eco- thermal temperatures by seven one- times for the next speakers will be Sen- nomic growth and technology. It hundredths of 1 degree over 20 years. ator VITTER for 10 minutes, Senator means jobs, cars, and energy. When I And these changes are only estimates. CORKER for 10 minutes, Senator SES- look at these emissions, I do not know They are not backed by conclusive evi- SIONS for 5 minutes, Senator DOMENICI what role they play in overall climate dence. Respected scientists disagree for 15 minutes, Senator INHOFE for 10 change relative to other natural effects about the true effect increased emis- minutes, then Senator BOXER for 5 such as solar radiation. sions will have in coming decades. Just minutes, and Senator INHOFE for 5 min- For a minute, let’s say the carbon 20 years ago, some of these same sci- utes. issue needs immediate action. What entists came to the Capitol warning us The PRESIDING OFFICER. Without will we get from passing this legisla- of an ice age. Can you believe that? objection, it is so ordered. tion? If all the world’s industrial na- Twenty years ago. Before the Senator from Louisiana tions were to completely comply with If this tax-and-spend plan based on speaks, the Chair wishes to make an familiar or similar ambitious goals, incomplete science does not sound bad announcement.

VerDate Aug 31 2005 02:54 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.059 S05JNPT1 smartinez on PROD1PC64 with SENATE S5174 CONGRESSIONAL RECORD — SENATE June 5, 2008 CONGRESSIONAL BUDGET FOR cloture vote tomorrow morning before priorities, such as LIHEAP and the THE UNITED STATES GOVERN- a single amendment is called up on the Highway thrust Fund and the Adam MENT FOR FISCAL YEAR 2009— floor to be debated, before there is any Walsh Act, would also get guaranteed CONFERENCE REPORT opportunity—any security—for amend- funding. That is a significant and im- The PRESIDING OFFICER. The Sen- ments to be considered, at least unless portant amendment that should be ate having received a message from the they have the majority leader’s acqui- part of this debate. escence and support. My second amendment would discuss House of Representatives, the House electricity prices, particularly natural has agreed to the conference report to I would have called up at least three amendments. These three amendments gas, and it would say that if natural accompany Senate Con. Res. 70. The gas demand went up, if the price went vote of the Senate taken on June 4, go to the heart of my concerns about the legislation. When I look at vir- up because of this bill, then again it 2008, with respect to this matter, is would pull a trigger and allow that ex- ratified. tually all legislation, I look at the costs of the legislation and the bene- ploration and production on our ocean f fits, and I ask: Do the benefits out- bottoms off our coasts under the same conditions that I outlined with regard CONSUMERS FIRST ENERGY ACT weigh the costs. In this case, I believe the costs are very severe. First, costs to host States. OF 2008—MOTION TO PROCEED— Finally, my third amendment would Continued relating to gasoline. The Louisianans whom I represent, as Americans are all address the significant jobs cost that The PRESIDING OFFICER. The Sen- over the country, are struggling under this bill presents. Natural gas-inten- sive sectors of our manufacturing in- ator from Louisiana is recognized. the weight of enormously high gasoline dustry would be particularly hard hit Mr. VITTER. Madam President, I rise prices right now. They have risen from by this bill. So my amendment, had I to discuss this very important climate about $2.33 when this Congress came been allowed to present it, would have change legislation and amendments I into office, to almost $4 at the pump would have brought to the Senate floor said that we will have annual reports now. Yet this bill could increase that describing whether this bill would dis- for consideration. Now, unfortunately, burden significantly by as much as a I said ‘‘would have brought’’ because place more than 5,000 employees in nat- dollar a gallon. That is a big cost. ural gas-intensive sectors of the manu- this entire process has been short- I also look at the cost of other en- facturing industry such as the fer- circuited, cut off, blocked by the ac- ergy prices: natural gas prices, elec- tions of the distinguished majority tilizer industry, the pharmaceutical in- tricity prices. Again, that is a big addi- dustry, the chemical industry. If that leader. I find that very regrettable. tional cost this bill would be putting Whatever side of the debate we are happened, if we went over that thresh- on American citizens. old, then the EPA Administrator, in on, whatever we think about this bill, Finally, I look at the cost of shipping it is beyond debate that this is enor- consultation with the Secretary of more jobs overseas, because this bill Labor, would have to increase the num- mously significant legislation that would put dramatic onerous controls would have dramatic impacts on our ber of allowances necessary to preserve on American industry, American busi- those jobs. economy. I believe it is the most sig- nesses, and American jobs, but Those are important topics in this nificant bill that would have the most wouldn’t do anything comparable with debate. Yet they were completely shut drastic and dramatic impacts on our regard to jobs overseas, including out from consideration on the Senate economy of any since I have come to China and India. Those are big costs. floor. Once again, I have enormous re- the Senate, which has only been about The benefit? Well, the benefit, I be- gret and concern for this body based on 3 years, but we have considered a lot of lieve, would be slim to none because of the precedent the distinguished major- bills. Yet we are operating, apparently, the factors I have mentioned, because ity leader has set. This is an enor- under a procedure now where not one of what this bill would do to burden mously important topic and bill, yet amendment will be considered before our industry, our companies, our jobs. not allowing a single amendment to be the significant cloture vote tomorrow Those jobs would be pushed overseas, called up and considered before our morning. The distinguished majority largely to countries without these con- vote on cloture tomorrow morning, and leader has filled the amendment tree, trols—to countries that would not filling the amendment tree so not a so not a single amendment could ever change their policies, that would not single amendment could ever be con- be considered without his acquiescence follow our lead, particularly China and sidered without the acquiescence and and consent. That is flat out ludicrous. India. support of the majority leader himself. That is flat out offensive. So what would we do with regard to As I said a few minutes ago, Al Gore I came to the Senate from the House. the global issue of climate change? It is talked about an inconvenient truth. I In doing so, I heard from so many dif- certainly global and not localized. We believe the majority leader is con- ferent sources so many stories, so would be accomplishing virtually noth- cerned about an inconvenient debate, many examples of how the Senate is a ing. inconvenient amendments, but that is place of great unlimited debate; the My amendments, had I been allowed exactly what the American people de- ability to bring ideas and amendments to offer them, would have addressed serve: a full and fair debate and consid- to the Senate floor on the big issues of these onerous costs. First, I would have eration of amendments. the day, in contrast to the House. Un- presented an amendment that said if With that, I yield the floor. fortunately, our distinguished majority the price of gasoline at the pump Mr. INHOFE. Madam President, I leader has turned that on its head. He reaches $5 a gallon—forget about $4 think it is very clear. Our speakers— has made that exactly the reverse, where we are already—if it reaches $5 a myself included—all we are asking for where debate is completely shut down, gallon, then we would allow explo- is to debate our amendments and get where we have no amendments possible ration and activity on our ocean bot- votes on our amendments. I now yield to Senator CORKER from to be considered before the cloture vote toms off our coasts, but only under two Tennessee 10 minutes. on the most dramatic and significant conditions: first, if the host State off The PRESIDING OFFICER. The Sen- bill to impact our economy that I have whose coast that activity would hap- ator from Tennessee is recognized. been able to consider here in the Sen- pen would want the activity; the Gov- Mr. CORKER. Madam President, if ate. That is ludicrous. ernor and the State legislature of that the Chair could let me know when On this topic, former Vice President State would say yes, we want this ac- there is 2 minutes left on my time, I Al Gore made a very famous movie: tivity off our coast, we want to help would appreciate it. ‘‘An Inconvenient Truth.’’ I ask what meet the Nation’s energy needs. Sec- The PRESIDING OFFICER. The Sen- the distinguished majority leader is ondly, if that happened, that State ator will be so notified. afraid of. Why not have a full debate. would get a fair revenue share—37.5 Mr. CORKER. Madam President, He seems to be concerned about an in- percent—building off the precedent we thank you very much for the oppor- convenient debate or a series of incon- set 2 years ago with revenue sharing in tunity to rise and speak about the Cli- venient amendments. Again, I express the Gulf of Mexico; and important Fed- mate Security Act. I think all of us re- extreme regret that we are having a eral programs and important Federal alize what is getting ready to happen.

VerDate Aug 31 2005 02:54 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.061 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5175 Unfortunately, in the morning, there This bill is going to fail because it has dollars but also giving trillions of dol- will be a cloture vote and obviously the serious flaws. Again, the process we lars away to people—by the way, this is bill will not have the votes for cloture went through to get to this point is one the best part—— and it will fail. Hopefully, we will re- that is so inappropriate. Typically, The PRESIDING OFFICER. The Sen- turn to a debate on the bill. I think the when you have a portion of a bill, for ator has 2 minutes remaining. likelihood of that is very low. instance, that relates to money, it goes Mr. CORKER. That has nothing I wish to say that as one Senator who to the Finance Committee. Typically, whatsoever to do with emitting carbon. has spent a tremendous amount of time when you have a portion that relates to I have no idea why that is done. on this issue, I am extremely dis- energy, it goes to the Energy Com- Thirdly—and maybe most offensive— appointed in the process we have fol- mittee. That didn’t happen. Most peo- this bill sets in place something called lowed as it relates to this most impor- ple on the EPW Committee itself can- international offsets. Others have tant piece of legislation. Yesterday at didly—as a matter of fact, almost talked about the burden on U.S. com- about 11:15, a 492-page amendment was every Member didn’t even see this mas- panies competing here if this bill is placed on the desk—492 pages. It is 150 sive bill until it came to the floor yes- passed. This bill doesn’t just create pages longer than the original bill. Yet terday. However, that is not even the those burdens, which I acknowledge; it tomorrow we have a cloture vote. I reason it is going to fail. That is reason also pays them by allowing them to in- would say that almost no Senator in enough, but this bill has serious flaws. vest more inexpensively in other coun- this building has had the chance to We have tried to point that out from tries. I find that reprehensible, and I fully read this bill as it now is. So day one. We have been totally trans- cannot imagine why any process such again, the cloture vote will fail tomor- parent in the process. We have met as that would be part of this bill. row at about 9 o’clock. with environmental groups that have Most importantly, though these I got up this morning and I turned on been so involved in pushing this legis- three flaws exist, no doubt, this bill the coffee pot early. I read the paper. I lation; we met with their boards and doesn’t include an energy title to cause rode the elevator down and ran on the pointed out along the way the three se- our country to be energy secure. I Mall and came back, got dressed, got in rious flaws we have seen in the bill. think we have missed a tremendous op- my car and came to work here, and I Other Senators have wonderful con- portunity at a time when people have a realized that every single process I had tributions to make to the bill, includ- passion about dealing with the climate gone through this morning in some ing Senators DOMENICI, INHOFE, BINGA- in our country. Americans are feeling form or fashion would be affected by MAN, and others; they have tremendous vulnerable, as they should, as it relates this bill if it were to pass. This is one contributions to make. to energy. I think we have missed a of the most important pieces of legisla- Let me mention the three flaws we tremendous opportunity to bring those tion we have ever debated in this Sen- have talked about before. No. 1, the two groups together and solve, once ate Chamber. The fact that we have al- proponents of the bill, whom I respect and for all, the problems that exist in lowed such little time for debate, to tremendously—and I believe their our country in a meaningful way. me, is a tremendous disappointment. hearts are in the right place—I thank I came to the Senate to work on the I know many proponents of this bill them and their staffs for the work they big issues of our country. I am very will say that those who vote against have done on this bill because I know disappointed that we will leave tomor- cloture tomorrow will vote against clo- they spent a lot of time. Unfortu- row having accomplished nothing, hav- ture because they do not care about nately, the politics of climate change ing accomplished nothing as it relates climate change; they do not care about itself and of solving the environmental to climate, nothing as it relates to en- climate security. I can tell my col- problem was not good enough. Instead, ergy security, and nothing to ensure leagues that in my case, nothing could the proponents had to take trillions of that generations who come after us be further from the truth. Over a year dollars in the Treasury and then pre- will have a better way of living. ago, I spent time with JEFF BINGAMAN prescribe through the year 2047—and With that, I will close by saying I in Brussels, Paris, and London, meet- then 3 years after in a different way— hope in the very near future we will ing with carbon traders, meeting with how the money was going to be spent. put aside our differences, and I hope members of the European Commission, We haven’t had a bill such as this since this cloture vote tomorrow will not meeting with utilities, meeting with Medicare or Social Security. I don’t lock people into places they don’t want cement manufacturers, meeting with think we have done something this per- to be, to show romance, if you will, as everybody who had a stake in what oc- vasive that affects everybody in Amer- it relates to the issue. curred in Europe when they put this ica on a daily basis. Instead of just fo- I hope that over the course of the process in place. cusing on the policy and letting the next few months, we will be able to This last July, with a group of Sen- policy of cap and trade work as a po- come together and do something that ators led by Senator BOXER from Cali- tential market system, this bill had to is appropriate for the American people. fornia, I went to Greenland and saw be turned into a huge spending bill on I yield the floor. firsthand the poster child, if you will, the backs of the American people, driv- The PRESIDING OFFICER. The Sen- of what we have all been talking about. ing up energy prices, driving up food ator from Alabama is recognized. I met with Danish scientists. I met prices, driving up clothing prices. In- Mr. SESSIONS. Madam President, with scientists from our country. I stead of returning that money to the what is the time agreement? have read tremendously about this American people, the proponents de- The PRESIDING OFFICER. The Sen- issue throughout the years. Every time cided to spend every penny—almost—of ator is allocated 5 minutes. I have read a book or a magazine that the money taken in. Mr. SESSIONS. I thank the Chair. was a proponent, I read one that was an The second thing is, marketable se- Madam President, I appreciate Sen- opponent, if you will. curities, as everybody knows, are cre- ator CORKER for his hard work and I have gotten both sides of this issue. ated the day this auction process be- bringing his capable mind to this in- Our staff has spent inordinate amounts gins. Those marketable securities are credibly complex piece of legislation. of time on this. We have offered called carbon allowances. They are He has been able to explain, in simple amendments. I have actually sent a transferred to people in this bill. It is a language, some of the fundamental letter to every single Senator in this transference of wealth. It would be like flaws that exist. I also agree with him, Chamber with detailed amendments if I had 10 shares of IBM stock and my having traveled my State hard in the and the background and the reason we good friend, JEFF SESSIONS, was over last month or two and talking to a lot were offering them. I have never on here, and I said, JEFF, I am going to of people who are concerned about gas this Senate floor used any degree of give you these 10 shares of IBM stock; prices. They want us to do something. demagoguery to talk about this issue. I they are worth money and are market- My belief, and what I have said for have only spoken about the facts of the able. He can sell them that day. The some time now, is let’s get busy and policies we are debating. policy of focusing on climate wasn’t let’s do the things that work. Let’s not The reason this bill is going to fail enough. This bill had to take the extra make a mistake and take wrong steps. tomorrow is not because of the process. step of not just spending trillions of Let’s do things that work.

VerDate Aug 31 2005 05:57 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.062 S05JNPT1 smartinez on PROD1PC64 with SENATE S5176 CONGRESSIONAL RECORD — SENATE June 5, 2008 We need to accelerate biofuels. We DOMENICI, our fabulous leader for so mention again, the bill specifically have seen progress with wind, and many years on these issues. says they are not property rights. Why maybe more could be made there. Solar The PRESIDING OFFICER. The Sen- do you pay for them? If you pay for is not right and hasn’t proven itself as ator from New Mexico is recognized. them, you think you own them. If you a major source yet, but maybe we can Mr. DOMENICI. Madam President, I don’t own them, they are worth noth- see that. And there are fuel cells and ask that you advise me when I have 3 ing because anybody can do what they hydrogen. A lot of things are possible. minutes remaining. like with them if they are in a position This past week, I visited a Mercedes The PRESIDING OFFICER. The of authority and you receive nothing. plant in Alabama that has a diesel en- Chair will do so. If you try to sell them and an adminis- gine that runs 35 to 40 percent better Mr. DOMENICI. I am sorry, but it trator decides you cannot, you have no for mileage than a gasoline engine. gets difficult to keep track of the time. rights because you don’t own anything. I visited, in Huntsville, AL, a plant I thank the Senate for permitting me This bill mandates the entities pay that incinerates garbage and creates to speak a few moments today. for them and, I repeat, refuses to ex- steam to provide to the military base, We are just 3 full days into the Boxer tend the ownership rights. I don’t know and it has been doing so since 1984. Yet bill, and several important questions why this is written this way, but I hope not another city in Alabama has such a have arisen. Unfortunately, the major- we will have a chance to consider an steam plant. ity leader has filled the tree. That amendment. Perhaps the Senator from I visited an Alabama power company sounds like something you do around Tennessee would have joined me in an incinerator, where switchgrass and Christmastime, but that is not what it amendment to strike that provision, wood chips are blown in with coal, re- is. It means last night the majority but we will not have a chance to do ducing the amount of coal used, burn- leader decided this bill, when we return that because the leader has filled the ing more biofuels. to it—if we do, which I don’t think we tree. I visited the transport center at the will—would not be amendable. He has I repeatedly heard false claims that University of Alabama, which is work- put amendments in every place you this bill will create a market-basket ing on a more complete combustion of could amend so you cannot amend any approach to reduce greenhouse gas our fuels, fuel cells, and plug-in hy- further. So we would not have a chance emissions. For a marketplace to oper- brids. to fix this. ate, its participants must own the I visited Auburn University, where So everybody will understand, 3 days products they seek to trade. Property they are converting wood products, for a bill such as this in the Senate is is a fundamental right in a well-func- biofuels, to gases and then to liquids unheard of. This Senator is serving his tioning market. The right of ownership we can burn in our automobiles. 36th year and happens to be fortunate should not rest with the bureaucrats at All that is happening in my State that I was here when the Clean Air Act EPA. It should rest with the purchasers right now. I say, let’s get busy and see of America was passed. It was a new re- of the allowances. if we cannot accelerate those things. gime for trying to clean our air. We Additionally, it is not credibly ex- Let’s not create a monumental bu- were on the floor of the Senate, with plained how Americans will comply reaucracy. As a former U.S. attorney, I Ed Muskie as chairman, for 5 weeks. with this bill. There are a number of am familiar with the Code of Federal Over 160 amendments were brought up, resources and technologies that can Regulations. I am not sure a lot of peo- and over 100 were approved, or voted significantly reduce carbon emissions, ple are. But this 400-plus page statute on. That is debating a bill—not 3 days. but often they are not commercially that we are about to pass has within it As we consider this bill, we have to viable or, worse, are blocked from 35 direct requirements that various ask ourselves if a cap-and-trade regime being licensed. Our Nation currently has 104 nuclear agencies of the U.S. Government will is our only option, or even our best op- powerplants. According to the EIA, En- issue regulations on, and the regula- tion, for reaching the bipartisan goal of ergy Information Agency, we need to reducing global greenhouse gas emis- tions frequently are far more exten- build an additional 264 gigawatts of nu- sions. The Congressional Budget Direc- sive, more complex, and detailed than clear capacity by 2050 to comply with tor recently testified before the Com- the laws we pass. But every business in this bill. Another Federal agency found mittee on Finance and the Committee America will be bound by them. If they that only 44 gigawatts of nuclear would on Energy that a carbon tax would be violate them, they can be fined $25,000 be built and that our needs would, in- five times more efficient, that a rigid a day. Somebody will have to enforce stead, be largely met by 81 gigawatts of cap-and-trade regime would, con- them. Who is going to do that? The coal with sequestration and 61 EPA says they know they will need versely, be only one-fifth as effective gigawatts of renewable power. An MIT perhaps 400 new people right off the bat as a carbon tax. So, obviously, we have study found that we would meet our to keep these programs up and going. set about to do something far more dif- obligations with 236 gigawatts of coal But the Department of Agriculture, the ficult than directly attacking the prob- with sequestration. This technology Department of Treasury, and Depart- lem with a carbon tax because we fear has potential, but it has not yet been ment of Commerce have requirements, it. But the American people should commercially demonstrated. and they are going to have to have peo- know what we are doing to them, in The point I am making is, some of ple, among other agencies. this roundabout way, is far worse on the assumptions as to how we will But who will have the most? What them, their families, and their future reach this goal under this bill are stat- area of our economy will be required to than a carbon tax, which everybody ed by the experts in our country that hire the most people to comply with says we should leave alone and forget they cannot be achieved because some these regulations? I submit it is the about. of the things they expect to use cannot private businesses that are going to It is also appropriate to ask how this be used or cannot be done. have to hire accountants, technicians, bill was written and why it has been In the years ahead, will those who have monitoring stations, hire people written several times. The bill leaves now support this bill strongly advocate to figure out what credits to buy and us with more questions than answers. the construction of the infrastructure what credits to sell and try to project One that immediately comes to mind and facilities necessary to comply with the market and see what the future is is, why allowances under this bill are it? going to be on credit and where to get not considered property. This bill man- More than 20 organizations went on these credits. It is going to be an in- dates that entities pay for the allow- record last November in opposition to credibly complex thing. ances. Then it refuses to extend the the National Interest Electric Transi- This 492-page legislation has 35 dif- rights of ownership to those allow- tion Corridor. These corridors, estab- ferent specific directions to various ances. lished in the Energy Policy Act, which agencies to issue regulations. The distinguished junior Senator we together wrote and passed on the My time has expired. I thank the from Tennessee has spoken eloquently floor of the Senate, are essential to ad- Chair and point out that this has huge about this whole business of allowances dressing electric transmission con- ramifications throughout our economy. and what is wrong with the way we are straints or congestion across the coun- I am pleased to listen to Senator treating it. He has mentioned, but I try. But an attitude of ‘‘not in my

VerDate Aug 31 2005 02:54 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.064 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5177 backyard’’ has resulted in vocal opposi- complish. The biggest purpose would This bill would require more than 50 tion in many localities. Yet that would not even come close to being accom- new reports and studies, many of which be absolutely necessary for this bill to plished. If we did it, it wouldn’t come recur on a monthly, quarterly, or an- work. close to what is necessary. I just gave nual basis. It includes directions for 39 According to Greenpeace’s Web site, the numbers. new regulations and rulemakings and carbon capture and sequestration is The second stated purpose of this bill would establish 56 new program initia- ‘‘an unproven, expensive, and ineffi- is divided into seven subsections. First, tives, funds, and similar Federal enti- cient technology’’ that taxpayers it is intended to reduce greenhouse gas ties. This chart behind me shows just should not be asked to subsidize. But emissions while ‘‘preserving robust how complex this bill would be. I ask according to EIA, it is not available. growth in the United States economy.’’ that my colleagues look at it because The result is almost a doubling of the Economic studies across the board it is accurate. negative impacts of economic growth. have found that this bill fails in this It should be clear that any reason- As recently as 2005, a leading pro- regard. The studies find that this bill able amount of time studying this cap- ponent of this bill said in the Senate: will have a negative impact on gross and-trade proposal leads to more ques- Nuclear power is not the solution to cli- domestic product, our basic test of col- tions than answers. While that may be mate change, and it is not clean. lective productivity, in the range of acceptable for scientific endeavors, it Friends of the Earth, a large environ- trillions of dollars. is not a very sound footing for making mental group active in 70 countries Next, the bill is intended to create law. around the world, describes nuclear new jobs in the United States. Why On a global scale, this bill would pro- power as a ‘‘false solution’’ that ‘‘is then is so much attention given to re- vide minimal, if any, environmental simply a diversion’’ from the progress training assistance for workers in this benefit by the end of this century. But of reducing greenhouse gas emissions. bill? A study by the SAIC estimated even to achieve a small reduction here The fact is, nuclear power is our only that 3.5 million jobs would be lost by at home, we may subject America’s carbon-free source of baseload genera- 2030 as a result of this legislation. And economy, prosperity, and global com- tion, and the 104 nuclear reactors now there is no credible study that says petitiveness to irreparable harm, while in our country around the Nation dis- this bill, on a net basis, will create jobs creating greater emissions abroad. The place as much carbon dioxide—just this in America. capp-and-trade system envisioned by Third, this bill seeks to ‘‘avoid the one source of energy—as nearly all the this bill is simply not the answer we imposition of hardship on U.S. resi- passenger vehicles on the roads of seek for reducing our greenhouse gas dents.’’ Given the projections of lower America. That is a pretty good ex- emissions. I hope in the future we can economic growth and job losses, this is change for 104 nuclear powerplants move this debate in a direction toward simply not possible. that are old and doing the job. The PRESIDING OFFICER. The Sen- solutions. The opposition to energy infrastruc- The PRESIDING OFFICER. The Sen- ator from New Mexico has 3 minutes ture that we need to reduce greenhouse remaining. ator from Oklahoma. gas emissions overlooks a fundamental Mr. DOMENICI. I thank the Chair. Mr. INHOFE. Madam President, it is truth that is underscored by nearly The fourth subsection states that my understanding that I have 10 min- every study in this bill. Without these this act is intended to ‘‘reduce depend- utes and then the distinguished junior resources and technologies, it will be ence of the United States on petroleum Senator from California will have 5 impossible to meet the targets outlined produced in other countries.’’ Last minutes and then I will have 5 minutes by this bill. So supporting a cap-and- year, I introduced the American En- in rebuttal. trade regime is insufficient. The bill’s ergy Production Act. I plan to offer The PRESIDING OFFICER. That is advocates must also pledge to support this as a complete substitute for this correct. and work hard for energy infrastruc- bill. There is no one who could doubt Mr. INHOFE. Madam President, ture, which we have just discussed, for that it would do more to reduce our de- please tell me when I have 1 minute. years to come. pendence on foreign oil than this bill. All Republicans want just one thing, Perhaps the most important question The fifth states that the act will and that is to debate this bill, bring it in considering this bill is whether it ‘‘impose no net cost on the Federal out in the open, let the light shine on will accomplish its stated purpose. Lis- Government.’’ This stated purpose it. Every Republican who has spoken ten carefully. The first stated purpose omits the massive cost that consumers has talked about the various amend- of this bill is ‘‘to establish the core of and businesses will incur. The number ments they want. All we want to do is a Federal program that will reduce the has been placed at $6.7 trillion, which discuss, debate amendments, have re- United States greenhouse gas emis- represents an unprecedented transfer of corded votes on the amendments, and sions substantially enough to avert the wealth to be carried out at the discre- then have a recorded vote on final pas- catastrophic impacts of global climate tion of the Federal Government. This sage. That is a very reasonable request. change.’’ First purpose. is the most expensive authorization The Senator from New Mexico said The United Nations IPCC—that is the bill in my 36 years in the Senate. on a couple of occasions that—referring technical hierarchical leader—projects Sixth, the bill states that it seeks to to the amendments of 1990—there were that if the global concentration of ‘‘ensure the financial resources pro- 180 amendments that were offered at greenhouse gas increases by 90 parts vided by the program established by that time in 5 weeks of debate. Now we per million, global air temperature will this act for technology deployment are are talking about 3 days. I don’t want rise by roughly 1 degree. These are the predominantly invested in develop- anyone walking away when they pull projections cited by the advocates of ment, production, and construction of the bill and say the Republicans had this bill. According to the EPA, how- that technology in the United States.’’ anything to do with it because all we ever, this legislation would only de- Why then does the bill include an en- want to do is debate it. crease global concentrations by 7 to 10 tire title for international offsets and One of the amendments I want is to parts per million by the year 2050, allowances? That has been stated by set up a mechanism we put down in a enough to reduce temperatures by only the distinguished Senator from Ten- very reasonable way that would pro- one-tenth of 1 degree Celsius. nessee eloquently. tect truckers, small businesses, and As I stated earlier in this debate, Further, uncertainties of numerous farmers from higher diesel prices such an increase will fail the test out- kinds remain that I am unsure this act caused by the Lieberman-Warner bill. I lined in this bill. Its impact will not be is capable of being administered, but I still want that amendment, and I hope substantial enough to avert a cata- am not sure exactly how that can be there is a change of heart someplace strophic impact of global climate done. CBO estimates an increase of $3.7 and we will be allowed to do it. change as stated by the proponents of billion in discretionary spending at It is important in these last few min- this bill, cited by the advocates of cap EPA between 2009 and 2018 just to ad- utes to talk a little bit about this 53 and trade, to say it another way. minister this bill—$3.7 billion. That is cents a gallon they have estimated. Their own rhetoric does not match nearly a 50-percent increase compared They have said it is not going to be 53 the reality of what this bill would ac- to their entire current budget. cents a gallon, but the EIA, the Energy

VerDate Aug 31 2005 02:54 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.066 S05JNPT1 smartinez on PROD1PC64 with SENATE S5178 CONGRESSIONAL RECORD — SENATE June 5, 2008 Information Agency, has estimated going to give part of this back. Even if end up winning the debate but not in that it would be 53 cents. But they say they gave back $2.5 trillion over that the short time the leadership has given we are underestimating. They said first period of time, this would still be a $4.2 us for this bill. So if we were to have they acknowledge their model does not trillion tax increase. the time to do that and to talk about take into account cost of allowances Now, you might say: What is all that these losses and where these losses are for refineries, it does not account for money going for? Look behind me. coming from, it would be much more more production going overseas, and it There are 45 new or expanded bureauc- meaningful. does not account for supply-side racies that would be recorded or be es- But the bottom line is this: You can’t changes in the market, which means as tablished by this bill. In other words, if worry about what is going to happen if production costs go up, supply will get we do this bill, yes, we are going to be we lose the jobs without realizing that tighter. That is a conservative esti- taxing the American people $6.7 tril- even if this bill were to pass, it will end mate. lion, and it is going to be going toward up costing the atmosphere. We will end Since our junior Senator from Cali- expanding and creating new bureauc- up with a lot more CO2 being emitted fornia has returned, let me one more racies—45 of them. I can assure you into the atmosphere. It is only logical time talk about the tax increase. This that none of that money would be re- we are going to lose these jobs to devel- is a massive tax increase on the Amer- turned to the people of Oklahoma. oping nations, some of which I have ican people. At a press conference on Now, it is hard to explain what $6.7 mentioned, and those developing na- June 2, Senator BOXER said this is tax trillion means. It has so many zeros, tions don’t have any restrictions on relief. Later on, she said in the same people’s heads start to swim. The anal- their emissions. So what happens? We press conference: We also have in this ysis by Charles Rivers Associates says pass the bill, emissions increase, and bill a very large piece, almost $1 tril- that each family of four in my State of America goes through this economic lion of tax relief. So when we see some Oklahoma will have their taxes in- disaster. increases in energy costs, we can have creased by $3,300 a year—$3,300 a year. For those reasons, we can’t do it, and tax relief. Then she talks about tax re- That is a massive tax increase. If you for those reasons, we are getting all lief. go back and look at the last major tax kinds of editorials all around the coun- What does the bill say? The bill says increase we had in this country—it was try saying we can’t afford to do it and the tax relief referred to is nonbinding; the Clinton-Gore tax increase of 1993— saying things such as: it is sense of the Senate. That just where the taxes went up, Americans This is easily the largest income redis- means it is conversation. It says it were taxed by some $32 billion. This tribution scheme since the income tax. should be used to protect consumers. It would be closer to in the trillions. It And saying things such as: doesn’t authorize it, it doesn’t direct would be 10 or 12 times more than that. The only thing it will cool is the U.S. econ- it, it doesn’t provide anything is paid. The last major thing to talk about is omy. So what we are talking about is that jobs. I don’t know how anyone can look And saying things such as: $800 billion is not going to happen. But at this logically and come to the con- The Boxer climate tax bill would impose assuming it did—that is after we have clusion that this is not going to be the the most extensive government reorganiza- taxed the American people $6.7 tril- killer for jobs in America. I listened to tion of the American economy since the lion—then we might give them back my friends from Ohio and other States 1930s. $800 billion. That means that for every in the Midwest. We in Oklahoma don’t The PRESIDING OFFICER. The Sen- $8 we tax them, we give them back $1. really have that much of a problem, ator has 1 minute. Next, nuclear. Certainly, the Senator but in the manufacturing belt of the Mr. INHOFE. Our only request is to from New Mexico has been a leader on Midwest—Ohio, Michigan, Illinois— let us debate the bill, debate the this, and we have talked about trying they are losing their manufacturing amendments, vote on the amendments, to get more nuclear energy for quite jobs. They have lost, by some esti- and vote on the bill. It is a reasonable some time. I will say this about the mates, up to 25 percent of their manu- request. McCain-Lieberman bill. One of the rea- facturing jobs because we don’t have The PRESIDING OFFICER. The Sen- sons I don’t believe Senator MCCAIN is adequate amounts of energy to take ator from California is recognized. for this bill is that it doesn’t have a care of those things. Mrs. BOXER. My Republican friends nuclear component. His bill had a nu- Well, this bill, according to the anal- are fierce defenders of the status quo. clear component, a recognition that we ysis that was done, would increase the They are desperate defenders of the are not going to solve this problem in loss of jobs in the manufacturing sec- status quo. They are clinging to the this country without a nuclear compo- tor by 9.5 percent. In other words, it is past and turning away from solving nent. So this bill has no nuclear com- not going to lose a few thousand jobs one of the major challenges of our ponent. but many thousands. If the manufac- time. All they say is no, no, no, for the When you look at other countries, turing sector is going to be dropping status quo. And the reason is they such as France, they get 80 percent of another 10 percent, it is devastating. know we are so close with this bill to their energy from nuclear energy. We Now, where are these jobs going to finally getting us off foreign oil, finally are getting 20 percent. It is clean, go? They are going to go to Mexico and getting us off big oil, and that is whom abundant, cheap, and safe, and we they are going to go to India and they defend here every single day. ought to be doing more of that. I think China. There are a number of different They talk about working people. we are on the road to start doing that, places they will go. This is the inter- When is the last time they stood up but not in this bill. It is not in this esting thing—and I think the Senator and argued in favor of working people? bill. from Wyoming, Mr. ENZI, gave a speech Let me show you the working people Next, the gas price, the 53 cents, I on this that I thought was very good. who are supporting us. would suggest that is not just conserv- In the speech, he talked about what They stand up: Oh, we are going to ative, it is incredibly conservative be- happens when jobs go to China. When lose jobs, lose jobs, lose jobs. It simply cause that is assuming 268 new nuclear jobs go to China, they do not have any isn’t true. We have businesses, we have electric powerplants by 2050. That is emissions restrictions in China, so the working people. Why don’t they go and assuming we have 268 new nuclear problem we will have there is that it is tell the people who are supporting the plants. Well, according to the Electric going to increase the amount of CO2 in Boxer-Lieberman-Warner bill, from the Power Research Institute, and every- the air. International Union of Operating Engi- body else, the most we could have I have agreed going into this debate neers, from the building and construc- would be 64. So that is one-fourth the that we would assume that it is true tion trades, from the Association of amount. That means the increase in that manmade gases—anthropogenic Bridge, Structural, Ornamental and the cost per gallon most likely would gases, CO2, methane—are a major cause Reinforcing Iron Workers, from the be closer to $2 a gallon instead of 53 of climate change. I don’t believe that heat and frost insulators, to the plumb- cents a gallon. is true, but we wanted to assume it be- ers, to the roofers, to the plasterers, to On the $6.7 trillion tax increase, this cause if we didn’t do that, this debate the painters and the allied trades, to is one where they say: Well, we are would be all about science. We might the teamsters and truckdrivers, to the

VerDate Aug 31 2005 06:27 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.067 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5179 brick layers. They stand here and scare alternatives ready, the cars ready, the the advanced coal research program people. These working people know different fuels ready. proposed is replaced with a kick-start where the jobs are. The jobs lie in the Senator CORKER complains about the program. In other words, they are op- new economy, the new green economy, process and he complains about the posed to it. the economy that gets us off of foreign process. I say to Senator CORKER: Vote How about United Auto Workers? oil, that gets us off of big oil. for cloture. We will have amendments, The last time I checked, that was a Then they have the nerve to talk we will debate the bill, and we will union. They said in a letter to her and about how we are going to raise gas move forward. to me: prices. Take a look at what has hap- So it seems to me we are hearing a The legislation still contains serious de- pened to gas prices since George Bush lot of falsehoods here. Vote for cloture. fects that would undermine the environ- became President. And what did they Let’s get off of big oil and foreign oil. mental benefits while posing a threat to eco- ever do about it, Bush and CHENEY? Oh, Let’s have a good economic future and nomic growth and jobs. Accordingly, the they were the oilmen and they were solve the crisis of global warming. UAW opposes this bill in its current form. We urge you to insist that the legislation going to be able to deal with the oil The PRESIDING OFFICER. The Sen- must be modified to correct for these de- companies. I will never forget it. Under ator from Oklahoma. fects. Mr. INHOFE. Madam President, I George Bush, a 250-percent increase, a That is the UAW. 250-percent increase in a gallon of gas have heard the same thing, and I have Again, the last thing the distin- in the years he has been in office, and a great deal of respect for our chair- guished Senator said is we need to get all he can do is go to Saudi Arabia and man of the committee and her people’s to final passage, we need to pass this hold hands with the Saudi Prince and information. I used to chair that com- thing. I only hope that the Democratic beg. It doesn’t work. What is going to mittee when the Republicans were in majority of the Senate will let us vote work is a climate security act such as the majority. We are not a majority on amendments and let us vote on final the one we have before us, and this is now, so it is Senator BOXER. But I passage. If we take this bill down, I the pie chart I can show you. wanted to cover the three things she don’t know who you want to point a Look at this. My friend from Okla- covered. finger at, but I am standing here right homa, he makes up things about this First, gas prices, that somehow gas now begging with the leadership, let us bill. He says it is about raising taxes. prices are not going to be going up as debate the amendments and let us de- That is false. We give back almost $1 a result of this, and blaming that on bate final passage, let us have public trillion in taxes. We give back much the President, the administration, record votes on the amendments and more than $1 trillion in consumer re- whether it is Cheney-Bush or whoever votes on the bill so the light will shine lief. All of this yellow is what most of it is. Let’s keep in mind that gas prices brightly and everyone will know who is this bill does, and here we invest. We went up when the Democrats con- responsible if this bill goes down. invest in low-carbon technologies so trolled the House and Democrats con- I yield the remainder of my time and that we can get off oil. trolled the Senate. yield the floor. They do not want to get off oil. They Now, if anyone doubts who is at fault Mrs. BOXER. Madam President, I have friends in the oil industry. Who do for this, go to the Web site for Environ- have a unanimous consent request that you think is opposing us and making ment and Public Works, I may have printed in the RECORD a up untruths about our bill? That is epw.senate.gov, and look it up. What I statement of Senator BARACK OBAMA what happens. We don’t have any tax have done is document the votes all the which says if he were able to be increases, we have tax cuts. way back to 1995. Every time we tried present, he would vote to invoke clo- And then Senator BUNNING says sci- to increase the supply of energy in ture. entists disagree. Yes, there were a few America and every time we tried to in- There being no objection, the mate- people who still said the world was flat. crease our refining capacity, it was rial was ordered to be printed in the There are a few people who still say killed by the Democrats, right down RECORD, as follows: cigarette smoking doesn’t cause can- party lines. Look it up. It is there. I Madam President, I will not be present for cer. But the vast majority of scientists have provided it for you so you don’t tomorrow’s cloture vote on the substitute from the IPCC, the most brilliant sci- have to find it yourself. It is there. amendment to the climate change bill (S. entists all over the world gathered, in- Now, I don’t know how many times I 3036). However, were I able to be present, I cluding our own here in America—11 can refute this; the distinguished Sen- would vote to invoke cloture. Thank you. American National Academies of ator talks about the fact that she Mr. SPECTER. Madam President, I Science say global warming is un- doesn’t believe this is a tax increase seek recognition to announce that due equivocal. and it is going to be a tax decrease by to my chemotherapy treatment in You can put your head in the sand. almost $1 trillion. It is $800 billion. But Philadelphia tomorrow, I will nec- You can divert attention by saying this let us remember, as I said before, this essarily be absent from the expected is a tax when it is not. How do we get bill takes $6.7 trillion from Americans cloture vote to end debate on the Boxer the funding? We get it from the largest in the form of a consumption tax on substitute to the Lieberman-Warner emitters of greenhouse gas emissions. consumable goods and on energy. Now, Climate Security Act, S. 3036. If I were I am looking at the Presiding Officer the bill says we should give back $800 present, it would be my intention to sitting in the chair. She wrote the first billion. That means for every $8 we are oppose cloture at this time. section of the bill that deals with a taxing the American people, we might As I stated earlier today on the Sen- greenhouse gas registry so we can be giving back $1. ate floor, I am sorry to see that the measure that. And what do we say to The third thing is on jobs. You know, majority leader has filled the so-called them? You are going to have to get this is such a logical thing that I don’t amendment tree on the global warming permits to pollute. Polluters pay. And believe we should have to go into all bill, thereby blocking all amendments. we help them with that in the early this. If you do away with energy and This is the 12th time he has employed years, and we take that money and we dramatically cut energy in America, this legislative tactic in the 110th Con- give most of it back to the people, OK? jobs have to go someplace. It is esti- gress. It is a sad state of affairs in the Then the rest of it, the rest of it we put mated that almost 10 percent of manu- U.S. Senate when we take up legisla- to deficit reduction and investments of facturing jobs will go overseas. They tion on such a pressing matter as glob- technology. will be gone. al climate change and 4 or 5 days later We hear others get up and say: Drill, She talks about the labor unions. Let find ourselves being asked to end de- drill, drill. You can’t drill your way me read what the labor unions say. The bate when the debate hasn’t even out of this problem. I don’t want to National Mining Association wrote: begun in earnest. drill in a wildlife preserve that Dwight Contrary to representations made of I was looking forward to really focus- Eisenhower, a Republican President, the Boxer substitute, S. 3036 does not ing my attention and that of my col- set aside. That is ridiculous. It only provide sufficient funding or incentives leagues on the very crucial issues that has 6 months of oil. It is better to have for CCS and advanced coal tech- are part of this extremely complex bill. a long-term solution where we have the nologies. Under the Boxer substitute, As I have said repeatedly, I believe we

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Some of the questions and con- biomass, or power derived from natural wrote to President Bush recommending cerns I raised included whether the gas, petroleum, or coal, we have a re- that he re-engage in the Kyoto process Lieberman-Warner emissions caps are sponsibility to ensure that our busi- because the U.S. should lead on this technologically attainable, whether nesses, manufacturers, and households issue and have a seat at the inter- the bill adequately protected the econ- have access to energy sources at rea- national table. omy, whether the bill strongly ade- sonable costs. We rely on energy in al- My commitment to fighting global quately addressed the competitiveness most everything we do in the course of warming is also evidenced in the work of domestic manufacturers, and wheth- a day, from turning on the light in the I have done with the chairman of the er the bill fairly treats process gas morning, to driving our cars to work, Senate Energy and Natural Resources emissions from steel production, to to cooking our dinner at the end of the Committee, Senator BINGAMAN. During which there are no alternative meth- day. During my time in the Senate, I the energy bill debate of 2005, we of- ods. I filed four amendments dealing have remained committed to keeping fered the Bingaman-Specter sense-of- with these issues, but, again, none of energy costs affordable for all North the-Senate amendment that put the my amendments nor any others will be Dakotans and all Americans. Senate on record for the first time sup- permitted by the majority. Now, it is The bill before us could reduce the af- porting mandatory climate change leg- important to note that I am not set in fordability of these sources of energy. islation—a 54 to 43 vote. In the inter- stone on anything. I am open to re- Over time, it will require companies vening years, we worked diligently to thinking my position on various ele- that produce and use natural gas, pe- craft a bill that balanced the concerns ments of a climate change bill. I also troleum, and coal to acquire credits for so many of our colleagues have had on think I deserve the opportunity to each ton of greenhouse gas emissions both sides of the aisle. Our Low Carbon state my case and have my opinion and for which they are responsible. Accord- Economy Act, S. 1766, would establish ideas considered. ing to estimates from the Department mandatory emissions caps while pro- Given the current legislative situa- of Energy’s Energy Information Agen- tecting the economy and encouraging tion and lack of proper consideration of cy, the cost of allowances will range international action. Whatever eventu- this incredibly important legislation, I from approximately $20 in 2012 to be- ally passes Congress and is signed into do not support the effort to invoke clo- tween $60 and $80 in 2030 for each ton of law will have to meet these difficult ture on the substitute at this time. I emissions. I am very concerned about tests. commit to continuing to work with my what these costs will mean for con- We have spent this week debating colleagues to find a solution to the sumers in my state, where over 90 per- whether to proceed to the Lieberman- very serious issue of climate change. cent of our electricity comes from coal. Warner bill. Many Senators filed We should be acting with the speed and I am also concerned about the effects amendments starting Wednesday after- deliberation that this massive yet es- of these cost increases on our inter- noon, which was the first opportunity sential undertaking deserves. national competitiveness. In the ab- to do so. I filed four substantive Mr. CONRAD. Madam President, I sence of a binding international agree- amendments today. However, despite would like to briefly discuss the Cli- ment, other nations that are leading the repeated urging of Senators, in- mate Security Act and indicate how I emitters of greenhouse gasses will not cluding me, the majority leader de- would vote if I were going to be present be subject to strict emissions controls. cided to fill the so-called amendment for tomorrow’s cloture vote. We would risk putting U.S. manufac- tree, which has the practical effect of There can be no question that cli- turing—which relies on affordable en- blocking any amendments from being mate change is real. The scientific con- ergy—at a significant competitive dis- officially offered, debated, and voted on sensus is clear. Human activity is in- advantage with the rest of the world. the Senate floor. This has set up a sce- creasing the concentration of green- We have already witnessed the loss of nario where Senators are being asked house gasses in the atmosphere, warm- jobs to manufacturers in Mexico and to vote for cloture—to end debate—on ing the planet, melting the polar ice China. I recognize and appreciate that the underlying Boxer substitute with- caps, and causing severe weather the authors of this bill have sought to out ever having the opportunity to events across the globe. The effects address competitiveness concerns. But amend it. This begs the question of that we have seen to date are small in we must do more. whether the Boxer substitute is so per- comparison to what scientists say are Unfortunately, the tactics of some of fect that nothing in its 492 pages the likely consequences of continued our colleagues have made it impossible should be scrutinized—or whether more warming. These developments have to have a full debate on these issues. pages should be added. very serious implications for this coun- There will be no opportunity to offer This kind of process puts Senators in try, and for the world. amendments that would address these a difficult position. I have stated my We need only to look to the droughts concerns and improve the bill. I will be desire to pass legislation combating in my part of the country over the last necessarily absent tomorrow for a global warming. I represent a State few years or the increased frequency long-planned and critically important with 12 million people and a very di- and ferocity of severe weather events meeting with senior Air Force leader- verse electorate and economy. There across the country to see the very real ship at Minot Air Force Base in my are many Pennsylvanians who would effects of global climate change. state. However, if I were here, I would like me to vote for the Lieberman-War- We have an obligation to current and have no choice but to oppose cloture. ner bill. There are also many who want future generations to take meaningful This legislation will not be the final me to oppose it. I have met with citi- action to reduce our emissions of word in the Senate on this subject. As zens, companies, faith leaders, sports- greenhouse gasses, and I very much ap- this debate resumes, we need to con- men, conservationists, environmental- preciate the efforts of Senator tinue working for a solution that care- ists, union officials, and others who LIEBERMAN, Senator WARNER, and Sen- fully balances the need for action with have expressed a broad range of opin- ator BOXER to address this issue. the concerns about the impact on our ions. What I have tried to do is take all However, this is a very complicated economy and our competitiveness. We of these concerns and work with my piece of legislation that will have far- need to carefully consider impacts on colleagues such as Senator BINGAMAN reaching effects on our economy, our States with energy dependent econo- to craft sound public policy that exerts competitiveness, and the economic se- mies, such as North Dakota. We need U.S. leadership in tackling the very curity of the people I represent. It is to carefully consider the impact on dif- real environmental problems we are critically important that we under- ferent types of energy and make sure facing, but also recognizes the uncer- stand these effects and ensure that we we do not put some forms of energy— tainty with creating the Nation’s first have minimized the economic costs of such as lignite coal, which is the lead- economywide cap-and-trade program. the bill. ing source of power in my State—at an On Monday, June 2, I presented a de- Our economy depends on affordable, unfair disadvantage. We need to care- tailed floor statement on my past ac- reliable, and abundant sources of en- fully weigh the impacts that any plan

VerDate Aug 31 2005 06:27 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.075 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5181 will have on energy consumers. And we this bill. It is a pleasure to work with vinced the bureaucratic nature of DOE need to make sure this legislation is them on this issue. is the right or only environment in part of a global effort, so that coun- Mr. ROCKEFELLER. Madam Presi- which to make the best use of the tries such as China do not derive an un- dent, I wish to take a few moments to science to bring about the cost-effec- fair competitive advantage from our discuss an amendment I have filed to tive, commercial-scale CCS, tech- action. I very much hope to be a part of the underlying Boxer substitute nologies we know we need. I believe finding innovative and creative solu- amendment to the Lieberman-Warner that the men and women working in tions that achieve this necessary bal- climate change bill. our National Labs can produce great ance. I feel very strongly that, in any re- results, but my grave concern is that Getting climate change legislation sponsible attempt to address the very government tends to move slowly and right will require an enormous amount real threat of global climate change, simply cannot afford to wait the sev- of additional, careful work. I look for- one of the very first orders of business eral decades that are anticipated by ward to working with Senators BOXER, must be to ensure that our economy the current technology roadmap. That LIEBERMAN, and others to address this comes out of the process as strong or is why I am proposing an additional— very real problem. stronger after the enactment of carbon and I believe, transformational—means Mrs. FEINSTEIN. Madam President, constraints as beforehand. Our econ- at arriving at commercial-scale CCS I would like to explain the purposes of omy, as I have said many times since much more rapidly. the amendment I have filed today with coming to the U.S. Senate, is inex- The cornerstone of this amendment is the creation of a nearly $20 billion Senators KLOBUCHAR and SNOWE to the tricably tied to coal. Some may not ap- quasigovernmental corporation, which greenhouse gas registry provisions of preciate it still, or may let it slip to I am calling the Future Fuels Corpora- the Climate Security Act. the back of their minds until another tion. The Future Fuels Corporation is This amendment attempts to clarify tragedy in the coalfields, but the fact intended to push the environmentally the relationship between the green- is, coal provides about half of all of our electricity. Some months a little more, responsible use of coal for electricity house gas registry provisions in the and the production of carbon prod- Climate Security Act, and existing law and some months a little less. But in almost every scientific or economic ucts—transportation fuels and indus- requiring greenhouse gas reporting. trial inputs—in a process called analysis I have seen, our dependence on The existing law is a provision that I ‘‘polygeneration,’’ while also moving coal to keep our economy functioning included in the fiscal year 2008 omnibus us further and faster toward a time is going to continue to increase—and appropriations legislation, Public Law when commercially viable CCS tech- this is true even under the aggressive 101–161. nologies make using coal, our most The fiscal year 2008 omnibus appro- approach of the climate change bill be- abundant domestic fuel source, no priations legislation requires the Ad- fore us. more environmentally worrying than That projected growth in the use of ministrator of EPA to do the following: deriving electricity from the wind or coal probably is a function of long- publish a draft rule not later than 9 months the sun. after the date of enactment of this act, Sep- term economic growth and the relative What separates the Future Fuels Cor- tember 26, 2008, and a final rule not later difficulty and high cost of building poration from other CCS research and than 18 months after the date of enactment generation alternatives. Coal can pro- demonstration projects, those under- of this act, June 26, 2009, to require manda- vide us with many decades—some ex- way or new programs being proposed as tory reporting of greenhouse gas emissions perts say many centuries—of cheap, re- part or in reaction to the underlying above appropriate thresholds in all sectors of liable, domestic energy. But as this the economy of the United States. bill, is that when the corporation country moves to address climate comes into being it will be funded by Thus, under existing law, by June 2009, change, as I fervently believe we must, the Federal Government, but run by an EPA must publish a final rule requir- the future for coal—and I reiterate, the independent board of directors, each of ing mandatory reporting of greenhouse health of the American economy—de- whom is an energy expert in his or her gas emissions. pends on the ability of our electric own right. These experts will be nomi- Sections 101 and 102 of the Climate utilities to use coal in a cleaner way nated by the President, confirmed by Security Act build on these provisions than ever before, which includes cap- the Senate, but responsible to the tax- in existing law. The Administrator of turing and permanently storing carbon payers for realizing the goals of the Fu- EPA must complete a new rulemaking emissions. ture Fuels Corporation without the within 2 years of enactment of the Cli- This is why I am proposing an heavy hand and bureaucratic meddling mate Security Act. amendment that will dramatically in- that can be the unfortunate byproduct As clarified in my amendment, this crease in the size and the scope of the of the program administration of any new rulemaking shall establish a Fed- carbon capture and storage, CCS, pro- government agency. The Future Fuels eral greenhouse gas registry that grams already underway in the Depart- Corporation will have to deliver re- ‘‘builds upon the regulations completed ment of Energy. It is my goal with this sults. The scientists and researchers pursuant to [existing law].’’ provision—which will authorize $650 brought onboard the Future Fuels Cor- The new regulations will make million for CCS research, development, poration will carry out their activities ‘‘changes necessary to achieve the pur- and deployment through the end of fis- with a ‘‘do it right, but do it fast’’ busi- poses described in section 101,’’ which cal year 2014—that a program already ness mindset, and not the measured includes the substantive requirements underway, but plagued by much-lower academic pace of traditional R&D pro- for the new registry set forth in section funding that is really required, can grams that could keep important CCS 102(c). move beyond the baby steps currently developments from being realized as Finally, the new regulations will ‘‘re- being taken, and move us closer to a fast as we need to have them up and quire emission reporting to begin no day when coal can deliver on the prom- running. later than calendar year 2011.’’ This ise those of us in West Virginia and I am firm in my belief that the final provision acknowledges that other coal states have always under- United States must do something sig- emission reporting will likely begin in stood it to have. nificant to slow and ultimately reverse 2010 under existing law, given that the But my CCS amendment neither be- the carbon-induced climate change Administrator must complete regula- gins nor ends with merely increasing that an unimpeachable scientific con- tions by June 2009 requiring mandatory funding of current R&D programs. In sensus shows us is already happening. emission reporting. Emission reporting fact, while I have no doubts about the We must not hesitate to engage inter- that is fully consistent with the provi- quality of the work being done by fossil nationally, and when we do, the effort sions of the Climate Security Act will fuel researchers at West Virginia’s Na- cannot be allowed to let off the hook then begin no later than 2011. tional Energy Technology Laboratory developing nations that are fast becom- I would like to thank Senators and their scientific collaborators at ing significant sources of atmospheric KLOBUCHAR and SNOWE for their dedi- West Virginia University, Marshall carbon. Our action must be scientif- cated leadership in support of the University, and other fine schools ically justified, but must always ac- greenhouse gas registry provisions in around the country, I am not con- knowledge the economic implications

VerDate Aug 31 2005 02:54 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.071 S05JNPT1 smartinez on PROD1PC64 with SENATE S5182 CONGRESSIONAL RECORD — SENATE June 5, 2008 for workers in carbon-intensive indus- ops and municipals from seeing the congratulate Chairman BOXER for mov- tries, and for the poor and middle class benefit of a nuclear production tax ing this bill to the floor. It is a first families who will find it even harder to credit and federal loan guarantees. We step toward Congress enacting a cap- pay their bills when carbon constraints need to be sure climate legislation does and-trade bill as part of a broad, com- raise energy prices. Similarly, we can- not do the same. prehensive effort to combat global not exacerbate the competitive advan- Additionally, the legislation that we warming and reduce our dependence on tage enjoyed by manufacturers in for- are debating has no references to nu- foreign oil, including aggressive steps eign countries. We must aggressively clear power. I had planned to address to improve energy efficiency and de- enforce our own trade laws, and ad- this through the amendment process ploy renewable energy that will benefit dress the fact that many of our trade but unfortunately, we were unable to our economy and help create millions competitors do not regulate carbon. advance the debate on this bill. How- of new jobs. I believe that we can and I have serious reservations about the ever, make no mistake, if we are to se- should make this bill even stronger, underlying bill. The President quickly riously address climate change, nu- and I hope that we can do that as we issued a veto threat. For myself, I will clear must be part of the solution. The continue to consider the bill. For now, continue to support procedural votes to founder of Greenpeace, Dr. Patrick we need to move forward on this impor- keep this debate moving forward, but Moore, said it best: tant legislation. That is why I would let me be clear—I cannot support the Nuclear energy is the only large-scale, vote for cloture on this legislation if I bill in its current form. My amendment cost-effective energy source that can reduce were able to be present in the Senate will improve the bill, but I believe the these emissions while continuing to satisfy a for the vote. The time is now to move need for major, urgent, front-loaded growing demand for power. And these days it forward and deal with global warming, CCS research, development, and de- can do so safely. and I urge my colleagues to vote for ployment transcends the bill before us. When it comes to climate change leg- cloture.∑ I intend to bring it back on other legis- islation, I am not a scientist and I Mrs. BOXER. I suggest the absence of lation moving in the future, and we don’t pretend to be. So instead of fo- a quorum. should not hesitate to act on CCS as cusing on the science of the issue, I The PRESIDING OFFICER. The soon as possible, regardless of the out- would like to focus on what I know. clerk will call the roll. come of this debate. And that is: we have an obligation to The assistant legislative clerk pro- Mr. GRAHAM. Madam President, limit what we emit into the atmos- ceeded to call the roll. over the past 5 years there has been a phere. Mr. CHAMBLISS. Madam President, sea-change in the way we talk about Additionally, there is growing alarm I ask unanimous consent the order for climate change. I was hoping that this over the national security implications the quorum call be rescinded. debate would serve as an opportunity of climate change. From scarcity of The PRESIDING OFFICER. Without to constructively discuss the issue. Un- food to increasing energy dependence, objection, it is so ordered. fortunately, we are unable to offer the imperative to address this issue is Mr. CHAMBLISS. What is the amendments or probe into the contents growing. We need to use climate present business before the Senate? of this legislation. That is a real change legislation as a driver for the missed opportunity and I will be forced new technologies that will enable us to f break free from dependency on foreign to oppose cloture. FOOD, CONSERVATION, AND Make no mistake about it; the Sen- energy sources. ENERGY ACT OF 2008 ate needs to discuss climate change. There is a lot of concern over the We need an in-depth debate about cli- economic impact of climate change The PRESIDING OFFICER. Under mate change legislation which will legislation. This is an important de- the previous order, the Senate will pro- have profound environmental and eco- bate. We have to be honest; addressing ceed to the consideration of H.R. 6124, nomic impacts. Senators must be able this issue will have a significant cost which the clerk will report. to offer amendments in order to im- and significant benefits associated with The assistant legislative clerk read prove the legislation. That last time it. However, I do believe that we can as follows: the Senate considered legislation with craft legislation that can achieve our A bill (H.R. 6124) to provide for the con- as broad an environmental scope, the goals in a manner that benefits both tinuation of agricultural and other programs Clean Air Act, we spent a total of 5 our environment and our economy. of the Department of Agriculture through weeks debating the bill and took close Manufacturers of components for nu- fiscal year 2012, and for other purposes. to 180 votes. With this legislation, we clear power plants, windmills, and Mr. CHAMBLISS. Madam President, are taking less than a week and voting solar power are looking to Washington I believe under the unanimous consent, on zero amendments. to ascertain what the market will be Senator HARKIN and I have 10 minutes I applaud the work that Senators for their products. Climate change leg- equally divided, Senator COBURN has 20 WARNER and LIEBERMAN have done on islation can send the signals to the minutes, Senator DEMINT has 30 min- this issue. The bill certainly advances market that will foster innovation and utes; is that correct? the climate issue and they deserve our drive technology development; espe- The PRESIDING OFFICER. I believe appreciation. This legislation marks a cially in the area of nuclear power. the Senator is correct. truly comprehensive effort to address Ultimately the Senate will come to- Mr. CHAMBLISS. At this time I be- this issue. gether in the next few years to lieve Senator COBURN requests the Despite their best intentions, the thoughtfully address this issue. I look floor. Boxer substitute amendment that is on forward to being a part of that debate, The PRESIDING OFFICER. The Sen- the floor right now has some provisions and a part of the solution. ator from Oklahoma is recognized. that are troubling and omits important ∑ Mrs. CLINTON. Madam President, Mr. COBURN. Madam President, I ap- solutions to climate change that need the scientific consensus is clear: strong preciate the cooperation of Senator debate. and swift action to reduce greenhouse HARKIN and Senator CHAMBLISS on al- Of particular concern to me was the gas emissions is needed to prevent cat- lowing us to have some discussion on inclusion of a provision in the legisla- astrophic effects of climate change. the farm bill. The attempt was made to tion that limited the number of credits That is why the debate this week in pass this by unanimous consent. Unan- rural electric co-ops were eligible to re- the Senate about the cap-and-trade bill imous consent means that every Sen- ceive. These credits were further nar- crafted by Senators BOXER, LIEBERMAN ator in the body agrees with the bill, rowed by a pilot program that diverted and WARNER is so important. This bill agrees it should be passed, agrees it 15 percent of the remaining credits to makes steep reductions in emissions, should not be amended, and should not co-ops in Virginia and Montana. Co-ops encourages the development and de- be debated. and municipal power generators must ployment of clean energy technology, I will offer no amendments in work- be treated equitably with investor provides assistance for American fami- ing with Senator CHAMBLISS and Sen- owned utilities, IOUs. In 2005, we lies, training for workers that the ator HARKIN. However, I think it is passed an energy bill that left out co- clean energy industry will demand. I very important, especially in light of

VerDate Aug 31 2005 06:27 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.073 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5183 the recent WTO ruling which allows We have no metrics in that. There are ing opportunities and, in the bill itself, Brazil to administer approximately $5 none. preventing obesity. We are going to billion in punitive penalties on Amer- The bill steals money, much to the prevent obesity by buying land. ican products going to Brazil because chagrin of the leaders in the Senate, Finally, the bill fails to rein in the we are WTO noncompliant. I come from for true agricultural programs and puts USDA. It is the fifth largest corpora- a farm State and I want to tell you I it into things that are not agricultural tion in the world. It has 115,000 employ- think this bill is not good for my farm- at all. We took $250 million in an ear- ees—11,000 here in DC. We are still ers. As a matter of fact, I know it is mark in this bill for the Nature Conser- going to have a top-heavy bureaucracy not good for my farmers, especially vancy to buy land in Montana for one and we are going to spend money on when we think out in the distance. person. We are constructing a Chinese the bureaucracy instead of on the pro- Input costs have more than doubled water garden in Washington, DC, in the duction of food, efficiency in the farm, for production agriculture in this coun- Arboretum, from a gift from the Chi- and guaranteeing that Americans will try and the assumption—not implic- nese—but now we are going to pay for have a safe and secure food supply. itly, but nevertheless in this bill is the it. We are spending $3.7 million in a This is not to denigrate my col- assumption of good prices in the fu- noncompetitive grant for the Univer- leagues. Most of this they didn’t agree ture. Anybody who has been around sity of the District of Columbia to up- with. They had to trade to keep a half- farm community for any period of time grade agriculture and food science fa- way commonsense bill, so I don’t want recognizes that farm prices are erratic. cilities. Granted, it is a land grant col- Senator HARKIN or Senator CHAMBLISS My thoughts are what do we have in lege. Why should not it have to com- to think—and I know through my con- the farm bill when corn prices are back pete? How do we know that is the best versations with them that this is stuff at $3 a bushel, when wheat prices are place to spend the $3.75 million? they had to swallow, coming out of a back at $2.50 or $3 a bushel, and when We are spending money, at a time we conference committee. This bill was soybeans are back down at $5 a bushel are going to come close to a $1 trillion never going to be easy. Yet after nearly with input costs doubled? What we deficit, on historic barn preservation? 2 years of debate, Congress is going to have done is we have cut $3.5 billion We are going to preserve falling-down pass a bill that fails to prioritize agri- from the commodity title in this pro- barns at the time we add $3,000 per cultural spending in any meaningful gram. man, woman, and child in this country way and what I believe, and it is my The one thing that WTO says is com- to their debt? We create a farm and opinion, that what in the future will be pliant is direct payments. We have cut ranch stress assistance network. After is life very much more difficult for the them by $313 million. I don’t want this bill they are going to need it. They American farmer and rancher. farmers to get anything if they don’t are going to need it—especially if crop Mr. DEMINT. Madam President, in a need it, but food is important to us and prices fall. The safety net is gone. few minutes the Senate will once again I do not disagree that we will use agri- We have the highest prices histori- vote on a farm bill that expands the culture to help us in our energy needs. cally we have ever had for asparagus Federal Government’s management of But I think in the long run we have not and yet we put $15 million for aspar- farm and food programs while spending done what we need to do for the Amer- agus prices from 3 years ago in this over $600 billion during the next 10 ican farmer. bill. More importantly, and this is not to We have $50 million for the Sheep In- years. I do not want to diminish in any degrade the very hard work that was dustry Improvement Center that has way all the hard work of my Repub- done by the Agriculture Committee two employees in Washington, DC. It lican and Democratic colleagues and and the conference committee, is that halts a previous law that was going to their very capable staff, but I rise we have missed an opportunity to be privatize the center. today to ask my fellow Senators to good stewards with Americans’ money. We also have a wonderful study to stop and think about what we are doing How can that be so? One is the bill ex- study methane release from livestock to our country—not go just with this tends ethanol provisions as livestock operations. I would like for us to know, bill but what we have done as a Con- producers and consumers are strug- in the natural physiologic condition of gress and as a Federal Government gling to pay for higher feed costs. It cattle, how we are going to eliminate over the last few decades. takes 2 pounds of feed to gain a pound flatulence? How we are going to spend The farm bill is a symptom of a big- of weight in a chicken. It takes 4 money? We know it is there. We know ger problem. We are often so focused on pounds of feed to gain a pound in a hog. how much is there based on how many specific problems and issues and legis- So the input costs on food have risen head of cattle there is. We are going to lation that we fail to see the cumu- dramatically. spend money to study it. lative effect of our work over many We didn’t eliminate the import duty More importantly, this bill offends years. We can start with what we have on ethanol. If we think ethanol is an one of the most cherished beliefs of done to our culture and the character important aspect of our freedom in farmers and ranchers, and that is prop- of our people. For several decades, this terms of energy independence, why do erty rights—a guaranteed right in this Congress and our courts have turned we have an import duty on ethanol country is put at risk under this bill. right and wrong upside down and en- coming into this country? Why did we In addition to the $250 million for the couraged all kinds of costly and de- not fix the dollar blending for biofuels, Nature Conservancy to buy more land, structive behavior. Our welfare pro- biodiesel? Now large quantities are this bill authorizes the Community En- grams have encouraged an epidemic of coming into this country. A small forced and Open Space Conservation unwed births that cost our country quantity of diesel is being blended to Program, which will give grants to over $150 billion a year and is the it, they are collecting $1 from the Fed- local governments—Federal money; we major contributor to child abuse, eral Government and shipping the bio- don’t have it but we are going to give crime, poverty, and school dropouts. diesel fuel to Europe where they can grants—and tribes, to buy up private Our courts have ruled that pornog- get more money for it. What in fact we forest land and put it into the hands of raphy, abortion, and gay marriage are did not eliminate is the subsidy to Eu- the Government. We are not going to constitutional rights. The Federal Gov- ropean biodiesel in this bill. have an option. We are going to let the ernment has expanded casino gambling This is basically a food bill, it is not Government agency give grants and we by legalizing it on Indian reservations, an agricultural bill. Madam President, are going to take land away from pri- even in States where gambling is ille- 73 percent of this bill goes for food and vate landowners. That is what we are gal. All these decisions and policies there are absolutely no metrics on going to do. That is ultimately what have proved destructive and costly to what we are doing in terms of our food will happen. our country. programs. There is no measurement, We added 100 million acres in Govern- The Federal Government’s attempts there are no performance indicators, ment land in the last 5 years in this to manage America’s institutional there are no qualifications as to are we country. We added 100 million acres. services and economy have been equal- meeting the needs? Is the money we What was the purpose for this? The ly devastating. Over the past 10 years, are spending accomplishing our goal? guise of protecting water supply, hunt- while I have been in the House and the

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.077 S05JNPT1 smartinez on PROD1PC64 with SENATE S5184 CONGRESSIONAL RECORD — SENATE June 5, 2008 Senate, I have seen this Congress at- Two years ago, in the name of the envi- New programs for Kentucky horse tempt to manage many aspects of our ronment, this Congress mandated a breeders, Pacific Coast salmon fisher- lives and our economy. massive increase in the use of ethanol men, and spending to help finance the I will start with education. The qual- and gasoline. Since then, the price of dairy industry’s ‘‘Got Milk?’’ cam- ity of American education has declined gasoline has nearly doubled and food paign, so we should see more commer- since the 1970s, when the Federal De- prices have increased dramatically cials soon. partment of Education was established. around the world. It increases the price supports for the By the year 2000, when President Bush Why do I mention all these things sugar industry and guarantees 85 per- took office, our Government-run edu- that do not appear to relate to the cent of the domestic sugar market at cation system was clearly not pre- farm bill? I do it to remind my col- these guaranteed prices. There is a $257 paring our children to compete in the leagues and all Americans that this million tax earmark for the Plum global economy. Congress cannot manage any aspect of Creek Timber Company, which is the No Child Left Behind expanded the our country, and it is not intended to. Nation’s largest private landowner, and Federal role and Federal spending even Our job is to create a framework of law a multibillion dollar company with a more. But there has been little discern- where freedom can prevail. market capitalization in excess of $7 ible progress. We see some progress in Instead, we attempt to manage where billion. They are better off than we are charter schools and specialty schools we cannot, and there is no evidence we as a government. and other types of schools that break have ever created any program that ef- The language requires the U.S. For- away from the Federal mold. fectively or efficiently managed any est Service to sell portions of the But this Congress continues to re- aspect of the American economy or any Green Mountain National Forest exclu- strict the flexibility of States and the aspect of our lives. Why do we continue sively to the Bromley Ski Resort. freedom of parents to choose a school to produce these massive Government There is $1 million for the National that works for their children. programs and spend trillions of dollars Sheep and Goat Industry Improvement We should also talk about what this with the pretense that they will actu- Center; politically targeted research Congress and the Federal Government ally work and make America better? earmarks for agricultural policy re- has done to our health care system. This Congress reminds me of Steve search centers at specific universities Medicare and the Government fixed- Urkel from the 1990 sitcom series instead of allowing all universities and rate system control virtually all the ‘‘Family Matters.’’ Steve and his clum- colleges to fairly compete for funding health care in America today. A few siness regularly created a disaster based on merit. years ago, this Congress decided to add wherever he went. He would always According to Citizens Against Gov- prescription drug coverage to Medi- turn around and look at the destruc- ernment Waste, this farm bill includes care, even though the program was al- tion he caused and ask innocently: Did $5.2 billion annually in direct payments ready going broke. I do that? to individuals, many of whom are no Now, the program is hopelessly un- Well, colleagues, when you look at longer farming, without any regard to derfunded, and we continue to cut what the price of gasoline, the condition of prices or income, 60 percent of which Medicare pays doctors and hospitals to our economy and our culture, the an- go to the wealthiest 10 percent of re- see our senior citizens. The problem is swer is: Yes, you did do that. cipients. fewer and fewer doctors want to see America is the greatest Nation in the From where I stand, this bill looks Medicare patients because they lose world. We have been blessed in ways like another big-spending Washington, money when they treat them. So they other nations can only dream of. Yet DC, giveaway to special interests. Do charge their patients with private in- our future is uncertain. We face defi- we not understand the mess we are in? surance more so fewer Americans can cits as far as the eye can see. We are Total Government spending has now afford private insurance. staring down the barrel of a looming fi- reached more than one- third of Amer- And fewer and fewer students are nancial crisis that threatens to bank- ica’s economy. U.S. tax rates keep get- going into medicine because it is clear rupt our country. Yet we continue to ting more burdensome. Our top cor- they are not going to be paid enough to spend money like there is no tomor- porate tax rate and income tax rate is make a decent living. So we now expect row. 35 percent, while Europeans are under- and predict a physician shortage crisis If action is not taken soon, we will cutting American companies by low- as millions of baby boomers are retir- reach a tipping point in our two major ering their rates significantly. ing. The solution for us is to make sure entitlement programs, Social Security Recently, a front-page article in USA every American has an insurance plan and Medicare, in which the programs Today found that American taxpayers they can afford and keep, not to try to will pay out more money than they are on the hook for a record $57.3 tril- manage health care from Washington. take in. lion in Federal liabilities to cover the Social Security is another example of Our national debt is over $9 trillion lifetime benefits of everyone eligible Government mismanagement. Instead today. And still, Washington will spend for Medicare, Social Security, and of saving the taxes we take from work- over $25,000 per household this year. We other Government programs. ers for Social Security, Congress has are hopelessly addicted to spending. It USA Today’s analysis went on to spent every dime, trillions of dollars. is no wonder Congressional approval point out that this is nearly $500,000, Now, in less than 10 years, Social Secu- numbers continue on a downward spi- $1⁄2 million, for every American house- rity taxes will not be enough to pay ral. Nobody trusts us anymore, and, hold. When obligations of State and benefits to seniors. Congress refuses to frankly, we do not deserve the trust of local governments are added, the total even talk about it. the American people because we con- rises to $61.7 trillion, or $531,000 per Let’s not forget what the Federal tinue to blindly spend their hard- household. That is more than four Government has done to our energy earned tax dollars while racking up times what Americans owe in personal situation in this country. Congres- hedge debts for our children and grand- debt such as mortgages. sional attempts to manage America’s children that they will be forced to While we are spending and taxing our energy industry have been disastrous. repay. way to reelection, many of our global To supposedly protect the environ- Now, here we are again, taking a competitors are lowering their tax ment, the Democrats shut down the de- brief break from the climate tax bill rates and streamlining their econo- velopment of new nuclear powerplants that would cost the American people mies. Countries such as Ireland are back in the 1970s. So America burns a trillions of dollars to reconsider an- lowering their tax rates and encour- lot more coal, while other countries ex- other big-spending boondoggle. The aging economic growth within their panded nuclear and reduced their coal farm bill which weighs in at over $600 borders. consumption. billion over the next 10 years, is chock- As a result, they are growing their Now, the Democrats want to add full of pork and excessive subsidies for economies and creating jobs. And we huge taxes on coal to protect the envi- favored and special interests groups. wonder why we are falling behind? We ronment, while still stalling develop- The bill has numerous wasteful are falling behind because of political ment of nuclear generation. Go figure. spending provisions. I will name a few: mismanagement. This is what happens

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.078 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5185 when politicians think more about There being no objection, the mate- Committee, it is assembled, printed on reg- their next election than they do about rial was ordered to be printed in the ular white paper and proofed against the the next generation. When this hap- RECORD, as follows: original Committee Conference Report. Once pens, it becomes all about us and not the bill has been reviewed it goes through an To: House Republican Members. electronic conversion process and is printed about the American people. Fr: Roy Blunt. on parchment paper but not compared to the This big-spending farm bill is a per- Dt: May 22, 2008. Committee Conference Report again. We be- fect example of this kind of political Re: The Democrat Majority’s Farm Bill Foul lieve that Title III was dropped during the mismanagement. The leadership of this Up. conversion process. Congress was in such a hurry to pass a We all know that mistakes happen, but it The current process of proofing the white big-spending giveaway to special inter- is how you respond to a mistake once you paper copy was adopted ten years ago as a are aware of it that matters. The attached cost saving measure due to the high cost of ests that they actually violated the memo outlines some of the most disturbing Constitution to do it. Even a parchment paper. That process has been re- aspects of how the Democrat Leadership is scinded effective immediately. We are insti- schoolchild knows the Constitution re- handling the enrollment errors surrounding quires the House and the Senate to tuting a new process whereby we will proof- the Farm Bill. read the parchment copy of the bill against pass the same bill and then present it What Did They Know, When Did They Know the Committee Conference Report instead of to the President for his signature. It, and What Did They Do About It?: the white paper copy. This procedure will But, apparently, the Constitution is It appears the Democrat Leadership was eliminate potential issues with the docu- not as important to some as passing a informed by the Office of the Law Revision ment conversion process. We have begun a $600 billion spending bill. The farm bill Counsel and the Committee on Agriculture review of the electronic conversion process that was presented to the President for that the bill sent to and vetoed by the Presi- to insure that problems are identified early. his signature or veto was not the bill dent was erroneous PRIOR to consideration During a review of this process, Enrolling passed by the House of Representatives of the veto override. Division staff expressed a concern in receiv- Despite this knowledge and despite re- ing direct calls from Leadership and the and the Senate. quests from staff from the Republican Lead- The bill Congress voted on differed Committee to accelerate the enrolling proc- er’s office, the Democrat Leadership pro- ess. In order to effectively move the enroll- materially from the version that was ceeded with the veto override of a bill they ing process of bills, we strongly urge that all presented to the President. It con- knew was not the bill passed by both Houses communication is funneled through the tained a whole additional title, span- of Congress. Speaker’s Office, thus allowing the Enrolling ning 35 pages, dealing with inter- Importantly, there were opportunities to Division to have an orderly process. national aid shipments and foreign correct the enrollment error consistent with We are working diligently to make sure it trade. Quite simply, what the Presi- past practice and in a constitutionally sound will not happen again. dent vetoed and what the House and manner if the Democrat Leadership had not rushed ahead with the veto override. Once the Senate held a veto override vote on [From Roll Call, June 5, 2008] they moved forward, however, they fore- FARM BILL GLITCH STALLS HOUSE was not the bill Congress passed. It, closed those opportunities. therefore, failed the requirements of When confronted on the House Floor by (By Steven T. Dennis) the Constitution and could not be the Republican Leader, Whip, and Rules Two days before the Memorial Day recess, treated as law. That is why we have Ranking Member, the Majority Leader de- the House devolved into chaos Wednesday this new bill on the floor today. fended the Leadership’s actions and pro- night over a technical error in the way the Regardless of the reasons for this fessed a constitutional theory that so long as farm bill was sent to President Bush, who ve- both the House and Senate had passed the toed it on Wednesday morning. constitutional, I will not say crisis, but According to House Majority Leader Steny mess, the fact is an officer of the House same language, it didn’t matter whether or not the Speaker sent the whole bill passed by Hoyer (D–Md.), the enrolling clerk inadvert- and an officer of the Senate usurped the House and Senate or simply parts of it to ently omitted the entire Title III section of the will of the two bodies and materi- the President. the bill after the House and Senate had both ally changed the content of legislation. The Dangers of the Democrats’ New Theory: passed it, but before it was sent to the presi- Even worse, by holding a veto over- dent. Under the theory espoused by the Majority ride, Congress attempted to make a bill The mistake was not noticed by lawmakers Leader, the Speaker of the House can simply or President Bush until after he had vetoed it never passed the law of the land. pick and choose (either overtly or as a result This is why I voted ‘‘present’’ on the it. The House proceeded to override Bush’s of a mistake made by an enrolling clerk) veto, 316–108, late on Wednesday. farm bill. Once we were aware of the which parts of final bills to send to the But House GOP leaders quickly objected, mistake, we should have stopped and President. If she is uncomfortable with a raising constitutional issues and harkening passed a temporary extension. This provision that was included as part of a com- back to Democratic protests over a $2 billion abuse of power or sloppiness may only promise, she could in theory exclude it from enrolling error in the Deficit Reduction Act be the consequence of incompetence, the bill when she sends it to the President. signed by Bush in 2006. That action resulted but if we do not draw the line in the Importantly, the Speaker’s decision to in a slew of lawsuits. omit language if challenged by Members of sand and demand that our bills meet House Agriculture Chairman Collin Peter- the House through a question of privilege, son (D-Minn.) said he hoped his bill would constitutional requirements, what will can simply be tabled by the majority. stop even greater, and possibly even avoid that fate. Who Pressured the Enrolling Clerk to Quick- ‘‘There better not be any damn lawsuits. more malicious, abuses of power? ly Complete the Enrollment: I’m tired of it,’’ he said of the bill. The Senate needs to reject this bill, In a memo prepared by the House Clerk on But Republicans were not so sanguine, pass a year-long extension of the farm May 21, 2008, the Clerk asserts that part of with House Minority Leader John Boehner bill, and go back to the drawing board the mistake was a result of a ten-year-old (Ohio) saying he might even make a motion so the policy and the process are some- flawed enrolling process, yet she goes on to to vacate the override vote. thing we can be proud of and that will state that ‘‘During a review of this process, ‘‘What’s happened here raises serious con- truly strengthen our Nation. Enrolling Division staff expressed a concern stitutional questions,’’ Boehner said. ‘‘I We must come to grips with the fact in receiving direct calls from Leadership and don’t know how we can proceed with the that our actions are hurting the Amer- the Committee to accelerate the enrolling override as it occurred.’’ ican people. We cannot continue to process.’’ Who pressured the enrolling staff? ‘‘Nor do I think we should proceed with some attempt to fix it until such time as we spend and spend and expect our econ- To: Hon. Nancy Pelosi, Speaker; understand what happened, what are the omy to remain strong and free. Already Hon. John Boehner, Republican Leader; precedents of the House and how do we move our spending is catching up to us. I Hon. Steny Hoyer, Majority Leader. forward,’’ Boehner said. hope we will think long and hard about Form: Lorraine C. Miller, Clerk. Hoyer suggested that leadership from both our actions. What we are doing will Re: Farm Bill Omission. sides of the aisle meet to hammer out a com- hurt future generations. Date: May 21, 2008. promise with the current farm bill expiring I urge my colleagues to vote against Today’s issue with H.R. 2419, Food Con- on Thursday and a one-week recess set to the bill. I ask unanimous consent to servation and Energy Act of 2008, was the re- start Friday night. sult of a ten year old flawed enrolling proc- Noting that Title III was not controversial, have printed in the RECORD some infor- ess. The process did not validate the parch- Hoyer suggested that the House take it up mation regarding enrollment and the ment copy of the bill against the Committee under suspension of the rules on Thursday problems we have been having with Conference Report. and then send it on to the president. He did getting our bills sent to the President Normally when a bill is received by the En- not see any constitutional issues at first in the correct order. rolling Division in multiple sections from a glance, the Democrat noted, because both

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.079 S05JNPT1 smartinez on PROD1PC64 with SENATE S5186 CONGRESSIONAL RECORD — SENATE June 5, 2008 the House and Senate passed an identical Supreme Court announced the ‘‘en- gress swears allegiance to the Con- farm measure. rolled bill rule,’’ to assuage any con- stitution of the United States in an But House Minority Whip Roy Blunt (R- stitutional consternation held by Sen- Oath. Members ‘‘solemnly swear . . . Miss.) contended that a president could not selectively veto portions of a bill, and said ators. However the Senator from Ne- [to] support and defend the Constitu- such a move raised all kinds of constitu- vada mischaracterizes the Supreme tion . . . [to] bear true faith and alle- tional questions. Court’s ruling in Marshall Field, as the giance to the same . . . and . . . [to] ‘‘The concept that we can start sending decision relates only to the: well and faithfully discharge the duties bills over piecemeal . . . is a flawed con- . . . nature of evidence upon which a court of the office’’ to which elected. The cept,’’ Blunt said. may act when the issue is made as to wheth- Oath of Office imposes an obligation on Blunt later told reporters that the House er a bill, originating in the house of rep- Members of Congress to interpret the and Senate should redo the farm bill in its resentatives or the senate, and asserted to Constitution and act within its frame- entirety to avoid legal problems. have become a law, was or was not passed by work. ‘‘I’d like to see a farm bill pass that no congress. judge can say is not the farm bill,’’ Blunt The Presentment Clauses of the Con- said. The Marshall Field Court did not ad- stitution require the assent of both Boehner conceded that mistakes happen, judicate the constitutionality of an im- chambers for each bill presented to the but said that the House should not have properly enrolled bill, but rather only President. Article I, Section 7, Clause 2 moved forward with an override vote once reached the question of justiciability. provides: the mistake became clear. The Court did not find the issue of con- ‘‘In deference to all Members, we could Every Bill which shall have passed the stitutionality justiciable. Marshall House of Representatives and the Senate, have waited before consideration of the over- Field merely expressed the Supreme ride so all Members could understand what shall, before it become a Law, be presented they’re dealing with,’’ Boehner said. Court’s deference to a ‘‘coequal and to the President of the United States; If he Peterson learned of the glitch late Wednes- independent’’ department’s internal approve he shall sign it, but if not he shall day, after President Bush vetoed the bill. authentication processes. A bill signed return it, with his Objections to that House ‘‘For some reason, the machine didn’t by the Speaker of the House and the in which it shall have originated . . . print it out and nobody noticed it,’’ Peterson President of the Senate, ‘‘in open ses- Article I, Section 7, Clause 3 elabo- said. Peterson said he was told the presi- sion . . . is an official attestation by rates: dent’s staff noticed the error after he vetoed the two houses’’ that a bill received the Every Order, Resolution, or Vote to which it. the Concurrence of the Senate and House of Title III of the farm bill, dealing with consent of both chambers for the pur- Representatives may be necessary (except on trade and foreign aid provisions, was omitted pose of justiciability. a question of Adjournment) shall be pre- as a result. Marshall Field received renewed at- sented to the President of the United States Peterson said that they had asked the Par- tention in recent years as courts grap- ... liamentarians if they could simply re-enroll pled with circumstances similar to the bill and send it to the president, but the those presented by the Farm Bill. The The two clauses stipulate ‘‘the exclu- Parliamentarians objected. Deficit Reduction Act of 2005 generated sive method for passing federal stat- ‘‘After all I’ve been through, I thought, utes.’’ Bills enrolled and presented to ‘What can happen today? ’ Peterson said. litigation that challenged the Act’s constitutionality because ‘‘it did not the President must have received the Peterson predicted that the provision on assent of both the House and Senate, its own would still have enough support to pass the House in the form in which it override a veto, although he held out hope was passed by the Senate, signed by irrespective of authentication by the that Bush might sign it. the President, and enrolled as a Public Speaker of the House and the President of the Senate. Mr. DEMINT. Mr. President, the Con- Law.’’ The litigation did not provide stitution requires Congress to observe any ruling on the merits; the ‘‘enrolled So we’ve had bicameralism without certain processes to make statutory bill rule’’ promulgated in Marshall presentment for the engrossed bill. And law. Contrary to the apparent assump- Field precluded the district courts we’ve had presentment without bi- tion of some in this body, Congress from any examination of ‘‘congres- cameralism for the enrolled bill. Nei- does not possess the power to inten- sional documents . . . to ascertain ther is sufficient. Contrary to the posi- tionally ignore requirements provided whether the language in the enrolled tion of the Speaker of the House and in the Constitution’s text. Article I, bill comport[ed] with versions that ap- the Senate Majority Leader, authen- Section 7, prescribes a bicameral re- pear in legislative sources which tication of an invalid bill does not dis- quirement to present a bill to the precede[d] enrollment.’’ The ‘‘claim of place the bill’s nugatory status; the President. H.R. 2419, as enrolled, did unconstitutionality for a violation of signatures of the Speaker of the House not pass both chambers of Congress. Article I, Section 7, ‘is not legally cog- and President of the Senate do not rep- The House and Senate passed Farm nizable where an enrolled bill has been resent the will of the House and Senate Bill included Title III. A clerical error signed by the presiding officers of the and fall short of the bicameral require- omitted the entirety of Title III in the House and Senate as well as the Presi- ment in the Presentment Clause. Con- enrolled bill presented to the Presi- dent.’’’ gress may not jettison or suspend dis- dent. The bill sent to the President, no The judiciary’s reluctance to enter- agreeable parts of the Constitution. matter the significance of the error, tain the merits of claims under Article The Bill, as presented to the President, did not receive the consent of both I, Section 7 does not bar members of did not receive the consent of both chambers of Congress, and therefore the House and Senate from consider- chambers. As such, the bill is null and fails to fulfill the necessary predicate ation thereof. President Jackson expli- void, for it does not meet the require- to presentment contained in the Pre- cated the authority of each branch to ments set forth in the Constitution. sentment Clauses of Article I. In fact, interpret the Constitution independ- Shall this Congress crucify the Con- the measure sent to the President does ently: stitution on the cross of agribusiness? not qualify as a ‘‘bill’’ at all under Ar- The Congress, the Executive, and the Court Mr. DURBIN. Mr. President, for con- ticle I, Section 7. I implore the Presi- must each for itself be guided by its own sideration of this version of the farm dent to disregard H.R. 2419 as an uncon- opinion of the Constitution . . . It is as much bill, I reference and reiterate the state- stitutional measure, without the sta- the duty of the House of Representatives, of ments I made for the RECORD regarding tus of law. the Senate, and of the President to decide the farm bill’s nutrition assistance upon the constitutionality of any bill or res- Despite the dubious status of the title when the Senate overrode the olution which may be presented to them for President’s veto. Farm Bill, the Majority Leader assured passage or approval as it is of the supreme the Senate that: judges when it may be brought before them The PRESIDING OFFICER. The Sen- We have a good legal precedent going back for judicial decision. The opinion of the ator from Iowa is recognized. to a case . . . in 1892, when something like judges has no more authority over Congress Mr. HARKIN. Madam President, I am this happened before. It is totally constitu- than the opinion of Congress has over the sorry we have to be back on the floor tional to do what we are planning to do. So judges, and on that point the President is again with the farm bill. I was hoping no one should be concerned about that. independent of both. we might have a voice vote, since we The Majority Leader alluded to Mar- Upon election and in cases of subse- have all voted on this twice before; I shall Field & Co. v. Clark, in which the quent reelection, every Member of Con- am sure no votes would change.

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.053 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5187 But I did wish to at least explain for and Agricultural Organization of the I yield the floor. the RECORD and for Senators why we United Nations is wrapping up in The PRESIDING OFFICER (Mr. are here. Now, the Senator from South Rome. The specific food aid programs WHITEHOUSE). The Senator from Geor- Carolina talked about the missing authorized in this title are the title II gia. title, and how it rendered the veto Food for Peace program; the Food for Mr. CHAMBLISS. How much time do override process unconstitutional. Progress program; the McGovern-Dole I have remaining? Well, I am as upset about it as any- Food for Education Program; and the The PRESIDING OFFICER. The Sen- one else. I know Senator CHAMBLISS is holding of food stocks for emergency ator has 5 minutes remaining. too. We are all upset about this. But purposes under the Bill Emerson Hu- Mr. CHAMBLISS. I yield 1 minute to let me try to put it in perspective as to manitarian Trust. the Senator from North Dakota. what happened. The House passed a Although authority for most of these The PRESIDING OFFICER. The Sen- bill, we passed a bill. We got to con- programs expired on May 23, a short- ator from North Dakota. ference. We worked it all out. term lapse, as I have talked with the Mr. CONRAD. Mr. President, I thank It went to the enrolling clerk in the U.S. Agency for International Develop- Senator CHAMBLISS for this minute. I House. How this happened I don’t ment, does not cause serious problems. thank the chairman of the committee know. But somehow the enrolling A longer lapse, however, would impede as well for his leadership in bringing clerk, in enrolling it, dropped title III. our ability to provide food aid. The new this bill back because of the unfortu- There are 15 titles to this bill. One title trade title needs to be enacted for nate clerical error made in the House was left out. For some reason no one these programs to be operational that necessitates it. I wanted to report caught it. So the bill was held by the again. Right now, according to the briefly to our colleagues on the budget enrolling clerk for 3 or 4 days. The USAID administrator, we cannot enter circumstances, because we have seen President was overseas. He came back into any new agreements for assistance misreporting in the press, and it needs on Monday night, on May 19th I be- under the title II program. USAID has to be made abundantly clear the budg- lieve, and the enrolling clerk then sent identified need for emergency assist- et circumstance we face. the bill down to the White House the ance in Ethiopia and Somalia, and re- The conference report on the Food, next day. The White House didn’t catch cently finalized a deal with North Conservation, and Energy Act that was it either. The President vetoed the bill, Korea for proper oversight of food aid overwhelmingly supported on a bipar- sent it back down to the Hill. It was provided to that country. None of these tisan basis in both the House and Sen- only then, before it came up for a veto activities can move forward until we ate is fully paid for over both the 5- override in the House, that it was real- enact the trade title into law. USAID and 10-year periods. That is not my de- ized that one title was missing. I don’t wants to provide additional food aid termination; that is the determination believe there was any maliciousness to under title II to the people of Burma in of the Congressional Budget Office. this. Nothing was materially changed. the aftermath of the cyclone, but they They say over the first 5 years, it saves When the Senator from South Carolina can’t do that until we enact this title. $67 million; over 10 years, it saves $110 spoke about this problem, it sounded as Were an event, God forbid, of the mag- million. The farm bill is fully pay-go if there was some underhanded effort nitude of the 2004 East Asian tsunami compliant. It is fully paid for. It does to materially change the bill. That was to occur or an earthquake or some not add a dime to the debt. The bill is not the case. It was simply a mistake other natural disaster, the United identical to the conference report al- the enrolling clerk made. Again, why States Government would not be able ready passed and scored by CBO. The that happened and how, there has been to respond immediately with food aid spending contained in the original bill a lot of talk about that. I don’t know. unless we pass this title. That is why it has already been assumed. Therefore, I am fairly convinced that it was an in- is so important that we do this. this legislation has no additional cost. advertent clerical error. I might also add that the Govern- I urge my colleagues to support this Secondly, I want to correct one other ment Accountability Office had given legislation. We have passed it over- misstatement by the Senator from us numerous recommendations for re- whelmingly before. I wanted to make South Carolina. When we overrode the forming our food aid programs. I won’t certain that this is in the RECORD so it President’s veto on 14 of the 15 titles, go through all of those, but there were is understood that this bill is fully paid the Parliamentarian basically told us three basic recommendations needing for. It adds nothing to the debt. that those titles did become law. They statutory changes. All three of those Again, I thank our colleagues: the are the law of the land. So 14 of the 15 are addressed in the trade title. All in chairman of the committee, for his vi- titles are law. What is not law is title all, the provisions of this title are non- sion and leadership; and to our very III that was left out. It was decided controversial and needed to ensure the able ranking member, the Senator that rather than only taking up title continuity of U.S. food aid and trade from Georgia, who has been such a III and passing it, we would take the promotion programs. rock as we have gone through this whole bill back, include title III in it, I hope we can complete this debate process. We appreciate so much what as it was before, and send it back to and get this title enacted into law as they have done. This is good for the the President. That is what we have be- soon as possible. country. fore us. We have before us basically ex- I thank so much my colleague and The PRESIDING OFFICER. The Sen- actly what we voted on before, no friend from Georgia, Senator ator from Georgia. changes. It is exactly what we voted on CHAMBLISS, for all his hard work on Mr. CHAMBLISS. Mr. President, here before in the conference report on May this bill. It has been a long grind, but we are, as Senator HARKIN said, back 15. I wanted to make that clear, that we have a good bill. We have a farm again for one more vote on the farm nothing has been changed. It is the bill that is supported by every major bill. As I told my colleagues at lunch same exact bill on which we had 81 farm organization in the country, a bill today, I wish I thought this would be votes in the Senate; 81 Members voted that is supported by emergency food the last one. We may have one more, if for the conference report that is ex- groups, the food banks, the religious the President vetoes this bill. We may actly what we have before us today. groups. This was a broadly supported be back here again. But what a great I wanted to take a couple minutes to bill. It is a good bill. It is good for our opportunity it has been to work with underscore the critical importance of States. It is good for our farmers and Chairman HARKIN and Senator CONRAD, doing this and enacting the missing ranchers. It is good for the people of who is my dear friend. We became title. The other titles are law. It is America. I thank Senator CHAMBLISS much closer friends during this process critical that we enact title III which for all his hard work in bringing this because we spent a lot more time to- covers trade and international food aid bill to fruition. gether than we did with our spouses as programs. These provisions not only To all Senators, I apologize that we we got through final negotiation. What reauthorize but they reform a lot of have to be back here again. As I said, great assets they have been for Amer- our programs. As we speak, an emer- this was a mistake made by the clerk ican agriculture. gency summit on the consequences of in the House, not by the Senate. There- I appreciate my colleague from high food prices organized by the Food fore, we have to be here again. South Carolina and my colleague from

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.081 S05JNPT1 smartinez on PROD1PC64 with SENATE S5188 CONGRESSIONAL RECORD — SENATE June 5, 2008 Oklahoma. I told them to come down stand that the vote today on the farm Tester Vitter Wicker and talk about anything they wanted bill was not a vote on this farm bill or Thune Warner Wyden to. They talked about the same things another farm bill; it was a vote on this NAYS—15 we have talked about over the last farm bill or reauthorizing the 2002 farm Bennett Ensign Murkowski three debates on this bill. Is this a per- bill. Coburn Hagel Reed Collins Hatch Sununu fect bill? It absolutely is not. Farm A couple of things that are in here DeMint Kyl Voinovich bills are always massive pieces of legis- that people should know in a conserv- Domenici Lugar Whitehouse lation. It is a 5-year bill. It spends $600 ative way are, No. 1, under the previous NOT VOTING—8 billion over 10 years. I had my staff farm bill that would have been reau- check, though, and while I appreciate Biden Gregg Obama thorized, a farmer could be making up Byrd Kennedy Webb the comments of the Senator from to $2.5 million and still get subsidies. Clinton McCain South Carolina, the 2002 farm bill spent This takes it down to a half million. Mr. CHAMBLISS. Mr. President, I $800 billion over 10 years. So we are Secondly, the three-entity rule is out move to reconsider the vote. $200 billion below the 2002 farm bill on in this farm bill. Previously, someone Mr. HARKIN. I move to lay that mo- a 10-year basis. could be claiming these benefits under tion on the table. Again, it is not perfect. But what it three different farms; now they can’t The motion to lay on the table was does do is provide a school lunch pro- do that. So there are many reasons to agreed to. gram to needy kids as well as kids who vote for this bill other than those f can afford to pay. We are providing things that people have been talking food stamps to people in this country about during the debate. I believe that ORDER OF BUSINESS who would go hungry otherwise. We are is a conservative vote. Mr. REID. Mr. President, it appears providing a food bank supplement to I yield the floor. at this time, for the knowledge of all our food banks around the country that The PRESIDING OFFICER. The Senators, we are going to try to have a provide such great, valuable services to question is on the third reading and vote as early in the morning as pos- hungry people in America. We are pro- passage of the bill. sible on cloture on the global warming viding the right kind of tax incentives The bill (H.R. 6124) was ordered to a bill. Unless someone has some real con- in the form of reforming the Endan- third reading and was read the third cerns, we will probably try to do it gered Species Act in a positive way. We time. around 9 o’clock in the morning so peo- have been trying to reform the Endan- The PRESIDING OFFICER. The bill ple can leave at a relatively early time gered Species Act in all of my 14 years having been read the third time, the tomorrow. That should be the only in Congress. This is the first time we vote we are going to have. We were have been able to do it. We did it with question is, Shall the bill pass? going to try to do a judge, but the com- 250 organizations supporting it. We The yeas and nays are ordered. The mittee’s meeting was objected to have good tax provisions that allow the clerk will call the roll. today, so I didn’t believe that was ap- perpetuation of land so it can’t be de- The assistant legislative clerk called propriate. veloped forever. My children and my the roll. So we are going to do the vote in the grandchildren will have the ability to Mr. DURBIN. I announce that the morning, and we will have a couple of enjoy farmland in my part of Georgia Senator from Delaware (Mr. BIDEN), votes Tuesday morning. Monday is a that they might otherwise not have the the Senator from West Virginia (Mr. no-vote day. Hopefully, tomorrow we opportunity to enjoy. BYRD), the Senator from New York So is it a perfect bill? No. Do we pro- (Mrs. CLINTON), the Senator from won’t be in too late, but we will be here vide a safety net for farmers? You bet Massacusetts (Mr. KENNEDY), the Sen- as late as anyone wants to be here to we do. Prices are not always going to ator from Illinois (Mr. OBAMA), and the talk about anything they want. be high. We depend today on foreign Senator from Virginia (Mr. WEBB) are I note the absence of a quorum. The PRESIDING OFFICER. The imports of oil for 62 percent of our necessarily absent. needs. We can never, ever afford to de- I further announce that, if present clerk will call the roll. The legislative clerk called the roll. pend on importing food into this coun- and voting, the Senator from Delaware Ms. MURKOWSKI. Mr. President, I try in the same percentage that we im- (Mr. BIDEN) would vote ‘‘yea.’’ ask unanimous consent that the order port oil today. Mr. KYL. The following Senators are While it is not a perfect bill, while necessarily absent: the Senator from for the quorum call be rescinded. The PRESIDING OFFICER. Without there are things that, if I had to write New Hampshire (Mr. GREGG) and the objection, it is so ordered. it by myself, I might not have written Senator from Arizona (Mr. MCCAIN). it this way, overall it is a very good The PRESIDING OFFICER. Are there f piece of legislation. It covers a broad any other Senators in the Chamber de- CLIMATE SECURITY ACT swath of America, from farming to siring to vote? Ms. MURKOWSKI. Mr. President, I hunger to conservation to measures in- The result was announced—yeas 77, stand this evening to speak about the volving good tax policy. nays 15, as follows: Boxer substitute to the Warner- With that, I ask for passage of this [Rollcall Vote No. 144 Leg.] Lieberman carbon cap-and-trade bill. I bill. On behalf of Senator DEMINT, who is not here—and I know a lot of my YEAS—77 have had an opportunity for several folks would like to have a voice vote, Akaka Crapo Lincoln days now to hear discussion from both Alexander Dodd Martinez sides. I think coming from a State such but because I know Senator DEMINT Allard Dole McCaskill as Alaska where we can see the effects wants the yeas and nays, unfortu- Barrasso Dorgan McConnell of climate change on the ground in my nately, I will have to ask for the yeas Baucus Durbin Menendez Bayh Enzi Mikulski home State, it is a very important and nays on behalf of Senator DEMINT Bingaman Feingold and ask for a recorded vote. Murray issue for me, and so I feel compelled to Bond Feinstein Nelson (FL) share with my colleagues some of my The PRESIDING OFFICER. Is there a Boxer Graham Nelson (NE) Brown Grassley thoughts about what we are seeing up sufficient second? Pryor Brownback Harkin There appears to be a sufficient sec- Reid north. Bunning Hutchison Roberts We appreciate that there is not quite ond. Burr Inhofe The yeas and nays were ordered. Cantwell Inouye Rockefeller a consensus in Alaska about what is Mr. INHOFE. Mr. President, first of Cardin Isakson Salazar causing the change we are seeing. Most Sanders all, let me just speak as a conservative Carper Johnson Alaskans, however, do seem to agree Casey Kerry Schumer as we address the farm bill. First of all, Chambliss Klobuchar Sessions that something is happening. We are I have been ranked as the most con- Cochran Kohl Shelby seeing a change in the north, and we servative Member, so I don’t think I Coleman Landrieu Smith have been seeing it for a period of dec- Conrad Lautenberg Snowe ades. The results are having a signifi- should have to prove my credentials. Corker Leahy Specter Here is one of the things that people Cornyn Levin Stabenow cant impact on the lifestyle of Alas- should understand: They should under- Craig Lieberman Stevens kans.

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.083 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5189 One of the things we are seeing in a thawing of the permafrost impacts the perfect carbon bill? I guess my perfect northern State, an arctic State such as base for roads, pipelines, houses, sewer bill would set a price signal only high Alaska is that our winters are warmer. lines, and other surface features. We enough to encourage technological We are seeing breakup come earlier in also know our lakes are drying up. This change but without driving the poor the spring, although this spring it has is probably because the permafrost and lower to middle-income Americans been actually extra snowy, so it is that holds their water is melting. into a state where they cannot afford tough to say that it is always that We know the Alaskan tree line is to get to work or they have to make way, but we are seeing breakup coming creeping northward, moving about 6 choices between paying the heating bill earlier. Our summers seem to be hot- miles over several decades. The Federal or setting food on the table. ter. The storms we are seeing, particu- report, while it predicts more summer My perfect carbon bill would ‘‘front- larly along the coastline, are stronger. precipitation in Alaska, also predicts load’’ the research and technology We are seeing a migration. We are see- more summer heat. That is increasing costs, with the Federal Government ing wildlife habitation and migration the threat of Alaska wildfires, increas- picking up a large share of that initial patterns that are different. The oceans, ing the threat of high stream tempera- tab, until we perfect that new tech- the lakes, the river ice—we are seeing tures that could harm our salmon, and nology that permits the new energy this form later in the year. We are also increasing the threat of new types of sources to come on line at only slightly seeing that it forms and it is weaker diseases entering Alaska. higher costs—prices high enough to en- than we have seen. It is melting sooner Scientists who have worked on the courage energy efficiency and con- in the spring. We are seeing permafrost U.N. Intergovernmental Panel on Cli- servation but not so high as to fun- thawing in some places. All of this has mate Change believe the ultimate damentally alter American society. an impact on hunting, on fishing, on cause is an increase in manmade car- My perfect carbon bill would set up the roads as we travel, certainly, on bon dioxide and other so-called green- clear procedures to help finance that the construction that is underway in house gases added to the atmosphere new technology and development. Sen- the State, and sometimes on our very since the dawn of the industrial revolu- ator DOMENICI has proposed a clean en- ergy bank concept. This is not included way of life. tion. Last week, the National Science and Yet there is also a great deal of nat- in this measure, but it helps to set up Technology Council released its latest ural variation—Mother Nature at play those procedures that can allow us to assessment of what has been happening here—which affects the Earth’s cli- move this technology forward. It would encourage all low- and zero- due to climate change. While this re- mate. In April, the Journal of Nature carbon technology, especially nuclear port has already been mentioned by printed a study suggesting that rising power, which is the only technology we several on this floor already, I wish to atmospheric temperatures are slowly, have today at scale that can provide concentrate on its findings for Alaska. and perhaps have already stopped, ris- baseload power economically without In that report, it finds that tempera- ing—at least temporarily—and may re- carbon. tures in the State of Alaska have in- main that way for up to 7 more years A perfect carbon bill, for me, would creased 3 to 5 degrees Fahrenheit on as the natural variation cycle toward set the guidelines for carbon reductions average, and in the winters, what we colder weather masks the heat. but only standards that we have the are seeing is that the winters are 7 to It may seem counterintuitive to be technology to meet. It would not set 10 degrees warmer over the past 50 arguing that climate change is inten- unreasonable, early guidelines simply years. That warming has a number of sifying after a very cold and snowy to punish the carbon emitters. It would impacts. winter in Alaska. But I look at climate have a workable ‘‘safety valve’’ to ease Mr. President, these are important change legislation as an insurance pol- the regulations, if technology cannot for all Members to hear. When we talk icy, as a policy to take action to cut come through quickly enough with about the ice in the Arctic sea icepack, carbon emissions where we can, with- means for our society to meet the the pack ice up north has shrunk by an out harmful costs to our economy and lower carbon standards at a reasonable area which is twice the size of Texas. way of life. price. This is where—when you look at This reduction in the ice has occurred The fact that I am a cosponsor of the the Bingaman-Specter bill and the since 1979. So within this time period, Bingaman-Specter carbon cap-and- safety valve they have incorporated in about 30 years, we have seen an area trade bill is proof that I am willing to that legislation—it provides for a level shrunk that is twice the size of Texas. take action but not necessarily action of assurance in terms of how bad is the Between the years 2005 and 2007, 23 per- at any price. I am not afraid of a cap- situation going to be in terms of the cent more of the ice has melted. More and-trade system, but let’s make sure cost and the impact to the industry. important, what we are seeing is that we have it right. You kind of want to know how bad the the thick, multiyear ice has been I do support the cap-and-trade con- bad is going to be so you have a level steadily thinning, having reduced by cept because I believe it offers the op- of certainty. about 3 feet from 1987 to 1997, which portunity to reduce carbon, at the My perfect bill would generate means more of the Beaufort Sea is open least cost to society. The signal about enough revenue to help States and by late summer, which increases the future prices sent to electric power- local governments deal with the costs danger of the coastal erosion from the plant operators will hopefully stimu- of adaptation. If the scientists are storms. More troubling, it helps to late spending on low- and zero-carbon right on this, the carbon that we have warm the water and thus the environ- renewable energy plants now. and are going to continue to release ment even more. A price signal will make gasification into the atmosphere until the new We have nearly a dozen coastal vil- technology more attractive as a means technology can come on line is going to lages in the State of Alaska that need of producing petrochemicals for the fu- continue to increase for a number of major assistance. In some cases, it is ture. It will spur research and new years. There will be costs that come more than assistance in shoring up an technology to allow for the commer- with that. eroding coastline, it is relocation of cial-scale plants needed to capture and In Alaska, the University of Alaska’s whole villages to higher ground. This is store carbon underground. I believe a Institute of Social and Economic Re- at a cost of hundreds of millions of dol- price signal will also generate new search has estimated that Alaska’s lars per village. Ask the residents of technology and new jobs—hopefully, governmental infrastructure—the villages such as Shishmaref, Kivalina, more than will be lost in fossil indus- roads, villages, ports, runways, and the Unalakleet, and Newtok—to name tries and from an overall slowdown in schools—are already facing about $3 four—about the changes they have wit- the economy caused by the potentially billion of damage due to coastal ero- nessed in the climate over the past two high cost of industry buying carbon sion and melting permafrost. They an- decades. We are seeing that on the emissions at auctions and passing the ticipate that tally, that cost, will rise coastline. costs on to each one of us. to $80 billion by 2080, just for the gov- The report says the permafrost base When you listen to all the sugges- ernmental structures. Only the Federal in Alaska has been thawing at a rate of tions and ideas out there, you may Government has the resources to meet up to 1.6 inches a year since 1992. This think: What is it I am looking for in a those types of costs.

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.085 S05JNPT1 smartinez on PROD1PC64 with SENATE S5190 CONGRESSIONAL RECORD — SENATE June 5, 2008 I believe the substitute we have be- I said in a speech last week at home eign oil; we don’t have to be dependent fore us is making a major mistake in in Alaska that never before have Mem- on a President—this one or the next cutting the funding for the Low-In- bers of Congress been asked to take ac- one—going to Saudi Arabia and beg- come Home Energy Assistance Pro- tion on a bill that could have such a ging. That is the whole point of the gram and in cutting funding for the profound effect on our country, with so bill. State-Federal weatherization programs much difference of opinion about how The whole point of the bill is to get that promote energy conservation. much this bill is going to cost, and those technologies, and the bill essen- When you look at the current sub- whether it will actually be worth the tially does this. We say to the people stitute—and I have issues in many amount the American consumer will who are emitting carbon: You have to areas—these two are ones I am not able pay because of it. We have to be able to buy permits to pollute. We take half to reconcile why, as we are trying to demonstrate that these are the ranges that money—more than half of it goes help people around the country deal and this is the benefit so Americans back to consumers through a tax cut or with high energy costs, we would re- can understand what we are doing. through the utility companies that move funding for LIHEAP and the How much this bill will cost Ameri- give you credit right on your bill. weatherization programs. cans is purely dependent upon the fore- This is a good bill. This is a bill that I am also concerned that the sub- casts, and the Congressional Research will create jobs. This is a bill that will stitute’s cost-containment mechanisms Service said in testimony before the create the technologies. are not flexible enough to keep compa- Energy Committee a couple weeks ago Senator WARNER got into this whole nies from having to bid up the price of that all these forecasts should be issue because his legacy is national se- auction allowances. That will hurt av- viewed with ‘‘attentive skepticism,’’ curity. Our leaders tell us we have to erage Americans who cannot afford the especially in the outyears. That is an act now. To have people come to this current price of energy, much less the interesting way to put it. But whether floor with a bogus argument that future price of energy. this bill will cost $3.3 trillion until makes no sense is unfortunate. If we People around the country are hurt- vote cloture on this bill, we will be able ing when they go to the pump, when 2050, as the bill’s sponsor said last to amend it and move forward. they heat their homes, when they have week, or more than twice that amount that other models predict, we know I wish to show how many people are to fill up with home heating fuel. We supporting us and the groups that are don’t need to be adding more to their this bill will be the most expensive and supporting us. We hear a lot of my Re- costs unnecessarily. complex measure ever before consid- Regardless, for any climate bill we ered by any government on the planet. publican friends say: We are going to enact to make a difference, it is going I do know that, even though my con- lose jobs. Yes, the miners came out to require that China, which has over- stituents want us to do something in with a statement. They said the bill taken America as the world’s leading Congress, they are going to want it to needed work. So did the UAW, the bill carbon emitter, and India, along with be something that works. I don’t want needed work. And we are open to that. the developing world, participate too. to support a bill until I am convinced Senator WARNER and I, Senator If they are not participating and work- that measure offers the best possible LIEBERMAN, and Senator KERRY said we ing with us, the U.S. economy is going chance of protecting against climate are ready to meet with our colleagues to become less competitive, and we will change impacts but at the least pos- and fix the bill. But oh, no, all they have spent money without any nec- sible cost, while still stimulating new want to do really is drive this bill off essary benefits to the global environ- technology—which will make the dif- the floor. I have a list of working people who ment. So we have to be in partnership ference—that is the ultimate solution endorse this bill. So don’t come here, I on this initiative. to carbon emission reductions. Already on the floor, we have heard I thank the Chair and yield the floor. say to my colleagues—Senator MUR- about the varying computer models. The PRESIDING OFFICER (Mr. NEL- KOWSKI didn’t do this, but others have They are all over the board. They say SON of Florida). The Senator from Cali- done it—and say, oh, we are going to the average American will pay either fornia is recognized. lose jobs. You tell that to the Inter- $446, $739 or $1,957 more per household Mrs. BOXER. Mr. President, I am national Association of Bridge, Struc- for energy in 2020 or $1,257, $4,377 or glad the Senator from Alaska came to tural, Ornamental and Reinforcing Iron $6,750 more come 2030 or 2050. You look speak because she is at ground zero, Workers. Tell that to the insulators at it, and you are almost embarrassed and she explained that what is hap- and the allied workers. Tell that to the to tell your constituent the range is pening in her State is very serious. She shipbuilders. Tell that to the brick- somewhere between $446 per household knows it. She is close to it. Where I layers. Tell that to the elevator con- by 2020 or close to $2,000 per household. simply don’t agree with her is she says structors. Tell that to the painters. We don’t know. We simply don’t know. our bill is going to lead to higher gas Tell that to the plasterers. Tell that to My constituents say: LISA, you have to prices. We are back to that same old- the journeymen. Tell that to the sheet do better than that. You have to give same old stuff. The fact is—I will reit- metal workers, the teamsters, the op- me some idea because, right now, in erate it; I have said it so much, it is erating engineers, and the building and Aniak, that village’s people are paying probably extremely boring to those construction trades. They all see what $5.53 for their gasoline. It went up this who have listened to me, but I will say this bill will mean. It means building a week because the spring barge came in. it again—President Bush sent down a new infrastructure for a new day with I am going to say to them we have this veto promise on this bill, and in it he new energy. legislation that will help reduce emis- said gas prices are going to go up 50 The faith communities are sup- sions in this country, we think, if other cents over the 20-year period. That is 2 porting us. I am so grateful to them. It nations participate, but I don’t know cents a year. That is 12 percent over 20 is as if I prayed for help and they came how much it will cost you or how high years. What he didn’t say is that be- forward—the Evangelical Environ- gas is going to go in Aniak. Right now, cause we passed fuel economy stand- mental Network and the Evangelical you are paying $6.50 for diesel. I have ards, all that is offset for our people be- Climate Initiative, U.S. Conference of to be able to provide more to my con- cause the fuel economy standards are Catholic Bishops, National Council of stituents than that. going to mean you actually can go far- Churches, Religious Action Center of What is important is for the Senate ther on a gallon of gas. So there is no Reform Judaism, Jewish Council of to take its time to understand what increase in gas prices. Public Affairs, the Interfaith Power the Boxer substitute would do and, per- As a matter of fact, what is going to and Light Campaign. Why? Because haps, think more about what would happen is, we are going to get the al- they feel so strongly that the planet is work at the least cost and would actu- ternatives we need. Senator MUR- threatened and God’s creation is ally make a difference in the world’s KOWSKI’s people, my people, Senator threatened. climate. The more I look at it, the WARNER’s people, Senator REID’s peo- We cannot wait forever. We do not more I think the original Bingaman- ple, and Senator SCHUMER’s people at have a perfect bill. We want to get it Specter bill, with changes, is worthy of the end of the day are going to say: started, and we cannot. It is a very sad renewed consideration. Thank goodness, we are finally off for- state of affairs.

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.086 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5191 I will be happy to yield to my friend. Let’s take a look at what the sci- ate, children and the elderly are vul- Mr. WARNER. Mr. President, I thank entists are telling us. Eleven national nerable. This is America. We take care the Senator. academies of science, including the of the most vulnerable. They cannot do I would just like to say to my distin- U.S. National Academies of Science, this. guished colleague from Alaska, we had concluded that climate change is real. We all believe in our great economic a number of conversations in the It is likely that most of the warming in system, the free-enterprise system. course of the deliberation on this bill. recent decades can be attributed to There are certain things our Govern- I first want to say this colleague human activities. The Nobel Prize-win- ment has to do, which is to make sure worked very hard and very conscien- ning IPCC concluded in 2007 that global people can have healthy lives. Part of tiously. There are honest differences of warming is unequivocal; there is a 90- it is that the planet be healthy. We opinion on this subject. Her State, percent certainty that humans have have to act now. which she is so proud to represent, is caused it. I will conclude my remarks in the quite unique. It has been severely af- Today, Senator WARNER, Senator next 2 minutes and then will yield to fected by what I believe are some LIEBERMAN, and I had an amazing press my colleague for 2 minutes to do a manifestations of climate change that conference with a former general and a quick Executive Calendar. are somewhat unique and without former admiral. It was really some- I want to talk about job growth be- precedent. But I think in this instance, thing to hear them. They said some cause, again, we heard all along: Oh my I say on behalf of my colleague, this is chilling things in this global warming goodness, this bill is going to kill job a decision where people of good inten- debate. When they ended it, they said: growth. In California, we have a law tions can have different views. When we are out on the battlefield, we like this. It has done wonders. For ex- All I know is this colleague worked cannot wait for 100 percent certainty. ample, we have 450 new solar energy very hard to deliberate through her The scientists have given us 90 percent companies. As we see a decline in the thinking process. I will be gone, but I certainty. You wait, you are going to housing area—and I know my friend in will have to leave it to her, being in a face danger, trouble, horrible things the chair has seen this in Florida—a leadership position next year one way can happen. They look at it as a cam- lot of the workers who would have been or another, hopefully one of the most paign to stop something quite dan- laid off are being grabbed up and going powerful Senate committees. I know gerous. to work in these solar energy compa- she will apply the same amount of Let’s look at the human health im- nies. We are so fortunate we had that, careful thought and consideration pacts, I thank my friend, Senator NEL- in a way, a safety net. People are so ex- when that committee—I believe it is SON, who is in the chair, for all the cited. Energy; am I not correct? I am certain work he has done on this issue. His If you come to California, if you go it will have a major role and voice in magnificent State is another place to the Silicon Valley, the entre- collaborating with the Committee on which is ground zero. I flew with my preneurs there want to invest in new Environment and Public Works. friend—first of all, we went to the Ev- technologies. They will not do it until I yield the floor. I wanted to make erglades. It was an extraordinary expe- there are laws in place because they that observation. rience and one which I shall never for- need certainty. Mrs. BOXER. Mr. President, I re- get. We went with my spouse and Sen- I will close with this: A study of the claim my time. I thank my colleague. ator NELSON’s spouse. We went through impacts of my State’s law says there Yes, I have had wonderful conversa- this gift from God, which is what the will be 89,000 new jobs created by 2020. tions with the Senator from Alaska. Everglades is. It is impossible to de- There are more than 450 solar compa- The reason there is a bit of frustration scribe. It is like a river of grass. That nies—I mentioned that—hiring elec- in my voice is because I don’t think we is what it is called, a river of grass. A tricians, carpenters, and plumbers. And have much time to waste. I am very remarkable place. When we went up in the top manufacturing States for solar worried about delaying. I look forward our helicopter and flew over the State, are Ohio, Michigan, California, Ten- to working with my colleague from I held my breath. This magnificent nessee, and Massachusetts. That is in- Alaska. State. But if those sea levels rise? teresting because we are seeing these I want to put into the RECORD also There cannot be enough protection. We new manufacturing jobs being created the businesses that support our bill couldn’t do it. So we have to stop the across America. just as it is: Alcoa, Avista, Calpine, problem, and that is what the Boxer- In closing, I will show my favorite Constellation Energy, E2, Entergy Cor- Lieberman-Warner bill does. chart of all and the one I want to end poration, Exelon Corporation, Florida Look at the human health impacts of with. Let’s say yes for once around this Power and Light, General Electric, Na- global warming in North America: in- place. Let’s say yes to something good, tional Grid, NRG Energy, PG&E, Pub- crease in the frequency and duration of to a clean energy future, to clean green lic Service Enterprise Group. heat waves and heat-related illness; in- jobs, to science, to clean air, to saving We have broad support of govern- crease in waterborne disease from de- the planet, to consumer protection, to ments: the U.S. Conference of Mayors; graded water quality. Why? Because a big tax cut, to a strong economy, and the National Association of Clean Air certain amoebas and bacteria can live to the Boxer-Lieberman-Warner bill. Agencies; Climate Communities, which in warmer waters. As a result, these I thank you so much, Mr. President, is a national coalition of cities, towns, are new kinds of creatures. We had a and I really do thank you for your counties, and other communities. child in Lake Havasu get an infection leadership in Florida and here as well. The people in the cities, the counties, in one of these warmer waters. The in- I yield the floor. and the States, I want to send them a fection went to the brain. This is the The PRESIDING OFFICER. The Sen- message today: Don’t lose heart if we kind of thing the Bush administration ator from Virginia. don’t win this vote tomorrow. We are health officials are telling us. Mr. WARNER. I thank the distin- building support. We are building sup- Dr. Julie Gerberding came before our guished presiding officer. port in the community, we are building committee. It was mind boggling what Mr. President, I, once again, recog- support in the Senate, and the next she was telling us we can expect. By nize the strong leadership given by the President of the United States, regard- the way, unfortunately, a lot of her distinguished Senator from California less of whether it is Senator MCCAIN or statement was redacted. Even though on this legislation. It comes from the Senator OBAMA, supports global warm- it was redacted, it was powerful. She heart and a strong conviction that she ing legislation. basically was saying to us: Please act thinks we are doing the right thing, So my friends on the other side of the now. and I am pleased to be a part of the aisle can say no, no, no, status quo, Increased respiratory disease, includ- team that helped engineer getting this status quo, and they may win the day. ing asthma and other lung diseases bill prepared and to the committee and But at the end of the day, they will not from increased ozone and smog, and to the Senate floor. win because 89 percent of the people of the children and the elderly are espe- And I don’t fear the consequences of America want us to tackle this prob- cially vulnerable. I say to my brothers the vote tomorrow. No one can predict lem. and sisters, men and women of the Sen- what it will be, but I think both of us

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.088 S05JNPT1 smartinez on PROD1PC64 with SENATE S5192 CONGRESSIONAL RECORD — SENATE June 5, 2008 will walk out with a sense of satisfac- those two theaters—then it is, I would ural disasters have wrought havoc on tion we did our best. It may well be we say, with a sense of humility he would humanity since the beginning of time. will go on next week. Time will tell, say: I think I have done my best. In recent years, the 2004 tsunami in subject to this vote tomorrow. As we I am very pleased the President rec- Southeast Asia claimed more than say in the Navy: Well done, sir. ognized his outstanding career, that he 100,000 lives and displaced millions of f has been nominated now to become the victims from their homes. In Sep- chief of staff for the Chairman of the tember 2005, a category 5 hurricane EXECUTIVE SESSION Joint Chiefs of Staff in operating that ravaged the American gulf coast, caus- very essential part of the defense com- ing $11.3 billion in damages. Last year, NOMINATION OF STANLEY A. plex in the Department of Defense. in Greensburg, KS, a tornado leveled MCCHRYSTAL TO BE LIEUTEN- I thank the Senators, I thank the the entire community of 1,400, causing ANT GENERAL leadership, the Democratic leadership, an estimated $267 million in damage. particularly Senator DURBIN, who The financial estimate of damage from Mr. WARNER. Mr. President, I ask worked on it, and Senator LEVIN; and the May 25 tornado in my home area unanimous consent that the Senate on this side, the Senator from Ala- from storms and flooding hasn’t been proceed to executive session to con- bama, Mr. SESSIONS, and others who calculated yet, but the pricetag will sider Calendar No. 599; that the nomi- worked with me on this nomination not do justice to the heartbreak and to nation be confirmed, the motion to re- during the course of last night’s delib- the hurt. consider be laid upon the table, no erations on a variety of matters on the Whether it is an earthquake, a hurri- other motions in order, that the Presi- Senate floor. cane, or a tornado, a natural disaster dent be immediately notified of the I thank the Presiding Officer, and I leaves behind massive debris and de- Senate’s action, and the Senate resume yield the floor. struction. The physical and financial legislative session. f tolls shouldered by the victims argu- The PRESIDING OFFICER. Without ably pale compared to the emotional objection, it is so ordered. LEGISLATIVE SESSION scars and personal losses left in the The nomination considered and con- The PRESIDING OFFICER. Under aftermath of a killer natural disaster. firmed is as follows: the previous order, the Senate will now This tornado was what they call an IN THE ARMY return to legislative session. F–5 tornado, the worst they get. It The following named officer for appoint- f struck terror into the hearts and minds ment in the United States Army to the grade of northeast Iowans over Memorial Day MORNING BUSINESS indicated while assigned to a position of im- weekend, and it also hit close to home portance and responsibility under title 10, Mrs. BOXER. Mr. President, I ask U.S.C., section 601: as well. From the lawn on my farm unanimous consent that we now pro- near New Hartford, I watched what I To be lieutenant general ceed to a period of morning business in thought was nothing but a dark storm Lt. Gen. Stanley A. McChrystal which Senators may speak for up to 10 cloud blackening the sky as the tor- Mr. WARNER. I thank the distin- minutes each. nado made its way across Butler Coun- guished Presiding Officer, a member of The PRESIDING OFFICER. Without ty from Parkersburg—population, as I the Senate Armed Services Committee. objection, it is so ordered. said, about 2,000—to my hometown of This nomination is for General The Senator from Iowa is recognized. New Hartford, population 600. McChrystal. General McChrystal is f It was the first F–5 tornado to strike well-known to many of us in the Sen- Iowa since 1976, so tornadoes like this IOWA TORNADO ate. I recall very vividly the period don’t happen every day in our State. when our Nation was building its force Mr. GRASSLEY. Mr. President, I Maybe they do in Oklahoma, but they structure to go into the situation in probably will not be more than 10 min- do not every day in my State. And it Iraq. And putting aside all of the hon- utes, but I appreciate the will of the happened to be the deadliest tornado in est debate on that decision to go in, I Senate if I need a few more minutes. the State since the 1968 tornado in think the professional soldiers like Today, I pay tribute to the victims of Charles City, IA. I believe that tornado McChrystal did their job. the devastating tornado that ripped claimed about 13 lives compared to the McChrystal used to come every through northeast Iowa a week ago 8 so far here. morning that the Senate was in ses- Sunday. This would have been Memo- In some ways, the storm may serve sion, at 8 o’clock, and brief Senators in rial Day weekend. That is a weekend as a wake-up call to those of us who S. 407. I know the Presiding Officer was that traditionally offers a thank-you have become somewhat complacent there on a number of occasions. He was to veterans who have given their lives. about severe weather warnings. The accompanied by COL Bill Caniano, who It is a time of backyard barbecues, and day after the storm, I visited with resi- is currently on my staff, and they an- in the Midwest it is when swimming dents of Parkersburg and New Hartford swered the questions, kept the Senate pools open for business. But late after- and toured the damage, along with informed as to the buildup of that oper- noon on May 25, 2008, Mother Nature Senator HARKIN and Governor Culver, ation as our forces built up tempo and unleashed a tragic beginning to a sum- and Congressman BRALEY was there. It moved into the Iraq situation. A very mer vacation. It was a kind of natural was an unimaginable scene. fine officer. disaster that makes people realize the In Parkersburg, the tornado ripped He has been in Iraq now—well, I don’t perils of pettiness and appreciate what apart the Aplington-Parkersburg High think you add up the number of tours really matters the most. School. This is a picture of that dev- because he has basically been there al- A history-making twister produced astating damage. It will cost $14 mil- most constantly over 21⁄2 years; one of winds in excess of 200 miles per hour. It lion to rebuild. Thank God they were the longest serving members, whether tore across Butler County—that is my well insured, I have been told. I haven’t it is a general officer or a private, in home county—Black Hawk County, heard that directly but indirectly. the Iraq theater. He has distinguished Delaware County, and Buchanan Coun- It destroyed the Parkersburg City himself particularly on his initiatives ty. It paved a 43-mile path of destruc- Hall, crushed the town’s only gas sta- to take on al-Qaida at any place, at tion. The severe storm system vir- tion, and crumbled the grocery store. If any time of day or night, and to do the tually ripped the town of Parkersburg you watched CNN yesterday, you were very best to eliminate that threat to in half. It destroyed 22 businesses, lev- able to find some pictures from the not only the U.S. forces, Iraqi forces, eled 222 homes, and damaged 408 others cameras that guard the bank during but the Iraqi people who were brutally in a community of only 2,000. The the night and over the weekend, and treated by that organization. And to storm system injured 70 individuals. you saw, before they went blank, suck- the extent that we have reduced that The fatalities attributed to the tornado ing everything up. And you know situation of al-Qaida’s capabilities in have now risen to eight Iowans. where a lot of those bank papers land- Iraq today, and also Afghanistan—this But the statistics don’t do justice to ed, and a lot of pictures from various officer goes back and forth between the heartbreak and to the hurt. Nat- homes? In Prairie Du Chien, WI, 100

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.090 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5193 miles away. And those people in Prai- alerting people with their vehicle si- Separately, we had a group of trav- rie Du Chien, we are told by television, rens, just to show their commitment to eling volunteers known as the Massage are collecting all those valuables and letting everybody know that just a few Emergency Response Team from Cali- are someday going to bring them back minutes away was a terrible weapon of fornia—people who are physical thera- to Parkersburg, IA. destruction. pists who came in to rub the backs of In the afternoon of this tragedy, Exactly 1 week after the storm people working day and night. They seven people sought refuge and sur- blazed its trail through the region, I re- offer assistance to those who need vived by going to a produce cooler in turned to Parkersburg. I am pleased to stress and tension relief from their re- one of the restaurants there. That is report relief and recovery efforts un- covery work. just one example of what people do. So derway. I saw fire departments coming We had a group of 90 high school stu- more life could have been taken. I have up to serve the community and the sur- dents, mostly football players from the been told by some people that as the rounding communities from 100 miles Catholic high school, Dowling, in Des Weather Bureau or the government away—the suburbs of Des Moines, IA, is Moines, traveling 100 miles to help agencies that measure this stuff and an example. with the recovery work at the tracked the storm, that this damage to I hope you know there is a great deal Aplington-Parkersburg High School 220 homes in Parkersburg, IA, could of resilience in the people of Parkers- athletic fields. If you want to know have been done in just a few seconds, burg and New Hartford. Like a beacon how this little town of 200 is proud of like 20, 30 seconds. Some people on the of hope, I want to show you where peo- its football team, this little town has scene said it had to be less than 45 sec- ple were, what they were doing 6 days four NFL players, right now—I mean onds. But in just a few minutes or a few after this tornado hit through. This not right now today playing football, seconds, whatever you want to say, a doesn’t give justice to all the debris but still signed up. These Dowling High mile-wide tornado wiped away a life- that still has not been picked up, but School people pitched in to rake up time of treasured belongings, furniture, there were people constructing new glass and debris. and family memorabilia. There are no buildings right away. Except for a gen- The Salvation Army has set up mo- parts of homes sitting around. There is eration of trees being gone—because 25 bile canteens serving 1,000 hot meals only sticks sitting around, and a lot of years from now you will be able to go each day to the Parkersburg residents that landed in farm fields miles away. down this 43 miles and you are going to and relief residents, and in New Hart- There are uprooted trees. There is not know where this tornado went—except ford as well. And the Red Cross, as you a tree with a leaf, maybe a limb or two. for that, Parkersburg and these other would expect because of their good rep- The trunk maybe still stands, or communities will be back in a few utation, was immediately on the job maybe the trunk is down. We have months. I give this as evidence of the and is still present. mangled vehicles. Some people didn’t resilience of the people, only 6 days The tornado, storm, and flood dam- know where their vehicle ended up. after this damage took place. age over Memorial Day weekend in Maybe today they do, but they didn’t a The cleanup operation, of course, will Iowa has received Federal declaration week after the storm, they told me. It take a long time. Bulky machinery will of disaster assistance, and people have killed a lot of livestock in the rural do the heaviest lifting. That is after come in from FEMA, from Sacramento, areas, ripped away roofs and walls, people have an opportunity to paw CA; from Pennsylvania and from New mowed down neighborhoods, shredded through all of the strewn things that Jersey; maybe from a lot of other solidly built homes like toothpicks, are there, so they can take out some of places that I had a chance to meet on and knocked out the city’s infrastruc- their valuables in the sense of remem- that Sunday afternoon. So the Federal ture. brances—pictures, photographs, maybe people are working well, as they I saw this debris. I am told that there some important documents they might should. were 60,000 tons in Parkersburg alone find. There may be some of those im- Residents in these communities will left behind in the wake of the tornado. portant documents up in Prairie need help rebuilding and I know Iowans I suppose that is a rough guesstimate, Duchene. appreciate that help. So I am here to but the people who know about the The scoreboard for this high school say thank you to everybody. tragedy know how to estimate some of ended up 70 miles in Decorah, IA, as an I listed only a few people. If I knew this stuff. This picture of the high example. Maybe it was part of the everybody who was helping out, there school, once again, probably isn’t the scoreboard, but this tells you how it is. wouldn’t be any help there. You can’t best picture I could produce about how It is going to take countless hours of keep on top of everybody who is stress- much of a wilderness the southern half manpower to orchestrate this massive ing out. When I was in church in Cedar of this small town is, and I don’t think undertaking to get the job done. The Falls, IA, one Sunday we had people this captures the wreckage, but it is a seemingly impossible task is being there from North Carolina—Franklin small glimpse. It is nearly inconceiv- made possible, thanks to the tireless Graham. We had people there from the able to understand the awesome force commitments of Butler County’s first Billy Graham organization in Min- of Mother Nature. responders, administrators, emergency neapolis. Thankfully, the resiliency and the crews, and legions of volunteers, but in Looking out across the countryside compassion of human nature also has addition to my county, counties near my home, our corner of the world proven that it can withstand floods and around it. You can’t believe the num- looks turned upside down. Utility polls, droughts and famines, and so it shall ber of trucks that came in Sunday to shingles, siding, insulation, uprooted be in my home State. After seeing the haul away debris, as an example. trees are strewn across the farm fields. devastation firsthand, it still made me We have had the donation of food, The cleanup will take time, but I know wonder that the fatalities have thus far water, clothing, and other supplies Iowans are in this for the long haul. I been kept in single digits considering poured into the tornado-ravaged re- and other Grassleys were fortunate in that 70 people were hospitalized. And I gion. I wish to mention a few notable this damage, because I live 11⁄2 miles commend the emergency preparedness examples of neighbors and strangers south of where the tornado went plans put into action by city and coun- lending a hand during the recovery through on a farm. My son and grand- ty authorities and during the storm. week. There is no count of construc- son farm with me. They live a mile and The civil defense people came from the tion crews and heavy equipment volun- a half north of where the tornado went adjoining counties without hardly even teers coming in from as far as Ten- through. I thank God for that. being called to come. They knew we nessee. I have thanked Senator CORKER We lost friends. A person named Nor- needed help. And thanks to the warn- I have not thanked Senator ALEXANDER man who worked at the New Hartford ing systems, countless lives were yet, for people coming all way from grain elevator will not be there because saved. Tennessee with very heavy equipment. he was killed in this tornado. So Nor- In fact, rising above the call of duty, People who were cleaning up from tor- man, who always greeted us when we volunteer firefighters in my hometown nadoes in Oklahoma the night before would go to the elevator to unload our of New Hartford raced up and down the spent the night on the road to come up grain in the fall—his friendly face will streets after the power had gone out and help people in Parkersburg, IA. be missed.

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.092 S05JNPT1 smartinez on PROD1PC64 with SENATE S5194 CONGRESSIONAL RECORD — SENATE June 5, 2008 The outpouring of support from bating and that we are going to be pre- the amendment tree has been filled. neighbors, friends, and strangers from cluded from debating, should cloture That means a little parliamentary pro- near and far has given a jump-start to happen tomorrow. The reason I say cedure around here has already put the necessary healing process. It under- precluded from debating is we are not some amendments, with relatively in- scores the decency of human nature being allowed to do any amendments. significant changes in them, so nobody rising above catastrophic forces of The whole stage has been set: One else can bring up an amendment and Mother Nature. The selfless sacrifice amendment so far; it is a take-it-or- have it voted on. It is getting to be a by literally scores of heroes will help leave-it amendment. My experience in very common thing around here. mend the immeasurable heartbreak the 111⁄2 years I have been around here Now, I understand partly why it is and hurts that I saw during my visits is that bills that come to us that way being done. The majority has had two to these communities. do not pass. people out on the Presidential cam- I say with gladness in my own heart, That is what the whole Senate was paign trail, and now Senator KENNEDY the F5 tornado did not extinguish the designed for, to see that take-it-or- is not able to be with us. That is the hope and pride of residents of the mid- leave-it stuff doesn’t make it through loss of three votes. It is a 51-to-49 Sen- western communities who call Parkers- here, that the opinions of 100 people get ate. So I sympathize with the leader in burg, New Hartford, Hazleton, and to be reflected in legislation. The trying to control votes when some of Dunkerton home. longer we are here, the quicker we the people are not here, because with I suppose maybe it is a little bit am- think we ought to be able to get bills our one Presidential candidate gone bitious on my part to take the floor of done. The longer we are here, the more and three of their people gone, it winds complicated the issues. This is a very the Senate to acknowledge this and to up with a tie. I have noticed the Vice complicated issue. There are things praise the Lord for what can be done President usually votes with me. people are doing. There are things peo- now, and the people who have not been But what we are trying to do, I think ple need to be doing. But to make it hurt. I suppose every one of my col- around here, is get bills done and get very prescriptive and to not allow the leagues, particularly in the tornado them done in a logical process and ac- opinions of 100 people who could point tually finish them. But I do not think channel that I most often hear about, out some of the flaws and some ways it of Kansas, Oklahoma, Arkansas, Ken- that is what we are doing. The amend- could be better is wrong. ment tree got filled. The greatest tucky, Tennessee, and I guess yester- The majority leader and a number of day damage around here as well— threat of our time, the greatest delib- Members on the other side have called erative body is not allowed to delib- maybe every Senator could tell the climate change the ‘‘greatest environ- story I tell. But, frankly, tornadoes are erate, to be deliberative. Something is mental threat facing our world.’’ I am wrong with that picture. not as common in my State as they are not hearing big arguments against Now, I have some amendments that in these other States and there is a les- that. But if that is the case, we should are important. I think they are impor- son to be learned from this. There is an put our heads together and come up tant to anybody who might be listen- appreciation to be learned from it. We with a plan to protect us from this ing, especially my colleagues. Do not all ought to remember how lucky—and massive threat. We should spend time think that not paying attention to or then we need to remember how un- amending it, ironing out any problems, being interested in politics is going to lucky—some people and families are, in and determining what we will have to shield anyone from the consequence of our daily life. pay. this bill if it were to pass. It could The PRESIDING OFFICER. The Sen- There is a huge disconnect in Amer- change our way of life. The bill is going ator from Wyoming is recognized. ica, thinking that we can solve this to cost money, and you have a right to Mr. ENZI. Mr. President, I too ask problem and it will not cost the con- know how much it is going to cost you. unanimous consent that I might be al- sumer anything. We are actually pro- I filed an amendment that requires lowed to speak for as much time as I mulgating that myth here, now. I utilities to include on the bill they might consume. heard the fuel economy we are going to send you, the consumers, the amount it The PRESIDING OFFICER. Without get is going to offset any of the costs. is costing to comply with this legisla- objection, it is so ordered. I know a few guys out there who are tion. f getting ahold of me on a regular basis I would like to take a look at a part because they drive trucks. They do THE AMERICAN SPIRIT of the bill that is very significant for contract work. I am pretty sure they Wyoming residents; that is the coal Mr. ENZI. Mr. President, I will want didn’t put a little clause in there that portion. Coal is our Nation’s most im- to sympathize with the Senator from gave them a fuel escalation break. portant and abundant energy source. Iowa, Senator GRASSLEY. Two weeks Some of the big companies might have Wyoming’s coal is the cleanest coal in before Hurricane Katrina, a tornado thought of that. The little companies the Nation. We ship to every State in came through the town of Wright, WY, didn’t. So far as I can tell, they are not the Nation. which is 30 miles south of the town I planning on trading that truck in for a They mix it with their coal to meet live in. It happened to be during a re- more fuel-efficient truck because they the clean air standards. I want the cess so I got to go out there and see can’t afford to do that. New trucks cost lights to stay on in Wyoming and the what had happened and see what kind more money. They have a contract rest of the Nation. California relies of response there was and see what the that limits what they can do. So the heavily on electricity from Wyoming. Government is supposed to do and what offset is not going to pay to the person Without coal, that is not going to hap- they do do. What I was most impressed who is paying the bill. It may go to pen. with is the spirit of community, the somebody else. Now, China understands energy. way the people got right after it and We do need to encourage better mile- China understands that the future started cleaning up and helping each age. We need to encourage less travel— economy of the world depends on en- other out. People poured in from towns although somebody the other day ergy. They have already bought all the and other States to help. pointed out to me that if we have less oil supply, they have bought up gas It is a great country we live in, where travel—for instance, if I rode my bike supplies, they are in the process of buy- people will do that and help out where back and forth from home to work, al- ing up coal supplies. it isn’t any concern of theirs. But they though I usually walk, that consumes How do I know about that? They are recognize that is what we do in Amer- calories. And to replace those calories, buying coal in Campbell County, WY, ica. I think that is a difference from I have to eat food. And that food prob- and shipping it to China. Now, a lot of many other countries, too. I appreciate ably is transported in somehow, so I it is in the test burn stage, and I sus- your sharing that with us. am still adding to the climate problem. pect they may be burning that in the f It is not solving it just by doing some powerplants right around Beijing, alternatives. I hadn’t thought about which will clean their air for the Olym- CLIMATE CHANGE that. pics. Mr. ENZI. Mr. President, I rise to dis- But what I am talking about tonight I do not know how long the contracts cuss the legislation we have been de- is that the debate has been shut down; are, and I do not know how expensive it

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.093 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5195 will be. But I suspect that coal will be ciate my colleagues’ approach on that. get anything done. But, then again, sold, and I know, by the way, because I have seen it happen, though, regard- that is probably apparent that if there of rotation of the Earth, the direction less of who was in the majority. That is was a real desire to get something the wind blows. The powerplants in the way it works. People get upset done, this bill would be debated in the Wyoming do not put anything in Cali- when they cannot do amendments. regular order. fornia, but the powerplants in China, of Now, I do know people who buy coal When the Senate was less polarized, which they are building one a week, it from my State say this bill will be a it was because there was more debating takes longer, but they are opening one real punch in the gut. I do know the in the regular order. The bill we were a week, that air will blow to California. vast majority of studies say this bill debating had gone through committee, China is not going to be part of this. will take money out of your pocket be- S. 2191; but the bill S. 3036 did not. I do I have had an opportunity to sit down cause you will have to pay higher en- not know anyone who believes this bill with some of the Chinese delegation ergy prices. These are issues that need is going to be signed into law. I am not who are at the global warming con- to be addressed. But we are not being even sure anybody wants it signed into allowed to address them. There is this ferences. They do point out they are a law considering the process it is going sudden urgency that if it does not pass developing nation. I have asked them, through. as a developing nation, is there any this week, the world will not exist next I think it is an effort by the majority point in the future at which they would week. I think that is a lit bit of an ex- saying: Oh, woe is us. We need to have do something to cut down their pollu- aggeration. 60 on our side of the aisle so we can tion? They have assured me they will I have a list of people who were sup- cram these ideas down the other side’s always be a developing nation and will porting this legislation apparently as throat. That is not the Senate. The always come under those provisions. So it is. I think they were generally sup- majority, in fact, is saying, until we do not count on China to help out in porting the concept of cleaning up the have 60 votes on our side, we are not this. environment. But I did notice the list Now, I filed another amendment with of supporters included those who have going to let anything pass. They take my colleagues from Missouri, Ohio, and figured out a way to make some money this approach, even though the energy Oklahoma that is an approach to mak- off this. That is how it works in Amer- crisis is the main concern of the Amer- ing cleaner coal. I have also cospon- ica. But it does leave out those who are ican people. sored another amendment with my fel- currently having a job in these areas. Oh, but that is right, this bill is not low Senator from Wyoming, an amend- Now, it is baffling to me that we are going to do anything for energy prices, being precluded, that it is being cut off ment, that was filed by Senator DOR- particularly in the short run. I am dis- early. I hope my Senate colleagues will GAN from North Dakota taking another appointed with the situation the ma- approach to greening up coal so we can not do that. When the Senate consid- jority leader has put the Senate in more efficiently harness its power ered the Clean Air Act amendments in today that will actually happen tomor- 1990, and it was very important for while minimizing its impact on the en- row morning—it is happening at 9 them to consider that, because prior to vironment. o’clock—which means there is going to I have cosponsored multiple ap- that time we had a one-size-fits-all ap- be debate before the vote, it will be proaches because it is vital we improve proach in the United States. It needed rather limited, probably between the the bill by improving the way we use to be corrected. two leaders. Those clean air amendments of 1990 coal. Half our electricity comes from passed, and they made corrections to I do not think this bill is ready for coal. There is no short-term substitute it. They made a system that worked, or debate, so I voted against proceeding to for coal. We need to come together and at least worked better. There is no this bill. However, now that we are on come up with a real solution, hopefully such thing as perfect legislation. We the bill, we do have to consider its mer- one that does place a little bit of con- spent 5 weeks on the bill. There were its. That is what I have done on all fidence in the ingenuity of the Amer- 180 amendments that were considered, this. That is why I filed two amend- ican people. and 130 were processed. ments to it. Unfortunately, we are not If there is a problem, they can solve Usually, we are asked if we cannot truly debating the bill because the par- it; not always immediately and not al- get our amendments down to two or liamentary procedure, the parliamen- ways without some kind of incentive. three or five. No, you cannot. The rea- tary tactics are going to cut off all the There are a number of ways of pro- son you cannot is that if you have a se- amendments. viding that incentive. We have not got- ries of amendments that deal with the Oh, there will be some conversation ten to discuss those, and the majority smaller topics, people understand them about how there will be 30 hours to do is not going to let us do that today. I better. things after cloture is done. I follow cannot even call up my amendments to You will have one section 3 people the proceedings around here. Now, you let other Members debate them be- will object to, another one 11 people can stall through 30 hours and make cause the majority leader has used a will object to, another one 4 people will sure not a single vote happens. So any- parliamentary tactic to prevent us object to, and pretty quickly you are body who votes for cloture means vot- from offering changes to this bill. at 51. It is a pretty good philosophy if ing to preclude amendments, and any- The majority leader has decided we you do not want an amendment to body who says: Oh, there will be an cannot fully debate what he calls the pass, you cram them all together, so open debate on it and an opportunity greatest environmental threat facing you can generate enough animosity for amendments, ought to check the the world. Is he serious? Well, I am. over each of the parts so it adds up to history on this and see if they have ac- But apparently the proponents of this 51 votes against and it never makes it. tually talked to anybody who would bill are not. If they were, they would be On the other hand, if you are serious allow that to happen because it will be working to come up with a solution to about making changes, then you do it a new one on me. this problem rather than playing an- such as we did with—I was not here at other inning of ‘‘gotcha’’ politics. that time—the Clean Air Act of 1990, So the whole purpose right now is to This is a complex piece of legislation. where there were 180 amendments and do ‘‘gotcha’’ politics, avoid the com- I am not sure anybody knows exactly 130 were processed. mittee to bring it to the floor, have a how it works. The bill we originally We have been debating this bill for motion to proceed introduced on Fri- talked about came through committee. less than a week at this stage, with day, we vote on Monday followed by 30 The substitute we are doing now did lots of interruptions. We have consid- hours, while we are waiting for people not come through committee, so it ered exactly one amendment, and that to show up to vote during the week be- hasn’t had the same look everything is the substitute amendment from the cause they are out on the campaign else had. Democratic chair of the committee trial, and then filing a final cloture Anytime we go to a bill that hasn’t that dramatically changes the bill motion to make it be a one-size-fits- been through committee and we invoke from what came out of committee. all, take-it-or-leave-it bill. cloture so amendments cannot be done, That is not the way to conduct busi- I think it is very unfortunate that we the bills do not make it here. I appre- ness in the Senate. It is not the way to have come to this point. I will oppose

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.095 S05JNPT1 smartinez on PROD1PC64 with SENATE S5196 CONGRESSIONAL RECORD — SENATE June 5, 2008 further tactics designed to shut Sen- lation than this. We are getting at- If we could look at the pie chart, ators out in the cold while the pro- tacked because they say it is too what you see is that most of the money ponents are inside making their own strong. The bottom line is—my friend that is generated in this bill from the global warming plan. will attest because he was part of permits bought by the 2,100 biggest The ‘‘take it or leave it’’ has never this—we had 25 hearings, one of which emitters of carbon goes to tax relief for been a successful approach around I remember well which he chaired, our people, consumer relief for people, here. I am willing to bet it will not be since the day I took the gavel, inclu- deficit reduction, more than half, and a successful approach tomorrow. sive. The bill was written in the sub- the rest goes to investments. A little I yield the floor. committee. The bill was worked on. It bit goes to help the emitters in the The PRESIDING OFFICER (Mr. got to the full committee. I remember early years. The rest goes to national SANDERS). The Senator from Cali- my friend in the chair was not happy security, and international agricul- fornia. with the bill in the subcommittee. He tural resources and forestry, low-car- Mrs. BOXER. Mr. President, I lis- worked very hard. We changed it. Yes, bon technology efficiency, and local tened to my friend from Wyoming, and we changed it, because that is what government action. We want to help I will tell anyone who was listening, legislating is about. There isn’t one local governments. That is why the first, he says the bill is not ready for person in this Chamber who has all the U.S. Conference of Mayors has en- debate. Now he wants to debate. answers. I certainly don’t. This has to dorsed this bill. You know, my friend voted not to go be a collaborative approach. Then a wonderful thing happened. I have to say, what amazes me about to the bill in the first place. He does what I hear from the other side is there not want a global warming bill, neither Senator JOHN WARNER said: I am breaking the stalemate. I have kids. I is nothing about the issue of global do most of the people on that side of warming or climate change. You don’t the aisle, with some exceptions. have grandkids. I am a national secu- rity expert. The national security peo- hear anything, very little except from Their answer is: No, no, no, no, sta- the supporters of our bill. Senator tus quo. That is why they keep losing ple are saying we need to do something about global warming. It is going to be SNOWE, Senator WARNER, yes, we hear seats all around the country. Now, 89 from them. But for the most part, we percent of the people want us to take one of the biggest causes of wars in the future. This is a big issue. Senator have heard no words that let us under- up this legislation. Now, you can say stand where we can sit down and talk. you are against this for technical rea- WARNER came and said he wanted to work with us. That meant we could get As far as China is concerned, to hold sons and procedural reasons. I wish to legislation out of the committee. Sen- them up as some kind of model, if that talk about that, I do, because our lead- ator BAUCUS comes from a huge coal is what my friend was doing, let me say er went to the Republican side and State. He took the lead in the coal pro- that I don’t want to be a party to it. I said: We are ready to come up with a visions. We worked very hard. want to be a party to leading China, good plan to move forward on this bill. When the bill came out of the full leading India, leading the world, not And he said to the other side: Let’s committee, we took it to our col- following countries where the people start off with doing two amendments a leagues in the Senate. We did an un- are so sick they can’t even breathe. side. precedented thing. We had open hear- That is not what we want. We heard No, that wasn’t good enough. ings for every Senator. I don’t know if the same thing when we passed the OK. Let’s make an agreement for 3 Senator ENZI came to any of those. Clean Air Act, Safe Drinking Water amendments, 10 amendments, germane Maybe he did. My staff is sitting here Act, the Clean Water Act, the Endan- amendments. No. It was obvious from next to me. No, he didn’t. I remember gered Species Act—this is the end of the start. No. Well, we think it is time Senator BENNETT came. I remember the world. They made all kinds of ex- to say yes, to stand and tackle the many Senators came. They asked the cuses why we should not act. problem of global warming. They do experts the questions. We had the not think it is time. Tomorrow, we have a chance. I hope IPPC, the leading experts. We had the we will get a good vote. I don’t know I don’t think they will ever think it Bush administration come to talk is time. what we will get. But I do want to put about public health problems. We into the RECORD some very important What is really remarkable is that the opened a transparent process to all. We States out there have started. The letters from our colleagues. asked Senators: Can I come to your of- First, I am very touched to tell my western Governors have gotten to- fice? I went to probably 30 offices. Sen- colleagues that we have a letter from gether. They have signed a western cli- ator LIEBERMAN did. Senator WARNER Senator KENNEDY. I am so happy to say mate initiative. Why? The American did. Anyone who wanted it did. Trans- that. It reads: West is heating up more rapidly than parent. What do you need? What do you the rest of the world. That is where my DEAR CHAIRMAN BOXER: I commend you think? How can we do this better? How and Senator Lieberman and Senator Warner friend comes from. I didn’t hear him can this work? That is the way legisla- talk about global warming. I heard him for your leadership on the Climate Security tion ought to be done. That is what Act. At long last, significant legislation long talk a lot about China. I don’t know leadership is. needed to address this growing crisis is ready what he was saying, whether he is so This is a tripartisan piece of legisla- for Senate action, and I wish very much that happy that China keeps building these tion—a Democrat, a Republican, and I could be there for this landmark debate. dirty coal plants. I will tell him, the an Independent. I will say this: When Regrettably, I’m unable to participate, but people of China can’t breathe. There you say no to this and when you divert I hope my colleagues will support the Act by was a whole series about this. We want attention to gas prices, which have voting for cloture, as I would if I were able to have a clean coal future. That is gone up 250 percent under George to do so. why the Boxer-Lieberman-Warner bill Bush—250 percent—and when you say With respect and appreciation and all great invests heavily in clean coal. We un- this bill is going to make it worse, you wishes, derstand there is 200 years worth of Sincerely, don’t really know what you are talking EDWARD M. KENNEDY. coal in America, and we want to make about because if you look at the mod- sure we get the technologies moving. eling that was done—and George Bush TED, if you or your family is watch- That is why we want this bill, so we get confirmed this—the modeling says ing, we received this letter with such to the day where we can have clean under a worst-case scenario, gas will go pride. We thank you so much, and we coal. up 2 cents a gallon per year for 20 send you our heartfelt prayers and I want to tell my friend, he got up years. It is a 12-percent increase attrib- hopes for a speedy recovery. We miss and criticized the way this bill was utable to this bill which we know will you so much. handled and the rest. I wish to speak be entirely offset by the fuel economy. I ask unanimous consent to have about what we have done on our com- In other words, that 2 cents will be off- printed in the RECORD a letter from mittee. set by the fuel economy bill. So this Senator BIDEN: The Presiding Officer serves on that bill will lead to lower gas prices. Why? There being no objection, the mate- committee and is an active member Because it will spur technology. That rial was ordered to be printed in the who has supported even stronger legis- is the point of the bill. RECORD, as follows:

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.096 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5197 U.S. SENATE, Mr. LAUTENBERG. Mr. President, I truth to the American people without Washington, DC, June 5, 2008. compliment the Senator from Cali- having their research suppressed—sup- Senator BARBARA BOXER, fornia for her leadership on the Envi- pressed—by a President and an admin- Chairman, Committee on Environment and Pub- ronment Committee and on this impor- istration with a political agenda. lic Works, U.S. Senate, Washington, DC. tant legislation. It is time to face up to President Bush, his administration, DEAR CHAIRMAN BOXER: As we discussed, I it. One cannot find a more critical en- and many here in Congress have squan- regret that a longstanding speaking commit- vironmental issue facing this Senate, dered precious years, ignoring the re- ment will cause me to be absent for the our country, or our world than fighting ality of global warming. Even worse, scheduled cloture vote on your substitute global warming. We need legislation they hindered and outright suppressed, amendment to S. 3036, the Lieberman-War- that faces this problem head-on. Inac- ner Climate Security Act. as I mentioned, the work of Govern- I write to make it clear for the record that, tion here endangers our children, our ment scientists who were sounding the had I been present, I would have cast my grandchildren, and future generations alarm about global warming’s effect on vote in support of cloture. who can never understand the opposi- our planet and all of us who inhabit it. Sincerely, tion and unwillingness of the Senate to The United States is expected to be a JOSEPH R. BIDEN, Jr., deal with this problem. Yet, as we leader in the world. Yet, while the 2,500 U.S. Senator. stand here now, Senators on the other scientists from 113 countries were col- Mrs. BOXER. We thank Senator side of the aisle are filibustering this laborating on the most recent United BIDEN. I again thank Senator OBAMA. legislation. We are losing precious Nations Intergovernmental Panel on He sent a similar letter that he would, time. The patient is sick, and we have Climate Change report on global warm- if he were here, vote for cloture. And a to start providing the meds. We have ing, the President of the United States beautiful statement from Senator already lost over 7 years under a Presi- was still unwilling to hear the truth. CLINTON from which I will read in part: dent who has ignored science and ques- . . . I would vote for cloture on this legis- tioned the very existence of global The Intergovernmental Panel on Cli- lation if I were able to be present in the Sen- warming. We have seen other Members mate Change report found that: ate. . . .The time is now to move forward of this body do the same thing, even and deal with global warming, and I urge my Warming of the climate system is un- colleagues to vote for cloture. calling global warming a hoax. equivocal. As we sit here and wait for leadership Continuing from her letter: from our President and from this Con- And human activity is to blame. This bill makes steep reductions in emis- gress, our world is literally paying the Beyond the importance of what the sions, encourages the development and de- report said is the fact that the report ployment of clean energy technology, pro- price. As temperatures rise, our world vides assistance for American families, suffers. In the United States, the gla- relied on uncensored, unaltered science training for workers whom the clean energy ciers in Glacier National Park are to say so. In contrast to the integrity industry will demand. shrinking. The park’s largest glaciers and accuracy of the IPCC report, the I ask unanimous consent to have the are one-third of their 1850s grandeur. Bush administration has censored the letter printed in the RECORD. The oceans are being altered. Ocean conclusions of the U.S. scientists to ad- There being no objection, the mate- levels are rising, threatening coast- vance a political agenda. The adminis- rial was ordered to be printed in the lines far across the globe and here at tration has blocked or delayed the re- RECORD, as follows: home, including, in my State, the New lease of Government reports on global M. President, the scientific consensus is Jersey seashore, where the very sur- warming. It has deleted key words such clear: strong and swift action to reduce vival of the State’s residents is at as ‘‘global warming’’ from public docu- greenhouse gas emissions is needed to pre- stake. Defense experts see security ments. And it has denied scientists the vent catastrophic effects of climate change. risks from global warming. A Pentagon ability to freely discuss their conclu- That’s why the debate this week in the Sen- report says that large populated coun- sions with the public. ate about the cap-and-trade bill crafted by tries could become nearly uninhabit- Senators Boxer, Lieberman and Warner is so Mr. Phil Cooney, the former Chief of important. This bill makes steep reductions able because of rising seas. Staff for the White House Council on in emissions, encourages the development Megadroughts could affect the world’s Environmental Quality, was one of the and deployment of clean energy technology, breadbaskets, such as America’s Mid- architects of this campaign of sci- provides assistance for American families, west, and future wars could be fought entific suppression. training for workers that the clean energy over the issue of mere survival in this industry will demand. I congratulate Chair- Mr. Cooney—not a scientist—weak- new climate. ened or edited out scientific judgments man Boxer for moving this bill to the floor. The American people sent us here to from Federal climate change reports. It’s a first step toward Congress enacting a take real action and to confront these These changes made the threat of glob- cap-and-trade bill as part of a broad, com- problems. We need to take some bold prehensive effort to combat global warming al warming seem less serious. In the steps to reduce greenhouse gas emis- and reduce our dependence on foreign oil, in- 2002 climate change report ‘‘Our Chang- sions to match the research of the cluding aggressive steps to improve energy ing Planet,’’ the original text read, world’s best scientists. This bill would efficiency and deploy renewable energy that ‘‘Earth is undergoing a period of rel- will benefit our economy and help create be a critical step forward. It would re- atively rapid change.’’ Mr. Cooney millions of new jobs. I believe that we can duce emissions by 15 percent by the changed that to, ‘‘Earth may be under- and should make this bill even stronger, and year 2020 and by nearly 70 percent by going a period of rapid change’’—to- I hope that we can do that as we continue to the year 2050. consider the bill. For now, we need to move It will do so by placing a cap on our tally altering the significance of this forward on this important legislation. That’s statement. Mr. Cooney later left the why I would vote for cloture on this legisla- emissions and giving industry the flexi- bility it needs within a cap-and-trade administration to go to work for tion if I were able to be present in the Senate ExxonMobil. for the vote. The time is now to move for- system. We already know that a cap- ward and deal with global warming, and I and-trade system works. We used it in In 2006, 13 other Senators joined me urge my colleagues to vote for cloture. the 1990s to successfully combat acid in asking the inspectors general of Mrs. BOXER. She congratulates us rain, and we should be doing the same NOAA and NASA—both agencies—to on the bill. It is with great pride that thing now to fight global warming. investigate the Bush administration’s I add these letters to Senator OBAMA’s I ask my colleagues, please join us in suppression of science on global warm- letter. taking this landmark step forward, and ing. The report from NASA just came I do hope my colleagues will give us do not let politics interfere with our out this week and found that political a ‘‘yea’’ vote. We know that under the obligation to protect our families. appointees in NASA’s press shop had rule, we can have amendments. Abso- As we move forward, we have to lis- manipulated the work of scientists. lutely, we can. We hope we will get a ten to those scientists who dedicate The inspector general stated that polit- good cloture vote. their lives to the pursuit of fact and ical appointees at NASA had ‘‘reduced, I yield the floor. truth, not raw politics. We have to marginalized, or mischaracterized cli- The PRESIDING OFFICER. The Sen- make sure scientists in our country mate change science made available to ator from New Jersey. can freely do their work and tell the the general public.’’

VerDate Aug 31 2005 06:27 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.037 S05JNPT1 smartinez on PROD1PC64 with SENATE S5198 CONGRESSIONAL RECORD — SENATE June 5, 2008 It is incredible to believe. It is sim- I hope the experience for every one of MN; Sarah Rosenberg, Chicago, IL; ply unacceptable for the greatest de- these pages is half as good as for my Brandon Skyles, Buckley, WA; Andrew mocracy in the world to stifle the find- granddaughters. When I say it changed Solomon—I repeat—Gardnerville, NV; ings of scientists for political and ideo- their lives, I am not joking. Take Ryan Jacob Waalk, Monroe, LA; Ryan logical reasons. It is common sense to as an example. She did not read news- Wingate, Montpelier, VT. listen to the best scientists in the papers. She was not really interested in I look forward to seeing these fine world and to act on their research. And what was going on in Government. But young men and women at 10 o’clock in their research is telling us that global she now is. She reads, watches the the morning, Mr. President. warming is getting worse and it is time news, and sees people come through the f for us to act. Senate whom she used to work with. REMEMBERING SENATOR VANCE It is disappointing beyond words that It does not hurt my feelings—and it HARTKE our colleagues on the other side of the should not hurt the other 98 Senators— aisle are preventing us from moving to accept the proposition that their fa- Mr. KERRY. Mr. President, it is a forward with this bill. In this place— vorite Senator is ROBERT BYRD. Now, privilege today to submit to the the Senate—and at this time, some ROBERT BYRD is frail and not as strong RECORD an essay by Jan Hartke, my Members of the Senate are putting spe- and vigorous as he was when I first friend and the son of our late col- cial interests and politics ahead of the came to the Senate. But the pages, league, Senator Vance Hartke of Indi- safety and well-being of our people. We when my granddaughters were here, ana. have to act now, and this bill is the voted for which Senator they liked William Butler Yeats famously right place to start. We dare not let most, and it was ROBERT BYRD. wrote: ‘‘my glory was I had such this time pass without action. Well, I am confident that as a result friends.’’ To know Vance Hartke as a Mr. President, I yield the floor. of these young men and women being cherished friend, as an ally to all who The PRESIDING OFFICER. The ma- here, they will have a new enthusiasm are not just unashamed but actually jority leader is recognized. for public service. I know the Presiding proud to seek peace, as a fellow Navy f Officer and I believe in government. man, and particularly as a mentor, pro- tector, and champion for those of us THANKING THE SENATE PAGES Government is good. When people are in trouble, where can you go for help? who returned from Vietnam to oppose Mr. REID. Mr. President, today is the Mr. President, 9/11 said you can look to the war—really, that was all the glory last day of service for our current page your God, whoever that might be, you or honor any of us ever really need or class. On behalf of all Senators, I thank can look to your family, and you can deserve. them for the job they do every day for Vance’s passing hit me like a punch look to government. There are very few us—running these documents all over to the gut; I was driving in New Hamp- places to go other than that. And for the Capitol, rushing around here to shire in July of that long hot summer government, we need good people, in make sure amendments are filed appro- of 2003, in the middle of a Presidential appointive office and in elective office. priately and, for me, often filing clo- campaign, when the jarring news came I do not think there is a higher calling ture motions. They do a lot. The glass to me—and brought back memories of than public service. I personally feel so of water I have here, as for every Sen- my earliest years as an antiwar activ- fortunate every day to be a public serv- ator, they know whether they want ist, and of a public servant who shared ant. Do we make all the money that sparkling water, water with ice, cold our cause and our concerns. Then and people can make on the outside? No. water, warm water. throughout his life, Vance was compel- But we make enough money. We make These are wonderful, intelligent ling in the absolute sincerity of his plenty of money. So I hope these young young men and women. It would have character. He was spurred to soul- men and women find ways, big and been a wonderful experience to be a searching by America’s disastrous small, to serve and honor the country page when I was a boy. I hope my vi- intervention in Vietnam. He found sion of the time they have had is ap- that we love and they love. I have the honor in the morning of himself asking, as many now ask of propriate in that they really do have Iraq, not just ‘‘How do we end this the time I think they are having. being able to speak at the pages’ grad- uation. I look forward to doing that. I war?’’ but ‘‘How do we learn from our They have seen this body, the great- mistakes and end the mindset that got est deliberative body in the history of am going to do that at 10 o’clock in the morning. us into war?’’ the world, debate some very difficult It was a profound moral compass issues. They have seen us succeed at But, Mr. President, for today, I wish to enter the names of all of this semes- that led Senator Hartke to work with times, maybe not succeed at other Senators Mark Hatfield, Jennings Ran- times. But I hope they always believe ter’s pages in the RECORD in honor of their service. The first two names I dolph, Sam Nunn, and Spark Matsu- we approach our job with sincerity, of naga on legislation to found the U.S. having different views but always read off tonight are a couple Nevadans: Danae Moser, Sparks, NV; Andrew Sol- Institute of Peace, whose continued striving to make our country stronger. work studying conflict and building It is lost on no one that more than a omon, Gardnerville, NV. Alyssa Abra- understanding has become a testament few of our Senators who have served ham, Franklin, TN; Brittany to the nobility of Vance’s aspirations here and served in the House have been Ashenfelter, Redfield, IA; Joanna Beletic, Arlington, VA; Genny and the life he lived in support of them. pages. Chris Dodd from Connecticut With the groundbreaking of a beau- Beltrone, Great Falls, MT; Andrew was a Senate page. I talked to him tiful new building, the organization Carter, Madison, WI; Christopher Cary, about it today. That was the beginning built to house Senator Hartke’s ideas of his career. Parkville, MO; Phoebe Chaffin-Busby, finally has a home worthy of its found- Mr. President, I have in my office Little Rock, AR; Allie Dopp, Bountiful, er. right across the hall pictures of my UT; Ronson Fox, Waipahu, HI; Jennifer Here, for the Senate RECORD, is a two first grandchildren—two beautiful Goebel, Plano, TX; Adrienne Gosselin, powerful essay—which captures little girls, little babies. They could Nashua, NH; Mary Margaret Johnson, Vance’s vision as only his son could—in not sit up. They were so small, they Madison, MS; Taylor Johnson, honor of this historic event. were propped up against something. Orrington, ME; Jocelynn Knudsen, Mis- I ask unanimous consent to have the One of them was born in September soula, MT; Olivia Konig, Great Falls, essay to which I referred printed in the and the other was born in November. VA; James Lee, Fairfax, VA; Ashley RECORD. Ryan and Mattie—beautiful little ba- Lewis, Canton, MI; Mark Loose, Ander- There being no objection, the mate- bies. But I have in front of that picture son, IN; Joshua Moscow, Lexington, rial was ordered to be printed in the a picture of my two oldest grand- KY; Danae Moser—again, I repeat in al- RECORD, as follows: children in their Senate page uniforms. phabetical order—Sparks, NV; Hamid NEW PEACE BUILDING ON NATION’S MALL They were Senate pages. Being Senate Nasir, Anchorage, AK; Evan Nichols, A new building dedicated to international pages changed their lives, and I am not Eaton Rapids, MI; Cody O’Hara, Flor- peace will begin to rise in Washington, D.C. exaggerating. It was a wonderful expe- ence, KY; Reed Phillips, Alexander between the Lincoln Memorial and the Ken- rience for my two grandchildren. City, AL; Augusta Rodgers, Winona, nedy Center at the northwest corner of the

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.101 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5199 National Mall during a groundbreaking cere- Forty years after he envisioned the cre- unfortunately a cancer that stymies mony on June 5, 2008. President Bush and ation of USIP, Senator Hartke’s challenging development and political progress in Speaker Pelosi will offer remarks. and prophetic words still ring true: ‘‘I have that country; Transparency Inter- The building will house the U.S. Institute the unshakable conviction that we have it national’s Corruption Perception of Peace (USIP), with its headquarters and within our power to end this war (Vietnam) public education center, an idea whose roots and the syndrome of war itself. . . . For in Index, 2007, ranks Nigeria 147th out of can be traced back to President George the end, it is the dreamer who is the greatest 179th. Washington and the framers of the U.S. Con- realist.’’ Nigeria is a PEPFAR focus country, stitution. f with a 3.9 percent prevalence rate The building will not be a monument to an among adults. Given Nigeria’s signifi- individual or commemorate a significant MILLENNIUM CHALLENGE cant natural resources, it is imperative event in our nation’s history. Rather, it will CORPORATION FUNDING be a place where the hard work of peace goes that the AIDS Coordinator begin a on, where globally recognized experts on con- Mr. GREGG. Mr. President, I had the process of transitioning from U.S. to flict resolution will seek ways to prevent ac- fortunate opportunity to travel to Afri- Nigeria-funded programs. America can cidental and unnecessary wars, limit their ca and South America over the Easter help the Government of Nigeria spend scope and severity, and identify and facili- recess, and I want to take a moment to its health dollars, but I question the ef- tate exit strategies. The USIP building will share some of my observations with my ficacy of U.S. funding for HIV/AIDS symbolize America’s most cherished ideal— colleagues. programs in that country. I will have enduring peace on earth. The design of this historic building by Mali receives significant U.S. foreign more to say on this issue when the world-renowned architect, Moshe Safdie, is assistance totaling $45 million in fiscal Senate considers the reauthorization of in perfect harmony with its noble purpose. year 2007, $55 million in fiscal year PEPFAR, perhaps later this year. From its imaginative white roof shaped like 2008—and $461 million in Millennium Namibia is also a PEPFAR focus the wings of a dove, to its open and trans- Challenge Corporation, MCC, funding. country, and received $86.9 million in parent glass atrium, the USIP building While Mali appears headed in the fiscal year 2007 and $103 million in fis- seems infused with the hope and promise and right direction, I worry that the MCC cal year 2008 for HIV/AIDS programs. work of peace. The idea for the USIP arose during the is going down the wrong path, specifi- Unfortunately, other programs for Na- Vietnam War, when Senator Vance Hartke cally by funding a $90 million renova- mibia, specifically support for democ- tried to make the case to his friend, Presi- tion project for Bamako airport’s run- racy activities, has been in steady de- dent Johnson, that the war was a terrible way and terminal. I understand that cline over the past few fiscal years and mistake, based on a misinterpretation of his- this project may have been formulated is being zeroed out. Given that the rul- tory, culture, and geopolitics. Unfortu- through a consultative process, but it ing SWAPO party is no longer a mono- nately, President Johnson interpreted his seems to me that it should be funded lith, and splinter parties are forming, dissent as disloyalty to him and his Adminis- tration. Nor did the other institutions make through the African Development Bank the Administration’s reduction in as- the case for peace. Even the State Depart- or by private investment. I expect the sistance to Namibia may be ill timed ment was for war. MCC to justify to the State, Foreign and ill advised. At that point, Senator Hartke realized Operations Subcommittee the neces- My staff and I are exploring ways to that something was missing from the Na- sity for U.S. taxpayers to fund the air- ensure that sufficient funding exists tion’s decision-making apparatus on the port project, and to consult on the re- for non-HIV/AIDS programs for Na- great issues of war and peace. He saw the programming of funds required by the mibia, including immediate support for need for a non-partisan entity with analyt- ical depth and institutional heft whose sole derailed $90 million industrial park domestic election monitoring activi- mandate was to advance the cause of peace. project. ties in that country, and like Nigeria, Joined by Senator Mark Hatfield, they intro- The funding disparity and contrast I encourage PEPFAR personnel to ex- duced legislation that laid the cornerstone between our traditional development plore sustainment strategies for U.S.- for the eventual creation of the USIP. agency—the U.S. Agency for Inter- funded HIV/AIDS programs. The legislation was moved forward through national Development, USAID—and I am also concerned that the United a commission headed by Senator Spark Mat- the MCC was glaring in Mali. Where States is not supporting enough ex- sunaga, whose members were appointed by President Carter. Public hearings were held USAID—could benefit from a slight in- change programs with countries in Af- across the country. The upshot was that ex- crease in overall funding, the MCC was rica. I intend to increase these pro- perts from a wide variety of fields were of- struggling to determine how best to re- grams in upcoming appropriations fended by the notion that the search for program $90 million. I am very con- bills. peace was wishful thinking and futile. With cerned that MCC may not live up to its South Africa is also a PEPFAR focus a sweeping charter, the bi-partisan legisla- billing as a more effective aid delivery country and received $398 million in tion was passed and signed into law by Presi- program, and its deep pockets may cre- fiscal year 2007 and $547 million in fis- dent Reagan in 1984. ‘‘The somewhat radical notion underlying ate unintended opportunities for cor- cal year 2008 HIV/AIDS funding. South USIP’s creation,’’ Corine Hegland wrote in a ruption. Africa is running a budget surplus—in perceptive article in the National Journal,’’ I had the opportunity to visit the this case totaling $2.4 billion. was that the science of peace could be stud- U.S. Embassy and learned of the loss of I am very pleased that our U.S. Am- ied, refined, and taught in much the same air conditioning for a lengthy period of bassador understands the need for manner as military skills and strategies had time which was a burden to American South Africa to assume greater finan- been consciously honed for centuries.’’ and local staff. This is not the first cial responsibility for HIV/AIDS pro- ‘‘We got it wrong after 9/11,’’ as USIP’s Ex- ecutive Vice-President Patricia Thomson time I’ve heard of problems at our grams, and it is unfortunate that cer- sees it. ‘‘We restructured our homeland-secu- newly built embassies, and I encourage tain South Africa government officials rity institutions, but we should have restruc- the State Department to make sure have not been aggressive in addressing tured our foreign-policy institutions.’’ The that no patterns exist at these facili- this issue. Any future support for HIV/ current work of the USIP still encompasses ties because of subpar contractors or AIDS programs in South Africa should basic research but increasingly its store- equipment. be conditioned on the development and house of best peace practices has been used Like Mali, Nigeria receives signifi- implementation of sustainment strate- and applied in countries around the world, wherever hot spots flare. USIP’s Chairman, cant U.S. assistance primarily through gies to ensure that the Government of Robinson West, and President, Richard Sol- a new initiative, the President’s Emer- South Africa assume the care for its in- omon, have mobilized their staff of 142 em- gency Plan for AIDS Relief, PEPFAR. fected populations. ployees to rethink conflicts with a bold view Assistance in fiscal year 2007 totaled Crime remains a significant chal- toward preventing and ending them. $350 million and $491 million in fiscal lenge to everyone in South Africa, and The body of work of USIP shows an evolv- year 2008, of which $282 million and $410 given the increased personnel require- ing institution whose basic values lie at the million are for HIV/AIDS activities, re- ments associated with PEPFAR, it heart of civilization, whether it is recruiting may make sense to allow the use of statesmen like Lee Hamilton and James spectively. Baker III to lead the Iraq Study Group, or On paper, Nigeria is wealthy country PEPFAR funds for administrative and the efforts to implement the Dayton Peace with significant oil reserves, and, we operational expenses at the U.S. Em- Accords led by former Chairman Chester were told, an estimated $57 billion in bassy, including for security purposes. Crocker. an excess crude account. Corruption is New initiatives create increased desk

VerDate Aug 31 2005 06:27 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.039 S05JNPT1 smartinez on PROD1PC64 with SENATE S5200 CONGRESSIONAL RECORD — SENATE June 5, 2008 and office space needs, and I’ve asked Everywhere across America, young capacity through his involvement in my staff to take a closer look at this people hear, and for decades have the Department of Defense’s Morale, issue in anticipation of marking up the heard, the call to serve their commu- Welfare & Recreation, MWR, services fiscal year 2009 State, Foreign Oper- nities; everywhere across America, and and programs. His work helped to en- ations Appropriations bill. most certainly in Vermont, they an- hance the lives of these employees by I also intend to continue to work swer that call at an early age. Like so promoting fitness, good health, and ca- with Secretary of State Rice on resolv- many volunteer firefighters, Ralph maraderie. ing travel issues impacting members of joined his department when he was in Jim went on to fulfill his goal of re- the Africa National Congress, which is his early twenties. ceiving an education by attaining a de- an unnecessary irritant in U.S.-South In 1953, at the age of 30, Ralph Jack- gree in hospitality management from African relations. man was named chief of the Vergennes Cornell University. He would use these Finally, although Argentina is not a Fire Department. He has served in that skills to support the soldiers he greatly major recipient of U.S. foreign assist- capacity for over half a century, pro- respected and admired. ance—some $2 million was provided in tecting the citizenry and their prop- Throughout his life, Jim strived to fiscal year 2008—relations between our erty in this city near Lake Champlain. bring comfort to members of our armed countries have been historically good. I In large part owing to Mr. Jackman’s services. Among his many accomplish- encourage my colleagues to continue leadership, the department was able to ments, he managed the Armed Forces to follow counterdrug and counterter- successfully upgrade its fire station, Recreation Center—Europe, helped to rorism developments in that country— recruit many new members and acquire plan and execute the Department of and region. the large array of vehicles, equipment, Defense’s R&R program during Oper- f and apparatus that his fire department ations Desert Shield and Desert Storm, needed. ILLEGAL LOGGING and was instrumental in the develop- Testimony to his leadership are the ment of Shades of Green—a Walt Dis- Mr. BURR. Mr. President, the exten- positions he has held and the honors he ney World Resort for members of our sion of the Lacey Act within this legis- has received: two-time past president military. lation to cover imported timber and of the Vermont State Firefighters As- Jim served as the hotel’s manager wood products sends a strong signal sociation, past president of the Addison and helped it to achieve great success. that the U.S. Congress is serious about County Firefighters Association, Since its opening in 1995, Shades of supporting the President’s Initiative ACFA, the Robert B. King Fire Chief of Green has routinely achieved one of Against Illegal Logging. the Year and as the Frances J. Shorkey the highest occupancy rates of any The practice of illegal logging—both Fire Chief of the Year. American hotel. in the United States and abroad—is a Today, even though he is in his Jim managed Shades of Green up deplorable act that poses environment eighties, Ralph Jackman continues to until his passing early this month. It threats as well as threats to legitimate serve as the active fire chief in was truly his pride and joy, and was businesses that operate within the rule Vergennes and manages all the day-to- one of his many contributions to our day operations of the department. of law. Nation. I applaud his steadfast com- It is crucial, that as this legislation Not content with his service as a fire- mitment to improving the lives of oth- is implemented, a clear distinction be fighter, and desiring to serve further, ers. On behalf of Florida and the people drawn between ‘‘innocent’’ owners in in addition to his role as fire chief, of the United States, I would like to the supply chain who in good faith Ralph Jackman answered his Nation’s honor this great American for remind- trade in wood products that they be- call: he is a World War II veteran, and ing us all of what makes our Nation lieve to be legally harvested abroad, served in the Army Reserves from 1946 great.∑ and those who knowingly traffic in ille- to 1972. He is also a member of the gal material. American Legion Post 14, continues to f It is the concern of Congress that serve as Vergennes fire warden, and has CONGRATULATING THE AMERICAN this line be clearly drawn when pros- been a member of the Rotary Club for BUSINESS WOMEN’S ASSOCIATION 55 years. He has also been an organizer ecutions occur under this act. ∑ Mr. BUNNING. Mr. President, I Therefore, I support the provision in- for Meals-On-Wheels. would like to congratulate the Amer- cluded in this act that places the bur- I am proud of the work that Chief ican Business Women’s Association, den of proof in civil forfeiture cases on Jackman has done for the city of ABWA, which will be holding their 2008 the government, as provided by the Vergennes, the State of Vermont and National Women’s Leadership Con- Civil Asset Forfeiture Reform Act. for the spirit of public service and vol- ference in Covington, KY. For nearly 60 f unteerism in this country. Mr. Jackman’s dedication to his family, to years the ABWA has identified and ad- ADDITIONAL STATEMENTS his fellow volunteer firefighters, the dressed the needs of working women. fire service, and to the people of his Local ABWA chapters continuously contribute to the professional develop- TRIBUTE TO RALPH JACKMAN community is worthy of commenda- tion, and today I commend him in the ment of their members through edu- ∑ Mr. SANDERS. Mr. President, it highest terms.∑ cational programs, along with chari- gives me great pleasure to bring to the table opportunities, networking, and f attention of the Nation, and my col- scholarships. The national scholarships leagues in this body, the remarkable A TRIBUTE IN MEMORY OF JIM sponsored by ABWA have helped thou- career of Ralph Jackman of Vergennes, MCCRINDLE sands of women meet their educational VT, who has served that small city as ∑ Mr. MARTINEZ. Mr. President, it goals. its volunteer fire chief for the past 54 gives me great pleasure to recognize a With several Kentucky and Ohio years. While it is difficult to confirm dedicated public servant and a patri- chapters and networks sponsoring this this fact definitively, it is my under- otic American from my home State— year’s conference, over 1,000 women standing that Ralph Jackman is the Mr. James ‘‘Jim’’ McCrindle. Jim from around the country are expected longest serving fire chief in the history passed away on June 1, but his legacy to attend. In addition to meeting dis- of this country. This historic longevity lives on through all that he accom- tinguished speakers, members will at- of service is deserving of celebration, plished and all those he touched. tend seminars and workshops on pro- as is the quality of leadership he has In 1961, Jim immigrated to America fessional development, industry trends brought to his community, his State from Ayr, Scotland, to pursue an edu- and techniques to improve their job and this Nation. cation and earn his piece of the Amer- skills. In much of rural America, volunteer ican dream. He joined the U.S. Army in By improving the lives of women for firefighters are not just first respond- 1962 and attained the rank of specialist more than a half century, the Amer- ers, but the heart of their commu- five. ican Business Women’s Association has nities, an essential part of the glue Following his military service, Jim proven itself to be an exemplary pro- that holds those communities together. began serving our Nation in a different fessional development organization. I

VerDate Aug 31 2005 06:34 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.044 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5201 congratulate the ABWA for its success cal year 2009 and including the appro- Suitland, Maryland, as the ‘‘Thomas Jeffer- in supporting the dreams of working priate budgetary levels for fiscal years son Census Bureau Headquarters Building’’; women and welcome their national 2008 and 2010 through 2013. to the Committee on Environment and Pub- conference to Kentucky.∑ The message also announced that the lic Works. H.R. 5669. An act to amend the Public f House has passed the following bills, in Health Service Act to reauthorize the poison which it requests the concurrence of center national toll-free number, national CONGRATULATING CARRIE LIERL the Senate: media campaign, and grant program to pro- ∑ Mr. BUNNING. Mr. President, today I H.R. 1343. An act to amend the Public vide assistance for poison prevention, sus- congratulate Ms. Carrie Lierl on plac- Health Service Act to provide additional au- tain the funding of poison centers, and en- ing first in Kentucky for the 21st an- thorizations of appropriations for the health hance the public health of people of the centers program under section 330 of such United States; to the Committee on Health, nual National Peace Essay Contest Education, Labor, and Pensions. State-level competition. Sponsored by Act, and for other purposes. H.R. 3712. An act to designate the United H.R. 5893. An act to reauthorize the sound the United States Institute of Peace, States courthouse located at 1716 Spielbusch recording and film preservation programs of the National Peace Essay Contest asks Avenue in Toledo, Ohio, as the ‘‘James M. the Library of Congress, and for other pur- American high school students to write Ashley and Thomas W.L. Ashley United poses; to the Committee on Rules and Ad- an analytical essay on a topic chosen States Courthouse’’. ministration. by the Institute’s board of directors. H.R. 5599. An act to designate the Federal H.R. 5972. An act to make technical correc- This year’s topic was on the relation- building located at 4600 Silver Hill road in tions to the laws affecting certain adminis- Suitland, Maryland, as the ‘‘Thomas Jeffer- trative authorities of the United States Cap- ship between natural resources and itol Police, and for other purposes; to the international conflict. An independent son Census Bureau Headquarters Building’’. H.R. 5669. An act to amend the Public Committee on Rules and Administration. panel of experts judges each essay and Health Service Act to reauthorize the poison The following concurrent resolutions a winner is chosen from every state, center national toll-free number, national were read, and referred as indicated: plus one from U.S. territories and one media campaign, and grant program to pro- H. Con. Res. 335. Concurrent resolution au- from among American students living vide assistance for poison prevention, sus- thorizing the use of the Capitol Grounds for tain the funding of poison centers, and en- abroad. a celebration of the 100th anniversary of hance the public health of people of the In addition to placing first in Ken- Alpha Kappa Alpha Sorority, Incorporated; United States. tucky, Carrie will receive a $1,000 col- to the Committee on Rules and Administra- H.R. 5893. An act to reauthorize the sound lege scholarship and is currently com- tion. recording and film preservation programs of H. Con. Res. 366. Concurrent resolution ex- peting for national scholarship awards the Library of Congress, and for other pur- pressing the sense of Congress that increas- of up to $10,000. On June 22, 2008, Carrie poses. ing American capabilities in science, mathe- will join fellow essay winners from H.R. 5972. An act to make technical correc- matics, and technology education should be around the country in an all-expense tions to the laws affecting certain adminis- a national priority; to the Committee on trative authorities of the United States Cap- paid weeklong seminar in Washington, Health, Education, Labor, and Pensions. DC, to participate in embassy brief- itol Police, and for other purposes. ings, and conflict resolution simula- The message further announced that f tions, while meeting with officials the House has agreed to the following MEASURES PLACED ON THE from Congress, Federal agencies, and concurrent resolutions, in which it re- CALENDAR experts and practitioners from various quests the concurrence of the Senate: The following bill was read the sec- organizations. H. Con. Res. 311. Concurrent resolution au- ond time, and placed on the calendar: Ms. Lierl has proven herself to be an thorizing the use of the Capitol Grounds for H.R. 6049. An act to amend the Internal exemplary student, representing the the Greater Washington Soap Box Derby. Revenue Code of 1986 to provide incentives Commonwealth of Kentucky at the 2008 H. Con. Res. 335. Concurrent resolution au- for energy production and conservation, to National Peace Essay Contest. I look thorizing the use of the Capitol Grounds for extend certain expiring provisions, to pro- forward to seeing all that she will ac- a celebration of the 100th anniversary of vide individual income tax relief, and for Alpha Kappa Alpha Sorority, Incorporated. other purposes. complish in the future. H. Con. Res. 366. Concurrent resolution ex- f pressing the sense of Congress that increas- f ing American capabilities in science, mathe- MEASURES READ THE FIRST TIME MESSAGES FROM THE PRESIDENT matics, and technology education should be The following joint resolution was Messages from the President of the a national priority. read the first time: United States were communicated to At 5:01 p.m., a message from the H.J. Res. 92. A joint resolution increasing the Senate by Mrs. Neiman, one of his House of Representatives, delivered by the statutory limit on the public debt. secretaries. Ms. Niland, one of its reading clerks, f f announced that the House has passed EXECUTIVE AND OTHER EXECUTIVE MESSAGES REFERRED the following joint resolution, in which COMMUNICATIONS it requests the concurrence of the Sen- As in executive session the Presiding ate: The following communications were Officer laid before the Senate messages laid before the Senate, together with from the President of the United H.J. Res. 92. Joint resolution increasing the statutory limit on the public debt. accompanying papers, reports, and doc- States submitting sundry nominations uments, and were referred as indicated: f which were referred to the appropriate EC–6519. A communication from the Coun- committees. MEASURES REFERRED sel for Legislation and Regulations, Office of (The nominations received today are The following bills were read the first Housing, Department of Housing and Urban printed at the end of the Senate pro- Development, transmitting, pursuant to law, and the second times by unanimous ceedings.) the report of a rule entitled ‘‘Project Design consent, and referred as indicated: and Cost Standards for the Section 202 and f H.R. 1343. To amend the Public Health Section 811 Programs’’ (RIN2502–AI48) re- MESSAGE FROM THE HOUSE Service Act to provide additional authoriza- ceived on June 3, 2008; to the Committee on tions of appropriations for the health centers Banking, Housing, and Urban Affairs. At 3:24 p.m., a message from the program under section 330 of such Act, and EC–6520. A communication from the Direc- House of Representatives, delivered by for other purposes; to the Committee on tor, Regulatory Management Division, Envi- Mrs. Cole, one of its reading clerks, an- Health, Education, Labor, and Pensions. ronmental Protection Agency, transmitting, nounced that the House agrees to the H.R. 3712. To designate the United States pursuant to law, the report of a rule entitled report of the committee of conference courthouse located at 1716 Spielbusch Ave- ‘‘Approval and Promulgation of Air Quality on the disagreeing votes of the two nue in Toledo, Ohio, as the ‘‘James M. Ash- Implementation Plans; Pennsylvania; Sec- ley and Thomas W.L. Ashley United States tion 110(a)(1) 8-Hour Ozone Maintenance Plan Houses on the amendment of the House Courthouse’’; to the Committee on Environ- and 2002 Base-Year Inventory for the Wayne to the resolution (S. Con. Res. 70) set- ment and Public Works. County Area’’ (FRL No. 8576–4) received on ting forth the congressional budget for H.R. 5599. An act to designate the Federal June 3, 2008; to the Committee on Environ- the United States Government for fis- building located at 4600 Silver Hill Road in ment and Public Works.

VerDate Aug 31 2005 04:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\G05JN6.047 S05JNPT1 smartinez on PROD1PC64 with SENATE S5202 CONGRESSIONAL RECORD — SENATE June 5, 2008 EC–6521. A communication from the Direc- EC–6532. A communication from the Sec- Iraq war; to the Committee on Foreign Rela- tor, Regulatory Management Division, Envi- retary of Health and Human Services, trans- tions. ronmental Protection Agency, transmitting, mitting, pursuant to law, the report of the POM–361. A resolution adopted by the Car- pursuant to law, the report of a rule entitled addition of workers from the Hanford Nu- ibbean and North American Area Council of ‘‘Virginia: Final Authorization of State Haz- clear Reservation in Richland, Washington, the World Alliance urging Congress to end ardous Waste Management Program Revi- to the Special Exposure Cohort; to the Com- the U.S. economic blockade of Cuba; to the sion; Withdrawal of Immediate Final Rule’’ mittee on Health, Education, Labor, and Committee on Foreign Relations. (FRL No. 8574–7) received on June 3, 2008; to Pensions. POM–362. A concurrent resolution adopted the Committee on Environment and Public EC–6533. A communication from the Sec- by the Senate of the State of Mississippi urg- Works. retary of Health and Human Services, trans- ing Congress to support the passage of the EC–6522. A communication from the Direc- mitting, pursuant to law, the report of the Secure Rural Schools and Community Self- tor, Regulatory Management Division, Envi- addition of workers from Nuclear Materials Determination Act; to the Committee on En- ronmental Protection Agency, transmitting, and Equipment Corporation facility in Parks ergy and Natural Resources. pursuant to law, the report of a rule entitled Township, Pennsylvania, to the Special Ex- SENATE CONCURRENT RESOLUTION NO. 556 ‘‘Hazardous Waste Management System: posure Cohort; to the Committee on Health, Whereas, in December 2000, the Secure Identification and Listing of Hazardous Education, Labor, and Pensions. Rural Schools and Community Self-Deter- Waste; Amendment to Hazardous Waste Code EC–6534. A communication from the Assist- mination Act, a Federal act, was signed into F019’’ (FRL No. 8575–4) received on June 3, ant General Counsel for Regulatory Services, law; and 2008; to the Committee on Environment and Office of Management, Department of Edu- Whereas, the Secure Rural Schools and Public Works. cation, transmitting, pursuant to law, the Community Self-Determination Act provides EC–6523. A communication from the Direc- report of a rule entitled ‘‘Demands for Testi- federal funds to counties and school districts tor, Regulatory Management Division, Envi- mony or Records in Legal Proceedings’’ with national forest lands located within the ronmental Protection Agency, transmitting, (RIN1880–AA83) received on June 3, 2008; to county boundaries; and pursuant to law, the report of a rule entitled the Committee on Health, Education, Labor, Whereas, 33 counties have substantial ‘‘Revisions to the California State Imple- and Pensions. tracts of land in public ownership which can mentation Plan, Sacramento Metropolitan EC–6535. A communication from the Sec- neither be developed nor taxed to generate Air Quality Management District’’ (FRL No. retary of the Interior, transmitting, pursu- revenue from economic activity or taxation; 8567–4) received on June 3, 2008; to the Com- ant to law, the Office of Inspector General’s and mittee on Environment and Public Works. Semiannual Report for the period of October Whereas, these counties have United EC–6524. A communication from the Assist- 1, 2007, through March 31, 2008; to the Com- States National Forests within its bound- ant Secretary of the Army (Civil Works), mittee on Homeland Security and Govern- aries and have received critical funds for transmitting, pursuant to law, a report on mental Affairs. roads and schools based on revenues gen- the feasibility study that was undertaken to EC–6536. A communication from the Chair- erated from these forests; and evaluate hurricane and storm damage reduc- man, Broadcasting Board of Governors, Whereas, the payments provided to these tion alternatives for Port Monmouth, Mid- transmitting, pursuant to law, the Office of counties have been a consistent and nec- dletown Township, Monmouth County, New Inspector General’s Semiannual Report for essary source of funding for the schools, Jersey; to the Committee on Environment the period of October 1, 2007, through March teachers and students; and and Public Works. 31, 2008; to the Committee on Homeland Se- Whereas, in December 2007, the United EC–6525. A communication from the Chief, curity and Governmental Affairs. Border Security Regulations Branch, Depart- States Congress removed the reauthorization EC–6537. A communication from the Chair- of the Secure Rural Schools and Community ment of Homeland Security, transmitting, man, Council of the District of Columbia, pursuant to law, the report of a rule entitled Self-Determination Act from the Energy transmitting, pursuant to law, a report on Legislation to which it was attached. This ‘‘Changes to the Visa Waiver Program to Im- D.C. Act 17–399, ‘‘Pre-k Enhancement and plement the Electronic System for Travel legislation was subsequently passed and Expansion Amendment Act of 2008’’ received signed into law without reauthorization for Authorization Program’’ (RIN1651–AA72) re- on June 3, 2008; to the Committee on Home- ceived on June 3, 2008; to the Committee on the Secure Rural Schools and Community land Security and Governmental Affairs. Self-Determination Act; and Finance. EC–6538. A communication from the Chair- EC–6526. A communication from the Sec- Whereas, the funding provided through the man, Council of the District of Columbia, Secure Rural Schools and Community Self- retary of Health and Human Services, trans- transmitting, pursuant to law, a report on mitting, pursuant to law, a report entitled, Determination Act will significantly con- D.C. Act 17–400, ‘‘Dr. Vincent E. Reed Audito- tribute to the local economy of these coun- ‘‘Final Report to Congress on the Evaluation rium Designation Act of 2008’’ received on of Medicare Disease Management Pro- ties by providing the necessary funds for June 3, 2008; to the Committee on Homeland schools and roads, which is vital for sus- grams’’; to the Committee on Finance. Security and Governmental Affairs. EC–6527. A communication from the Assist- tained economic development; and EC–6539. A communication from the Chair- ant Secretary, Office of Legislative Affairs, Whereas, these counties depend on the man, Council of the District of Columbia, Department of State, transmitting, pursuant funding from the Secure Rural Schools and transmitting, pursuant to law, a report on to law, a report on the Secretary’s rec- Community Self-Determination Act and un- D.C. Act 17–387, ‘‘Supplemental Appropria- ommendation to continue a waiver of appli- less the funding is secured through legisla- tions Release of Funds Temporary Amend- cation of a section of the Trade Act of 1974 tion as deemed appropriate by the Mis- ment Act of 2008’’ received on June 3, 2008; to with respect to Belarus; to the Committee on sissippi congressional delegation, these the Committee on Homeland Security and Foreign Relations. counties will lose critical funding that it has Governmental Affairs. EC–6528. A communication from the Sec- received for decades: retary of Health and Human Services, trans- f Now, Therefore, be it mitting, pursuant to law, a report on the Resolved by the Senate of the State of Mis- Community Food and Nutrition Program for PETITIONS AND MEMORIALS sissippi, the House of Representatives con- fiscal years 2004 and 2005; to the Committee The following petitions and memo- curring therein, That we, the members of the on Health, Education, Labor, and Pensions. rials were laid before the Senate and Legislature of the State of Mississippi, re- spectfully request that the United States EC–6529. A communication from the Sec- were referred or ordered to lie on the retary of Health and Human Services, trans- Congress pass the Secure Rural Schools and mitting, pursuant to law, the report of the table as indicated: Community Self-Determination Act so that addition of workers from the Kellex/Pierpont POM–357. A resolution adopted by the Met- these Mississippi counties may continue to facility in Jersey City, New Jersey, to the ropolitan King County Council of the State adequately maintain the roads and schools Special Exposure Cohort; to the Committee of Washington supporting the withdrawal of and sustain economic development in the on Health, Education, Labor, and Pensions. federal appropriation for the Airbus tanker; state. EC–6530. A communication from the Sec- to the Committee on Armed Services. Be it further retary of Health and Human Services, trans- POM–358. A joint resolution adopted by the Resolved, That the Secretary of the Senate mitting, pursuant to law, the report of the House of Representatives of the Northern is directed to transmit copies of this resolu- addition of workers from the Horizons, Inc. Marianas Commonwealth Legislature ex- tion to President George W. Bush, the Sec- facility in Cleveland, Ohio, to the Special pressing its support for Resolution number retary of the United States Senate, the Clerk Exposure Cohort; to the Committee on 80 of the Legislature of Guam; to the Com- of the United States House of Representa- Health, Education, Labor, and Pensions. mittee on Energy and Natural Resources. tives, the Governor of the State of Mis- EC–6531. A communication from the Sec- POM–359. A letter from a private citizen sissippi, each member of the Mississippi con- retary of Health and Human Services, trans- relative to funding of the Nuclear Regu- gressional delegation, and that copies be mitting, pursuant to law, the report of the latory Commission; to the Committee on En- made available to members of the Capitol addition of workers from SAM Laboratories vironment and Public Works. Press Corps. to the Special Exposure Cohort; to the Com- POM–360. A resolution adopted by the New mittee on Health, Education, Labor, and Britain Common Council of the State of Con- POM–363. A resolution adopted by the Sen- Pensions. necticut opposing the continuation of the ate of the State of Michigan urging Congress

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.045 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5203 to enact the Clean Boating Act of 2008; to the United States, Mexico, and Canada would be the shortage of primary care physicians both Committee on Environment and Public a direct threat to the United States Con- in Louisiana and nationwide; and Works. stitution and the national independence of Whereas, throughout the educational expe- SENATE RESOLUTION NO. 179 the United States and would imply an even- rience at the College of Primary Care Medi- Whereas, in September 2006 the U.S. North- tual end to national borders within North cine of the Louisiana University of Medical ern District Court Court of California issued America; Services, Inc., the student will be exposed to a ruling that required the Environmental Whereas, on March 31, 2006, a White House a wide variety of primary health care set- Protection Agency (EPA) to regulate ballast news release confirmed the continuing exist- tings; and Whereas, through the program at the Col- water discharges. Ocean-going vessels mov- ence of the SPP and its ‘‘ongoing process of lege of Primary Care Medicine of the Lou- ing from port to port are largely responsible cooperation’’; isiana University of Medical Services, Inc., for the spread of aquatic invasive species Whereas, Congressman Ron Paul has writ- the traditional basic medical sciences will be through the discharge of ballast water. Al- ten that a key to the SPP plan is an exten- thoroughly presented, and students will be though intended to address only ballast sive new North American Free Trade Agree- given all the tools necessary to be successful water discharges from ocean-going vessels, ment (NAFTA) superhighway: ‘‘[U]nder this on the United States Medical Licensing Ex- the court ruling encompassed all discharges new ‘partnership,’ a massive highway is being planned to stretch from Canada into amination. Now, therefore, be it from all vessels, including recreational Resolved, That the Legislature of Louisiana boats. Under the ruling, all vessels would be Mexico, through the state of Texas.’’; Whereas, this trilateral partnership to de- hereby memorializes the Congress of the required to have a federal permit for dis- United States to provide funding for the charges to the water beginning September velop a North American Union has never been presented to Congress as an agreement Louisiana University of Medical Services, 2008; and Inc., College of Primary Care Medicine. Be it Whereas, recreational boat discharges are or treaty, and has had virtually no congres- further sional oversight; and already regulated under numerous federal Resolved, That a copy of this Resolution Whereas, state and local governments and state laws. Non-polluting, incidental dis- shall be transmitted to the secretary of the throughout the United States would be nega- charges such as weather deck runoff, grey United States Senate and the clerk of the tively impacted by the SPP and North Amer- water, uncontaminated bilge water, and en- United States House of Representatives and gine coolant water should not require a fed- ican Union process, such as the ‘‘open bor- to each member of the Louisiana delegation eral permit. These discharges occur during ders’’ vision of the SPP, eminent domain to the United States Congress. the normal operation of a recreational vessel takings of private property along the and are completely different from the dis- planned superhighways; and increased law POM–366. A resolution adopted by the Sen- charges of a commercial ship that were in- enforcement problems along those same su- ate of the State of Pennsylvania urging the tended to be affected by the District Court perhighways: Now, therefore, be it federal government to take the steps nec- ruling; and Resolved, That the House of Representa- essary to provide needed short-term and Whereas, with almost 1 million registered tives of the state of Utah urges the United long-term financial assistance to students so recreational boats, Michigan is one of the States Congress, and Utah’s congressional they may repay their student loans; to the top boating states in the nation. With 40,000 delegation, to use all of their efforts, ener- Committee on Health, Education, Labor, and square miles of Great Lakes waters and gies, and diligence to withdraw the United Pensions. thousands of inland lake boating opportuni- States from any further participation in the SENATE RESOLUTION NO. 289 ties, boating is one of the largest outdoor Security and Prosperity Partnership of Whereas, there is a student loan funding recreational activities in which our residents North America. Be it further crisis that began with the recent sub-prime take part. Requiring Michigan recreational Resolved, That the House of Representa- mortgage meltdown and subsequent turmoil boat owners to obtain the federal discharge tives urges Congress to withdraw the United in the capital markets; and permit will be a huge economical burden and States from any other bilateral or multilat- inconvenience to Michigan boat owners; and Whereas, these far-reaching economic eral activity, however named, which seeks to problems have now given rise to a new bond Whereas, Congress has before it the Clean advance, authorize, fund, or in any way pro- Boating Act of 2008 (S. 2766), which will re- market crisis, which is further compounding mote the creation of any structure to accom- the funding problem for many lenders; and store the 35-year-old EPA exemption for plish any form of North American Union as these non-polluting discharges from rec- Whereas, as a result, student loan pro- described in this resolution. Be it further viders throughout the national are exiting reational vessels. Immediate action on S. Resolved, that a copy of this resolution be 2766 will prevent owners of small, rec- the $50 billion Federal Family Education sent to the Majority Leader of the United Loan Program (FFELP), while others are reational boats from having to purchase the States Senate, the Speaker of the United being forced to curtail their activity, seri- same, expensive discharge permits required States House of Representatives, to the ously jeopardizing the funding plans of mil- of commercial vessels beginning in Sep- members of Utah’s congressional delegation, lions of American students; and tember, and and all members of Congress by electronic Whereas, eighty percent of today’s college Whereas, it is critical that owners and means. students depend on FFELP to help them pay operatores of recreational boats must con- for school; and tinue to abide by Michigan Department of POM–365. A concurrent resolution adopted Whereas, without access to sufficient fund- Natural Resources’ recommendations for the by the Senate of the State of Louisiana urg- ing, millions of students will not be able to proper treatment of their vessels, including ing Congress to provide funding for the Lou- pay for their college education; and voluntary practices such as a thorough isiana University of Medical Sciences, Inc., Whereas, the result could be devastating washing of their vessels when moving from College of Primary Care Medicine; to the for students and families, with additional one body of water to another to minimize Committee on Health, Education, Labor, and consequences for the higher education com- the risk of the spread of invasive species; Pensions. munity and the Commonwealth of Penn- now, therefore, be it sylvania’s economy; and SENATE CONCURRENT RESOLUTION NO. 68 Resolved by the Senate, That we memori- Whereas, the Pennsylvania Higher Edu- alize the Congress of the United States to Whereas, Louisiana suffers with one of the cation Assistance Agency (PHEAA) has expe- enact the Clean Boating Act of 2008; and be worst health environments in the country, rienced ‘‘failed auctions’’ in the troubled it further including a high infant mortality rate, a bond market for the first time in its history, Resolved, That copies of this resolution be high rate of low birth weight babies, and an substantially increasing its cost of bor- transmitted to the Secretary of the United incidence of stroke that is 1.3 times that of rowing and putting its ability to fund addi- States Environmental Protection Agency, the rest of the country, outside of the tional student loans at risk; and the President of the United States Senate, ‘‘stroke belt’’; and Whereas, the focus is first and foremost to the Speaker of the United States House of Whereas, despite the best efforts of med- protect the interests of families residing in Representatives, and the members of the ical education institutions in Louisiana, the this Commonwealth, but everyone must un- Michigan congressional delegation. deficit of primary care physicians continues; derstand that this is a national problem that and requires a national solution; and POM–364. A resolution adopted by the Leg- Whereas, in recent years, less than one- Whereas, without decisive Federal inter- islature of the State of Utah urging U.S. half of the graduates of medical education vention, the resulting financial stress placed withdrawal from the Security and Prosperity institutions in Louisiana selected a primary on students and families could be disastrous; Partnership of North America; to the Com- care specialty; and Therefore, be it mittee on Foreign Relations. Whereas, Louisiana University of Medical Resolved, That the General Assembly of the HOUSE RESOLUTION NO. 1 Sciences, Inc., College of Primary Care Medi- Commonwealth of Pennsylvania call for im- Whereas, President George W. Bush estab- cine, is a non-profit organization designed to mediate action from the United States Sec- lished the Security and Prosperity Partner- address the shortage of primary care physi- retary of the Treasury, the United States ship (SPP) of North America with the na- cians in small towns, rural areas, and under- Secretary of Education, the chairman of the tions of Mexico and Canada on March 23, served areas; and Federal Reserve Board and the president of 2005; Whereas, the faculty and staff of the Col- the Federal Home Loan Bank of Pittsburgh Whereas, the gradual creation of such a lege of Primary Care Medicine are com- to use all means and authorities available to North American Union from a merger of the mitted to a teaching program that addresses them to provide needed short-term and long-

VerDate Aug 31 2005 07:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.096 S05JNPT1 smartinez on PROD1PC64 with SENATE S5204 CONGRESSIONAL RECORD — SENATE June 5, 2008 term financial assistance to assure the avail- H.R. 3179. A bill to amend title 40, United Administration of facilities outside the ability of student loans to students and fam- States Code, to authorize the use of Federal United States that perform maintenance and ilies of this Commonwealth; and be it further supply schedules for the acquisition of law repair work on United States commercial Resolved, That copies of this resolution be enforcement, security, and certain other re- aircraft, and for other purposes; to the Com- transmitted to the United States Secretary lated items by State and local governments mittee on Commerce, Science, and Transpor- of the Treasury, the United States Secretary (Rept. No. 110–344). tation. of Education, the chairman of the Federal By Mr. ROCKEFELLER, from the Select By Mr. COBURN (for himself, Mr. MAR- Reserve Board and the president of the Fed- Committee on Intelligence: TINEZ, and Mr. CASEY): eral Home Loan Bank of Pittsburgh and the Special Report entitled ‘‘Whether Public S. 3091. A bill to amend title XVIII of the presiding officer of each house of Congress Statements Regarding Iraq by U.S. Govern- Social Security Act to exempt negative pres- and to each member of Congress from Penn- ment Officials were Substantiated by Intel- sure wound therapy pumps and related sup- sylvania. ligence Information’’ (Rept. No. 110–345). Ad- plies and accessories from the Medicare com- ditional and Minority Views. petitive acquisition program until the clin- POM–367. A resolution adopted by the By Mr. ROCKEFELLER, from the Select ical comparability of such products can be House of Representatives of the State of Committee on Intelligence: validated; to the Committee on Finance. Maine urging Congress to enact legislation Special Report entitled ‘‘Intelligence Ac- By Mr. MENENDEZ (for himself and to ensure health care for all. to the Com- tivities Relating to Iraq Conducted by the Ms. MIKULSKI): mittee on Health, Education, Labor, and Policy Counterterrorism Evaluation Group S. 3092. A bill to amend the Public Health Pensions. and the Office of Special Plans within the Of- Service Act to ensure sufficient resources JOINT RESOLUTION fice of the Under Secretary of Defense for and increase efforts for research at the Na- Policy’’ (Rept. No. 110–346). Minority View. Whereas, every person in Maine and in the tional Institutes of Health relating to Alz- By Mr. INOUYE, from the Committee on United States deserves access to affordable, heimer’s disease, to authorize an education Commerce, Science, and Transportation, quality health care: and and outreach program to promote public with amendments and an amendment to the Whereas, there is a growing crisis in health awareness and risk reduction with respect to title: care in the United States of America, mani- Alzheimer’s disease (with particular empha- S. 2355. A bill to amend the National Cli- fested by rising health care costs, increased sis on education and outreach in Hispanic mate Program Act to enhance the ability of premiums, increased out-of-pocket spending, populations), and for other purposes; to the the United States to develop and implement the decreased competitiveness of our busi- Committee on Health, Education, Labor, and climate change adaptation programs and nesses in the global economy and significant Pensions. policies, and for other purposes (Rept. No. worker layoffs; and By Mr. GRASSLEY: 110–347). Whereas, most health insurance access is S. 3093. A bill to extend and improve the ef- provided through employment, and health f fectiveness of the employment eligibility insurance premiums have grown 4 times fast- confirmation program; to the Committee on INTRODUCTION OF BILLS AND the Judiciary. er than worker earnings over the last 6 JOINT RESOLUTIONS years; and By Mr. LAUTENBERG (for himself, Whereas, Maine ranks 5th in the nation in The following bills and joint resolu- Mr. MENENDEZ, Mrs. CLINTON, and Mr. access to health care and 2nd in quality and tions were introduced, read the first SCHUMER): is committed to maintaining access to af- S. 3094. A bill to amend the National Trails and second times by unanimous con- System Act to provide for a study of the fordable, quality health care for all Maine sent, and referred as indicated: people and all Americans; and Long Path Trail, a system of trails and po- Whereas, forty-seven million Americans By Mrs. BOXER (for herself and Mr. tential trails running from Fort Lee, New lack health insurance, with 129,000 people in GREGG): Jersey, to the Adirondacks in New York, to Maine without health insurance; and S. 3084. A bill to amend the Immigration determine whether to add the trail to the Whereas, even those insured now often ex- and Nationality Act to authorize certain National Trails System, and for other pur- perience unacceptable medical debt and aliens who have earned a master’s or higher poses; to the Committee on Energy and Nat- sometimes life-threatening delays in obtain- degree from a United States institution of ural Resources. ing health care; and higher education in a field of science, tech- By Mr. BAUCUS: Whereas, those without health insurance nology, engineering, or mathematics to be S. 3095. A bill to amend title XVIII of the suffer higher rates of mortality and a de- admitted for permanent residence and for Social Security Act to expand the Medicare creased quality of life; and other purposes; to the Committee on the Ju- Rural Hospital Flexibility Program to in- Whereas, access to consistent, preventive diciary. crease the delivery of mental health services health care saves lives and dollars; and By Mr. TESTER (for himself, Mr. and other health services to veterans of Op- Whereas, one-half of all personal bank- CRAPO, Mr. BAUCUS, and Mr. CRAIG): eration Enduring Freedom and Operation ruptcies are due to illnesses or medical bills; S. 3085. A bill to require the Secretary of Iraqi Freedom and to other residents of rural and the Interior to establish a cooperative water- areas, and for other purposes; to the Com- Whereas, the complex, fragmented and bu- shed management program, and for other mittee on Finance. reaucratic system for financing and pro- purposes; to the Committee on Energy and By Mr. GRASSLEY: viding health insurance consumes approxi- Natural Resources. S.J. Res. 38. A joint resolution waiving cer- mately 30% of United States health care By Mr. DURBIN: tain provisions of the Trade Act of 1974 relat- spending; and S. 3086. A bill to amend the antitrust laws ing to the appointment of a Deputy United Whereas, access to affordable health care to ensure competitive market-based fees and States Trade Representative; to the Com- will improve the competitiveness of busi- terms for merchants’ access to electronic mittee on Finance. nesses and the viability of our health care payment systems; to the Committee on the f providers; now, therefore, be it Judiciary. Resolved, That we, your Memorialists, on By Ms. SNOWE: SUBMISSION OF CONCURRENT AND behalf of the people we represent, take this S. 3087. A bill to amend title 38, United SENATE RESOLUTIONS opportunity to respectfully urge and request States Code, to make certain improvements The following concurrent resolutions that the United States Congress enact legis- in the home loan guaranty programs admin- istered by the Secretary of Veterans Affairs, and Senate resolutions were read, and lation to ensure the availability of health referred (or acted upon), as indicated: care for all Americans that guarantees qual- and for other purposes; to the Committee on ity, affordable health care coverage for every Veterans’ Affairs. By Mr. DURBIN (for himself, Mr. American; and be it further By Mr. WYDEN: LEVIN, Mr. OBAMA, Mr. REID, Ms. Resolved, That suitable copies of this reso- S. 3088. A bill to designate certain land in STABENOW, and Mr. BROWNBACK): lution, duly authenticated by the Secretary the State of Oregon as wilderness, and for S. Res. 584. A resolution recognizing the of State, be transmitted to the President of other purposes; to the Committee on Energy historical significance of Juneteenth Inde- the United States Senate, to the Speaker of and Natural Resources. pendence Day and expressing the sense of the the United States House of Representatives By Mr. WYDEN: Senate that history should be regarded as a and to each Member of the Maine Congres- S. 3089. A bill to designate certain land in means for understanding the past and solv- sional Delegation. the State of Oregon as wilderness, to provide ing the challenges of the future; to the Com- for the exchange of certain Federal land and mittee on the Judiciary. f non-Federal land, and for other purposes; to By Mr. CRAPO (for himself, Mr. REPORTS OF COMMITTEES the Committee on Energy and Natural Re- MENENDEZ, Mr. SHELBY, Mrs. DOLE, sources. and Mr. HATCH): The following reports of committees By Mrs. MCCASKILL (for herself, Mr. S. Res. 585. A resolution supporting Na- were submitted: SPECTER, Mr. OBAMA, and Mrs. CLIN- tional Men’s Health Week; to the Committee By Mr. LIEBERMAN, from the Committee TON): on Health, Education, Labor, and Pensions. on Homeland Security and Governmental Af- S. 3090. A bill to provide for adequate over- By Mr. KYL (for himself and Mr. fairs, without amendment: sight and inspection by the Federal Aviation MCCAIN):

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.099 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5205 S. Res. 586. A resolution congratulating the S. 1437 in the profession of social work, and for Arizona State University women’s softball At the request of Ms. STABENOW, the other purposes. team for winning the 2008 National Colle- names of the Senator from Mississippi S. 2883 giate Athletic Association Division I Soft- (Mr. WICKER) and the Senator from ball Championship; considered and agreed to. At the request of Mr. ROCKEFELLER, OBERTS By Mr. DEMINT (for himself and Mr. Kansas (Mr. R ) were added as the names of the Senator from New HATCH): cosponsors of S. 1437, a bill to require York (Mrs. CLINTON), the Senator from S. Res. 587. A resolution declaring June 6, the Secretary of the Treasury to mint South Dakota (Mr. JOHNSON) and the 2008, a national day of prayer and rededica- coins in commemoration of the Senator from Michigan (Ms. STABENOW) tion for the men and women of the United semicentennial of the enactment of the were added as cosponsors of S. 2883, a States Armed Forces and their mission; to Civil Rights Act of 1964. the Committee on the Judiciary. bill to require the Secretary of the S. 1661 Treasury to mint coins in commemora- f At the request of Mr. DORGAN, the tion of the centennial of the establish- ADDITIONAL COSPONSORS name of the Senator from Kansas (Mr. ment of Mother’s Day. S. 771 ROBERTS) was added as a cosponsor of S. 3047 S. 1661, a bill to communicate United At the request of Mr. HARKIN, the At the request of Mr. KERRY, his States travel policies and improve name of the Senator from Minnesota name was added as a cosponsor of S. marketing and other activities de- (Ms. KLOBUCHAR) was added as a co- 3047, a bill to provide for the coordina- signed to increase travel in the United sponsor of S. 771, a bill to amend the tion of the Nation’s science, tech- States from abroad. Child Nutrition Act of 1966 to improve nology, engineering, and mathematics the nutrition and health of school- S. 2123 education initiatives. At the request of Mr. WHITEHOUSE, children by updating the definition of S. 3063 ‘‘food of minimal nutritional value’’ to his name was added as a cosponsor of S. 2123, a bill to provide collective bar- At the request of Mrs. LINCOLN, the conform to current nutrition science name of the Senator from Maine (Ms. and to protect the Federal investment gaining rights for public safety officers SNOWE) was added as a cosponsor of S. in the national school lunch and break- employed by States or their political subdivisions. 3063, a bill to amend the Internal Rev- fast programs. enue Code of 1986 to provide for S cor- S. 911 S. 2347 poration reform, and for other pur- At the request of Mr. REED, the name At the request of Mrs. LINCOLN, her poses. of the Senator from Maine (Ms. SNOWE) name was added as a cosponsor of S. S. 3068 was added as a cosponsor of S. 911, a 2347, a bill to restore and protect access bill to amend the Public Health Serv- to discount drug prices for university- At the request of Ms. SNOWE, the ice Act to advance medical research based and safety-net clinics. name of the Senator from Maryland (Ms. MIKULSKI) was added as a cospon- and treatments into pediatric cancers, S. 2681 ensure patients and families have ac- sor of S. 3068, a bill to require equitable At the request of Mr. INHOFE, the coverage of prescription contraceptive cess to the current treatments and in- names of the Senator from Kansas (Mr. formation regarding pediatric cancers, drugs and devices, and contraceptive ROBERTS) and the Senator from Massa- services under health plans. establish a population-based national chusetts (Mr. KERRY) were added as co- childhood cancer database, and pro- sponsors of S. 2681, a bill to require the S. RES. 580 mote public awareness of pediatric can- issuance of medals to recognize the At the request of Mr. BAYH, the cers. dedication and valor of Native Amer- names of the Senator from Texas (Mr. S. 1125 ican code talkers. CORNYN) and the Senator from Kansas (Mr. ROBERTS) were added as cospon- At the request of Mr. WICKER, his S. 2760 sors of S. Res. 580, a resolution express- name was added as a cosponsor of S. At the request of Mr. LEAHY, the ing the sense of the Senate on pre- 1125, a bill to amend the Internal Rev- names of the Senator from Ohio (Mr. venting Iran from acquiring a nuclear enue Code of 1986 to provide incentives BROWN), the Senator from Idaho (Mr. weapons capability. to encourage investment in the expan- CRAIG), the Senator from Minnesota sion of freight rail infrastructure ca- (Ms. KLOBUCHAR) and the Senator from AMENDMENT NO. 4822 pacity and to enhance modal tax eq- Oregon (Mr. SMITH) were added as co- At the request of Mr. WHITEHOUSE, uity. sponsors of S. 2760, a bill to amend title the name of the Senator from Illinois S. 1183 10, United States Code, to enhance the (Mr. DURBIN) was added as a cosponsor At the request of Mr. HARKIN, the national defense through empowerment of amendment No. 4822 intended to be name of the Senator from Maine (Ms. of the National Guard, enhancement of proposed to S. 3036, a bill to direct the SNOWE) was added as a cosponsor of S. the functions of the National Guard Administrator of the Environmental 1183, a bill to enhance and further re- Bureau, and improvement of Federal- Protection Agency to establish a pro- search into paralysis and to improve State military coordination in domes- gram to decrease emissions of green- rehabilitation and the quality of life tic emergency response, and for other house gases, and for other purposes. for persons living with paralysis and purposes. AMENDMENT NO. 4823 other physical disabilities, and for S. 2812 At the request of Mr. WARNER, his other purposes. At the request of Mr. CONRAD, the name was added as a cosponsor of S. 1314 name of the Senator from Maine (Ms. amendment No. 4823 intended to be pro- At the request of Mr. FEINGOLD, the COLLINS) was added as a cosponsor of S. posed to S. 3036, a bill to direct the Ad- name of the Senator from Pennsyl- 2812, a bill to amend title XVIII of the ministrator of the Environmental Pro- vania (Mr. CASEY) was added as a co- Social Security Act to improve the tection Agency to establish a program sponsor of S. 1314, a bill to amend title provision of telehealth services under to decrease emissions of greenhouse 38, United States Code, to improve the the Medicare program. gases, and for other purposes. outreach activities of the Department S. 2858 AMENDMENT NO. 4825 of Veterans Affairs, and for other pur- At the request of Ms. MIKULSKI, the At the request of Mrs. BOXER, the poses. name of the Senator from West Vir- names of the Senator from Massachu- S. 1390 ginia (Mr. ROCKEFELLER) was added as setts (Mr. KERRY), the Senator from At the request of Mr. WICKER, his a cosponsor of S. 2858, a bill to estab- Maine (Ms. SNOWE), the Senator from name was added as a cosponsor of S. lish the Social Work Reinvestment California (Mrs. FEINSTEIN), the Sen- 1390, a bill to provide for the issuance Commission to provide independent ator from Maryland (Ms. MIKULSKI), of a ‘‘forever stamp’’ to honor the sac- counsel to Congress and the Secretary the Senator from Hawaii (Mr. INOUYE), rifices of the brave men and women of of Health and Human Services on pol- the Senator from Minnesota (Ms. the armed forces who have been award- icy issues associated with recruitment, KLOBUCHAR), the Senator from Mary- ed the Purple Heart. retention, research, and reinvestment land (Mr. CARDIN) and the Senator from

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.066 S05JNPT1 smartinez on PROD1PC64 with SENATE S5206 CONGRESSIONAL RECORD — SENATE June 5, 2008 Maine (Ms. COLLINS) were added as co- amendment No. 4855 intended to be pro- gether. Unfortunately, these groups sponsors of amendment No. 4825 pro- posed to S. 3036, a bill to direct the Ad- often are limited by a lack of funding posed to S. 3036, a bill to direct the Ad- ministrator of the Environmental Pro- for projects and a full time adminis- ministrator of the Environmental Pro- tection Agency to establish a program trator. These groups hold so much po- tection Agency to establish a program to decrease emissions of greenhouse tential, but are being held back by the to decrease emissions of greenhouse gases, and for other purposes. simple lack of funding. That is why I, gases, and for other purposes. AMENDMENT NO. 4856 along with Senators CRAPO, BAUCUS, and CRAIG, have introduced the Cooper- AMENDMENT NO. 4833 At the request of Mr. BARRASSO, the ative Watershed Act of 2008. At the request of Mr. KERRY, the name of the Senator from Wyoming The Cooperative Watershed Act of name of the Senator from Illinois (Mr. (Mr. ENZI) was added as a cosponsor of 2008 sets up a granting program under DURBIN) was added as a cosponsor of amendment No. 4856 intended to be pro- the Department of the Interior to help amendment No. 4833 intended to be pro- posed to S. 3036, a bill to direct the Ad- local stakeholders come together and posed to S. 3036, a bill to direct the Ad- ministrator of the Environmental Pro- form or expand watershed-wide man- ministrator of the Environmental Pro- tection Agency to establish a program agement groups that can cooperatively tection Agency to establish a program to decrease emissions of greenhouse manage their local water resources. to decrease emissions of greenhouse gases, and for other purposes. The funds in this bill will help these gases, and for other purposes. AMENDMENT NO. 4857 groups build the capacity to act as AMENDMENT NO. 4836 At the request of Mr. WARNER, his grassroots, nonregulatory entities to At the request of Mr. BIDEN, the name was added as a cosponsor of address local water availability and name of the Senator from Illinois (Mr. amendment No. 4857 intended to be pro- quality issues within a watershed. DURBIN) was added as a cosponsor of posed to S. 3036, a bill to direct the Ad- By getting all the different stake- amendment No. 4836 intended to be pro- ministrator of the Environmental Pro- holders involved in the management posed to S. 3036, a bill to direct the Ad- tection Agency to establish a program process, these groups will help reduce ministrator of the Environmental Pro- to decrease emissions of greenhouse the need for Federal regulation and tection Agency to establish a program gases, and for other purposes. litigation, and result in the best over- to decrease emissions of greenhouse At the request of Mr. DORGAN, the all use of the available, and often lim- gases, and for other purposes. names of the Senator from Colorado ited, water supply. Make no mistake, AMENDMENT NO. 4838 (Mr. SALAZAR), the Senator from Wyo- in Montana we understand that local stakeholders are in the best position to At the request of Mr. SANDERS, the ming (Mr. ENZI), the Senator from Vir- manage their own resources, but Fed- names of the Senator from Washington ginia (Mr. WEBB), the Senator from eral support must play a role in help- (Ms. CANTWELL) and the Senator from North Dakota (Mr. CONRAD), the Sen- ing them establish the capacity to do Rhode Island (Mr. REED) were added as ator from Ohio (Mr. BROWN), the Sen- so. cosponsors of amendment No. 4838 in- ator from Louisiana (Ms. LANDRIEU) and the Senator from Montana (Mr. Now in granting funds, this bill takes tended to be proposed to S. 3036, a bill into account that different strokes are to direct the Administrator of the En- TESTER) were added as cosponsors of amendment No. 4857 intended to be pro- needed for different folks. To accom- vironmental Protection Agency to es- modate the varying stages of develop- posed to S. 3036, supra. tablish a program to decrease emis- ment of different groups, the grant pro- sions of greenhouse gases, and for other f gram is divided into three phases: an purposes. STATEMENTS ON INTRODUCED initial planning phase to help new AMENDMENT NO. 4839 BILLS AND JOINT RESOLUTIONS groups form and begin to formulate At the request of Mr. SANDERS, the ideas and project proposals, a pilot name of the Senator from Washington By Mr. TESTER (for himself, Mr. project phase to help semi-established (Ms. CANTWELL) was added as a cospon- CRAPO, Mr. BAUCUS, and Mr. groups gain the capacity to conduct sor of amendment No. 4839 intended to CRAIG): projects and studies, and an implemen- be proposed to S. 3036, a bill to direct S. 3085. A bill to require the Sec- tation phase to help fully formed and the Administrator of the Environ- retary of the Interior to establish a co- functioning groups undertake large- mental Protection Agency to establish operative watershed management pro- scale, multi-year projects. a program to decrease emissions of gram, and for other purposes; to the Montana has been a leader in imple- greenhouse gases, and for other pur- Committee on Energy and Natural Re- menting water resources planning on a poses. sources. watershed scale for years, and the Mr. TESTER. Mr. President, I rise funding provided in this bill will allow AMENDMENT NO. 4844 today to introduce the Cooperative Wa- Montanans and other interested States At the request of Mr. WARNER, his tershed Act of 2008 with my colleagues to increase their capacity to effec- name was added as a cosponsor of Senators CRAPO, BAUCUS and CRAIG. tively manage their vital water re- amendment No. 4844 intended to be pro- This is an important piece of legisla- sources as we move into the future. posed to S. 3036, a bill to direct the Ad- tion because it deals with being good Mr. President, I ask by unanimous ministrator of the Environmental Pro- caretakers of our water. consent that the text of the bill be tection Agency to establish a program Water is life. It is as simple as that printed in the RECORD. to decrease emissions of greenhouse folks. If we do not manage what we There being no objection, the text of gases, and for other purposes. have, well then people are going to be the bill was ordered to be printed in AMENDMENT NO. 4853 in trouble. In Montana, we are cur- the RECORD, as follows: At the request of Mr. BARRASSO, the rently suffering through almost a dec- S. 3085 names of the Senator from Wyoming ade of drought, and with growing de- Be it enacted by the Senate and House of Rep- (Mr. ENZI) and the Senator from Mis- mand, increased pollution, and a resentatives of the United States of America in Congress assembled, sissippi (Mr. WICKER) were added as co- changing climate, our water resources sponsors of amendment No. 4853 in- SECTION 1. SHORT TITLE. will only become more stressed in the This Act may be cited as the ‘‘Cooperative tended to be proposed to S. 3036, a bill coming years. Watershed Management Act of 2008’’. to direct the Administrator of the En- Now folks in Montana are not the SEC. 2. DEFINITIONS. vironmental Protection Agency to es- type to sit back and wait for someone In this Act: tablish a program to decrease emis- else to come along and fix a problem (1) AFFECTED STAKEHOLDER.—The term ‘‘af- sions of greenhouse gases, and for other for them. No, folks in Montana have fected stakeholder’’ means an entity that purposes. long since started coming together to significantly affects, or is significantly af- fected by, the quality or quantity of water in AMENDMENT NO. 4855 form local groups to ensure their water a watershed, as determined by the Secretary. ARRASSO At the request of Mr. B , the resources are properly managed. These (2) GRANT RECIPIENT.—The term ‘‘grant re- names of the Senator from Idaho (Mr. groups consist of irrigators, farmers, cipient’’ means an eligible management enti- CRAIG) and the Senator from Wyoming environmental groups, scientists, and ty that the Secretary has selected to receive (Mr. ENZI) were added as cosponsors of governmental officials all working to- a grant under section 3(c)(2).

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(3) MANAGEMENT GROUP.—The term ‘‘man- application process and criteria established (II) demonstrated that 1 or more pilot agement group’’ means a self-sustaining, co- by the Secretary under paragraph (1). projects of the grant recipient have resulted operative watershed-wide management group (d) DISTRIBUTION OF GRANT FUNDS.— in demonstrable improvements in the func- that— (1) IN GENERAL.—In distributing grant tioning condition of at least 1 river or (A) is comprised of each affected stake- funds under this section, the Secretary shall stream in the watershed. holder of the watershed that is the subject of comply with paragraph (2). (C) THIRD PHASE.— the management group; (2) FUNDING PROCEDURE.— (i) FUNDING LIMITATION.— (B) incorporates the perspectives of a di- (A) FIRST PHASE.— (I) IN GENERAL.—Except as provided in sub- verse array of stakeholders; (i) IN GENERAL.—During the first phase of a clause (II), during the third phase of a grant (C) is designed to be carried out as a grass- grant established under this subparagraph, established under this subparagraph, the roots, nonregulatory entity to address local the Secretary may provide to a grant recipi- Secretary may provide to a grant recipient a water availability and quality issues within ent a grant in an amount of not greater than grant in an amount of not greater than the watershed that is the subject of the man- $100,000 each year for a period of not more $5,000,000 for a period of not more than 5 agement group; and than 3 years. years. (D) is capable of managing in a sustainable (ii) MANDATORY USE OF FUNDS.—A grant re- (II) EXCEPTION.—The Secretary may pro- manner the water resources of the watershed cipient that receives funds through a grant vide to a grant recipient a grant in an that is the subject of the management group during the first phase shall use the funds— amount that is greater than the amount de- and improving the functioning condition of (I) to establish or enlarge a management scribed in subclause (I) if the Secretary de- rivers and streams through— group; termines that the grant recipient is capable (i) water conservation; (II) to develop a mission statement for the of using the additional amount to achieve an (ii) improved water quality; management group; and appropriate increase in an economic, social, (iii) ecological resiliency; and (III) to develop project concepts. or environmental benefit that could not oth- (iv) the reduction of water conflicts. (iii) ANNUAL DETERMINATION OF ELIGI- erwise be achieved by the grant recipient BILITY.— (4) PROGRAM.—The term ‘‘program’’ means through the amount described in subclause the cooperative watershed management pro- (I) DETERMINATION.—For each year of the (I). first phase, not later than 270 days after the gram established by the Secretary under sec- (ii) MANDATORY USE OF FUNDS.—A grant re- tion 3(a). date on which a grant recipient first receives cipient that receives funds through a grant grant funds for the year, the Secretary shall (5) SECRETARY.—The term ‘‘Secretary’’ under the third phase shall use the funds to determine whether the grant recipient has means the Secretary of the Interior. carry out not less than 1 watershed manage- made sufficient progress during the year to ment project of the grant recipient. SEC. 3. PROGRAM. justify additional funding. (3) PERMISSIVE USE OF FUNDS.—A grant re- (a) ESTABLISHMENT.—Not later than 180 (II) EFFECT OF DETERMINATION.—If the Sec- cipient that receives funds through a grant days after the date of enactment of this Act, retary determines under subclause (I) that under this section may use the funds— the Secretary shall establish a program, the progress of a grant recipient during the (A) to pay for— which shall be known as the ‘‘cooperative year covered by the determination justifies (i) the administrative costs of the manage- watershed management program’’, under additional funding, the Secretary shall pro- ment group of the grant recipient; which the Secretary shall provide grants to vide to the grant recipient grant funds for (ii) the salary of not more than 1 full-time eligible management entities— the year following the year during which the (1) to form a management group; determination was made. employee of the management group of the grant recipient; and (2) to enlarge a management group, of (iv) ADVANCEMENT CONDITIONS.—A grant re- which the eligible management entity is a cipient shall not be eligible to receive grant (iii) any legal fees of the grant recipient member; or funds during the second phase described in arising from the establishment of the man- (3) to conduct 1 or more projects in accord- subparagraph (B) until the date on which the agement group of the grant recipient; ance with the goals of a management group, Secretary determines that the management (B) to fund— of which the eligible management entity is a group established by the grant recipient is— (i) studies of the watershed that is man- member. (I) fully formed, including the drafting and aged by the management group of the grant (b) ELIGIBILITY.—To be eligible to receive a approval of articles of incorporation and by- recipient; and grant under this section, an eligible manage- laws governing the organization; and (ii) any project— ment entity shall be comprised of each af- (II) fully functional, including holding reg- (I) described in the mission statement of fected stakeholder of the watershed that is ular meetings, having reached a consensus the management group of the grant recipi- the subject of the eligible management enti- on the mission of the group, and having de- ent; and ty, including to the maximum extent prac- veloped project concepts. (II) to be carried out by the management ticable— (B) SECOND PHASE.— group of the grant recipient to achieve any (1) representatives of private interests, in- (i) IN GENERAL.—During the second phase goal of the management group; cluding representatives of— of a grant established under this subpara- (C) to carry out demonstration projects re- (A) hydroelectric production; graph, the Secretary may provide to a grant lating to water conservation or alternative (B) livestock grazing; recipient a grant in an amount of not greater water uses; and (C) timber production; than $1,000,000 each year for a period of not (D) to expand a management group that is (D) land development; more than 4 years. established by the grant recipient. (E) recreation or tourism; (ii) MANDATORY USE OF FUNDS.—A grant re- (4) REQUIREMENT OF CONSENSUS OF MEMBERS (F) irrigated agricultural production; and cipient that receives funds through a grant OF MANAGEMENT GROUP.—A management (G) the environment; under the second phase shall use the funds to group of a grant recipient may not use grant (2) any Federal agency that has authority carry out watershed management projects. funds for any initiative of the management with respect to the watershed, including not (iii) ANNUAL DETERMINATION OF ELIGI- group unless the group reaches a consensus less than 1 representative of— BILITY.— decision. (A) the Department of Agriculture; (I) DETERMINATION.—For each year of the (e) COST SHARE.— (B) the Department of the Interior; and second phase, not later than 270 days after (1) PLANNING.—The Federal share of the (C) the National Oceanic and Atmospheric the date on which a grant recipient first re- cost of any activity of a management group Administration; ceives grant funds for the year, the Sec- of a grant recipient relating to any use re- (3) any State or local agency that has au- retary shall determine whether the grant re- quired under subsection (d)(2)(A)(ii) shall be thority with respect to the watershed; and cipient has made sufficient progress during 100 percent. (4) any member of an Indian tribe that the year to justify additional funding. (2) PROJECTS CARRIED OUT UNDER SECOND owns land within the watershed or has land (II) EFFECT OF DETERMINATION.—If the Sec- PHASE.— in the watershed held in trust. retary determines under subclause (I) that (A) IN GENERAL.—Subject to subparagraph (c) APPLICATION.— the progress of a grant recipient during the (B), the Federal share of the costs of any ac- (1) ESTABLISHMENT OF APPLICATION PROC- year covered by the determination justifies tivity of a management group of a grant re- ESS; CRITERIA.—Not later than 1 year after additional funding, the Secretary shall pro- cipient relating to a watershed management the date of enactment of this Act, the Sec- vide to the grant recipient grant funds for project described in subsection (d)(2)(B)(ii) retary shall establish— the year following the year during which the shall not exceed 60 percent of the total costs (A) an application process under which determination was made. of the watershed management project. each eligible management entity may apply (iv) ADVANCEMENT CONDITION.—A grant re- (B) LIMITATION.—To pay for any costs re- for a grant under this section; and cipient shall not be eligible to receive grant lating to administrative expenses incurred (B) criteria for consideration of the appli- funds during the third phase described in for a watershed management project de- cation of each eligible management entity. subparagraph (C) until the date on which the scribed in subsection (d)(2)(B)(ii), a manage- (2) APPLICATION PROCESS.—To be eligible to Secretary determines that the grant recipi- ment group of a grant recipient may use receive a grant under this section, an eligible ent has— grant funds in an amount not greater than management entity shall submit to the Sec- (I) completed each requirement with re- the lesser of— retary an application in accordance with the spect to each year of the second phase; and (i) $100,000; or

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.061 S05JNPT1 smartinez on PROD1PC64 with SENATE S5208 CONGRESSIONAL RECORD — SENATE June 5, 2008 (ii) 20 percent of the total amount of the fees. This bill is companion legislation information to the retailer’s bank (the Federal share provided to the management to a bipartisan bill introduced in the ‘‘acquiring bank’’). The acquiring bank group to carry out the watershed manage- House of Representatives by Chairman submits this information, via the Visa ment project. JOHN CONYERS of the House Judiciary or MasterCard network, to the bank (C) FORM OF NON-FEDERAL SHARE.—The non-Federal share under subparagraph (A) Committee and Representative CHRIS that issued the card to the consumer, may be in the form of any in-kind contribu- CANNON. The Conyers-Cannon bill cur- the issuing bank. The issuing bank ei- tions. rently has an additional 19 Democratic ther authorizes or denies the trans- (3) PROJECTS CARRIED OUT UNDER THIRD and 16 Republican cosponsors. action. If the transaction is authorized, PHASE.— This legislation is supported by the the issuing bank sends to the acquiring (A) IN GENERAL.—Subject to subparagraph Merchants Payments Coalition, a coa- bank, via the Visa or MasterCard net- (B), the Federal share of the costs of any ac- lition of retailers, supermarkets, con- work, the purchase amount minus an tivity of a management group of a grant re- venience stores, drug stores, fuel sta- interchange fee that is retained by the cipient relating to a watershed management tions, on-line merchants and other project described in subsection (d)(2)(C)(ii) issuing bank. shall not exceed 50 percent of the total costs businesses. The coalition’s member as- As a result of the interchange fee and of the watershed management project. sociations collectively represent about other processing fees imposed upon the (B) LIMITATION.—To pay for any costs re- 2.7 million stores with approximately retailer by the acquiring bank, collec- lating to administrative expenses with re- 50 million employees. tively, these fees are known as the spect to a watershed management project de- Interchange fees may not be well ‘‘merchant discount fee,’’ the retailer scribed in subsection (d)(2)(C)(ii), a manage- known to most Americans, but they typically only receives approximately ment group of a grant recipient may use should be. Last year, U.S. retailers, $97.50 out of the $100 sale. In order to grant funds in an amount not greater than and by extension their customers, paid cover this cost and continue to make a the lesser of— (i) $100,000; or approximately $42 billion in inter- profit, retailers typically raise the re- (ii) 20 percent of the total amount of the change fees to the banks that issue tail price of their goods, meaning that Federal share provided to the management credit cards. The billions that are paid consumers must pay more regardless of group to carry out the watershed manage- in interchange fees each year signifi- whether they pay with cash or plastic. ment project. cantly cut into the profit margins of Visa and MasterCard set the inter- (C) FORM OF NON-FEDERAL SHARE.—The retailers and pinch the pocketbooks of change fee rates for all the banks and non-Federal share under subparagraph (A) consumers. And neither retailers nor all the retailers that participate in the may be in the form of any in-kind contribu- consumers have a say in how these Visa and MasterCard systems. Those tions. interchange fees are set within the interchange rates are frequently (f) ANNUAL REPORTS.— (1) IN GENERAL.—Not later than 1 year after Visa and MasterCard systems, which charged as a percentage of the sale the date on which a management group of a together account for over 70 percent of amount plus a flat fee; for example, an grant recipient first receives funds through a the credit and debit card market. The interchange fee might equal 1.75 per- grant under this section, and annually there- current lack of meaningful competi- cent + 20 cents per transaction. The after, in accordance with paragraph (2), the tion, negotiation and transparency in interchange fee rate varies for certain management group shall submit to the Sec- the setting of interchange fees rep- types of Visa and MasterCard cards and retary a report that describes, for the period resents a market failure, one that af- transaction categories, and is typically covered by the report, the progress of the management group with respect to the du- fects every American retailer and higher for cards that involve rewards ties of the management group. every American consumer. programs for cardholders. (2) REQUIRED DEGREE OF DETAIL.—The con- My legislation takes a measured ap- What is the rationale for assessing tents of an annual report required under proach to address this market failure. interchange fees? According to Visa, paragraph (1) shall contain a degree of detail My bill would identify credit and debit MasterCard, and the banks that issue that is sufficient to enable the Secretary to card payment systems that have sig- them, these fees are used to pay for im- complete each report required under sub- nificant market power, and would per- portant functions within the credit and section (g), as determined by the Secretary. mit the retailers who use those sys- debit card systems. For example, inter- (g) REPORT.—Not later than 5 years after tems to collectively negotiate with the change fees can be used to cover the the date of enactment of this Act, and every 5 years thereafter, the Secretary shall sub- providers of the systems over the fees costs of processing and authorizing mit to the appropriate committees of Con- for system access and use. If the retail- credit card transactions, including the gress a report that describes— ers and providers are unable to agree costs of ensuring data security and (1) the manner by which the program en- voluntarily on a consensus set of fees, safeguarding against fraud. Inter- ables the Secretary— the bill would direct an impartial panel change fees can also help protect an (A) to address water conflicts; of judges to consider the two parties’ issuing bank from the risk that a con- (B) to conserve water; and fee proposals, and to select the pro- sumer may not pay his or her credit (C) to improve water quality; and posal that most closely reflects what a card bill, which would leave the issuing (2) each benefit that is achieved through the administration of the program, includ- hypothetical perfectly competitive bank on the hook for the amount that ing, to the maximum extent practicable, a market would produce. As I will dis- it gave to the acquiring bank at the quantitative analysis of each economic, so- cuss further below, this approach will time of a credit card transaction. cial, and environmental benefit. protect retailers and consumers by pre- In addition to covering these costs (h) AUTHORIZATION OF APPROPRIATIONS.— venting credit card companies from and risks, interchange fees have been There are authorized to be appropriated to using their market power to charge un- used to generate income for issuing carry out this section— reasonable fees through an unfair proc- banks. This income can be retained by (1) $2,000,000 for each of fiscal years 2008 ess. the issuing banks as profit, or can be and 2009; So what are interchange fees, and devoted to other uses such as consumer (2) $5,000,000 for fiscal year 2010; (3) $10,000,000 for fiscal year 2011; and why do they pose a problem? Whenever marketing campaigns or rewards pro- (4) $20,000,000 for each of fiscal years 2012 a consumer uses a credit or debit card grams for certain cardholders. through 2020. to make a purchase from a retailer, the In addition to the benefits that inter- banks and credit card companies in- change fees provide for issuing banks, By Mr. DURBIN: volved in the transaction charge a Visa, MasterCard and their partici- S. 3086. A bill to amend the antitrust number of fees that are passed on to pating banks argue that interchange laws to ensure competitive market- the retailer and ultimately to the con- fees have also provided benefits to re- based fees and terms for merchants’ ac- sumer. The interchange fee is one such tailers and consumers by helping to cess to electronic payment systems; to fee. It is a fee charged by the card- make credit and debit card trans- the Committee on the Judiciary. issuing bank to the retailer’s bank. actions more efficient and more preva- Mr. DURBIN. Mr. President, I rise Here is an example of how an inter- lent. Visa, MasterCard and the banks today to introduce the Credit Card Fair change fee is charged. When a con- claim that the growing use of credit Fee Act of 2008. This legislation will sumer buys $100 in goods from a re- and debit cards saves retailers from provide fairness and transparency in tailer using a Visa or MasterCard, the certain expenses involved with the setting of credit card interchange retailer first submits the transaction transacting business with cash or

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Ac- wards programs that are offered to acquirers are happy with it, there is no cording to a report by the Federal Re- some cardholders. incentive for card companies to help serve Bank in Minneapolis, U.S. inter- It is clear that interchange fees do merchants and consumers by reducing change fees average around 1.75 per- play an important part in the credit it. Additionally, it should be noted cent, while in other industrialized and debit card systems, and that over- that many if not most acquiring banks countries such as Britain interchange all these systems have created effi- also serve as issuing banks, and there- fees typically average around 0.7 per- ciencies and benefits for banks, mer- fore have almost no incentive to com- cent. chants and consumers. However, it is pete to lower the interchange rates In 2001, the total amount of inter- also clear that those who must ulti- that they themselves receive. Because change fees collected in the U.S. was mately pay interchange fees—retailers the acquirers and issuers are often the $16.6 billion. By 2007, that amount grew and their consumers—have no say in same banks, no one negotiates with to approximately $42 billion, an in- negotiating how much the interchange issuers about interchange fees on the crease of over 150 percent since 2001. fees should be. As a result, interchange retailers’ behalf, and the retailers are What are banks doing with the tens of fees are being set at rates that would left to negotiate for themselves. billions of dollars they are collecting not be agreed upon in a competitive Third, while some retailers may try in interchange fees each year? There is market, and that may favor banks to to negotiate directly with Visa or a serious lack of transparency on this the detriment of merchants and con- MasterCard to lower the interchange issue, but one study indicates that only sumers. fee component of their merchant dis- around 13 percent of collected inter- Why are retailers unable to negotiate count fees, most retailers have no le- change fees are devoted to covering the changes in Visa’s and MasterCard’s verage in these negotiations since at cost of processing credit card trans- interchange fee rates? There are sev- the end of the day they will likely have actions. According to this study, the eral reasons. First, because of Visa’s to agree to accept Visa and MasterCard majority of the collected fees went to- ward profits for the issuing banks, re- and MasterCard’s market power, the in order to stay in business. overwhelming majority of American As a result of this vast disparity in wards programs that benefit mostly af- retailers have no choice but to accept negotiating power, Visa and fluent cardholders, and marketing Visa and MasterCard as a method of MasterCard can essentially impose campaigns. Visa and MasterCard and the banks payment. Credit and debit cards are interchange rates upon retailers and that use them argue that their inter- currently used for over 40 percent of all those retailers have no choice but to change fee rates are set at levels that transactions in the U.S., and that per- accept them. Furthermore, Visa and best balance benefits and costs to card centage is increasing, in part due to ex- MasterCard also frequently impose issuers and to merchants. If the card tensive marketing by the card compa- take-it-or-leave-it contractual terms companies and the banks truly believe nies and the banks. Visa and and conditions on retailers, such as ac- that interchange fee rates are already MasterCard control over 70 percent of ceptance rules that require retailers to set at a level that is fair to merchants, the market for credit and debit cards. honor all cards issued by that credit it seems they should have no objection Most retailers simply cannot survive card company, even if the card is a re- to formalizing a process for setting unless they agree to accept those wards card with a higher interchange interchange rates that is fair and cards. rate. transparent and that gives merchants a Second, within an electronic pay- Because there is no competition and ment system the only party with whom legitimate voice in the process. no real retailer negotiation involved in That is what the Credit Card Fair retailers are able to negotiate effec- the setting of interchange fees, it is Fee Act would do. This legislation tively is the retailer’s acquiring bank, not surprising that interchange fees would apply to widely-used credit and and interchange fees are not covered in are being charged at levels that would debit card systems. Recognizing that those negotiations. In their efforts to not be agreed upon in a fair and com- these electronic payment systems have obtain retailers’ business, including petitive market. This has been dem- become nearly as important to our con- the business of processing the retailers’ onstrated in a number of ways. sumer economy as cash and that most credit card transactions, acquiring For example, as economies of scale retailers cannot stay in business with- banks will negotiate and compete over and advances in technology have out accepting them, the bill would en- many of the component fees that make brought down the cost of credit card sure that retailers have access to these up the merchant discount fee. However, transaction processing in recent years, electronic payment systems at fair the interchange fee is typically by far normal market pressures would sug- rates and terms. the largest component of the merchant gest that interchange rates would have Under the bill, if any electronic pay- discount fee, and acquiring banks do similarly decreased. But as noted in a ment system has significant market not negotiate with retailers on inter- March 29, 2008 Wall Street Journal edi- power, i.e., 20 percent or more of the change rates nor do they compete to torial, ‘‘The Visa interchange fee has credit and debit card market, retailers offer retailers lower interchange rates. increased over the past decade to 1.76 would receive limited antitrust immu- Instead, interchange rates are set by percent from an average of 1.5 percent. nity to engage in collective negotia- Visa and MasterCard, who claim that Economies of scale should be driving tions with the providers of that elec- their rates are set without the involve- fees down, as in most other service-fee tronic payment system over the fees ment of the banks. Accordingly, the ac- industries.’’ In March 2006, the Amer- and terms for access to the system. quiring banks tell their retailer cus- ican Banker reported that ‘‘according The bill would establish a mandatory tomers that the interchange rate com- to the credit card industry newsletter period for negotiations between the re- ponent cannot be negotiated or reduced The Nilson Report, interchange rates tailers and providers over fees and below the level set by Visa and for Visa and MasterCard International terms. If the negotiations between the MasterCard. have risen steadily every year since retailers and providers do not result in The interchange fee thus serves as a 1997.’’ an agreement, the matter would be de facto price floor for the overall mer- Also, interchange fees continue to be brought before a panel of expert Elec- chant discount fee—a floor that is fixed charged as a percentage of the sale tronic Payment System Judges, who in a nontransparent, nonnegotiable price, so even though the cost of proc- would be appointed by the Department fashion by card companies with signifi- essing a $1 credit card transaction is of Justice Antitrust Division and the cant market power. Although I have comparable to processing a $1,000 Federal Trade Commission. asked the credit card companies on transaction, the interchange fee paid These Judges would conduct a period several occasions for information that on that $1,000 sale is much higher and of discovery during which information would help me understand the cost much more lucrative for the issuing about fees, terms, and market condi- components that contribute to their bank. tions for electronic payment systems

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.082 S05JNPT1 smartinez on PROD1PC64 with SENATE S5210 CONGRESSIONAL RECORD — SENATE June 5, 2008 would be disclosed. At the end of the My legislation represents a measured would expand and strengthen the guar- discovery period, the Judges would approach to addressing the current anteed home loan program adminis- order a mandatory 21-day settlement market failure with interchange fee- tered by the Department of Veterans’ conference to facilitate a settlement setting. Other countries have addressed Affairs. This action is particularly between the retailers and electronic the problem of unfair interchange fees timely given the many readjustment payment system providers. If the set- through far more drastic solutions. For challenges faced by our veterans and tlement conference failed to result in example, Australia has imposed a sys- their families in this time of war, chal- an agreement, the Judges would con- tem of direct regulation of interchange lenges that have been compounded for duct a hearing where each side would fees through its central bank, and veterans by the current subprime present their final offer of fees and Mexico’s central bank has negotiated mortgage market crisis and credit terms. The Judges would then select rate reductions with the card compa- crunch. Mr. President, this legislation the offer of fees and terms that most nies. My legislation represents a mid- is intended to be the companion legis- closely represented the fees and terms dle ground between the current flawed lation to H.R. 4884, Helping Our Vet- that would be negotiated in a hypo- system and these aggressive foreign erans Keep Their Homes Act of 2008, in- thetical perfectly competitive market regulatory frameworks. troduced in the House by Chairman where neither party had market power. In short, the Credit Card Fair Fee FILNER of the House Veterans’ Affairs After choosing between the two of- Act would address the market power Committee. fers put forth by the parties, the imbalance between retailers and credit For some time, we have heard from Judges would enter an order providing card companies in setting interchange many veterans that the current struc- that these fees and terms would govern fee rates. It would create a forum ture of the VA Home Loan guarantee access to the electronic payment sys- where these fees can be fairly nego- program has not been responsive to the tem by the merchants for a period of 3 tiated by parties with equal bargaining needs of veterans in today’s market. years, unless the parties supersede this power. It would ensure that inter- For example, the current home loan agreement with a voluntarily nego- change fees and terms are fair to both limit is $417,000. Unfortunately, in tiated agreement. Decisions by the banks and retailers. And if retailers are many states with the largest popu- Judges would be appealable to the D.C. able to negotiate interchange rates lation of veterans, reservists, and ac- Circuit Court of Appeals. that reduce the transaction cost of tive duty personnel, the average home The Credit Card Fair Fee Act is mod- doing business with plastic, it would be price is well above the national aver- eled after the Copyright Royalty and beneficial to consumers as well. age and above the current loan ceiling. Distribution Reform Act of 2004, which How do we know that retailers will In contrast, the Federal Housing Au- created a similar system for the use of not just pocket any savings they get thority home loan program constrains copyrighted music works. through any reduction in interchange the loan dollar value by State and Credit card companies and banks fees that they are able to negotiate? county. I strongly believe that vet- may claim that this legislation in- We know because unlike the credit erans and service members should not volves government price setting, but card interchange rate-setting process, be penalized for geographic differences this is not the case. This legislation the retail industry is highly competi- in the housing market—particularly does not permit the government to es- tive, and that competition is largely when, for many, where they live is not tablish on its own accord what the fees based on price. of their own choosing but directed by and terms for retailer usage of credit Also, sometimes we hear the banks the military organization in which card systems ought to be. Rather, it and card companies argue that if inter- they are serving in the defense of the sets up a process whereby retailers change fees are reduced, they will have Nation. We have also learned that for vet- would be able to make their case as to to raise fees and penalties on card- erans and lenders, the VA loan process what fees and terms are fair, and if the holders to make up for the revenue can be costly, both with respect to per- retailers and credit card providers fail shortfall. If these companies stand by sonal finance and time. The fees that to agree voluntarily on those fees and this argument, I would expect them to are required for participation in the terms, independent judges would evalu- stand by its converse and reduce their program impose costs on the veteran ate the parties’ offers and select the cardholder fees and penalties whenever and family that reduce the financial offer that most closely resembles what their interchange fee collections in- attractiveness of the VA loan. In fact, the result would be in a fair and com- crease. However, interchange fee col- it has been suggested that those fees, petitive market. In contrast, currently lections have increased 150 percent the bureaucratic red-tape, and the loan Visa and MasterCard can use their since 2001, and we have seen no cor- responding decrease in fees and pen- dollar value constraints that I pre- overwhelming market power to estab- alties imposed upon all cardholders. viously noted, contributed to the con- lish non-negotiable interchange fees Unless you are one of the small per- ditions that resulted in far too many and terms, and retailers are forced to centage of cardholders with a current veterans being steered toward abide by these fees and terms or else be balance, no annual fees, and a lavish subprime loans in the first place. denied access to payment systems that rewards program, your issuing bank is Equally disturbing are reports that account for a huge percentage of all probably taking two bites at your wal- veterans and reservists did not have ac- U.S. transactions. This type of unac- let—one with interchange fees and one cess to prime rate loans because of the countable fee-setting runs far more with the fees on your statement. tumult created in their lives due to re- risk of harm for retailers and con- The Credit Card Fair Fee Act will peated deployments to Iraq, Afghani- sumers. protect consumers and retailers by pre- stan, or both. Unbelievably, despite Under my legislation, if the credit venting credit card companies from their wartime service, these patriots card companies and the banks are able using their market power to charge un- were assessed to have less than the de- to persuade the Judges that current reasonable fees through an unfair proc- sired level of personal financial sta- interchange rates are justifiable, then ess. This is important legislation, and I bility sought by prime rate lenders and the rates would remain as they are urge my colleagues to support its pas- received low credit scores. With access today. If, on the other hand, the retail- sage. to prime loans limited, subprimes be- ers are persuasive in arguing that cur- came an option of necessity for many rent interchange rates cannot be justi- By Ms. SNOWE: veterans. fied by competitive market dynamics, S. 3087. A bill to amend title 38, What has become a point of frustra- then the Judges would likely rule that United States Code, to make certain tion for veterans now trapped in the alternative interchange rates would improvements in the home loan guar- mortgage debacle is that the guaran- better represent the result of a per- anty programs administered by the teed home loan program is limited in fectly competitive market. In either Secretary of Veterans Affairs, and for its ability to provide relief for veterans case, at a minimum the interests of re- other purposes; to the Committee on who have fallen victim to unscrupulous tailers and consumers would be much Veterans’ Affairs. lenders who prey on military families. better represented in this fundamen- Ms. SNOWE. Mr. President, I rise Given the sacrifices of our veterans tally important market. today to introduce legislation that and their families, and the disruption

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.085 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5211 in their lives created when they patri- In addition to its natural attributes, horseback riders, hunters, botanists, otically answer their Nation’s call to many Bend business leaders understand and other outdoor enthusiasts. The service, we must do better by our vet- that an Oregon Badlands Wilderness area is important habitat for popu- erans by providing a readjustment ben- adds to the area’s national reputation lations of Mule Deer and Rocky Moun- efit that reflects the realities of to- as a hub for diverse outdoor recreation. tain Elk, as well as many bird species. day’s housing market. The legislation In the Bend area, people can enjoy al- To preserve this natural treasure, my that I am introducing today would pro- most any outdoor activity—boating, bill would designate approximately vide for the following: (1) increase the biking, skiing, horseback riding, hunt- 8,600 acres as the Spring Basin Wilder- maximum home loan guarantee ing, riding off-road vehicles and hiking. ness. amount to $729,750; (2) decrease the eq- Within roughly an hour’s drive of Bend, During the past several years, many uity requirement to refinance a home there are more than 400,000 acres of community leaders and adjacent land- loan; (3) require the VA Secretary to public lands available to motorized owners have approached me advocating review and streamline the process of recreation—and I look forward to con- for Wilderness designation for this using a guaranteed home loan to pur- tinuing to work with the Central Or- spectacular land that borders the Wild chase a condominium; (4) eliminate the egon off road and snowmobile commu- and Scenic John Day River and the home loan funding fees; (5) reduce the nities. The region’s diverse rec- nearby John Day Fossil Beds. The area home loan refinance fees to one per- reational options are a true example of is known across Oregon for its profu- cent; (6) extend the adjustable rate multiple use. Into that mix we now add sion of spring wildflowers. The Confed- mortgage demonstration project to the peace and solitude of a wilderness erated Tribes of Warm Springs, local 2018; (7) extend the hybrid adjustable recreation experience. These kinds of landowners, the County Commission rate mortgage demonstration project diverse recreational opportunities and and the Federal Bureau of Land Man- to 2012; (8) raise the maximum loan scenic natural areas are part of what agement all support Wilderness des- ignation for Spring Basin. In fact, guarantee for refinancing a home to has attracted companies and new resi- Spring Basin was recommended to Con- $729,750; and (9) authorize the VA to dents to the Bend area and, with them, gress as a wilderness area by the Bu- offer a 30 percent guaranty for loans booming economic development. Ac- reau of Land Management in 1989. Pro- made on homes determined by VA and cording to the 2007 article in The Econ- HUD to be affordable housing. tecting this scenic jewel will add to Or- omist entitled ‘‘Booming Bend,’’ ‘‘Fab- egon’s treasured wilderness and the Clearly, this is the right thing to do. ulous scenery attracts people with fab- I should note that this legislation is unique recreational opportunities it ulous amounts of money.’’ To sum it provides. supported by the veterans’ services or- up, people seek places to live and work ganizations, including the Veterans of I want to express my thanks to all with the kind of high quality of life the the volunteers and supporters who Foreign Wars and the American Le- Bend area can offer. The natural beau- gion. I sincerely hope that my col- have worked tirelessly to protect this ty and recreational opportunities of an area and reached out to diverse com- leagues will join me and offer their area like Bend propel this growth. support for this important legislation. munity groups to build support. I also The Bend community has been talk- want to thank the Confederated Tribes ing about protecting the special place By Mr. WYDEN: of the Warm Springs for their engage- S. 3088. A bill to designate certain known as the Badlands for many years. ment and support. The Confederated land in the State of Oregon as wilder- Volunteers have been working with Tribes of the Warm Springs own and ness, and for other purposes; to the long-time Oregon ranchers, notably manage approximately 30,000 acres of Committee on Energy and Natural Re- Bev and Ray Clarno, whose family has adjacent land that they manage to the sources. worked the land for generations, along north and east of Spring Basin. The Mr. WYDEN. Mr. President, today I with conservationists, irrigators, and Tribes manage these lands for the im- am pleased to introduce two bills to more than 200 local businesses to gain provement of fish and wildlife habitat protect two unique places in the high protection for the Badlands as wilder- and I look forward to working with desert of Central and Eastern Oregon ness. them to implement this legislation. as wilderness. These areas both reflect This designation is also a tribute to a Mr. President, I ask unanimous con- the wild, rugged beauty that makes Or- remarkable young woman, Rachel sent that the text of the bills be print- egon’s terrain east of the Cascade Scdoris, who grew up driving and train- ed in the RECORD. Mountains so incomparable. ing her sled dog team through this There being no objection, the text of The first bill I am introducing, the area—and the bill provides that she the bills was ordered to be printed in Oregon Badlands Wilderness Act of may continue doing so for as long as the RECORD, as follows: 2008, S. 3088, would designate as wilder- she chooses. Ms. Scdoris is legally S. 3088 ness almost 30,000 acres of the area blind, and she recently completed in Be it enacted by the Senate and House of Rep- known as the Badlands. The Badlands her third Iditarod sled dog race. resentatives of the United States of America in consists of high desert that is located This wilderness designation has been Congress assembled, just 15 miles east of Bend, Oregon, and a long time in coming; it has been over SECTION 1. SHORT TITLE. two decades since the BLM began re- This Act may be cited as the ‘‘Oregon Bad- straddles the Deschutes-Crook county lands Wilderness Act of 2008’’. viewing which lands should be consid- border. The Badlands is made up of SEC. 2. FINDINGS AND PURPOSES. pockets of soft sand, lichen-covered ered candidates for wilderness. From (a) FINDINGS.—Congress finds that— lava flows and 1,000-year-old ancient that time forward, BLM has repeatedly (1) certain Bureau of Land Management junipers. It is home to pronghorn, deer, concluded that the Badlands should be land in central Oregon qualifies for addition and elk. protected as Wilderness. It is time to to the National Wilderness Preservation Sys- The effort to protect the Badlands make it happen. This unique part of tem; was led by a Bend schoolteacher, Alice the Oregon high desert needs to be per- (2) 1 of the chief economic assets of the Elshoff, in the 1980s. According to an manently protected for generations to central Oregon region is the rich diversity of available recreation, with the region offering article about Ms. Elshoff’s efforts, come. a wide variety of multiple-use areas for ski- ‘‘Huge chunks of basalt rock jut out of The second bill I am introducing is ing, biking, hunting, off-highway vehicle use, the soft desert sand like blisters that the Spring Basin Wilderness Act of boating, and other motorized recreation; burst from within the earth. Twisted 2008, S. 3089. This region is further east (3) there are over 400,000 acres of public juniper trees, some hundreds of years and even more remote than the Bad- land near Bend, Oregon, available for off- old, seem to desperately cling to the lands. Spring Basin is one of Central highway vehicles and other motorized recre- jagged rock formations. And beneath Oregon’s premier wild areas. Over- ation uses; the trees and nearly hidden in narrow looking the John Day Wild and Scenic (4) motorized recreation users in central hideaways among the rocks are faint River, the rolling hills of Spring Basin Oregon should continue to have access to an abundance of land managed, in part, for their red drawings, messages left by pre- burst with color during the spring use; historic Indians who called this rugged wildflower bloom. It boasts canyons (5) the proposed Oregon Badlands Wilder- part of the world home. This is the and diverse geology that offers rec- ness would increase the offerings in the re- Badlands.’’ reational opportunities for hikers, gion by making an additional 30,000 acres in

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.062 S05JNPT1 smartinez on PROD1PC64 with SENATE S5212 CONGRESSIONAL RECORD — SENATE June 5, 2008 central Oregon available for wilderness ness by this Act is withdrawn from all forms ness study area has been adequately studied recreation and solitude; and of— for wilderness designation. (6) certain land exchanges that would con- (A) entry, appropriation, or disposal under (b) RELEASE.—Any public land described in solidate Federal land holdings within or near the public land laws; subsection (a) that is not designated as wil- to the proposed wilderness to enhance wil- (B) location, entry, and patent under the derness by this Act— derness values and management are in the mining laws; and (1) is no longer subject to section 603(c) of public interest. (C) disposition under the mineral leasing, the Federal Land Policy and Management (b) PURPOSES.—The purposes of this Act mineral materials, and geothermal leasing Act of 1976 (43 U.S.C. 1782(c)); and are— laws. (2) shall be managed in accordance with (1) to designate the Oregon Badlands Wil- (4) GRAZING.—The grazing of livestock in the applicable land management plans derness in the State of Oregon; and the Wilderness, if established before the date adopted under section 202 of that Act (43 (2) to authorize, direct, and facilitate sev- of enactment of this Act, and the mainte- U.S.C. 1712). eral land exchanges to consolidate Federal nance of facilities in existence on the date of SEC. 7. LAND EXCHANGES. land holdings within or near the Oregon Bad- enactment of this Act relating to grazing, (a) CLARNO LAND EXCHANGE.— lands Wilderness. shall be permitted to continue subject to (1) CONVEYANCE OF LAND.—If the Land- SEC. 3. DEFINITIONS. such reasonable regulations as are consid- owner offers to convey to the United States In this Act: ered necessary by the Secretary in accord- all right, title, and interest of the Land- (1) DISTRICT.—The term ‘‘District’’ means ance with— owner in and to the non-Federal land de- the Central Oregon Irrigation District, which (A) section 4(d)(4) of the Wilderness Act (16 scribed in paragraph (2)(A), the Secretary has offices in Redmond, Oregon. U.S.C. 1133(d)(4)); and shall— (2) LANDOWNER.—The term ‘‘Landowner’’ (B) the guidelines set forth in Appendix A (A) accept the offer; and means Ray Clarno, a resident of Redmond, of the report of the Committee on Interior (B) on receipt of acceptable title to the Oregon. and Insular Affairs of the House of Rep- non-Federal land and subject to valid exist- (3) SECRETARY.—The term ‘‘Secretary’’ resentatives accompanying H.R. 2570 of the ing rights, convey to the Landowner all means the Secretary of the Interior. 101st Congress (H. Rept. 101–405). right, title, and interest of the United States (4) STATE.—The term ‘‘State’’ means the (5) ACCESS TO PRIVATE PROPERTY.—The Sec- in and to the Federal land described in para- State of Oregon. retary shall provide any owner of private graph (2)(B). (5) WILDERNESS.—The term ‘‘Wilderness’’ property within the boundary of the Wilder- (2) DESCRIPTION OF LAND.— means the Oregon Badlands Wilderness des- ness adequate access to the property to en- (A) NON-FEDERAL LAND.—The non-Federal ignated by section 4(a). sure the reasonable use and enjoyment of the land referred to in paragraph (1) is the ap- (6) WILDERNESS MAP.—The term ‘‘wilder- property by the owner. proximately 240 acres of non-Federal land ness map’’ means the map entitled ‘‘Bad- (6) TRIBAL RIGHTS.—Nothing in this Act— identified on the wilderness map as ‘‘Clarno lands Wilderness’’ and dated June 4, 2008. (A) affects, alters, amends, repeals, inter- to Federal Government’’. SEC. 4. OREGON BADLANDS WILDERNESS. prets, extinguishes, modifies, or is in conflict (B) FEDERAL LAND.—The Federal land re- (a) DESIGNATION.—In accordance with the with— ferred to in paragraph (1)(B) is the approxi- Wilderness Act (16 U.S.C. 1131 et seq.), ap- (i) the treaty rights of an Indian tribe, in- mately 245 acres of Federal land identified proximately 29,837 acres of Bureau of Land cluding the rights secured by the Treaty of on the wilderness map as ‘‘Federal Govern- Management land in the State, as depicted June 25, 1855, between the United States and ment to Clarno’’. on the wilderness map, is designated as Wil- the Tribes and Bands of Middle Oregon (12 (3) SURVEYS.—The exact acreage and legal derness and as a component of the National Stat. 963); or description of the Federal land and non-Fed- Wilderness Preservation System, to be (ii) any other rights of an Indian tribe; or eral land described in paragraph (2) shall be known as the ‘‘Oregon Badlands Wilderness’’. (B) prevents, prohibits, terminates, or determined by surveys approved by the Sec- (b) MAP AND LEGAL DESCRIPTION.— abridges the exercise of treaty-reserved retary. (1) SUBMISSION OF MAP AND LEGAL DESCRIP- rights, including the rights secured by the (b) DISTRICT EXCHANGE.— TION.—As soon as practicable after the date Treaty of June 25, 1855, between the United (1) CONVEYANCE OF LAND.—If the District of enactment of this Act, the Secretary shall States and the Tribes and Bands of Middle offers to convey to the United States all file a map and legal description of the Wil- Oregon (12 Stat. 963)— right, title, and interest of the District in derness with— (i) within the boundaries of the Wilderness; and to the non-Federal land described in (A) the Committee on Energy and Natural or paragraph (2)(A), the Secretary shall— Resources of the Senate; and (ii) on land acquired by the United States (A) accept the offer; and (B) the Committee on Natural Resources of under this Act. (B) on receipt of acceptable title to the the House of Representatives. SEC. 5. SCDORIS CORRIDOR. non-Federal land and subject to valid exist- (2) FORCE OF LAW.—The map and legal de- (a) EXISTING USE.— ing rights, convey to the District all right, scription filed under paragraph (1) shall have (1) IN GENERAL.—Subject to subsection (b), title, and interest of the United States in the same force and effect as if included in the route depicted on the wilderness map and to the Federal land described in para- this Act, except that the Secretary may cor- shall be included in a corridor with a width graph (2)(B). rect any errors in the map or legal descrip- of 25 feet to be excluded from the Wilderness (2) DESCRIPTION OF LAND.— tion. to accommodate the existing use of the route (A) NON-FEDERAL LAND.—The non-Federal (3) PUBLIC AVAILABILITY.—The map and for purposes relating to the training of sled land referred to in paragraph (1) is the ap- legal description filed under paragraph (1) dogs by Rachael Scdoris. proximately 564 acres of non-Federal land shall be on file and available for public in- (2) INCLUSION IN WILDERNESS.—On final and identified on the wilderness map as ‘‘COID to spection in the appropriate offices of the total termination of the use of the route for Federal Government’’. Secretary. the purposes described in paragraph (1), the (B) FEDERAL LAND.—The Federal land re- (c) ADMINISTRATION OF WILDERNESS.— corridor described in that paragraph shall— ferred to in paragraph (1)(B) is the approxi- (1) IN GENERAL.—Subject to valid existing (A) become part of the Wilderness; and mately 686 acres of Federal land identified on rights, the Wilderness shall be administered (B) be managed in accordance with this the wilderness map as ‘‘Federal Government by the Secretary in accordance with the Wil- Act, the Wilderness Act (16 U.S.C. 1131 et to COID’’. derness Act (16 U.S.C. 1131 et seq.), except seq.), and any other applicable law. (3) SURVEYS.—The exact acreage and legal that— (b) INTERIM MANAGEMENT.—Except as pro- description of the Federal land and non-Fed- (A) any reference in the Wilderness Act to vided in subsection (a), the corridor shall eral land described in paragraph (2) shall be the effective date of the Wilderness Act shall otherwise be managed as wilderness. determined by surveys approved by the Sec- be considered to be a reference to the date of (c) WITHDRAWAL.—Subject to valid existing retary. enactment of this Act; and rights, the corridor described in subsection (c) APPLICABLE LAW.—Except as otherwise (B) any reference in that Act to the Sec- (a)(1) is withdrawn from all forms of— provided in this section, the Secretary shall retary of Agriculture shall be considered to (1) entry, appropriation, or disposal under carry out the land exchanges under this sec- be a reference to the Secretary of the Inte- the public land laws; tion in accordance with section 206 of the rior. (2) location, entry, and patent under the Federal Land Policy and Management Act of (2) INCORPORATION OF ACQUIRED LAND AND mining laws; and 1976 (43 U.S.C. 1716). INTERESTS.—Any land or interest in land (3) disposition under the mineral leasing, (d) VALUATION, APPRAISALS, AND EQUALI- within the boundary of the Wilderness that mineral materials, and geothermal leasing ZATION.— is acquired by the United States shall— laws. (1) IN GENERAL.—The value of the Federal (A) become part of the Wilderness; and SEC. 6. RELEASE OF WILDERNESS STUDY AREAS. land and the non-Federal land to be con- (B) be managed in accordance with this (a) FINDING.—Congress finds that, for the veyed in a land exchange under this sec- Act, the Wilderness Act (16 U.S.C. 1131 et purposes of section 603 of the Federal Land tion— seq.), and any other applicable law. Policy and Management Act of 1976 (43 (A) shall be equal, as determined by ap- (3) WITHDRAWAL.—Subject to valid existing U.S.C. 1782), the Bureau of Land Manage- praisals conducted in accordance with para- rights, the Federal land designated as wilder- ment land identified as the Badlands wilder- graph (2); or

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.069 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5213 (B) if not equal, shall be equalized in ac- Basin Study Area with Exchange Proposals’’ (B) on receipt of acceptable title to the cordance with paragraph (3). and dated May 22, 2008. non-Federal land and subject to valid exist- (2) APPRAISALS.— SEC. 3. SPRING BASIN WILDERNESS. ing rights, convey to the Tribes all right, (A) IN GENERAL.—The Federal land and the (a) DESIGNATION.—In accordance with the title, and interest of the United States in non-Federal land to be exchanged under this Wilderness Act (16 U.S.C. 1131 et seq.), the and to the Federal land described in para- section shall be appraised by an independent, approximately 8,661 acres of Bureau of Land graph (2)(B). qualified appraiser that is agreed to by the Management land in the State, as depicted (2) DESCRIPTION OF LAND.— Secretary and the owner of the non-Federal on the wilderness map, is designated as wil- (A) NON-FEDERAL LAND.—The non-Federal land to be exchanged. derness and as a component of the National land referred to in paragraph (1) is the ap- (B) REQUIREMENTS.—An appraisal under Wilderness Preservation System, to be proximately 3,635 acres of non-Federal land subparagraph (A) shall be conducted in ac- known as the ‘‘Spring Basin Wilderness’’. identified on the wilderness map as ‘‘Lands cordance with— (b) ADMINISTRATION OF WILDERNESS.— proposed for transfer from the CTWSIR to (i) the Uniform Appraisal Standards for (1) IN GENERAL.—Subject to valid existing the Federal Government’’. Federal Land Acquisition; and rights, the Wilderness shall be administered (B) FEDERAL LAND.—The Federal land re- (ii) the Uniform Standards of Professional by the Secretary in accordance with the Wil- ferred to in paragraph (1)(B) is the approxi- Appraisal Practice. derness Act (16 U.S.C. 1131 et seq.), except mately 3,653 acres of Federal land identified (3) EQUALIZATION.— that— on the wilderness map as ‘‘Lands proposed (A) IN GENERAL.—If the value of the Fed- (A) any reference in the Wilderness Act to for transfer from the Federal Government to eral land and the non-Federal land to be con- the effective date of the Wilderness Act shall CTWSIR’’. veyed in a land exchange under this section be considered to be a reference to the date of (3) SURVEYS.—The exact acreage and legal is not equal, the value may be equalized by— enactment of this Act; and description of the Federal land and non-Fed- (i) the Secretary making a cash equali- (B) any reference in that Act to the Sec- eral land described in paragraph (2) shall be zation payment to the owner of the non-Fed- retary of Agriculture shall be considered to determined by surveys approved by the Sec- eral land; be a reference to the Secretary of the Inte- retary. (ii) the owner of the non-Federal land mak- rior. (b) MCGREER LAND EXCHANGE.— ing a cash equalization payment to the Sec- (2) INCORPORATION OF ACQUIRED LAND AND (1) CONVEYANCE OF LAND.—If McGreer offers retary; or INTERESTS.—Any land or interest in land to convey to the United States all right, (iii) reducing the acreage of the Federal within the boundary of the Wilderness that title, and interest of McGreer in and to the land or the non-Federal land to be ex- is acquired by the United States shall— non-Federal land described in paragraph changed, as appropriate. (A) become part of the Wilderness; and (2)(A), the Secretary shall— (B) CASH EQUALIZATION PAYMENTS.—Any (B) be managed in accordance with this (A) accept the offer; and cash equalization payments received by the Act, the Wilderness Act (16 U.S.C. 1131 et (B) on receipt of acceptable title to the Secretary under subparagraph (A)(ii) shall seq.), and any other applicable law. non-Federal land and subject to valid exist- be— (3) GRAZING.—The grazing of domestic live- ing rights, convey to McGreer all right, title, (i) deposited in the Federal Land Disposal stock in the Wilderness shall be adminis- and interest of the United States in and to Account established by section 206(a) of the tered in accordance with— the Federal land described in paragraph Federal Land Transaction Facilitation Act (A) section 4(d)(4) of the Wilderness Act (16 (2)(B). (43 U.S.C. 2305(a)); and ESCRIPTION OF LAND.— (ii) used in accordance with that Act. U.S.C. 1133(d)(4)); (2) D (e) CONDITIONS OF EXCHANGE.— (B) the guidelines set forth in the report of (A) NON-FEDERAL LAND.—The non-Federal (1) IN GENERAL.—As a condition of a con- the Committee on Interior and Insular Af- land referred to in paragraph (1) is the ap- veyance of Federal land and non-Federal fairs of the House of Representatives accom- proximately 18 acres of non-Federal land land under this section, the Federal Govern- panying H.R. 5487 of the 96th Congress (H. identified on the wilderness map as ‘‘Lands ment and the owner of the non-Federal land Rept. 96–617); and proposed for transfer from McGreer to the shall equally share all costs relating to the (C) the guidelines set forth in Appendix A Federal Government’’. land exchange, including the costs of ap- of the report of the Committee on Interior (B) FEDERAL LAND.—The Federal land re- praisals, surveys, and any necessary environ- and Insular Affairs of the House of Rep- ferred to in paragraph (1)(B) is the approxi- mental clearances. resentatives accompanying H.R. 2570 of the mately 325 acres of Federal land identified (2) VALID EXISTING RIGHTS.—The exchange 101st Congress (H. Rept. 101–405). on the wilderness map as ‘‘Lands proposed of Federal land and non-Federal land under (4) ACCESS TO NON-FEDERAL LAND.—In ac- for transfer from the Federal Government to this section shall be subject to any ease- cordance with the Wilderness Act (16 U.S.C. McGreer’’. ments, rights-of-way, or other valid encum- 1131 et seq.), the Secretary shall provide rea- (3) SURVEYS.—The exact acreage and legal brances in existence on the date of enact- sonable access to non-Federal land within description of the Federal land and non-Fed- ment of this Act. the boundaries of the Wilderness. eral land described in paragraph (2) shall be (f) DEADLINE FOR COMPLETION OF LAND EX- (5) STATE WATER LAWS.—Nothing in this determined by surveys approved by the Sec- CHANGE.—It is the intent of Congress that section constitutes an exemption from State retary. the land exchanges under this section shall water laws (including regulations). (c) KEYS LAND EXCHANGE.— be completed not later than 16 months after (6) TRIBAL RIGHTS.—Nothing in this sec- (1) CONVEYANCE OF LAND.—If Keys offers to the date of enactment of this Act. tion— convey to the United States all right, title, (A) affects, alters, amends, repeals, inter- and interest of Keys in and to the non-Fed- S. 3089 prets, extinguishes, modifies, or is in conflict eral land described in paragraph (2)(A), the Be it enacted by the Senate and House of Rep- with— Secretary shall— resentatives of the United States of America in (i) the treaty rights of an Indian tribe, in- (A) accept the offer; and Congress assembled, cluding the rights secured by the Treaty of (B) on receipt of acceptable title to the SECTION 1. SHORT TITLE. June 25, 1855, between the United States and non-Federal land and subject to valid exist- This Act may be cited as the ‘‘Spring Basin the Tribes and Bands of Middle Oregon (12 ing rights, convey to Keys all right, title, Wilderness Act of 2008’’. Stat. 963); or and interest of the United States in and to SEC. 2. DEFINITIONS. (ii) any other rights of an Indian tribe; or the Federal land described in paragraph In this Act: (B) prevents, prohibits, terminates, or (2)(B). (1) FAMILY TRUST.—The term ‘‘family abridges the exercise of treaty-reserved (2) DESCRIPTION OF LAND.— trust’’ means the Bowerman Family Trust, rights, including the rights secured by the (A) NON-FEDERAL LAND.—The non-Federal which is the owner of the land described in Treaty of June 25, 1855, between the United land referred to in paragraph (1) is the ap- section 4(d)(2)(A). States and the Tribes and Bands of Middle proximately 181 acres of non-Federal land (2) KEYS.—The term ‘‘Keys’’ means Bob Oregon (12 Stat. 963)— identified on the wilderness map as ‘‘Lands Keys, a resident of Portland, Oregon. (i) within the boundaries of the Wilderness; proposed for transfer from Keys to the Fed- (3) MCGREER.—The term ‘‘McGreer’’ means or eral Government’’. H. Kelly McGreer, a resident of Antelope, Or- (ii) on land acquired by the United States (B) FEDERAL LAND.—The Federal land re- egon. under this Act. ferred to in paragraph (1)(B) is the approxi- (4) SECRETARY.—The term ‘‘Secretary’’ SEC. 4. LAND EXCHANGES. mately 183 acres of Federal land identified means the Secretary of the Interior. (a) CONFEDERATED TRIBES OF THE WARM on the wilderness map as ‘‘Lands proposed (5) STATE.—The term ‘‘State’’ means the SPRINGS INDIAN RESERVATION LAND EX- for transfer from the Federal Government to State of Oregon. CHANGE.— Keys’’. (6) TRIBES.—The term ‘‘Tribes’’ means the (1) CONVEYANCE OF LAND.—If the Tribes (3) SURVEYS.—The exact acreage and legal Confederated Tribes of the Warm Springs In- offer to convey to the United States all description of the Federal land and non-Fed- dian Reservation, with offices in Warm right, title, and interest of the Tribes in and eral land described in paragraph (2) shall be Springs, Oregon. to the non-Federal land described in para- determined by surveys approved by the Sec- (7) WILDERNESS MAP.—The term ‘‘wilder- graph (2)(A), the Secretary shall— retary. ness map’’ means the map entitled ‘‘Spring (A) accept the offer; and (d) BOWERMAN LAND EXCHANGE.—

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.069 S05JNPT1 smartinez on PROD1PC64 with SENATE S5214 CONGRESSIONAL RECORD — SENATE June 5, 2008 (1) CONVEYANCE OF LAND.—If the family land under this section, the Federal Govern- E-verify rather than maintaining it as trust offers to convey to the United States ment and the owner of the non-Federal land a voluntary system. Over time, I would all right, title, and interest of the family shall equally share all costs relating to the like to see this tool as a staple in the trust in and to the non-Federal land de- land exchange, including the costs of ap- workforce. My legislation today scribed in paragraph (2)(A), the Secretary praisals, surveys, and any necessary environ- shall— mental clearances. doesn’t go that far. (A) accept the offer; and (2) VALID EXISTING RIGHTS.—The exchange My amendment in 2006 and 2007 also (B) on receipt of acceptable title to the of Federal land and non-Federal land under would have changed the verification non-Federal land and subject to valid exist- this section shall be subject to any ease- and appeal procedures, and would have ing rights, convey to the family trust all ments, rights-of-way, or other valid encum- improved the ability of the Federal right, title, and interest of the United States brances in existence on the date of enact- Government to go after employers who in and to the Federal land described in para- ment of this Act. knowingly hire illegal aliens. graph (2)(B). (h) DEADLINE FOR COMPLETION OF LAND EX- While I hope that the Congress can (2) DESCRIPTION OF LAND.— CHANGE.—It is the intent of Congress that one day address these issues, my pri- (A) NON-FEDERAL LAND.—The non-Federal the land exchanges under this section shall land referred to in paragraph (1) is the ap- be completed not later than 16 months after ority this year is the reauthorization proximately 34 acres of non-Federal land the date of enactment of this Act. of the E-verify program. We must not identified on the wilderness map as ‘‘Lands let it expire. Employers rely on it, and proposed for transfer from Bowerman to the By Mr. GRASSLEY: we must not pull the rug from under Federal Government’’. S. 3093. A bill to extend and improve them in their attempt to abide by the (B) FEDERAL LAND.—The Federal land re- the effectiveness of the employment law. ferred to in paragraph (1)(B) is the approxi- mately 24 acres of Federal land identified on eligibility confirmation program; to My legislation would extend the pro- the wilderness map as ‘‘Lands proposed for the Committee on the Judiciary. gram indefinitely. There’s no reason transfer from the Federal Government to Mr. GRASSLEY. Mr. President, that we should allow this to expire in 1, Bowerman’’. today, I am introducing legislation to 5 or 10 years. It should only expire (3) SURVEYS.—The exact acreage and legal reauthorize and expand the E-verify when Congress feels the need to termi- description of the Federal land and non-Fed- program, a web based tool run by the nate it. Right now, over 61,000 employ- eral land described in paragraph (2) shall be Department of Homeland Security for ers use the program. That number is determined by surveys approved by the Sec- employers across the country. Known likely to grow, and they need to be able retary. (e) APPLICABLE LAW.—Except as otherwise as the Basic Pilot Program since its in- to know that Congress isn’t going to provided in this section, the Secretary shall ception in 1996, E-verify provides em- let this program die. carry out the land exchanges under this sec- ployers with a process to verify the Another provision in my bill would tion in accordance with section 206 of the work eligibility of new hires. This pro- require all contractors of the U.S. Gov- Federal Land Policy and Management Act of gram is set to expire in November of ernment to use E-verify, even though 1976 (43 U.S.C. 1716). this year. they have the authority to do so today. (f) VALUATION, APPRAISALS, AND EQUALI- The Immigration Reform and Control Under the original statute in 1996, the ZATION.— (1) IN GENERAL.—The value of the Federal Act of 1986 made it unlawful for em- Federal Government—including the land and the non-Federal land to be con- ployers to knowingly hire or employ Executive and Legislative Branches— veyed in a land exchange under this sec- aliens not eligible to work in the must comply with the terms and condi- tion— United States and required employers tions of E-verify. I added this provision (A) shall be equal, as determined by ap- to examine the identity and work eligi- because I don’t like the progress I am praisals conducted in accordance with para- bility documents of all new employees. seeing from the administration to re- graph (2); or Employers are required to partici- quire contractors to use the program. (B) if not equal, shall be equalized in ac- pate in a paper-based employment eli- In August of this year, Secretary cordance with paragraph (3). (2) APPRAISALS.— gibility verification system, commonly Chertoff announced a series of reforms (A) IN GENERAL.—The Federal land and the referred to as the I–9 system, in which to address border security and immi- non-Federal land to be exchanged under this they examine documents presented by gration challenges that our country section shall be appraised by an independent, new hires to verify identity and work faces. One of the 26 proposed reforms qualified appraiser that is agreed to by the eligibility, and complete and retain I–9 was to require Federal contractors to Secretary and the owner of the non-Federal verification forms. Under current law, use the basic pilot program. land to be exchanged. if the documents provided by an em- Specifically, Secretary Chertoff said (B) REQUIREMENTS.—An appraisal under ployee reasonably appear on their face that ‘‘the Administration will com- subparagraph (A) shall be conducted in ac- cordance with— to be genuine, the employer has met its mence a rulemaking process to require (i) the Uniform Appraisal Standards for document review obligation. However, all federal contractors and vendors to Federal Land Acquisition; and the easy availability of counterfeit use E-Verify, the federal electronic em- (ii) the Uniform Standards of Professional documents and fake identifications has ployment verification system, to en- Appraisal Practice. made a mockery of the law. sure that their employees are author- (3) EQUALIZATION.— In 1996, Congress authorized the ized to work in the United States.’’ I (A) IN GENERAL.—If the value of the Fed- Basic Pilot Program to help employers firmly believe that the Federal Govern- eral land and the non-Federal land to be con- verify the eligibility of their workers. ment ought to lead by example, and veyed in a land exchange under this section is not equal, the value may be equalized by— Participants in this program electroni- they shouldn’t wait for my bill to be- (i) the Secretary making a cash equali- cally verify new hires’ employment au- come law. zation payment to the owner of the non-Fed- thorization through the Social Secu- My bill would also allow employers eral land; rity Administration and, if necessary, to check the status of all employees, (ii) the owner of the non-Federal land mak- the Department of Homeland Security not just new hires. Since the system is ing a cash equalization payment to the Sec- databases. voluntary, businesses should be able to retary; or The Basic Pilot was authorized in 5 use E-verify to check the work eligi- (iii) reducing the acreage of the Federal States until an expansion of the pro- bility of all their employees. They land or the non-Federal land to be ex- would alert the Department of Home- changed, as appropriate. gram was agreed to by Congress in 2003. (B) CASH EQUALIZATION PAYMENTS.—Any Now, all States and all employers can land Security of their desire to check cash equalization payments received by the take advantage of this voluntary and all employees and be required to do the Secretary under subparagraph (A)(ii) shall free program. checks not later than 10 days after. If be— The bill I am introducing today isn’t an employer wants to make sure his or (i) deposited in the Federal Land Disposal broad expansion of the current pro- her labor force is lawful, or legally al- Account established by section 206(a) of the gram, which I would like to see done. I lowed to work in the United States, he Federal Land Transaction Facilitation Act attempted to revamp E-verify in 2006 or she should be afforded that right. (43 U.S.C. 2305(a)); and and 2007 when the Senate debated a Also, the Department of Homeland Se- (ii) used in accordance with that Act. (g) CONDITIONS OF EXCHANGE.— comprehensive immigration bill. Dur- curity should be able to require repeat (1) IN GENERAL.—As a condition of the con- ing those debates, I offered amend- offenders of immigration law to check veyance of Federal land and non-Federal ments to require all businesses to use the status of all employees, not just

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.064 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5215 new hires. My legislation would require the Marine Corps. Travis was deployed hope to thousands of veterans. This certain employers to use E-verify if the to Iraq in 2005. He served in Al Anbar year, the VA will spend more than $3.5 Security has reasonable cause to be- province. billion for mental health services. lieve that the employer has engaged in Like thousands of other American Some of these funds will be invested in the hiring of undocumented workers. men and women in uniform, Travis a new mental health inpatient ward in This provision will help us hold em- served nobly and with honor under the Helena, Montana. Over the last several ployers accountable. most difficult of circumstances. He ex- years, the VA has opened up hundreds My bill would require more informa- perienced the horrors of combat. He of new rural health clinics. Today, tion sharing between the agencies at lost numerous friends. And he saw un- there are more than 700 of these clinics the Department of Homeland Security. speakable violence. providing health care to our Nation’s Citizenship and Immigration Service, Travis testified that after months of veterans. Montana has recently re- the agency in charge of service and combat, his emotions seemed to dull or ceived two new rural health clinics in benefits for immigrants, runs the pro- shutdown. As he later learned, he was Lewistown and Cut Bank. The VA is gram. However, Immigration and Cus- experiencing a normal reaction to a making great strides. toms Enforcement has the duty to en- highly abnormal situation. His reac- But we need to do more. Thousands force immigration laws and conduct tion was a defense mechanism that al- of veterans still remain out of reach. worksite enforcement. I fear that the lowed him to continue to operate in a The VA has undertaken an aggressive two agencies don’t communicate combat zone. His mind was finding a campaign to make mental health care enough, especially when it comes to way to keep going. Thousands of ma- services available to veterans living in this program. While CIS will provide rines, soldiers, airmen and seamen rural areas. But thousands of Ameri- ICE information about employers who have experienced this phenomenon. cans returning from Iraq and Afghani- use E-verify upon request, this should Travis testified that when he arrived stan live hundreds of miles away from be an automatic process. The enforce- home it seemed ‘‘surreal.’’ He felt more the health care that they need. ment agency is better equipped to go out of place in his own home than he The Veteran’s Affairs Office of Policy after those who hire illegal aliens, and did in Iraq. Travis isolated himself Analysis and Forecasting counts 118,685 they should have access to such infor- from his friends. He was frequently registered highly-rural veterans in mation, including those businesses drunk and angry. Looking back, he un- America. Of these, only 39,158 live that receive final non-confirmations derstands that he was on what he within 2 hours of a VA medical center. through the system. My bill would re- called the ‘‘path to destruction.’’ Thousands of veterans returning from quire CIS to report monthly to ICE. One day, Travis received a phone call Iraq and Afghanistan often have to Finally, as a Senator from a State from Deb McBee. Deb is a veteran’s choose between a day-long trip to the with many rural communities, I have service officer from the Military Order VA or no care at all. In my home state heard small businesses say they want a of the Purple Heart. Deb had heard of Montana 32,404 rural veterans are system that works and is easy to use. about Travis’ experiences in combat. enrolled in the VA healthcare system. Many towns in Iowa and across the She recommended that he visit the VA Over 10,000 of those veterans must country want to be able to use E-verify clinic to seek help. Travis took her ad- drive more than an hour and a half to but may not have access to computers vice. The VA referred Travis to a vet- reach a VA hospital. And thousands of or the Internet. The Citizenship and eran’s liaison for the Western Montana those veterans must drive over two Immigration Service has made strides Mental Health Clinic. hours both ways. In times of crisis, two to help businesses learn the system and Travis connected immediately with hours is much too far to drive. accommodate their lack of access. As his mental health counselor. The coun- Research conducted by the Depart- we continue to ramp up the program selor was also a veteran who under- ment of Veterans Affairs shows that and potentially make it a requirement stood the nightmare of combat and the veterans residing in rural areas are in for all employers, I would like to see loneliness of coming home. Over time, poorer health than their urban coun- the Federal Government reach out to the counselor helped Travis to get back terparts. Nationwide, one out of every rural areas and figure out a way to on track. Before long, Travis was en- five veterans enrolled in VA health make this work. My bill would author- rolled in a pre-med program and had care lives in a rural area. Providing ize the Director of U.S. CIS to establish overcome many of the feelings of anger quality health care in a rural setting a demonstration program that assists and loss he had felt before. has proved to be a daunting challenge. small businesses in verifying the em- I begin with Travis’ story because it Limited numbers of doctors and long ployment eligibility of their newly offers hope. But it offers hope amid a highways make inadequate access to hired employees. very dark picture facing our veterans. care all too common. In conclusion, I cannot stress enough A recent study by the RAND Corpora- But let me return to Travis Williams’ the importance of making sure E- tion revealed that American veterans story. The key lesson of Travis’ story verify remains intact and operating for are facing a crisis of epic proportions. is that getting the right care to vet- employers across the country. We need RAND estimates that around 300,000 erans is all about teamwork. It wasn’t to reauthorize the program this year so service members suffer from post-trau- just the VA that saved Travis. It that businesses can continue to abide matic stress disorder—also known as wasn’t just professional mental health by our immigration laws. I urge my PTSD—or major depression. And counselors alone. It wasn’t just vet- colleagues to join me in this effort. 320,000 individuals reported experi- erans’ service organizations. Travis’ encing probable traumatic brain injury willpower alone was not sufficient to By Mr. BAUCUS: during deployment. get him through the hard times. It was S. 3095. A bill to amend title XVIII of The RAND study found that only 53 all of those things. All of those factors the Social Security Act to expand the percent of service members with post- working together helped Travis to get Medicare Rural Hospital Flexibility traumatic stress disorder or depression away from a life of anger and despair, Program to increase the delivery of have seen a doctor or mental health and back to a life full of meaning and mental health services and other provider in the past year. Of those who purpose. health services to veterans of Oper- had a mental disorder and sought care, Teamwork is what the Relief for ation Enduring Freedom and Operation about half received only ‘‘minimally Rural Veterans Act is all about. The Iraqi Freedom and to other residents of adequate’’ treatment. bill would enable small rural hospitals, rural areas, and for other purposes; to Tragically, on any single day, on av- mental health service providers, and the Committee on Finance. erage, 18 veterans commit suicide. other rural providers to work together Mr. BAUCUS. Mr. President, an Iraq More than one out of five of those vets to respond to the needs of veterans in veteran named Travis Williams told his were patients undergoing treatment by crisis. States could apply for funding to story at a field hearing in Great Falls, the VA. Think of it: Today, 18 veterans increase their capacity to deliver men- Montana last summer. After grad- are liable to commit suicide. tal health services by using state-of- uating from Capitol High School in The VA has responded to this crisis the-art technology such as tele-health Helena in 2002, Travis quickly joined with numerous initiatives that offer and tele-psychiatry.

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.078 S05JNPT1 smartinez on PROD1PC64 with SENATE S5216 CONGRESSIONAL RECORD — SENATE June 5, 2008 More specifically, my bill will give costs for lost productivity and suicide. For purposes of this clause, a network may, the Secretary of Health and Human Investing in more high-quality treat- as the Secretary determines appropriate, in- Services authority to award grants ment could save close to $2 billion clude Federally qualified health centers, rural health clinics, home health agencies, under the Medicare Rural Hospital within 2 years by substantially reduc- community mental health clinics and other Flexibility Program. The Medicare ing those indirect costs. providers of mental health services, phar- Flex Program has a successful 10-year Last month, Chairman BOB FILNER macists, local government, and other pro- history of strengthening the rural said this about the crisis facing our viders deemed necessary to meet the needs of healthcare infrastructure. Under this veterans: This is not a crisis that only veterans. new authority, States can apply for concerns numbers. This is a matter of ‘‘(iii) COORDINATION AT LOCAL LEVEL.—The grants to increase the capacity of rural life and death for the veterans for Secretary shall require, as appropriate, a providers to provide mental health whom we are responsible. State to demonstrate consultation with the I urge the VA to continue its efforts hospital association of such State, rural hos- services to veterans and other rural pitals located in such State, providers of residents. The bill would authorize an to extend its reach into rural areas. I mental health services, or other appropriate additional $100 million for this new au- applaud the nation’s thousands of vol- stakeholders for the provision of services thority for 2 years. unteers who serve our Nations’ vet- under a grant awarded under this paragraph. The Medicare Flex Program is a good erans. And I offer this legislation as ‘‘(iv) SPECIAL CONSIDERATION OF CERTAIN way to improve health care services in one way to begin a new approach to APPLICATIONS.—In awarding grants to States rural America. It has provided grants help those who have sacrificed so much under subparagraph (A), the Secretary shall in the name of duty, honor, and coun- give special consideration to applications to States to develop State rural health submitted by States in which veterans make care plans. It supports conversion of el- try. up a high percentage (as determined by the igible small rural hospital facilities to Mr. President, I ask unanimous con- Secretary) of the total population of the critical access status. It supports rural sent that the text of the bill be printed State. Such consideration shall be given emergency medical services. And it fos- in the RECORD. without regard to the number of veterans of ters rural health care network develop- There being no objection, the text of Operation Iraqi Freedom and Operation En- ment. It makes sense to expand this the bill was ordered to be printed in during Freedom living in the areas in which the RECORD, as follows: mental health services and other health care program to include mental health serv- services would be delivered under the appli- S. 3095 ices needed by veterans in crisis. cation. Research conducted by the Univer- Be it enacted by the Senate and House of Rep- ‘‘(C) COORDINATION WITH VA.—The Sec- sity of Maine found that small rural resentatives of the United States of America in retary shall, as appropriate, consult with the hospitals are playing a major role in Congress assembled, Director of the Office of Rural Health of the providing emergency health care serv- SECTION 1. SHORT TITLE. Department of Veterans Affairs in awarding ices to veterans. They are filling a crit- This Act may be cited as the ‘‘Relief for grants to States under subparagraph (A). Rural Veterans in Crisis Act of 2008’’. ical gap in caring for veterans in crisis. ‘‘(D) USE OF FUNDS.—A State awarded a But the Federal Government has not SEC. 2. EXPANSION AND EXTENSION OF THE grant under this paragraph may, as appro- MEDICARE RURAL HOSPITAL FLEXI- priate, use the funds to reimburse providers thus far provided funds to help rural BILITY PROGRAM. of services described in subparagraph (A) to hospitals to perform this task. The (a) IN GENERAL.—Section 1820(g) of the So- individuals described in that subparagraph. grants authorized in my bill could sup- cial Security Act (42 U.S.C. 1395i–4(g)) is ‘‘(E) LIMITATION ON USE OF GRANT FUNDS port crisis intervention services and amended by adding at the end the following FOR ADMINISTRATIVE EXPENSES.—A State other health care services needed by new paragraph: awarded a grant under this paragraph may ‘‘(6) PROVIDING MENTAL HEALTH SERVICES Iraq and Afghanistan veterans. My bill not expend more than 15 percent of the AND OTHER HEALTH SERVICES TO VETERANS amount of the grant for administrative ex- will focus upon those veterans who live AND OTHER RESIDENTS OF RURAL AREAS.— far from VA facilities. It could provide penses. ‘‘(A) GRANTS TO STATES.—The Secretary ‘‘(F) FINAL REPORT.—Not later than 1 year relief for veterans who have to drive may award grants to States that have sub- after the date on which the last grant is hours to receive emergency mental mitted applications in accordance with sub- awarded to a State under subparagraph (A), health care. paragraph (B) for increasing the delivery of the Secretary shall submit a report to Con- An additional benefit of these grants mental health services or other health care gress on the grants awarded under such sub- is that all rural residents, regardless of services deemed necessary to meet the needs paragraph. Such report shall include an as- whether they are veterans or not, of veterans of Operation Iraqi Freedom and sessment of the impact of such grants on in- Operation Enduring Freedom living in rural creasing the delivery of mental health serv- would be able to take advantage of the areas (as defined for purposes of section increased capacity of their small rural ices and other health services to veterans of 1886(d) and including areas that are rural the United States Armed Forces living in hospitals to deliver improved census tracks, as defined by the Adminis- rural areas (as so defined and including such healthcare services. trator of the Health Resources and Services areas that are rural census tracks), with par- Iraq and Afghanistan Veterans of Administration), including for the provision ticular emphasis on the impact of such America and the National Alliance on of crisis intervention services and the detec- grants on the delivery of such services to Mental Health Care have endorsed this tion of post-traumatic stress disorder, trau- veterans of Operation Enduring Freedom and bill. matic brain injury, and other signature inju- Operation Iraqi Freedom, and to other indi- The RAND study I mentioned earlier ries of veterans of Operation Iraqi Freedom viduals living in such rural areas.’’. and Operation Enduring Freedom, and for re- concluded that we need a major na- (b) USE OF FUNDS FOR FEDERAL ADMINIS- ferral of such veterans to medical facilities TRATIVE EXPENSES.—Section 1820(g)(5) of the tional effort to improve the capacity of operated by the Department of Veterans Af- Social Security Act (42 U.S.C. 1395i–4(g)(5)) is the mental health system to care for fairs, and for the delivery of such services to amended— veterans. The report stated that the ef- other residents of such rural areas. (1) by striking ‘‘beginning with fiscal year fort must include the military, vet- ‘‘(B) APPLICATION.— 2005’’ and inserting ‘‘for each of fiscal years erans, and civilian healthcare systems. ‘‘(i) IN GENERAL.—An application is in ac- 2005 through 2008’’; and This bill is one answer to that call. cordance with this subparagraph if the State (2) by inserting ‘‘and, of the total amount This bill is a way to approach the prob- submits to the Secretary at such time and in appropriated for grants under paragraphs (1), such form as the Secretary may require an lems facing our veterans from a new (2), and (6) for a fiscal year (beginning with application containing the assurances de- fiscal year 2009)’’ after ‘‘2005)’’. perspective. The philosophy behind the scribed in subparagraphs (A)(ii) and (A)(iii) (c) EXTENSION OF AUTHORIZATION FOR FLEX bill is that all agencies that can lend a of subsection (b)(1). GRANTS.—Section 1820(j) of the Social Secu- hand to our veterans should do so. The ‘‘(ii) CONSIDERATION OF REGIONAL AP- rity Act (42 U.S.C. 1395i–4(j)) is amended— challenges facing our Nation’s veterans PROACHES, NETWORKS, OR TECHNOLOGY.—The (1) by striking ‘‘and for’’ and inserting are too large for the VA to handle on Secretary may, as appropriate in awarding ‘‘for’’; and its own. grants to States under subparagraph (A), (2) by inserting ‘‘, for making grants to all Researchers estimate that PTSD and consider whether the application submitted States under paragraphs (1) and (2) of sub- depression among returning service by a State under this subparagraph includes section (g), $55,000,000 in each of fiscal years 1 or more proposals that utilize regional ap- 2009 and 2010, and for making grants to all members will cost the Nation as much proaches, networks, health information tech- States under paragraph (6) of subsection (g), as $6.2 billion in the 2 years following nology, telehealth, or telemedicine to deliver $50,000,000 in each of fiscal years 2009 and deployment. That’s an amount that in- services described in subparagraph (A) to in- 2010, to remain available until expended’’ be- cludes both direct medical care and dividuals described in that subparagraph. fore the period at the end.

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.080 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5217 SUBMITTED RESOLUTIONS months after the end of the Civil War, Whereas educating both the public and many African-Americans were still health care providers about the importance being denied the freedom that had been of early detection of male health problems SENATE RESOLUTION 584—RECOG- won. Juneteenth commemorates June will result in reducing rates of mortality for NIZING THE HISTORICAL SIG- 19, 1865, the day Union soldiers arrived these diseases; Whereas appropriate use of tests such as NIFICANCE OF JUNETEENTH in Galveston, Texas, to announce that INDEPENDENCE DAY AND EX- prostate specific antigen (PSA) exams, blood the Civil War had ended and ensure pressure screens, and cholesterol screens, in PRESSING THE SENSE OF THE that the slaves were free. African- conjunction with clinical examination and SENATE THAT HISOTRY SHOULD Americans who had been enslaved self-testing for problems such as testicular BE REGARDED AS A MEANS FOR began celebrating June 19 the following cancer, can result in the detection of many UNDERSTANDING THE PAST AND year as the anniversary of their eman- of these problems in their early stages and SOLVING THE CHALLENGES OF cipation, the day their dreams of free- increase the survival rates to nearly 100 per- THE FUTURE dom became reality. cent; Whereas women are 100 percent more like- Mr. DURBIN (for himself, Mr. LEVIN, As Americans, we can’t afford to for- get the lessons learned from slavery ly to visit the doctor for annual examina- Mr. OBAMA, Mr. REID, Ms. STABENOW, tions and preventive services than men; and Mr. BROWNBACK) submitted the fol- and that terrible stain on our nation’s Whereas men are less likely than women to lowing resolution; which was referred history. Juneteenth reminds us to stay visit their health center or physician for reg- to the Committee on the Judiciary: vigilant in our efforts to secure equal ular screening examinations of male-related S. RES. 584 opportunity for all Americans to keep problems for a variety of reasons, including working for justice. Justice is true fear, lack of health insurance, lack of infor- Whereas news of the end of slavery did not mation, and cost factors; reach frontier areas of the United States, freedom and equality for all citizens, Whereas National Men’s Health Week was and in particular the Southwestern States, regardless of race, religion, or ethnic established by Congress in 1994 and urged for more than 2 years after President Lin- background. men and their families to engage in appro- coln’s Emancipation Proclamation of Janu- I thank Senators OBAMA, REID, priate health behaviors, and the resulting in- ary 1, 1863, and months after the conclusion STABENOW, and BROWNBACK for joining creased awareness has improved health-re- of the Civil War; Senator LEVIN and me in recognizing lated education and helped prevent illness; Whereas, on June 19, 1865, Union soldiers historic Juneteenth Independence Day. Whereas the Governors of over 45 States led by Major General Gordon Granger ar- I encourage my colleagues to support issue proclamations annually declaring rived in Galveston, Texas, with news that this important resolution. Men’s Health Week in their States; the Civil War had ended and that the Whereas, since 1994, National Men’s Health enslaved were free; f Week has been celebrated each June by doz- Whereas African Americans who had been SENATE RESOLUTION 585—SUP- ens of States, cities, localities, public health slaves in the Southwest celebrated June 19, PORTING NATIONAL MEN’S departments, health care entities, churches, commonly known as ‘‘Juneteenth Independ- HEALTH WEEK and community organizations throughout ence Day’’, as the anniversary of their eman- the Nation, that promote health awareness cipation; Mr. CRAPO (for himself, Mr. MENEN- events focused on men and family; Whereas African Americans from the DEZ, Mr. SHELBY, Mrs. DOLE, and Mr. Whereas the National Men’s Health Week Southwest continue the tradition of cele- HATCH) submitted the following resolu- Internet website has been established at brating Juneteenth Independence Day as in- tion, which was referred to the Com- www.menshealthweek.org and features Gov- spiration and encouragement for future gen- mittee on Health, Education, Labor, ernors’ proclamations and National Men’s erations; and Pensions: Health Week events; Whereas, for more than 140 years, S. RES. 585 Whereas men who are educated about the Juneteenth Independence Day celebrations value that preventive health can play in pro- have been held to honor African American Whereas, despite advances in medical tech- longing their lifespan and their role as pro- freedom while encouraging self-development nology and research, men continue to live an ductive family members will be more likely and respect for all cultures; average of more than 5 years less than to participate in health screenings; Whereas, although Juneteenth Independ- women, and African-American men have the Whereas men and their families are en- ence Day is beginning to be recognized as a lowest life expectancy; couraged to increase their awareness of the national, and even global, event, the history Whereas 9 of the 10 leading causes of death, importance of a healthy lifestyle, regular ex- behind the celebration should not be forgot- as defined by the Centers for Disease Control ercise, and medical checkups; and ten; and and Prevention, affect men at a higher per- Whereas June 9 through 15, 2008, is Na- Whereas the faith and strength of char- centage than women; tional Men’s Health Week, which has the acter demonstrated by former slaves remains Whereas, between ages 45 and 54, men are 3 purpose of heightening the awareness of pre- an example for all people of the United times more likely than women to die of ventable health problems and encouraging States, regardless of background, religion, or heart attacks; 1 early detection and treatment of disease race: Now, therefore, be it Whereas men die of heart disease at 1 ⁄2 Resolved, That— times the rate of women; among men and boys: Now, therefore, be it (1) the Senate— Whereas men die of cancer at almost 11⁄2 Resolved, That the Senate— (A) recognizes the historical significance of times the rate of women; (1) supports the annual National Men’s Juneteenth Independence Day to the Nation; Whereas testicular cancer is one of the Health Week; and (B) supports the continued celebration of most common cancers in men aged 15 to 34, (2) calls upon the people of the United Juneteenth Independence Day to provide an and, when detected early, has a 96 percent States and interested groups to observe Na- opportunity for the people of the United survival rate; tional Men’s Health Week with appropriate States to learn more about the past and to Whereas the number of cases of colon can- ceremonies and activities. understand better the experiences that have cer among men will reach almost 54,000 in shaped the Nation; and 2008, and almost 1⁄2 will die from the disease; f (C) encourages the people of the United Whereas the likelihood that a man will de- velop prostate cancer is 1 in 6; States to observe Juneteenth Independence SENATE RESOLUTION 586—CON- Day with appropriate ceremonies, activities, Whereas the number of men developing and programs; and prostate cancer will reach over 186,320 in GRATULATING THE ARIZONA (2) it is the sense of the Senate that— 2008, and an estimated 28,660 will die from STATE UNIVERSITY WOMEN’S (A) history should be regarded as a means the disease; SOFTBALL TEAM FOR WINNING for understanding the past and solving the Whereas African-American men in the THE 2008 NATIONAL COLLEGIATE challenges of the future; and United States have the highest incidence in ATHLETIC ASSOCIATION DIVI- (B) the celebration of the end of slavery is the world of prostate cancer; SION I SOFTBALL CHAMPION- an important and enriching part of the his- Whereas significant numbers of health SHIP tory and heritage of the United States. problems that affect men, such as prostate Mr. DURBIN. Mr. President, today I cancer, testicular cancer, colon cancer, and Mr. KYL (for himself and Mr. am pleased to introduce with Senator infertility, could be detected and treated if MCCAIN) submitted the following reso- men’s awareness of these problems was more LEVIN a resolution recognizing the his- lution; which was considered and pervasive; agreed to: torical significance of Juneteenth Inde- Whereas more than 1⁄2 of the elderly wid- pendence. Day. ows now living in poverty were not poor be- S. RES. 586 Two years after President Lincoln’s fore the death of their husbands, and by age Whereas, on June 3, 2008, the Arizona State Emancipation Proclamation and 100 women outnumber men 8 to 1; University women’s softball team (in this

VerDate Aug 31 2005 06:56 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.068 S05JNPT1 smartinez on PROD1PC64 with SENATE S5218 CONGRESSIONAL RECORD — SENATE June 5, 2008 preamble referred to as the ‘‘ASU Sun Dev- Whereas, with our troops once again facing Many people have urged that I call the na- ils’’) won the 2008 National Collegiate Ath- danger abroad and the Nation looking for tion into a single day of special prayer. But letic Association Women’s College World Se- support here at home, the time is ripe to because the road is long and the desire is ries Softball Championship by defeating the once again heed the words and prayerful wis- great, I ask that our people devote them- women’s softball team of Texas A & M Uni- dom contained in the D-Day radio address of selves in a continuance of prayer. As we rise versity by a score of 11 to 0; the 20th century’s greatest Democrat presi- to each new day, and again when each day is Whereas that victory marks the first dent as he implored the Nation: ‘‘as we rise spent, let words of prayer be on our lips, in- championship title for the ASU Sun Devils; to each new day, and again when each day is voking Thy help to our efforts. Whereas the ASU Sun Devils now hold the spent, let words of prayer be on our lips, in- Give us strength, too—strength in our Women’s College World Series record for the voking Thy help to our efforts’’; daily tasks, to redouble the contributions we largest margin of victory in a championship Whereas more than 300,000 men and women make in the physical and the material sup- game; of the United States Armed Forces are de- port of our armed forces. Whereas the ASU Sun Devils beat oppo- ployed worldwide today; And let our hearts be stout, to wait out the nents by a combined score of 24 to 2 in 5 Whereas about 200,000 of these troops are long travail, to bear sorrows that may come, Women’s College World Series wins and com- engaged in armed combat in Iraq and Af- to impart our courage unto our sons pleted the season with 66 wins and 5 losses ghanistan against determined and ruthless wheresoever they may be. and a perfect 10 and 0 mark in the enemies; And, O Lord, give us faith. Give us faith in postseason; and Whereas more than 4,500 brave Americans Thee; faith in our sons; faith in each other; Whereas ASU Sun Devils pitcher Katie have been killed, and over 42,000 have been faith in our united crusade. Let not the Burkhart finished with 5 wins and 53 strike- wounded, while fighting the War on Terror; keenness of our spirit ever be dulled. Let not outs in the Women’s College World Series Whereas, because the War on Terror will be the impacts of temporary events, of tem- and earned Most Valuable Player honors: long and hard, because success is not likely poral matters of but fleeting moment—let Now, therefore, be it to come with rushing speed, and because the not these deter us in our unconquerable pur- Resolved, That the Senate— sacrifice will continue to be immeasurable in pose. (1) congratulates the Arizona State Univer- human terms, it is appropriate to make the With Thy blessing, we shall prevail over sity women’s softball team for winning the anniversary of D-Day, June 6, a national day the unholy forces of our enemy. Help us to 2008 National Collegiate Athletic Association of prayer and rededication for the men and conquer the apostles of greed and racial arro- Division I Women’s Softball Championship; women of the United States Armed Forces gances. Lead us to the saving of our country, and and their mission; and and with our sister nations into a world (2) recognizes the players, coaches, and Whereas the D-Day radio address of Presi- unity that will spell a sure peace—a peace support staff who were instrumental in that dent Roosevelt is the inspiration and model invulnerable to the schemings of unworthy achievement. for this annual national day of prayer and men. And a peace that will let all of men live f rededication: Now, therefore, be it in freedom, reaping the just rewards of their Resolved, That— SENATE RESOLUTION 587—DECLAR- honest toil. (1) June 6, 2008, will be a national day of Thy will be done, Almighty God. ING JUNE 6, 2008, A NATIONAL prayer and rededication for the men and Amen.’’. DAY OF PRAYER AND REDEDICA- women of the United States Armed Forces Mr. DEMINT. Mr. President, I rise to TION FOR THE MEN AND WOMEN and their mission; and speak on a resolution I have submitted OF THE UNITED STATES ARMED (2) in encouraging our fellow Americans to today that declares June 6 a national FORCES AND THEIR MISSION join us in this national day of prayer and re- dedication for our troops and their mission, day of prayer and rededication for the Mr. DEMINT (for himself and Mr. by reflecting on President Roosevelt’s D-Day men and women of the U. S. Armed HATCH) submitted the following resolu- radio prayer, as follows: Forces and their mission. tion; which was referred to the Com- ‘‘My Fellow Americans: As my colleagues know, when 73,000 mittee on the Judiciary: Last night, when I spoke with you about Americans stormed the beaches at Nor- S. RES. 587 the fall of Rome, I knew at that moment mandy, France, on June 6, 1944, Presi- that troops of the United States and our Al- Whereas public prayer and national days of dent Franklin Roosevelt went on na- prayer are a long-standing American tradi- lies were crossing the Channel in another and greater operation. It has come to pass tional radio to lead the Nation in pray- tion to bolster national resolve and summon er for their success. the national will for victory; with success thus far. Whereas the Continental Congress asked And so, in this poignant hour, I ask you to With over 300,000 men and women of the colonies to pray for wisdom in forming a join with me in prayer: the U.S. Armed Forces deployed world- Almighty God: Our sons, pride of our na- nation in 1775; wide today, and many of these troops tion, this day have set upon a mighty en- Whereas Benjamin Franklin proposed that directly engaged in armed combat in deavor, a struggle to preserve our Republic, the Constitutional Convention begin each our religion, and our civilization, and to set Iraq and Afghanistan against deter- day with a prayer; free a suffering humanity. mined and ruthless enemies, President Whereas General George Washington, as he Lead them straight and true; give strength Roosevelt’s words calling on all Ameri- prepared his troops for battle with the Brit- to their arms, stoutness to their hearts, cans to ‘‘devote themselves to a con- ish in May 1776, ordered them to pray for the steadfastness in their faith. tinuance of prayer’’ for American sol- campaign ahead, that it would please the Al- They will need Thy blessings. Their road mighty to ‘‘prosper the arms of the united diers, sailors, airmen, and marines in will be long and hard. For the enemy is harm’s way are as appropriate today as colonies’’ and ‘‘establish the peace and free- strong. He may hurl back our forces. Success dom of America upon a solid and lasting may not come with rushing speed, but we they were in June of 1944. foundation’’; shall return again and again; and we know It is appropriate to make every anni- Whereas President Abraham Lincoln, in that by Thy grace, and by the righteousness versary of D-day, June 6, a national declaring in the Gettysburg Address that of our cause, our sons will triumph. day of prayer for the men and women ‘‘this nation, under God, shall have a new They will be sore tried, by night and by of the U.S. Armed Forces. birth of freedom’’, rededicated the Nation to day, without rest — until the victory is won. ensuring that ‘‘government of the people, by Now I will read President Roosevelt’s The darkness will be rent by noise and flame. D-day radio prayer: the people, for the people, shall not perish Men’s souls will be shaken with the violences from the earth’’; of war. My Fellow Americans: Whereas, as 73,000 Americans stormed the For these men are lately drawn from the Last night, when I spoke with you about beaches at Normandy, France, on June 6, ways of peace. They fight not for the lust of the fall of Rome, I knew at that moment 1944 (D-Day), President Franklin Delano conquest. They fight to end conquest. They that troops of the United States and our Al- Roosevelt went on the national radio to lead fight to liberate. They fight to let justice lies were crossing the Channel in another the Nation in prayer for their success; arise, and tolerance and goodwill among all and greater operation. It has come to pass Whereas, in his D-Day radio prayer, Presi- Thy people. They yearn but for the end of with success thus far. dent Roosevelt did not declare a single day battle, for their return to the haven of home. And so, in this poignant hour, I ask you to of special prayer, but instead compelled all Some will never return. Embrace these, join with me in prayer: Americans to ‘‘devote themselves in a con- Father, and receive them, Thy heroic serv- Almighty God: Our sons, pride of our na- tinuance of prayer’’; ants, into Thy kingdom. tion, this day have set upon a mighty en- Whereas the words of President Roosevelt And for us at home—fathers, mothers, chil- deavor, a struggle to preserve our Republic, calling on all Americans to ‘‘devote them- dren, wives, sisters, and brothers of brave our religion, and our civilization, and to set selves in a continuance of prayer’’ for Amer- men overseas, whose thoughts and prayers free a suffering humanity. ican soldiers, sailors, airmen, and Marines in are ever with them — help us, Almighty God, Lead them straight and true; give strength harm’s way are just as appropriate today as to rededicate ourselves in renewed faith in to their arms, stoutness to their hearts, they were in June 1944; Thee in this hour of great sacrifice. steadfastness in their faith.

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.071 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5219 They will need Thy blessings. Their road SA 4865. Mr. MENENDEZ (for himself, Ms. SA 4883. Mr. SPECTER (for himself, Mr. will be long and hard. For the enemy is SNOWE, and Mr. DURBIN) submitted an COLEMAN, Ms. KLOBUCHAR, Ms. STABENOW, strong. He may hurl back our forces. Success amendment intended to be proposed by him and Mr. CASEY) submitted an amendment in- may not come with rushing speed, but we to the bill S. 3036, supra; which was ordered tended to be proposed by him to the bill S. shall return again and again; and we know to lie on the table. 3036, supra; which was ordered to lie on the that by Thy grace, and by the righteousness SA 4866. Mrs. MURRAY (for herself and Ms. table. of our cause, our sons will triumph. SNOWE) submitted an amendment intended SA 4884. Mr. SPECTER submitted an They will be sore tried, by night and by to be proposed by her to the bill S. 3036, amendment intended to be proposed by him day, without rest—until the victory is won. supra; which was ordered to lie on the table. to the bill S. 3036, supra; which was ordered The darkness will be rent by noise and flame. SA 4867. Mr. KERRY (for himself, Ms. to lie on the table. Men’s souls will be shaken with the violences SNOWE, Mr. INOUYE, Mr. STEVENS, Mr. LAU- SA 4885. Mr. ISAKSON (for himself and Mr. of war. TENBERG, Ms. CANTWELL, Mr. CARPER, Mr. GRAHAM) submitted an amendment intended For these men are lately drawn from the NELSON, of Florida, Mr. ROCKEFELLER, Ms. to be proposed by him to the bill S. 3036, ways of peace. They fight not for the lust of KLOBUCHAR, Mr. DURBIN, and Mr. WARNER) supra; which was ordered to lie on the table. conquest. They fight to end conquest. They submitted an amendment intended to be pro- SA 4886. Mr. GRAHAM (for himself and Mr. fight to liberate. They fight to let justice posed to amendment SA 4825 proposed by ISAKSON) submitted an amendment intended arise, and tolerance and goodwill among all Mrs. BOXER (for herself, Mr. WARNER, and to be proposed by him to the bill S. 3036, Thy people. They yearn but for the end of Mr. LIEBERMAN) to the bill S. 3036, supra; supra; which was ordered to lie on the table. battle, for their return to the haven of home. which was ordered to lie on the table. SA 4887. Ms. COLLINS (for herself and Ms. Some will never return. Embrace these, SA 4868. Mr. DODD submitted an amend- SNOWE) submitted an amendment intended Father, and receive them, Thy heroic serv- ment intended to be proposed by him to the to be proposed by her to the bill S. 3036, ants, into Thy kingdom. bill S. 3036, supra; which was ordered to lie supra; which was ordered to lie on the table. SA 4888. Mr. INHOFE (for himself and Mr. And for us at home— fathers, mothers, on the table. SA 4869. Mr. THUNE submitted an amend- BOND) submitted an amendment intended to children, wives, sisters, and brothers of brave ment intended to be proposed by him to the be proposed by him to the bill S. 3036, supra; men overseas, whose thoughts and prayers bill S. 3036, supra; which was ordered to lie which was ordered to lie on the table. are ever with them—help us, Almighty God, on the table. SA 4889. Mr. INHOFE submitted an amend- to rededicate ourselves in renewed faith in SA 4870. Mr. LAUTENBERG (for himself, ment intended to be proposed by him to the Thee in this hour of great sacrifice. Mrs. BOXER, Mr. LIEBERMAN, and Mr. WAR- bill S. 3036, supra; which was ordered to lie Many people have urged that I call the na- NER) submitted an amendment intended to on the table. tion into a single day of special prayer. But be proposed by him to the bill S. 3036, supra; SA 4890. Ms. KLOBUCHAR submitted an because the road is long and the desire is which was ordered to lie on the table. amendment intended to be proposed by her great, I ask that our people devote them- SA 4871. Mr. LAUTENBERG (for himself to the bill S. 3036, supra; which was ordered selves in a continuance of prayer. As we rise and Mr. MENENDEZ) submitted an amend- to lie on the table. to each new day, and again when each day is ment intended to be proposed by him to the SA 4891. Mr. SANDERS submitted an spent, let words of prayer be on our lips, in- bill S. 3036, supra; which was ordered to lie amendment intended to be proposed by him voking Thy help to our efforts. on the table. to the bill S. 3036, supra; which was ordered Give us strength, too—strength in our SA 4872. Mr. ALEXANDER (for himself and to lie on the table. daily tasks, to redouble the contributions we Mr. MARTINEZ) submitted an amendment in- SA 4892. Mr. SANDERS submitted an make in the physical and the material sup- tended to be proposed by him to the bill S. amendment intended to be proposed by him port of our armed forces. 3036, supra; which was ordered to lie on the to the bill S. 3036, supra; which was ordered And let our hearts be stout, to wait out the table. to lie on the table. long travail, to bear sorrows that may come, SA 4873. Mr. CHAMBLISS (for himself and SA 4893. Mr. SANDERS submitted an to impart our courage unto our sons Mr. ROBERTS) submitted an amendment in- amendment intended to be proposed by him wheresoever they may be. tended to be proposed by him to the bill S. to the bill S. 3036, supra; which was ordered And, O Lord, give us faith. Give us faith in 3036, supra; which was ordered to lie on the to lie on the table. Thee; faith in our sons; faith in each other; table. SA 4894. Mr. SANDERS submitted an faith in our united crusade. Let not the SA 4874. Mr. DOMENICI (for himself and amendment intended to be proposed by him keenness of our spirit ever be dulled. Let not Mr. CHAMBLISS) submitted an amendment in- to the bill S. 3036, supra; which was ordered the impacts of temporary events, of tem- tended to be proposed by him to the bill S. to lie on the table. poral matters of but fleeting moment—let 3036, supra; which was ordered to lie on the SA 4895. Mr. SANDERS submitted an not these deter us in our unconquerable pur- table. amendment intended to be proposed by him pose. SA 4875. Mr. DOMENICI (for himself and to the bill S. 3036, supra; which was ordered With Thy blessing, we shall prevail over Mr. CORKER) submitted an amendment in- to lie on the table. the unholy forces of our enemy. Help us to tended to be proposed by him to the bill S. SA 4896. Mr. NELSON of Nebraska sub- conquer the apostles of greed and racial arro- 3036, supra; which was ordered to lie on the mitted an amendment intended to be pro- gances. Lead us to the saving of our country, table. posed by him to the bill S. 3036, supra; which and with our sister nations into a world SA 4876. Mr. DOMENICI submitted an was ordered to lie on the table. unity that will spell a sure peace—a peace amendment intended to be proposed by him SA 4897. Mr. SALAZAR submitted an invulnerable to the schemings of unworthy to the bill S. 3036, supra; which was ordered amendment intended to be proposed by him men. And a peace that will let all of men live to lie on the table. to the bill S. 3036, supra; which was ordered in freedom, reaping the just rewards of their SA 4877. Mr. CASEY (for himself and Mr. to lie on the table. honest toil. WARNER) submitted an amendment intended SA 4898. Mr. SALAZAR submitted an Thy will be done, Almighty God. to be proposed by him to the bill S. 3036, amendment intended to be proposed by him Amen. supra; which was ordered to lie on the table. to the bill S. 3036, supra; which was ordered SA 4878. Mr. ROBERTS (for himself and to lie on the table. Mr. President, I hope the Senate will Mr. CHAMBLISS) submitted an amendment in- SA 4899. Mr. SALAZAR submitted an take up this resolution and make June tended to be proposed by him to the bill S. amendment intended to be proposed by him 6 a national day of prayer for our Na- 3036, supra; which was ordered to lie on the to the bill S. 3036, supra; which was ordered tion. table. to lie on the table. SA 4879. Mr. DOMENICI submitted an SA 4900. Mr. SALAZAR (for himself, Mrs. f amendment intended to be proposed by him DOLE, and Mr. WARNER) submitted an amend- AMENDMENTS SUBMITTED AND to the bill S. 3036, supra; which was ordered ment intended to be proposed by him to the PROPOSED to lie on the table. bill S. 3036, supra; which was ordered to lie SA 4880. Mr. WARNER (for himself, Mr. on the table. SA 4863. Mr. CORKER (for himself, Mr. LIEBERMAN, Mr. CARPER, Mrs. DOLE, and Mr. SA 4901. Mr. SALAZAR (for himself, Mr. SANDERS, Mrs. MCCASKILL, and Mr. STEVENS) COLEMAN) submitted an amendment intended BARRASSO, and Mr. WARNER) submitted an submitted an amendment intended to be pro- to be proposed by him to the bill S. 3036, amendment intended to be proposed by him posed by him to the bill S. 3036, to direct the supra; which was ordered to lie on the table. to the bill S. 3036, supra; which was ordered Administrator of the Environmental Protec- SA 4881. Mr. SPECTER submitted an to lie on the table. tion Agency to establish a program to de- amendment intended to be proposed by him SA 4902. Mr. REID (for Mr. KENNEDY) sub- crease emissions of greenhouse gases, and for to the bill S. 3036, supra; which was ordered mitted an amendment intended to be pro- other purposes; which was ordered to lie on to lie on the table. posed by Mr. REID to the bill S. 3036, supra; the table. SA 4882. Mr. SPECTER (for himself, Mr. which was ordered to lie on the table. SA 4864. Mr. CORKER (for himself, Mr. BROWN, Mr. LEVIN, Ms. KLOBUCHAR, and Ms. SA 4903. Mr. WARNER (for himself, Mr. CRAIG, and Mr. CHAMBLISS) submitted an STABENOW) submitted an amendment in- LIEBERMAN, Mrs. DOLE, and Mrs. BOXER) sub- amendment intended to be proposed by him tended to be proposed by him to the bill S. mitted an amendment intended to be pro- to the bill S. 3036, supra; which was ordered 3036, supra; which was ordered to lie on the posed by him to the bill S. 3036, supra; which to lie on the table. table. was ordered to lie on the table.

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.101 S05JNPT1 smartinez on PROD1PC64 with SENATE S5220 CONGRESSIONAL RECORD — SENATE June 5, 2008 SA 4904. Mr. REED (for himself and Ms. amendment intended to be proposed by him SA 4941. Mr. BOND submitted an amend- COLLINS) submitted an amendment intended to the bill S. 3036, supra; which was ordered ment intended to be proposed by him to the to be proposed by him to the bill S. 3036, to lie on the table. bill S. 3036, supra; which was ordered to lie supra; which was ordered to lie on the table. SA 4922. Mr. MARTINEZ submitted an on the table. SA 4905. Mr. CARPER (for himself and Mr. amendment intended to be proposed by him SA 4942. Mr. BOND submitted an amend- LAUTENBERG) submitted an amendment in- to the bill S. 3036, supra; which was ordered ment intended to be proposed by him to the tended to be proposed to amendment SA 4825 to lie on the table. bill S. 3036, supra; which was ordered to lie proposed by Mrs. BOXER (for herself, Mr. SA 4923. Mr. DODD submitted an amend- on the table. WARNER, and Mr. LIEBERMAN) to the bill S. ment intended to be proposed by him to the SA 4943. Mr. BOND (for himself and Mr. 3036, supra; which was ordered to lie on the bill S. 3036, supra; which was ordered to lie VOINOVICH) submitted an amendment in- table. on the table. tended to be proposed by him to the bill S. SA 4906. Mr. CARPER submitted an amend- SA 4924. Mr. MENENDEZ (for himself and 3036, supra; which was ordered to lie on the ment intended to be proposed by him to the Mr. KERRY) submitted an amendment in- table. bill S. 3036, supra; which was ordered to lie tended to be proposed by him to the bill S. SA 4944. Mr. LEVIN submitted an amend- on the table. 3036, supra; which was ordered to lie on the ment intended to be proposed by him to the SA 4907. Mr. CARPER (for himself, Mr. table. bill S. 3036, supra; which was ordered to lie GREGG, Mrs. FEINSTEIN, Ms. COLLINS, and Mr. SA 4925. Ms. LANDRIEU submitted an on the table. SUNUNU) submitted an amendment intended amendment intended to be proposed by her SA 4945. Mr. LEVIN submitted an amend- to be proposed by him to the bill S. 3036, to the bill S. 3036, supra; which was ordered ment intended to be proposed by him to the supra; which was ordered to lie on the table. to lie on the table. bill S. 3036, supra; which was ordered to lie SA 4908. Mr. CARPER (for himself, Mr. AL- SA 4926. Ms. LANDRIEU submitted an on the table. EXANDER, Mrs. BOXER, Ms. COLLINS, Mr. amendment intended to be proposed by her SA 4946. Mr. LEVIN submitted an amend- BIDEN, Mr. GREGG, Mr. CARDIN, Mr. SUNUNU, to the bill S. 3036, supra; which was ordered ment intended to be proposed by him to the and Mr. LIEBERMAN) submitted an amend- to lie on the table. bill S. 3036, supra; which was ordered to lie ment intended to be proposed by him to the SA 4927. Ms. LANDRIEU submitted an on the table. bill S. 3036, supra; which was ordered to lie amendment intended to be proposed by her SA 4947. Mr. LEVIN submitted an amend- on the table. to the bill S. 3036, supra; which was ordered ment intended to be proposed by him to the SA 4909. Mr. SCHUMER submitted an to lie on the table. bill S. 3036, supra; which was ordered to lie amendment intended to be proposed by him SA 4928. Mr. ROCKEFELLER submitted an on the table. to the bill S. 3036, supra; which was ordered amendment intended to be proposed by him SA 4948. Mr. LEVIN submitted an amend- to lie on the table. to the bill S. 3036, supra; which was ordered ment intended to be proposed by him to the SA 4910. Mr. LAUTENBERG submitted an to lie on the table. bill S. 3036, supra; which was ordered to lie amendment intended to be proposed to SA 4929. Mr. SMITH (for himself, Mr. on the table. amendment SA 4825 proposed by Mrs. BOXER WYDEN, and Mr. WARNER) submitted an SA 4949. Ms. STABENOW (for herself, Mr. (for herself, Mr. WARNER, and Mr. amendment intended to be proposed by him CRAPO, Mr. BROWNBACK, Mr. SALAZAR, Mrs. LIEBERMAN) to the bill S. 3036, supra; which to the bill S. 3036, supra; which was ordered DOLE, Mr. JOHNSON, Mr. CONRAD, Ms. was ordered to lie on the table. to lie on the table. KLOBUCHAR, and Mr. WARNER) submitted an SA 4911. Mr. WHITEHOUSE submitted an SA 4930. Mr. INHOFE submitted an amend- amendment intended to be proposed by her amendment intended to be proposed by him ment intended to be proposed by him to the to the bill S. 3036, supra; which was ordered to the bill S. 3036, supra; which was ordered bill S. 3036, supra; which was ordered to lie to lie on the table. to lie on the table. on the table. SA 4950. Mrs. FEINSTEIN (for herself, Ms. SA 4912. Mr. WHITEHOUSE submitted an SA 4931. Mr. INHOFE (for himself, Mr. SNOWE, Mr. WYDEN, and Ms. CANTWELL) sub- amendment intended to be proposed by him VITTER, Mr. CRAIG, Mr. DEMINT, and Mr. mitted an amendment intended to be pro- to the bill S. 3036, supra; which was ordered CRAPO) submitted an amendment intended to posed by her to the bill S. 3036, supra; which to lie on the table. be proposed by him to the bill S. 3036, supra; was ordered to lie on the table. SA 4913. Mr. SMITH (for himself and Ms. which was ordered to lie on the table. SA 4951. Mrs. FEINSTEIN (for herself, Ms. CANTWELL) submitted an amendment in- SA 4932. Mr. CRAIG (for himself, Mr. SNOWE, and Ms. COLLINS) submitted an tended to be proposed to amendment SA 4825 DOMENICI, Mr. BARRASSO, Mr. ALLARD, and amendment intended to be proposed by her proposed by Mrs. BOXER (for herself, Mr. Mr. CRAPO) submitted an amendment in- to the bill S. 3036, supra; which was ordered WARNER, and Mr. LIEBERMAN) to the bill S. tended to be proposed by him to the bill S. to lie on the table. 3036, supra; which was ordered to lie on the 3036, supra; which was ordered to lie on the SA 4952. Mrs. FEINSTEIN (for herself, Ms. table. table. KLOBUCHAR, Ms. SNOWE, and Mr. WARNER) SA 4914. Mr. ALEXANDER submitted an SA 4933. Mr. CRAIG (for himself and Mr. submitted an amendment intended to be pro- amendment intended to be proposed by him INHOFE) submitted an amendment intended posed by her to the bill S. 3036, supra; which to the bill S. 3036, supra; which was ordered to be proposed by him to the bill S. 3036, was ordered to lie on the table. to lie on the table. supra; which was ordered to lie on the table. SA 4953. Mr. MCCONNELL (for himself and SA 4915. Mr. REID (for Mrs. CLINTON) sub- SA 4934. Mr. CRAIG submitted an amend- Mr. CHAMBLISS) submitted an amendment in- mitted an amendment intended to be pro- ment intended to be proposed by him to the tended to be proposed by him to the bill S. posed by Mr. REID to the bill S. 3036, supra; bill S. 3036, supra; which was ordered to lie 3036, supra; which was ordered to lie on the which was ordered to lie on the table. on the table. table. SA 4916. Mr. WYDEN (for himself, Mr. SA 4935. Mr. CARDIN (for himself, Mr. AL- SA 4954. Mr. JOHNSON (for himself and BINGAMAN, Mr. DOMENICI, Mr. JOHNSON, Mr. EXANDER, and Mr. WARNER) submitted an Mr. CONRAD) submitted an amendment in- THUNE, Mr. SALAZAR, Mr. SMITH, Mr. amendment intended to be proposed by him tended to be proposed by him to the bill S. BARRASSO, Mr. ENZI, Mrs. FEINSTEIN, Mr. to the bill S. 3036, supra; which was ordered 3036, supra; which was ordered to lie on the CRAPO, and Ms. CANTWELL) submitted an to lie on the table. table. amendment intended to be proposed by him SA 4936. Mr. CARDIN (for himself and Ms. SA 4955. Mr. DORGAN (for himself, Mr. to the bill S. 3036, supra; which was ordered MIKULSKI) submitted an amendment in- WARNER, and Mr. SALAZAR) submitted an to lie on the table. tended to be proposed by him to the bill S. amendment intended to be proposed by him SA 4917. Mr. COLEMAN submitted an 3036, supra; which was ordered to lie on the to the bill S. 3036, supra; which was ordered amendment intended to be proposed by him table. to lie on the table. to the bill S. 3036, supra; which was ordered SA 4937. Mr. CARDIN (for himself, Mr. SA 4956. Mr. ENZI (for himself, Mr. BOND, to lie on the table. CARPER, and Mr. WARNER) submitted an Mr. INHOFE , and Mr. VOINOVICH) submitted SA 4918. Mr. COLEMAN submitted an amendment intended to be proposed by him an amendment intended to be proposed by amendment intended to be proposed by him to the bill S. 3036, supra; which was ordered him to the bill S. 3036, supra; which was or- to the bill S. 3036, supra; which was ordered to lie on the table. dered to lie on the table. to lie on the table. SA 4938. Mr. CARDIN (for himself and Mr. SA 4957. Mr. ENZI submitted an amend- SA 4919. Mr. COLEMAN submitted an CARPER) submitted an amendment intended ment intended to be proposed by him to the amendment intended to be proposed by him to be proposed by him to the bill S. 3036, bill S. 3036, supra; which was ordered to lie to the bill S. 3036, supra; which was ordered supra; which was ordered to lie on the table. on the table. to lie on the table. SA 4939. Mr. CARDIN submitted an amend- SA 4958. Mr. VOINOVICH (for himself, Mr. SA 4920. Mr. REID (for Mr. BYRD (for him- ment intended to be proposed by him to the LUGAR, Mr. INHOFE, and Mr. CHAMBLISS) sub- self, Mrs. MURRAY, Mr. DORGAN, Mr. LEAHY, bill S. 3036, supra; which was ordered to lie mitted an amendment intended to be pro- Mr. DURBIN, Mrs. FEINSTEIN, and Ms. MIKUL- on the table. posed by him to the bill S. 3036, supra; which SKI)) submitted an amendment intended to SA 4940. Mr. SMITH (for himself, Mr. was ordered to lie on the table. be proposed by Mr. REID to the bill S. 3036, WYDEN, Ms. CANTWELL, and Mr. WARNER) SA 4959. Mr. VOINOVICH submitted an supra; which was ordered to lie on the table. submitted an amendment intended to be pro- amendment intended to be proposed by him SA 4921. Mr. GRAHAM (for himself, Mr. posed by him to the bill S. 3036, supra; which to the bill S. 3036, supra; which was ordered MCCAIN, and Mr. STEVENS) submitted an was ordered to lie on the table. to lie on the table.

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.073 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5221 SA 4960. Mr. VITTER (for himself and Mr. Beginning on page 112, strike line 3 and all strike ‘‘Change Worker Training and Assist- CRAIG) submitted an amendment intended to that follows through page 116, line 16. ance’’ and insert ‘‘Tax Refund’’. be proposed by him to the bill S. 3036, supra; On page 150, strike lines 15 through 23 and In the left column of the table that appears which was ordered to lie on the table. insert the following: on page 163, before line 1, strike ‘‘2059’’ and SA 4961. Mr. VITTER (for himself, Mr. (3) Increase the quantity of offset allow- insert ‘‘2050’’. CRAIG, and Mr. VOINOVICH) submitted an ances On page 163, lines 4 and 5, strike ‘‘Change amendment intended to be proposed by him Beginning on page 424, strike line 4 and all Worker Training and Assistance’’ and insert to the bill S. 3036, supra; which was ordered that follows through page 425, line 25, and in- ‘‘Tax Refund’’. to lie on the table. sert the following: Beginning on page 163, strike line 6 and all SA 4962. Mr. VITTER submitted an amend- SEC. 1311. SENSE OF SENATE REGARDING EN- that follows through page 164, line 20. ment intended to be proposed by him to the COURAGEMENT OF INTERNATIONAL Beginning on page 164, strike line 21 and bill S. 3036, supra; which was ordered to lie EFFORTS TO REDUCE GREENHOUSE all that follows through page 183, line 3. on the table. GAS EMISSIONS FROM DEFOREST- On page 201, line 22, strike ‘‘Change Con- SA 4963. Mrs. BOXER submitted an amend- ATION. sumer Assistance’’ and insert ‘‘Tax Refund’’. ment intended to be proposed by her to the (a) FINDINGS.—The Senate finds that— On page 202, strike lines 3 and 4 and insert bill S. 3036, supra; which was ordered to lie (1) tropical deforestation accounts for 20 the following: on the table. percent of the global total of human-caused (b) and (c) and in addition to other auctions SA 4964. Mrs. BOXER submitted an amend- greenhouse gas emissions each year; conducted pursuant to this Act, to raise ment intended to be proposed by her to the (2) efforts to greatly reduce global tropical funds for deposit in the Climate Tax Refund bill S. 3036, supra; which was ordered to lie deforestation are important to stabilizing Fund, for each of calendar on the table. global atmospheric greenhouse gases at lev- On page 202, line 11, strike ‘‘Change Con- SA 4965. Mr. BROWN submitted an amend- els that would avoid dangerous anthropo- sumer Assistance’’ and insert ‘‘Tax Refund’’. ment intended to be proposed by him to the genic interference with the climate system; In the heading of the right column of the bill S. 3036, supra; which was ordered to lie (3) the Federal Government supports ef- table contained on page 203, after line 2, on the table. forts to preserve and restore global forest strike ‘‘Change Consumer Assistance’’ and SA 4966. Mr. BROWN (for himself, Ms. ecosystems as part of a coordinated effort to insert ‘‘Tax Refund’’. STABENOW, and Mr. LEVIN) submitted an respond to global warming; On page 204, lines 1 and 2, strike ‘‘Change amendment intended to be proposed by him (4) notwithstanding the desirability of re- Consumer Assistance’’ and insert ‘‘Tax Re- to the bill S. 3036, supra; which was ordered ducing tropical deforestation as part of a fund’’. to lie on the table. global warming program, there remain a On page 204, strike lines 3 through 14 and SA 4967. Mr. BROWN (for himself, Mr. large number of unresolved issues sur- insert the following: rounding the validity of international offsets LEVIN, and Ms. STABENOW) submitted an SEC. 584. USE OF AMOUNTS IN CLIMATE TAX RE- amendment intended to be proposed by him as a means for ensuring actual reductions in FUND FUND. emissions of greenhouse gases; to the bill S. 3036, supra; which was ordered (a) DEFINITIONS.—In this section: (5) the integrity of the emission reductions to lie on the table. (1) QUALIFIED COUPLE.—The term ‘‘qualified SA 4968. Mr. BROWN (for himself and Mr. required under the domestic cap-and-trade couple’’ means a married couple the com- WARNER) submitted an amendment intended program under this Act would be strength- bined annual income of which does not ex- to be proposed by him to the bill S. 3036, ened if international forestry projects were ceed $300,000. not pursued as offsets; and supra; which was ordered to lie on the table. (2) QUALIFIED INDIVIDUAL.—The term SA 4969. Mr. DEMINT submitted an amend- (6) it is desirable to create a global funding ‘‘qualified individual’’ means an individual ment intended to be proposed by him to the stream sufficient to reduce global deforest- the annual income of whom does not exceed bill S. 3036, supra; which was ordered to lie ation rates. $150,000. (b) SENSE OF SENATE.—It is the sense of the on the table. (b) REIMBURSEMENTS.—The Administrator SA 4970. Mr. DEMINT (for himself, Mr. Senate that, in recognition of the impor- shall establish, by regulation, a program INHOFE, and Mr. CRAIG) submitted an amend- tance of international forest protection to under which, for each of calendar years 2012 ment intended to be proposed by him to the stabilizing global climate, Congress should through 2050, the Administrator, in consulta- bill S. 3036, supra; which was ordered to lie develop a mechanism to encourage inter- tion with the Secretary of the Treasury, on the table. national efforts to reduce greenhouse gas shall use amounts deposited in the Climate SA 4971. Mr. DEMINT submitted an amend- emissions from deforestation. Tax Refund Fund for the calendar year to ment intended to be proposed by him to the On page 426, line 10, strike ‘‘sections 1313 provide to qualified couples and qualified in- bill S. 3036, supra; which was ordered to lie and 1314’’ and insert ‘‘section 1313’’. dividuals reimbursement in an amount de- on the table. Beginning on page 430, strike line 1 and all scribed in subsection (c). SA 4972. Mr. DEMINT submitted an amend- that follows through page 437, line 16. (c) AMOUNTS.—For each calendar year de- ment intended to be proposed by him to the scribed in subsection (b), the amount of re- bill S. 3036, supra; which was ordered to lie SA 4864. Mr. CORKER (for himself, imbursement paid to each qualified couple on the table. Mr. CRAIG, and Mr. CHAMBLISS) sub- and each qualified individual shall be deter- SA 4973. Mr. ROBERTS submitted an mitted an amendment intended to be mined proportionately, based on the total amendment intended to be proposed by him proposed by him to the bill S. 3036, to amount in the Climate Tax Refund Fund for to the bill S. 3036, supra; which was ordered direct the Administrator of the Envi- the calendar year. to lie on the table. Beginning on page 204, strike line 22 and SA 4974. Mrs. BOXER submitted an amend- ronmental Protection Agency to estab- lish a program to decrease emissions of all that follows through page 217, line 4, and ment intended to be proposed by her to the insert the following: bill S. 3036, supra; which was ordered to lie greenhouse gases, and for other pur- on the table. poses; which was ordered to lie on the SEC. 601. ASSISTING ENERGY CONSUMERS. (a) AUCTION.— SA 4975. Mrs. BOXER submitted an amend- table; as follows: ment intended to be proposed by her to the (1) FIRST PERIOD.—Not later than 330 days On page 19, between lines 16 and 17, insert bill S. 3036, supra; which was ordered to lie before the beginning of calendar year 2012, the following: on the table. the Administrator shall auction 12.75 percent (11) CLIMATE TAX REFUND FUND.—The term of the quantity of emission allowances estab- f ‘‘Climate Tax Refund Fund’’ means the fund lished pursuant to section 201(a) for that cal- TEXT OF AMENDMENTS established by section 581. endar year. On page 159, strike lines 3 through 18 and (2) SECOND PERIOD.—Not later than 330 days SA 4863. Mr. CORKER (for himself, insert the following: before the beginning of each of calendar Mr. SANDERS, Mrs. MCCASKILL, Mr. The Administrator shall deposit the proceeds years 2013 through 2025, the Administrator STEVENS) submitted an amendment in- from each cost-containment auction in the shall auction 13 percent of the quantity of tended to be proposed by him to the Climate Tax Refund Fund for use in accord- emission allowances established pursuant to bill S. 3036, to direct the Administrator ance with section 584. section 201(a) for that calendar year. of the Environmental Protection Agen- On page 161, lines 11 and 12, strike ‘‘Change (3) THIRD PERIOD.—Not later than 330 days cy to establish a program to decrease Worker Training and Assistance’’ and insert before the beginning of each of calendar emissions of greenhouse gases, and for ‘‘Tax Refund’’. years 2026 through 2050, the Administrator On page 161, line 16, strike ‘‘Change Worker shall auction 13.5 percent of the quantity of other purposes; which was ordered to Training and Assistance’’ and insert ‘‘Tax emission allowances established pursuant to lie on the table; as follows: Refund’’. section 201(a) for that calendar year. On page 25, lines 20 and 21, strike ‘‘sections On page 161, line 24, strike ‘‘Change Worker (b) USE OF PROCEEDS.—The Administrator 1313(a) and 1314(b)’’ and insert ‘‘section Training and Assistance’’ and insert ‘‘Tax shall deposit all proceeds of auctions con- 1313(a)’’. Refund’’. ducted pursuant to subsection (a) in the Cli- On page 78, lines 4 and 5, strike ‘‘inter- In the heading of the right column of the mate Tax Refund Fund, for use in accordance national allowances under section 322 and’’. table contained on page 162, after line 17, with section 584.

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.074 S05JNPT1 smartinez on PROD1PC64 with SENATE S5222 CONGRESSIONAL RECORD — SENATE June 5, 2008 On page 217, strike lines 8 through 16 and istrator shall auction in accordance with SEC. 801. AUCTIONS. insert the following: paragraph (1) the percentage of emission al- (a) FIRST PERIOD.—Not later than 330 days (1) IN GENERAL.—Not later than 330 days lowances specified in the following table: before the beginning of each of calendar before the beginning of each of calendar In the heading of the right column of the years 2012 through 2030, the Administrator years 2012 through 2050, the Administrator table contained on page 241, after line 21, shall auction 6.25 percent of the emission al- shall auction a percentage of the quantity of strike ‘‘State leaders in reducing greenhouse lowances established pursuant to section emission allowances established pursuant to gas emissions and improving energy effi- 201(a) for that calendar year. section 201(a) for the applicable calendar ciency’’ and insert ‘‘auction’’. (b) SECOND PERIOD.—Not later than 330 year, in accordance with the table contained Beginning on page 242, strike line 1 and all days before the beginning of each of calendar in paragraph (2). that follows through page 249, line 9, and in- years 2031 through 2050, the Administrator On page 217, line 19, strike ‘‘allocate to sert the following: shall auction 3.25 percent of the emission al- States described in’’ and insert ‘‘auction (b) USE OF PROCEEDS.—The Administrator lowances established pursuant to section under’’. shall deposit all proceeds of auctions con- 201(a) for that calendar year. In the heading of the right column of the ducted pursuant to this section in the Cli- (c) USE OF PROCEEDS.—The Administrator table contained on page 217, after line 21, mate Tax Refund Fund, for use in accordance shall deposit all proceeds of auctions con- ducted pursuant to this section, immediately strike ‘‘allocation among States relying with section 584. on receipt of those proceeds, in the Climate heavily on manufacturing and on coal’’ and On page 249, strike lines 13 through 24 and Tax Refund Fund, for use in accordance with insert ‘‘auction’’. insert the following: section 584. Beginning on page 218, strike line 1 and all SEC. 621. AUCTION. Beginning on page 292, strike line 22 and (a) IN GENERAL.—Not later than 330 days that follows through page 222, line 4, and in- all that follows through page 302, line 22, and before the beginning of each of calendar sert the following: insert the following: (b) USE OF PROCEEDS.—The Administrator years 2012 through 2050, the Administrator SEC. 901. AUCTIONS. shall deposit all proceeds of auctions con- shall auction a percentage of the quantity of (a) FIRST PERIOD.— ducted pursuant to subsection (a) in the Cli- emission allowances established pursuant to (1) IN GENERAL.—For each of calendar years mate Tax Refund Fund, for use in accordance section 201(a) for the applicable calendar 2012 through 2021, the Administrator shall, in with section 584. year, in accordance with subsection (b). accordance with paragraph (2), auction 1.75 Beginning on page 222, strike line 8 and all (b) PERCENTAGES FOR ALLOCATION.—For percent of the quantity of emission allow- that follows through page 223, line 11, and in- each of calendar years 2012 through 2050, the ances established pursuant to section 201(a) sert the following: Administrator shall auction in accordance for the calendar year. SEC. 611. MASS TRANSIT. with subsection (a) the per- UMBER; FREQUENCY.—For each cal- In the heading of the right column of the (2) N (a) AUCTION OF ALLOWANCES.—In accord- endar year during the period described in table contained on page 250, after line 2, in- ance with subsections (b) and (c), for each of paragraph (1), the Administrator shall— calendar years 2012 through 2050, the Admin- sert ‘‘auction to’’ after ‘‘Percentage for’’. Beginning on page 250, strike line 3 and all (A) conduct not fewer than 4 auctions; and istrator shall auction a quantity of the emis- (B) schedule the auctions in a manner to sion allowances established pursuant to sec- that follows through page 267, line 11, and in- sert the following: ensure that— tion 201(a) for each calendar year. (i) each auction takes place during the pe- (b) NUMBER; FREQUENCY.—For each cal- SEC. 622. USE OF PROCEEDS. riod beginning 330 days before, and ending 60 The Administrator shall deposit all pro- endar year during the period described in days before, the beginning of each calendar subsection (a), the Administrator shall— ceeds of auctions conducted pursuant to this year; and (1) conduct not fewer than 4 auctions; and subtitle, immediately on receipt of those (ii) the interval between each auction is of (2) schedule the auctions in a manner to proceeds, in the Climate Tax Refund Fund, equal duration. ensure that— for use in accordance with section 584. (b) SECOND PERIOD.— (A) each auction takes place during the pe- Beginning on page 267, strike line 16 and (1) IN GENERAL.—For each of calendar years riod beginning 330 days before, and ending 60 all that follows through page 268, line 19, and 2022 through 2030, the Administrator shall, in days before, the beginning of each calendar insert the following: accordance with paragraph (2), auction 2 per- year; and SEC. 631. AUCTIONS. cent of the quantity of emission allowances (B) the interval between each auction is of (a) AUCTIONS.— established pursuant to section 201(a) for the equal duration. (1) IN GENERAL.—In accordance with para- calendar year. (c) QUANTITIES OF EMISSION ALLOWANCES graph (2) and subsection (b), for each of cal- (2) NUMBER; FREQUENCY.—For each cal- AUCTIONED.—For each calendar year of the endar years 2012 through 2050, the Adminis- endar year during the period described in period described in subsection (a), the Ad- trator shall auction a percentage of emission paragraph (1), the Administrator shall— ministrator shall auction a quantity of emis- allowances established for the calendar year (A) conduct not fewer than 4 auctions; and sion allowances in accordance with the ap- pursuant to section 201(a) to raise funds for (B) schedule the auctions in a manner to plicable percentages described in the fol- deposit in the Climate Tax Refund Fund. ensure that— lowing table: (2) NUMBER; FREQUENCY.—For each cal- (i) each auction takes place during the pe- Beginning on page 224, strike line 1 and all endar year during the period described in riod beginning 330 days before, and ending 60 that follows through page 228, line 25, and in- paragraph (1), the Administrator shall— days before, the beginning of each calendar sert the following: (A) conduct not fewer than 4 auctions; and year; and (d) USE OF PROCEEDS.—The Administrator (B) schedule the auctions in a manner to (ii) the interval between each auction is of shall deposit all proceeds of auctions con- ensure that— equal duration. ducted pursuant to this section, immediately (i) each auction takes place during the pe- (c) THIRD PERIOD.— on receipt of those proceeds, in the Climate riod beginning 330 days before, and ending 60 (1) IN GENERAL.—For each of calendar years Tax Refund Fund, for use in accordance with days before, the beginning of each calendar 2031 through 2050, the Administrator shall, in section 584. year; and accordance with paragraph (2), auction 1 per- On page 240, strike lines 5 through 17 and (ii) the interval between each auction is of cent of the quantity of emission allowances insert the following: equal duration. established pursuant to section 201(a) for the (a) IN GENERAL.—In accordance with sub- (b) QUANTITIES OF EMISSION ALLOWANCES calendar year. section (b), for each of calendar years 2012 AUCTIONED.—For each calendar year of the (2) NUMBER; FREQUENCY.—For each cal- through 2050, the Administrator shall— period described in subsection (a)(1), the Ad- endar year during the period described in (1) auction 2 percent of the emission allow- ministrator shall auction a quantity of emis- paragraph (1), the Administrator shall— ances established pursuant to section 201(a) sion allowances in accordance with the ap- (A) conduct not fewer than 4 auctions; and for the calendar year; and plicable percentages described in the fol- (B) schedule the auctions in a manner to (2) immediately on completion of an auc- lowing table: ensure that— tion, deposit the proceeds of the auction in In the heading of the right column of the (i) each auction takes place during the pe- the Climate Tax Refund Fund, for use in ac- table contained on page 268, after line 19, riod beginning 330 days before, and ending 60 cordance with section 584. strike ‘‘for Fund’’. days before, the beginning of each calendar On page 241, strike lines 6 through 21 and Beginning on page 269, strike line 1 and all year; and insert the following: that follows through page 279, line 14, and in- (ii) the interval between each auction is of (a) AUCTION.— sert the following: equal duration. (1) IN GENERAL.—Not later than 330 days (c) USE OF PROCEEDS.—The Administrator (d) USE OF PROCEEDS.—The Administrator before the beginning of each of calendar shall deposit all proceeds of auctions con- shall deposit all proceeds of auctions con- years 2012 through 2050, the Administrator ducted pursuant to this section, immediately ducted pursuant to this section, immediately shall auction a percentage of the quantity of on receipt of those proceeds, in the Climate on receipt of those proceeds, in the Climate emission allowances established pursuant to Tax Refund Fund, for use in accordance with Tax Refund Fund, for use in accordance with section 201(a) for the applicable calendar section 584. section 584. year, in accordance with paragraph (2). Beginning on page 283, strike line 14 and Beginning on page 303, strike line 2 and all (2) PERCENTAGES FOR AUCTION.—For each of all that follows through page 292, line 16, and that follows through page 304, line 7, and in- calendar years 2012 through 2050, the Admin- insert the following: sert the following:

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.088 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5223 SEC. 911. AUCTIONS. Beginning on page 338, strike line 7 and all endar years 2012 through 2050, the Adminis- (a) IN GENERAL.—For each of calendar that follows through page 340, line 21, and in- trator shall auction a certain percentage of years 2012 through 2050, the Administrator sert the following: the emission allowances established pursu- shall, in accordance with subsection (b), auc- SEC. 1121. AUCTIONS. ant to section 201(a) for the calendar year. tion 0.25 percent of the quantity of emission (a) AUCTIONS.— (2) NUMBER; FREQUENCY.—For each cal- allowances established pursuant to section (1) FIRST PERIOD.—Not later than 330 days endar year during the period described in 201(a) for the calendar year. before the beginning of each of calendar paragraph (1), the Administrator shall— (b) NUMBER; FREQUENCY.—For each cal- years 2012 and 2013, the Administrator shall (A) conduct not fewer than 4 auctions; and endar year during the period described in auction 1 percent of the emission allowances (B) schedule the auctions in a manner to subsection (a), the Administrator shall— established pursuant to section 201(a) for ensure that— (1) conduct not fewer than 4 auctions; and that calendar year. (i) each auction takes place during the pe- (2) schedule the auctions in a manner to (2) SECOND PERIOD.—Not later than 330 days riod beginning 330 days before, and ending 60 ensure that— before the beginning of each of calendar days before, the beginning of each calendar (A) each auction takes place during the pe- years 2014 through 2017, the Administrator year; and riod beginning 330 days before, and ending 60 shall auction 0.75 percent of the emission al- (ii) the interval between each auction is of days before, the beginning of each calendar lowances established pursuant to section equal duration. year; and 201(a) for that calendar year. (3) USE OF PROCEEDS.—The Administrator (B) the interval between each auction is of (3) THIRD PERIOD.—Not later than 330 days shall deposit all proceeds of auctions con- equal duration. before the beginning of each of calendar ducted pursuant to this subsection, imme- (c) USE OF PROCEEDS.—The Administrator years 2018 through 2030, the Administrator diately on receipt of those proceeds, in the shall deposit all proceeds of auctions con- shall auction 1 percent of the emission allow- Climate Tax Refund Fund, for use in accord- ducted pursuant to this section, immediately ances established pursuant to section 201(a) ance with section 584. on receipt of those proceeds, in the Climate for that calendar year. (b) PERCENTAGE FOR AUCTION.—For each of Tax Refund Fund, for use in accordance with (b) USE OF PROCEEDS.—The Administrator calendar years 2012 through 2050, the Admin- section 584. shall deposit all proceeds of auctions con- istrator shall auction in accordance with Beginning on page 304, strike line 11 and ducted pursuant to this section, immediately subsection (a) the percentage of emission al- all that follows through page 307, line 9, and on receipt of those proceeds, in the Climate lowances specified in the following table: insert the following: Tax Refund Fund, for use in accordance with In the heading of the right column of the SEC. 1001. AUCTIONS. section 584. table contained on page 443, after line 16, (a) IN GENERAL.—Not later than 120 days Beginning on page 352, strike line 21 and strike ‘‘for Fund’’. after the date of enactment of this Act, and all that follows through page 354, line 9, and Beginning on page 444, strike line 1 and all annually thereafter through 2022, the Admin- insert the following: that follows through page 456, line 23. Beginning on page 457, strike line 1 and all istrator shall auction 1 percent of the quan- SEC. 1201. AUCTIONS. that follows through page 458, line 5, and in- tity of emission allowances established pur- (a) AUCTIONS.— sert the following: suant to section 201(a) for the calendar year (1) IN GENERAL.—In accordance with sub- that occurs 3 years after the calendar year sections (b) and (c), for each of calendar TITLE XIV—ADDITIONAL AUCTIONS FOR during which the auction is conducted. years 2012 through 2050, the Administrator CLIMATE TAX REFUND FUND (b) USE OF PROCEEDS.—The Administrator shall auction a quantity of the emission al- SEC. 1401. ADDITIONAL AUCTIONS. shall deposit all proceeds of auctions con- lowances established pursuant to section (a) IN GENERAL.—For each of calendar ducted pursuant to this section, immediately 201(a) for each calendar year. years 2012 through 2050, the Administrator on receipt of those proceeds, in the Climate (2) USE OF PROCEEDS.—The Administrator shall auction, in accordance with subsections Tax Refund Fund, for use in accordance with shall deposit all proceeds of auctions con- (b) and (c), a certain percentage of the emis- section 584. ducted pursuant to this section, immediately sion allowances established pursuant to sec- Beginning on page 330, strike line 8 and all on receipt of those proceeds, in the Climate tion 201(a) for the calendar year to raise that follows through page 332, line 9, and in- Tax Refund Fund, for use in accordance with funds for deposit in the Climate Tax Refund sert the following: section 584. Fund. SEC. 1101. AUCTIONS. In the heading of the right column of the (b) NUMBER; FREQUENCY.—For each cal- (a) IN GENERAL.—Not later than 2 years table contained on page 355, after line 2, endar year during the period described in after the date of enactment of this Act, the strike ‘‘for funds’’. subsection (a), the Administrator shall— Administrator shall auction 0.5 percent of Beginning on page 356, strike line 1 and all (1) conduct not fewer than 4 auctions; and the quantity of emission allowances estab- that follows through page 381, line 9. (2) schedule the auctions in a manner to lished pursuant to section 201(a) for calendar Beginning on page 438, strike line 6 and all ensure that— years 2012 through 2017. that follows through page 442, line 2, and in- (A) each auction takes place during the pe- (b) USE OF PROCEEDS.—The Administrator sert the following: riod beginning 330 days before, and ending 60 shall deposit all proceeds of auctions con- SEC. 1321. AUCTIONS. days before, the beginning of each calendar ducted pursuant to this section, immediately (a) AUCTIONS.— year; and on receipt of those proceeds, in the Climate (1) IN GENERAL.—In accordance with para- (B) the interval between each auction is of Tax Refund Fund, for use in accordance with graph (2), for each of calendar years 2012 equal duration. section 584. through 2017, the Administrator shall auc- (c) QUANTITIES OF EMISSION ALLOWANCES Beginning on page 332, strike line 12 and tion 0.5 percent of the emission allowances AUCTIONED.—For each of calendar years 2012 all that follows through page 338, line 5, and established pursuant to section 201(a) for the through 2050, the quantity of emission allow- insert the following: calendar year. ances auctioned pursuant to subsection (a) SEC. 1111. AUCTIONS. (2) NUMBER; FREQUENCY.—For each cal- shall be the quantity represented by the per- (a) IN GENERAL.—For each of calendar endar year during the period described in centages specified in the following table: years 2012 through 2050, the Administrator paragraph (1), the Administrator shall— In the heading of the right column of the shall, in accordance with subsection (b), auc- (A) conduct not fewer than 4 auctions; and table contained on page 458, after line 5, tion 1 percent of the quantity of emission al- (B) schedule the auctions in a manner to strike ‘‘Deficit Reduction’’ and insert ‘‘Cli- lowances established pursuant to section ensure that— mate Tax Refund’’. 201(a) for the calendar year. (i) each auction takes place during the pe- On page 459, strike lines 1 through 7 and in- (b) NUMBER; FREQUENCY.—For each cal- riod beginning 330 days before, and ending 60 sert the following: endar year during the period described in days before, the beginning of each calendar (d) USE OF PROCEEDS.—The Administrator subsection (a), the Administrator shall— year; and shall deposit all proceeds of auctions con- (1) conduct not fewer than 4 auctions; and (ii) the interval between each auction is of ducted pursuant to this section, immediately (2) schedule the auctions in a manner to equal duration. on receipt of those proceeds, in the Climate ensure that— (b) USE OF PROCEEDS.—The Administrator Tax Refund Fund, for use in accordance with (A) each auction takes place during the pe- shall deposit all proceeds of auctions con- section 584. Beginning on page 478, strike line 19 and riod beginning 330 days before, and ending 60 ducted pursuant to this section, immediately all that follows through page 481, line 3, and days before, the beginning of each calendar on receipt of those proceeds, in the Climate insert the following: year; and Tax Refund Fund, for use in accordance with (B) the interval between each auction is of section 584. Subtitle A—Additional Auctions for Climate equal duration. Beginning on page 442, strike line 7 and all Tax Refund Fund (c) USE OF PROCEEDS.—The Administrator that follows through page 443, line 16, and in- SEC. 1701. AUCTIONS. shall deposit all proceeds of auctions con- sert the following: (a) FIRST PERIOD.—Not later than 120 days ducted pursuant to this section, immediately SEC. 1331. AUCTION. after the date of enactment of this Act, and on receipt of those proceeds, in the Climate (a) AUCTIONS.— annually thereafter through 2027, the Admin- Tax Refund Fund, for use in accordance with (1) IN GENERAL.—In accordance with para- istrator shall auction, to raise funds for de- section 584. graph (2) and subsection (b), for each of cal- posit in the Climate Tax Refund Fund, 0.75

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percent of the quantity of emission allow- Percentage Percentage ances established pursuant to section 201(a) Calendar year for auction for auction for the calendar year that is 3 years after the for Fund Calendar year for Climate calendar year during which the auction is Change Work- conducted. 2030 ...... 4 force Edu- (b) SECOND PERIOD.— 2031 ...... 6 cation Fund (1) IN GENERAL.—For each of calendar years 2032 ...... 6 2031 through 2050, the Administrator shall 2033 ...... 6 2025 ...... 2 auction, in accordance with paragraph (2), 1 2034 ...... 6 2026 ...... 2 percent of the quantity of emission allow- 2035 ...... 6 2027 ...... 2 ances established pursuant to section 201(a) 2036 ...... 6 2028 ...... 3 for the calendar year, to raise funds for de- 2037 ...... 6 2029 ...... 3 posit in the Climate Tax Refund Fund. 2038 ...... 6 2030 ...... 3 (2) NUMBER; FREQUENCY.—For each cal- 2039 ...... 7 2031 ...... 4 endar year during the period described in 2040 ...... 7 2032 ...... 4 paragraph (1), the Administrator shall— 2041 ...... 7 2033 ...... 4 (A) conduct not fewer than 4 auctions; and 2042 ...... 7 2034 ...... 4 (B) schedule the auctions in a manner to 2043 ...... 7 2035 ...... 4 ensure that— 2044 ...... 7 2036 ...... 4 (i) each auction takes place during the pe- 2045 ...... 7 2037 ...... 4 riod beginning 330 days before, and ending 60 2046 ...... 7 2038 ...... 4 days before, the beginning of the calendar 2047 ...... 7 2039 ...... 3 year; and 2048 ...... 7 2040 ...... 3 (ii) the interval between each auction is of 2049 ...... 7 2041 ...... 3 equal duration. 2050 ...... 7 . 2042 ...... 3 (c) USE OF PROCEEDS.—The Administrator 2043 ...... 3 shall deposit all proceeds of auctions con- 2044 ...... 3 ducted pursuant to this section, immediately SA 4866. Mrs. MURRAY (for herself 2045 ...... 3 on receipt of those proceeds, in the Climate and Ms. SNOWE) submitted an amend- 2046 ...... 3 Tax Refund Fund, for use in accordance with ment intended to be proposed by her to 2047 ...... 3 section 584. the bill S. 3036, to direct the Adminis- 2048 ...... 3 trator of the Environmental Protection 2049 ...... 3 2050 ...... 3 . SA 4865. Mr. MENENDEZ (for him- Agency to establish a program to de- self, Ms. SNOWE, and Mr. DURBIN) sub- crease emissions of greenhouse gases, (c) DEPOSITS.—Immediately upon receipt of mitted an amendment intended to be and for other purposes; which was or- proceeds from auctions conducted under sub- proposed by him to the bill S. 3036, to dered to lie on the table; as follows: section (b), the Administrator shall deposit direct the Administrator of the Envi- On page 161, between lines 8 and 9, insert all of the proceeds into the Climate Change ronmental Protection Agency to estab- the following: Workforce Education Fund. (d) USE OF FUNDS.— lish a program to decrease emissions of PART I—CLIMATE CHANGE WORKER (1) DEFINITION OF CLIMATE CHANGE EDU- greenhouse gases, and for other pur- TRAINING AND ASSISTANCE poses; which was ordered to lie on the CATION.—In this subsection, the term ‘‘cli- On page 181, line 14, insert ‘‘and’’ at the mate change education’’ means formal and table; as follows: end. informal learning at all levels about the rel- On page 196, line 21, strike ‘‘2 percent’’ and On page 181, strike lines 17 through 19 and evant relationships between dynamic envi- insert ‘‘1.5 percent’’. insert ‘‘ties.’’ ronmental and human systems exemplified On page 198, between lines 16 and 17, insert On page 183, between lines 3 and 4, insert by climate change. the following: the following: (2) USE OF FUNDS.—Subject to the avail- (c) LIMITATION.—No emission allowance PART II—WORKFORCE EDUCATION ability of appropriations, funds made avail- shall be distributed to an owner or operator SEC. 538. CLIMATE CHANGE WORKFORCE EDU- able annually under this section shall be al- of an entity described in section 561(a) under CATION FUND. located to relevant Federal agencies to im- this subtitle if the owner or operator, or the (a) ESTABLISHMENT.—There is established plement climate change education and re- parent company of the owner or operator, in the Treasury of the United States a fund lated grantmaking programs, with a priority has total annual revenue that is equal to or to be known as the ‘‘Climate Change Work- on funding programs authorized by Congress greater than— force Education Fund’’. at the maximum authorization. (1) in the case of calendar year 2012, (b) AUCTIONS.—Annually over the course of Strike the table on page 458, following line $100,000,000,000; and at least 4 auctions spaced evenly over a pe- 5, and insert the following: (2) in the case of each subsequent calendar riod beginning 330 days before, and ending 60 year, $100,000,000,000, as adjusted to reflect days before, the beginning of each of cal- Percentage the annual rate of United States dollar infla- endar years 2012 through 2050, the Adminis- for auction tion for the calendar year (as measured by trator shall, for the purpose of raising funds Calendar year for Deficit the Consumer Price Index) since calendar to deposit in the Climate Change Workforce Reduction year 2012. Education Fund, auction a quantity of emis- Fund On page 443, after line 16, strike the table sion allowances established for that year and insert the following: pursuant to section 201(a) in accordance with 2012 ...... 4 .75 the applicable percentages described in the 2013 ...... 4 .75 Percentage following table: 2014 ...... 4 .75 Calendar year for auction 2015 ...... 5 .50 for Fund 2016 ...... 5 .75 Percentage 2017 ...... 5 .75 for auction 2018 ...... 5 .25 2012 ...... 1 .5 for Climate 2013 ...... 1 .5 Calendar year Change Work- 2019 ...... 5 2014 ...... 1 .75 force Edu- 2020 ...... 6 2015 ...... 1 .75 cation Fund 2021 ...... 7 .5 2016 ...... 1 .75 2022 ...... 6.75 2017 ...... 1 .75 2012 ...... 1 2023 ...... 7 .75 2018 ...... 2 2013 ...... 1 2024 ...... 8 .75 2019 ...... 2 2014 ...... 1 2025 ...... 8 .75 2020 ...... 2 2015 ...... 1 2026 ...... 10 .75 2021 ...... 2 2016 ...... 1 2027 ...... 10 .75 2022 ...... 3 2017 ...... 1 2028 ...... 9 .75 2023 ...... 3 2018 ...... 2 2029 ...... 10 .75 2024 ...... 3 2019 ...... 2 2030 ...... 10 .75 2025 ...... 3 2020 ...... 2 2031 ...... 15 .75 2026 ...... 4 2021 ...... 2 2032 ...... 13 .75 2027 ...... 4 2022 ...... 2 2033 ...... 13 .75 2028 ...... 4 2023 ...... 2 2034 ...... 12 .75 2029 ...... 4 2024 ...... 2 2035 ...... 12 .75

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Percentage Sec. —152. Development of new measure- nology;’’ in paragraph (3), as redesignated, for auction ment technologies. and inserting ‘‘National Science and Tech- Calendar year for Deficit Sec. —153. Enhanced environmental meas- nology Council established by Executive Reduction urements and standards. Order 12881, November 23, 1993.’’; Fund Sec. —154. Technology development and dif- (5) by striking paragraph (4), as redesig- fusion. nated, and inserting the following: 2036 ...... 12 .75 Sec. —155. Authorization of appropriations. ‘‘(4) GLOBAL CHANGE.—The term ‘global 2037 ...... 12 .75 SUBTITLE E—ABRUPT CLIMATE CHANGE change’ means human-induced or natural 2038 ...... 12 .75 changes in the global environment (includ- Sec. —161. Abrupt climate change research 2039 ...... 13 .75 ing climate change and other phenomena af- program. 2040 ...... 13 .75 fecting land productivity, oceans and coastal Sec. —162. Purposes of program. 2041 ...... 13 .75 areas, freshwater resources, atmospheric Sec. —163. Abrupt climate change defined. 2042 ...... 13 .75 chemistry, biodiversity, and ecological sys- Sec. —164. Authorization of appropriations. 2043 ...... 13 .75 tems) that may alter the capacity of Earth 2044 ...... 13 .75 TITLE II—CLIMATE CHANGE to sustain life.’’; and 2045 ...... 13 .75 ADAPTATION (6) by striking ‘‘National Global Change 2046 ...... 13 .75 Sec. —201 Short title. Research Plan’’ in paragraph (5) and insert- 2047 ...... 13 .75 Sec. —202. Amendment of National Climate ing ‘‘National Global Change Research and 2048 ...... 13 .75 Program Act. Assessment Plan’’. 2049 ...... 13 .75 Sec. —203. Definitions. (b) STYLISTIC CONFORMITY.—Section 2 (15 2050 ...... 13 .75. Sec. —204. National climate program ele- U.S.C. 2921) is further amended— ments. (1) by striking ‘‘As used in this Act, the SA 4867. Mr. KERRY (for himself, Ms. Sec. —205. National climate strategy. term—’’ and inserting ‘‘In this Act:’’; Sec. —206. Coastal and ocean adaptation (2) by inserting after the designation of SNOWE, Mr. INOUYE, Mr. STEVENS, Mr. grants. paragraphs (2), (3), (5), (6), and (7), as redesig- LAUTENBERG, Ms. CANTWELL, Mr. CAR- Sec. —207. Authorization of appropriations. nated— PER, Mr. NELSON of Florida, Mr. ROCKE- TITLE III—OCEAN ACIDIFICATION (A) a heading, in a form consistent with FELLER, Ms. KLOBUCHAR, Mr. DURBIN, the form of the heading of this subsection, Sec. —301. Short title; table of contents. and Mr. WARNER) submitted an amend- consisting of the term defined by such para- Sec. —302. Purposes. graph; and ment intended to be proposed to Sec. —303. Interagency committee on ocean (B) ‘‘The term’’; and amendment SA 4825 proposed by Mrs. acidification. (3) by striking the semicolon at the end of BOXER (for herself, Mr. WARNER, and Sec. —304. Strategic research and implemen- paragraphs (2), (3), and (5), as redesignated, Mr. LIEBERMAN) to the bill S. 3036, to tation plan. and inserting a period; and Sec. —305. NOAA ocean acidification pro- direct the Administrator of the Envi- (4) by striking ‘‘thereof; and’’ in paragraph gram. ronmental Protection Agency to estab- (6), as redesignated, and inserting ‘‘thereof.’’. lish a program to decrease emissions of Sec. —306. Definitions. Sec. —307. Authorization of appropriations. SEC. —114. CHANGE IN COMMITTEE NAME AND greenhouse gases, and for other pur- STRUCTURE. poses; which was ordered to lie on the TITLE I—GLOBAL CHANGE RESEARCH Section 102 (15 U.S.C. 2932) is amended— table; as follows: IMPROVEMENT (1) by striking ‘‘EARTH AND ENVIRON- At the appropriate place, insert the fol- SEC. —101. SHORT TITLE. MENTAL SCIENCES.’’ in the section heading lowing: This title may be cited as the ‘‘Global and inserting ‘‘GLOBAL CHANGE RESEARCH.’’; Change Research Improvement Act of 2008’’. (2) by striking ‘‘Earth and Environmental DIVISION —CLIMATE CHANGE Sciences.’’ in subsection (a) and inserting RESEARCH SUBTITLE A—GLOBAL CHANGE RESEARCH ‘‘Global Change Research.’’; SEC. —000. TABLE OF CONTENTS (3) by striking ‘‘under section 401 of the The table of contents for this division is as SEC. —111. AMENDMENT OF GLOBAL CHANGE RE- National Science and Technology Policy, Or- SEARCH ACT OF 1990. follows: ganization, and Priorities Act of 1976 (42 Except as otherwise expressly provided, U.S.C. 6651)’’ in subsection (a); Sec. —000. Table of contents. whenever in this subtitle an amendment or (4) by redesignating paragraphs (14) and TITLE I—GLOBAL CHANGE RESEARCH repeal is expressed in terms of an amend- (15) of subsection (b) as paragraphs (15) and IMPROVEMENT ment to, or repeal of, a section or other pro- (16), respectively, and inserting after para- vision, the reference shall be considered to SUBTITLE A—GLOBAL CHANGE graph (13) the following: be made to a section or other provision of RESEARCH ‘‘(14) the National Institute of Standards the Global Change Research Act of 1990 (15 Sec. —111. Amendment of Global Change Re- and Technology of the Department of Com- U.S.C. 2921 et seq.). search Act of 1990. merce;’’; Sec. —112. Changes to findings and purpose. SEC. —112. CHANGES TO FINDINGS AND PUR- (5) by striking the last sentence of sub- Sec. —113. Changes in definitions. POSE. section (b) and inserting ‘‘The representa- Sec. —114. Change in committee name and Section 101 (15 U.S.C. 2931) is amended to tives shall be the Deputy Secretary or the structure. read as follows: Deputy Secretary’s designee (or, in the case Sec. —115. Change in National Global ‘‘SEC. 101. PURPOSE. of an agency other than a department, the Change Research Plan. ‘‘The purpose of this title is to provide for deputy head of that agency or the deputy’s Sec. —116. Integrated Program Office. the continuation and coordination of a com- designee).’’; Sec. —117. Budget coordination. prehensive and integrated United States ob- (6) by striking subsection (d) and inserting Sec. —118. Research grants. servation, research, assessment, and out- the following: Sec. —119. Evaluation of information. reach program which will assist the Nation ‘‘(d) SUBCOMMITTEES AND WORKING Sec. —120. Repeal of obsolete provision. and the world to better understand, assess, GROUPS.—The Committee may establish such Sec. —121. Scientific communications. predict, mitigate, and adapt to the effects of additional subcommittees and working Sec. —122. Aging workforce issues program. human-induced and natural processes of groups to carry out its work as it sees fit.’’; Sec. —123. Authorization of appropriations. global change.’’. and SUBTITLE B—NATIONAL CLIMATE SEC. —113. CHANGES IN DEFINITIONS. (7) by striking ‘‘and’’ after the semicolon SERVICE (a) IN GENERAL.—Section 2 (15 U.S.C. 2921) in subsection (e)(6); and Sec. —131. Amendment of National Climate is amended— (8) by redesignating paragraph (7) of sub- Program Act. (1) by redesignating paragraphs (1) through section (e) as paragraph (8) and inserting Sec. —132. Short title; table of contents. (6) as paragraphs (2) through (7), respec- after paragraph (6) the following: Sec. —133. Purpose. tively; ‘‘(7) work with appropriate Federal, State, Sec. —134. Definitions. (2) by inserting before paragraph (2), as re- regional, and local authorities to ensure that Sec. —135. National Climate Service. designated, the following: the Program is designed to produce informa- Sec. —136. Reauthorization. ‘‘(1) CLIMATE CHANGE.—The term ‘climate tion needed to develop policies to reduce the SUBTITLE C—TECHNOLOGY change’ means any change in climate over impacts of global change; and’’. ASSESSMENT time, whether due to natural variability or SEC. —115. CHANGE IN NATIONAL GLOBAL as a result of human activity.’’; CHANGE RESEARCH PLAN. Sec. —141. National Science and Technology (3) by striking ‘‘Earth and Environmental Section 104 (15 U.S.C. 2934) is amended— Assessment Service. Sciences’’ in paragraph (2), as redesignated (1) by striking the section heading and in- SUBTITLE D—CLIMATE CHANGE and inserting ‘‘Global Change Research’’; serting the following: TECHNOLOGY (4) by striking ‘‘Federal Coordinating ‘‘SEC. 104. NATIONAL GLOBAL CHANGE RE- Sec. —151. NIST greenhouse gas functions. Council on Science, Engineering, and Tech- SEARCH AND ASSESSMENT PLAN.’’ ;

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.075 S05JNPT1 smartinez on PROD1PC64 with SENATE S5226 CONGRESSIONAL RECORD — SENATE June 5, 2008 (2) by redesignating subsections (a) mate impacts at local and regional levels, agreement with the National Research Coun- through (f) as subsections (b) through (g), re- and propose measures to address such gaps; cil— spectively, and inserting before subsection ‘‘(11) describe specific activities designed ‘‘(A) to examine existing research, poten- (b), as redesignated, the following: to facilitate outreach and data and informa- tial risks (including adverse impacts to the ‘‘(a) STRATEGIC PLAN; REVISED IMPLEMEN- tion exchange with regional, State, and local marine environment), and the effectiveness TATION PLAN.—The Chairman of the Council, governments and other user communities; of ocean iron fertilization or other coastal through the Committee, shall develop a stra- ‘‘(12) identify and describe ecosystems and and ocean carbon sequestration technologies; tegic plan for the United States Global Cli- geographic regions of the United States that and mate Change Research Program for the 10- are likely to experience similar impacts of ‘‘(B) to identify domestic and international year period beginning in 2009 and submit the global change or are likely to share similar regulatory mechanisms and regulatory gaps plan to the Congress within 1 year after the vulnerabilities to global change; and for controlling the deployment of such tech- date of enactment of the Global Change Re- ‘‘(13) include such additional matter as the nologies and provide recommendations for search Improvement Act of 2008. The stra- Committee deems appropriate.’’; addressing such regulatory gaps.’’. tegic plan shall include a detailed plan for (11) by striking paragraphs (1) and (2) of SEC. —116. INTEGRATED PROGRAM OFFICE. research, assessment, information manage- subsection (d), as redesignated, and inserting Section 105 (15 U.S.C. 2935) is amended— ment, public participation, outreach, and the following: (1) by redesignating subsections (a), (b), budget and shall be updated at least once ‘‘(1) Global and regional research and and (c) as subsections (b), (c), and (d), respec- every 5 years.’’; measurements to understand the nature of tively; and (3) by inserting ‘‘and Assessment’’ after and interaction among physical, chemical, (2) by inserting before subsection (b), as re- ‘‘Research’’ in subsection (b), as redesig- biological, land use, and social processes re- designated, the following: nated; sponsible for changes in the Earth system on ‘‘(a) GLOBAL CHANGE RESEARCH COORDINA- (4) by striking ‘‘research.’’ in subsection all relevant spatial and time scales. TION OFFICE.— (b), as redesignated, and inserting ‘‘research ‘‘(2) Development of indicators, baseline ‘‘(1) IN GENERAL.—The President shall es- and assessment.’’; databases, and ongoing monitoring to docu- tablish a Global Change Research Coordina- (5) by striking ‘‘this title,’’ in subsection ment global change, including changes in tion Office. The Office shall have a director, (b), as redesignated, and inserting ‘‘the Glob- species distribution and behavior, changes in who shall be a senior scientist or other quali- al Change Research Improvement Act of oceanic and atmospheric chemistry, extent fied professional with research expertise in 2008,’’; of ice sheets, glaciers, and snow cover, shifts climate change science, as well as experience (6) by inserting ‘‘short-term and long- in water distribution and abundance, and in policymaking, planning, or resource man- term’’ before ‘‘goals’’ in paragraph (1) of sub- changes in sea level.’’; agement, and a fulltime staff. The Office section (c), as redesignated; (12) by adding at the end of subsection (d), shall— (7) by striking ‘‘usable information on as redesignated, the following: ‘‘(A) manage, in conjunction with the Com- which to base policy decisions related to’’ in ‘‘(6) Address emerging priorities for cli- mittee, interagency coordination and pro- paragraph (1) of subsection (c), as redesig- mate change science, such as ice sheet melt gram integration of global change research nated, and inserting ‘‘information relevant and movement, the relationship between cli- activities and budget requests; and readily usable by local, State, and Fed- mate change and hurricane and typhoon de- ‘‘(B) ensure that the activities and pro- eral decisionmakers, as well as other end- velopment, including intensity, track, and grams of each Federal agency or department users, for the formulation of effective deci- frequency, decreasing water levels in the participating in the Program address the sions and strategies for measuring, pre- Great Lakes, and droughts in the western goals and objectives identified in the stra- dicting, mitigating, and adapting to’’; and southeastern United States. tegic research plan and interagency imple- (8) by inserting ‘‘development of regional ‘‘(7) Methods for integrating information mentation plans; scenarios, assessment of model predict- to provide predictive and other tools for ‘‘(C) ensure program and budget rec- ability, assessment of climate change im- planning and decisionmaking by govern- ommendations of the Committee are commu- pacts,’’ after ‘‘predictive modeling,’’ in para- ments, communities and the private sec- nicated to the President and are integrated graph (2) of subsection (c), as redesignated; tor.’’; into the strategic and implementation plans (9) by striking ‘‘priorities;’’ in paragraph (13) by striking ‘‘and’’ in paragraph (2) of for the Program; (2) of subsection (c), as redesignated, and in- subsection (e), as redesignated; ‘‘(D) review, solicit, identify, and arrange serting ‘‘priorities and propose measures to (14) by striking paragraph (3) of subsection funding for partnership projects that address address gaps and growing needs for these ac- (e), as redesignated, and inserting the fol- critical research objectives or operational tivities;’’ lowing: goals of the Program, including projects that (10) by striking paragraphs (6) and (7) of ‘‘(3) combine and interpret data from var- would fill research gaps identified by the subsection (c), as redesignated, and inserting ious sources to produce information readily Program, and for which project resources are the following: usable by local, State, and Federal policy- shared among at least 2 agencies partici- ‘‘(6) make recommendations for the coordi- makers, and other end-users, attempting to pating in the Program; nation of the global change research and as- formulate effective decisions and strategies ‘‘(E) review and provide recommendations, sessment activities of the United States with for mitigating and adapting to the effects of in conjunction with the Committee, on all such activities of other Nations and inter- global change; and’’; annual appropriations requests from Federal national organizations, including— (15) by adding at the end of subsection (e), agencies or departments participating in the ‘‘(A) a description of the extent and nature as redesignated, the following: Program; of international cooperative activities; ‘‘(4) establish a common assessment and ‘‘(F) provide technical and administrative ‘‘(B) bilateral and multilateral efforts to modeling framework that may be used in support to the Committee; provide worldwide access to scientific data both research and operations to project, pre- ‘‘(G) serve as a point of contact on Federal and information, and proposals to improve dict, and assess the vulnerability of natural climate change activities for government or- such access and build capacity for its use; and managed ecosystems and of human soci- ganizations, academia, industry, professional and ety in the context of other environmental societies, State climate change programs, in- ‘‘(C) improving participation by developing and social changes.’’; and terested citizen groups, and others to ex- Nations in international global change re- (16) by striking subsection (f), as redesig- change technical and programmatic informa- search and environmental data collection; nated, and inserting the following: tion; and ‘‘(7) detail budget requirements for Federal ‘‘(f) NATIONAL RESEARCH COUNCIL EVALUA- ‘‘(H) conduct public outreach, including global change research and assessment ac- TION.— dissemination of findings and recommenda- tivities to be conducted under the Plan; ‘‘(1) REVIEW OF STRATEGIC PLAN.—The tions of the Committee, as appropriate. ‘‘(8) include a process for identifying infor- Chairman of the Council shall enter into an ‘‘(2) FUNDING.—The Office may be funded mation needed by appropriate Federal, agreement with the National Research Coun- through interagency funding in accordance State, regional, and local decisionmakers to cil under which the National Research Coun- with section 631 of the Treasury and General develop policies to plan for and address pro- cil shall— Government Appropriations Act, 2003 (Pub. jected impacts of global change; ‘‘(A) evaluate the scientific content of the L. 108–7; 117 Stat. 471). ‘‘(9) identify and sustain the observing sys- Plan; ‘‘(3) REPORT.—Within 90 days after the date tems currently employed in collecting data ‘‘(B) provide information and advice ob- of enactment of the Global Change Research relevant to global and regional climate tained from United States and international Improvement Act of 2008, the Director of the change research and prioritize additional ob- sources, and recommended priorities for fu- Office of Science and Technology Policy servation systems that may be needed to en- ture global and regional climate research shall report to the Senate Committee on sure adequate data collection and moni- and assessment; and Commerce, Science, and Transportation and toring of global change; ‘‘(C) address such other studies on emerg- the House of Representatives Committee on ‘‘(10) identify existing capabilities and gaps ing priorities as the Chairman determines to Science and Technology on the funding of in national, regional, and local climate pre- be warranted. the Office. The report shall include— diction and scenario-based modeling capa- ‘‘(2) ADDITIONAL NATIONAL RESEARCH COUN- ‘‘(A) the amount of funding required to bilities for forecasting and projecting cli- CIL STUDIES.—The Chairman shall execute an adequately fund the Office; and

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.076 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5227 ‘‘(B) the adequacy of existing mechanisms periodic basis (not less frequently than every (D) other Federal agencies participating in to fund the Office.’’; and 4 years), the President shall submit to Con- the Program, to the extent funds remain (3) by striking ‘‘Committee.’’ in paragraph gress a single, integrated, comprehensive as- available after the application of paragraph (2) of subsection (c), as redesignated, and in- sessment’’; (1) and subparagraphs (A), (B), and (C) of this serting ‘‘Committee and the Global Change (3) by striking ‘‘and’’ after the semicolon paragraph, for each of such fiscal years. Research Coordination Office.’’. in paragraph (2); and SUBTITLE B—NATIONAL CLIMATE SEC. —117. BUDGET COORDINATION. (4) by striking ‘‘years.’’ in paragraph (3) SERVICE and inserting ‘‘years; and’’; and Section 105 (15 U.S.C. 2935), as amended by SEC. —131. AMENDMENT OF NATIONAL CLIMATE section —116 of this division, is further (5) by adding at the end the following: PROGRAM ACT. amended by striking subsection (d), as redes- ‘‘(4) evaluates the information being devel- Except as otherwise expressly provided, ignated, and inserting the following: oped under this title, considering in par- whenever in this subtitle an amendment or ‘‘(d) CONSIDERATION IN PRESIDENT’S BUDG- ticular its usefulness to local, State, and na- repeal is expressed in terms of an amend- ET.— tional decision makers, as well as to other ment to, or repeal of, a section or other pro- ‘‘(1) IN GENERAL.—Before each annual budg- stakeholders such as the private sector, after vision, the reference shall be considered to et submitted to the Congress under section providing a meaningful opportunity for the be made to a section or other provision of 1105 of title 31, United States Code, the consideration of the views of such stake- the National Climate Program Act (15 U.S.C. President shall, in a timely fashion, provide holders on the effectiveness of the Program 2901 et seq.). an opportunity to the Committee and the and the usefulness of the information.’’. SEC. —132. SHORT TITLE; TABLE OF CONTENTS. Global Change Research Coordination Office SEC. —120. REPEAL OF OBSOLETE PROVISION. Section 1 of the Act (15 U.S.C. 2901 note) is to review and comment on the budget esti- Section 108(c) (15 U.S.C. 2938(c)) is amended amended to read as follows: mate of each agency and department in- by striking ‘‘stratospheric ozone depletion volved in global change research in the con- or’’. ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(a) SHORT TITLE.—This Act may be cited text of the Plan. The Committee and the SEC. —121. SCIENTIFIC COMMUNICATIONS. as the ‘National Climate Service Act of 2008’. Global Change Research Coordination Office The President shall establish guidelines ‘‘(b) TABLE OF CONTENTS.—The table of shall transmit a report containing the re- and implement a plan that requires the Na- contents for this Act is as follows: sults of their reviews to the Senate Com- tional Oceanic and Atmospheric Administra- mittee on Commerce, Science, and Transpor- tion, the National Aeronautics and Space ‘‘Sec. 1. Short title; table of contents. tation and the House of Representatives Administration, the Environmental Protec- ‘‘Sec. 2. Purpose. Committee on Science and Technology no tion Agency, the National Science Founda- ‘‘Sec. 3. Definitions. ‘‘Sec. 4. National Climate Program. later than the date on which the President tion, and other Federal agencies with sci- ‘‘Sec. 5. National Climate Service. submits the annual budget to the Congress entific research programs to adopt policies ‘‘Sec. 6. Contract and grant authority. under section 1105 of title 31, United States that ensure the integrity of scientific com- ‘‘Sec. 7. Annual report. Code. munications. Such policies shall include pro- ‘‘Sec. 8. National strategic plan for climate ‘‘(2) PROGRAM ITEMS.—The President shall visions regarding the approval of final text submit, at the time of the annual budget re- change adaptation. and communications, and enable scientists ‘‘Sec. 9. Ocean and coastal vulnerability and quest to Congress, an integrated budget plan to disseminate research results and freely that would consolidate and highlight Pro- adaptation. communicate with the Congress, the media, ‘‘Sec. 10. Authorization of appropriations. gram priorities and include a description of and colleagues in a timely fashion. SEC. —133. PURPOSE. those items in each agency’s annual budget SEC. —122. AGING WORKFORCE ISSUES PRO- which are elements of the Program.’’. GRAM. Section 3 (15 U.S.C. 2902) is amended by SEC. —118. RESEARCH GRANTS. The Administrator of the National Oceanic striking ‘‘man-induced climate processes and Section 105 (15 U.S.C. 2935), as amended by and Atmospheric Administration shall im- their implications.’’ and inserting ‘‘human- sections —116 and —117 of this division, is plement a program to address aging work induced climate processes and their implica- further amended— force issues in climate science, global tions and to establish a National Climate (1) by redesignating subsections (b), (c), change, and other focuses of NOAA research Service that will advance the national inter- and (d) as subsections (c), (d), and (e), respec- that— est and associated international concerns in tively; and (1) documents technical and management understanding, forecasting, responding, (2) by inserting after subsection (a) the fol- experiences before senior employees leave adapting to, and mitigating the impacts of lowing: the Administration, including— natural and human-induced climate change ‘‘(b) RESEARCH GRANTS.— (A) documenting lessons learned; and climate variability.’’. ‘‘(1) COMMITTEE TO DEVELOP LIST OF PRI- (B) briefing organizations; SEC. —134. DEFINITIONS. ORITY RESEARCH AREAS.—The Committee (C) providing opportunities for archiving Section 4 (15 U.S.C. 2903), as amended by shall develop a list of priority areas for re- lessons in a database; and section —103 of this division, is amended to search and development on climate change (D) providing opportunities for near-term read as follows: that are not being adequately addressed by retirees to transition out early from their ‘‘SEC. 4. DEFINITIONS. Federal agencies. In the list, the Committee primary assignment in order to document ‘‘In this Act: shall identify the appropriate agency to lead their career lessons learned and brief new ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- the such areas of research funded under para- employees prior to their separation from the trator’ means the Administrator of the Na- graph (3)(A). Administration; tional Oceanic and Atmospheric Administra- ‘‘(2) DIRECTOR OF OSTP TO TRANSMIT LIST TO (2) provides incentives for retirees to re- tion. NSF.—The Director of the Office of Science turn and teach new employees about their ‘‘(2) ADVISORY COUNCIL.—The term ‘Advi- and Technology Policy shall transmit the career lessons and experiences; and sory Council’ refers to the Climate Services list to the National Science Foundation. (3) provides for the development of an Advisory Council. ‘‘(3) FUNDING THROUGH NSF.— award to recognize and reward outstanding ‘‘(3) CLIMATE CHANGE.—The term ‘climate ‘‘(A) BUDGET REQUEST.—The National senior employees for their contributions to change’ means any change in climate over Science Foundation shall include, as part of knowledge sharing. time, whether due to natural variability or the annual request for appropriations for the SEC. —123. AUTHORIZATION OF APPROPRIA- as a result of human activity. Science and Technology Policy Institute, a TIONS. ‘‘(4) COASTAL STATE.—The term ‘coastal request for appropriations to fund research There are authorized to be appropriated for state’ has the meaning given that term by in the priority areas on the list developed the purpose of carrying out this title such section 304(4) of the Coastal Zone Manage- under paragraph (1). sums as may be necessary for fiscal years ment Act of 1972 (16 U.S.C. 1453(4)). ‘‘(B) AUTHORIZATION.—For fiscal year 2009 2009 through 2013. Of the amounts appro- ‘‘(5) DIRECTOR.—The term ‘Director’ means and each fiscal year thereafter, there are au- priated for that fiscal year period— the Director of the National Oceanic and At- thorized to be appropriated to the National (1) $4,000,000 shall be made available to the mospheric Administration’s National Cli- Science Foundation not less than $30,000,000, Global Change Research Coordination Office mate Service. to be made available through the Science through the Office of Science and Tech- ‘‘(6) GLOBAL CHANGE RESEARCH PROGRAM.— and Technology Policy Institute, for re- nology Policy for each of such fiscal years; The term ‘Global Change Research Program’ search in those priority areas.’’. and means the United States Global Change Re- SEC. —119. EVALUATION OF INFORMATION. (2) such sums as may be necessary shall be search Program established under section 103 Section 106 (15 U.S.C. 2936) is amended— made available to— of the Global Change Research Act of 1990 (15 (1) by striking ‘‘SCIENTIFIC’’ in the sec- (A) the National Oceanic and Atmospheric U.S.C. 2933). tion heading; Administration for each of such fiscal years; ‘‘(7) PROGRAM.—The term ‘Program’ means (2) by striking ‘‘On a periodic basis (not (B) the National Science Foundation for the National Climate Program. less frequently than every 4 years), the each of such fiscal years; ‘‘(8) SECRETARY.—The term ‘Secretary’ Council, through the Committee, shall pre- (C) the National Aeronautics and Space means the Secretary of Commerce, acting pare and submit to the President and the Administration for each of such fiscal years; through the Administrator of the National Congress an assessment’’ and inserting ‘‘On a and Oceanic and Atmospheric Administration.

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.076 S05JNPT1 smartinez on PROD1PC64 with SENATE S5228 CONGRESSIONAL RECORD — SENATE June 5, 2008

‘‘(9) SERVICE.—The term ‘Service’ means ‘‘(1) provide for the interpretation and aging the organization and executing the the National Oceanic and Atmospheric Ad- communication of climate data, conditions, functions and actions described in this Act. ministration’s National Climate Service.’’. predictions, projections, and risks on an on- The Director will serve as a liaison to the SEC. —135. NATIONAL CLIMATE SERVICE. going basis to decision and policy makers at Global Change Research Program to ensure The Act is amended by striking sections 7 the local, regional, and national levels; the transition of research into services and and 8 (15 U.S.C. 2906 and 2907, respectively) ‘‘(2) design, deploy, and operate an ade- to provide services to meet the needs of re- and inserting after section 5 the following: quate national climate observing system search. ‘‘SEC. 6. NATIONAL CLIMATE SERVICE. that closes gaps in existing coverage; ‘‘(e) NATIONAL CLIMATE SERVICE ADVISORY ‘‘(a) ESTABLISHMENT.— ‘‘(3) support infrastructure and ability to COUNCIL.—The Administrator shall, in con- ‘‘(1) IN GENERAL.—The Secretary shall es- archive and quality ensure climate data, and sultation with the chairmen and ranking mi- tablish within the National Oceanic and At- make federally-funded model simulations nority party members of the Senate Com- mospheric Administration a National Cli- and other relevant climate information mittee on Commerce, Science, and Transpor- mate Service not later than a year after the available from the Global Change Research tation and the House of Representatives date of the enactment of the Global Change Program activities and other sources (and Committee on Science and Technology, and Research Improvement Act of 2008. The Serv- related data from paleoclimate studies). the National Academy of Sciences, appoint ice shall include a national center and a net- ‘‘(4) include a program for long-term stew- the membership of a National Climate Serv- work of regional and local facilities for oper- ardship, quality control, development of rel- ice Advisory Council composed of 15 mem- ational climate monitoring and prediction. evant climate products, and efficient access bers, with members serving 4-year terms and ‘‘(2) DUTIES.—The Service shall produce to all relevant climate data, products, and include a diverse membership from appro- and deliver authoritative, timely and usable model simulations; priate Federal, State and local government, information about climate change, climate ‘‘(5) establish— universities, non-government and private variability, trends, and impacts on local, ‘‘(A) a national coordinated computing sectors who use climate information and State, regional, national, and global scales. strategy, including establishing a new, or cover a range of sectors, such as water, ‘‘(3) SPECIFIC SERVICES.—The Service, at a supplementing support for existing, national drought, fisheries, coasts, agriculture, minimum, shall— climate computing capability to provide health, natural resources, transportation, ‘‘(A) provide comprehensive and authori- dedicated computing capacity for modeling and insurance. The Council shall advise the tative information about the state of the cli- and forecasting, scenarios, and planning re- Director of the Service of key priorities in mate and its effects, through observations, sources, and a regular schedule of projec- climate-related issues that require the at- monitoring, data, information, and products tions on long- and short-term time horizons tention of the Service. The Council shall be that accurately reflect climate trends and over a range of scales, including regional responsible for ensuring coordination across conditions; scales; and regional and national concerns and the as- ‘‘(B) provide predictions and projections on ‘‘(B) a mechanism to allow access to such sessment of evolving information needs. the future state of the climate in support of capacity by the National Oceanic and At- ‘‘SEC. 7. CONTRACT AND GRANT AUTHORITY. adaptation, preparedness, attribution, and mospheric Administration, the National Aer- ‘‘Functions vested in any Federal officer or mitigation; onautics and Space Administration, and Na- agency by this Act or under the Program ‘‘(C) utilize appropriate research from the tional Science Foundation sponsored re- may be exercised through the facilities and United States Global Change Research Pro- searchers; personnel of the agency involved or, to the gram activities and conduct focused re- ‘‘(6) improve integrated modeling, assess- extent provided or approved in advance in search, as needed, to enhance understanding, ment, and predictive capabilities needed to appropriation Acts, by other persons or enti- information and predictions of the current document and predict climate changes and ties under contracts or grant arrangements and future state of the climate and its im- impacts, and to guide national, regional, and entered into by such officer or agency. pacts that is relevant to policy, planning, local planning and decision making; ‘‘SEC. 8. ANNUAL REPORT. and decision making; ‘‘(7) provide a system of regular consulta- ‘‘The Secretary shall prepare and submit ‘‘(D) utilize assessments from the Global tion and coordination with Federal agencies, to the President and the Senate Committee Change Research Program activities and States, Indian tribes, non-governmental or- on Commerce, Science, and Transportation conduct focused assessments as needed to en- ganizations, the private sector and the aca- and the House of Representatives Committee hance understanding of the impacts of cli- demic community to ensure— on Science and Technology, as part of the mate change and climate variability; ‘‘(A) that the information requirements of annual report to meet the requirements of ‘‘(E) assess and strengthen delivery mecha- these groups are well incorporated; and section 102(e)(7) of the Global Change Re- nisms for providing climate information to ‘‘(B) timely and full sharing, dissemination search Act of 1990 (15 U.S.C. 2932(e)(8)), a re- end users; and use of climate information and services port on the activities conducted pursuant to ‘‘(F) communicate climate data, condi- in risk preparedness, planning, decision this Act during the preceding fiscal year, in- tions, predictions, projections, indicators, making, and early warning and natural re- cluding— and risks on an ongoing basis to decision- sources management, both domestically and ‘‘(1) a summary of the achievements of the makers and policymakers, the private sec- internationally; National Climate Service during the pre- tor, and to the public; ‘‘(8) develop standards, evaluation criteria vious fiscal year; and ‘‘(G) coordinate and collaborate on climate and performance objectives to ensure that ‘‘(2) an analysis of the progress made to- change, climate variability, and impacts ac- the Service meets the evolving information ward achieving the goals and objectives of tivities with municipal, state, regional, na- needs of the public, policy makers and deci- the Service.’’. tional and international agencies and organi- sion makers in the face of a changing cli- SEC. —136. REAUTHORIZATION. zations, as appropriate; mate; Subsection (a) of section 11 (15 U.S.C. 2908), ‘‘(H) support the Department of State and ‘‘(9) develop funding estimates to imple- as redesignated and amended by section —105 international agencies and organizations, as ment the plan; and and —107 of this division, respectively, is well as domestic agencies and organizations, ‘‘(10) support competitive research pro- amended to read as follows: involved in assessing and responding to cli- grams that will improve elements of the ‘‘(a) NATIONAL CLIMATE SERVICE.—There mate change and climate variability; Service described in this Act through the are authorized to be appropriated to the Sec- ‘‘(I) establish an atmospheric monitoring Climate Program Office within the Service retary to carry out sections 6, 7, and 8 of this and verification program utilizing aircraft, headquarter function. Act— satellite, ground sensors, ocean and coastal ‘‘(c) COORDINATION WITH THE USGCRP.— ‘‘(1) $300,000,000 for fiscal year 2009; observing systems, and modeling capabilities The Service shall utilize appropriate re- ‘‘(2) $350,000,000 for fiscal year 2010; to monitor, measure, and verify greenhouse search from Global Change Research Pro- ‘‘(3) $400,000,000 for fiscal year 2011; gas levels, dates, and emissions throughout gram activities to enhance understanding, ‘‘(4) $450,000,000 for fiscal year 2012; and the global oceans and atmosphere; and information and predictions of the current ‘‘(5) $500,000,000 for fiscal year 2013.’’. ‘‘(J) issue an annual report that identifies and future state of the climate and its im- SUBTITLE C—TECHNOLOGY ASSESSMENT greenhouse emission and trends on a local, pacts that is relevant to policy and deci- SEC. —141. NATIONAL SCIENCE AND TECH- regional, and national level and identifies sions. The Service shall provide appropriate NOLOGY ASSESSMENT SERVICE. emissions or reductions attributable to indi- information about the current and future The National Science and Technology Pol- vidual or multiple sources covered by the state of the climate and its impacts that are icy, Organization, and Priorities Act of 1976 program established under subparagraph (I). useful for research purposes to relevant (42 U.S.C. 6601 et seq.) is amended by adding ‘‘(b) ACTION PLAN.—Within 1 year after the Global Change Research Program activities. at the end the following: date of enactment of the Global Change Re- The Director of the Service will serve as a li- search Improvement Act of 2008, the Sec- aison to the Global Change Research Pro- ‘‘TITLE VII—NATIONAL SCIENCE AND retary shall submit to the Senate Committee gram and a member of the Global Change Re- TECHNOLOGY ASSESSMENT SERVICE on Commerce, Science, and Transportation search Program should serve on the Advisory ‘‘SEC. 701. ESTABLISHMENT. and the House of Representatives Committee Council. ‘‘There is hereby created a Science and on Science and Technology a plan of action ‘‘(d) DIRECTOR.—The Administrator shall Technology Assessment Service which shall for the National Climate Service. The plan, appoint a director of the Service, who shall be within and responsible to the legislative at a minimum, shall— oversee all processes associated with man- branch of the Government.

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.076 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5229 ‘‘SEC. 702. COMPOSITION. be limited to, an evaluation of technology ‘‘(B) to develop and provide standards, ‘‘The Service shall consist of a Science and assessment techniques and identification, in- measurements, and innovative technologies Technology Board which shall formulate and sofar as may be feasible, of technological for reducing greenhouse gas emissions in ex- promulgate the policies of the Service, and a areas and programs requiring future anal- isting industries; Director who shall carry out such policies ysis. The annual report shall be submitted ‘‘(C) to develop and provide standards, and administer the operations of the Service. not later than March 15 of each year. measurements, measurement tools, and cali- ‘‘SEC. 703. FUNCTIONS AND DUTIES. ‘‘SEC. 709. AUTHORIZATION OF APPROPRIATIONS. brations that will enhance and promote re- ‘‘The Service shall coordinate and develop ‘‘There are authorized to be appropriated mote sensing technologies; information for Congress relating to the uses to the Service such sums as are necessary to ‘‘(D) to assist in establishing a baseline ref- and application of technology to address cur- fulfill the requirements of this title.’’. erence point for future trading in greenhouse rent national science and technology policy SUBTITLE D—CLIMATE CHANGE gases and the measurement of progress in issues. In developing such technical assess- TECHNOLOGY emissions reduction; ments for Congress, the Service shall utilize, ‘‘(E) to develop and provide standards, SEC. —151. NIST GREENHOUSE GAS FUNCTIONS. to the extent practicable, experts selected in Section 2(c) of the National Institute of measurements, measurement tools, calibra- coordination with the National Research Standards and Technology Act (15 U.S.C. tions, data, models, and other innovative Council. 272(c)) is amended— technologies to support the validation and ‘‘SEC. 704. INITIATION OF ACTIVITIES. (1) by striking ‘‘and’’ after the semicolon accreditation of a greenhouse gas trading in- ‘‘Science and technology assessment ac- in paragraph (21); dustry; tivities undertaken by the Service may be (2) by redesignating paragraph (22) as para- ‘‘(F) to assist in developing improved in- initiated upon the request of— graph (23); and dustrial processes designed to reduce or ‘‘(1) the Chairman of any standing, special, (3) by inserting after paragraph (21) the fol- eliminate greenhouse gases, including the or select committee of either House of the lowing: development of measurement tools and Congress, or of any joint committee of the ‘‘(22) perform research to develop enhanced standards to validate and accredit a carbon Congress, acting for himself or at the request measurements, calibrations, standards, and offset industry; and of the ranking minority member or a major- technologies which will enable the reduced ‘‘(G) that will be exchanged internation- ity of the committee members; production in the United States of green- ally as scientific or technical information ‘‘(2) the Board; or house gases associated with global warming, which has the stated purpose of developing ‘‘(3) the Director. including carbon dioxide, methane, nitrous mutually recognized measurements, stand- ‘‘SEC. 705. ADMINISTRATION AND SUPPORT. oxide, ozone, perfluorocarbons, hydro- ards, and procedures for reducing greenhouse ‘‘The Director of the Science and Tech- fluorocarbons, and sulfur hexafluoride; and’’. gases. nology Assessment Service shall be ap- SEC. —152. DEVELOPMENT OF NEW MEASURE- ‘‘(c) NATIONAL MEASUREMENT LABORA- pointed by the Board and shall serve for a MENT TECHNOLOGIES. TORIES.— term of 6 years unless sooner removed by the The Secretary of Commerce shall initiate a ‘‘(1) IN GENERAL.—In carrying out this sec- Board. The Director shall receive basic pay program to develop, with technical assist- tion, the Director shall utilize the collective at the rate provided for level III of the Exec- ance from appropriate Federal agencies, in- skills of the National Measurement Labora- utive Schedule under section 5314 of title 5, novative standards and measurement tech- tories of the National Institute of Standards United States Code. The Director shall con- nologies (including technologies to measure and Technology to improve the accuracy of tract for administrative support from the Li- carbon changes due to changes in land use measurements that will permit better under- brary of Congress. cover) to calculate— standing and control of these industrial ‘‘SEC. 706. AUTHORITY. (1) greenhouse gas emissions and reduc- chemical processes and result in the reduc- ‘‘The Service shall have the authority, tions from sequestration, agriculture, for- tion or elimination of greenhouse gases. within the limits of available appropriations, estry, and other land use practices; ‘‘(2) MATERIAL, PROCESS, AND BUILDING RE- to do all things necessary to carry out the (2) noncarbon dioxide greenhouse gas emis- SEARCH.—The National Measurement Lab- provisions of this section, including, but sions from transportation; oratories shall conduct research under this without being limited to, the authority to— (3) greenhouse gas emissions from facilities subsection that includes— ‘‘(1) make full use of competent personnel or sources using remote sensing technology; ‘‘(A) developing material and manufac- and organizations outside the Office, public and turing processes which are designed for en- or private, and form special ad hoc task (4) any other greenhouse gas emission or ergy efficiency and reduced greenhouse gas forces or make other arrangements when ap- reductions for which no accurate or reliable emissions into the environment; propriate; measurement technology exists. ‘‘(B) developing environmentally-friendly, ‘‘(2) enter into contracts or other arrange- SEC. —153. ENHANCED ENVIRONMENTAL MEAS- ‘green’ chemical processes to be used by in- ments as may be necessary for the conduct UREMENTS AND STANDARDS. dustry; and of the work of the Office with any agency or The National Institute of Standards and ‘‘(C) enhancing building performance with instrumentality of the United States, with Technology Act (15 U.S.C. 271 et seq.) is a focus in developing standards or tools any State, territory, or possession or any po- amended— which will help incorporate low- or no-emis- litical subdivision thereof, or with any per- (1) by redesignating sections 17 through 32 sion technologies into building designs. son, firm, association, corporation, or edu- as sections 18 through 33, respectively; and ‘‘(3) STANDARDS AND TOOLS.—The National cational institution, with or without reim- (2) by inserting after section 16 the fol- Measurement Laboratories shall develop bursement, without performance or other lowing: standards and tools under this subsection bonds, and without regard to section 3709 of ‘‘SEC. 17. CLIMATE CHANGE STANDARDS AND that include software to assist designers in the Revised Statutes (41 U.S.C. 51); PROCESSES. selecting alternate building materials, per- ‘‘(3) accept and utilize the services of vol- ‘‘(a) IN GENERAL.—The Director shall es- formance data on materials, artificial intel- untary and uncompensated personnel nec- tablish within the Institute a program to ligence-aided design procedures for building essary for the conduct of the work of the perform and support research on global cli- subsystems and ‘smart buildings’, and im- Service and provide transportation and sub- mate change standards and processes, with proved test methods and rating procedures sistence as authorized by section 5703 of title the goal of providing scientific and technical for evaluating the energy performance of 5, United States Code, for persons serving knowledge applicable to the reduction of residential and commercial appliances and without compensation; and greenhouse gases. products. ‘‘(4) prescribe such rules and regulations as ‘‘(b) RESEARCH PROGRAM.— ‘‘(d) NATIONAL VOLUNTARY LABORATORY AC- it deems necessary governing the operation ‘‘(1) IN GENERAL.—The Director is author- CREDITATION PROGRAM.—The Director shall and organization of the Service. ized to conduct, directly or through con- utilize the National Voluntary Laboratory ‘‘SEC. 707. BOARD. tracts or grants, a global climate change Accreditation Program under this section to ‘‘The Board shall consist of 13 members as standards and processes research program. establish a program to include specific cali- follows— ‘‘(2) RESEARCH PROJECTS.—The specific con- bration or test standards and related meth- ‘‘(1) 6 Members of the Senate, appointed by tents and priorities of the research program ods and protocols assembled to satisfy the the President pro tempore of the Senate, 3 shall be determined in consultation with ap- unique needs for accreditation in measuring from the majority party and 3 from the mi- propriate Federal agencies, including the En- the production of greenhouse gases. In car- nority party; vironmental Protection Agency, the Na- rying out this subsection the Director may ‘‘(2) 6 Members of the House of Representa- tional Oceanic and Atmospheric Administra- cooperate with other departments and agen- tives appointed by the Speaker of the House tion, and the National Aeronautics and cies of the Federal Government, State and of Representatives, 3 from the majority Space Administration. The program gen- local governments, and private organiza- party and 3 from the minority party; and erally shall include basic and applied re- tions.’’. ‘‘(3) the Director, who shall not be a voting search— member. ‘‘(A) to develop and provide the enhanced SEC. —154. TECHNOLOGY DEVELOPMENT AND ‘‘SEC. 708. REPORT TO CONGRESS. measurements, calibrations, data, models, DIFFUSION. ‘‘The Service shall submit to the Congress and reference material standards which will The Director of the National Institute of an annual report which shall include, but not enable the monitoring of greenhouse gases; Standards and Technology, through the

VerDate Aug 31 2005 06:56 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.077 S05JNPT1 smartinez on PROD1PC64 with SENATE S5230 CONGRESSIONAL RECORD — SENATE June 5, 2008 Manufacturing Extension Partnership Pro- ‘‘SEC. 5. NATIONAL CLIMATE PROGRAM. ‘‘(10) identify existing legal authorities and gram, may develop a program to support the ‘‘(a) ESTABLISHMENT.—There is hereby es- additional authorities necessary to imple- implementation of new ‘‘green’’ manufac- tablished a National Climate Program. ment the plan; turing technologies and techniques by the ‘‘(b) PROGRAM ELEMENTS.— ‘‘(11) identify existing high resolution ele- more than 380,000 small business manufac- ‘‘(1) IN GENERAL.—The Program shall in- vation data and bathymetric data and de- turers. clude— velop a prioritized plan for filling existing SEC. —155. AUTHORIZATION OF APPROPRIA- ‘‘(1) a strategic planning process to address gaps; and TIONS. the impacts of climate change within the ‘‘(12) include appropriate steps for partner- There are authorized to be appropriated to United States; and ships with international organizations and the Director of the National Institute of ‘‘(2) a National Climate Service to be es- foreign governments on international activi- Standards and Technology to carry out this tablished within the National Oceanic and ties to address climate change impacts, in- title and section 17 of the National Institute Atmospheric Administration. cluding the sharing of technical assistance of Standards and Technology Act, as added ‘‘(c) DUTIES.—The President shall— and capacity-building expertise.. ‘‘(1) develop the 5-year plans described in by section —153 of this title, $15,000,000 for ‘‘(c) INTERIM ACTIVITIES.—Nothing in this section 9; each of fiscal years 2009 through 2013. section shall be construed to prevent any ‘‘(2) define the roles in the Program of Fed- SUBTITLE E—ABRUPT CLIMATE CHANGE eral officers, departments, and agencies, in- Federal agency or department from taking SEC. —161. ABRUPT CLIMATE CHANGE RE- cluding the Departments of Agriculture, climate change impacts into account, con- SEARCH PROGRAM. Commerce, Defense, Energy, Interior, State, sistent with its existing authorities, before The Secretary of Commerce shall establish and Transportation, the Environmental Pro- the requirements of this section are imple- within the Office of Oceanic and Atmos- tection Agency, the National Aeronautics mented. Federal agencies are encouraged to pheric Research of the National Oceanic and and Space Administration, the Council on take climate change into account under all Atmospheric Administration, and shall carry Environmental Quality, the National existing relevant authorities to the max- out, a program of scientific research on ab- Science Foundation, and the Office of imum extent practicable and consistent with rupt climate change. Science and Technology Policy; and those authorities. SEC. —162. PURPOSES OF PROGRAM. ‘‘(3) provide for Program coordination.’’. ‘‘(d) COORDINATION.—The President shall The purposes of the program are— SEC. —205. NATIONAL CLIMATE STRATEGY. (1) to develop a global array of terrestrial ensure that the mechanism to provide infor- The Act is amended— mation related to addressing the impacts of and oceanographic indicators of (1) by redesignating section 9 as section 11; paleoclimate in order to sufficiently identify climate change to State and local govern- and ments and nongovernmental entities is ap- and describe past instances of abrupt climate (2) by inserting after section 8 the fol- propriately coordinated or integrated with change; lowing: (2) to improve understanding of thresholds existing programs that provide similar infor- and nonlinearities in geophysical systems re- ‘‘SEC. 9. NATIONAL STRATEGIC PLAN FOR CLI- mation on climate change predictions. MATE CHANGE ADAPTATION. lated to the mechanisms of abrupt climate ‘‘(a) IN GENERAL.—Not later than 2 years ‘‘(e) RELATIONSHIP TO OTHER AUTHORI- change; after the date of enactment of the Climate TIES.—Nothing in this section supersedes any (3) to incorporate such mechanisms into Change Adaptation Act, the President shall Federal authority in effect on the date of en- advanced geophysical models of climate provide to the Congress a 5-year national actment of the Climate Change Adaptation change; and strategic plan to address the impacts of cli- Act or creates any new legal right of action. (4) to test the output of such models mate change within the United States. The against an improved global array of records President shall provide a mechanism for con- ‘‘SEC. 10. OCEAN AND COASTAL VULNERABILITY of past abrupt climate changes. AND ADAPTATION. sulting with States and local governments, SEC. —163. ABRUPT CLIMATE CHANGE DEFINED. the private sector, universities, and other ‘‘(a) COASTAL AND OCEAN VULNERABILITY.— In this title, the term ‘‘abrupt climate nongovernmental entities in developing the ‘‘(1) IN GENERAL.—Within 2 years after the change’’ means a change in the climate that plan. The plan shall be updated at least date of enactment of the Climate Change Ad- occurs so rapidly or unexpectedly that every 5 years. aptation Act, the Secretary shall, in con- human or natural systems have difficulty ‘‘(b) CONTENTS OF PLAN.—The plan shall, at sultation with the appropriate Federal, adapting to the climate as changed. a minimum— State, and local governmental entities, co- SEC. —164. AUTHORIZATION OF APPROPRIA- ‘‘(1) identify existing Federal require- ordinate and support regional assessments of TIONS. ments, protocols, and capabilities for ad- the vulnerability of coastal and ocean areas There are authorized to be appropriated to dressing climate change impacts on federally and resources, including living marine re- the Department of Commerce for each of fis- managed resources and with respect to Fed- sources, to hazards associated with climate cal years 2009 through 2013, to remain avail- eral actions and policies; change, and ocean acidification including— able until expended, such sums as are nec- ‘‘(2) identify measures to improve such ca- ‘‘(A) variations in sea level including long- essary, not to exceed $10,000,000, to carry out pabilities and the utilization of such capa- term sea level rise; the research program required by section bilities; ‘‘(B) fluctuation of Great Lakes water lev- —161 of this title. ‘‘(3) include guidance for integrating the els; TITLE II—CLIMATE CHANGE ADAPTATION consideration of the impacts of climate ‘‘(C) increases in severe weather events; change on Federally-managed resources, and ‘‘(D) natural hazards and events including SEC. —201. SHORT TITLE. in Federal actions and policies, consistent storm surge, precipitation, flooding, inunda- This title may be cited as the ‘‘Climate with existing authorities; tion, drought, and fires; Change Adaptation Act’’. ‘‘(4) address vulnerabilities and priorities ‘‘(E) changes in sea ice; SEC. —202. AMENDMENT OF NATIONAL CLIMATE identified through the assessments carried ‘‘(F) changes in ocean currents impacting PROGRAM ACT. out under the Global Change Research Act of global heat transfer; Except as otherwise expressly provided, 1990 and this Act; ‘‘(G) increased siltation due to coastal ero- whenever in this title an amendment or re- ‘‘(5) establish a mechanism for the ex- sion; peal is expressed in terms of an amendment change of information related to addressing ‘‘(H) shifts in the hydrological cycle; and to, or repeal of, a section or other provision, the impacts of climate change with, and pro- ‘‘(I) alteration of ecological communities, the reference shall be considered to be made vide technical assistance to, State and local including at the ecosystem or watershed lev- to a section or other provision of the Na- governments and nongovernmental entities; els. tional Climate Program Act (15 U.S.C. 2901 et ‘‘(6) recommend specific partnerships with ‘‘(2) FACTORS.—In preparing the regional seq.). State and local governments and nongovern- coastal assessments, the Secretary shall SEC. —203. DEFINITIONS. mental entities to support and coordinate take into account the information and as- Section 4 (15 U.S.C. 2903) is amended— implementation of the plan; sessments being developed pursuant to the (1) by redesignating paragraphs (2), (3), and ‘‘(7) include implementation and funding Global Change Research Program. The re- (4) as paragraphs (3), (4), and (5), respec- strategies for short-term and long-term ac- gional assessments shall include an evalua- tively; and tions that may be taken at the national, re- tion of— (2) by inserting after paragraph (1) the fol- gional, State, and local level, taking into ac- ‘‘(A) observed and projected physical, bio- lowing: count existing planning and other require- logical, and ecological impacts, such as ‘‘(2) COASTAL STATE.—The term ‘coastal ments; coastal erosion, flooding and loss of estua- state’ has the meaning given that term by ‘‘(8) establish a process to develop more de- rine habitat, saltwater intrusion of aquifers section 304((4) of the Coastal Zone Manage- tailed agency and department-specific plans; and saltwater encroachment, coral reef ment Act of 1972 (16 U.S.C. 1453(4)).’’. ‘‘(9) identify opportunities to utilize obser- bleaching, impacts on food web distribution, SEC. —204. NATIONAL CLIMATE PROGRAM ELE- vations from both ground-based and remote impacts on marine habitat and ecosystem MENTS. sensing platforms and other geospatial tech- productivity, species migration, species Section 5 (15 U.S.C. 2904) is amended to nologies to improve planning for adaptation abundance and distribution, and changes in read as follows: to climate change impacts; marine pathogens and diseases;

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.077 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5231 ‘‘(B) social and cultural impacts associated existing authorities concerning hazard miti- sequences of ocean acidification on marine with threats to and potential losses of hous- gation planning, shall establish a coordi- organisms and ecosystems and to establish ing, communities, recreational opportuni- nated program to provide technical planning an ocean acidification program within the ties, aesthetic values, and infrastructure; assistance and products to coastal States National Oceanic and Atmospheric Adminis- and and local governments as they develop and tration; ‘‘(C) economic impacts on local, State, and implement adaptation or mitigation strate- (2) assessment and consideration of re- regional economies, including the impact on gies and plans. Products, information, tools gional and national ecosystem and socio-eco- abundance or distribution of economically and technical expertise generated from the nomic impacts of increased ocean acidifica- important living marine resources. development of the regional coastal and tion, and integration into marine resource ‘‘(3) UPDATES.—The Secretary shall update ocean assessments and the coastal and ocean decisions; and such assessments at least once every 5 years. adaptation plans will be made available to (3) research on adaptation strategies and ‘‘(b) COASTAL AND OCEAN ADAPTATION coastal States for the purposes of developing techniques for effectively conserving marine PLAN.—The Secretary shall, within 3 years their own State and local plans.’’. ecosystems as they cope with increased after the date of enactment of the Climate SEC. —206. COASTAL AND OCEAN ADAPTATION ocean acidification. Change Adaptation Act, submit to the Con- GRANTS. SEC. —303. INTERAGENCY COMMITTEE ON OCEAN gress an agency-specific plan under section The Coastal Zone Management Act of 1972 ACIDIFICATION. 9(b). The plan shall include a national coast- (16 U.S.C. 1451 et seq.) is amended by added (a) ESTABLISHMENT.— al and ocean adaptation plan, composed of at the end the following: (1) IN GENERAL.—The President shall estab- individual regional adaptation plans that lish or designate an interagency committee recommend targets and strategies to address ‘‘SEC. 320. CLIMATE CHANGE ADAPTATION PLANS. on ocean acidification. coastal and ocean impacts associated with (2) MEMBERSHIP.—The committee shall be climate change, ocean acidification, and sea ‘‘(a) GRANTS.—The Secretary shall provide comprised of senior representatives from the level rise. The plan shall be developed with grants of financial assistance to coastal National Oceanic and Atmospheric Adminis- the participation of other Federal, State, states with federally approved coastal zone tration, the National Science Foundation, and local government agencies that will be management programs to develop and begin the National Aeronautics and Space Admin- critical in the implementation of the plan at implementing coastal and ocean adaptation the State and local levels and shall take into programs. istration, the United States Geological Sur- account the results of the regional assess- ‘‘(b) ALLOCATION OF FUNDS.—The Secretary vey, the United States Fish and Wildlife ments to be conducted under subsection (a), shall distribute grant funds under subsection Service, and such other Federal agencies as the work of the Global Change Research Pro- (a) among coastal States in accordance with the President considers appropriate. gram, and recommendations of the National the formula established under section 306(c) (3) CHAIRMAN.—The committee shall be Science Board in its January 12, 2007, report of this Act, adjusted in consultation with the chaired by the representative from the Na- entitled Hurricane Warning: The Critical Need States as necessary to provide assistance to tional Oceanic and Atmospheric Administra- for a National Hurricane Research Initiative particularly vulnerable coastlines. tion. The chairman may create subcommit- and other relevant studies, and not duplicate ‘‘(c) PLAN CONTENT.—In order to receive fi- tees chaired by any member agency of the existing Federal and State hazard planning nancial assistance under this section, a plan committee. Working groups may be formed requirements. The Plan shall include both must be approved by the Secretary, and be by the full committee to address issues that short- and long-term adaptation strategies consistent with and further the goals of the may require more specialized expertise than and shall include, at a minimum, rec- coastal and ocean adaptation plan to be de- is provided by existing subcommittees. ommendations regarding— veloped pursuant to section 10 of the Na- (b) PURPOSE.—The committee shall oversee ‘‘(1) Federal flood insurance program modi- tional Climate Program Act, and be con- the planning, establishment, and coordinated fications; sistent with such State’s coastal manage- implementation of a plan designed to im- ‘‘(2) areas that have been identified as high ment program. prove the understanding of the role of in- risk through mapping and assessment; ‘‘(d) STATE HAZARD MITIGITATION PLANS.— creased ocean acidification on marine eco- ‘‘(3) mitigation incentives such as rolling Plans developed by States pursuant to this systems. easements, strategic retreat, State or Fed- section shall be consistent with State hazard (c) REPORTS TO CONGRESS.— eral acquisition in fee simple or other inter- mitigation plans developed under State or (1) STRATEGIC RESEARCH AND IMPLEMENTA- est in land, construction standards, infra- Federal law.’’. TION PLAN.—The committee shall submit the structure planning, and zoning; SEC. —207. AUTHORIZATION OF APPROPRIA- strategic research and implementation plan ‘‘(4) land and property owner education; TIONS. established under section —304 to the Senate ‘‘(5) economic planning for small commu- Section 11 (15 U.S.C. 2908), as redesignated Committee on Commerce, Science, and nities dependent upon affected coastal and by section —105 of this division, is amend- Transportation and the House of Representa- ocean resources, including fisheries; ed— tives Committee on Natural Resources. ‘‘(6) coastal hazards protocols to reduce the (1) by inserting ‘‘(a) NATIONAL CLIMATE (2) TRIENNIAL REPORT.—Not later than 2 risk of damage to lives and property, and re- SERVICE.—’’ before ‘‘There are authorized’’; years after the date of the enactment of this duce threats to public health and a process and Act and every 3 years thereafter, the com- for evaluating the implementation of such (2) by adding at the end thereof the fol- mittee shall transmit a report to the Senate protocols; lowing: Committee on Commerce, Science, and ‘‘(7) strategies to address impacts on crit- ‘‘(b) NATIONAL STRATEGY.—In addition to Transportation and the House of Representa- ical biological and ecological processes, giv- any other funds otherwise authorized to be tives Committee on Natural Resources that ing a priority to the most vulnerable natural appropriated, there are authorized to be ap- includes— resources and communities; propriated for each of fiscal years 2009 (A) a summary of federally funded ocean ‘‘(8) proposals to integrate measures into through 2013 $25,000,000 to carry out section acidification research and monitoring activi- the actions and policies of the National Oce- 9. ties, including the budget for each of these anic and Atmospheric Administration and ‘‘(c) COASTAL AND OCEAN ASSESSMENTS.—In activities; and other Federal agencies, as appropriate; addition to any other funds otherwise au- (B) an analysis of the progress made to- ‘‘(9) a plan for additional observations, re- thorized to be appropriated, there are au- ward achieving the goals and priorities for search, modeling, assessment and informa- thorized to be appropriated to the Secretary the interagency research plan developed by tion products, environmental data steward- $75,000,000 for each of fiscal years 2009 the committee under section —304 and rec- ship, and development of technologies and through 2013 to carry out section 10(a). ommendations for future activities, includ- capabilities to address such impacts; ‘‘(d) COASTAL AND OCEAN ADAPTATION ing policy recommendations developed as ‘‘(10) a plan for data archive and access, PLAN.—In addition to any other funds other- part of this research. and processes for sharing data and informa- wise authorized to be appropriated, there are SEC. —304. STRATEGIC RESEARCH AND IMPLE- tion for addressing such impacts; authorized to be appropriated for each of fis- MENTATION PLAN. ‘‘(11) plans to pursue bilateral and multi- cal years 2009 through 2013 $150,000,000, of (a) IN GENERAL.—Within 18 months after lateral agreements necessary to effectively which 75 percent shall be for State plans.’’. the date of enactment of this Act, the com- address such impacts; TITLE III—OCEAN ACIDIFICATION mittee shall develop a strategic research and ‘‘(12) partnerships with States and non- implementation plan for coordinated Federal governmental organizations; SEC —301. SHORT TITLE. activities. In developing the plan, the com- ‘‘(13) methods to mitigate the impacts This title may be cited as the ‘‘Federal mittee shall consider reports and studies identified, including habitat protection and Ocean Acidification Research And Moni- conducted by Federal agencies and depart- restoration measures; and toring Act of 2008’’ or the ‘‘FOARAM Act’’. ments, the National Research Council, the ‘‘(14) funding requirements and mecha- SEC. —302. PURPOSES. Ocean Research and Resources Advisory nisms. The purposes of this title are to provide Panel, the Joint Subcommittee on Ocean, ‘‘(c) TECHNICAL PLANNING ASSISTANCE.— for— Science, and Technology of the National The Secretary, through the National Oceanic (1) development and coordination of a com- Science and Technology Council, the Joint and Atmospheric Administration and in co- prehensive interagency plan to monitor and Ocean Commission Initiative, and other ex- ordination with other Federal agencies with conduct research on the processes and con- pert scientific bodies and coordinate with

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.077 S05JNPT1 smartinez on PROD1PC64 with SENATE S5232 CONGRESSIONAL RECORD — SENATE June 5, 2008 other relevant Federal interagency commit- (B) the establishment of a long-term moni- (B) the National Aeronautics and Space tees. toring program of ocean acidification uti- Administration; (b) SCOPE.—The plan shall— lizing existing global ocean observing assets (C) the United States Fish and Wildlife (1) provide for interdisciplinary research and adding instrumentation and sampling Service; and among the ocean sciences, and coordinated stations as appropriate to the aims of the re- (D) the United States Geological Survey. research and activities to improve under- search program; (3) Of the amounts made available to carry standing of ocean acidification that will af- (C) research to identify and develop adap- out this title for any fiscal year, the Sec- fect marine ecosystems and to assess the po- tation strategies and techniques for effec- retary, and other departments and agencies tential and realized socio-economic impact tively conserving marine ecosystems as they to which amounts are transferred under of ocean acidification, including— cope with increased ocean acidification; paragraph (2), shall allocate at least 50 per- (A) effects of atmospheric carbon dioxide (D) educational opportunities that encour- cent for competitive grants. on ocean chemistry; age an interdisciplinary and international (B) biological impacts of ocean acidifica- approach to exploring the impacts of ocean SA 4868. Mr. DODD submitted an tion, including research on— acidification; amendment intended to be proposed by (E) national public outreach activities to (i) species, including commercially and him to the bill S. 3036, to direct the Ad- recreationally important species, protected, improve the understanding of ocean acidifi- endangered, or threatened species, and eco- cation and its impacts on marine resources; ministrator of the Environment Pro- logically important calcifiers that lie at the and tection Agency to establish a program base of the food chain; and (F) coordination of ocean acidification re- to decrease emissions of greenhouse (ii) physiological changes in response to search and monitoring with other appro- gases, and for other purposes; which ocean acidification; priate international ocean science bodies was ordered to lie on the table; as fol- (C) identification and assessment of eco- such as the International Oceanographic lows: systems most at risk from projected changes Commission, the International Council for in ocean chemistry, including— the Exploration of the Sea, the North Pacific On page 284, line 7, strike ‘‘States as a re- (i) coastal ecosystems, including Great and others; ward’’ and insert ‘‘States, and the Depart- Lakes ecosystems; (2) provides grants for critical research ment of Housing and Urban Development for (ii) coral reef ecosystems, including deep projects that explore the effects of ocean use in carrying out the HOME Investments sea coral ecosystems; and acidification on ecosystems and the socio- Partnership Program established under title (iii) polar and subpolar ecosystems; economic impacts of increased ocean acidifi- II of the Cranston-Gonzalez National Afford- (D) modeling the changes in ocean chem- cation that are relevant to the goals and pri- able Housing Act (42 U.S.C. 12721 et seq.),’’. istry driven by the increases in ocean carbon orities of the strategic research plan; and On page 285, between lines 3 and 4, insert levels, including ecosystem forecasting; (3) incorporates a competitive merit-based the following: (E) identifying feedback mechanisms re- grant process that may be conducted jointly (c) ALLOCATION TO HUD.—The Adminis- sulting from the ocean chemistry changes with other participating agencies or under trator shall transfer 20 percent of emission such as the decrease in calcification rates in the National Oceanographic Partnership allowances established pursuant to section organisms; Program under section 7901 of title 10, 801 to the Secretary of Housing and Urban (F) socio-economic impacts of ocean acidi- United States Code. Development for use in carrying out the fication, including commercially and (b) ADDITIONAL AUTHORITY.—In conducting HOME Investment Partnership Program es- recreationally important fisheries and coral the Program, the Secretary may enter into tablished under the Cranston-Gonzalez Na- reef communities; and and perform such contracts, leases, grants, tional Affordable Housing Act (42 U.S.C. (G) identifying interactions between ocean or cooperative agreements as may be nec- 12701 et. seq.), for each of calendar years 2012 acidification and other oceanic changes in- essary to carry out the purposes of this title through 2050, for activities that directly in- cluding those associated with climate on such terms as the Secretary deems appro- crease the energy efficiency in units assisted change; priate. with funds made available under this title, (2) establish, for the 10-year period begin- SEC. —306. DEFINITIONS. including increased insulation, air sealing, ning in the year it is submitted, goals, prior- In this title: high performance windows, duct sealing, ities, and guidelines for coordinated activi- (1) COMMITTEE.—The term ‘‘committee’’ high-efficiency heating and cooling equip- ties that will— means the interagency committee on ocean ment, high-efficiency domestic water heat- (A) most effectively advance scientific un- acidification established or designated by ing equipment, high-efficiency lighting sys- derstanding of the characteristics and im- the President under section —303(a)(1). tems and improved controls, high-efficiency pacts of ocean acidification; (2) OCEAN ACIDIFICATION.—The term ‘‘ocean appliances and renewable energy systems (B) provide forecasts of changes in ocean acidification’’ means the change in ocean (such as photovoltaic systems), among other acidification and the consequent impacts on chemistry that is driven by the increase in purposes as determined by the Secretary of marine ecosystems; and ocean carbon levels, and the uptake of chem- Energy in consultation with the Secretary of (C) provide a basis for policy decisions to ical inputs from the atmosphere, including Housing and Urban Development. reduce and manage ocean acidification and anthropogenic carbon dioxide. On page 285, line 4, strike ‘‘(c)’’ and inset its environmental impacts; (3) PROGRAM.—The term ‘‘Program’’ means ‘‘(d)’’. (3) provide an estimate of Federal funding the National Oceanic and Atmospheric Ad- requirements for research and monitoring ministration Ocean Acidification Program activities; and established under section —305. SA 4869. Mr. THUNE submitted an (4) identify and strengthen relevant pro- (4) SECRETARY.—The term ‘‘Secretary’’ amendment intended to be proposed by grams and activities of the Federal agencies means the Secretary of Commerce, acting him to the bill S. 3036, to direct the Ad- and departments that would contribute to through the Administrator of the National ministrator of the Environment Pro- accomplishing the goals of the plan and pre- Oceanic and Atmospheric Administration. tection Agency to establish a program vent unnecessary duplication of efforts, in- SEC. —307. AUTHORIZATION OF APPROPRIA- to decrease emissions of greenhouse cluding making recommendations for the use TIONS. gases, and for other purposes; which of observing systems and technological re- (a) IN GENERAL.—There are authorized to was ordered to lie on the table; as fol- search and development. be appropriated to the National Oceanic and (c) CONSULTATION.—In developing the plan, Atmospheric Administration to carry out lows: the committee may consult with the aca- this title— On page 77, strike lines 17 through 22 and demic community, States, industry, environ- (1) $10,000,000 for fiscal year 2009; insert the following: mental groups, and other relevant stake- (2) $15,000,000 for fiscal year 2010; (1) USE OF INTERNATIONAL ALLOWANCES.— holders. (3) $20,000,000 for fiscal year 2011; On page 78, line 19, strike ‘‘(3)’’ and ‘‘(2)’’. SEC. —305. NOAA OCEAN ACIDIFICATION PRO- (4) $25,000,000 for fiscal year 2012; and On page 78, line 25, strike ‘‘paragraph (2)’’ GRAM. (5) $30,000,000 for fiscal year 2013. and insert ‘‘paragraph (1)’’. (a) IN GENERAL.—The Secretary shall es- (b) ALLOCATION.—Of the amounts appro- On page 79, lines 3 and 4, strike ‘‘notwith- tablish and maintain an ocean acidification priated to the National Oceanic and Atmos- standing paragraph (1),’’. program within the National Oceanic and pheric Administration under subsection (a) On page 79, line 24, strike ‘‘(2)’’ and insert Atmospheric Administration to implement for each fiscal year— ‘‘(1)’’. activities consistent with the strategic re- (1) 40 percent shall be available to, and re- On page 80, line 1, strike ‘‘(4)’’ and insert search and implementation plan developed tained by, the National Oceanic and Atmos- ‘‘(3)’’. by the committee under section —304 that— pheric Administration for use in carrying (1) includes— out its responsibilities under this title; and On page 80, line 9, strike ‘‘within the limi- (A) interdisciplinary research among the (2) 60 percent shall be transferred by the tation under paragraph (1)’’. ocean and atmospheric sciences, and coordi- National Oceanic and Atmospheric Adminis- nated research and activities to improve un- tration in equal amounts to— SA 4870. Mr. LAUTENBERG (for him- derstanding of ocean acidification; (A) the National Science Foundation; self, Mrs. BOXER, Mr. LIEBERMAN, and

VerDate Aug 31 2005 06:56 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.077 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5233 Mr. WARNER) submitted an amendment the credibility, integrity, and consistency of (iii) is on the Executive Schedule under intended to be proposed by him to the the United States Government. subchapter II of chapter 53 of title 5, United bill S. 3036, to direct the Administrator (2) PURPOSE.—The purpose of this section States Code; of the Environment Protection Agency is to protect scientific credibility, integrity, (iv) is a Senior Executive Service position and communication in research and policy- as defined under section 3132 (2) of title 5, to establish a program to decrease making. United States Code, and not a career re- emissions of greenhouse gases, and for (c) PROHIBITION OF POLITICAL INTERFERENCE served position as defined under paragraph other purposes; which was ordered to WITH SCIENCE.— (8) of that section; or lie on the table; as follows: (1) IN GENERAL.—Subchapter V of chapter (v) is in the executive branch of the Gov- At the end of title XI, add the following: 73 of title 5, United States Code, is amended ernment of a confidential or policy-deter- by adding at the end the following: Subtitle E—Aviation Sector mining character under schedule C of sub- ‘‘§ 7354. Interference with science part C of part 213 of title 5 of the Code of SEC. 1141. STUDY BY ADMINISTRATOR OF AVIA- Federal Regulations. TION SECTOR GREENHOUSE GAS ‘‘(a) DEFINITIONS.—In this section— EMISSIONS. ‘‘(1) the term ‘censorship’ means improper (2) REQUIREMENTS.— (a) IN GENERAL.—The Administrator shall prevention of the dissemination of valid and (A) IN GENERAL.—Not later than 48 hours enter into an agreement with the National nonclassified scientific findings, including after an agency publishes a scientific study Academy of Sciences under which the Acad- directing others to do so; or report, including a summary, synthesis, emy shall conduct a study on greenhouse gas ‘‘(2) the term ‘political appointee’ means or analysis of a scientific study or report, emissions associated with the aviation in- an individual who holds a position that— that has been modified to incorporate oral or dustry, including— ‘‘(A) is in the executive branch of the Gov- written comments by a political appointee (1) a determination of appropriate data ernment and requires appointment by the that change the force, meaning, emphasis, necessary to make determinations of emis- President, by and with the advice and con- conclusions, findings, or recommendations of sion inventories, considering fuel use, air- sent of the Senate; the scientific or technical component of the port operations, ground equipment, and all ‘‘(B) is within the Executive Office of the study or report, the head of that agency other sources of emissions in the aviation in- President; shall— dustry; ‘‘(C) is on the Executive Schedule under (i) make available on a departmental or (2) an estimate of projected industry emis- subchapter II of chapter 53 of title 5, United agency website, and on a public docket, if States Code; sions for the following 5-year, 20-year, and any, that is accessible by the public— ‘‘(D) is a Senior Executive Service position 50-year periods; (I) the final version by the principal sci- as defined under section 3132 (2) of title 5, (3) based on existing literature, research entific investigators before review; United States Code, and not a career re- and surveys to determine the existing best (II) the final version as published by the served position as defined under paragraph practices for emission reduction in the avia- agency; and (8) of that section; or tion sector; (III) a version making a comparison of the ‘‘(E) is in the executive branch of the Gov- (4) recommendations on areas of focus for versions described under subclauses (I) and ernment of a confidential or policy-deter- additional research for technologies and op- (II), that identifies— mining character under schedule C of sub- erations with the highest potential to reduce (aa) any modifications; and part C of part 213 of title 5 of the Code of emissions; and (bb) the text making those modifications; Federal Regulations; (ii) identify any political appointee who (5) recommendations of actions that the ‘‘(3) the term ‘scientific’ means relating to Federal Government could take to encourage made those comments; and the natural, physical, environmental, earth, (iii) provide uniform resource locator links or require additional emission reductions. ocean, climate, atmospheric, mathematical, (b) CONSULTATION.—In developing the pa- on that website to both versions and related medical, or social sciences or engineering; rameters of the study under this section, the publications. and Administrator shall conduct the study under (B) PRINTED PUBLICATIONS.—The head of ‘‘(4) the term ‘tampering’ means improp- each agency shall ensure that the printed this section in consultation with— erly altering or obstructing so as to substan- (1) the Secretary of Transportation, acting publication of any summary, synthesis, or tially distort, or directing others to do so. analysis of a scientific study or report de- through the Administrator of the Federal N GENERAL.—A political appointee ‘‘(b) I scribed under subparagraph (A) shall include Aviation Administration; and may not engage in any of the following: a reference to the website described under (2) other appropriate Federal agencies and ‘‘(1) Tampering with the conduct or find- that paragraph. departments. ings of federally funded scientific research or (3) FORMAT AND EASE OF COMPARISON.—The analysis. versions of any study or report described SA 4871. Mr. LAUTENBERG (for him- ‘‘(2) Censorship of findings of federally under paragraph (2) shall be made avail- self and Mr. MENENDEZ) submitted an funded scientific research or analysis. able— amendment intended to be proposed by ‘‘(3) Directing the dissemination of sci- (A) in a format that is generally available him to the bill S. 3036, to direct the Ad- entific information known by the directing to the public; and political appointee to be false or misleading. ministrator of the Environmental Pro- (B) in the same format and accessible on tection Agency to establish a program ‘‘(c) ENFORCEMENT.—A political appointee who violates this section shall be subject to the same page with equal prominence, or in to decrease emissions of greenhouse appropriate disciplinary action by the em- any other manner that facilitates compari- gases, and for other purposes; which ploying agency or entity. son of the 2 versions. was ordered to lie on the table; as fol- ‘‘(d) REGULATIONS.—The Office of Govern- (e) STATE OF SCIENTIFIC INTEGRITY RE- lows: ment Ethics may issue regulations imple- PORT.—Not later than 1 year after the date of enactment of this Act, and each year there- At the appropriate place, insert the fol- menting this section.’’. after, the Comptroller General shall submit lowing: (2) TECHNICAL AND CONFORMING AMEND- MENT.—The table of sections for chapter 73 of a report to Congress on compliance with the SEC. lll. PROTECTION OF SCIENTIFIC CREDI- requirements of section 7354 of title 5, United BILITY, INTEGRITY, AND COMMU- title 5, is amended by inserting after the NICATION. item relating to section 7353 the following: States Code, (as added by subsection (c) of (a) SHORT TITLE.—This section may be ‘‘7354. Interference with science.’’. this section) and section (d) of this section. cited as the ‘‘Protect Science Act of 2008’’. (d) PUBLICATION REQUIREMENT RELATING TO (b) FINDINGS AND PURPOSE.— SCIENTIFIC STUDIES AND REPORTS.— SA 4872. Mr. ALEXANDER (for him- (1) FINDINGS.—Congress finds the following: (1) DEFINITIONS.—In this section: self and Mr. MARTINEZ) submitted an (A) Scientific research and innovation is a (A) AGENCY.—The term ‘‘agency’’ has the amendment intended to be proposed by principal component to American prosperity. meaning given under section 551(1) of title 5, him to the bill S. 3036, to direct the Ad- (B) There have been numerous cases where United States Code. ministrator of the Environmental Pro- Federal scientific studies and reports have (B) SCIENTIFIC.—The term ‘‘scientific’’ tection Agency to establish a program been altered by political appointees and Fed- means relating to the natural, physical, en- to decrease emissions of greenhouse eral employees to misrepresent or omit in- vironmental, earth, ocean, climate, atmos- formation. pheric, mathematical, medical, or social gases, and for other purposes; which (C) Political interference has also resulted sciences or engineering. was ordered to lie on the table; as fol- in— (C) POLITICAL APPOINTEE.—The term ‘‘po- lows: (i) the censorship of scientific information litical appointee’’ means an individual who Beginning on page 21, strike line 24 and all and documents requested by Congress; holds a position that— that follows through page 22, line 4. (ii) the delayed release of Government (i) is in the executive branch of the Gov- On page 22, line 5, strike ‘‘(G)’’ and insert science reports; and ernment and requires appointment by the ‘‘(F)’’. (iii) the denial of media access to scientific President, by and with the advice and con- On page 22, line 9, strike ‘‘(H)’’ and insert researchers. sent of the Senate; ‘‘(G)’’. (D) Such political interference with (ii) is within the Executive Office of the On page 22, line 14, strike ‘‘(I)’’ and insert science in the Federal agencies undermines President; ‘‘(H)’’.

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.089 S05JNPT1 smartinez on PROD1PC64 with SENATE S5234 CONGRESSIONAL RECORD — SENATE June 5, 2008 On page 65, line 13, strike ‘‘use’’ and insert Sec. 121. Prohibition on exports. political subdivision of a new producing ‘‘manufacture’’. Sec. 122. Allocation of revenues. State any part of which political subdivision On page 65, line 16, insert ‘‘refined or’’ be- Subtitle C—Permitting is— fore ‘‘manufactured’’. Sec. 131. Refinery permitting process. ‘‘(A) within the coastal zone (as defined in Sec. 132. Removal of additional fee for new section 304 of the Coastal Zone Management SA 4873. Mr. CHAMBLISS (for him- applications for permits to Act of 1972 (16 U.S.C. 1453)) of the new pro- self and Mr. ROBERTS) submitted an drill. ducing State as of the date of enactment of amendment intended to be proposed by this section; and Subtitle D—Restoration of State Revenue ‘‘(B) not more than 200 nautical miles from him to the bill S. 3036, to direct the Ad- Sec. 141. Restoration of State revenue. the geographic center of any leased tract. ministrator of the Environmental Pro- TITLE II—ALTERNATIVE RESOURCES ‘‘(2) MORATORIUM AREA.— tection Agency to establish a program Subtitle A—Renewable Fuel and Advanced ‘‘(A) IN GENERAL.—The term ‘moratorium to decrease emissions of greenhouse Energy Technology area’ means an area covered by sections 104 gases, and for other purposes; which Sec. 201. Definition of renewable biomass. through 105 of the Department of the Inte- was ordered to lie on the table; as fol- Sec. 202. Advanced battery manufacturing rior, Environment, and Related Agencies Ap- lows: incentive program. propriations Act, 2008 (Public Law 110–161; Sec. 203. Biofuels infrastructure and addi- 121 Stat. 2118) (as in effect on the day before On page 161, between lines 6 and 7, insert the date of enactment of this section). the following: tives research and development. Sec. 204. Study of increased consumption of ‘‘(B) EXCLUSION.—The term ‘moratorium SEC. 530. ACTION UPON HIGHER FARM FUEL ethanol-blended gasoline with area’ does not include an area located in the PRICES CAUSED BY THIS ACT. Gulf of Mexico. (a) DETERMINATION OF HIGHER FARM FUEL higher levels of ethanol. Sec. 205. Study of diesel vehicle attributes. ‘‘(3) NEW PRODUCING AREA.—The term ‘new PRICES CAUSED BY THIS ACT.—Not less than producing area’ means any moratorium area Subtitle B—Clean Coal-Derived Fuels for annually, the Secretary of Agriculture, in within the offshore administrative bound- Energy Security consultation with the Secretary of Energy, aries beyond the submerged land of a State the Secretary of Transportation, and the Ad- Sec. 211. Short title. that is located greater than 50 miles from ministrator, shall determine whether imple- Sec. 212. Definitions. the coastline of the State. Sec. 213. Clean coal-derived fuel program. mentation of this Act has caused the average ‘‘(4) NEW PRODUCING STATE.—The term ‘new retail price of fuel used to plant, manage, Subtitle C—Oil Shale producing State’ means a State that has, harvest, dry, or transport agricultural crops Sec. 221. Removal of prohibition on final within the offshore administrative bound- to increase since the date of enactment of regulations for commercial aries beyond the submerged land of the this Act. leasing program for oil shale re- State, a new producing area available for oil (b) ADMINISTRATOR ACTION.—Notwith- sources on public land. and gas leasing under subsection (b). standing any other provision of this Act, ‘‘(5) OFFSHORE ADMINISTRATIVE BOUND- upon a determination under subsection (a) of Subtitle D—Department of Defense Facilita- tion of Secure Domestic Fuel Development ARIES.—The term ‘offshore administrative higher farm fuel prices caused by this Act, boundaries’ means the administrative bound- Sec. 231. Procurement and acquisition of al- the Administrator shall suspend such provi- aries established by the Secretary beyond ternative fuels. sions of this Act as the Administrator deter- State submerged land for planning, coordina- Sec. 232. Multiyear contract authority for mines are necessary until implementation of tion, and administrative purposes of the De- the Department of Defense for the provisions no longer causes a farm fuel partment of the Interior and published in the the procurement of synthetic price increase. Federal Register on January 3, 2006 (71 Fed. fuels. Reg. 127). SEC. 2. DEFINITION OF SECRETARY. SA 4874. Mr. DOMENICI (for himself ‘‘(6) QUALIFIED OUTER CONTINENTAL SHELF and Mr. CHAMBLISS) submitted an In this Act, the term ‘‘Secretary’’ means REVENUES.— amendment intended to be proposed by the Secretary of Energy. ‘‘(A) IN GENERAL.—The term ‘qualified him to the bill S. 3036, to direct the Ad- TITLE I—TRADITIONAL RESOURCES outer Continental Shelf revenues’ means all ministrator of the Environmental Pro- Subtitle A—Outer Continental Shelf rentals, royalties, bonus bids, and other tection Agency to establish a program SEC. 101. PUBLICATION OF PROJECTED STATE sums due and payable to the United States to decrease emissions of greenhouse LINES ON OUTER CONTINENTAL from leases entered into on or after the date gases, and for other purposes; which SHELF. of enactment of this section for new pro- ducing areas. was ordered to lie on the table; as fol- Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is ‘‘(B) EXCLUSIONS.—The term ‘qualified lows: amended— outer Continental Shelf revenues’ does not In lieu of the matter proposed to be in- (1) by designating the first, second, and include— serted, insert the following: third sentences as clause (i), (iii), and (iv), ‘‘(i) revenues from a bond or other surety SECTION 1. SHORT TITLE; TABLE OF CONTENTS. respectively; forfeited for obligations other than the col- (a) SHORT TITLE.—This Act may be cited as (2) in clause (i) (as so designated), by in- lection of royalties; the ‘‘American Energy Production Act of serting before the period at the end the fol- ‘‘(ii) revenues from civil penalties; 2008’’. lowing: ‘‘not later than 90 days after the date ‘‘(iii) royalties taken by the Secretary in- (b) TABLE OF CONTENTS.—The table of con- of enactment of the American Energy Pro- kind and not sold; tents of this Act is as follows: duction Act of 2008’’; and ‘‘(iv) revenues generated from leases sub- Sec. 1. Short title; table of contents. (3) by inserting after clause (i) (as so des- ject to section 8(g); or Sec. 2. Definition of Secretary. ignated) the following: ‘‘(v) any revenues considered qualified outer Continental Shelf revenues under sec- TITLE I—TRADITIONAL RESOURCES ‘‘(ii)(I) The projected lines shall also be used for the purpose of preleasing and leas- tion 102 of the Gulf of Mexico Energy Secu- Subtitle A—Outer Continental Shelf ing activities conducted in new producing rity Act of 2006 (43 U.S.C. 1331 note; Public Sec. 101. Publication of projected State lines areas under section 32. Law 109–432). on outer Continental Shelf. ‘‘(II) This clause shall not affect any prop- ‘‘(b) PETITION FOR LEASING NEW PRODUCING Sec. 102. Production of oil and natural gas in erty right or title to Federal submerged land AREAS.— new producing areas. on the outer Continental Shelf. ‘‘(1) IN GENERAL.—Beginning on the date on Sec. 103. Conforming amendment. ‘‘(III) In carrying out this clause, the which the President delineates projected Subtitle B—Leasing Program for Land President shall consider the offshore admin- State lines under section 4(a)(2)(A)(ii), the Within Coastal Plain istrative boundaries beyond State submerged Governor of a State with a new producing Sec. 111. Definitions. lands for planning, coordination, and admin- area within the offshore administrative Sec. 112. Leasing program for land within istrative purposes of the Department of the boundaries beyond the submerged land of the the Coastal Plain. Interior, but may establish different bound- State may submit to the Secretary a peti- Sec. 113. Lease sales. aries.’’. tion requesting that the Secretary make the Sec. 114. Grant of leases by the Secretary. SEC. 102. PRODUCTION OF OIL AND NATURAL new producing area available for oil and gas Sec. 115. Lease terms and conditions. GAS IN NEW PRODUCING AREAS. leasing. Sec. 116. Coastal Plain environmental pro- The Outer Continental Shelf Lands Act (43 ‘‘(2) ACTION BY SECRETARY.—Notwith- tection. U.S.C. 1331 et seq.) is amended by adding at standing section 18, as soon as practicable Sec. 117. Expedited judicial review. the end the following: after receipt of a petition under paragraph Sec. 118. Rights-of-way and easements ‘‘SEC. 32. PRODUCTION OF OIL AND NATURAL (1), the Secretary shall approve the petition across Coastal Plain. GAS IN NEW PRODUCING AREAS. if the Secretary determines that leasing the Sec. 119. Conveyance. ‘‘(a) DEFINITIONS.—In this section: new producing area would not create an un- Sec. 120. Local government impact aid and ‘‘(1) COASTAL POLITICAL SUBDIVISION.—The reasonable risk of harm to the marine, community service assistance. term ‘coastal political subdivision’ means a human, or coastal environment.

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‘‘(c) DISPOSITION OF QUALIFIED OUTER CON- ‘‘(A) be made available, without further ap- (B) to administer this subtitle through reg- TINENTAL SHELF REVENUES FROM NEW PRO- propriation, in accordance with this sub- ulations, lease terms, conditions, restric- DUCING AREAS.— section; tions, prohibitions, stipulations, and other ‘‘(1) IN GENERAL.—Notwithstanding section ‘‘(B) remain available until expended; and provisions that— 9 and subject to the other provisions of this ‘‘(C) be in addition to any amounts appro- (i) ensure the oil and gas exploration, de- subsection, for each applicable fiscal year, priated under— velopment, and production activities on the the Secretary of the Treasury shall deposit— ‘‘(i) other provisions of this Act; Coastal Plain will result in no significant ad- ‘‘(A) 50 percent of qualified outer Conti- ‘‘(ii) the Land and Water Conservation verse effect on fish and wildlife, their habi- nental Shelf revenues in the general fund of Fund Act of 1965 (16 U.S.C. 460l–4 et seq.); or tat, subsistence resources, and the environ- the Treasury; and ‘‘(iii) any other provision of law. ment; and ‘‘(B) 50 percent of qualified outer Conti- ‘‘(d) DISPOSITION OF QUALIFIED OUTER CON- (ii) require the application of the best com- nental Shelf revenues in a special account in TINENTAL SHELF REVENUES FROM OTHER mercially available technology for oil and the Treasury from which the Secretary shall AREAS.—Notwithstanding section 9, for each gas exploration, development, and produc- disburse— applicable fiscal year, the terms and condi- tion to all exploration, development, and ‘‘(i) 75 percent to new producing States in tions of subsection (c) shall apply to the dis- production operations under this subtitle in accordance with paragraph (2); and position of qualified outer Continental Shelf a manner that ensures the receipt of fair ‘‘(ii) 25 percent to provide financial assist- revenues that— market value by the public for the mineral ance to States in accordance with section 6 ‘‘(1) are derived from oil or gas leasing in resources to be leased. of the Land and Water Conservation Fund an area that is not included in the current 5- (b) REPEAL.— Act of 1965 (16 U.S.C. 460l–8), which shall be year plan of the Secretary for oil or gas leas- (1) REPEAL.—Section 1003 of the Alaska Na- considered income to the Land and Water ing; and tional Interest Lands Conservation Act (16 Conservation Fund for purposes of section 2 ‘‘(2) are not assumed in the budget of the U.S.C. 3143) is repealed. of that Act (16 U.S.C. 460l–5). United States Government submitted by the (2) CONFORMING AMENDMENT.—The table of ‘‘(2) ALLOCATION TO NEW PRODUCING STATES President under section 1105 of title 31, contents contained in section 1 of that Act AND COASTAL POLITICAL SUBDIVISIONS.— United States Code.’’. (16 U.S.C. 3101 note) is amended by striking ‘‘(A) ALLOCATION TO NEW PRODUCING SEC. 103. CONFORMING AMENDMENT. the item relating to section 1003. (c) COMPLIANCE WITH REQUIREMENTS UNDER STATES.—Effective for fiscal year 2008 and Sections 104 through 105 of the Department CERTAIN OTHER LAWS.— each fiscal year thereafter, the amount made of the Interior, Environment, and Related (1) COMPATIBILITY.—For purposes of the available under paragraph (1)(B)(i) shall be Agencies Appropriations Act, 2008 (Public National Wildlife Refuge System Adminis- allocated to each new producing State in Law 110–161; 121 Stat. 2118) are repealed. amounts (based on a formula established by tration Act of 1966 (16 U.S.C. 668dd et seq.)— Subtitle B—Leasing Program for Land Within the Secretary by regulation) proportional to (A) the oil and gas pre-leasing and leasing the amount of qualified outer Continental Coastal Plain program, and activities authorized by this Shelf revenues generated in the new pro- SEC. 111. DEFINITIONS. section in the Coastal Plain, shall be consid- ducing area offshore each State. In this subtitle: ered to be compatible with the purposes for ‘‘(B) PAYMENTS TO COASTAL POLITICAL SUB- (1) COASTAL PLAIN.—The term ‘‘Coastal which the Arctic National Wildlife Refuge DIVISIONS.— Plain’’ means that area identified as the was established; and ‘‘(i) IN GENERAL.—The Secretary shall pay ‘‘1002 Coastal Plain Area’’ on the map. (B) no further findings or decisions shall be 20 percent of the allocable share of each new (2) FEDERAL AGREEMENT.—The term ‘‘Fed- required to implement that program and producing State, as determined under sub- eral Agreement’’ means the Federal Agree- those activities. paragraph (A), to the coastal political sub- ment and Grant Right-of-Way for the Trans- (2) ADEQUACY OF THE DEPARTMENT OF THE divisions of the new producing State. Alaska Pipeline issued on January 23, 1974, INTERIOR’S LEGISLATIVE ENVIRONMENTAL IM- ‘‘(ii) ALLOCATION.—The amount paid by the in accordance with section 28 of the Mineral PACT STATEMENT.—The Final Statement Secretary to coastal political subdivisions Leasing Act (30 U.S.C. 185) and the Trans- shall be considered to satisfy the require- shall be allocated to each coastal political Alaska Pipeline Authorization Act (43 U.S.C. ments under the National Environmental subdivision in accordance with subpara- 1651 et seq.). Policy Act of 1969 (42 U.S.C. 4321 et seq.) that graphs (B) and (C) of section 31(b)(4). (3) FINAL STATEMENT.—The term ‘‘Final apply with respect to pre-leasing activities, ‘‘(3) MINIMUM ALLOCATION.—The amount al- Statement’’ means the final legislative envi- including exploration programs and actions located to a new producing State for each ronmental impact statement on the Coastal authorized to be taken by the Secretary to fiscal year under paragraph (2) shall be at Plain, dated April 1987, and prepared pursu- develop and promulgate the regulations for least 5 percent of the amounts available ant to section 1002 of the Alaska National In- the establishment of a leasing program au- under for the fiscal year under paragraph terest Lands Conservation Act (16 U.S.C. thorized by this subtitle before the conduct (1)(B)(i). 3142) and section 102(2)(C) of the National En- of the first lease sale. ‘‘(4) TIMING.—The amounts required to be vironmental Policy Act of 1969 (42 U.S.C. (3) COMPLIANCE WITH NEPA FOR OTHER AC- deposited under subparagraph (B) of para- 4332(2)(C)). TIONS.— graph (1) for the applicable fiscal year shall (4) MAP.—The term ‘‘map’’ means the map (A) IN GENERAL.—Before conducting the be made available in accordance with that entitled ‘‘Arctic National Wildlife Refuge’’, first lease sale under this subtitle, the Sec- subparagraph during the fiscal year imme- dated September 2005, and prepared by the retary shall prepare an environmental im- diately following the applicable fiscal year. United States Geological Survey. pact statement in accordance with the Na- ‘‘(5) AUTHORIZED USES.— (5) SECRETARY.—The term ‘‘Secretary’’ tional Environmental Policy Act of 1969 (42 ‘‘(A) IN GENERAL.—Subject to subparagraph means the Secretary of the Interior (or the U.S.C. 4321 et seq.) with respect to the ac- (B), each new producing State and coastal designee of the Secretary), acting through tions authorized by this subtitle that are not political subdivision shall use all amounts the Director of the Bureau of Land Manage- referred to in paragraph (2). received under paragraph (2) in accordance ment in consultation with the Director of (B) IDENTIFICATION AND ANALYSIS.—Not- with all applicable Federal and State laws, the United States Fish and Wildlife Service withstanding any other provision of law, in only for 1 or more of the following purposes: and in coordination with a State coordinator carrying out this paragraph, the Secretary ‘‘(i) Projects and activities for the purposes appointed by the Governor of the State of shall not be required— of coastal protection, including conserva- Alaska. (i) to identify nonleasing alternative tion, coastal restoration, hurricane protec- SEC. 112. LEASING PROGRAM FOR LAND WITHIN courses of action; or tion, and infrastructure directly affected by THE COASTAL PLAIN. (ii) to analyze the environmental effects of coastal wetland losses. (a) IN GENERAL.— those courses of action. ‘‘(ii) Mitigation of damage to fish, wildlife, (1) AUTHORIZATION.—Congress authorizes (C) IDENTIFICATION OF PREFERRED ACTION.— or natural resources. the exploration, leasing, development, pro- Not later than 18 months after the date of ‘‘(iii) Implementation of a federally ap- duction, and economically feasible and pru- enactment of this Act, the Secretary shall— proved marine, coastal, or comprehensive dent transportation of oil and gas in and (i) identify only a preferred action and a conservation management plan. from the Coastal Plain. single leasing alternative for the first lease ‘‘(iv) Mitigation of the impact of outer (2) ACTIONS.—The Secretary shall take sale authorized under this subtitle; and Continental Shelf activities through the such actions as are necessary— (ii) analyze the environmental effects and funding of onshore infrastructure projects. (A) to establish and implement, in accord- potential mitigation measures for those 2 al- ‘‘(v) Planning assistance and the adminis- ance with this subtitle, a competitive oil and ternatives. trative costs of complying with this section. gas leasing program that will result in an en- (D) PUBLIC COMMENTS.—In carrying out ‘‘(B) LIMITATION.—Not more than 3 percent vironmentally sound program for the explo- this paragraph, the Secretary shall consider of amounts received by a new producing ration, development, and production of the only public comments that are filed not later State or coastal political subdivision under oil and gas resources of the Coastal Plain than 20 days after the date of publication of paragraph (2) may be used for the purposes while taking into consideration the interests a draft environmental impact statement. described in subparagraph (A)(v). and concerns of residents of the Coastal (E) EFFECT OF COMPLIANCE.—Notwith- ‘‘(6) ADMINISTRATION.—Amounts made Plain, which is the homeland of the standing any other provision of law, compli- available under paragraph (1)(B) shall— Kaktovikmiut Inupiat; and ance with this paragraph shall be considered

VerDate Aug 31 2005 06:56 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.102 S05JNPT1 smartinez on PROD1PC64 with SENATE S5236 CONGRESSIONAL RECORD — SENATE June 5, 2008 to satisfy all requirements for the analysis (3) public notice of and comment on des- (7) provide that each lessee, and each agent and consideration of the environmental ef- ignation of areas to be included in, or ex- and contractor of a lessee, use their best ef- fects of proposed leasing under this subtitle. cluded from, a lease sale. forts to provide a fair share of employment (d) RELATIONSHIP TO STATE AND LOCAL AU- (c) LEASE SALE BIDS.—Bidding for leases and contracting for Alaska Natives and Alas- THORITY.—Nothing in this subtitle expands under this subtitle shall be by sealed com- ka Native Corporations from throughout the or limits any State or local regulatory au- petitive cash bonus bids. State of Alaska, as determined by the level thority. (d) ACREAGE MINIMUM IN FIRST SALE.—For of obligation previously agreed to in the Fed- (e) SPECIAL AREAS.— the first lease sale under this subtitle, the eral Agreement; and (1) DESIGNATION.— Secretary shall offer for lease those tracts (8) contain such other provisions as the (A) IN GENERAL.—The Secretary, after con- the Secretary considers to have the greatest Secretary determines to be necessary to en- sultation with the State of Alaska, the potential for the discovery of hydrocarbons, sure compliance with this subtitle and regu- North Slope Borough, Alaska, and the City taking into consideration nominations re- lations issued under this subtitle. of Kaktovik, Alaska, may designate not ceived pursuant to subsection (b)(1), but in (b) PROJECT LABOR AGREEMENTS.—The Sec- more than 45,000 acres of the Coastal Plain no case less than 200,000 acres. retary, as a term and condition of each lease as a special area if the Secretary determines (e) TIMING OF LEASE SALES.—The Secretary under this subtitle, and in recognizing the shall— that the special area would be of such unique proprietary interest of the Federal Govern- (1) not later than 22 months after the date character and interest as to require special ment in labor stability and in the ability of of enactment of this Act, conduct the first management and regulatory protection. construction labor and management to meet lease sale under this subtitle; (B) SADLEROCHIT SPRING AREA.—The Sec- the particular needs and conditions of retary shall designate as a special area in ac- (2) not later than September 30, 2012, con- projects to be developed under the leases cordance with subparagraph (A) the duct a second lease sale under this subtitle; issued pursuant to this subtitle (including Sadlerochit Spring area, comprising approxi- and the special concerns of the parties to those mately 4,000 acres as depicted on the map. (3) conduct additional sales at appropriate leases), shall require that each lessee, and (2) MANAGEMENT.—The Secretary shall intervals if sufficient interest in exploration each agent and contractor of a lessee, under manage each special area designated under or development exists to warrant the con- this subtitle negotiate to obtain a project this subsection in a manner that— duct of the additional sales. labor agreement for the employment of la- (A) respects and protects the Native people SEC. 114. GRANT OF LEASES BY THE SECRETARY. borers and mechanics on production, mainte- of the area; and (a) IN GENERAL.—Upon payment by a lessee nance, and construction under the lease. (B) preserves the unique and diverse char- of such bonus as may be accepted by the Sec- SEC. 116. COASTAL PLAIN ENVIRONMENTAL PRO- acter of the area, including fish, wildlife, retary, the Secretary may grant to the high- TECTION. subsistence resources, and cultural values of est responsible qualified bidder in a lease (a) NO SIGNIFICANT ADVERSE EFFECT the area. sale conducted pursuant to section 113 a STANDARD TO GOVERN AUTHORIZED COASTAL lease for any land on the Coastal Plain. (3) EXCLUSION FROM LEASING OR SURFACE PLAIN ACTIVITIES.—In accordance with sec- (b) SUBSEQUENT TRANSFERS.— OCCUPANCY.— tion 112, the Secretary shall administer this (1) IN GENERAL.—No lease issued under this (A) IN GENERAL.—The Secretary may ex- subtitle through regulations, lease terms, subtitle may be sold, exchanged, assigned, clude any special area designated under this conditions, restrictions, prohibitions, stipu- sublet, or otherwise transferred except with subsection from leasing. lations, or other provisions that— the approval of the Secretary. (B) NO SURFACE OCCUPANCY.—If the Sec- (1) ensure, to the maximum extent prac- (2) CONDITION FOR APPROVAL.—Before retary leases all or a portion of a special ticable, that oil and gas exploration, devel- granting any approval described in para- area for the purposes of oil and gas explo- opment, and production activities on the graph (1), the Secretary shall consult with ration, development, production, and related Coastal Plain will result in no significant ad- and give due consideration to the opinion of activities, there shall be no surface occu- verse effect on fish and wildlife, fish and the Attorney General. pancy of the land comprising the special wildlife habitat, and the environment; area. SEC. 115. LEASE TERMS AND CONDITIONS. (2) require the application of the best com- (a) IN GENERAL.—An oil or gas lease issued (4) DIRECTIONAL DRILLING.—Notwith- mercially available technology for oil and pursuant to this subtitle shall— standing any other provision of this sub- gas exploration, development, and produc- (1) provide for the payment of a royalty of section, the Secretary may lease all or a por- tion on all new exploration, development, not less than 161⁄2 percent of the amount or tion of a special area under terms that per- and production operations; and value of the production removed or sold from mit the use of horizontal drilling technology (3) ensure that the maximum surface acre- the lease, as determined by the Secretary in from sites on leases located outside the spe- age covered in connection with the leasing accordance with regulations applicable to cial area. program by production and support facili- other Federal oil and gas leases; (f) LIMITATION ON CLOSED AREAS.—The Sec- ties, including airstrips and any areas cov- retary may not close land within the Coastal (2) provide that the Secretary may close, ered by gravel berms or piers for support of Plain to oil and gas leasing or to explo- on a seasonal basis, such portions of the pipelines, does not exceed 2,000 acres on the ration, development, or production except in Coastal Plain to exploratory drilling activi- Coastal Plain. accordance with this subtitle. ties as are necessary to protect caribou (b) SITE-SPECIFIC ASSESSMENT AND MITIGA- (g) REGULATIONS.— calving areas and other species of fish and TION.—The Secretary shall require, with re- (1) IN GENERAL.—Not later than 15 months wildlife; spect to any proposed drilling and related ac- after the date of enactment of this Act, in (3) require that each lessee of land within tivities on the Coastal Plain, that— consultation with appropriate agencies of the Coastal Plain shall be fully responsible (1) a site-specific environmental analysis the State of Alaska, the North Slope Bor- and liable for the reclamation of land within be made of the probable effects, if any, that ough, Alaska, and the City of Kaktovik, the Coastal Plain and any other Federal land the drilling or related activities will have on Alaska, the Secretary shall issue such regu- that is adversely affected in connection with fish and wildlife, fish and wildlife habitat, lations as are necessary to carry out this exploration, development, production, or subsistence resources, subsistence uses, and subtitle, including rules and regulations re- transportation activities within the Coastal the environment; lating to protection of the fish and wildlife, Plain conducted by the lessee or by any of (2) a plan be implemented to avoid, mini- fish and wildlife habitat, and subsistence re- the subcontractors or agents of the lessee; mize, and mitigate (in that order and to the sources of the Coastal Plain. (4) provide that the lessee may not dele- maximum extent practicable) any signifi- (2) REVISION OF REGULATIONS.—The Sec- gate or convey, by contract or otherwise, cant adverse effect identified under para- retary may periodically review and, as ap- that reclamation responsibility and liability graph (1); and propriate, revise the rules and regulations to another person without the express writ- (3) the development of the plan occur after issued under paragraph (1) to reflect any sig- ten approval of the Secretary; consultation with— nificant scientific or engineering data that (5) provide that the standard of reclama- (A) each agency having jurisdiction over come to the attention of the Secretary. tion for land required to be reclaimed under matters mitigated by the plan; SEC. 113. LEASE SALES. this subtitle shall be, to the maximum ex- (B) the State of Alaska; (a) IN GENERAL.—Land may be leased pur- tent practicable— (C) North Slope Borough, Alaska; and suant to this subtitle to any person qualified (A) a condition capable of supporting the (D) the City of Kaktovik, Alaska. to obtain a lease for deposits of oil and gas uses that the land was capable of supporting (c) REGULATIONS TO PROTECT COASTAL under the Mineral Leasing Act (30 U.S.C. 181 prior to any exploration, development, or PLAIN FISH AND WILDLIFE RESOURCES, SUB- et seq.). production activities; or SISTENCE USERS, AND THE ENVIRONMENT.—Be- (b) PROCEDURES.—The Secretary shall, by (B) upon application by the lessee, to a fore implementing the leasing program au- regulation, establish procedures for— higher or better standard, as approved by the thorized by this subtitle, the Secretary shall (1) receipt and consideration of sealed Secretary; prepare and issue regulations, lease terms, nominations for any area in the Coastal (6) contain terms and conditions relating conditions, restrictions, prohibitions, stipu- Plain for inclusion in, or exclusion (as pro- to protection of fish and wildlife, fish and lations, or other measures designed to en- vided in subsection (c)) from, a lease sale; wildlife habitat, subsistence resources, and sure, to the maximum extent practicable, (2) the holding of lease sales after that the environment as required under section that the activities carried out on the Coastal nomination process; and 112(a)(2); Plain under this subtitle are conducted in a

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manner consistent with the purposes and en- (6) treatment and disposal of hazardous (1) DEADLINE.—A complaint seeking judi- vironmental requirements of this subtitle. and toxic wastes, solid wastes, reserve pit cial review of a provision of this subtitle or (d) COMPLIANCE WITH FEDERAL AND STATE fluids, drilling muds and cuttings, and do- an action of the Secretary under this sub- ENVIRONMENTAL LAWS AND OTHER REQUIRE- mestic wastewater, including, in accordance title shall be filed— MENTS.—The proposed regulations, lease with applicable Federal and State environ- (A) except as provided in subparagraph (B), terms, conditions, restrictions, prohibitions, mental laws (including regulations)— during the 90-day period beginning on the and stipulations for the leasing program (A) preparation of an annual waste man- date on which the action being challenged under this subtitle shall require— agement report; was carried out; or (1) compliance with all applicable provi- (B) development and implementation of a (B) in the case of a complaint based solely sions of Federal and State environmental hazardous materials tracking system; and on grounds arising after the 90-day period de- law (including regulations); (C) prohibition on the use of chlorinated scribed in subparagraph (A), during the 90- (2) implementation of and compliance solvents; day period beginning on the date on which with— (7) fuel storage and oil spill contingency the complainant knew or reasonably should (A) standards that are at least as effective planning; have known about the grounds for the com- as the safety and environmental mitigation (8) conduct of periodic field crew environ- plaint. measures, as described in items 1 through 29 mental briefings; (2) VENUE.—A complaint seeking judicial (9) avoidance of significant adverse effects on pages 167 through 169 of the Final State- review of a provision of this subtitle or an on subsistence hunting, fishing, and trap- ment, on the Coastal Plain; action of the Secretary under this subtitle ping; (B) seasonal limitations on exploration, de- shall be filed in the United States Court of (10) compliance with applicable air and velopment, and related activities, as nec- Appeals for the District of Columbia. water quality standards; essary, to avoid significant adverse effects (3) SCOPE.— (11) appropriate seasonal and safety zone during periods of concentrated fish and wild- (A) IN GENERAL.—Judicial review of a deci- designations around well sites, within which life breeding, denning, nesting, spawning, sion of the Secretary under this subtitle (in- subsistence hunting and trapping shall be and migration; cluding an environmental analysis of such a limited; and (C) design safety and construction stand- lease sale) shall be— (12) development and implementation of (i) limited to a review of whether the deci- ards for all pipelines and any access and such other protective environmental require- service roads that minimize, to the max- sion is in accordance with this subtitle; and ments, restrictions, terms, or conditions as (ii) based on the administrative record of imum extent practicable, adverse effects the Secretary, after consultation with the on— the decision. State of Alaska, North Slope Borough, Alas- (B) PRESUMPTIONS.—Any identification by (i) the passage of migratory species (such ka, and the City of Kaktovik, Alaska, deter- as caribou); and the Secretary of a preferred course of action mines to be necessary. relating to a lease sale, and any analysis by (ii) the flow of surface water by requiring (e) CONSIDERATIONS.—In preparing and the Secretary of environmental effects, the use of culverts, bridges, or other struc- issuing regulations, lease terms, conditions, under this subtitle shall be presumed to be tural devices; restrictions, prohibitions, or stipulations correct unless proven otherwise by clear and (D) prohibitions on general public access under this section, the Secretary shall take to, and use of, all pipeline access and service into consideration— convincing evidence. (b) LIMITATION ON OTHER REVIEW.—Any ac- roads; (1) the stipulations and conditions that tion of the Secretary that is subject to judi- (E) stringent reclamation and rehabilita- govern the National Petroleum Reserve- cial review under this section shall not be tion requirements in accordance with this Alaska leasing program, as set forth in the subject to judicial review in any civil or subtitle for the removal from the Coastal 1999 Northeast National Petroleum Reserve- criminal proceeding for enforcement. Plain of all oil and gas development and pro- Alaska Final Integrated Activity Plan/Envi- duction facilities, structures, and equipment ronmental Impact Statement; SEC. 118. RIGHTS-OF-WAY AND EASEMENTS on completion of oil and gas production oper- (2) the environmental protection standards ACROSS COASTAL PLAIN. ations, except in a case in which the Sec- that governed the initial Coastal Plain seis- For purposes of section 1102(4)(A) of the retary determines that those facilities, mic exploration program under parts 37.31 Alaska National Interest Lands Conserva- structures, or equipment— through 37.33 of title 50, Code of Federal Reg- tion Act (16 U.S.C. 3162(4)(A)), any rights-of- (i) would assist in the management of the ulations (or successor regulations); and way or easements across the Coastal Plain Arctic National Wildlife Refuge; and (3) the land use stipulations for explor- for the exploration, development, produc- (ii) are donated to the United States for atory drilling on the KIC–ASRC private land tion, or transportation of oil and gas shall be that purpose; described in Appendix 2 of the agreement be- considered to be established incident to the (F) appropriate prohibitions or restrictions tween Arctic Slope Regional Corporation and management of the Coastal Plain under this on— the United States dated August 9, 1983. section. (i) access by all modes of transportation; (f) FACILITY CONSOLIDATION PLANNING.— SEC. 119. CONVEYANCE. (ii) sand and gravel extraction; and (1) IN GENERAL.—After providing for public Notwithstanding section 1302(h)(2) of the (iii) use of explosives; notice and comment, the Secretary shall pre- Alaska National Interest Lands Conserva- (G) reasonable stipulations for protection pare and periodically update a plan to gov- tion Act (16 U.S.C. 3192(h)(2)), to remove any of cultural and archaeological resources; ern, guide, and direct the siting and con- cloud on title to land, and to clarify land (H) measures to protect groundwater and struction of facilities for the exploration, de- ownership patterns in the Coastal Plain, the surface water, including— velopment, production, and transportation of Secretary shall— (i) avoidance, to the maximum extent oil and gas resources from the Coastal Plain. (1) to the extent necessary to fulfill the en- practicable, of springs, streams, and river (2) OBJECTIVES.—The objectives of the plan titlement of the Kaktovik Inupiat Corpora- systems; shall be— tion under sections 12 and 14 of the Alaska (ii) the protection of natural surface drain- (A) the avoidance of unnecessary duplica- Native Claims Settlement Act (43 U.S.C. age patterns and wetland and riparian habi- tion of facilities and activities; 1611, 1613), as determined by the Secretary, tats; and (B) the encouragement of consolidation of convey to that Corporation the surface es- (iii) the regulation of methods or tech- common facilities and activities; tate of the land described in paragraph (1) of niques for developing or transporting ade- (C) the location or confinement of facili- Public Land Order 6959, in accordance with quate supplies of water for exploratory drill- ties and activities to areas that will mini- the terms and conditions of the agreement ing; and mize impact on fish and wildlife, fish and between the Secretary, the United States (I) research, monitoring, and reporting re- wildlife habitat, subsistence resources, and Fish and Wildlife Service, the Bureau of quirements; the environment; Land Management, and the Kaktovik (3) that exploration activities (except sur- (D) the use of existing facilities, to the Inupiat Corporation, dated January 22, 1993; face geological studies) be limited to the pe- maximum extent practicable; and and riod between approximately November 1 and (E) the enhancement of compatibility be- (2) convey to the Arctic Slope Regional May 1 of each year and be supported, if nec- tween wildlife values and development ac- Corporation the remaining subsurface estate essary, by ice roads, winter trails with ade- tivities. to which that Corporation is entitled under quate snow cover, ice pads, ice airstrips, and (g) ACCESS TO PUBLIC LAND.—The Sec- the agreement between that corporation and air transport methods (except that those ex- retary shall— the United States, dated August 9, 1983. ploration activities may be permitted at (1) manage public land in the Coastal Plain SEC. 120. LOCAL GOVERNMENT IMPACT AID AND other times if the Secretary determines that in accordance with subsections (a) and (b) of COMMUNITY SERVICE ASSISTANCE. the exploration will have no significant ad- section 811 of the Alaska National Interest (a) ESTABLISHMENT OF FUND.— verse effect on fish and wildlife, fish and Lands Conservation Act (16 U.S.C. 3121); and (1) IN GENERAL.—As a condition on the re- wildlife habitat, subsistence resources, and (2) ensure that local residents shall have ceipt of funds under section 122(2), the State the environment of the Coastal Plain); reasonable access to public land in the of Alaska shall establish in the treasury of (4) consolidation of facility siting; Coastal Plain for traditional uses. the State, and administer in accordance with (5) avoidance or reduction of air traffic-re- SEC. 117. EXPEDITED JUDICIAL REVIEW. this section, a fund to be known as the lated disturbance to fish and wildlife; (a) FILING OF COMPLAINTS.— ‘‘Coastal Plain Local Government Impact

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(I) developers; and (A) the Administrator shall have author- (b) ASSISTANCE.—The Governor, in coopera- (II) any appropriate Federal agency. ity, as applicable and necessary, to— tion with the Mayor of the North Slope Bor- SEC. 121. PROHIBITION ON EXPORTS. (i) accept from a refiner a consolidated ap- ough, shall use amounts in the Fund to pro- An oil or gas lease issued under this sub- plication for all permits that the refiner is vide assistance to North Slope Borough, title shall prohibit the exportation of oil or required to obtain to construct and operate a Alaska, the City of Kaktovik, Alaska, and gas produced under the lease. refinery; any other borough, municipal subdivision, SEC. 122. ALLOCATION OF REVENUES. (ii) in consultation and cooperation with village, or other community in the State of Notwithstanding the Mineral Leasing Act each Federal, State, or Indian tribal govern- Alaska that is directly impacted by explo- (30 U.S.C. 181 et seq.) or any other provision ration for, or the production of, oil or gas on ment agency that is required to make any of law, of the adjusted bonus, rental, and determination to authorize the issuance of a the Coastal Plain under this subtitle, or any royalty receipts from Federal oil and gas Alaska Native Regional Corporation acting permit, establish a schedule under which leasing and operations authorized under this each agency shall— on behalf of the villages and communities subtitle: (I) concurrently consider, to the maximum within its region whose lands lie along the (1) 50 percent shall be deposited in the gen- extent practicable, each determination to be right of way of the Trans Alaska Pipeline eral fund of the Treasury. made; and System, as determined by the Governor. (2) The remainder shall be available as fol- (II) complete each step in the permitting (c) APPLICATION.— lows: process; and (1) IN GENERAL.—To receive assistance (A) $35,000,000 shall be deposited by the (iii) issue a consolidated permit that com- under subsection (b), a community or Re- Secretary of the Treasury into the fund cre- bines all permits issued under the schedule gional Corporation described in that sub- ated under section 120(a)(1). established under clause (ii); and section shall submit to the Governor, or to (B) The remainder shall be disbursed to the the Mayor of the North Slope Borough, an State of Alaska. (B) the Administrator shall provide to application in such time, in such manner, State and Indian tribal government agen- Subtitle C—Permitting and containing such information as the Gov- cies— ernor may require. SEC. 131. REFINERY PERMITTING PROCESS. (i) financial assistance in such amounts as (a) DEFINITIONS.—In this section: (2) ACTION BY NORTH SLOPE BOROUGH.—The the agencies reasonably require to hire such Mayor of the North Slope Borough shall sub- (1) ADMINISTRATOR.—The term ‘‘Adminis- additional personnel as are necessary to en- mit to the Governor each application re- trator’’ means the Administrator of the En- able the government agencies to comply vironmental Protection Agency. ceived under paragraph (1) as soon as prac- with the applicable schedule established (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ ticable after the date on which the applica- under subparagraph (A)(ii); and has the meaning given the term in section 4 tion is received. (ii) technical, legal, and other assistance in of the Indian Self-Determination and Edu- (3) ASSISTANCE OF GOVERNOR.—The Gov- complying with the refinery permitting cation Assistance Act (25 U.S.C. 450b). ernor shall assist communities in submitting agreement. (3) PERMIT.—The term ‘‘permit’’ means any applications under this subsection, to the (3) AGREEMENT BY THE STATE.—Under a re- permit, license, approval, variance, or other maximum extent practicable. finery permitting agreement, a State or gov- form of authorization that a refiner is re- (d) USE OF FUNDS.—A community or Re- erning body of an Indian tribe shall agree gional Corporation that receives funds under quired to obtain— that— subsection (b) may use the funds— (A) under any Federal law; or (A) the Administrator shall have each of (1) to plan for mitigation, implement a (B) from a State or Indian tribal govern- the authorities described in paragraph (2); mitigation plan, or maintain a mitigation ment agency delegated authority by the Fed- and eral Government, or authorized under Fed- project to address the potential effects of oil (B) each State or Indian tribal government eral law, to issue permits. and gas exploration and development on en- agency shall— (4) REFINER.—The term ‘‘refiner’’ means a vironmental, social, cultural, recreational, (i) in accordance with State law, make person that— and subsistence resources of the community; such structural and operational changes in (A) owns or operates a refinery; or (2) to develop, carry out, and maintain— the agencies as are necessary to enable the (B) seeks to become an owner or operator (A) a project to provide new or expanded agencies to carry out consolidated project- of a refinery. public facilities; or wide permit reviews concurrently and in co- (5) REFINERY.— (B) services to address the needs and prob- ordination with the Environmental Protec- (A) IN GENERAL.—The term ‘‘refinery’’ lems associated with the effects described in tion Agency and other Federal agencies; and means— paragraph (1), including firefighting, police, (i) a facility at which crude oil is refined (ii) comply, to the maximum extent prac- water and waste treatment, first responder, into transportation fuel or other petroleum ticable, with the applicable schedule estab- and other medical services; products; and lished under paragraph (2)(A)(ii). (3) to compensate residents of the Coastal (ii) a coal liquification or coal-to-liquid fa- (4) DEADLINES.— Plain for significant damage to environ- cility at which coal is processed into syn- (A) NEW REFINERIES.—In the case of a con- mental, social, cultural, recreational, or sub- thetic crude oil or any other fuel. solidated permit for the construction of a sistence resources; and (B) INCLUSIONS.—The term ‘‘refinery’’ in- new refinery, the Administrator and the (4) in the City of Kaktovik, Alaska— cludes an expansion of a refinery. State or governing body of an Indian tribe (A) to develop a mechanism for providing (6) REFINERY EXPANSION.—The term ‘‘refin- shall approve or disapprove the consolidated members of the Kaktovikmiut Inupiat com- ery expansion’’ means a physical change in a permit not later than— munity an opportunity to— refinery that results in an increase in the ca- (i) 360 days after the date of the receipt of (i) monitor development on the Coastal pacity of the refinery. the administratively complete application Plain; and (7) REFINERY PERMITTING AGREEMENT.—The for the consolidated permit; or (ii) provide information and recommenda- term ‘‘refinery permitting agreement’’ (ii) on agreement of the applicant, the Ad- tions to the Governor based on traditional means an agreement entered into between ministrator, and the State or governing body aboriginal knowledge of the natural re- the Administrator and a State or Indian of the Indian tribe, 90 days after the expira- sources, flora, fauna, and ecological proc- tribe under subsection (b). tion of the deadline established under clause esses of the Coastal Plain; and (8) SECRETARY.—The term ‘‘Secretary’’ (i). (B) to establish a local coordination office, means the Secretary of Commerce. (B) EXPANSION OF EXISTING REFINERIES.—In to be managed by the Mayor of the North (9) STATE.—The term ‘‘State’’ means— the case of a consolidated permit for the ex- Slope Borough, in coordination with the City (A) a State; pansion of an existing refinery, the Adminis- of Kaktovik, Alaska— (B) the District of Columbia; trator and the State or governing body of an (i) to coordinate with and advise devel- (C) the Commonwealth of Puerto Rico; and Indian tribe shall approve or disapprove the opers on local conditions and the history of (D) any other territory or possession of the consolidated permit not later than— areas affected by development; United States. (i) 120 days after the date of the receipt of (ii) to provide to the Committee on Re- (b) STREAMLINING OF REFINERY PERMITTING the administratively complete application sources of the House of Representatives and PROCESS.— for the consolidated permit; or the Committee on Energy and Natural Re- (1) IN GENERAL.—At the request of the Gov- (ii) on agreement of the applicant, the Ad- sources of the Senate annual reports on the ernor of a State or the governing body of an ministrator, and the State or governing body

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of the Indian tribe, 30 days after the expira- and Natural Resources of the Senate and the (1) ADVANCED BATTERY.—The term ‘‘ad- tion of the deadline established under clause Committee on Energy and Commerce of the vanced battery’’ means an electrical storage (i). House of Representatives— device suitable for vehicle applications. (5) FEDERAL AGENCIES.—Each Federal agen- (A) not later than 1 year, an interim report (2) ENGINEERING INTEGRATION COSTS.—The cy that is required to make any determina- on actions taken to carry out this sub- term ‘‘engineering integration costs’’ in- tion to authorize the issuance of a permit section; and cludes the cost of engineering tasks relating shall comply with the applicable schedule es- (B) not later than 2 years, a final report on to— tablished under paragraph (2)(A)(ii). actions taken to carry out this subsection. (A) incorporation of qualifying components (6) JUDICIAL REVIEW.—Any civil action for SEC. 132. REMOVAL OF ADDITIONAL FEE FOR into the design of advanced batteries; and review of any permit determination under a NEW APPLICATIONS FOR PERMITS (B) design of tooling and equipment and de- refinery permitting agreement shall be TO DRILL. veloping manufacturing processes and mate- brought exclusively in the United States dis- The second undesignated paragraph of the rial suppliers for production facilities that trict court for the district in which the refin- matter under the heading ‘‘MANAGEMENT OF produce qualifying components or advanced ery is located or proposed to be located. LANDS AND RESOURCES’’ under the heading batteries. (7) EFFICIENT PERMIT REVIEW.—In order to ‘‘BUREAU OF LAND MANAGEMENT’’ of title I of (b) ADVANCED BATTERY MANUFACTURING reduce the duplication of procedures, the Ad- the Department of the Interior, Environ- FACILITY.—The Secretary shall provide facil- ministrator shall use State permitting and ment, and Related Agencies Appropriations ity funding awards under this section to ad- monitoring procedures to satisfy substan- Act, 2008 (Public Law 110–161; 121 Stat. 2098) vanced battery manufacturers to pay not tially equivalent Federal requirements under is amended by striking ‘‘to be reduced’’ and more than 30 percent of the cost of reequip- this title. all that follows through ‘‘each new applica- ping, expanding, or establishing a manufac- (8) SEVERABILITY.—If 1 or more permits tion,’’. turing facility in the United States to that are required for the construction or op- Subtitle D—Restoration of State Revenue produce advanced batteries. eration of a refinery are not approved on or SEC. 141. RESTORATION OF STATE REVENUE. (c) PERIOD OF AVAILABILITY.—An award before any deadline established under para- under subsection (b) shall apply to— graph (4), the Administrator may issue a The matter under the heading ‘‘ADMINIS- TRATIVE PROVISIONS’’ under the heading (1) facilities and equipment placed in serv- consolidated permit that combines all other ice before December 30, 2020; and permits that the refiner is required to obtain ‘‘MINERALS MANAGEMENT SERVICE’’ of title I of the Department of the Interior, Environ- (2) engineering integration costs incurred other than any permits that are not ap- during the period beginning on the date of proved. ment, and Related Agencies Appropriations enactment of this Act and ending on Decem- (9) SAVINGS.—Nothing in this subsection Act, 2008 (Public Law 110–161; 121 Stat. 2109) ber 30, 2020. affects the operation or implementation of is amended by striking ‘‘Notwithstanding’’ (d) DIRECT LOAN PROGRAM.— otherwise applicable law regarding permits and all that follows through ‘‘Treasury.’’. (1) IN GENERAL.—Not later than 1 year after necessary for the construction and operation TITLE II—ALTERNATIVE RESOURCES the date of enactment of this Act, and sub- of a refinery. Subtitle A—Renewable Fuel and Advanced ject to the availability of appropriated (10) CONSULTATION WITH LOCAL GOVERN- Energy Technology funds, the Secretary shall carry out a pro- MENTS.—Congress encourages the Adminis- trator, States, and tribal governments to SEC. 201. DEFINITION OF RENEWABLE BIOMASS. gram to provide a total of not more than consult, to the maximum extent practicable, Section 211(o)(1) of the Clean Air Act (42 $25,000,000 in loans to eligible individuals and with local governments in carrying out this U.S.C. 7545(o)(1)) is amended by striking sub- entities (as determined by the Secretary) for subsection. paragraph (I) and inserting the following: the costs of activities described in sub- (11) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(I) RENEWABLE BIOMASS.—The term ‘re- section (b). There are authorized to be appropriated such newable biomass’ means— (2) SELECTION OF ELIGIBLE PROJECTS.—The sums as are necessary to carry out this sub- ‘‘(i) nonmerchantable materials or Secretary shall select eligible projects to re- section. precommercial thinnings that— ceive loans under this subsection in cases in (12) EFFECT ON LOCAL AUTHORITY.—Nothing ‘‘(I) are byproducts of preventive treat- which, as determined by the Secretary, the in this subsection affects— ments, such as trees, wood, brush, thinnings, award recipient— (A) the authority of a local government chips, and slash, that are removed— (A) is financially viable without the re- with respect to the issuance of permits; or ‘‘(aa) to reduce hazardous fuels; ceipt of additional Federal funding associ- (B) any requirement or ordinance of a local ‘‘(bb) to reduce or contain disease or insect ated with the proposed project; government (such as a zoning regulation). infestation; or (B) will provide sufficient information to (c) FISCHER-TROPSCH FUELS.— ‘‘(cc) to restore forest health; the Secretary for the Secretary to ensure (1) IN GENERAL.—In cooperation with the ‘‘(II) would not otherwise be used for high- that the qualified investment is expended ef- Secretary of Energy, the Secretary of De- er-value products; and ficiently and effectively; and fense, the Administrator of the Federal Avia- ‘‘(III) are harvested from National Forest (C) has met such other criteria as may be tion Administration, Secretary of Health System land or public land (as defined in sec- established and published by the Secretary. and Human Services, and Fischer-Tropsch tion 103 of the Federal Land Policy and Man- (3) RATES, TERMS, AND REPAYMENT OF industry representatives, the Administrator agement Act of 1976 (43 U.S.C. 1702))— LOANS.—A loan provided under this sub- shall— ‘‘(aa) where permitted by law; and section— (A) conduct a research and demonstration ‘‘(bb) in accordance with applicable land (A) shall have an interest rate that, as of program to evaluate the air quality benefits management plans and the requirements for the date on which the loan is made, is equal of ultra-clean Fischer-Tropsch transpor- old-growth maintenance, restoration, and to the cost of funds to the Department of the tation fuel, including diesel and jet fuel; management direction of paragraphs (2), (3), Treasury for obligations of comparable ma- (B) evaluate the use of ultra-clean Fischer- and (4) of subsection (e) and the require- turity; Tropsch transportation fuel as a mechanism ments for large-tree retention of subsection (B) shall have a term equal to the lesser for reducing engine exhaust emissions; and (f) of section 102 of the Healthy Forests Res- of— (C) submit recommendations to Congress toration Act of 2003 (16 U.S.C. 6512); or (i) the projected life, in years, of the eligi- on the most effective use and associated ben- ‘‘(ii) any organic matter that is available ble project to be carried out using funds from efits of these ultra-clean fuel for reducing on a renewable or recurring basis from non- the loan, as determined by the Secretary; public exposure to exhaust emissions. Federal land or from land belonging to an In- and (2) GUIDANCE AND TECHNICAL SUPPORT.—The dian tribe, or an Indian individual, that is (ii) 25 years; Administrator shall, to the extent necessary, held in trust by the United States or subject (C) may be subject to a deferral in repay- issue any guidance or technical support doc- to a restriction against alienation imposed ment for not more than 5 years after the uments that would facilitate the effective by the United States, including— date on which the eligible project carried out use and associated benefit of Fischer- ‘‘(I) renewable plant material, including— using funds from the loan first begins oper- Tropsch fuel and blends. ‘‘(aa) feed grains; ations, as determined by the Secretary; and (3) REQUIREMENTS.—The program described ‘‘(bb) other agricultural commodities; (D) shall be made by the Federal Financing in paragraph (1) shall consider— ‘‘(cc) other plants and trees; and Bank. (A) the use of neat (100 percent) Fischer- ‘‘(dd) algae; and (e) FEES.—The cost of administering a loan Tropsch fuel and blends with conventional ‘‘(II) waste material, including— made under this section shall not exceed crude oil-derived fuel for heavy-duty and ‘‘(aa) crop residue; $100,000. light-duty diesel engines and the aviation ‘‘(bb) other vegetative waste material (in- (f) SET ASIDE FOR SMALL MANUFACTUR- sector; and cluding wood waste and wood residues); ERS.— (B) the production costs associated with ‘‘(cc) animal waste and byproducts (includ- (1) DEFINITION OF COVERED FIRM.—In this domestic production of those ultra clean fuel ing fats, oils, greases, and manure); and subsection, the term ‘‘covered firm’’ means a and prices for consumers. ‘‘(dd) food waste and yard waste.’’. firm that— (4) REPORTS.—The Administrator shall sub- SEC. 202. ADVANCED BATTERY MANUFACTURING (A) employs fewer than 500 individuals; and mit to the Committee on Environment and INCENTIVE PROGRAM. (B) manufactures automobiles or compo- Public Works and the Committee on Energy (a) DEFINITIONS.—In this section: nents of automobiles.

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(2) SET ASIDE.—Of the amount of funds used (2) an evaluation of the economic, market, that is extracted, grown, produced, or recov- to provide awards for each fiscal year under and energy-related impacts of State and re- ered in the United States. subsection (b), the Secretary shall use not gional differences in ethanol blends; (2) COVERED FUEL.—The term ‘‘covered less than 10 percent to provide awards to (3) an evaluation of the economic, market, fuel’’ means— covered firms or consortia led by a covered and energy-related impacts on gasoline re- (A) aviation fuel; firm. tailers and consumers of separate and dis- (B) motor vehicle fuel; (g) AUTHORIZATION OF APPROPRIATIONS.— tinctly labeled fuel storage facilities and dis- (C) home heating oil; and There are authorized to be appropriated such pensers; (D) boiler fuel. sums as are necessary to carry out this sec- (4) an evaluation of the environmental im- (3) SMALL REFINERY.—The term ‘‘small re- tion for each of fiscal years 2009 through 2013. pacts of mid-level ethanol blends on evapo- finery’’ means a refinery for which the aver- SEC. 203. BIOFUELS INFRASTRUCTURE AND AD- rative and exhaust emissions from on-road, age aggregate daily crude oil throughput for DITIVES RESEARCH AND DEVELOP- off-road, and marine engines, recreational a calendar year (as determined by dividing MENT. boats, vehicles, and equipment; the aggregate throughput for the calendar (a) IN GENERAL.—The Assistant Adminis- (5) an evaluation of the impacts of mid- year by the number of days in the calendar trator of the Office of Research and Develop- level ethanol blends on the operation, dura- year) does not exceed 75,000 barrels. ment of the Environmental Protection Agen- bility, and performance of on-road, off-road, cy (referred to in this section as the ‘‘Assist- SEC. 213. CLEAN COAL-DERIVED FUEL PROGRAM. and marine engines, recreational boats, vehi- (a) PROGRAM.— ant Administrator’’), in consultation with cles, and equipment; the Secretary and the National Institute of (1) IN GENERAL.—Not later than 1 year after (6) an evaluation of the safety impacts of the date of enactment of this Act, the Presi- Standards and Technology, shall carry out a mid-level ethanol blends on consumers that program of research and development of ma- dent shall promulgate regulations to ensure own and operate off-road and marine en- that covered fuel sold or introduced into terials to be added to biofuels to make the gines, recreational boats, vehicles, or equip- biofuels more compatible with infrastructure commerce in the United States (except in ment; and used to store and deliver petroleum-based noncontiguous States or territories), on an (7) an evaluation of the impacts of in- fuels to the point of final sale. annual average basis, contains the applicable creased use of renewable fuels derived from (b) REQUIREMENTS.—In carrying out the volume of clean coal-derived fuel determined program described in subsection (a), the As- food crops on the price and supply of agricul- in accordance with paragraph (4). sistant Administrator shall address— tural commodities in both domestic and (2) PROVISIONS OF REGULATIONS.—Regard- (1) materials to prevent or mitigate— global markets. less of the date of promulgation, the regula- EPORT.—Not later than 1 year after (A) corrosion of metal, plastic, rubber, (c) R tions promulgated under paragraph (1)— the date of enactment of this Act, the Sec- cork, fiberglass, glues, or any other material (A) shall contain compliance provisions ap- retary shall submit to Congress a report de- used in pipes and storage tanks; plicable to refineries, blenders, distributors, scribing the results of the study conducted (B) dissolving of storage tank sediments; and importers, as appropriate, to ensure under this section. (C) clogging of filters; that— (D) contamination from water or other SEC. 205. STUDY OF DIESEL VEHICLE AT- (i) the requirements of this subsection are TRIBUTES. adulterants or pollutants; met; and (a) IN GENERAL.—The Secretary, in con- (E) poor flow properties relating to low (ii) clean coal-derived fuels produced from sultation with the Administrator of the En- temperatures; vironmental Protection Agency and the Sec- facilities for the purpose of compliance with (F) oxidative and thermal instability in retary of Transportation, shall conduct a this subtitle result in life cycle greenhouse long-term storage and use; and study to identify— gas emissions that are not greater than gaso- (G) microbial contamination; (1) the environmental and efficiency at- line; and (2) problems associated with electrical con- tributes of diesel-fueled vehicles as the vehi- (B) shall not— ductivity; cles compare to comparable gasoline fueled, (i) restrict geographic areas in the contig- (3) alternatives to conventional methods E–85 fueled, and hybrid vehicles; uous United States in which clean coal-de- for refurbishment and cleaning of gasoline (2) the technical, economic, regulatory, en- rived fuel may be used; or and diesel tanks, including tank lining appli- vironmental, and other obstacles to increas- (ii) impose any per-gallon obligation for cations; ing the usage of diesel-fueled vehicles; the use of clean coal-derived fuel. (4) strategies to minimize emissions from (3) the legislative, administrative, and (3) RELATIONSHIP TO OTHER REGULATIONS.— infrastructure; other actions that could reduce or eliminate Regulations promulgated under this para- (5) issues with respect to certification by a the obstacles identified under paragraph (2); graph shall, to the maximum extent prac- nationally recognized testing laboratory of and ticable, incorporate the program structure, components for fuel-dispensing devises that (4) the costs and benefits associated with compliance and reporting requirements es- specifically reference compatibility with al- reducing or eliminating the obstacles identi- tablished under the final regulations promul- cohol-blended fuels and other biofuels that fied under paragraph (2). gated to implement the renewable fuel pro- contain greater than 15 percent alcohol; (b) REPORT.—Not later than 90 days after gram established by the amendment made by (6) challenges for design, reforming, stor- the date of enactment of this Act, the Sec- section 1501(a)(2) of the Energy Policy Act of age, handling, and dispensing hydrogen fuel retary shall submit to the Committee on En- 2005 (Public Law 109–58; 119 Stat. 1067). from various feedstocks, including biomass, ergy and Natural Resources of the Senate (4) APPLICABLE VOLUME.— from neighborhood fueling stations, includ- and the Committee on Energy and Commerce (A) CALENDAR YEARS 2015 THROUGH 2022.—For ing codes and standards development nec- of the House of Representatives a report de- the purpose of this subsection, the applicable essary beyond that carried out under section scribing the results of the study conducted volume for any of calendar years 2015 809 of the Energy Policy Act of 2005 (42 U.S.C. under subsection (a). through 2022 shall be determined in accord- 16158); (c) AUTHORIZATION OF APPROPRIATIONS.— ance with the following table: (7) issues with respect to at which point in There are authorized to be appropriated such Applicable volume of the fuel supply chain additives optimally sums as are necessary to carry out this sec- clean should be added to fuels; and tion. coal-derived fuel (8) other problems, as identified by the As- Subtitle B—Clean Coal-Derived Fuels for Calendar year: (in billions of sistant Administrator, in consultation with Energy Security gallons): the Secretary and the National Institute of SEC. 211. SHORT TITLE. 2015 ...... 0.75 Standards and Technology. This subtitle may be cited as the ‘‘Clean 2016 ...... 1.5 SEC. 204. STUDY OF INCREASED CONSUMPTION 2017 ...... 2.25 Coal-Derived Fuels for Energy Security Act 2018 ...... 3.00 OF ETHANOL-BLENDED GASOLINE of 2008’’. WITH HIGHER LEVELS OF ETHANOL. 2019 ...... 3.75 SEC. 212. DEFINITIONS. (a) IN GENERAL.—The Secretary, in co- 2020 ...... 4.5 operation with the Secretary of Agriculture, In this subtitle: 2021 ...... 5.25 the Administrator of the Environmental (1) CLEAN COAL-DERIVED FUEL.— 2022 ...... 6.0. Protection Agency, and the Secretary of (A) IN GENERAL.—The term ‘‘clean coal-de- (B) CALENDAR YEAR 2023 AND THEREAFTER.— Transportation, and after providing notice rived fuel’’ means aviation fuel, motor vehi- Subject to subparagraph (C), for the purposes and an opportunity for public comment, cle fuel, home heating oil, or boiler fuel that of this subsection, the applicable volume for shall conduct a study of the feasibility of in- is— calendar year 2023 and each calendar year creasing consumption in the United States of (i) substantially derived from the coal re- thereafter shall be determined by the Presi- ethanol-blended gasoline with levels of eth- sources of the United States; and dent, in coordination with the Secretary and anol that are not less than 10 percent and (ii) refined or otherwise processed at a fa- the Administrator of the Environmental not more than 40 percent. cility located in the United States that cap- Protection Agency, based on a review of the (b) STUDY.—The study under subsection (a) tures up to 100 percent of the carbon dioxide implementation of the program during cal- shall include— emissions that would otherwise be released endar years 2015 through 2022, including a re- (1) a review of production and infrastruc- at the facility. view of— ture constraints on increasing consumption (B) INCLUSIONS.—The term ‘‘clean coal-de- (i) the impact of clean coal-derived fuels on of ethanol; rived fuel’’ may include any other resource the energy security of the United States;

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(ii) the expected annual rate of future pro- comparable to conditions described in sub- (3) OPT-IN FOR SMALL REFINERIES.—A small duction of clean coal-derived fuels; and paragraph (A)). refinery shall be subject to the requirements (iii) the impact of the use of clean coal-de- (d) CREDIT PROGRAM.— of subsection (a) if the small refinery noti- rived fuels on other factors, including job (1) IN GENERAL.—The President, in con- fies the President that the small refinery creation, rural economic development, and sultation with the Secretary and the clean waives the exemption under paragraph (1). the environment. coal-derived fuel requirement of this section. (g) PENALTIES AND ENFORCEMENT.— (C) MINIMUM APPLICABLE VOLUME.—For the (2) MARKET TRANSPARENCY.—In carrying (1) CIVIL PENALTIES.— purpose of this subsection, the applicable out the credit program under this sub- (A) IN GENERAL.—Any person that violates volume for calendar year 2023 and each cal- section, the President shall facilitate price a regulation promulgated under subsection endar year thereafter shall be equal to the transparency in markets for the sale and (a), or that fails to furnish any information product obtained by multiplying— trade of credits, with due regard for the pub- required under such a regulation, shall be (i) the number of gallons of covered fuel lic interest, the integrity of those markets, liable to the United States for a civil penalty that the President estimates will be sold or fair competition, and the protection of con- of not more than the total of— introduced into commerce in the calendar sumers. (i) $25,000 for each day of the violation; and year; and (e) WAIVERS.— (ii) the amount of economic benefit or sav- (ii) the ratio that— (1) IN GENERAL.—The President, in con- ings received by the person resulting from (I) 6,000,000,000 gallons of clean coal-derived sultation with the Secretary and the Admin- the violation, as determined by the Presi- fuel; bears to istrator of the Environmental Protection dent. (II) the number of gallons of covered fuel Agency, may waive the requirements of sub- (B) COLLECTION.—Civil penalties under sub- sold or introduced into commerce in cal- section (a) in whole or in part on petition by paragraph (A) shall be assessed by, and col- endar year 2022. 1 or more States by reducing the national lected in a civil action brought by, the Sec- quantity of clean coal-derived fuel required retary or such other officer of the United (b) APPLICABLE PERCENTAGES.— under subsection (a), based on a determina- States as is designated by the President. (1) PROVISION OF ESTIMATE OF VOLUMES OF tion by the President (after public notice and (2) INJUNCTIVE AUTHORITY.— CERTAIN FUEL SALES.—Not later than October opportunity for comment), that— (A) IN GENERAL.—The district courts of the 31 of each of calendar years 2015 through 2021, (A) implementation of the requirement United States shall have jurisdiction to— the Administrator of the Energy Information would severely harm the economy or envi- (i) restrain a violation of a regulation pro- Administration shall provide to the Presi- ronment of a State, a region, or the United mulgated under subsection (a); dent an estimate, with respect to the fol- States; or (ii) award other appropriate relief; and lowing calendar year, of the volumes of cov- (B) extreme and unusual circumstances (iii) compel the furnishing of information ered fuel projected to be sold or introduced exist that prevent distribution of an ade- required under the regulation. into commerce in the United States. quate supply of domestically produced clean (B) ACTIONS.—An action to restrain such (2) DETERMINATION OF APPLICABLE PERCENT- coal-derived fuel to consumers in the United violations and compel such actions shall be AGES.— States. brought by and in the name of the United (A) IN GENERAL.—Not later than November (2) PETITIONS FOR WAIVERS.—The President, States. 30 of each of calendar years 2015 through 2022, in consultation with the Secretary and the (C) SUBPOENAS.—In the action, a subpoena based on the estimate provided under para- Administrator of the Environmental Protec- for a witness who is required to attend a dis- graph (1), the President shall determine and tion Agency, shall approve or disapprove a trict court in any district may apply in any publish in the Federal Register, with respect State petition for a waiver of the require- other district. to the following calendar year, the clean ments of subsection (a) within 90 days after (h) EFFECTIVE DATE.—Except as otherwise coal-derived fuel obligation that ensures the date on which the petition is received by specifically provided in this section, this sec- that the requirements of subsection (a) are the President. tion takes effect on January 1, 2016. met. (3) TERMINATION OF WAIVERS.—A waiver Subtitle C—Oil Shale (B) REQUIRED ELEMENTS.—The clean coal- granted under paragraph (1) shall terminate SEC. 221. REMOVAL OF PROHIBITION ON FINAL derived fuel obligation determined for a cal- after 1 year, but may be renewed by the endar year under subparagraph (A) shall— REGULATIONS FOR COMMERCIAL President after consultation with the Sec- LEASING PROGRAM FOR OIL SHALE (i) be applicable to refineries, blenders, and retary and the Administrator of the Environ- RESOURCES ON PUBLIC LAND. importers, as appropriate; mental Protection Agency. Section 433 of the Department of the Inte- (ii) be expressed in terms of a volume per- (f) SMALL REFINERIES.— rior, Environment, and Related Agencies Ap- centage of covered fuel sold or introduced (1) TEMPORARY EXEMPTION.— propriations Act, 2008 (Public Law 110–161; into commerce in the United States; and (A) IN GENERAL.—The requirements of sub- 121 Stat. 2152) is repealed. (iii) subject to paragraph (3)(A), consist of section (a) shall not apply to small refineries Subtitle D—Department of Defense Facilita- a single applicable percentage that applies to until calendar year 2018. tion of Secure Domestic Fuel Development all categories of persons specified in clause (B) EXTENSION OF EXEMPTION.— (i). SEC. 231. PROCUREMENT AND ACQUISITION OF (i) STUDY BY SECRETARY.—Not later than ALTERNATIVE FUELS. (3) ADJUSTMENTS.—In determining the ap- December 31, 2013, the Secretary shall sub- Section 526 of the Energy Independence plicable percentage for a calendar year, the mit to the President and Congress a report and Security Act of 2007 (42 U.S.C. 17142) is President shall make adjustments— describing the results of a study to deter- repealed. (A) to prevent the imposition of redundant mine whether compliance with the require- SEC. 232. MULTIYEAR CONTRACT AUTHORITY obligations on any person specified in para- ments of subsection (a) would impose a dis- FOR THE DEPARTMENT OF DEFENSE graph (2)(B)(i); and proportionate economic hardship on small FOR THE PROCUREMENT OF SYN- (B) to account for the use of clean coal-de- refineries. THETIC FUELS. rived fuel during the previous calendar year (ii) EXTENSION OF EXEMPTION.—In the case (a) MULTIYEAR CONTRACTS FOR THE PRO- by small refineries that are exempt under of a small refinery that the Secretary deter- CUREMENT OF SYNTHETIC FUELS AUTHOR- subsection (f). mines under clause (i) would be subject to a IZED.— (c) VOLUME CONVERSION FACTORS FOR disproportionate economic hardship if re- (1) IN GENERAL.—Chapter 141 of title 10, CLEAN COAL-DERIVED FUELS BASED ON EN- quired to comply with subsection (a), the United States Code, is amended by adding at ERGY CONTENT.— President shall extend the exemption under the end the following new section: (1) IN GENERAL.—For the purpose of sub- subparagraph (A) for the small refinery for a ‘‘§ 2410r. Multiyear contract authority: pur- section (a), the President shall assign values period of not less than 2 additional years. chase of synthetic fuels to specific types of clean coal-derived fuel (2) PETITIONS BASED ON DISPROPORTIONATE ‘‘(a) MULTIYEAR CONTRACTS AUTHORIZED.— for the purpose of satisfying the fuel volume ECONOMIC HARDSHIP.— The head of an agency may enter into con- requirements of subsection (a)(4) in accord- (A) EXTENSION OF EXEMPTION.—A small re- tracts for a period not to exceed 25 years for ance with this subsection. finery may at any time petition the Presi- the purchase of synthetic fuels. (2) ENERGY CONTENT RELATIVE TO DIESEL dent for an extension of the exemption under ‘‘(b) DEFINITIONS.—In this section: FUEL.—For clean coal-derived fuels, 1 gallon paragraph (1) for the reason of dispropor- ‘‘(1) The term ‘head of an agency’ has the of the clean coal-derived fuel shall be consid- tionate economic hardship. meaning given that term in section 2302(1) of ered to be the equivalent of 1 gallon of diesel (B) EVALUATION OF PETITIONS.—In evalu- this title. fuel multiplied by the ratio that— ating a petition under subparagraph (A), the ‘‘(2) The term ‘synthetic fuel’ means any (A) the number of British thermal units of President, in consultation with the Sec- liquid, gas, or combination thereof that— energy produced by the combustion of 1 gal- retary, shall consider the findings of the ‘‘(A) can be used as a substitute for petro- lon of the clean coal-derived fuel (as meas- study under paragraph (1)(B) and other eco- leum or natural gas (or any derivative there- ured under conditions determined by the nomic factors. of, including chemical feedstocks); and Secretary); bears to (C) DEADLINE FOR ACTION ON PETITIONS.— ‘‘(B) is produced by chemical or physical (B) the number of British thermal units of The President shall act on any petition sub- transformation of domestic sources of en- energy produced by the combustion of 1 gal- mitted by a small refinery for a hardship ex- ergy.’’. lon of diesel fuel (as measured under condi- emption not later than 90 days after the date (2) CLERICAL AMENDMENT.—The table of tions determined by the Secretary to be of receipt of the petition. sections at the beginning of chapter 141 of

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Multiyear contract authority: pur- than other technology options available to ing the direct investments of the Bank to chase of synthetic fuels.’’. the project developer. private investors whenever the Bank can ap- (b) REGULATIONS.—Not later than 120 days (6) INVESTMENT.—The term ‘‘investment’’ propriately do so on satisfactory terms; after the date of the enactment of this Act, includes any contribution or commitment to (5) conduct the insurance operations of the the Secretary of Defense shall prescribe reg- an eligible project in the form of— Bank with due regard to principles of risk ulations providing that the head of an agen- (A) loans or loan guarantees; management, including efforts to share the cy may initiate a multiyear contract as au- (B) the purchase of equity shares in the insurance risks of the Bank; thorized by section 2410r of title 10, United project; (6) foster private initiative and competi- States Code (as added by subsection (a)), (C) participation in royalties, earnings, or tion and discourage monopolistic practices; only if the head of the agency has deter- profits; or and mined in writing that— (D) furnishing commodities, services or (7) advise and assist interested agencies of (1) there is a reasonable expectation that other rights under a lease or other contract. the United States and other organizations, throughout the contemplated contract pe- (7) STATE.—The term ‘‘State’’ means— public and private and national and inter- riod the head of the agency will request (A) a State; national, with respect to projects and pro- funding for the contract at the level required (B) the District of Columbia; grams relating to the development of private to avoid contract cancellation; (C) the Commonwealth of Puerto Rico; and enterprise in the market sector in accord- (2) the technical risks associated with the (D) any other territory or possession of the ance with this title. technologies for the production of synthetic United States. SEC. 1804. ORGANIZATION AND MANAGEMENT. fuel under the contract are not excessive; SEC. 1803. ESTABLISHMENT OF BANK. (a) STRUCTURE OF BANK.—The Bank shall and (a) ESTABLISHMENT.— have— (3) the contract will contain appropriate (1) IN GENERAL.—There is established in the (1) a Board of Directors; pricing mechanisms to minimize risk to the Executive branch a bank to be known as the (2) a President; Government from significant changes in ‘‘Clean Energy Investment Bank of the (3) an Executive Vice President; and market prices for energy. United States,’’ which shall be an agency of (4) such other officers and staff as the (c) LIMITATION ON USE OF AUTHORITY.—No the United States. Board may determine. contract may be entered into under the au- (2) GOVERNMENT CORPORATION.—The Bank (b) BOARD OF DIRECTORS.— thority in section 2410r of title 10, United shall be— (1) ESTABLISHMENT.—There is established a States Code (as so added), until the regula- (A) a Government corporation (as defined Board of Directors of the Bank to exercise tions required by subsection (b) are pre- in section 103 of title 5, United States Code); all powers of the Bank. scribed. and (2) COMPOSITION.— (B) subject to chapter 91 of title 31, United (A) IN GENERAL.—The Board shall be com- SA 4875. Mr. DOMENICI (for himself States Code, except as expressly provided in posed of 7 members, of whom— and Mr. CORKER) submitted an amend- this title. (i) 5 members shall be independent direc- ment intended to be proposed by him (b) AUTHORITY.— tors appointed by the President of the to the bill S. 3036, to direct the Admin- (1) IN GENERAL.—The Bank shall assist in United States, by and with the advice and istrator of the Environmental Protec- the financing, and facilitate the commercial consent of the Senate (referred to in this tion Agency to establish a program to use, of clean energy and energy efficient subsection as ‘‘independent directors’’; and technologies within the United States. (ii) 2 members shall be the President of the decrease emissions of greenhouse gases, (2) ASSISTANCE FOR ELIGIBLE PROJECTS.— Bank and the Executive Vice President of and for other purposes; which was or- The Bank may make investments— the Bank, appointed by the independent di- dered to lie on the table; as follows: (A) in eligible projects on such terms and rectors. On page 64, strike lines 6 through 13 and in- conditions as the Bank considers appropriate (B) FEDERAL EMPLOYMENT.—An inde- sert the following: in accordance with this title; or pendent director shall not be an officer or (c) LEGAL STATUS OF EMISSION ALLOW- (B) under title XVII of the Energy Policy employee of the Federal Government at the ANCES.—Noth- Act of 2005 (42 U.S.C. 16511 et seq.), and any time of appointment. of the regulations promulgated under that (C) POLITICAL PARTY.—Not more than 3 of SA 4876. Mr. DOMENICI submitted an Act, as the Bank considers appropriate. the independent directors shall be members amendment intended to be proposed by (3) REPAYMENT.—No loan or loan guarantee of the same political party. him to the bill S. 3036, to direct the Ad- shall be made under this subsection unless (3) TERM; VACANCIES.— ministrator of the Environmental Pro- the Bank determines that there is a reason- (A) TERM.— tection Agency to establish a program able prospect of repayment of the principal (i) IN GENERAL.—Subject to clause (ii), the and interest by the borrower. independent directors shall be appointed for to decrease emissions of greenhouse (4) PROJECT DIVERSITY.—The Bank shall en- a term of 5 years and may be reappointed. gases, and for other purposes; which sure that a reasonable diversity of projects, (ii) STAGGERED TERMS.—The terms of not was ordered to lie on the table; as fol- technologies, and energy sectors receive as- more than 2 independent directors shall ex- lows: sistance under this subsection. pire in any year. At the end of the amendment, add the fol- (c) POWERS.—In carrying out this title, the (B) VACANCIES.—A vacancy on the Board— lowing: Bank may— (i) shall not affect the powers of the Board; (1) conduct a general banking business and TITLE XVIII—CLEAN ENERGY (other than currency circulation), includ- (ii) shall be filled in the same manner as INVESTMENT BANK ing— the original appointment was made. SEC. 1801. SHORT TITLE. (A) borrowing and lending money; (4) MEETINGS.— This title may be cited as the ‘‘Clean En- (B) issuing letters of credit; (A) INITIAL MEETING.—Not later than 30 ergy Investment Bank Act of 2008’’. (C) accepting bills and drafts drawn upon days after the date on which all members of SEC. 1802. DEFINITIONS. the Bank; the Board have been appointed, the Board In this title: (D) purchasing, discounting, rediscounting, shall hold the initial meeting of the Board. (1) BANK.—The term ‘‘Bank’’ means the selling, and negotiating, with or without en- (B) MEETINGS.—The Board shall meet at Clean Energy Investment Bank of the United dorsement or guaranty, and guaranteeing, the call of the Chairman of the Board. States established by section 1803(a). notes, drafts, checks, bills of exchange, ac- (C) QUORUM.—Four members of the Board (2) BOARD.—The term ‘‘Board’’ means the ceptances (including bankers’ acceptances), shall constitute a quorum, but a lesser num- Board of Directors of the Bank established cable transfers, and other evidences of in- ber of members may hold hearings. under section 1804(b). debtedness; (5) CHAIRMAN AND VICE CHAIRMAN.— (3) CLEAN ENERGY INVESTMENT BANK FUND.— (E) issuing guarantees, insurance, coinsur- (A) IN GENERAL.—The Board shall select a The term ‘‘Clean Energy Investment Bank ance, and reinsurance; Chairman and Vice Chairman from among Fund’’ means the revolving fund account es- (F) purchasing and selling securities; and the members of the Board. tablished under section 1806(b). (G) receiving deposits; (B) ELIGIBILITY.—The Chairman of the (4) COMMERCIAL TECHNOLOGY.—The term (2) make investments in eligible projects Board shall not be an Executive Director of ‘‘commercial technology’’ means a tech- on a self-sustaining basis, taking into ac- the Board. nology in general use in the commercial count the financing operations of the Bank (6) COMPENSATION OF MEMBERS.—An inde- marketplace. and the economic and financial soundness of pendent director shall be compensated at a (5) ELIGIBLE PROJECT.—The term ‘‘eligible projects; rate equal to the daily equivalent of the an- project’’ means a project in a State related (3) use private credit, investment institu- nual rate of basic pay prescribed for level IV to the production or use of energy that uses tions, and the guarantee authority of the of the Executive Schedule under section 5315 a commercial technology that the Bank de- Bank as the principal means of mobilizing of title 5, United States Code, for each day termines avoids, reduces, or sequesters 1 or capital investment funds; (including travel time) during which the

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.103 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5243 member is engaged in the performance of the by investors assuring against loss in eligible under subsection (c) or (d) with respect to duties of the Board. projects on such terms and conditions as the the project, shall not cause the aggregate (7) TRAVEL EXPENSES.—An independent di- Bank may determine. amount of all the investments to exceed, at rector shall be allowed travel expenses, in- (2) BUDGETARY TREATMENT.—Any guar- the time any such investment is made or cluding per diem in lieu of subsistence, at antee issued under this subsection shall, for guaranteed by the Bank, 75 percent of the rates authorized for an employee of an agen- budgetary purposes, be considered a loan total investment committed to the project, cy under subchapter I of chapter 57 of title 5, guarantee (as defined in section 502 of the as determined by the Bank. United States Code, while away from the Federal Credit Reform Act of 1990 (2 U.S.C. (ii) CONCLUSIVE DETERMINATION.—The de- home or regular place of business of the 661a)). termination of the Bank under this subpara- member in the performance of the duties of (d) LOANS AND CREDIT ASSISTANCE.— graph shall be conclusive for purposes of the the Board. (1) IN GENERAL.—The Bank may make authority of the Bank to make or guarantee (c) PRESIDENT OF THE BANK.— loans, provide letters of credit, issue other any investment described in clause (i). (1) APPOINTMENT.—The President of the credit enhancements, or provide other fi- (3) ADDITIONAL CRITERIA.—In making in- Bank shall be appointed by the Board. nancing for eligible projects on such terms vestment decisions under this subsection, (2) DUTIES.—The President of the Bank and conditions as the Bank may determine. the Bank shall consider the extent to which shall— (2) BUDGETARY TREATMENT.—Any financial the equity investment of the Bank will assist (A) be the Chief Executive Officer of the instrument issued under this subsection in obtaining the financing required for the Bank; shall, for budgetary purposes, be considered project. (B) be responsible for the operations and a direct loan (as defined in section 502 of the (4) IMPLEMENTATION.— management of the Bank, subject to bylaws Federal Credit Reform Act of 1990 (2 U.S.C. (A) IN GENERAL.—The Bank may create and policies established by the Board; and 661a)). such legal vehicles as are necessary for im- (C) serve as an Executive Director on the (e) ELIGIBLE PROJECT DEVELOPMENT IN- plementation of this subsection. Board. VESTMENT ENCOURAGEMENT.—The Bank may (B) NON-FEDERAL BORROWERS.—A borrower (d) EXECUTIVE VICE PRESIDENT.— provide financial assistance under this sec- participating in a legal vehicle created under (1) APPOINTMENT.—The Executive Vice tion for development activities for eligible this paragraph shall be considered a non- President of the Bank shall be appointed by projects, under such terms and conditions as Federal borrower for purposes of the Federal the Board. the Bank may determine, if the Board deter- Credit Reform Act of 1990 (2 U.S.C. 661 et (2) DUTIES.—The Executive Vice President mines that the assistance is necessary to en- seq.). of the Bank shall— courage private investment or accelerate (C) SECURITIES.—Income and proceeds of (A) serve as the President of the Bank dur- project development. investments made under this subsection may ing the absence or disability, or in the event (f) OTHER INSURANCE FUNCTIONS.—The be used to purchase equity or quasi-equity of a vacancy in the office, of the President of Bank may— the Bank; (1) using agreements and contracts that securities in accordance with this section. (B) at other times, perform such functions are consistent with this title— (h) RELATIONSHIP TO FEDERAL CREDIT RE- as the President of the Bank may from time (A) make and carry out contracts of insur- FORM ACT OF 1990.— to time prescribe; and ance or agreements to associate or share (1) IN GENERAL.—Any liability assumed by (C) serve as an Executive Director on the risks with insurance companies, financial in- the Bank under subsections (c) and (d) shall Board. stitutions, any other person or group of per- be discharged pursuant to the Federal Credit (e) STAFF.— sons; and Reform Act of 1990 (2 U.S.C. 661 et seq.). (1) IN GENERAL.—The Board may— (B) employ entities described in subpara- (2) SPECIFIC APPROPRIATION OR CONTRIBU- (A) appoint and terminate such officers, at- graph (A), if appropriate, as the agent of the TION.— torneys, employees, and agents as are nec- Bank in— (A) IN GENERAL.—No loan guaranteed under essary to carry out this title; and (i) the issuance and servicing of insurance; subsection (c) or direct loan under sub- (B) vest the personnel with such powers (ii) the adjustment of claims; section (d) shall be made unless— and duties as the Board may determine. (iii) the exercise of subrogation rights; (i) an appropriation for the cost has been (2) CIVIL SERVICE LAWS.—Persons employed (iv) the ceding and acceptance of reinsur- made; or by the Bank may be appointed, compensated, ance; and (ii) the Bank has received from the bor- or removed without regard to civil service (v) any other matter incident to an insur- rower a payment in full for the cost of the laws (including regulations). ance business; and obligation. (3) REAPPOINTMENT.—Under such regula- (2) enter into pooling or other risk-sharing (B) BUDGETARY TREATMENT.—Section 504(b) tions as the President of the United States agreements with other governmental insur- of the Federal Credit Reform Act of 1990 (2 may promulgate, an officer or employee of ance or financing agencies or groups of those U.S.C. 661c(b)) shall not apply to a loan or the Federal Government who is appointed to agencies. loan guarantee made in accordance with sub- a position under this subsection may be enti- (g) EQUITY FINANCE PROGRAM.— paragraph (A)(ii). tled, on removal from the position, except (1) IN GENERAL.—Subject to the other pro- (3) APPORTIONMENT.—Receipts, proceeds, for cause, to reinstatement to the position visions of this subsection, the Bank may es- and recoveries realized by the Bank and the occupied at the time of appointment or to a tablish an equity finance program under obligations and expenditures made by the position of comparable grade and salary. which the Bank may, in accordance with this Bank pursuant to this subsection shall be ex- (4) ADDITIONAL POSITIONS.—Positions au- subsection, purchase, invest in, or otherwise empt from apportionment under subchapter thorized under this subsection shall be in ad- acquire equity or quasi-equity securities of II of chapter 15 of title 31, United States dition to other positions otherwise author- any firm or entity, on such terms and condi- Code. ized by law, including positions authorized tions as the Bank may determine, for the SEC. 1806. ISSUING AUTHORITY; DIRECT INVEST- by section 5108 of title 5, United States Code. purpose of providing capital for any project MENT AUTHORITY AND RESERVES. SEC. 1805. FINANCING, GUARANTIES, INSURANCE, that is consistent with this title. (a) MAXIMUM CONTINGENT LIABILITY.—The CREDIT SUPPORT, AND OTHER PRO- (2) TOTAL AMOUNT OF EQUITY INVEST- maximum contingent liability outstanding GRAMS. MENTS.— at any time pursuant to actions taken by the (a) INTERGOVERNMENTAL AGREEMENTS.— (A) TOTAL AMOUNT OF EQUITY INVESTMENT Bank under section 1805 shall not exceed a Subject to the other provisions of this sec- UNDER EQUITY FINANCE PROGRAM.— total amount of $100,000,000,000. tion, the Bank may enter into arrangements with State and local governments (including (i) IN GENERAL.—Except as provided in (b) CLEAN ENERGY INVESTMENT BANK agencies, instrumentalities, or political sub- clause (ii), the total amount of the equity in- FUND.— divisions of State and local governments) for vestment of the Bank with respect to any (1) ESTABLISHMENT.—There is established sharing liabilities assumed by providing fi- project under this subsection shall not ex- in the Treasury of the United States a re- nancial assistance for eligible projects under ceed 30 percent of the aggregate amount of volving fund, to be known as the ‘‘Clean En- this title. all equity investment made with respect to ergy Investment Bank Fund’’ (referred to in (b) INSURANCE.— the project at the time at which the equity this section as the ‘‘Fund’’). (1) IN GENERAL.—The Bank may issue in- investment of the Bank is made. (2) USE.—The Clean Energy Investment surance, on such terms and conditions as the (ii) DEFAULTS.—Clause (i) shall not apply Bank Fund shall be available for discharge of Bank may determine, to ensure protection in to a security acquired through the enforce- liabilities under section 1805 (other than sub- whole or in part against any or all of the ment of any lien, pledge, or contractual ar- sections (c) and (d) of section 1805) until the risks with respect to eligible projects that rangement as a result of a default by any earlier of— the Bank has approved. party under any agreement relating to the (A) the date on which all liabilities of the (2) DUPLICATION OF ASSISTANCE.—The Bank terms of the investment of the Bank. Bank have been discharged or expire; or shall not offer any insurance products under (B) TOTAL AMOUNT OF EQUITY INVESTMENT (B) the date on which all amounts in the this subsection that duplicate or augment UNDER MULTIPLE PROGRAMS.— Fund have been expended in accordance with any other similar Federal assistance. (i) IN GENERAL.—The equity investment of this section. (c) GUARANTEES.— the Bank under this subsection with respect (3) APPORTIONMENT.—Receipts, proceeds, (1) IN GENERAL.—The Bank may issue guar- to any project, when added to any other in- and recoveries realized by the Bank and the antees of loans and other investments made vestments made or guaranteed by the Bank obligations and expenditures made by the

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.093 S05JNPT1 smartinez on PROD1PC64 with SENATE S5244 CONGRESSIONAL RECORD — SENATE June 5, 2008 Bank pursuant to this subsection shall be ex- (2) be considered, for purposes of venue in SEC. 1809. REPORTS TO CONGRESS. empt from apportionment under subchapter civil actions, to be a resident of the District As soon as practicable after the end of each II of chapter 15 of title 31, United States of Columbia. fiscal year, the Bank shall submit to Con- Code. (b) TRANSFER OF FUNCTIONS AND AUTHOR- gress a complete and detailed report describ- (c) PAYMENTS OF LIABILITIES.—Any pay- ITY.— ing the operations of the Bank during the ment made to discharge liabilities arising (1) IN GENERAL.—On appointment of a ma- fiscal year. from agreements under section 1805 (other jority of the Board by the President, all of SEC. 1810. MODIFICATION TO LOAN GUARANTEE than subsections (c) and (d) of section 1805) the functions and authority of the Secretary PROGRAM. shall be paid out of the Clean Energy Invest- of Energy under predecessor programs and (a) DEFINITION OF COMMERCIAL TECH- NOLOGY.—Section 1701(1) of the Energy Pol- ment Bank Fund. authorities similar to those provided under icy Act of 2005 (42 U.S.C. 16511(1)) is amended (d) SUPPLEMENTAL BORROWING AUTHOR- subsections (c) and (d) of section 1805, includ- by striking subparagraph (B) and inserting ITY.— ing those under title XVII of the Energy Pol- the following: (1) IN GENERAL.—In order to maintain suffi- icy Act of 2005 (42 U. S.C. 16511 et seq.), shall ‘‘(B) EXCLUSION.—The term ‘commercial cient liquidity in the revolving loan fund, be transferred to the Board. technology’ does not include a technology if the Bank may issue from time to time for (2) CONTINUATION PRIOR TO TRANSFER.— the sole use of the technology is in connec- purchase by the Secretary of the Treasury Until the transfer, the Secretary of Energy tion with— notes, debentures, bonds, or other obliga- shall continue to administer such programs tions. ‘‘(i) a demonstration plant; or and activities, including programs and au- ‘‘(ii) a project for which the Secretary ap- (2) MAXIMUM TOTAL AMOUNT.—The total thorities under title XVII of the Energy Pol- amount of obligations issued under para- proved a loan guarantee.’’. icy Act of 2005 (42 U.S.C. 16511 et seq.). (b) SPECIFIC APPROPRIATION OR CONTRIBU- graph (1) that is outstanding at any time (3) EFFECT ON EXISTING RIGHTS AND OBLIGA- TION.—Section 1702 of the Energy Policy Act shall not exceed $2,000,000,000. TIONS.—The transfer of functions and author- of 2005 (42 U.S.C. 16512) is amended by strik- (3) REPAYMENT.—Any obligation issued ity under this subsection shall not affect the ing subsection (b) and inserting the fol- under paragraph (1) shall be repaid to the rights and obligations of any party that lowing: Treasury not later than 1 year after the date arise under a predecessor program or author- ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU- of issue of the obligation. ity prior to the transfer under this sub- TION.— (4) INTEREST RATE.—Any obligation issued section. ‘‘(1) IN GENERAL.—No guarantee shall be under paragraph (1) shall bear interest at a (c) AUDITS.— made unless— rate determined by the Secretary of the (1) IN GENERAL.—Except as otherwise pro- ‘‘(A) an appropriation for the cost has been Treasury, taking into account the current vided in this title, the Bank shall be subject made; or average market yield on outstanding mar- to the applicable provisions of chapter 91 of ‘‘(B) the Secretary has received from the ketable obligations of the United States of title 31, United States Code. borrower a payment in full for the cost of comparable maturities during the month (2) PERIODIC AUDITS BY INDEPENDENT CER- the obligation and deposited the payment preceding the issuance of any obligation au- TIFIED PUBLIC ACCOUNTANTS.— into the Treasury. thorized by this subsection. (A) IN GENERAL.—Except as provided in ‘‘(2) LIMITATION.—The source of payments (5) PURCHASE OF OBLIGATIONS.— paragraph (3), an independent certified pub- received from a borrower under paragraph (A) IN GENERAL.—The Secretary of the lic accountant shall perform a financial and (1)(B) shall not be a loan or other debt obli- Treasury— compliance audit of the financial statements gation that is made or guaranteed by the (i) shall purchase any obligation of the of the Bank at least once every 3 years, in Federal Government. Bank issued under this subsection; and accordance with generally accepted Govern- ‘‘(3) RELATION TO OTHER LAWS.—Section (ii) for the purchase, may use as a public ment auditing standards for a financial and 504(b) of the Federal Credit Reform Act of debt transaction the proceeds of the sale of compliance audit, as issued by the Comp- 1990 (2 U.S.C. 661c(b)) shall not apply to a any securities issued under chapter 31 of troller General of the United States. loan or loan guarantee made in accordance title 31, United States Code. (B) REPORT TO BOARD.—The independent with paragraph (1)(B).’’. (B) PURPOSES.—The purpose for which se- certified public accountant shall report the (c) AMOUNT.—Section 1702 of the Energy curities may be issued under chapter 31 of results of the audit to the Board. Policy Act of 2005 (42 U.S.C. 16512) is amend- ed by striking subsection (c) and inserting title 31, United States Code, shall include (C) GENERALLY ACCEPTED ACCOUNTING PRIN- the following: any purchase under this paragraph. CIPLES.—The financial statements of the ‘‘(c) AMOUNT.— SEC. 1807. ADMINISTRATION. Bank shall be presented in accordance with ‘‘(1) IN GENERAL.—Subject to paragraph (2), (a) PROTECTION OF INTEREST OF BANK.—The generally accepted accounting principles. the Secretary shall guarantee up to 100 per- Bank shall ensure that suitable arrange- (D) REPORTS.— cent of the principal and interest due on 1 or ments exist for protecting the interest of the (i) IN GENERAL.—The financial statements more loans for a facility that are the subject Bank in connection with any agreement and the report of the accountant shall be in- of the guarantee. issued under this title. cluded in a report that— ‘‘(2) LIMITATION.—The total amount of (b) FULL FAITH AND CREDIT.— (I) contains, to the extent applicable, the loans guaranteed for a facility by the Sec- (1) OBLIGATION.—A loan guarantee issued information identified in section 9106 of title retary shall not exceed 80 percent of the by the Bank under section 1805(c) shall con- 31, United States Code; and total cost of the facility, as estimated at the stitute an obligation, in accordance with the (II) the Bank shall submit to Congress not terms of the guarantee, of the United States. time at which the guarantee is issued.’’. later than 210 days after the end of the last (d) SUBROGATION.—Section 1702(g)(2) of the (2) PAYMENT.—The full faith and credit of fiscal year covered by the audit. Energy Policy Act of 2005 (42 U.S.C. the United States is pledged for the full pay- (ii) REVIEW.—The Comptroller General of 16512(g)(2)) is amended— ment and performance of the obligation. the United States may review the audit con- (1) by striking subparagraph (B); and (c) FEES.— ducted by the accountant and the report to (2) by redesignating subparagraph (C) as (1) IN GENERAL.—The Bank shall establish Congress in such manner and at such times subparagraph (B). and collect fees for services under this title as the Comptroller General considers nec- (e) FEES.—Section 1702(h) of the Energy in amounts to be determined by the Bank. essary. Policy Act of 2005 (42 U.S.C. 16512(h)) is (2) AVAILABILITY OF FEES.—Except as pro- (3) ALTERNATIVE AUDITS BY COMPTROLLER amended by striking paragraph (2) and in- vided in paragraph (3), fees collected by the GENERAL OF THE UNITED STATES.— serting the following: Bank under paragraph (1) (including fees col- (A) IN GENERAL.—In lieu of the financial ‘‘(2) AVAILABILITY.—Fees collected under lected for administrative expenses in car- and compliance audit required by paragraph this subsection shall— rying out subsections (c) and (d) of section (2), the Comptroller General of the United ‘‘(A) be deposited by the Secretary into a 1805) may be retained by the Bank and may States shall, if the Comptroller General con- special fund in the Treasury to be known as remain available to the Bank, without fur- siders it necessary, audit the financial state- the ‘Incentives For Innovative Technologies ther appropriation or fiscal year limitation, ments of the Bank in the manner provided Fund’; and for payment of administrative expenses in- under paragraph (2). ‘‘(B) remain available to the Secretary for curred in carrying out this title. (B) REIMBURSEMENT.—The Bank shall reim- expenditure, without further appropriation (3) FEE TRANSFER AUTHORITY.—Fees col- burse the Comptroller General of the United or fiscal year limitation, for administrative lected by the Bank for the cost (as defined in States for the full cost of any audit con- expenses incurred in carrying out this section 502 of the Federal Credit Reform Act ducted under this paragraph. title.’’. of 1990 (2 U.S.C. 661a)) of a loan or loan guar- (4) AVAILABILITY OF RECORDS.—All books, SEC. 1811. INTEGRATION OF LOAN GUARANTEE antee made under subsection (c) or (d) of sec- accounts, financial records, reports, files, PROGRAMS. tion 1805 shall be transferred by the Bank to work papers, and property belonging to or in (a) DEFINITION OF BANK.—Section 1701 of the respective credit program accounts. use by the Bank and the accountant who the Energy Policy Act of 2005 (42 U.S.C. SEC. 1808. GENERAL PROVISIONS AND POWERS. conducts the audit under paragraph (2), that 16511) is amended— (a) PRINCIPAL OFFICE.—The Bank shall— are necessary for purposes of this subsection, (1) by redesignating paragraphs (1) through (1) maintain its principal office in the Dis- shall be made available to the Comptroller (5) as paragraphs (2) through (6), respec- trict of Columbia; and General of the United States. tively; and

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.093 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5245 (2) by inserting before paragraph (2) (as so sequences a warming climate will have on essary to increase the number and amounts redesignated) the following: global food production; and of nuclear science talent expansion grants ‘‘(1) BANK.—The term ‘Bank’ means the (2) as the United States assesses the costs and nuclear science competitiveness grants Clean Energy Investment Bank of the United of climate change, the potential of harmful provided under section 5004 of the America States established by section 1803(a) of the impacts on global crop harvests and result- COMPETES Act (42 U.S.C. 16532); and Clean Energy Investment Bank Act of 2008.’’. ing food security crises should be fully con- (2) of the remainder— (b) ADMINISTRATION.— sidered. (A) 50 percent shall be allocated to the Sec- (1) IN GENERAL.—Title XVII of the Energy (c) REPORT.—Not later than December 31, retary of Labor, in consultation with nuclear Policy Act of 2005 (42 U.S.C. 16511 et seq.) is 2008, the President shall submit to Congress energy entities and organized labor, for use amended by striking ‘‘Secretary’’ each place a report that assesses the specific impact of for each applicable period to expand work- it appears (other than the last place it ap- weather-related events on the global food force training to meet the high demand for pears in section 1702(a)) and inserting crisis that emerged during the first 180 days workers skilled in nuclear power plant con- ‘‘Board’’. of 2008. struction and operation, including programs (2) CONFORMING AMENDMENTS.—Section for— 1702(g) of the Energy Policy Act of 2005 (42 SA 4878. Mr. ROBERTS (for himself (i) electrical craft certification; U.S.C. 16512(g)) is amended— and Mr. CHAMBLISS) submitted an (ii) preapprenticeship career technical edu- (A) in the heading for paragraph (1), by amendment intended to be proposed by cation for industrialized skilled crafts that striking ‘‘SECRETARY’’ and inserting ‘‘BANK’’; him to the bill S. 3036, to direct the Ad- are useful in the construction of nuclear and ministrator of the Environmental Pro- power plants; (B) in the heading for paragraph (3), by (iii) community college and skill center striking ‘‘SECRETARY’’ and inserting ‘‘BANK’’. tection Agency to establish a program training for nuclear power plant technicians; (c) APPLICATION.—The amendments made to decrease emissions of greenhouse (iv) training of construction management by this section are effective on the date the gases, and for other purposes; which personnel for nuclear power plant construc- President transfers to the Bank under sec- was ordered to lie on the table; as fol- tion projects; and tion 1809(b)(1) the authority to carry out lows: (v) regional grants for integrated nuclear title XVII of the Energy Policy Act of 2005 At the end of subtitle I of title V, add the energy workforce development programs; (42 U.S.C. 16511 et seq.). following: and SEC. 1812. AUTHORIZATION OF APPROPRIATIONS. (B) 50 percent shall be made available to ll SEC. 5 . GUARANTEED PROTECTION OF AMER- the Secretary of Education for use for each (a) IN GENERAL.—Subject to subsection (b), ICAN AGRICULTURAL PRODUCERS there are authorized to be appropriated to FROM HIGHER FERTILIZER PRICES applicable period to support climate change the Bank, to remain available until ex- CAUSED BY THIS ACT. policy and science education in the United pended, such sums as are necessary to— This Act shall not take effect until the States. (1) replenish or increase the Clean Energy date on which the Secretary of Agriculture, On page 292, strike line 22 and insert the Investment Bank Fund; or after consultation with the Administrator, following: (2) discharge obligations of the Bank pur- determines that the implementation of this chased by the Secretary of the Treasury Act will not cause the retail price of fer- SEC. 901. FINDINGS; SENSE OF SENATE. under this title. tilizer to increase more than 20 percent dur- (a) FINDINGS.—Congress finds that— (b) MINIMUM LEVELS IN THE CLEAN ENERGY ing the period of effectiveness of this Act. (1) more than 40 years of experience in the INVESTMENT BANK FUND.—No appropriations United States relating to commercial nu- shall be made to augment the Clean Energy SA 4879. Mr. DOMENICI submitted an clear power plants have demonstrated that Investment Bank Fund unless the balance in amendment intended to be proposed by nuclear reactors can be operated safely; the Clean Energy Investment Bank Fund is him to the bill S. 3036, to direct the Ad- (2) in 2007, nuclear power plants produced projected to be less than $50,000,000 during ministrator of the Environmental Pro- 19 percent of the electricity generated in the the fiscal year for which an appropriation is tection Agency to establish a program United States; made. (3) nuclear power plants are the only base- to decrease emissions of greenhouse load source of emission-free electric genera- SA 4877. Mr. CASEY (for himself and gases, and for other purposes; which tion, emitting no greenhouse gases or cri- Mr. WARNER) submitted an amendment was ordered to lie on the table; as fol- teria pollutants associated with acid rain, intended to be proposed by him to the lows: smog, or ozone; bill S. 3036, to direct the Administrator Amend the title so as to read: ‘‘A bill to (4) in 2007, nuclear power plants in the of the Environmental Protection Agen- promote the energy security of the United United States— States, and for other purposes.’’. (A) avoided more than 692,000,000 metric cy to establish a program to decrease tons of carbon dioxide emissions; and emissions of greenhouse gases, and for Mr. WARNER (for himself, (B) accounted for more than 73 percent of other purposes; which was ordered to SA 4880. Mr. LIEBERMAN, Mr. CARPER, Mrs. emission-free electric generation in the lie on the table; as follows: United States; DOLE, and Mr. COLEMAN) submitted an (5) a lifecycle emissions analysis by the At the end of subtitle C of title III, add the amendment intended to be proposed by following: International Energy Agency determined him to the bill S. 3036, to direct the Ad- SEC. 3ll. SENSE OF SENATE REGARDING THE that nuclear power plants emit fewer green- POTENTIAL IMPACT OF CLIMATE ministrator of the Environmental Pro- house gases than wind energy, solar energy, CHANGE ON THE GLOBAL FOOD CRI- tection Agency to establish a program and biomass on a per kilowatt-hour basis; SIS. to decrease emissions of greenhouse (6) construction of a new nuclear power (a) FINDINGS.—The Senate finds that— gases, and for other purposes; which plant is estimated to require between 1,400 (1) the costs of addressing climate change was ordered to lie on the table; as fol- and 1,800 jobs during a 4-year period, with will only increase the longer the causes of lows: peak employment reaching as many as 2,400 climate change are not addressed; workers; (2) the consequences of climate change will On page 164, strike line 15 and insert the (7)(A) once operational, a new nuclear include major storms and weather-related following: power plant is estimated to provide 400 to 600 disruptions, increased wildfires, and loss of (c) EDUCATION AND TRAINING.—For each full-time jobs for up to 60 years; and food crops; Beginning on page 181, strike line 1 and all (B) jobs at nuclear power plants pay, on av- (3) the Secretary of Agriculture has deter- that follows through page 183, line 3, and in- erage, 40 percent more than other jobs in mined that climate change is already affect- sert the following: surrounding communities; ing water resources, agriculture, land re- SEC. 536. EDUCATION AND TRAINING. (8) revitalization of a domestic manufac- sources, and biodiversity, and will continue (a) DEFINITION OF APPLICABLE PERIOD.—In turing industry to provide nuclear compo- to do so; this section, the term ‘‘applicable period’’ nents for new power plants that can be de- (4) a leading cause of the ongoing global means— ployed in the United States and exported for food crisis is heightened volatility in climate (1) each 5-year period during the period be- use in global carbon reduction programs will conditions leading to extended droughts ginning on January 1, 2012, and ending on De- provide thousands of new, high-paying jobs around the world, particularly in Australia; cember 31, 2047; and and contribute to economic growth in the and (2) the 3-year period beginning on January United States; (5) the consequences of increased food 1, 2048, and ending on December 31, 2050. (9) data of the Bureau of Labor Statistics prices have already resulted in hunger and (b) USE OF FUNDS.—Of amounts made avail- demonstrate that it is safer to work in a nu- political unrest in many parts of the world. able under section 534(c) for the calendar clear power plant than to work in the real (b) SENSE OF SENATE.—It is the sense of the years in each applicable period— estate or financial sectors; Senate that— (1) the Secretary of Energy shall use such (10) while aggressive energy efficiency (1) it is in the interest of the United States amounts for each applicable period as the measures and an increased deployment of re- to address in a serious manner the con- Secretary of Energy determines to be nec- newable generation can and should be taken,

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.093 S05JNPT1 smartinez on PROD1PC64 with SENATE S5246 CONGRESSIONAL RECORD — SENATE June 5, 2008 the United States will be unable to meet cli- him to the bill S. 3036, to direct the Ad- (i) the TAP price established for the pre- mate reduction goals without the construc- ministrator of the Environmental Pro- ceding calendar year, increased by 5 percent; tion of new nuclear power plants; tection Agency to establish a program and (11) modeling conducted by the Environ- to decrease emissions of greenhouse (ii) the ratio that— mental Protection Agency and the Energy (I) the implicit price deflator for the gross Information Administration demonstrate gases, and for other purposes; which domestic product, as computed and published that emission reductions are greater, and was ordered to lie on the table; as fol- by the Department of Commerce for the compliance costs are lower, if nuclear power lows: most recent 4-calendar quarter period for plants are used to provide a greater percent- On page 31, between lines 9 and 10, insert which data is available; bears to age of electricity; the following: (II) the implicit price deflator for the gross (12) the United States has been a world (50) TAP.—The term ‘‘TAP’’ means the domestic product, as computed and published leader in nuclear science; and technology accelerator payment determined by the Department of Commerce for the 4- (13) institutions of higher education in the under section 202(a)(2). calendar quarter period immediately pre- United States will play a critical role in ad- On page 31, line 10, strike ‘‘(50)’’ and insert ceding the period referred to in subclause (I). vancing knowledge about the use and the ‘‘(51)’’. (3) USE OF TAP PRICE PAYMENTS.— safety of nuclear energy for the production (A) IN GENERAL.—For each of calendar of electricity. On page 31, line 14, strike ‘‘(51)’’ and insert years 2012 through 2050, the Administrator ‘‘(52)’’. (b) SENSE OF SENATE REGARDING USE OF shall transfer to the Climate Change Tech- FUNDS.—It is the Sense of the Senate that Beginning on page 65, strike line 3 and all nology Board established by section 431 an Congress should stimulate private sector in- that follows through page 66, line 19, and in- amount equal to the total amount of TAP vestment in the manufacturing of nuclear sert the following: price payments received by the Adminis- project components in the United States, in- SEC. 202. COMPLIANCE OBLIGATION. trator under paragraph (1)(B) for that cal- cluding through the financial incentives pro- (a) SUBMISSION OF ALLOWANCES OR TAP endar year. gram established under this subtitle. PRICE.— (B) USE BY BOARD.—The Climate Change SEC. 902. DEFINITIONS. (1) IN GENERAL.—Not later than 90 days Technology Board shall use amounts trans- On page 293, line 10, strike ‘‘and’’. after the end of each of calendar years 2012 ferred to the Board under subparagraph (A) On page 293, line 13, strike the period and through 2050, the owner or operator of a cov- to accelerate the commercialization and dif- insert ‘‘; and’’. ered entity shall submit to the Adminis- fusion of low- and zero-carbon technologies On page 293, between lines 13 and 14, insert trator— and practices. the following: (A) an emission allowance or an offset al- On page 67, lines 4 and 5, strike ‘‘paragraph (D) establishing procedures, programs, and lowance for each carbon dioxide equivalent (2) nor paragraph (5) of subsection (a)’’ and facilities to achieve American Society of Me- of— insert ‘‘clause (ii) nor clause (v) of sub- chanical Engineers certification standards. (i) non-HFC greenhouse gas that was emit- section (a)(1)(A)’’. On page 294, strike lines 3 and 4 and insert ted by that covered entity in the United On page 67, line 18, strike ‘‘subsection the following: States during the preceding calendar year (a)(2)’’ and insert ‘‘subsection (a)(1)(A)(ii)’’. (A)(i) emits no carbon dioxide into the at- through the use of coal; On page 68, line 14, strike ‘‘(a)’’ and insert mosphere; or (ii) non-HFC greenhouse gas that will be ‘‘(a)(1)(A)’’. (ii) is fossil-fuel fired and— emitted through the use of petroleum-based On page 70, line 7, strike ‘‘(a)’’ and insert (I) emits into the atmosphere not more liquid or gaseous fuel, petroleum coke, or ‘‘(a)(1)(A)’’. than 250 pounds of carbon dioxide per mega- coal-based liquid or gaseous fuel that was, On page 70, lines 15 and 16, strike ‘‘para- watt-hour (after adjustment for any carbon during the preceding calendar year, manu- graph (2), (3), or (5) of subsection (a)’’ and in- dioxide from the unit that is geologically se- factured by that covered entity in the United sert ‘‘clause (ii), (iii), or (v) of subsection questered); or States or imported into the United States by (a)(1)(A)’’. (II)(aa) uses subbituminous coal, lignite, or that covered entity; petroleum coke in significant quantities; and On page 71, line 3, strike ‘‘(a)(2)’’ and insert (iii) non-HFC greenhouse gas, that was, ‘‘(a)(1)(A)(ii)’’. (bb) meets the emission performance during the preceding calendar year, manu- standard promulgated pursuant to sub- factured by that covered entity in the United SA 4882. Mr. SPECTER (for himself, section 1012; and States or imported into the United States by On page 294, strike lines 7 through 12 and Mr. BROWN, Mr. LEVIN, Ms. KLOBUCHAR, that covered entity, in each case in which insert the following: the non-HFC greenhouse gas is not itself a and Ms. STABENOW) submitted an (5) ZERO- OR LOW-CARBON GENERATION TECH- petroleum- or coal-based gaseous fuel or nat- amendment intended to be proposed by NOLOGY.—The term ‘‘zero- or low-carbon gen- ural gas; him to the bill S. 3036, to direct the Ad- eration technology’’ means— (iv) each HFC that was, during the pre- ministrator of the Environmental Pro- (A) a technology used to create zero- or ceding calendar year, emitted as a byproduct low-carbon generation, including— tection Agency to establish a program of hydrochlorofluorocarbon manufacture in (i) a technology referred to in section to decrease emissions of greenhouse the United States by that covered entity; 832(a); and gases, and for other purposes; which and (ii) nuclear power technology; or was ordered to lie on the table; as fol- (v) non-HFC greenhouse gas that will be (B) any other technology relating to a low- emitted— lows: or zero-carbon activity that meets the re- (I) through the use of natural gas that was, Beginning on page 382, strike line 24 and quirements of this subtitle. during the preceding calendar year, proc- all that follows through page 385, line 10, and SEC. 903. LOW- AND ZERO-CARBON ELECTRICITY essed in the United States by that covered insert the following: TECHNOLOGY FUND. entity, imported into the United States by (4) COMPARABLE ACTION.—The term ‘‘com- On page 294, line 16, strike ‘‘903’’ and insert that covered entity, or produced in the State parable action’’ means any greenhouse gas ‘‘904’’. of Alaska or the Federal waters of the outer regulatory programs, requirements, and On page 297, line 5, strike ‘‘904’’ and insert Continental Shelf off the coast of that State other measures adopted by a foreign country ‘‘905’’. that, in combination, are comparable in ef- On page 297, line 7, strike ‘‘903’’ and insert by that covered entity and not reinjected fect to actions carried out by the United ‘‘904’’. into the field; or On page 297, line 10, strike ‘‘905’’ and insert (II) through the use of natural gas liquids States, such that, on a countrywide basis, ‘‘906’’. that were, during the preceding year, proc- the measures mandate and achieve a per- On page 297, line 14, strike ‘‘904’’ and insert essed in the United States by that covered centage reduction (or limitation on increase, ‘‘905’’. entity or imported into the United States by as appropriate) of greenhouse gas emissions On page 297, line 18, strike ‘‘906’’ and insert that covered entity; or in the foreign country, as compared to the ‘‘907’’. (B) a payment equal to the amount of the greenhouse gas emissions of the foreign On page 297, line 19, strike ‘‘906’’ and insert applicable TAP price in lieu of submission of country during calendar year 2005, that is ‘‘907’’. 1 or more required emission allowances or substantially equivalent to the percentage On page 298, line 4, strike ‘‘907’’ and insert offset allowances, to be used by the Adminis- reduction (or limitation on increase, as ap- ‘‘908’’. trator in accordance with paragraph (3). propriate) in United States emissions man- On page 298, line 17, strike ‘‘909’’ and insert (2) DETERMINATION OF APPLICABLE TAP dated and achieved under this Act, as com- ‘‘910’’. PRICE.—The applicable TAP price per allow- pared to the greenhouse gas emissions of the On page 299, line 16, strike ‘‘908’’ and insert ance shall be— United States during calendar year 2005. ‘‘909’’. (A) for calendar year 2012, $12 per metric On page 386, strike lines 16 through 20 and On page 301, line 11, strike ‘‘909’’ and insert ton of carbon dioxide equivalent emitted by insert the following: ‘‘910’’. a covered entity; and (10) INDIRECT GREENHOUSE GAS EMISSIONS.— (B) for each subsequent calendar year, an The term ‘‘indirect greenhouse gas emis- SA 4881. Mr. SPECTER submitted an amount equal to the product obtained by sions’’ means any emissions of a greenhouse amendment intended to be proposed by multiplying— gas—

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(A) resulting from the generation of elec- On page 419, line 2, strike ‘‘clause (i)’’ and Quantity tricity that is consumed during the manufac- insert ‘‘subparagraph (B)’’. of emission ture of a good; or On page 419, line 9, strike ‘‘clause (i)’’ and Calendar Year allowances (B) directly or indirectly associated with insert ‘‘subparagraph (B)’’. (in mil- the production of any input used in the man- On page 421, between lines 19 and 20, insert lions) ufacture of a good. the following: On page 388, strike lines 3 through 18. (3) LIMITATION.—Notwithstanding any 2019 ...... 6,245 On page 388, line 19, strike ‘‘(15)’’ and insert other provisions of this Act, the quantity of 2020 ...... 6,188 ‘‘(14)’’. foreign allowances and foreign credits sub- 2021 ...... 6,097 On page 392, strike lines 4 and 5 and insert mitted by a United States importer pursuant 2022 ...... 6,006 the following: to this subsection shall not exceed 15 percent 2023 ...... 5,915 2024 ...... 5,823 would otherwise be excluded under subpara- of the quantity of allowances that the im- 2025 ...... 5,732 graph (B) of section 1306(b)(2); and porter is required to submit pursuant to sub- 2026 ...... 5,550 On page 398, strike lines 8 through 10. section (d). 2027 ...... 5,367 On page 398, line 11, strike ‘‘(5)’’ and insert On page 422, line 5, strike ‘‘2013’’ and insert 2028 ...... 5,184 ‘‘(4)’’. ‘‘2011’’. 2029 ...... 5,002 On page 398, line 13, strike ‘‘(6)’’ and insert On page 422, line 11, strike ‘‘2017’’ and in- 2030 and each calendar year ‘‘(5)’’. sert ‘‘2015’’. thereafter through calendar On page 399, line 24, strike ‘‘2013’’ and in- year 2050 ...... 4,819 sert ‘‘2011’’. SA 4883. Mr. SPECTER (for himself, On page 400, line 1, strike ‘‘, and the extent Mr. COLEMAN, Ms. KLOBUCHAR, Ms. to which,’’. STABENOW, and Mr. CASEY) submitted SA 4885. Mr. ISAKSON (for himself On page 400, strike lines 4 through 12 and an amendment intended to be proposed and Mr. GRAHAM) submitted an amend- insert the following: by him to the bill S. 3036, to direct the ment intended to be proposed by him the foreign country. Administrator of the Environmental to the bill S. 3036, to direct the Admin- On page 400, strike lines 16 and 17 and in- sert the following: Protection Agency to establish a pro- istrator of the Environmental Protec- gram to decrease emissions of green- tion Agency to establish a program to list pursuant to subparagraph (B) of section 1306(b)(2) for that calendar year. house gases, and for other purposes; decrease emissions of greenhouse gases, On page 403, line 12, strike ‘‘third’’ and in- which was ordered to lie on the table; and for other purposes; which was or- sert ‘‘first’’. as follows: dered to lie on the table; as follows: Beginning on page 403, strike line 18 and On page 21, strike lines 6 and 7 and insert At the appropriate place, insert the fol- all that follows through page 405, line 7, and ‘‘uses more than 5,000 metric tons of coal (ex- lowing: insert the following: cept for coal or coke used in ironmaking, TITLE ll—HOMESTEAD OPEN SPACE (2) EXCLUDED LIST.—The Commission shall steelmaking, or steel recycling processes, or PRESERVATION AND CONSERVATION identify and publish in a list, to be known as coal used to produce coke for ironmaking, SEC. ll1. SHORT TITLE; AMENDMENT OF 1986 the ‘‘excluded list’’, the name of— steelmaking, or steel recycling processes) in CODE. (A) each foreign country determined by the the United States;’’. (a) SHORT TITLE.—This title may be cited Commission under section 1305(a) to have On page 21, strike line 21 and insert ‘‘or as the ‘‘Paul Coverdell Homestead Open taken action comparable to that taken by gaseous fuel (except for gaseous fuel pro- Space Preservation and Conservation Act of the United States to limit the greenhouse duced in ironmaking, steelmaking, or steel 2008’’. gas emissions of the foreign country; and recycling processes), the combustion of (b) AMENDMENT OF 1986 CODE.—Except as (B) each foreign country identified by the which will,’’. otherwise expressly provided, whenever in United Nations as among the least-developed On page 65, strike line 11 and insert ‘‘the this title an amendment or repeal is ex- developing countries. preceding calendar year through the use of pressed in terms of an amendment to, or re- On page 405, line 20, strike ‘‘2014’’ and in- coal (except for coal or coke used in peal of, a section or other provision, the ref- sert ‘‘2012’’. ironmaking, steelmaking, or steel recycling erence shall be considered to be made to a On page 413, strike lines 1 through 13 and processes, or coal used to produce coke for section or other provision of the Internal insert the following: ironmaking, steelmaking, or steel recycling Revenue Code of 1986. (A) the national greenhouse gas intensity processes);’’. SEC. ll2. FINDINGS AND PURPOSE. rate for each category of covered goods of On page 65, strike line 15 and insert ‘‘gas- (a) FINDINGS.—Congress finds the fol- each covered foreign country for the compli- eous fuel (except for gaseous fuel produced in lowing: ance year, as determined by the Adminis- ironmaking, steelmaking, or steel recycling (1) Tax and economic policies have for a trator under paragraph (3); and processes) that was, during the preceding sustained period of time inadvertently cre- (B) the allowance adjustment factor for the calendar’’. ated financial difficulties for our Nation’s industry sector of the covered foreign coun- farming and ranching families that, among try that manufactured the covered goods en- SA 4884. Mr. SPECTER submitted an other negative impacts, has forced a signifi- tered into the United States, as determined amendment intended to be proposed by cant number of them to liquidate their land by the Administrator under paragraph (4). him to the bill S. 3036, to direct the Ad- holdings. On page 414, lines 1 and 2, strike ‘‘for the ministrator of the Environmental Pro- (2) This has particularly been the case in category of covered goods if’’ and insert ‘‘in tection Agency to establish a program areas surrounding growing urban centers and relation to goods’’. resort destinations. Beginning on page 415, strike line 24 and to decrease emissions of greenhouse (3) This has fragmented many of our Na- all that follows through page 416, line 19, and gases, and for other purposes; which tion’s large landscapes and disrupted many insert the following: was ordered to lie on the table; as fol- communities that historically derived their (5) ANNUAL CALCULATION.—The Adminis- lows: cultural and economic identities from the On page 417, line 3, strike ‘‘(7)’’ and insert Strike subsection (a) of section 201 and in- land. ‘‘(6)’’. sert the following: (4) The impact of this has been to deprive On page 417, line 10, strike ‘‘(8)’’ and insert (a) ESTABLISHMENT.—Not later than 60 days many areas of open green space, which in ‘‘(7)’’. after the date of enactment of this Act, the turn has not only negatively affected our On page 417, strike lines 17 through 20 and Administrator shall establish a quantity of human settlements through the resulting insert the following: emission allowances for each of calendar sprawl, but has also dramatically reduced category of covered goods that are manufac- years 2012 through 2050, as follows: the amount of sustaining habitat for our tured or processed in more than 1 foreign natural communities of plants and animals. country. (b) PURPOSE.—The purpose of this title is Quantity to provide an economic mechanism that will On page 417, strike lines 21 through 23 and of emission insert the following: Calendar Year allowances restore and conserve our Nation’s natural es- (B) REQUIREMENTS.—Except as provided in (in mil- tate in the form of forests, farms, ranches, subparagraph (C), the procedures established lions) and wetlands while protecting our water- On page 418, strike line 1 and insert the fol- ways and our forests and open space in a lowing: 2012 ...... 6,652 manner that keeps them subject to private (i) to determine, for each covered 2013 ...... 6,592 ownership and supportive of our surviving On page 418, strike line 11 and insert the 2014 ...... 6,533 but threatened natural communities of following: 2015 ...... 6,474 plants and animals. (ii) of the international reserve 2016 ...... 6,416 SEC. ll3. QUALIFIED CONSERVATION CREDIT. On page 418, line 20, strike ‘‘clause (i)’’ and 2017 ...... 6,358 (a) IN GENERAL.—Subpart B of part IV of insert ‘‘subparagraph (B)’’. 2018 ...... 6,301 subchapter A of chapter 1 (relating to other

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.108 S05JNPT1 smartinez on PROD1PC64 with SENATE S5248 CONGRESSIONAL RECORD — SENATE June 5, 2008 credits) is amended by adding at the end the has the meaning given such term by section ‘‘(iv) the amount (if any) allocated under following new section: 170(h)(5), except that an acquisition shall not subparagraph (G) to such State by the Sec- ‘‘SEC. 30D. QUALIFIED CONSERVATION CREDIT. be treated as exclusively for conservation retary. ‘‘(a) GENERAL RULE.—There shall be al- purposes unless the instrument conveying ‘‘(D) AGGREGATE ANNUAL CREDIT.—For pur- lowed as a credit against the tax imposed by the qualified real property interest expressly poses of subparagraph (C)(i), the aggregate this chapter, in the case of a qualified con- provides that the conservation purposes may annual credit is determined in accordance servation organization, the amount of the be enforced by both the attorney general of with the following table: taxpayer’s qualified conservation expendi- the State in which the real property is lo- ‘‘For the calendar The aggregate cated and the qualified conservation organi- year ending: annual credit is: tures for the taxable year. zation. December 31, 2009 ...... $4,000,000,000 ‘‘(b) QUALIFIED CONSERVATION EXPENDI- ‘‘(f) APPRAISED VALUE.—For purposes of December 31, 2010 ...... $4,500,000,000 TURES.—For purposes of this section— this section, the term ‘appraised value’ December 31, 2011 ...... $5,000,000,000 ‘‘(1) IN GENERAL.—The term ‘qualified con- means the fair market value as determined December 31, 2012 ...... $5,500,000,000 servation expenditures’ means the sum of by a qualified appraisal (as defined in section December 31, 2013 ...... $6,000,000,000 the qualified conservation organization’s— 155(a)(4) of the Deficit Reduction Act of 1984). ‘‘(E) STATE CONSERVATION CREDIT CEILING ‘‘(A) acquisition costs, plus ‘‘(g) LIMITATION BASED ON AMOUNT OF RETURNED.—For purposes of clause (iii), the ‘‘(B) reserve funds. TAX.—The credit allowed under subsection amount of State conservation credit ceiling ‘‘(2) ACQUISITION COSTS.—The term ‘acquisi- (a) shall not exceed the taxpayer’s liability returned in the calendar year equals the con- tion costs’ means the sum of— for income tax (including unrelated business servation credit dollar amount previously al- ‘‘(A) the lesser of— income tax) for the taxable year. located within the State to any proposed ac- ‘‘(i) the total of the amounts that a quali- ‘‘(h) LIMITATION ON AGGREGATE CREDIT AL- quisition of a qualified real property interest fied conservation organization paid during LOWABLE WITH RESPECT TO ACQUISITIONS OF which is not acquired within the period re- the taxable year to acquire qualified real QUALIFIED REAL PROPERTY INTERESTS LO- quired by the terms of the allocation or to property interests exclusively for conserva- CATED IN A STATE.— any proposed acquisition of a qualified real tion purposes, or ‘‘(1) CREDIT MAY NOT EXCEED CREDIT property interest with respect to which an ‘‘(ii) the aggregate appraised value of the AMOUNT ALLOCATED TO ACQUISITION OF QUALI- allocation is canceled by mutual consent of qualified real property interests referred to FIED REAL PROPERTY INTEREST.— the conservation credit agency and the in clause (i), plus ‘‘(A) IN GENERAL.—The amount of the cred- qualified conservation organization receiv- ‘‘(B) so much of the transaction costs rea- it determined under subsection (a) for any ing the allocation. sonably incurred during the taxable year in taxable year with respect to the acquisition ‘‘(F) UNUSED AGGREGATE ANNUAL CREDIT.— connection with the acquisition of qualified of any qualified real property interest shall Any portion of the aggregate annual credit real property interests as do not exceed 2 not exceed the conservation credit dollar for a calendar year that is not allocated to a percent of the amount determined in sub- amount allocated to such acquisition under State’s conservation credit ceiling because paragraph (A). this subsection. of the 4 percent limitation under subpara- ‘‘(3) RESERVE FUNDS.— ‘‘(B) TIME FOR MAKING ALLOCATION.—An al- graph (C)(i)(II) shall be allocated by the Sec- ‘‘(A) IN GENERAL.—The term ‘reserve funds’ location shall be taken into account under retary among the remaining States, subject means amounts permanently set aside by a subparagraph (A) only if it is made not later to such 4 percent limitation, in proportion to qualified conservation organization as an en- than the close of the calendar year in which their respective land used for agricultural dowment to fund the future costs of enforc- the qualified real property interest is ac- purposes and private forest land. ing and maintaining qualified real property quired. ‘‘(G) UNUSED CONSERVATION CREDIT interests acquired by the qualified conserva- ‘‘(C) ALLOCATION REDUCES AGGREGATE CARRYOVERS ALLOCATED AMONG CERTAIN tion organization exclusively for conserva- AMOUNT AVAILABLE TO AGENCY.—Any con- STATES.— tion purposes. servation credit dollar amount allocated to ‘‘(i) IN GENERAL.—The unused conservation ‘‘(B) ENDOWMENT.—The term ‘endowment’ the acquisition of any qualified real property credit carryover of a State for any calendar means a restricted fund held in a segregated interest for any calendar year shall reduce year shall be assigned to the Secretary for account, the income and realized apprecia- the aggregate conservation credit dollar allocation among qualified States for the tion of which may be expended solely for the amount of the allocating conservation credit succeeding calendar year. purposes designated under this section, and agency for such calendar year. ‘‘(ii) UNUSED CONSERVATION CREDIT CARRY- which may be invested solely in qualified in- ‘‘(2) CONSERVATION CREDIT DOLLAR AMOUNT OVER.—For purposes of this paragraph, the vestments (as defined in section FOR AGENCIES.— unused conservation credit carryover of a 501(c)(21)(D)(ii)). ‘‘(A) IN GENERAL.—The aggregate conserva- State for any calendar year is the excess (if ‘‘(C) LIMITATION.—The amount of reserve tion credit dollar amount which a conserva- any) of the State conservation credit ceiling funds which may be taken into account tion credit agency may allocate for any cal- for such year (as defined in subparagraph (C)) under paragraph (1)(B) for the taxable year endar year is the portion of the State con- over the aggregate conservation credit dollar shall not exceed 8 percent of the acquisition servation credit ceiling allocated under this amount allocated by such State for such costs for that taxable year. paragraph for such calendar year to such year. ‘‘(c) QUALIFIED CONSERVATION ORGANIZA- agency. ‘‘(iii) FORMULA FOR ALLOCATION OF UNUSED TION.—For purposes of this section, the term ‘‘(B) STATE CEILING INITIALLY ALLOCATED TO CONSERVATION CREDIT CARRYOVERS AMONG ‘qualified conservation organization’ means, STATE CONSERVATION CREDIT AGENCIES.—Ex- QUALIFIED STATES.—The Secretary shall de- with respect to any taxable year— cept as provided in subparagraphs (F) and termine the formula for allocating the un- ‘‘(1) an organization which— (G), the State conservation credit ceiling for used conservation credit carryovers among ‘‘(A) is described in section 170(h)(3), each calendar year shall be allocated to the the qualified States for a calendar year. In ‘‘(B) has been in existence for at least 2 conservation credit agency of such State. If the determination of such formula, the Sec- calendar years immediately before the tax- there is more than 1 conservation credit retary shall assure that each qualified State able year, and agency of a State, all such agencies shall be in a calendar year shall receive some allo- ‘‘(C) was organized to serve primarily con- treated as a single agency. cated amount of the unused conservation servation purposes (as defined in section ‘‘(C) STATE CONSERVATION CREDIT CEILING.— credit carryover for that year but that such 170(h)(4)), The State conservation credit ceiling appli- carryovers shall otherwise be allocated ‘‘(2) a limited partnership, all the general cable to any State for any calendar year among the qualified States in a manner that partners of which are organizations de- shall be an amount equal to the sum of— best realizes the purpose of this section. scribed in paragraph (1), or ‘‘(i) the lesser of— ‘‘(iv) QUALIFIED STATE.—For purposes of ‘‘(3) a limited liability company, all the ‘‘(I) an amount equal to the aggregate an- this subparagraph, the term ‘qualified State’ managers of which are organizations de- nual credit multiplied by a fraction, the nu- means, with respect to a calendar year, any scribed in paragraph (1), merator of which is the amount of land lo- State— with respect to which neither the seller of cated in such State that is either used for ‘‘(I) which has adopted a statewide con- the qualified real property interest nor any agricultural purposes or constitutes private servation plan designed to preserve the nat- party related or subordinate to the seller forest land and the denominator of which is ural estate in the form of forests, farms, (within the meaning of section 672(c)) would the amount of land in all States that is ei- ranches, and wetlands located within the be a disqualified person (as defined in section ther used for agricultural purposes or con- boundaries of that State, 4946) if the organization were a private foun- stitutes private forest land, or ‘‘(II) which allocated its entire State con- dation. ‘‘(II) an amount equal to 4 percent of the servation credit ceiling for the preceding cal- ‘‘(d) QUALIFIED REAL PROPERTY INTEREST.— aggregate annual credit for that year, endar year, and For purposes of this section, the term ‘quali- ‘‘(ii) the amount (if any) allocated under ‘‘(III) for which a request is made (not fied real property interest’ has the meaning subparagraph (F) to such State by the Sec- later than May 1 of the calendar year) to re- given such term by section 170(h)(2)(C). retary, ceive an allocation under clause (iii). ‘‘(e) EXCLUSIVELY FOR CONSERVATION PUR- ‘‘(iii) the amount of the State conservation ‘‘(H) SPECIAL RULE FOR STATES WITH CON- POSES.—For purposes of this section, the credit ceiling returned in the calendar year, STITUTIONAL HOME RULE CITIES.—For purposes term ‘exclusively for conservation purposes’ plus of this subsection—

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‘‘(i) IN GENERAL.—The aggregate conserva- (b) RECOGNITION OF GAIN.—Section 1001 (re- (3) by inserting after paragraph (4) the fol- tion credit dollar amount for any constitu- lating to determination of amount of and lowing new paragraph: tional home rule city for any calendar year recognition of gain or loss) is amended by ‘‘(5) the nuclear power facility construc- shall be an amount which bears the same adding at the end the following new sub- tion credit.’’. ratio to the State conservation credit ceiling section: (b) NUCLEAR POWER FACILITY CONSTRUCTION for such calendar year as— ‘‘(f) QUALIFIED REAL PROPERTY INTER- CREDIT.—Subpart E of part IV of subchapter ‘‘(I) the land used for agricultural purposes ESTS.—Gain shall be recognized on the sale of A of chapter 1 of the Internal Revenue Code and private forest land within a 25-mile ra- a qualified real property interest (as defined of 1986 is amended by inserting after section dius of such city, bears to in section 30D(d)) to a qualified conservation 48B the following new section: ‘‘(II) the land used for agricultural pur- organization (as defined in section 30D(c)) ‘‘SEC. 48C. NUCLEAR POWER FACILITY CON- poses and private forest land in the entire exclusively for conservation purposes (as de- STRUCTION CREDIT. State. fined in section 30D(e)) only to the extent ‘‘(a) IN GENERAL.—For purposes of section ‘‘(ii) COORDINATION WITH OTHER ALLOCA- that the amount realized on the sale exceeds 46, the nuclear power facility construction TIONS.—In the case of any state which con- the taxpayer’s adjusted basis in the entire credit for any taxable year is 10 percent of tains 1 or more constitutional home rule cit- property to which the qualified real property the qualified nuclear power facility expendi- ies, for purposes of applying this paragraph interest relates.’’. tures with respect to a qualified nuclear with respect to conservation credit agencies (c) BASIS ADJUSTMENT.—Section 1016 (relat- power facility. in such State other than constitutional ing to adjustments to basis) is amended by ‘‘(b) WHEN EXPENDITURES TAKEN INTO AC- home rule cities, the State conservation redesignating subsection (e) as subsection (f) COUNT.— credit ceiling for any calendar year shall be and by inserting after subsection (d) the fol- ‘‘(1) IN GENERAL.—Qualified nuclear power reduced by the aggregate conservation credit lowing new subsection: facility expenditures shall be taken into ac- dollar amounts determined for such year for ‘‘(e) ADJUSTMENTS TO BASIS OF CERTAIN count for the taxable year in which the all constitutional home rule cities in such REAL PROPERTY.—If the taxpayer has sold a qualified nuclear power facility is placed in State. qualified real property interest in a trans- service. ‘‘(iii) CONSTITUTIONAL HOME RULE CITY.— action to which section 1001(f) applies, then ‘‘(2) COORDINATION WITH SUBSECTION (c).— For purposes of this subparagraph, the term the taxpayer’s basis in the remaining prop- The amount which would (but for this para- ‘constitutional home rule city’ has the erty shall be reduced (but not below zero) by graph) be taken into account under para- meaning given such term by section the amount realized on the sale.’’. graph (1) with respect to any qualified nu- 146(d)(3)(C). (d) CONFORMING AMENDMENTS.— clear power facility shall be reduced (but not ‘‘(I) STATE MAY PROVIDE FOR DIFFERENT AL- (1) PASSIVE LOSS RULES INAPPLICABLE.— below zero) by any amount of qualified nu- LOCATION.—Rules similar to the rules of sec- Section 469(d)(2)(A)(i) is amended to read as tion 146(e) (other than paragraph (2)(B) follows: clear power facility expenditures taken into thereof) shall apply for purposes of this para- ‘‘(i) subpart D (other than section 30D) of account under subsection (c) by the taxpayer graph. part IV of subchapter A, or’’. or a predecessor of the taxpayer, to the ex- tent any amount so taken into account ‘‘(J) LAND USED FOR AGRICULTURAL PUR- (2) UNRELATED BUSINESS INCOME TAX.—Sec- under subsection (c) has not been required to POSES AND PRIVATE FOREST LAND.—For pur- tion 511(a)(1) is amended by striking ‘‘section poses of this paragraph— 11.’’ and inserting ‘‘section 11, less any cred- be recaptured under section 50(a). ‘‘(i) LAND USED FOR AGRICULTURAL PUR- its to which the organization is entitled ‘‘(c) PROGRESS EXPENDITURES.— POSES.—The term ‘land used for agricultural under section 30D.’’. ‘‘(1) IN GENERAL.—A taxpayer may elect to take into account qualified nuclear power fa- purposes’ means the number of acres classi- (3) DENIAL OF CHARITABLE CONTRIBUTION DE- cility expenditures— fied as land in farms in the 1997 Census of DUCTION.—Section 170(e) is amended by add- Agriculture conducted by the United States ing at the end the following new paragraph: ‘‘(A) SELF-CONSTRUCTED PROPERTY.—In the case of a qualified nuclear power facility Department of Agriculture. ‘‘(8) SPECIAL RULE FOR CONTRIBUTIONS OF IN- which is a self-constructed facility, no ear- ‘‘(ii) PRIVATE FOREST LAND.—The term ‘pri- TERESTS IN QUALIFIED CONSERVATION ORGANI- lier than the taxable year for which such ex- vate forest land’ means the number of acres ZATIONS.—No deduction shall be allowed for classified as private forest land in the 1997 the contribution of an interest in a qualified penditures are properly chargeable to capital Forest Inventory and Analysis conducted by conservation organization (as defined in sec- account with respect to such facility, and the United States Forest Service, excluding tion 30D(c)) that has acquired 1 or more ‘‘(B) ACQUIRED FACILITY.—In the case of a any acres so classified therein that are also qualified real property interests in trans- qualified nuclear facility which is not self- included as land in farms in the 1997 Census actions to which section 30D applies.’’. constructed property, no earlier than the taxable year in which such expenditures are of Agriculture described in clause (i). (4) CLASSIFICATION AS PARTNERSHIP.—Sec- ‘‘(K) SECRETARY.—For purposes of this tion 761(a) is amended by adding at the end paid. paragraph, the term ‘Secretary’ means the the following new sentence: ‘‘Such term also ‘‘(2) SPECIAL RULES FOR APPLYING PARA- Secretary of Agriculture and the Secretary includes an organization described in either GRAPH (1).—For purposes of paragraph (1)— of the Interior, acting pursuant to jointly es- section 30D(c)(2) or section 30D(c)(3).’’. ‘‘(A) COMPONENT PARTS, ETC.—Notwith- standing that a qualified nuclear power facil- tablished rules and procedures. (5) CLERICAL AMENDMENT.—The table of ‘‘(3) SPECIAL RULES.— sections for subpart B of part IV of sub- ity is a self-constructed facility, property de- ‘‘(A) INTERESTS MUST BE LOCATED WITHIN chapter A of chapter 1 is amended by adding scribed in paragraph (3)(B) shall be taken JURISDICTION OF CREDIT AGENCY.—A conserva- at the end the following new item: into account in accordance with paragraph (1)(B), and such amounts shall not be in- tion credit agency may allocate its aggre- ‘‘Sec. 30D. Qualified conservation credit.’’. cluded in determining qualified nuclear gate conservation credit dollar amount only (e) EFFECTIVE DATE.—The amendments power facility expenditures under paragraph with respect to acquisitions of qualified real made by this section shall apply to taxable (1)(A). property interests located in the jurisdiction years beginning after December 31, 2008. of the governmental unit of which such agen- ‘‘(B) CERTAIN BORROWING DISREGARDED.— cy is a part. SA 4886. Mr. GRAHAM (for himself Any amount borrowed directly or indirectly by the taxpayer on a nonrecourse basis from ‘‘(B) AGENCY ALLOCATIONS IN EXCESS OF and Mr. ISAKSON) submitted an amend- LIMIT.—If the aggregate conservation credit the person constructing the facility for the ment intended to be proposed by him taxpayer shall not be treated as an amount dollar amounts allocated by a conservation to the bill S. 3036, to direct the Admin- credit agency for any calendar year exceed expended for such facility. the portion of the State conservation credit istrator of the Environmental Protec- ‘‘(C) LIMITATION FOR FACILITIES OR COMPO- ceiling allocated to such agency for such cal- tion Agency to establish a program to NENTS WHICH ARE NOT SELF-CONSTRUCTED.— endar year, the conservation credit dollar decrease emissions of greenhouse gases, ‘‘(i) IN GENERAL.—In the case of a facility amounts so allocated shall be reduced (to the and for other purposes; which was or- or a component of a facility which is not extent of such excess) for acquisitions of dered to lie on the table; as follows: self-constructed, the amount taken into ac- count under paragraph (1)(B) for any taxable qualified real property interests in the re- At the appropriate place, insert the fol- year shall not exceed the excess of— verse order in which the allocations of such lowing: amounts were made. ‘‘(I) the product of the overall cost to the TITLE llNUCLEAR ENERGY ‘‘(4) CONSERVATION CREDIT AGENCY.—For taxpayer of the facility or component of a fa- purposes of this subsection, the term ‘con- Subtitle A—Financial Incentives cility, multiplied by the percentage of com- servation credit agency’ means any agency SEC. ll01. INVESTMENT TAX CREDIT FOR NU- pletion of the facility or component of a fa- authorized to carry out this subsection. CLEAR POWER FACILITIES. cility, less ‘‘(i) REGULATIONS.—Except as provided in (a) NEW CREDIT FOR NUCLEAR POWER FA- ‘‘(II) the amount taken into account under subsection (h)(2)(K), the Secretary shall pre- CILITIES.—Section 46 of the Internal Revenue paragraph (1)(B) for all prior taxable years as scribe such regulations as may be necessary Code of 1986 is amended— to such facility or component of a facility. to carry out the purposes of this section. (1) by striking ‘‘and’’ at the end of para- ‘‘(ii) CARRYOVER OF CERTAIN AMOUNTS.—In ‘‘(j) TERMINATION.—Subparagraph (A) of graph (3); the case of a facility or component of a facil- subsection (h)(1) shall not apply to any (2) by striking the period at the end of ity which is not self-constructed, if for the amount allocated after December 31, 2013.’’. paragraph (4) and inserting ‘‘; and’’; and taxable year the amount which (but for

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clause (i)) would have been taken into ac- ‘‘(A) IN GENERAL.—The term ‘qualified nu- (d) APPLICATION OF SECTION 49.—Subpara- count under paragraph (1)(B) exceeds the clear power facility expenditures’ means any graph (C) of section 49(a)(1) of the Internal amount allowed by clause (i), then the amount paid, accrued, or properly chargeable Revenue Code of 1986 is amended— amount of such excess shall increase the to capital account— (1) by striking ‘‘and’’ at the end of clause amount taken into account under paragraph ‘‘(i) with respect to a qualified nuclear (iii); (1)(B) for the succeeding taxable year with- power facility, (2) by striking the period at the end of out regard to this paragraph. ‘‘(ii) for which depreciation will be allow- clause (iv) and inserting ‘‘, and’’; and ‘‘(D) DETERMINATION OF PERCENTAGE OF able under section 168 once the facility is (3) by inserting after clause (iv) the fol- COMPLETION.—The determination under sub- placed in service, and lowing new clause: paragraph (C) of the portion of the overall ‘‘(iii) which is incurred before the qualified ‘‘(v) the basis of any property which is part cost to the taxpayer of the construction nuclear power facility is placed in service or of a qualified nuclear power facility under which is properly attributable to construc- in connection with the placement of such fa- section 48C.’’. tion completed during any taxable year shall cility in service. (e) DENIAL OF DOUBLE BENEFIT.—Sub- be made on the basis of engineering or archi- ‘‘(B) PRE-EFFECTIVE DATE EXPENDITURES.— section (c) of section 45J of the Internal Rev- tectural estimates or on the basis of cost ac- Qualified nuclear power facility expenditures enue Code of 1986 (relating to other limita- counting records, using information avail- do not include any expenditures incurred by tions) is amended by adding at the end the able at the close of the taxable year in which the taxpayer before January 1, 2008, to the following new paragraph: the credit is being claimed. extent that, at the close of the first taxable ‘‘(3) CREDIT REDUCED FOR GRANTS, TAX-EX- ‘‘(E) DETERMINATION OF OVERALL COST.— year to which the election in subsection (c) EMPT BONDS, SUBSIDIZED ENERGY FINANCING, The determination under subparagraph (C) of applies, it is reasonable to believe that such AND OTHER CREDITS.—The amount of the the overall cost to the taxpayer of the con- expenditures will constitute more than 20 credit determined under subsection (a) with struction of a facility shall be made on the percent of the total qualified nuclear power respect to any facility for any taxable year (determined after the application of para- basis of engineering or architectural esti- facility expenditures. graphs (1) and (2)) shall be reduced by the mates or on the basis of cost accounting ‘‘(3) DELAYS AND SUSPENSION OF CONSTRUC- amount which is the product of the amount records, using information available at the TION.— so determined for such year and the lesser of close of the taxable year in which the credit ‘‘(A) IN GENERAL.—Except for sales or dis- 1⁄2 or a fraction— is being claimed. positions between entities which meet the ‘‘(A) the numerator of which is the sum, ‘‘(F) NO PROGRESS EXPENDITURES FOR PROP- ownership test in section 1504(a), for pur- for the taxable year and all prior taxable ERTY FOR YEAR PLACED IN SERVICE, ETC.—In poses of applying this section and section 50, years, of— the case of any qualified nuclear facility, no a nuclear power facility that is under con- ‘‘(i) grants provided by the United States, qualified nuclear facility expenditures shall struction shall cease, with respect to the a State, or a political subdivision of a State be taken into account under this subsection taxpayer, to be a qualified nuclear power fa- for use in connection with the project, for the earlier of— cility as of the date on which the taxpayer ‘‘(ii) proceeds of an issue of State or local ‘‘(i) the taxable year in which the facility sells, disposes of, or cancels, abandons, or government obligations used to provide fi- is placed in service, or otherwise terminates the construction of, ‘‘(ii) the first taxable year for which recap- nancing for the project the interest on which the facility. ture is required under section 50(a)(2) with is exempt from tax under section 103, ‘‘(B) RESUMPTION OF CONSTRUCTION.—If a respect to such facility or for any taxable ‘‘(iii) the aggregate amount of subsidized nuclear power facility that is under con- year thereafter. energy financing provided (directly or indi- struction ceases, with respect to the tax- ‘‘(3) SELF-CONSTRUCTED.—For purposes of rectly) under a Federal, State, or local pro- payer, to be a qualified nuclear power facil- this subsection— gram provided in connection with the ity by reason of subparagraph (A) and work ‘‘(A) IN GENERAL.—The term ‘self-con- project, and is subsequently resumed on the construction structed facility’ means any facility if, at ‘‘(iv) the amount of any other credit allow- of such facility the qualified nuclear power the close of the first taxable year to which able with respect to any property which is facility expenditures shall be determined the election in this subsection applies, it is part of the facility, and without regard to any delay or temporary reasonable to believe that more than 80 per- ‘‘(B) the denominator of which is the ag- termination of construction of the facility. cent of the qualified nuclear facility expendi- gregate amount of additions to the capital tures for such facility will be made directly ‘‘(e) APPLICATION OF OTHER RULES.—Rules account for the project for the taxable year by the taxpayer. similar to the rules of subsections (c)(4) and and all prior taxable years. ‘‘(B) TREATMENT OF COMPONENTS.—A com- (d) of section 46 (as in effect on the day be- The amounts under the preceding sentence ponent of a facility shall be treated as not fore the enactment of the Revenue Rec- for any taxable year shall be determined as self-constructed if, at the close of the first onciliation Act of 1990) shall apply for pur- of the close of the taxable year.’’. taxable year in which expenditures for the poses of this section to the extent not incon- (f) CLERICAL AMENDMENT.—The table of component are paid, it is reasonable to be- sistent herewith.’’. sections for subpart E of part IV of sub- lieve that the cost of the component is at chapter A of chapter 1 of the Internal Rev- least 5 percent of the expected cost of the fa- (c) PROVISIONS RELATING TO CREDIT RECAP- enue Code of 1986 is amended by inserting cility. TURE.— after the item relating to section 48B the fol- ‘‘(4) ELECTION.—An election shall be made (1) PROGRESS EXPENDITURE RECAPTURE lowing new item: under this subsection for a qualified nuclear RULES.— ‘‘Sec. 48C. Nuclear power facility construc- power facility by claiming the nuclear power (A) BASIC RULES.—Subparagraph (A) of sec- tion credit.’’. facility construction credit for expenditures tion 50(a)(2) of the Internal Revenue Code of described in paragraph (1) on the taxpayer’s 1986 is amended to read as follows: (g) EFFECTIVE DATE.—The amendments made by this section shall apply to expendi- return of the tax imposed by this chapter for ‘‘(A) IN GENERAL.—If during any taxable tures incurred and property placed in service the taxable year. Such an election shall year any building to which section 47(d) ap- in taxable years beginning after the date of apply to the taxable year for which made and plied or any facility to which section 48C(c) enactment of this Act. all subsequent taxable years. Such an elec- applied ceases (by reason of sale or other dis- tion, once made, may be revoked only with position, cancellation or abandonment of SEC. ll02. 5-YEAR ACCELERATED DEPRECIA- TION FOR NEW NUCLEAR POWER FA- the consent of the Secretary. contract, or otherwise) to be, with respect to CILITIES. ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For the taxpayer, property which, when placed in (a) IN GENERAL.—Subparagraph (B) of sec- purposes of this section— service, will be a qualified rehabilitated tion 168(e)(3) of the Internal Revenue Code of ‘‘(1) QUALIFIED NUCLEAR POWER FACILITY.— building or a qualified nuclear power facil- 1986 (relating to 5-year property) is amend- The term ‘qualified nuclear power facility’ ity, then the tax under this chapter for such ed— means an advanced nuclear facility (as de- taxable year shall be increased by an amount (1) by striking ‘‘and’’ at the end of clause fined in section 45J(d)(2))— equal to the aggregate decrease in the cred- (v); ‘‘(A) which, when placed in service, will use its allowed under section 38 for all prior tax- (2) by striking the period at the end of nuclear power to produce electricity, able years which would have resulted solely clause (vi) and inserting ‘‘, and’’; and ‘‘(B) the construction of which is approved from reducing to zero the credit determined (3) by adding at the end the following new by the Nuclear Regulatory Commission on or under this subpart with respect to such clause: before December 31, 2013, and building or facility.’’. ‘‘(vii) any qualified nuclear power facility ‘‘(C) which is placed in service before Janu- (B) AMENDMENT TO EXCESS CREDIT RECAP- described in paragraph (1) of section 48C(d) ary 1, 2021. TURE RULE.—Subparagraph (B) of section (without regard to the last sentence thereof) Such term shall not include any property 50(a)(2) of such Code is amended by— the original use of which commences with which is part of a facility the production (i) inserting ‘‘or paragraph (2) of section the taxpayer.’’. from which is allowed as a credit under sec- 48C(b)’’ after ‘‘paragraph (2) of section 47(b)’’; (b) CONFORMING AMENDMENT.—Section tion 45 for the taxable year or any prior tax- (ii) inserting ‘‘or section 48C(b)(1)’’ after 168(e)(3)(E)(vii) of the Internal Revenue Code able year. ‘‘section 47(b)(1)’’; and of 1986 is amended by inserting ‘‘and not de- ‘‘(2) QUALIFIED NUCLEAR POWER FACILITY (iii) inserting ‘‘or facility’’ after ‘‘build- scribed in subparagraph (B)(vii) of this para- EXPENDITURES.— ing’’. graph’’ after ‘‘section 1245(a)(3)’’.

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(c) EFFECTIVE DATE.—The amendments (b) CONFORMING AMENDMENTS.— ‘‘(1) CONTRACTS.— made by this section shall apply to property (1) ADDITIONAL INVESTMENT CREDIT.—Sec- ‘‘(A) IN GENERAL.—The Secretary may placed in service in taxable years beginning tion 46 of the Internal Revenue Code of 1986, enter into contracts under this section with after the date of enactment of this Act. as amended by this Act, is amended— sponsors of an advanced nuclear facility that SEC. ll03. CREDIT FOR QUALIFYING NUCLEAR (A) by striking ‘‘and’’ at the end of para- cover at any 1 time a total of not more than POWER MANUFACTURING. graph (4); 12 reactors, which shall consist of not less (a) IN GENERAL.—Subpart E of part IV of (B) by striking the period at the end of than 2 nor more than 4 different reactor de- subchapter A of chapter 1 of the Internal paragraph (5) and inserting ‘‘, and’’; and signs, in accordance with paragraph (2). Revenue Code of 1986, as amended by this (C) by inserting after paragraph (5) the fol- ‘‘(B) REPLACEMENT CONTRACTS.—If any con- Act, is amended by inserting after section lowing new paragraph: tract entered into under this section termi- 48C the following new section: ‘‘(6) the qualifying nuclear power manufac- nates or expires without a claim being paid ‘‘SEC. 48D. QUALIFYING NUCLEAR POWER MANU- turing credit.’’. by the Secretary under the contract, the FACTURING CREDIT. (2) APPLICATION OF SECTION 49.—Subpara- Secretary may enter into a new contract ‘‘(a) ALLOWANCE OF CREDIT.—For purposes graph (C) of section 49(a)(1) of such Code, as under this section in replacement of the con- of section 46, the qualifying nuclear power amended by this Act, is amended— tract.’’. manufacturing credit for any taxable year is (A) by striking ‘‘and’’ at the end of clause (c) COVERED COSTS.—Section 638(d) of the an amount equal to 20 percent of the quali- (iv); Energy Policy Act of 2005 (42. U.S.C. 16014(d)) fied investment for such taxable year. (B) by striking the period at the end of is amended by striking paragraphs (2) and (3) ‘‘(b) QUALIFIED INVESTMENT.— clause (v) and inserting ‘‘, and’’; and and inserting the following: ‘‘(1) IN GENERAL.—For purposes of sub- (C) by inserting after clause (v) the fol- ‘‘(2) COVERAGE.—In the case of reactors section (a), the qualified investment for any lowing new clause: that receive combined licenses and on which taxable year is the basis of property placed ‘‘(vi) the basis of any property which is construction is commenced, the Secretary in service by the taxpayer during such tax- part of a qualifying nuclear power manufac- shall pay— able year which is certified under subsection turing project or qualifying nuclear power ‘‘(A) 100 percent of the covered costs of (c) and— manufacturing equipment under section delay that occur after the initial 30-day pe- ‘‘(A) which is either part of a qualifying 48D.’’. riod of covered delay; but nuclear power manufacturing project or is (c) CLERICAL AMENDMENT.—The table of ‘‘(B) not more than $500,000,000 per con- qualifying nuclear power manufacturing sections for subpart E of part IV of sub- tract. equipment, chapter A of chapter 1 of such Code, as ‘‘(3) COVERED DEBT OBLIGATIONS.—Debt ob- ‘‘(B)(i) the construction, reconstruction, or amended by this Act, is amended by insert- ligations covered under subparagraph (A) of erection of which is completed by the tax- ing after the item relating to section 48C the paragraph (5) shall include debt obligations payer, or following new item: incurred to pay increased project costs.’’. ‘‘(ii) which is acquired by the taxpayer if (d) DISPUTE RESOLUTION.—Section 638 of ‘‘Sec. 48D. Qualifying nuclear power manu- the original use of such property commences the Energy Policy Act of 2005 (42 U.S.C. facturing credit.’’. with the taxpayer, 16014) is amended— (d) EFFECTIVE DATE.—The amendments ‘‘(C) with respect to which depreciation (or (1) by redesignating subsections (f) through made by this section shall apply to prop- amortization in lieu of depreciation) is al- (h) as subsections (g) through (i), respec- erty— lowable, and tively; and (1) the construction, reconstruction, or ‘‘(D) which is placed in service on or before (2) by inserting after subsection (e) the fol- erection of which begins after the date of en- December 31, 2015. lowing: actment of this Act; or ‘‘(2) SPECIAL RULE FOR CERTAIN SUBSIDIZED ‘‘(f) DISPUTE RESOLUTION.— (2) which is acquired by the taxpayer on or PROPERTY.—Rules similar to the rules of sec- ‘‘(1) IN GENERAL.—Any controversy or after such date and not pursuant to a binding tion 48(a)(4) shall apply for purposes of this claim arising out of or relating to any con- contract which was in effect on the day prior section. tract entered into under this section shall be to such date. ‘‘(3) CERTAIN QUALIFIED PROGRESS EXPENDI- determined by arbitration in Washington, SEC. ll04. STANDBY SUPPORT FOR CERTAIN TURES RULES MADE APPLICABLE.—Rules simi- DC, in accordance with the applicable Com- NUCLEAR PLANT DELAYS. lar to the rules of subsections (c)(4) and (d) of mercial Arbitration Rules of the American (a) DEFINITIONS.—Section 638(a) of the En- section 46 (as in effect on the day before the Arbitration Association. ergy Policy Act of 2005 (42 U.S.C. 16014(a)) is enactment of the Revenue Reconciliation ‘‘(2) TREATMENT OF DECISION.—A decision amended— Act of 1990) shall apply for purposes of this by an arbitrator shall be final and binding, (1) by redesignating paragraph (4) as para- section. and the United district court for Wash- ‘‘(c) QUALIFYING NUCLEAR POWER MANUFAC- graph (7); and ington, DC, or the district in which the TURING PROJECT AND QUALIFYING NUCLEAR (2) by inserting after paragraph (3) the fol- project is located shall have jurisdiction to POWER MANUFACTURING EQUIPMENT CERTIFI- lowing: enter judgment on the decision.’’. ‘‘(4) FULL POWER OPERATION.—The term CATION.—Not later than 180 days after the SEC. ll05. INCENTIVES FOR INNOVATIVE TECH- date of the enactment of this section, the ‘full power operation’, with respect to a fa- NOLOGIES. Secretary, in consultation with the Sec- cility, means the earlier of— (a) DEFINITION OF PROJECT COST.—Section retary of Energy, shall establish a program ‘‘(A) the commercial operation date (or the 1701(1) of the Energy Policy Act of 2005 (42 to consider and award certifications for prop- equivalent under the terms of the financing U.S.C. 16511(1)) is amended by adding at the erty eligible for credits under this section as documents for the facility); and end the following: part of either a qualifying nuclear power ‘‘(B) the date on which the facility ‘‘(6) PROJECT COST.—The term ‘project cost’ manufacturing project or as qualifying nu- achieves operation at an average nameplate means all costs associated with the develop- clear power manufacturing equipment. The capacity of 50 percent or more during any ment, planning, design, engineering, permit- total amounts of credit that may be allo- consecutive 30-day period after the comple- ting and licensing, construction, commis- cated under the program shall not exceed tion of startup testing for the facility. sioning, startup, shakedown, and financing $100,000,000. ‘‘(5) INCREASED PROJECT COSTS.—The term of a facility, including reasonable escalation ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘increased project costs’ means the increased and contingencies, the cost of and fees for tion— cost of constructing, commissioning, testing, the guarantee, reasonably required reserve ‘‘(1) QUALIFYING NUCLEAR POWER MANUFAC- operating, or maintaining a reactor prior to funds, initial working capital, and interest TURING PROJECT.—The term ‘qualifying nu- full-power operation incurred as a result of a during construction.’’. clear power manufacturing project’ means delay covered by the contract, including (b) TERMS AND CONDITIONS.—Section 1702 of any project which is designed primarily to costs of demobilization and remobilization, the Energy Policy Act of 2005 (42 U.S.C. enable the taxpayer to produce or test equip- increased costs of equipment, materials and 16512) is amended by striking subsections (b) ment necessary for the construction or oper- labor due to delay (including idle time), in- and (c) and inserting the following: ation of a nuclear power plant. creased general and administrative costs, ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU- ‘‘(2) QUALIFYING NUCLEAR POWER MANUFAC- and escalation costs for completing con- TION.— TURING EQUIPMENT.—The term ‘qualifying nu- struction. ‘‘(1) IN GENERAL.—No guarantee shall be clear power manufacturing equipment’ ‘‘(6) LITIGATION.—The term ‘litigation’ made unless— means machine tools and other similar means any— ‘‘(A) sufficient amounts have been appro- equipment, including computers and other ‘‘(A) adjudication in Federal, State, local, priated to cover the cost of the guarantee; peripheral equipment, acquired or con- or tribal court; and ‘‘(B) the Secretary has— structed primarily to enable the taxpayer to ‘‘(B) any administrative proceeding or ‘‘(i) received from the borrower payment in produce or test equipment necessary for the hearing before a Federal, State, local, or full for the cost of the obligation; and construction or operation of a nuclear power tribal agency or administrative entity.’’. ‘‘(ii) deposited the payment into the Treas- plant. (b) CONTRACT AUTHORITY.—Section 638(b) of ury; or ‘‘(3) PROJECT.—The term ‘project’ includes the Energy Policy Act of 2005 (42 U.S.C. ‘‘(C) any combination of subparagraphs (A) any building constructed to house qualifying 16014(b)) is amended by striking paragraph and (B) that is sufficient to cover the cost of nuclear power manufacturing equipment.’’. (1) and inserting the following: the obligation.

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‘‘(2) RELATION TO OTHER LAWS.—Section (2) in subsection (b)— (2) in subsection (b)— 504(b) of the Federal Credit Reform Act of (A) in the matter preceding paragraph (1), (A) in paragraph (1)— 1990 (2 U.S.C. 661c (b)) shall not apply to a by inserting ‘‘licensing,’’ after ‘‘design,’’; (i) in subparagraph (C), by striking ‘‘and loan guarantee made in accordance with (B) in paragraph (1), by striking ‘‘942(d)’’ hydrogen’’ and inserting ‘‘, steam, hydrogen, paragraph (1). and inserting ‘‘952(d)’’; and and oxygen’’; and ‘‘(c) AMOUNT.— (C) by striking paragraph (2) and inserting (ii) by redesignating subparagraphs (A) ‘‘(1) IN GENERAL.—Subject to paragraph (2), the following: through (D) as clauses (i) through (iv), re- the Secretary shall guarantee— ‘‘(2) shall be used to demonstrate the capa- spectively, and indenting appropriately; ‘‘(A) 100 percent of the obligation for a fa- bility of the nuclear energy system to pro- (B) in paragraph (2)— cility that is the subject of a guarantee; or vide— (i) in subparagraph (B), by striking ‘‘, ‘‘(B) a lesser amount, if requested by the ‘‘(A) high-temperature process heat to be through a competitive process,’’; borrower. used for the production of electricity, steam, (ii) in subparagraph (C), by striking ‘‘reac- ‘‘(2) LIMITATION.—The total amount of and other heat transport fluids; and tor’’ and inserting ‘‘energy system’’; loans guaranteed for a facility by the Sec- ‘‘(B) hydrogen and oxygen, separately or in (iii) in subparagraph (D), by striking ‘‘hy- retary shall not exceed 80 percent of the combination.’’. drogen or electricity’’ and inserting ‘‘energy total cost of the facility, as estimated at the (b) PROJECT MANAGEMENT.—Section 642 of transportation, conversion, and’’; and time at which the guarantee is issued.’’. the Energy Policy Act of 2005 (42 U.S.C. (iv) by redesignating subparagraphs (A) (c) FEES.—Section 1702(h) of the Energy 16022) is amended— through (D) as clauses (i) through (iv), re- Policy Act of 2005 (42 U.S.C. 16512(h)) is (1) in subsection (a), by adding at the end spectively, and indenting appropriately; amended by striking paragraph (2) and in- the following: (C) by redesignating paragraphs (1) and (2) serting the following: ‘‘(4) INTERACTION WITH INDUSTRY CONSOR- as subparagraphs (A) and (B), respectively, ‘‘(2) AVAILABILITY.—Fees collected under TIUM.—Any activity carried out under the and indenting appropriately; this subsection shall— Project by the industry consortium estab- (D) by striking ‘‘The Project shall be’’ and ‘‘(A) be deposited by the Secretary into a lished under subsection (c) shall be carried inserting the following: out pursuant to a financial assistance agree- special fund in the Treasury to be known as ‘‘(1) IN GENERAL.—The Project shall be’’; the ‘Incentives For Innovative Technologies ment between the Secretary and the indus- and Fund’; and try consortium.’’; (E) by adding at the end the following: (2) in subsection (b)— ‘‘(B) remain available to the Secretary for ‘‘(2) OVERLAPPING PHASES.—The phases de- (A) by striking paragraph (1) and inserting expenditure, without further appropriation scribed in paragraph (1) may overlap for the the following: or fiscal year limitation, for administrative Project or any portion of the Project, as nec- ‘‘(1) LEAD LABORATORY.— expenses incurred in carrying out this essary.’’; and ‘‘(A) IN GENERAL.—The Idaho National Lab- title.’’. (3) in subsection (c)— oratory shall— (A) in paragraph (2), by adding at the end Subtitle B—Other Programs ‘‘(i) be the lead National Laboratory for the following: SEC. ll11. NUCLEAR POWER 2010 PROGRAM. the Project; and ‘‘(E) INDUSTRY CONSORTIUM.—The industry Section 952(c) of the Energy Policy Act of ‘‘(ii) collaborate with other National Lab- consortium established under section 642(c) 2005 (42 U.S.C. 16272(c)) is amended by adding oratories, institutions of higher education, may enter into any necessary contracts with at the end the following: other research institutes, industrial re- the Federal Government or entities in the ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— searchers, and international researchers to international industrial sector for research There are authorized to be appropriated to carry out the Project. and development, design, licensing, con- the Secretary to carry out the Nuclear ‘‘(B) PARTNERSHIP AGREEMENT.— struction, and operating activities, services, Power 2010 Program— ‘‘(i) IN GENERAL.—The Secretary shall offer and equipment.’’; and ‘‘(A) $159,600,000 for fiscal year 2009; to enter into a partnership agreement with (B) in paragraph (3)— ‘‘(B) $135,600,000 for fiscal year 2010; an entity or group of entities in the private (i) in subparagraph (A), by striking clause ‘‘(C) $46,900,000 for fiscal year 2011; and sector under which the entity or group of en- (i) and inserting the following: ‘‘(D) $2,200,000 for fiscal year 2012.’’. tities shall assume responsibility for the ‘‘(i) review program plans for the Project SEC. ll12. NEXT GENERATION NUCLEAR PLANT management and operation of the Project. prepared by the Office of Nuclear Energy, PROJECT. ‘‘(ii) REQUIREMENT.—The partnership Science, and Technology and progress under (a) PROJECT ESTABLISHMENT.—Section 641 agreement under clause (i) shall contain a the Project on an ongoing basis, in accord- of the Energy Policy Act of 2005 (42 U.S.C. provision under which the entity or group of ance with an applicable technology invest- 16021) is amended— entities in the private sector may enter into ment agreement between the Secretary and (1) in subsection (a)— contracts with entities in the public sector the industry consortium established under (A) by striking the subsection designation for the provision of services and products to section 642(c); and’’; and and heading and all that follows through that sector that represent typical commer- (ii) in subparagraph (D)— ‘‘The Secretary’’ and inserting the following: cial practices regarding terms and condi- (I) by striking ‘‘On a determination’’ and ‘‘(a) ESTABLISHMENT AND OBJECTIVE.— tions for risk, accountability, performance, inserting the following: ‘‘(1) ESTABLISHMENT.—The Secretary’’; and and quality.’’; and ‘‘(i) IN GENERAL.—On a determination’’; (B) by adding at the end the following: (B) in paragraph (2)(A)— (II) in clause (i) (as designated by sub- ‘‘(2) OBJECTIVE.— (i) by striking ‘‘The Idaho National Lab- clause (I))— ‘‘(A) DEFINITION OF HIGH-TEMPERATURE, oratory’’ and inserting ‘‘The entity or group (aa) by striking ‘‘subsection (b)(1)’’ and in- GAS-COOLED NUCLEAR ENERGY TECHNOLOGY.— of entities referred to in paragraph (1)(B), serting ‘‘subsection (b)(1)(A)’’; and In this paragraph, the term ‘high-tempera- acting through the Idaho National Labora- (bb) by striking ‘‘subsection (b)(2)’’ and in- ture, gas-cooled nuclear energy technology’ tory pursuant to the partnership agreement serting ‘‘subsection (b)(1)(B)’’; and means a technology relating to any non- entered into under that paragraph,’’; and (III) by adding at the end the following: greenhouse gas-emitting alternative to the (ii) by inserting ‘‘licensing,’’ after ‘‘de- ‘‘(ii) SCOPE.—The scope of the review con- burning of fossil fuels for commercial appli- sign,’’; and ducted under clause (i) shall be in accord- cations using process heat to generate elec- (3) by adding at the end the following: ance with an applicable technology invest- tricity, steam, hydrogen, and oxygen for ac- ‘‘(c) INDUSTRY CONSORTIUM.— ment agreement between the Secretary and tivities such as— ‘‘(1) ESTABLISHMENT.—The entity or group ‘‘(i) refining; of entities referred to in subsection (b)(1)(B), the industry consortium established under ‘‘(ii) converting coal to synfuels and other acting through the Idaho National Labora- section 642(c).’’. hydrocarbon feedstocks; and tory pursuant to the partnership agreement SEC. ll13. NUCLEAR ENERGY WORKFORCE. ‘‘(iii) desalination. entered into under that subsection, shall es- Section 1101 of the Energy Policy Act of ‘‘(B) DESCRIPTION OF OBJECTIVE.—The ob- tablish an industry consortium, to be com- 2005 (42 U.S.C. 16411) is amended— jective of the Project shall be to carry out posed of representatives of industrial end- (1) in subsection (b)(1)— demonstration projects for the development, users of electricity, steam, hydrogen, and ox- (A) in subparagraph (A), by striking ‘‘and’’ licensing, and operation of high-tempera- ygen. at the end; ture, gas-cooled nuclear energy technologies ‘‘(2) DUTIES.—The industry consortium (B) in subparagraph (B), by striking the pe- to support commercialization of those tech- shall assume responsibility for management, riod and inserting ‘‘; and’’; and nologies. development, design, licensing, construction, (C) by adding at the end the following: ‘‘(C) REQUIREMENTS.—The functional, oper- and initial operation of the Project, using ‘‘(C) nuclear utility and nuclear energy ational, and performance requirements for commercial practices and project manage- product and service industries.’’; high-temperature, gas-cooled nuclear energy ment processes and tools.’’. (2) by redesignating subsection (d) as sub- technologies shall be determined by the (c) PROJECT ORGANIZATION.—Section 643 of needs of marketplace industrial end-users, as the Energy Policy Act of 2005 (42 U.S.C. section (e); and projected for the 40-year period beginning on 16023) is amended— (3) by inserting after subsection (c) the fol- the date of enactment of this paragraph.’’; (1) in subsection (a)(2), by inserting ‘‘trans- lowing: and portation and’’ before ‘‘conversion’’; ‘‘(d) WORKFORCE TRAINING.—

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‘‘(1) IN GENERAL.—The Secretary of Labor, (xii) other Federal agencies, as determined ing Group shall detail such personnel and in cooperation with the Secretary, shall pro- by the President. furnish such services to the Working Group, mulgate regulations to implement a program (c) DUTIES OF WORKING GROUP.—The Work- with or without reimbursement, as are nec- to provide grants to enhance workforce ing Group shall— essary to carry out the functions of the training for any occupation in the workforce (1) not later than 180 days after the date of Working Group. of the nuclear utility and nuclear energy enactment of this Act, identify the actions (e) AUTHORIZATION OF APPROPRIATIONS.— products and services industries for which a necessary to promote the safe development There is authorized to be appropriated to the shortage is identified or predicted in the re- and application in foreign countries of nu- Secretary of Energy to carry out this section port under subsection (b)(2). clear energy products and services— $20,000,000 for each of fiscal years 2009 ‘‘(2) CONSULTATION.—In carrying out this (A) to increase electricity generation from through 2012. subsection, the Secretary of Labor shall con- nuclear energy sources through development SEC. ll15. NUCLEAR POWER TECHNOLOGY sult with representatives of the nuclear util- of new generation facilities; FUND. ity and nuclear energy products and services (B) to improve the efficiency, safety, and There is established in the Treasury of the industries, including organized labor organi- reliability of existing nuclear generating fa- United States a fund to be known as the zations and multiemployer associations that cilities through modifications; and ‘‘Nuclear Power Technology Fund’’ of which jointly sponsor apprenticeship programs that (C) enhance the safe treatment, handling, funds shall be made available to carry out provide training for skills needed in those in- storage, and disposal of used nuclear fuel; the purposes of section ll16 (relating to dustries. (2) not later than 180 days after the date of spent fuel recycling). ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— enactment of this Act, identify— (A) mechanisms (including tax stimuli for SEC. ll16. SPENT FUEL RECYCLING PROGRAM. There are authorized to be appropriated to (a) PURPOSE.—It is the policy of the United the Secretary of Labor, working in coordina- investment, loans and loan guarantees, and grants) necessary for United States compa- States to recycle spent nuclear fuel to ad- tion with the Secretary and the Secretary of vance energy independence by maximizing Education, $20,000,000 for each of fiscal years nies to increase— (i) the capacity of the companies to the energy potential of nuclear fuel in a pro- 2008 through 2015 to carry out this sub- liferation-resistant manner that reduces the section.’’. produce or provide nuclear energy products and services; and quantity of waste dedicated to a permanent SEC. ll14. INTERAGENCY WORKING GROUP TO (ii) exports of nuclear energy products and Federal repository. PROMOTE DOMESTIC MANUFAC- services; and (b) SPENT FUEL RECYCLING RESEARCH AND TURING BASE FOR NUCLEAR COM- DEVELOPMENT FACILITY.— PONENTS AND EQUIPMENT. (B) administrative or legislative initiatives that are necessary — (1) IN GENERAL.—Not later than 1 year after (a) PURPOSES.—The purposes of this section (i) to encourage United States companies the date of enactment of this Act, the Sec- are— to increase the manufacturing capacity of retary shall begin construction of a spent (1) to increase the competitiveness of the the companies for nuclear energy products; fuel recycling research and development fa- United States nuclear energy products and (ii) to provide technical and financial as- cility. services industries; sistance and support to small and mid-sized (2) PURPOSE.—The facility described in (2) to identify the stimulus or incentives businesses to establish quality assurance paragraph (1) shall serve as the lead site for necessary to cause United States manufac- programs in accordance with domestic and continuing research and development of ad- turers of nuclear energy products to expand international nuclear quality assurance code vanced nuclear fuel cycles and separation manufacturing capacity; requirements; technologies. (3) to facilitate the export of United States (iii) to encourage, through financial incen- (3) SITE SELECTION.—In selecting a site for nuclear energy products and services; tives, private sector capital investment to the facility, the Secretary shall give pref- (4) to reduce the trade deficit of the United expand manufacturing capacity; and erence to a site that has— States through the export of United States (iv) to provide technical assistance and fi- (A) the most technically sound bid; nuclear energy products and services; nancial incentives to small and mid-sized (B) a demonstrated technical expertise in (5) to retain and create nuclear energy businesses to develop the workforce nec- spent fuel recycling; and manufacturing and related service jobs in essary to increase manufacturing capacity (C) community support. the United States; and meet domestic and international nuclear (c) CONTRACTS.—The Secretary shall use (6) to integrate the objectives described in quality assurance code requirements; amounts in the Nuclear Power Technology paragraphs (1) through (5), in a manner con- (3) not later than 270 days after the date of Fund, and such other amounts as are appro- sistent with the interests of the United enactment of this Act, submit to Congress a priated to carry out this section, to enter States, into the foreign policy of the United report that describes the findings of the into long-term contracts with private sector States; and Working Group under paragraphs (1) and (2), entities for the recycling of spent nuclear (7) to authorize funds for increasing United including recommendations for new legisla- fuel. States capacity to manufacture nuclear en- tive authority, as necessary; and (d) COMPETITIVE SELECTION.—Contracts ergy products and supply nuclear energy (4) encourage the agencies represented by awarded under subsection (c) shall be award- services. membership in the Working Group— ed on the basis of a competitive bidding proc- (b) ESTABLISHMENT.— (A) to provide technical training and edu- ess that— (1) IN GENERAL.—There is established an cation for international development per- (1) maximizes the competitive efficiency of interagency working group (referred to in sonnel and local users in other countries; the projects funded; this section as the ‘‘Working Group’’) that, (B) to provide financial and technical as- (2) best serves the goal of reducing the in consultation with representative industry sistance to nonprofit institutions that sup- amount of waste requiring disposal under organizations and manufacturers of nuclear port the marketing and export efforts of do- this Act; and energy products, shall make recommenda- mestic companies that provide nuclear en- (3) ensures adequate protection against the tions to coordinate the actions and programs ergy products and services; proliferation of nuclear materials that could of the Federal Government in order to pro- (C) to develop nuclear energy projects in be used in the manufacture of nuclear weap- mote increasing domestic manufacturing ca- foreign countries; ons. pacity and export of domestic nuclear energy (D) to provide technical assistance and (e) REGULATORY AUTHORITY.—Not later products and services. training materials to loan officers of the than 1 year after the date of enactment of (2) COMPOSITION.—The Working Group shall World Bank, international lending institu- this Act, the Nuclear Regulatory Commis- be composed of— tions, commercial and energy attaches at sion, in collaboration with the Secretary of (A) the Secretary of Energy (or a designee), embassies of the United States, and other ap- Energy, shall promulgate regulations for the who shall serve as Chairperson of the Work- propriate personnel in order to provide infor- licensing of facilities for recovery and use of ing Group; and mation about nuclear energy products and spent nuclear fuel that provide reasonable (B) representatives of— services to foreign governments or other po- assurance that licenses issued for that pur- (i) the Department of Energy; tential project sponsors; pose will not be counter to the defense, secu- (ii) the Department of Commerce; (E) to support, through financial incen- rity, and national interests of the United (iii) the Department of Defense; tives, private sector efforts to commercialize States. (iv) the Department of Treasury; and export nuclear energy products and serv- (v) the Department of State; ices in accordance with the subsidy codes of SA 4887. Ms. COLLINS (for herself (vi) the Environmental Protection Agency; the World Trade Organization; and and Ms. SNOWE) submitted an amend- (vii) the United States Agency for Inter- (F) to augment budgets for trade and de- ment intended to be proposed by her to national Development; velopment programs in order to support the bill S. 3036, to direct the Adminis- (viii) the Export-Import Bank of the prefeasibility or feasibility studies for trator of the Environmental Protection United States; projects that use nuclear energy products Agency to establish a program to de- (ix) the Trade and Development Agency; and services. (x) the Small Business Administration; (d) PERSONNEL AND SERVICE MATTERS.—The crease emissions of greenhouse gases, (xi) the Office of the United States Trade Secretary of Energy and the heads of agen- and for other purposes; which was or- Representative; and cies represented by membership in the Work- dered to lie on the table; as follows:

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.111 S05JNPT1 smartinez on PROD1PC64 with SENATE S5254 CONGRESSIONAL RECORD — SENATE June 5, 2008 At the end, add the following: (A) determines that— SA 4889. Mr. INHOFE submitted an TITLE XVIII—COMMERCIAL TRUCK FUEL (i) operation of vehicles described in sub- amendment intended to be proposed by SAVINGS DEMONSTRATION PROGRAM section (b) on covered Interstate System him to the bill S. 3036, to direct the Ad- SEC. 1801. FINDINGS. highways has adversely affected safety on ministrator of the Environmental Pro- Congress finds that— the overall highway network; or (ii) a Commissioner has failed faithfully to tection Agency to establish a program (1) diesel fuel prices have increased more to decrease emissions of greenhouse than 50 percent during the 1-year period be- use the highway safety committee as de- tween May 2007 and May 2008; scribed in section 1805(2)(A) or to collect the gases, and for other purposes; which (2) laws governing Federal highway fund- data described in section 1805(3); and was ordered to lie on the table; as fol- ing effectively impose a limit of 80,000 (B) publishes the determination, together lows: pounds on the weight of vehicles permitted with the date of termination of this section, On page 224, line 16, strike ‘‘65’’ and insert to use highways on the Interstate System; in the Federal Register. ‘‘39’’. (3) the administration of that provision in (e) CONSULTATION REGARDING TERMINATION On page 226, line 11, strike ‘‘30’’ and insert many States has forced heavy tractor-trailer FOR SAFETY.—In making a determination ‘‘18’’. and tractor-semitrailer combination vehicles under subsection (d)(2)(A)(i), the Secretary On page 227, line 5, strike ‘‘5’’ and insert traveling in those States to divert onto of Transportation shall consult with the ‘‘3’’. small State and local roads on which higher highway safety committee established by a On page 228, strike line 13 and insert the vehicle weight limits apply under State law; Commissioner in accordance with section following: (4) the diversion of those vehicles onto 1805. (j) GRANTS FOR TRAFFIC CONGESTION AND those roads increases fuel costs because of SEC. 1804. GAO TRUCK SAFETY DEMONSTRATION BOTTLENECK RELIEF PROJECTS.— REPORT. increased idling time and total travel time (1) IN GENERAL.—Of the funds deposited along those roads; and The Comptroller General of the United into the Transportation Sector Emission Re- (5) permitting heavy commercial vehicles, States shall carry out a study of the effects duction Fund each year pursuant to sub- including tanker trucks carrying hazardous of participation in the program under sec- section (e), 40 percent shall be distributed to material and fuel oil, to travel on Interstate tion 1803 on the safety of the overall highway State governmental authorities to assist in System highways when fuel prices are high network in States participating in that pro- reducing highway traffic congestion, would provide significant savings in the gram. through— transportation of goods throughout the SEC. 1805. RESPONSIBILITIES OF STATES. (A) programs to alleviate traffic conges- United States. For the purpose of section 1803, a State tion at documented highway bottlenecks; SEC. 1802. DEFINITIONS. shall be considered to meet the conditions and In this title: under this section if the Commissioner of the (B) programs to deploy systemic improve- (1) COMMISSIONER.—The term ‘‘Commis- State— ments to reduce traffic congestion. sioner’’ means the Commissioner of Trans- (1) submits to the Secretary of Transpor- (2) USE OF FUNDS.—A State governmental portation of a State. tation a plan for use in meeting the condi- authority shall use funds received under (2) COVERED INTERSTATE SYSTEM HIGHWAY.— tions described in paragraphs (2) and (3); paragraph (1) for— (A) IN GENERAL.—The term ‘‘covered Inter- (2) establishes and chairs a highway safety (A) construction of new roadway or bridge state System highway’’ means a highway committee that— capacity, including single-occupancy vehicle designated as a route on the Interstate Sys- (A) the Commissioner uses to review the lanes; tem. data collected pursuant to paragraph (3); and (B) technology applications; and (B) EXCLUSION.—The term ‘‘covered Inter- (B) consists of representatives of— (C) operational improvements. state System highway’’ does not include any (i) agencies of the State that have respon- (3) TERMS AND CONDITIONS.—Funds provided portion of a highway that, as of the date of sibilities relating to highway safety; under this subsection shall be subject to the the enactment of this Act, is exempt from (ii) municipalities of the State; terms and conditions applicable to alloca- the requirements of subsection (a) of section (iii) organizations that have evaluation or tions of funds under section 103 of title 23, 127 of title 23, United States Code, pursuant promotion of highway safety among the United States Code. to a waiver under that subsection. principal purposes of the organizations; and (4) COST SHARE.—The Federal share of the (3) INTERSTATE SYSTEM.—The term ‘‘Inter- (iv) the commercial trucking industry; and cost of an activity funded under this sub- state System’’ has the meaning given the (3) collects data on the net effects that the section shall not exceed 80 percent. term in section 101(a) of title 23, United operation of vehicles described in section (k) CONDITION FOR RECEIPT OF FUNDS.—To States Code. 1803(b) on covered Interstate System high- be eli- SEC. 1803. WAIVER OF HIGHWAY FUNDING RE- ways have on the safety of the overall high- DUCTION RELATING TO WEIGHT OF way network, including the net effects on SA 4890. Ms. KLOBUCHAR submitted VEHICLES USING INTERSTATE SYS- single-vehicle and multiple-vehicle collision an amendment intended to be proposed TEM HIGHWAYS. rates for those vehicles. by her to the bill S. 3036, to direct the (a) PROHIBITION RELATING TO CERTAIN VEHI- CLES.—Notwithstanding section 127(a) of SA 4888. Mr. INHOFE (for himself Administrator of the Environmental title 23, United States Code, the total and Mr. BOND) submitted an amend- Protection Agency to establish a pro- amount of funds apportioned to a State ment intended to be proposed by him gram to decrease emissions of green- under section 104(b)(1) of that title for any house gases, and for other purposes; period may not be reduced under section to the bill S. 3036, to direct the Admin- istrator of the Environmental Protec- which was ordered to lie on the table; 127(a) of that title if a State permits a vehi- as follows: cle described in subsection (b) to use a cov- tion Agency to establish a program to ered Interstate System highway in the State decrease emissions of greenhouse gases, At the end, add the following: in accordance with the conditions described and for other purposes; which was or- TITLE XVIII—RENEWABLE ENERGY in subsection (c). dered to lie on the table; as follows: STANDARD (b) COMBINATION VEHICLES IN EXCESS OF SEC. 1801. RENEWABLE PORTFOLIO STANDARD. 80,000 POUNDS.—A vehicle described in this On page 161, between lines 6 and 7, insert subsection is a vehicle having a weight in ex- the following: (a) IN GENERAL.—Title VI of the Public cess of 80,000 pounds that— SEC. 530. ACTION UPON HIGHER DIESEL PRICES Utility Regulatory Policies Act of 1978 (16 (1) consists of a 3-axle tractor unit hauling CAUSED BY THIS ACT. U.S.C. 2601 et seq.) is amended by adding at a single trailer or semitrailer; and (a) DETERMINATION OF HIGHER DIESEL the end the following: (2) does not exceed any vehicle weight lim- PRICES CAUSED BY THIS ACT.—Not less than ‘‘SEC. 610. FEDERAL RENEWABLE PORTFOLIO itation that is applicable under the laws of a annually, the Secretary of Energy, in con- STANDARD. State to the operation of the vehicle on high- sultation with the Secretary of Transpor- ‘‘(a) DEFINITIONS.—In this section: ways in the State that are not part of the tation and the Administrator, shall deter- ‘‘(1) BASE AMOUNT OF ELECTRICITY.—The Interstate System, as those laws are in effect mine whether implementation of this Act term ‘base amount of electricity’ means the on the date of enactment of this Act. has caused the average retail price of diesel total amount of electricity sold by an elec- (c) CONDITIONS.—This section shall apply at to increase since the date of enactment of tric utility to electric consumers in a cal- any time at which the weighted average this Act. endar year, excluding electricity generated price of retail number 2 diesel in the United (b) ADMINISTRATOR ACTION.—Notwith- by a hydroelectric facility (including a States is $3.50 or more per gallon. standing any other provision of this Act, pumped storage facility, but excluding incre- (d) EFFECTIVE DATE AND TERMINATION.— upon a determination under subsection (a) of mental hydropower). This section shall not remain in effect— higher diesel prices caused by this Act, the ‘‘(2) DISTRIBUTED GENERATION FACILITY.— (1) after the date that is 2 years after the Administrator shall suspend such provisions The term ‘distributed generation facility’ date of enactment of this Act; or of this Act as the Administrator determines means a facility at a customer site. (2) before the end of that 2-year period, are necessary until implementation of the ‘‘(3) EXISTING RENEWABLE ENERGY.—The after any date on which the Secretary of provisions no longer causes a diesel price in- term ‘existing renewable energy’ means, ex- Transportation— crease. cept as provided in paragraph (7)(B), electric

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.112 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5255 energy generated at a facility (including a ‘‘(IV) incremental hydropower; or only be used for compliance with this section distributed generation facility) placed in ‘‘(V) municipal solid waste; and during the 3-year period beginning on the service prior to January 1, 2001, from solar, ‘‘(ii) incremental geothermal production. date of issuance of the credit. wind, or geothermal energy, ocean energy, ‘‘(8) OCEAN ENERGY.—The term ‘ocean en- ‘‘(4) TRANSFERS.—An electric utility that biomass (as defined in section 203(b) of the ergy’ includes current, wave, tidal, and ther- holds credits in excess of the quantity of Energy Policy Act of 2005 (42 U.S.C. 15852(b)), mal energy. credits needed to comply with subsection (b) landfill gas, or municipal solid waste. ‘‘(b) RENEWABLE ENERGY REQUIREMENT.— may transfer the credits to another electric ‘‘(4) GEOTHERMAL ENERGY.—The term ‘geo- ‘‘(1) IN GENERAL.—Each electric utility utility in the same utility holding company thermal energy’ means energy derived from that sells electricity to electric consumers system. a geothermal deposit (within the meaning of shall obtain a percentage of the base amount ‘‘(5) DELEGATION OF MARKET FUNCTION.— section 613(e)(2) of the Internal Revenue Code of electricity the electric utility sells to The Secretary may delegate to an appro- of 1986). electric consumers in any calendar year priate entity that establishes markets the ‘‘(5) INCREMENTAL GEOTHERMAL PRODUC- from new renewable energy or existing re- administration of a national tradeable re- TION.— newable energy. newable energy credit market for purposes of ‘‘(A) IN GENERAL.—The term ‘incremental ‘‘(2) MINIMUM ANNUAL PERCENTAGE.—The creating a transparent national market for geothermal production’ means for any year percentage obtained in a calendar year shall the sale or trade of renewable energy credits. the excess of— not be less than the amount specified in the ‘‘(d) ENFORCEMENT.— ‘‘(i) the total kilowatt hours of electricity following table: ‘‘(1) CIVIL PENALTIES.—Any electric utility that fails to meet the compliance require- produced from a facility (including a distrib- Minimum annual uted generation facility) using geothermal ‘‘Calendar year: percentage: ments of subsection (b) shall be subject to a energy; over 2010 ...... 2 civil penalty. ‘‘(ii) the average annual kilowatt hours 2011 ...... 4 ‘‘(2) AMOUNT OF PENALTY.—Subject to para- produced at such facility for 5 of the pre- 2012 ...... 6 graph (3), the amount of the civil penalty vious 7 calendar years before the date of en- 2013 ...... 8 shall be equal to the product obtained by actment of this section after eliminating the 2014 ...... 10 multiplying— highest and the lowest kilowatt hour produc- 2015 ...... 11 ‘‘(A) the number of kilowatt-hours of elec- tion years in such 7-year period. 2016 ...... 12 tric energy sold to electric consumers in vio- ‘‘(B) SPECIAL RULE.—A facility described in 2017 ...... 13 lation of subsection (b); by subparagraph (A) that was placed in service 2018 ...... 14 ‘‘(B) the greater of— at least 7 years before the date of enactment 2019 ...... 15 ‘‘(i) 2 cents (adjusted for inflation under of this section shall, commencing with the 2020 ...... 16 subsection (h)); or year in which such date of enactment occurs, 2021 ...... 17 ‘‘(ii) 200 percent of the average market reduce the amount calculated under subpara- 2022 ...... 18 value of renewable energy credits during the graph (A)(ii) each year, on a cumulative 2023 ...... 19 year in which the violation occurred. basis, by the average percentage decrease in 2024 ...... 20. ‘‘(3) MITIGATION OR WAIVER.— the annual kilowatt hour production for the ‘‘(3) MEANS OF COMPLIANCE.—An electric ‘‘(A) IN GENERAL.—The Secretary may 7-year period described in subparagraph utility shall meet the requirements of this mitigate or waive a civil penalty under this (A)(ii) with such cumulative sum not to ex- subsection by— subsection if the electric utility is unable to ceed 30 percent. ‘‘(A) submitting to the Secretary renew- comply with subsection (b) for reasons out- ‘‘(6) INCREMENTAL HYDROPOWER.— able energy credits issued under subsection side of the reasonable control of the utility. ‘‘(A) IN GENERAL.—The term ‘incremental (c); ‘‘(B) REDUCTION.—The Secretary shall re- hydropower’ means additional energy gen- ‘‘(B) making alternative compliance pay- duce the amount of any penalty determined erated as a result of efficiency improvements ments to the Secretary at the rate of 2 cents under paragraph (2) by an amount paid by or capacity additions made on or after Janu- per kilowatt hour (as adjusted for inflation the electric utility to a State for failure to ary 1, 2001, or the effective date of an exist- under subsection (h)); or comply with the requirement of a State re- ing applicable State renewable portfolio ‘‘(C) conducting a combination of activi- newable energy program if the State require- standard program at a hydroelectric facility ties described in subparagraphs (A) and (B). ment is greater than the applicable require- that was placed in service before that date. ‘‘(c) RENEWABLE ENERGY CREDIT TRADING ment of subsection (b). ‘‘(B) EXCLUSION.—The term ‘incremental PROGRAM.— ‘‘(4) PROCEDURE FOR ASSESSING PENALTY.— hydropower’ does not include additional en- ‘‘(1) IN GENERAL.—Not later than July 1, The Secretary shall assess a civil penalty ergy generated as a result of operational 2009, the Secretary shall establish a renew- under this subsection in accordance with the changes not directly associated with effi- able energy credit trading program under procedures prescribed by section 333(d) of the ciency improvements or capacity additions. which each electric utility shall submit to Energy Policy and Conservation Act of 1954 ‘‘(C) MEASUREMENT.—Efficiency improve- the Secretary renewable energy credits to (42 U.S.C. 6303). ments and capacity additions shall be meas- certify the compliance of the electric utility ‘‘(e) STATE RENEWABLE ENERGY ACCOUNT ured on the basis of the same water flow in- with respect to obligations under subsection PROGRAM.— formation used to determine a historic aver- (b). ‘‘(1) IN GENERAL.—Not later than December age annual generation baseline for the hy- ‘‘(2) ADMINISTRATION.—As part of the pro- 31, 2008, the Secretary of the Treasury shall droelectric facility and certified by the Sec- gram, the Secretary shall— establish a State renewable energy account retary or the Federal Energy Regulatory ‘‘(A) issue tradeable renewable energy in the Treasury. Commission. credits to generators of electric energy from ‘‘(2) DEPOSITS.— ‘‘(7) NEW RENEWABLE ENERGY.—The term new renewable energy; ‘‘(A) IN GENERAL.—All money collected by ‘new renewable energy’ means— ‘‘(B) issue nontradeable renewable energy the Secretary from alternative compliance ‘‘(A) electric energy generated at a facility credits to generators of electric energy from payments and the assessment of civil pen- (including a distributed generation facility) existing renewable energy; alties under this section shall be deposited placed in service on or after January 1, 2001, ‘‘(C) issue renewable energy credits to elec- into the renewable energy account estab- from— tric utilities associated with State renew- lished under paragraph (1). ‘‘(i) solar, wind, or geothermal energy or able portfolio standard compliance mecha- ‘‘(B) SEPARATE ACCOUNT.—The State renew- ocean energy; nisms pursuant to subsection (i); able energy account shall be maintained as a ‘‘(ii) biomass (as defined in section 203(b) of ‘‘(D) ensure that a kilowatt hour, including separate account in the Treasury and shall the Energy Policy Act of 2005 (42 U.S.C. the associated renewable energy credit, shall not be transferred to the general fund of the 15852(b)); be used only once for purposes of compliance Treasury. ‘‘(iii) landfill gas; with this section; ‘‘(3) USE.—Proceeds deposited in the State ‘‘(iv) incremental hydropower; or ‘‘(E) allow double credits for generation renewable energy account shall be used by ‘‘(v) municipal solid waste; and from facilities on Indian land, and triple the Secretary, subject to appropriations, for ‘‘(B) for electric energy generated at a fa- credits for generation from small renewable a program to provide grants to the State cility (including a distributed generation fa- distributed generators (meaning those no agency responsible for developing State en- cility) placed in service prior to the date of larger than 1 megawatt); and ergy conservation plans under section 362 of enactment of this section— ‘‘(F) ensure that, with respect to a pur- the Energy Policy and Conservation Act (42 ‘‘(i) the additional energy above the aver- chaser that as of the date of enactment of U.S.C. 6322) for the purposes of promoting re- age generation during the 3-year period end- this section has a purchase agreement from newable energy production, including pro- ing on the date of enactment of this section a renewable energy facility placed in service grams that promote technologies that reduce at the facility from— before that date, the credit associated with the use of electricity at customer sites such ‘‘(I) solar or wind energy or ocean energy; the generation of renewable energy under as solar water heating. ‘‘(II) biomass (as defined in section 203(b) the contract is issued to the purchaser of the ‘‘(4) ADMINISTRATION.—The Secretary may of the Energy Policy Act of 2005 (42 U.S.C. electric energy. issue guidelines and criteria for grants 15852(b)); ‘‘(3) DURATION.—A credit described in sub- awarded under this subsection. State energy ‘‘(III) landfill gas; paragraph (A) or (B) of paragraph (2) may offices receiving grants under this section

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.113 S05JNPT1 smartinez on PROD1PC64 with SENATE S5256 CONGRESSIONAL RECORD — SENATE June 5, 2008 shall maintain such records and evidence of scribing the results of, a study on methods (11) in 2007, David J. O’Reilly, the chief ex- compliance as the Secretary may require. to increase transmission line capacity for ecutive officer of Chevron, received ‘‘(5) PREFERENCE.—In allocating funds wind energy development. $34,610,000 in total compensation; under this program, the Secretary shall give ‘‘(l) SUNSET.—This section expires on De- (12) in 2007, Rex Tillerson, the chief execu- preference— cember 31, 2040.’’. tive officer of ExxonMobil, received ‘‘(A) to States in regions which have a dis- (b) TABLE OF CONTENTS AMENDMENT.—The $21,000,000 in total compensation; proportionately small share of economically table of contents of the Public Utility Regu- (13) in 2007, Jim Mulva, the chief executive sustainable renewable energy generation ca- latory Policies Act of 1978 (16 U.S.C. prec. officer of ConocoPhillips, received $15,100,000 pacity; and 2601) is amended by adding at the end of the in total compensation; and ‘‘(B) to State programs to stimulate or en- items relating to title VI the following: (14) in 2007, Bob R. Simpson, the chief exec- hance innovative renewable energy tech- ‘‘Sec. 609. Rural and remote communities utive officer of XTO Energy (1 of the largest nologies. electrification grants. independent oil and gas producers in the ‘‘(f) RULES.—The Secretary shall issue ‘‘Sec. 610. Federal renewable portfolio stand- United States), received $72,700,000 in total rules implementing this section not later ard.’’. compensation. than 1 year after the date of enactment of (b) SENSE OF THE SENATE.—It is the sense this section. SA 4891. Mr. SANDERS submitted an of the Senate that at a time during which ‘‘(g) EXEMPTIONS.—This section shall not amendment intended to be proposed by the citizens of the United States continue to apply in any calendar year to an electric him to the bill S. 3036, to direct the Ad- pay record-breaking prices for gasoline, chief utility— ministrator of the Environmental Pro- executive officers of big oil companies should ‘‘(1) that sold less than 4,000,000 megawatt- tection Agency to establish a program not receive for total annual compensation an hours of electric energy to electric con- amount greater than $5,000,000. sumers during the preceding calendar year; to decrease emissions of greenhouse or gases, and for other purposes; which SA 4892. Mr. SANDERS submitted an ‘‘(2) in Hawaii. was ordered to lie on the table; as fol- amendment intended to be proposed by ‘‘(h) INFLATION ADJUSTMENT.—Not later lows: him to the bill S. 3036, to direct the Ad- than December 31, 2008, and December 31 of At the end of title XVII, add the following: ministrator of the Environmental Pro- each year thereafter, the Secretary shall ad- Subtitle H—Sense of the Senate Regarding tection Agency to establish a program just for United States dollar inflation (as Excessive Big Oil Chief Executive Officer measured by the Consumer Price Index)— to decrease emissions of greenhouse Compensation ‘‘(1) the price of a renewable energy credit gases, and for other purposes; which under subsection (c)(2); and SEC. 1771. SENSE OF THE SENATE. was ordered to lie on the table; as fol- ‘‘(2) the amount of the civil penalty per (a) FINDINGS.—The Senate finds that— lows: (1) the national average price for a gallon kilowatt-hour under subsection (d)(2). At the end of title XVII, add the following: of gasoline has increased from the price of ‘‘(i) STATE PROGRAMS.— Subtitle H—Margin Level for Crude Oil ‘‘(1) IN GENERAL.—Nothing in this section $1.47 per gallon during the week President diminishes any authority of a State or polit- George W. Bush took office in January 2001 SEC. 1771. MARGIN LEVEL FOR CRUDE OIL. Section 2(a)(1) of the Commodity Exchange ical subdivision of a State to adopt or en- to, as of the date of enactment of this Act, Act (7 U.S.C. 2(a)(1)) is amended by adding at force any law or regulation respecting re- an all-time high of approximately $4.00 per the end the following: newable energy, but, except as provided in gallon; ‘‘(G) MARGIN LEVEL FOR CRUDE OIL.— subsection (d)(3), no such law or regulation (2) the price of a barrel of oil has increased ‘‘(i) IN GENERAL.—Except as provided in shall relieve any person of any requirement during the administration of George W. clause (ii), not later than 90 days after the otherwise applicable under this section. Bush, from $30.63 in January 2001 to as high date of enactment of this subparagraph, the ‘‘(2) COORDINATION.—The Secretary, in con- as $135 in May 2008; Commission shall promulgate regulations to sultation with States having such renewable (3) the average household with children increase by not less than 25 percent the mar- energy programs, shall, to the maximum ex- will spend approximately $5,030 on transpor- gin level of crude oil traded on any trading tent practicable, facilitate coordination be- tation fuel costs in 2008, an increase of 164 facility or as part of any agreement, con- tween the Federal program and State pro- percent or $3,127 more than 2001 transpor- tract, or transaction covered by this Act. grams. tation fuel costs; ‘‘(ii) EXCEPTION.—The Commission shall ‘‘(3) REGULATIONS.— (4) while the price of gasoline has contin- not increase the margin level of crude oil if— ‘‘(A) IN GENERAL.—The Secretary, in con- ued to skyrocket, median household income, ‘‘(I) the buyer and seller of the crude oil sultation with States, shall promulgate reg- adjusted for inflation, has declined by $982 are primarily engaged in the business of ex- ulations to ensure that an electric utility from $50,566 in 2000 to $49,584 in 2006, making tracting, refining, transporting, or selling subject to the requirements of this section it harder for families of the United States to crude oil (including products refined from that is also subject to a State renewable en- afford the basic necessities of life; crude oil); or ergy standard receives renewable energy (5) while the price of gasoline has contin- ‘‘(II) the buyer or seller of the crude oil is credits in relation to equivalent quantities ued to skyrocket, 36,500,000 citizens of the a retail consumer or other final user of the of renewable energy associated with compli- United States lived in poverty during 2006, crude oil or a product refined from the crude ance mechanisms, other than the generation an increase of 4,900,000 above the 2000 level, oil (including an entity that uses the crude or purchase of renewable energy by the elec- the year before President Bush took office; oil in a manufacturing process) that is the tric utility, including the acquisition of cer- (6) 63 percent of respondents of a March subject of any agreement, contract, or trans- tificates or credits and the payment of taxes, 2008 Gallup Poll stated that high gasoline action covered by this Act.’’. fees, surcharges, or other financial compli- prices have caused hardships for the respond- ance mechanisms by the electric utility or a ents; (7) according to a Gallup Poll carried out SA 4893. Mr. SANDERS submitted an customer of the electric utility, directly as- amendment intended to be proposed by sociated with the generation or purchase of on June 3, 2008, 55 percent of the citizens of renewable energy. the United States stated that they are worse him to the bill S. 3036, to direct the Ad- ‘‘(B) PROHIBITION ON DOUBLE COUNTING.— off financially than the prior year, marking ministrator of the Environmental Pro- The regulations promulgated under this the first time in the 32-year history of the tection Agency to establish a program paragraph shall ensure that a kilowatt hour Gallop Poll that more than 50 percent of the to decrease emissions of greenhouse associated with a renewable energy credit respondents of that question provided a neg- gases, and for other purposes; which issued pursuant to this subsection shall not ative assessment; was ordered to lie on the table; as fol- be used for compliance with this section (8) while the citizens of the United States lows: continue to pay record-breaking prices at more than once. At the end of title XVII, add the following: ‘‘(j) RECOVERY OF COSTS.— the gas pump, the chief executive officers of ‘‘(1) IN GENERAL.—The Commission shall big oil companies have been rewarded with Subtitle H—Commodity Futures issue and enforce such regulations as are excessive retirement and annual compensa- SEC. 1771. MARGIN LEVEL FOR CRUDE OIL. necessary to ensure that an electric utility tion packages; Section 2(a)(1) of the Commodity Exchange recovers all prudently incurred costs associ- (9) in 2005, Lee Raymond, the former chief Act (7 U.S.C. 2(a)(1)) is amended by adding at ated with compliance with this section. executive officer of Exxon-Mobil, received a the end the following: ‘‘(2) APPLICABLE LAW.—A regulation under total retirement package of at least ‘‘(G) MARGIN LEVEL FOR CRUDE OIL.— paragraph (1) shall be enforceable in accord- $398,000,000, among the richest compensation ‘‘(i) IN GENERAL.—Except as provided in ance with the provisions of law applicable to packages in United States corporate history; clause (ii), not later than 90 days after the enforcement of regulations under the Fed- (10) in 2006, Ray Irani, the chief executive date of enactment of this subparagraph, the eral Power Act (16 U.S.C. 791a et seq.). officer of Occidental Petroleum (the largest Commission shall promulgate regulations to ‘‘(k) WIND ENERGY DEVELOPMENT STUDY.— oil producer in the State of Texas), received increase by not less than 25 percent the mar- The Secretary, in consultation with appro- over $400,000,000 in total compensation, 1 of gin level of crude oil traded on any trading priate Federal and State agencies, shall con- the largest single-year payouts in United facility or as part of any agreement, con- duct, and submit to Congress a report de- States corporate history; tract, or transaction covered by this Act.

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‘‘(ii) EXCEPTION.—The Commission shall ‘‘(H) require investment banks to disclose or subject to the rules of a board of trade, not increase the margin level of crude oil if— the long and short positions of the banks in and establish a process for resolving such ‘‘(I) the buyer and seller of the crude oil the filings of the bank. conflicts of interest, including rules that are primarily engaged in the business of ex- ‘‘(2) PENALTY.—An individual or entity (with respect to a commodity that is traded tracting, refining, transporting, or selling that (as determined by the Commission or on or subject to the rules of a board of trade crude oil (including products refined from the Securities and Exchange Commission, as by any covered person)— crude oil); or appropriate) repeatedly violates an applica- ‘‘(A) prohibit the crude oil research divi- ‘‘(II) the buyer or seller of the crude oil is ble provision of this subsection or a rule or sion of the covered person that is responsible a retail consumer or other final user of the regulation promulgated pursuant to this sub- for predicting the price of crude oil from any crude oil or a product refined from the crude section shall be subject to a fine of $1,000,000, communications between the division and oil (including an entity that uses the crude imprisoned for not more than 10 years, or energy traders; oil in a manufacturing process) that is the both, for each violation.’’. ‘‘(B) prohibit energy traders from con- subject of any agreement, contract, or trans- ducting transactions that relate to the en- action covered by this Act.’’. SA 4894. Mr. SANDERS submitted an ergy infrastructure of the covered person; SEC. 1772. ENERGY COMMODITIES AND RELATED amendment intended to be proposed by ‘‘(C) prohibit a covered person from engag- SWAPS TRADED ON FOREIGN him to the bill S. 3036, to direct the Ad- ing in energy derivative transactions or en- BOARDS OF TRADE. ministrator of the Environmental Pro- ergy futures contracts on behalf of them- Section 2 of the Commodity Exchange Act tection Agency to establish a program selves or the clients of the covered person; (7 U.S.C. 2) is amended by adding at the end ‘‘(D) prohibit investment banks from own- the following: to decrease emissions of greenhouse ing energy commodities; ‘‘(j) ENERGY COMMODITIES AND RELATED gases, and for other purposes; which ‘‘(E) require investment banks to disclose SWAPS TRADED ON FOREIGN BOARDS OF was ordered to lie on the table; as fol- income from oil and gas trading activities; TRADE.— lows: ‘‘(F) prohibit investment banks from hav- ‘‘(1) IN GENERAL.—Notwithstanding para- At the end of title XVII, add the following: ing an interest in an energy exchange; ‘‘(G) prohibit United States investors from graphs (3) through (5) of subsection (h), Subtitle H—Commodity Futures agreements, contracts, or transactions, in- trading on an unregulated exchange; and cluding futures, swaps, and derivatives SEC. 1771. ENERGY COMMODITIES AND RELATED ‘‘(H) require investment banks to disclose transactions that serve a price discovery SWAPS TRADED ON FOREIGN the long and short positions of the banks in BOARDS OF TRADE. function for energy commodities delivered in the filings of the bank. Section 2 of the Commodity Exchange Act the United States, that are facilitated or ‘‘(2) PENALTY.—An individual or entity (7 U.S.C. 2) is amended by adding at the end transacted on any contract market or elec- that (as determined by the Commission or the following: tronic trading facility that is regulated by a the Securities and Exchange Commission, as ‘‘(j) ENERGY COMMODITIES AND RELATED foreign regulatory agency, shall— appropriate) repeatedly violates an applica- SWAPS TRADED ON FOREIGN BOARDS OF ‘‘(A) register as a designated contract mar- ble provision of this subsection or a rule or TRADE.— ket pursuant to section 4(a); and regulation promulgated pursuant to this sub- ‘‘(1) IN GENERAL.—Notwithstanding para- ‘‘(B) be subject to the rules and regulations section shall be subject to a fine of $1,000,000, graphs (3) through (5) of subsection (h), any of the Commission, including disclosure re- imprisoned for not more than 10 years, or contract market or electronic trading facil- quirements, that apply to designated con- both, for each violation.’’. ity that is regulated by a foreign regulatory tract markets. agency and that facilitates, or on which is ‘‘(2) REGISTRATION.—A contract market or SA 4896. Mr. NELSON of Nebraska transacted, any agreements, contracts, or electronic trading facility that is subject to submitted an amendment intended to transactions, including futures, swaps, and paragraph (1) shall register with the Com- be proposed by him to the bill S. 3036, derivatives transactions, that serve a price mission not later than 180 days after the date discovery function for energy commodities to direct the Administrator of the En- of enactment of this subsection. delivered in the United States, shall— vironmental Protection Agency to es- ‘‘(3) INAPPLICABILITY OF EXEMPTIONS.—Any ‘‘(A) register as a designated contract mar- tablish a program to decrease emis- exemption from registration, including no ket pursuant to section 4(a); and sions of greenhouse gases, and for other action letters, issued by the Commission or ‘‘(B) be subject to the rules and regulations purposes; which was ordered to lie on the staff of the Commission shall not be ap- of the Commission, including disclosure re- plicable after this date.’’. the table; as follows: quirements, that apply to designated con- At the appropriate place, insert the fol- SEC. 1773. CONFLICTS OF INTEREST IN COMMOD- tract markets. ITIES MARKETS. lowing: ‘‘(2) REGISTRATION.—Each contract market Section 2 of the Commodity Exchange Act SEC. lll. NATIONAL COMMISSION ON ENERGY and electronic trading facility that is sub- POLICY AND GLOBAL CLIMATE (7 U.S.C. 2) (as amended by section 1772) is ject to paragraph (1) shall register with the CHANGE. amended by adding at the end the following: Commission not later than 180 days after the (a) ESTABLISHMENT.—There is established a ‘‘(k) CONFLICTS OF INTEREST IN COMMOD- date of enactment of this subsection. commission, to be known as the ‘‘National ITIES MARKETS.— ‘‘(3) INAPPLICABILITY OF EXEMPTIONS.—Any Commission on Energy Policy and Global ‘‘(1) IN GENERAL.—The Commission or the exemption from registration, including no Climate Change’’ (referred to in this section Securities and Exchange Commission, as ap- action letters, issued by the Commission or as the ‘‘Commission’’). propriate, shall establish and enforce rules the staff of the Commission shall not be ap- (b) PURPOSES.—The purposes of the Com- to eliminate or minimize conflicts of inter- plicable after the date of enactment of this mission are— est in transactions in commodities traded on subsection.’’. (1) to examine all aspects of the national or subject to the rules of a board of trade, energy situation and related policies in order and establish a process for resolving such SA 4895. Mr. SANDERS submitted an to develop a comprehensive, economy-wide conflicts of interest, including rules that amendment intended to be proposed by policy approach to energy issues; (with respect to a commodity that is traded him to the bill S. 3036, to direct the Ad- (2) to examine relevant data relating to on or subject to the rules of a board of trade global climate change, including impacts of by any covered person)— ministrator of the Environmental Pro- human activities; and ‘‘(A) prohibit the crude oil research divi- tection Agency to establish a program (3) to report to Congress and the President sion of the covered person that is responsible to decrease emissions of greenhouse the findings, conclusions, and recommenda- for predicting the price of crude oil from any gases, and for other purposes; which tions of the Commission for legislation to es- communications between the division and was ordered to lie on the table; as fol- tablish a comprehensive national energy pol- energy traders; lows: icy that ensures national energy security ‘‘(B) prohibit energy traders from con- and significantly reduces greenhouse gas At the end of title XVII, add the following: ducting transactions that relate to the en- emissions in order to address global climate ergy infrastructure of the covered person; Subtitle H—Commodity Futures change without damaging the economy. ‘‘(C) prohibit a covered person from engag- SEC. 1771. CONFLICTS OF INTEREST IN COMMOD- (c) COMPOSITION.— ing in energy derivative transactions or en- ITIES MARKETS. (1) MEMBERSHIP.—The Commission shall be ergy futures contracts on behalf of them- Section 2 of the Commodity Exchange Act composed of 12 members, of whom— selves or the clients of the covered person; (7 U.S.C. 2) is amended by adding at the end (A) 1 shall be jointly appointed by the Ma- ‘‘(D) prohibit investment banks from own- the following: jority Leader of the Senate and the Speaker ing energy commodities; ‘‘(j) CONFLICTS OF INTEREST IN COMMODITIES of the House of Representatives, who shall ‘‘(E) require investment banks to disclose MARKETS.— serve as Chairperson of the Commission; income from oil and gas trading activities; ‘‘(1) IN GENERAL.—The Commission or the (B) 1 shall be jointly appointed by the Mi- ‘‘(F) prohibit investment banks from hav- Securities and Exchange Commission, as ap- nority Leader of the Senate and the Minor- ing an interest in an energy exchange; propriate, shall establish and enforce rules ity Leader of the House of Representatives, ‘‘(G) prohibit United States investors from to eliminate or minimize conflicts of inter- who shall serve as Vice-Chairperson of the trading on an unregulated exchange; and est in transactions in commodities traded on Commission;

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(C) 1 shall be jointly appointed by the (A) shall not affect the powers of the Com- (i) IN GENERAL.—The Commission or any Chairperson and Ranking Member of the mission; and subcommittee or member of the Commission Committee on Environment and Public (B) shall be filled in the same manner in may, for the purpose of carrying out this sec- Works of the Senate; which the original appointment was made. tion— (D) 1 shall be jointly appointed by the (d) DUTIES.— (I) hold such hearings and sit and act at Chairperson and Ranking Member of the (1) IN GENERAL.—The Commission shall— such times and places, take such testimony, Committee on Natural Resources of the (A) study and evaluate relevant data, stud- receive such evidence, and administer such House of Representatives, in consultation ies, and proposals relating to national en- oaths as the Commission determines to be with the Select Committee on Energy Inde- ergy policies and policies to address global appropriate; and pendence and Global Warming of the House climate change, including any relevant legis- (II) subject to paragraph (2)(A), require, by of Representatives; lation, Executive order, regulation, plan, subpoena or otherwise, the attendance and (E) 1 shall be jointly appointed by the policy, practice, or procedure relating to— testimony of such witnesses and the produc- Chairperson and Ranking Member of the (i) domestic production and consumption tion of such books, records, correspondence, Committee on Energy and Natural Resources of energy from all sources and imported memoranda, papers, and documents, as the of the Senate; sources of energy, particularly oil and nat- Commission determines to be necessary. (F) 1 shall be jointly appointed by the ural gas; (ii) PUBLIC REQUIREMENT.—In accordance Chairperson and Ranking Member of the (ii) domestic and international oil and gas with applicable laws (including regulations) Committee on Energy and Commerce of the exploration, production, refining, and pipe- and Executive orders regarding protection of information acquired by the Commission, House of Representatives; lines and other forms of infrastructure and the Commission shall ensure that, to the (G) 1 shall be jointly appointed by the transportation; maximum extent practicable— Chairperson and Ranking Member of the (iii) energy markets, including energy (I) all hearings of the Commission are open Committee on Commerce, Science, and market speculation, transparency, and over- to the public, including by— Transportation of the Senate; sight; (aa) providing live and recorded public ac- (H) 1 shall be jointly appointed by the (iv) the structure of the energy industry, cess to hearings on the Internet; and Chairpersons and Ranking Members of the including the impacts of consolidation, anti- (bb) publishing all transcripts and records trust, and oligopolistic concerns, market Committees on Science and Technology and of hearings at such time and in such manner manipulation and collusion concerns, and Transportation and Infrastructure of the as is agreed to by the majority of members other similar matters; House of Representatives; of the Commission; and (v) electricity production and transmission (I) 1 shall be jointly appointed by the (II) all findings and reports of the Commis- issues, including fossil fuels, renewable en- Chairperson and Ranking Member of the sion are made public. ergy, energy efficiency, and energy conserva- Committee on Agriculture, Nutrition, and (2) SUBPOENAS.— tion matters; Forestry of the Senate; (A) ISSUANCE.— (vi) transportation fuels, biofuels and other (J) 1 shall be jointly appointed by the (i) IN GENERAL.—A subpoena may be issued renewable fuels, fuel cells, motor vehicle Chairperson and Ranking Member of the under this subsection only— Committee on Agriculture of the House of power systems, efficiency, and conservation; (I) on agreement of the Chairperson and Representatives; and Vice-Chairperson of the Commission; or (K) 1 shall be jointly appointed by the (vii) nuclear energy, including matters re- (II) on the affirmative vote of at least 6 Chairperson and Ranking Member of the lating to permitting, regulation, and legal li- members of the Commission. ability; Committee on Finance of the Senate; and (ii) SIGNATURE.—Subject to clause (i), a (L) 1 shall be jointly appointed by the (B) examine relevant data relating to glob- subpoena issued under this paragraph may Chairperson and Ranking Member of the al climate change and the national and glob- be— Committee on Ways and Means of the House al environment, including— (I) issued under the signature of the Chair- of Representatives. (i) the impacts on the global climate sys- person of the Commission (or a designee who (2) QUALIFICATIONS.— tem and the environment of human activi- is a member of the Commission); and (A) POLITICAL PARTY AFFILIATION.—An ap- ties, particularly greenhouse gas emissions (II) served by any individual or entity des- pointment of a member of the Commission and pollution; and ignated by the Chairperson or designee. under paragraph (1) shall be made— (ii) the consequences of global climate (B) ENFORCEMENT.— (i) without regard to the political party af- change on humans and other species, par- (i) IN GENERAL.—In the case of contumacy filiation of the member; and ticularly consequences to the national secu- or failure to obey a subpoena issued under (ii) on a nonpartisan basis. rity, economy, and public health and safety subparagraph (A), the United States district (B) NONGOVERNMENTAL APPOINTEES.—A of the United States; court for the judicial district in which the member appointed to the Commission under (C) identify, review, and evaluate the les- subpoenaed individual or entity resides, is paragraph (1) shall not be an officer or em- sons of past energy policies, energy crises, served, or may be found, or to which the sub- ployee of— environmental problems, and attempts to ad- poena is returnable, may issue an order re- (i) the Federal Government; or dress global climate change; quiring the individual or entity to appear at (ii) any unit of State or local government. (D) evaluate proposals for energy and glob- a designated place to testify or to produce (C) SENSE OF CONGRESS REGARDING OTHER al climate change policies, including pro- documentary or other evidence. QUALIFICATIONS.—It is the sense of Congress posals developed by Members of Congress, (ii) FAILURE TO OBEY.— that members appointed to the Commission congressional Committees, relevant Federal, (I) IN GENERAL.—A failure to obey the order under paragraph (1) should be prominent, na- regional, and State government agencies, of a United States district court under tionally recognized United States citizens, nongovernmental organizations, independent clause (i) may be punished by the United with a significant depth of experience in pro- organizations, and international organiza- States district court as a contempt of the fessions such as governmental service, tions, with the goal of expanding those pro- court. science, energy, economics, the environ- posals to develop a blueprint for comprehen- (II) ENFORCEMENT BY COMMISSION.—In the ment, agriculture, manufacturing, public ad- sive energy and global climate change legis- case of failure of a witness to comply with a ministration, and commerce (including avia- lation; and subpoena, or to testify if summoned pursu- tion matters). (E) submit to Congress and the President ant to this paragraph— (3) DEADLINE FOR APPOINTMENTS.—All the reports required under subsection (h). (aa) the Commission, by majority vote, members of the Commission shall be ap- (2) RELATIONSHIP TO EFFORTS OF CON- may certify to the appropriate United States pointed by not later than 90 days after the GRESS.—The Commission shall— Attorney a statement of fact regarding the date of enactment of this Act. (A) review the information compiled by, failure; and (4) MEETINGS.— and the findings, conclusions, and rec- (bb) the United States Attorney may bring (A) INITIAL MEETING.—The Commission ommendations of, congressional Committees the matter before the grand jury for action shall hold the initial meeting of the Commis- of relevant jurisdiction; and in accordance with sections 102 through 104 sion as soon as practicable, and not later (B) based on the results of the review, pur- of the Revised Statutes (2 U.S.C. 192 et seq.). than 60 days, after the date on which all sue any appropriate inquiry that the Com- (3) CONTRACTING.—To the extent amounts members of the Commission are appointed. mission determines to be necessary to carry are made available in appropriations Acts, (B) SUBSEQUENT MEETINGS.—After the ini- out the duties of the Commission under para- the Commission may enter into contracts to tial meeting under subparagraph (A), the graph (1). assist the Commission in carrying out the Commission shall meet at the call of— (e) POWERS.— duties of the Commission under this section. (i) the Chairperson; or (1) IN GENERAL.— (4) INFORMATION FROM FEDERAL AGENCIES.— (ii) a majority of the members of the Com- (A) RULES.—The Commission may estab- (A) IN GENERAL.—The Commission may se- mission. lish such rules relating to administrative cure directly from a Federal agency such in- (5) QUORUM.—7 members of the Commission procedures as are reasonably necessary to formation as the Commission considers to be shall constitute a quorum. enable the Commission to carry out this sec- necessary to carry out this section. (6) VACANCIES.—A vacancy on the Commis- tion. (B) PROVISION OF INFORMATION.—On request sion— (B) HEARINGS AND EVIDENCE.— of the Chairperson of the Commission, the

VerDate Aug 31 2005 05:37 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.118 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5259 head of the agency shall provide the informa- tive director and other personnel without re- Beginning on page 377, strike line 21 and tion to the Commission. gard to the provisions of chapter 51 and sub- all that follows through page 379, line 8, and (C) TREATMENT.—Information provided to chapter III of chapter 53 of title 5, United insert the following: the Commission under this paragraph shall States Code, relating to classification of po- (a) IN GENERAL.—Of the amounts made be received, handled, stored, and dissemi- sitions and General Schedule pay rates. available annually under section 1231(b), 15 nated by members and staff of the Commis- (ii) MAXIMUM RATE OF PAY.—The rate of percent shall be allocated to the Secretary of sion in accordance with applicable law (in- pay for the executive director and other per- Commerce for use in funding adaptation ac- cluding regulations) and Executive orders. sonnel shall not exceed the rate payable for tivities to protect, maintain, and restore (5) ASSISTANCE FROM FEDERAL AGENCIES.— level V of the Executive Schedule under sec- coastal, estuarine, Great Lakes, and marine (A) GENERAL SERVICES ADMINISTRATION.— tion 5316 of title 5, United States Code. resources, habitats, and ecosystems, includ- The Administrator of General Services shall (D) STATUS.—The executive director and ing activities carried out under— provide to the Commission, on a reimburs- any employee (not including any member) of (1) the coastal and estuarine land conserva- able basis, administrative support and other the Commission shall be considered to be tion program; services to assist the Commission in car- employees under section 2105 of title 5, (2) the community-based restoration pro- rying out the duties of the Commission United States Code, for purposes of chapters gram; under this section. 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (3) the Coastal Zone Management Act of (B) OTHER DEPARTMENTS AND AGENCIES.—In (E) CONSULTANT SERVICES.—The Commis- 1972 (16 U.S.C. 1451 et seq.), subject to the addition to the assistance described in sub- sion may procure the services of experts and condition that State coastal agencies shall paragraph (A), any other Federal department consultants in accordance with section 3109 incorporate, and the Secretary of Commerce or agency may provide to the Commission of title 5, United States Code, at rates not to shall approve, coastal zone management plan such services, funds, facilities, staff, and exceed the daily rate paid to an individual elements that are— other support as the head of the department occupying a position at level IV of the Exec- (A) consistent with the National Wildlife or agency determines to be appropriate. utive Schedule under section 5315 of title 5, Adaptation Strategy developed by the Presi- (6) POSTAL SERVICES.—The Commission United States Code. dent under section 1222(a), as part of a coast- may use the United States mails in the same (g) NONAPPLICABILITY OF FACA.—The Fed- al zone management program established manner and under the same conditions as eral Advisory Committee Act (5 U.S.C. App.) under this Act; and other agencies of the Federal Government. shall not apply to the Commission. (B) specifically designed to strengthen the (7) GIFTS.—The Commission may accept, (h) REPORTS.— ability of coastal, estuarine, and marine re- use, and dispose of gifts or donations of serv- (1) INTERIM REPORTS.—Not later than June sources, habitats, and ecosystems to adapt ices or property only in accordance with the 1, 2009, and thereafter as the Commission de- to and withstand the impacts of— ethical rules applicable to congressional offi- termines to be appropriate, the Commission (i) global warming; and cers and employees. shall submit to Congress and the President (ii) where practicable, ocean acidification; (8) VOLUNTEER SERVICES.— an interim report describing the findings and (4) the Open Rivers Initiative; (A) IN GENERAL.—Notwithstanding section recommendations agreed to by a majority of (5) the Magnuson-Stevens Fishery Con- 1342 of title 31, United States Code, the Com- members of the Commission during the pe- servation and Management Act (16 U.S.C. mission may accept and use the services of riod beginning on the date on which, as ap- 1801 et seq.); volunteers serving without compensation. plicable— (6) the Marine Mammal Protection Act of (B) REIMBURSEMENT.—The Commission (A) all members of the Commission are ap- 1972 (16 U.S.C. 1361 et seq.); may reimburse a volunteer for office sup- pointed under subsection (c); or (7) the Endangered Species Act of 1973 (16 plies, local travel expenses, and other travel (B) the most recent interim report was U.S.C. 1531 et seq.); expenses, including per diem in lieu of sub- submitted under this paragraph. (8) the Marine Protection, Research, and sistence, in accordance with section 5703 of (2) FINAL REPORT.—Not later than 18 Sanctuaries Act of 1972 (33 U.S.C. 1401 et title 5, United States Code. months after the date on which all members seq.); and (C) TREATMENT.—A volunteer of the Com- of the Commission are appointed under sub- (9) the Coral Reef Conservation Act of 2000 mission shall be considered to be an em- section (c), the Commission shall submit to ployee of the Federal Government in car- (16 U.S.C. 6401 et seq.). Congress and the President a final report es- (b) REGIONAL INTEGRATED SCIENCES AND AS- rying out activities for the Commission, for tablishing a plan for development of legisla- purposes of— SESSMENTS PROGRAM.—Of the amounts made tion for a comprehensive national policy re- available annually under section 1231(b), 2 (i) chapter 81 of title 5, United States Code; lating to energy security that— (ii) chapter 11 of title 18, United States percent shall be allocated to the Secretary of (A) addresses global climate change; and Commerce for use in funding activities Code; and (B) describes the findings and rec- (iii) chapter 171 of title 28, United States through the Regional Integrated Sciences ommendations agreed to by a majority of and Assessments program of the Department Code. members of the Commission. (f) COMMISSION PERSONNEL MATTERS.— of Commerce, including the development of (i) AUTHORIZATION OF APPROPRIATIONS.— (1) COMPENSATION OF MEMBERS.—A member climate mitigation and adaptation decision There are authorized to be appropriated to support systems and tools for regional, of the Commission shall be compensated at a the Commission such sums as are necessary rate equal to the daily equivalent of the an- State, and local decision-makers and policy to carry out this section, to remain available planners. nual rate of basic pay prescribed for level IV until the later of— of the Executive Schedule under section 5315 (1) the date on which the funds are ex- Mr. SALAZAR submitted an of title 5, United States Code, for each day pended; or SA 4898. (including travel time) during which the (2) the date of termination of the Commis- amendment intended to be proposed by member is engaged in the performance of the sion under subsection (j). him to the bill S. 3036, to direct the Ad- duties of the Commission. (j) TERMINATION.— ministrator of the Environmental Pro- (2) TRAVEL EXPENSES.—A member of the (1) IN GENERAL.—The Commission shall ter- tection Agency to establish a program Commission shall be allowed travel expenses, minate on the date that is 60 days after the to decrease emissions of greenhouse including per diem in lieu of subsistence, at date on which the final report is submitted rates authorized for an employee of an agen- gases, and for other purposes; which under subsection (h)(2). was ordered to lie on the table; as fol- cy under subchapter I of chapter 57 of title 5, (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- lows: United States Code, while away from the MINATION.—During the 60-day period de- home or regular place of business of the scribed in paragraph (1), the Commission Beginning on page 36, line 14 and all that member in the performance of the duties of may conclude the activities of the Commis- follows through page 41, line 8, strike ‘‘Ad- the Commission. sion, including— ministrator’’ each place it appears and insert (3) STAFF.— (A) providing testimony to appropriate ‘‘Secretary of Energy’’. (A) IN GENERAL.—The Chairperson of the committees of Congress regarding the re- Beginning on page 142, strike line 9 and all Commission may, without regard to the civil ports of the Commission; and that follows through page 147, line 20 and in- service laws (including regulations), appoint (B) publishing the final report of the Com- sert the following: and terminate an executive director and mission. Subtitle D—Climate Change Technology such other additional personnel as are nec- Initiative essary to enable the Commission to perform SA 4897. Mr. SALAZAR submitted an the duties of the Commission. amendment intended to be proposed by SEC. 431. ESTABLISHMENT. (B) CONFIRMATION OF EXECUTIVE DIREC- There is established, within the Depart- him to the bill S. 3036, to direct the Ad- ment of Energy, a Climate Change Tech- TOR.—The employment of an executive direc- ministrator of the Environmental Pro- tor shall be subject to confirmation by the nology Initiative. tection Agency to establish a program Commission. SEC. 432. PURPOSE. (C) COMPENSATION.— to decrease emissions of greenhouse The purpose of the Climate Change Tech- (i) IN GENERAL.—Except as provided in gases, and for other purposes; which nology Initiative shall be to advance the pur- clause (ii), the Chairperson of the Commis- was ordered to lie on the table; as fol- poses of this Act by using the funds made sion may fix the compensation of the execu- lows: available to the Secretary of Energy under

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titles VIII through XI to accelerate the com- by section 431’’ and insert ‘‘Secretary of En- Percentage mercialization and diffusion of low- and zero- ergy’’. for State carbon technologies and practices. On page 291, lines 5 and 6, strike ‘‘Climate leaders in re- SEC. 433. DISTRIBUTION OF FUNDS. Change Technology Board’’ and insert ‘‘Sec- ducing green- The Secretary of Energy shall have the au- retary of Energy’’. Calendar Year house gas thority to distribute funds made available to emissions and On page 291, lines 13 and 14, strike ‘‘Cli- improving en- the Secretary under this Act. mate Change Technology Board’’ and insert ergy effi- SEC. 434. NOTIFICATION OF DISTRIBUTION OF ‘‘Secretary of Energy’’. ciency FUNDS. On page 297, lines 15 and 16, strike ‘‘Cli- (a) ADVANCE NOTIFICATION.—Not later than mate Change Technology Board established 2012 ...... 0 60 days before distributing any funds made by section 431’’ and insert ‘‘Secretary of En- 2013 ...... 0 available under this Act to the Secretary of ergy’’. 2014 ...... 0 Energy, the Secretary shall— On page 297, line 21, strike ‘‘Climate 2015 ...... 0 (1) publish in the Federal Register a de- Change Technology Board’’ and insert ‘‘Sec- 2016 ...... 0 .25 tailed notification of the distribution; and retary of Energy’’. 2017 ...... 0 .25 (2) provide a detailed notification of the 2018 ...... 0 .55 distribution to— On page 298, lines 5 and 6, strike ‘‘Climate 2019 ...... 0 .75 (A) the President; and Change Technology Board’’ and insert ‘‘Sec- 2020 ...... 1 (B) each committee of Congress with juris- retary of Energy’’. 2021 ...... 1 diction over an activity that would be funded On page 298, lines 20 and 21, strike ‘‘Cli- 2022 ...... 5 .5 under the distribution. mate Change Technology Board’’ and insert 2023 ...... 5 .75 (b) ANNUAL REPORT.—Not later than 90 ‘‘Secretary of Energy’’. 2024 ...... 6.0 days after the end of each fiscal year, the On page 299, line 4, strike ‘‘Climate Change 2025 ...... 6.25 Secretary of Energy shall submit to Con- Technology Board’’ and insert ‘‘Secretary of 2026 ...... 6.5 gress a report describing, with respect to Energy’’. 2027 ...... 6.75 amounts obligated by the Secretary under On page 299, lines 7 and 8, strike ‘‘Climate 2028 ...... 7 this Act for that fiscal year— Change Technology Board’’ and insert ‘‘Sec- 2029 ...... 7 .25 (1) the actual amounts obligated during retary of Energy’’. 2030 ...... 7 .5 that fiscal year; On page 301, lines 6 and 7, strike ‘‘Climate 2031 ...... 8 .5 (2) the purposes for which the amounts Change Technology Board’’ and insert ‘‘Sec- 2032 ...... 9 .5 were obligated; and retary of Energy’’. 2033 ...... 9 .5 (3) the balance, if any, of amounts that— On page 301, lines 14 and 15, strike ‘‘Cli- 2034 ...... 9 .5 (A) were obligated during that year; but 2035 ...... 9 .5 (B) remain unexpended as of the date of mate Change Technology Board’’ and insert ‘‘Secretary of Energy’’. 2036 ...... 9 .5 submission of the report. 2037 ...... 9 .5 On page 302, lines 3 and 4, strike ‘‘Climate SEC. 435. REVIEWS AND AUDITS BY COMP- 2038 ...... 9 .5 Change Technology Board’’ and insert ‘‘Sec- TROLLER GENERAL. 2039 ...... 9 .5 retary of Energy’’. The Comptroller General of the United 2040 ...... 9 .5 States shall conduct periodic reviews and au- On page 304, strike lines 4 through 7. 2041 ...... 9 .5 dits of the efficacy of the distributions of On page 305, lines 7 and 8, strike ‘‘Climate 2042 ...... 9 .5 funds made by the Secretary of Energy under Change Technology Board established by sec- 2043 ...... 9 .5 this Act. tion 431 (referred to in this subtitle as the 2044 ...... 9 .5 On page 283, lines 18 and 19, strike ‘‘Cli- ‘Board’)’’ and insert ‘‘Secretary of Energy’’. 2045 ...... 9 .5 mate Change Technology Board established Beginning on page 305, line 10, and all that 2046 ...... 9 .5 by section 431’’ and insert ‘‘Secretary of En- follows through page 306, line 3, strike 2047 ...... 9 .5 ergy’’. ‘‘Board’’ each place it appears and insert 2048 ...... 9 .5 On page 284, lines 2 and 3, strike ‘‘Climate ‘‘Secretary of Energy’’. 2049 ...... 9 .5 Change Technology Board’’ and insert ‘‘Sec- On page 333, lines 21 and 22, strike ‘‘Cli- 2050 ...... 9 .5. retary of Energy’’. On page 285, line 3, strike ‘‘Climate Change mate Change Technology Board established Technology Board’’ and insert ‘‘Secretary of by section 431’’ and insert ‘‘Secretary of En- On page 290, lines 6 and 7, strike ‘‘4 per- Energy’’. ergy’’. cent’’ and insert ‘‘5.6 percent’’. On page 285, lines 17 and 18, strike ‘‘Cli- On page 334, lines 3 and 4, strike ‘‘Climate On page 294, line 20, strike ‘‘1.75 percent’’ mate Change Technology Board established Change Technology Board established by sec- and insert ‘‘3.25 percent’’. by section 431’’ and insert ‘‘Secretary of En- tion 431’’ and insert ‘‘Secretary of Energy’’. On page 303, line 5, strike ‘‘0.25 percent’’ ergy’’. On page 334, lines 25 and 26, strike ‘‘Cli- and insert ‘‘0.75 percent’’. On page 286, lines 3 and 4, strike ‘‘Climate mate Change Technology Board’’ and insert On page 458, after line 5, strike the table Change Technology Board’’ and insert ‘‘Sec- ‘‘Secretary of Energy’’. and insert the following: retary of Energy’’. On page 335, lines 15 and 16, strike ‘‘Cli- On page 286, lines 17 and 18, strike ‘‘Cli- mate Change Technology Board’’ and insert Percentage mate Change Technology Board, in consulta- ‘‘Secretary of Energy’’. for auction Calendar year for Deficit tion with the Administrator, the Secretary On page 337, lines 1 and 2, strike ‘‘Climate of Energy,’’ and insert ‘‘Secretary of Energy, Reduction Change Technology Board’’ and insert ‘‘Sec- Fund in consultation with the Administrator,’’. retary of Energy’’. On page 286, line 23, strike ‘‘Climate 2012 ...... 6.15 Change Technology Board’’ and insert ‘‘Sec- On page 337, lines 6 and 7, strike ‘‘Climate 2013 ...... 6.15 retary of Energy’’. Change Technology Board’’ and insert ‘‘Sec- On page 288, lines 1 and 2, strike ‘‘Climate retary of Energy’’. 2014 ...... 6.15 Change Technology Board’’ and insert ‘‘Sec- On page 337, lines 11 and 12, strike ‘‘Cli- 2015 ...... 6.90 retary of Energy’’. mate Change Technology Board’’ and insert 2016 ...... 7 .15 On page 288, lines 10 and 11, strike ‘‘Cli- ‘‘Secretary of Energy’’. 2017 ...... 7 .15 mate Change Technology Board established On page 480, lines 23 and 24, strike ‘‘the 2018 ...... 7 .65 by section 431’’ and insert ‘‘Secretary of En- Board, or the Climate Change Technology 2019 ...... 7 .4 ergy’’. Board’’ and insert ‘‘or the Board’’. 2020 ...... 8 .4 On page 288, lines 17 and 18, strike ‘‘Cli- 2021 ...... 9 .9 2022 ...... 8 .75 mate Change Technology Board’’ and insert SA 4899. Mr. SALAZAR submitted an ‘‘Secretary of Energy’’. 2023 ...... 9 .75 On page 289, line 7, strike ‘‘Climate Change amendment intended to be proposed by 2024 ...... 10 .75 Technology Board’’ and insert ‘‘Secretary of him to the bill S. 3036, to direct the Ad- 2025 ...... 10 .75 Energy’’. ministrator of the Environmental Pro- 2026 ...... 12 .75 On page 289, lines 23 and 24, strike ‘‘Cli- tection Agency to establish a program 2027 ...... 12 .75 mate Change Technology Board’’ and insert to decrease emissions of greenhouse 2028 ...... 12 .75 ‘‘Secretary of Energy’’. gases, and for other purposes; which 2029 ...... 13 .75 2030 ...... 13 .75 On page 290, lines 5 and 6, strike ‘‘Climate was ordered to lie on the table; as fol- Change Technology Board established by sec- 2031 ...... 19 .75 tion 431’’ and insert ‘‘Secretary of Energy’’. lows: 2032 ...... 17 .75 On page 290, lines 11 and 12, strike ‘‘Cli- On page 241, after line 21, strike the table 2033 ...... 17 .75 mate Change Technology Board established and insert the following: 2034 ...... 16.75

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Percentage On page 194, strike lines 4 through 8 and in- Percentage for auction sert the following: for auction Calendar year for Deficit (A)(i) the average annual quantity of car- Calendar year for Deficit Reduction bon dioxide equivalents emitted by the fossil Reduction Fund fuel-fired electricity generator during the 3 Fund calendar years preceding the date of enact- 2035 ...... 16.75 ment of this Act; or 2013 ...... 0 .5 2036 ...... 16.75 (ii) in the case of a fossil fuel-fired elec- 2014 ...... 0 .5 2037 ...... 16.75 tricity generator that was placed in service 2015 ...... 0 .5 2038 ...... 16.75 during the 3-year period ending on the date 2016 ...... 0 .5 2039 ...... 16.75 of enactment of this Act, the quantity of 2017 ...... 0 .5 2040 ...... 16.75 carbon dioxide equivalents emitted by the 2018 ...... 0 .5 2041 ...... 16.75 facility during normal operations exclusive 2019 ...... 0 .5 2042 ...... 16.75 of start-up testing, outages, and related op- 2020 ...... 0 .5 2043 ...... 16.75 erations, on an annual equivalent basis; by 2021 ...... 0 .75 2044 ...... 16.75 2022 ...... 0 .75 2045 ...... 16.75 SA 4902. Mr. REID (for Mr. KENNEDY) 2023 ...... 0 .75 2046 ...... 16.75 submitted an amendment intended to 2024 ...... 0 .75 2047 ...... 16.75 be proposed by him to the bill S. 3036, 2025 ...... 1 2048 ...... 16.75 to direct the Administrator of the En- 2026 ...... 1 2049 ...... 16.75 2027 ...... 1 2050 ...... 16.75 vironmental Protection Agency to es- 2028 ...... 1 tablish a program to decrease emis- 2029 ...... 1 sions of greenhouse gases, and for other 2030 ...... 1 SA 4900. Mr. SALAZAR (for himself, purposes; which was ordered to lie on 2031 ...... 1 Mrs. DOLE, and Mr. WARNER) submitted the table; as follows: 2032 ...... 1 an amendment intended to be proposed Insert after section 125, the following: 2033 ...... 1 by him to the bill S. 3036, to direct the SEC. 126. RESEARCH ON THE HEALTH EFFECTS 2034 ...... 1 Administrator of the Environmental OF CLIMATE CHANGE. 2035 ...... 1 Protection Agency to establish a pro- Title III of the Public Health Service Act 2036 ...... 1 gram to decrease emissions of green- is amended by inserting after section 317S (42 2037 ...... 1 2038 ...... 1 house gases, and for other purposes; U.S.C. 247b-21) the following: ‘‘SEC. 317T. IMPROVING THE PUBLIC HEALTH RE- 2039 ...... 1 which was ordered to lie on the table; SPONSE TO CLIMATE CHANGE. 2040 ...... 1 as follows: ‘‘(a) EXPANSION OF RESEARCH WITHIN 2041 ...... 1 On page 194, strike lines 14 through 19 and CDC.—The Secretary, acting through the 2042 ...... 1 insert the following: Centers for Disease Control and Prevention, 2043 ...... 1 (1) IN GENERAL.—The Administrator shall shall, to the extent that amounts are appro- 2044 ...... 1 include, in the regulations promulgated pur- priated under subsection (b)— 2045 ...... 1 suant to subsection (a), provisions for— ‘‘(1) provide funding for research on the 2046 ...... 1 (A) distributing solely among rural elec- health effects of climate change; 2047 ...... 1 tric cooperatives, in addition to any other ‘‘(2) develop additional expertise in the 2048 ...... 1 allowances that rural electric cooperatives prevention and preparedness for the health 2049 ...... 1 are eligible to receive, the quantities of effects of climate change; 2050 ...... 1 . emission allowances represented by percent- ‘‘(3) provide technical support to State and ages in the following table; and local health departments in developing pre- (c) DISTRIBUTION.—The emission allow- (B) deducting those quantities from the paredness plans, and communicating with ances available for allocation under sub- percentages specified in the table under sec- the public relating to the health effects of section (b) for a calendar year shall be dis- tion 551(b): climate change; and tributed among the States in proportion to ‘‘(4) develop training programs for public the population of each such State. health professionals concerning the health Percentage (d) USE OF EMISSION ALLOWANCES OR PRO- for distribu- risks and interventions related to climate CEEDS.— Calendar year tion among change. (1) IN GENERAL.—During any calendar year, rural electric ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— cooperatives There are authorized to be appropriated, a State receiving emission allowances under such sums as may be necessary to carry out this section shall use the emission allow- 2012 ...... 1 activities under subsection (a) in each of fis- ances (or proceeds of the sale of those emis- 2013 ...... 1 cal years 2009 through 2013.’’. sion allowances) only for projects and activi- 2014 ...... 1 Add at the end of title VI, the following: ties to plan for and address the impacts of climate change on public health. 2015 ...... 1 Subtitle E—Partnerships To Improve the (2) SPECIFIC USES.—The projects and activi- 2016 ...... 1 Public Health Response to Climate Change 2017 ...... 1 ties described in paragraph (1) shall include SEC. 641. PARTNERSHIPS TO IMPROVE THE PUB- projects and activities to— 2018 ...... 1 LIC HEALTH RESPONSE TO CLIMATE 2019 ...... 1 CHANGE. (A) develop, improve, and integrate disease 2020 ...... 1 (a) IN GENERAL.—Not later than 330 days surveillance systems to respond to the 2021 ...... 1 before the beginning of each of calendar health-related effects of climate change; 2022 ...... 0 .75 years 2012 through 2050, the Administrator (B) develop rapid response systems for ex- 2023 ...... 0 .75 shall allocate a percentage of the quantity of treme weather events; 2024 ...... 0 .75 emission allowances established pursuant to (C) identify and prioritize vulnerable com- 2025 ...... 0 .75 section 201(a) for the applicable calendar munities and populations and actions that 2026 ...... 0 .5 year for distribution among States for ac- should be taken to protect them from the 2027 ...... 0 .5 tivities carried out in response to the im- health-related effects of climate change; 2028 ...... 0 .5 pacts of global climate change, in accord- (D) study and develop communication 2029 ...... 0 .25 ance with subsection (b). methods and materials to determine the 2030 ...... 0 .25 (b) PERCENTAGES FOR ALLOCATION.—For most effective ways to communicate with in- each of calendar years 2012 through 2050, the dividuals and communities concerning po- Administrator shall distribute in accordance tential threats, protective behaviors, and SA 4901. Mr. SALAZAR (for himself, with subsection (a) the percentage of emis- preventive actions relating to climate Mr. BARRASSO, and Mr. WARNER) sub- sion allowances specified in the following change; mitted an amendment intended to be table: (E) pursue collaborative efforts to develop proposed by him to the bill S. 3036, to community strategies to prevent the effects direct the Administrator of the Envi- of climate change; Percentage (F) train or develop the public health ronmental Protection Agency to estab- for auction workforce to strengthen the capacity of such lish a program to decrease emissions of Calendar year for Deficit Reduction workforce to respond to, and prepare for, the greenhouse gases, and for other pur- Fund health effects of climate change; and poses; which was ordered to lie on the (G) carry out other activities determined table; as follows: 2012 ...... 0 .5 appropriate by the Secretary of Health and

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Human Services to plan for and address the Percentage Beginning on page 192, strike line 13 and impacts of climate change on public health. for auction all that follows through page 193, line 8, and (3) COORDINATION.—In carrying out this Calendar year for Deficit insert the following: subsection, a State shall coordinate with the Reduction SEC. 551. ALLOCATION. Administrator and the heads of other appro- Fund (a) IN GENERAL.—Not later than 330 days priate Federal agencies to ensure, to the before the beginning of each of calendar maximum extent practicable, an efficient 2046 ...... 15 .75 years 2012 through 2026, the Administrator and effective use of emission allowances (or 2047 ...... 15 .75 shall allocate a quantity of emission allow- proceeds of sale of those emission allow- 2048 ...... 15 .75 ances established pursuant to section 201(a) ances) allocated under this section. 2049 ...... 15 .75 for that calendar year for distribution (e) RETURN OF UNUSED EMISSION ALLOW- 2050 ...... 15 .75. among owners and operators of fossil fuel- ANCES.—Any State receiving emission allow- fired electricity generators in the United ances under this section shall return to the In section 1601(b)(1), strike ‘‘and’’ at the States. Administrator any such emission allowances end. (b) QUANTITIES OF EMISSION ALLOWANCES that the State has failed to use in accord- In section 1601(b)(2)(F), strike the period ALLOCATED.—The quantities of emission al- ance with subsection (d) by not later than 5 and insert ‘‘; and’’. lowances allocated pursuant to subsection years after the date of receipt of the emis- In section 1601(b), add at the end the fol- (a) shall be the quantities specified in the sion allowances from the Administrator. lowing: following table: (f) USE OF RETURNED EMISSION ALLOW- ‘‘(3) provide recommendations for the de- ANCES.—The Administrator shall, in accord- sign and integration of public health systems Allowances ance with subsection (c), distribute any that can recognize and respond to the health for distribu- emission allowances returned to the Admin- effects of climate change, particularly tion among istrator under subsection (e) to States other emerging and reemerging communicable dis- Calendar year fossil fuel- than the State that returned those allow- eases.’’. fired elec- ances to the Administrator. In section 1602, amend the section heading tricity gen- (g) REPORT.— to read as follows: erators (1) IN GENERAL.—A State receiving allow- SEC. 1602. AGENCY RECOMMENDATIONS. (in millions) ances under this section shall annually sub- In section 1602, add at the end the fol- mit to the appropriate committees of Con- lowing: 2012 ...... 713 .8735 gress and the appropriate Federal agencies a (f) RECOMMENDATIONS ON IMPROVING THE 2013 ...... 700 .7704 report describing the purposes for which the PUBLIC HEALTH RESPONSE TO CLIMATE 2014 ...... 687.5436 State has used— CHANGE.—Not later than January 1, 2013, the 2015 ...... 674.4405 (A) the allowances received under this sec- Secretary of Health and Human Services 2016 ...... 648.4032 tion; and shall submit to Congress legislative rec- 2017 ...... 623.0108 (B) the proceeds of the sale by the State of ommendations based in part on the most re- 2018 ...... 582 .9819 allowances received under this section. cent report submitted by the National Acad- 2019 ...... 522 .2118 2020 ...... 451 .9791 (2) DEFINITION.—As used in this subsection, emy of Sciences pursuant to section the term ‘‘the appropriate committees of 1601(b)(3). 2021 ...... 373 .1201 Congress’’ shall include the Committee on In section 1603(b)(4), strike ‘‘and’’ at the 2022 ...... 264.9938 Health, Education, Labor and Pensions of end. 2023 ...... 216.3391 the Senate. In section 1603(b), insert after paragraph (4) 2024 ...... 160.0451 In section 1223(a)(1)(B), insert ‘‘public the following and redesignate accordingly: 2025 ...... 146.4000 health,’’ after ‘‘climate change,’’. ‘‘(5) the Secretary of Health and Human 2026 ...... 32 .8593. In section 1223(b)(1)(A), insert ‘‘public Services; and’’. health,’’ after ‘‘ecosystems,’’. SEC. 552. DISTRIBUTION. In section 1402(c), strike the table and in- SA 4903. Mr. WARNER (for himself, (a) REGULATIONS.—Not later than 2 years sert the following: Mr. LIBERMAN, Mrs. DOLE, and Mrs. after the date of enactment of this Act, the BOXER) submitted an amendment in- Administrator shall promulgate regulations establishing a system for distributing, for Percentage tended to be proposed by him to the for auction bill S. 3036, to direct the Administrator each of calendar years 2012 through 2026, among owners and operators of individual Calendar year for Deficit of the Environment Protection Agency Reduction fossil fuel-fired electricity generators in the Fund to establish a program to decrease United States, the emission allowances allo- emissions of greenhouse gases, and for cated for that year by section 551. 2012 ...... 5 .25 other purposes; which was ordered to On page 195, line 1, strike ‘‘2029’’ and insert 2013 ...... 5 .25 lie on the table; as follows: ‘‘2026’’. 2014 ...... 5 .25 On page 481, strike lines 8 through 13 and Beginning on page 196, strike line 18 and 2015 ...... 6. insert the following: all that follows through page 197, line 8, and 2016 ...... 6.25 (a) DECLARATION.— insert the following: 2017 ...... 6.25 (1) IN GENERAL.—If the President deter- SEC. 561. ALLOCATION. 2018 ...... 6.75 mines that a national security, energy secu- (a) IN GENERAL.—Not later than 330 days 2019 ...... 6.5 rity, or economic security emergency exists, before the beginning of each of calendar 2020 ...... 7 .5 and that it is in the paramount interest of years 2012 through 2026, the Administrator 2021 ...... 8 .75 the United States to modify any requirement shall allocate a quantity of emission allow- 2022 ...... 8 under this Act to minimize the effects of the ances established pursuant to section 201(a) 2023 ...... 9 emergency, the President may make an for that calendar year for distribution 2024 ...... 10 emergency declaration. among owners and operators of entities that 2025 ...... 9 .75 (2) INCREASE IN PRICE OF TRANSPORTATION manufacture petroleum-based liquid or gas- 2026 ...... 11 .75 FUEL.—In making a determination under eous fuel in the United States. 2027 ...... 11 .75 paragraph (1), any increase in the price of (b) QUANTITIES OF EMISSION ALLOWANCES 2028 ...... 11 .75 transportation fuel that the President deter- ALLOCATED.—The quantities of emission al- 2029 ...... 12 .75 mines to be attributable to the implementa- lowances allocated pursuant to subsection 2030 ...... 12 .75 tion of this Act may serve as the basis for an (a) shall be the quantities specified in the 2031 ...... 18 .75 emergency declaration under that paragraph following table: 2032 ...... 16.75 if the increase amounts to a national secu- 2033 ...... 16.75 rity, energy security, or economic security 2034 ...... 15 .75 Allowances emergency, as determined by the President. for refiners 2035 ...... 15 .75 of petro- 2036 ...... 15 .75 SA 4904. Mr. REED (for himself and Calendar year leum-based 2037 ...... 15 .75 Ms. COLLINS) submitted an amendment fuel 2038 ...... 15 .75 intended to be proposed by him to the (in millions) 2039 ...... 15 .75 bill S. 3036, to direct the Administrator 2012 ...... 79 .3193 2040 ...... 15 .75 of the Environmental Protection Agen- 2041 ...... 15 .75 2013 ...... 77 .8634 2042 ...... 15 .75 cy to establish a program to decrease 2014 ...... 76.3937 2043 ...... 15 .75 emissions of greenhouse gases, and for 2015 ...... 74 .9378 2044 ...... 15 .75 other purposes; which was ordered to 2016 ...... 73 .0595 2045 ...... 15 .75 lie on the table; as follows: 2017 ...... 71 .2012

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Allowances Allowances Allowances for refiners for natural- for energy Calendar year gas proc- Calendar year Calendar year of petro- consumers leum-based essors (in millions) fuel (in millions) (in millions) 2025 ...... 351 .3600 2012 ...... 29 .7447 2026 ...... 385 .7400 2018 ...... 33 .7961 2013 ...... 29 .1988 2027 ...... 417 .9000 2019 ...... 32 .1361 2014 ...... 28 .6477 2028 ...... 407 .3000 2020 ...... 30 .1319 2015 ...... 28 .1017 2029 ...... 436.2600 2021 ...... 27 .6385 2016 ...... 27 .3973 2030 ...... 463.2000 2022 ...... 23 .5550 2017 ...... 26.7005 2031 ...... 443 .6250 2018 ...... 25 .3470 2023 ...... 21 .1063 2032 ...... 429 .0000 2019 ...... 24 .1021 2024 ...... 17 .7828 2033 ...... 414 .5000 2020 ...... 22 .5990 2034 ...... 432 .0000 2025 ...... 16.7314 2021 ...... 20 .7289 2035 ...... 416.2050 2026 ...... 5 .7147. 2022 ...... 17 .6663 2036 ...... 400 .5450 2023 ...... 15 .8297 2037 ...... 384 .7500 2024 ...... 13 .3371 Beginning on page 198, strike line 19 and 2038 ...... 369.0900 2025 ...... 12 .5486 all that follows through page 199, line 8, and 2039 ...... 353 .4300 2026 ...... 4 .2860. 2040 ...... 337 .6350 insert the following: 2041 ...... 321 .9750 SEC. 571. ALLOCATION. Beginning on page 202, strike line 24 and 2042 ...... 306.3150 all that follows through the table on page 2043 ...... 290 .5200 (a) IN GENERAL.—Not later than 330 days 203, preceding line 3, and insert the fol- 2044 ...... 274 .8600 before the beginning of each of calendar lowing: 2045 ...... 259 .0650 years 2012 through 2026, the Administrator (c) QUANTITIES OF EMISSION ALLOWANCES 2046 ...... 243 .4050 shall allocate a quantity of emission allow- AUCTIONED.—The quantities of emission al- 2047 ...... 227 .7450 ances established pursuant to section 201(a) lowances allocated for each calendar year 2048 ...... 211 .9500 for that calendar year for distribution pursuant to subsection (a) shall be the quan- 2049 ...... 196.2900 among owners and operators of— tities specified in the following table: 2050 ...... 180 .4950. (1) natural gas processing plants in the United States (other than in the State of Allowances Beginning on page 204, strike line 22 and all that follows through page 206, line 21, and Alaska); Calendar year for energy (2) entities that produce natural gas in the consumers insert the following: (in millions) State of Alaska or the Federal waters of the SEC. 601. ASSISTING ENERGY CONSUMERS THROUGH LOCAL DISTRIBUTION EN- outer Continental Shelf off the coast of that 2012 ...... 202 .1250 State; and TITIES, LIHEAP PROGRAM, AND 2013 ...... 212 .5875 WEATHERIZATION ASSISTANCE PRO- (3) entities that hold title to natural gas, 2014 ...... 208 .5750 GRAM. including liquefied natural gas, or natural- 2015 ...... 218 .2400 (a) ALLOCATION AND RESERVATION.— gas liquid at the time of importation into 2016 ...... 227 .3325 (1) LDC ALLOCATION.—Not later than 330 the United States. 2017 ...... 235 .9350 days before the beginning of each of calendar (b) QUANTITIES OF EMISSION ALLOWANCES 2018 ...... 256.8500 years 2012 through 2050, the Administrator 2019 ...... 301 .8000 ALLOCATED.—The quantities of emission al- shall allocate among local distribution com- 2020 ...... 295 .4400 lowances allocated pursuant to subsection panies and natural gas local distribution 2021 ...... 289 .0200 companies the quantities of emission allow- (a) shall be the quantities specified in the 2022 ...... 329 .7700 ances established pursuant to section 201(a) following table: 2023 ...... 322 .3500 for the calendar year for local distribution 2024 ...... 359 .8400 companies as specified in the following table:

Allowances Allowances for LDC’s for LDC’s Calendar year electricity natural gas (in millions) (in millions)

2012 ...... 548.6250 187 .6875 2013 ...... 552.7275 184 .2425 2014 ...... 542.2950 180 .7650 2015 ...... 531.9600 177 .3200 2016 ...... 521.5275 173 .8425 2017 ...... 511.1925 170 .3975 2018 ...... 500.8575 166 .9525 2019 ...... 490.4250 163.4750 2020 ...... 480.0900 160.0300 2021 ...... 469.6575 156.5525 2022 ...... 459.3225 153 .1075 2023 ...... 448.9875 149 .6625 2024 ...... 438.5550 146.1850 2025 ...... 428.2200 142 .7400 2026 ...... 428.6000 150 .0100 2027 ...... 410.1611 143 .5564 2028 ...... 392.2148 137 .2752 2029 ...... 345.1889 120 .8161 2030 ...... 328.8148 115 .0852 2031 ...... 319.4100 70 .9800 2032 ...... 308.8800 68.6400 2033 ...... 298.4400 66 .3200 2034 ...... 288.0000 64.0000 2035 ...... 277.4700 61.6600 2036 ...... 267.0300 59 .3400 2037 ...... 256.5000 57 .0000 2038 ...... 246.0600 54 .6800 2039 ...... 235.6200 52 .3600 2040 ...... 225.0900 50 .0200 2041 ...... 214.6500 47 .7000 2042 ...... 204.2100 45 .3800 2043 ...... 193.6800 43 .0400

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Allowances Allowances for LDC’s for LDC’s Calendar year electricity natural gas (in millions) (in millions)

2044 ...... 183.2400 40 .7200 2045 ...... 172.7100 38 .3800 2046 ...... 162.2700 36.0600 2047 ...... 151.8300 33 .7400 2048 ...... 141.3000 31 .4000 2049 ...... 130.8600 29 .0800 2050 ...... 120.3300 26.7400.

(2) LIHEAP/WAP RESERVATION.—Not later under the Low-Income Home Energy Assist- Production Act (42 U.S.C. 6861 et seq.) the than 330 days before the beginning of each of ance Act of 1981 (42 U.S.C. 8621 et seq.), and quantities of emission allowances estab- calendar years 2012 through 2050, the Admin- the Weatherization Assistance Program for lished pursuant to section 201(a) for the cal- istrator shall reserve for the low-income Low-Income Persons established under part endar year for local distribution companies home energy assistance program established A of title IV of the Energy Conservation and as specified in the following table:

Allowances Allowances for Weather- Calendar year for LIHEAP ization Pro- (in millions) gram (in mil- lions)

2012 ...... 259.8750 115 .5000 2013 ...... 255.1050 113 .3800 2014 ...... 250.2900 111 .2400 2015 ...... 245.5200 109 .1200 2016 ...... 240.7050 106 .9800 2017 ...... 235.9350 104 .8600 2018 ...... 231.1650 102 .7400 2019 ...... 226.3500 100 .6000 2020 ...... 221.5800 98 .4800 2021 ...... 216.7650 96.3400 2022 ...... 211.9950 94 .2200 2023 ...... 207.2250 92 .1000 2024 ...... 202.4100 89 .9600 2025 ...... 197.6400 87 .8400 2026 ...... 192.8700 85 .7200 2027 ...... 188.0550 83 .5800 2028 ...... 183.2850 81 .4600 2029 ...... 178.4700 79 .3200 2030 ...... 173.7000 77 .2000 2031 ...... 133.0875 8 .8725 2032 ...... 128.7000 8 .5800 2033 ...... 124.3500 8 .2900 2034 ...... 120.0000 8 .0000 2035 ...... 115.6125 7 .7075 2036 ...... 111.2625 7 .4175 2037 ...... 106.8750 7 .1250 2038 ...... 102.5250 6.8350 2039 ...... 98.1750 6.5450 2040 ...... 93.7875 6.2525 2041 ...... 89.4375 5 .9625 2042 ...... 85.0875 5 .6725 2043 ...... 80.7000 5 .3800 2044 ...... 76.3500 5 .0900 2045 ...... 71.9625 4 .7975 2046 ...... 67.6125 4 .5075 2047 ...... 63.2625 4 .2175 2048 ...... 58.8750 3 .9250 2049 ...... 54.5250 3 .6350 2050 ...... 50.1375 3 .3425.

(b) DISTRIBUTION.— On page 207, between lines 21 and 22, insert 1981 (42 U.S.C. 8621 et seq.) and the Weather- (1) LOCAL DISTRIBUTION ENTITIES.— the following: ization Assistance Program for Low-Income (A) IN GENERAL.—For each calendar year, (2) DISTRIBUTION TO LIHEAP AND WAP.—With Persons established under part A of title IV the emission allowances allocated under sub- respect to the allowances reserved under sub- of the Energy Conservation and Production section (a) for local distribution entities section (a)(2) for the low-income home en- Act (42 U.S.C. 6861 et seq.) to the Secretary shall be distributed by the Administrator to ergy assistance program established under of Health and Human Services and the Sec- each local distribution entity based on the the Low-Income Home Energy Assistance retary of Energy, respectively, for use in car- proportion that— Act of 1981 (42 U.S.C. 8621 et seq.), and the rying out those programs. Weatherization Assistance Program for Low- On page 206, strike line 22 and insert the Beginning on page 210, strike line 22 and Income Persons established under part A of following: all that follows through page 211, line 3. (i) the quantity of electricity or natural title IV of the Energy Conservation and Pro- duction Act (42 U.S.C. 6861 et seq.), as speci- On page 211, line 4, strike ‘‘(IV)’’ and insert On page 207, strike line 7 and insert the fol- fied in the table contained in subsection ‘‘(II)’’. lowing: (a)(2), the Administrator shall— On page 211, strike lines 10 and 11 and in- (ii) the total quantity of electricity or nat- (A) auction the allowances in accordance sert the following: On page 207, strike line 15 and insert the with the procedures described in section (III) includes energy efficiency and other following: 582(b); and pro- (B) BASIS.—The Administrator shall base (B) transfer the proceeds of the auctions of the the allowances for low-income home energy Beginning on page 211, strike line 18 and On page 207, line 18, strike ‘‘paragraph (1)’’ assistance program established under the all that follows through page 212, line 14, and and insert ‘‘subparagraph (A)’’. Low-Income Home Energy Assistance Act of insert the following:

VerDate Aug 31 2005 05:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.123 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5265 (C) DEVELOPMENT.—A local distribution en- was ordered to lie on the table; as fol- (xi) the transportation control measures tity may develop an assistance program lows: described in section 211 of the Clean Air Act under this paragraph— (42 U.S.C. 7545). Strike section 611 and insert the following: (i) in consultation with appropriate State (2) TRANSPORTATION CARBON REDUCTION regulatory authorities; or SEC. 611. TRANSPORTATION ALTERNATIVES. PLANS.—A State or metropolitan planning (ii) for the purpose of supplementing an ex- (a) ESTABLISHMENT OF FUND.—There is es- organization shall submit to the Adminis- isting low-income consumer assistance plan tablished in the Treasury of the United trator and the Secretary— of the entity. States a fund, to be known as the ‘‘Transpor- (A) by not later than December 31, 2012, a On page 214, line 5, strike ‘‘issuing rebates’’ tation Alternatives Fund’’ (referred to in transportation carbon reduction plan devel- and insert ‘‘creating incentive programs’’. this section as the ‘‘Fund’’). oped under paragraph (1)(B); and Beginning on page 214, strike line 14 and (b) AUCTIONS.— (B) every 3 years thereafter, any updates to all that follows through page 215, line 9, and (1) IN GENERAL.—For each of calendar years that plan, as necessary. insert the following: 2012 through 2050, the Administrator shall (3) COORDINATION.—A State or metropoli- (B) MINIMUM PERCENTAGE REQUIREMENT.— auction, for the purpose of raising funds to tan planning organization shall develop the Each local distribution entity shall use not deposit in the Fund, 10 percent of the emis- plan required under this section in coordina- less than 30 percent of the proceeds of from sion allowances established pursuant to sec- tion with, as applicable— the sale of emission allowances under para- tion 201(a) for each calendar year, in accord- (A) the public and stakeholders, including graph (1) to benefit low-income residential ance with paragraph (2). by providing— energy consumers. (2) NUMBER; FREQUENCY.—For each cal- (i) periods for public comment; On page 216, line 12, strike ‘‘rebates’’ and endar year during the period described in (ii) exercises involving identifying and pro- insert ‘‘incentives’’. paragraph (1), the Administrator shall— jecting forward trends to examine possible (A) conduct not fewer than 4 auctions; and future developments that could impact driv- SA 4905. Mr. CARPER (for himself (B) schedule the auctions in a manner to ing trends and carbon emissions from the transportation sector; and Mr. LAUTENBERG) submitted an ensure that— (i) each auction takes place during the pe- (iii) access to latest models; and amendment intended to be proposed to (iv) multiday, open, collaborative design amendment SA 4825 proposed by Mrs. riod beginning 330 days before, and ending 60 days before, the beginning of each calendar sessions that include stakeholders and the BOXER (for herself, Mr. WARNER, and year; and public in a collaborative process with a se- Mr. LIEBERMAN) to the bill S. 3036, to (ii) the interval between each auction is of ries of short feedback loops to produce 1 or direct the Administrator of the Envi- equal duration. more feasible plans under this section; (B) each other State or metropolitan plan- ronmental Protection Agency to estab- (c) GRANTS.—The Secretary of Transpor- lish a program to decrease emissions of tation (referred to in this section as the ning organization subject to the jurisdiction of the State or metropolitan planning orga- greenhouse gases, and for other pur- ‘‘Secretary’’) shall use amounts in the Fund to provide grants to States and metropolitan nization; and poses; which was ordered to lie on the (C) State and local housing, economic de- table; as follows: planning organizations for use in accordance with this section. velopment, and land use agencies. On page 352, between lines 16 and 17, insert (4) CERTIFICATION.—Not later than 180 days (d) USE OF FUNDS.— the following: after the date of receipt of a transportation (1) PLANNING.—To be eligible to receive a carbon reduction plan under paragraph (2), Subtitle E–Intercity Passenger Rail Service grant under this section, a State or metro- the Administrator and Secretary shall— Enhancement politan planning organization shall— (A) review the plan; and (A) establish as a goal the reduction of SEC. 1151. INTERCITY PASSENGER RAIL FUND. (B) certify that the plan is likely to greenhouse gas emissions from the transpor- (a) ESTABLISHMENT OF FUND.—There is es- achieve the goal described in paragraph tation sector during the 10-year period begin- tablished in the Treasury a Fund to be (1)(A). ning on the date of enactment of this Act by known as the ‘‘Inter-city Passenger Rail (e) DISTRIBUTION OF FUNDS.—The Sec- Fund’’. reducing vehicle miles traveled in the juris- retary, in coordination with the Adminis- (b) AUCTIONS.—Annually over the course of dictions of the States and metropolitan plan- trator, shall establish a formula for the dis- at least 4 auctions spaced evenly over a pe- ning organizations; and tribution of grants under this section that— riod beginning 330 days before, and ending 60 (B) carry out activities to achieve that (1) reflects— days after, the beginning of each calendar goal through the integration into the long- (A) the quantity of carbon reduction ex- year from 2012 through 2050, the Adminis- term transportation plans of the State or pected by each plan; and trator, for the purpose of raising funds to de- metropolitan planning organization of a (B) the cost-per-ton of those reductions; posit into the Intercity Passenger Rail Fund, verifiable transportation carbon reduction (2) ensures that at least 50 percent of shall auction .5 percent of the emission al- plan that includes investment in— amounts in the Fund are used to implement lowances established for that year pursuant (i) new or expanded transit projects eligi- plans developed by metropolitan planning to subsection (a) of section 201. ble for assistance under chapter 53 of title 49, organizations; and (c) USE OF THE FUND.—The Fund shall in- United States Code; (3) provides early action credits for States vest in capital projects of the National Rail- (ii) new or expanded intercity passenger and regions that implement plans to reduce road Passenger Corporation, States, and lo- rail service, including the development of carbon from the transportation sector by re- calities— intercity corridor service, elimination of rail ducing vehicle miles traveled prior to par- (1) to develop and expand Amtrak routes capacity restrictions, purchase of rolling ticipation in the program under this section. and corridors throughout the United States; stock, and provision of more reliable and (f) NON-FEDERAL SHARE.—The non-Federal (2) to construct, purchase, replace, or im- convenient intercity rail passenger service; share of the cost of an activity carried out prove passenger rail-related infrastructure, (iii) sidewalks, crosswalks, bicycle paths, under a plan under this section shall be 20 including locomotives, rolling stock, sta- pedestrian signals, pavement marking, traf- percent. tions and facilities; fic calming techniques, modification of pub- (g) STUDY.—Not later than 1 year after the (3) to improve or expand passenger rail lic sidewalks to achieve compliance with the date of enactment of this Act, to maximize service and infrastructure capacity; and Americans with Disabilities Act of 1990 (42 greenhouse gas emission reductions from the (4) to promote or improve intercity rail U.S.C. 12101 et seq.), and other strategies to transportation sector— passenger service reliability, convenience, encourage pedestrian and bike travel; (1) the National Academy of Sciences and on-time performance. (iv) infill, transit-oriented, or mixed-use Transportation Research Board shall submit (d) TREATMENT OF AMOUNTS IN THE FUND.— development; to the Administrator and the Secretary a re- Amounts in the Fund— (v) intermodal facilities, additional freight port containing recommendations for im- (1) may be used only for the purposes de- rail, or multimodal freight capacity; proving research and tools to assess the ef- scribed in this section; (vi) carpool or vanpool projects; fect of transportation plans and land use (2) shall be in addition to the amounts (vii) updates to zoning and other land use plans on motor vehicle usage rates and made available through any other appropria- regulations; transportation sector greenhouse gas emis- tions for any fiscal year, and (viii) transportation and land-use scenario sions; and (3) shall remain available until expended. analyses and stakeholder engagement to sup- (2) the Comptroller General of the United port development of integrated transpor- States shall submit to the Administrator SA 4906. Mr. CARPER submitted an tation plans; and the Secretary a report describing any amendment intended to be proposed by (ix) improvements in travel and land-use shortcomings of current Federal Government him to the bill S. 3036, to direct the Ad- data collection and in travel models to bet- data sources necessary— ter measure greenhouse gas emissions and (A) to assess greenhouse gas emissions ministrator of the Environmental Pro- emissions reductions; from the transportation sector; and tection Agency to establish a program (x) updates to land use plans to coordinate (B) to establish plans and policies to effec- to decrease emissions of greenhouse with local, regional, and State vehicle miles tively reduce greenhouse gas emissions from gases, and for other purposes; which traveled reduction plans; and the transportation sector.

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(h) TECHNICAL STANDARDS.—Not later than section (a), with respect to fossil fuel-fired ‘‘(i) more than 1⁄3 of the potential electric 2 years after the date of enactment of this electric generators, the Administrator shall output capacity of the facility; and Act, based on any recommendations con- base the system on the annual quantity of ‘‘(ii) more than 219,000 megawatt-hours of tained in the reports submitted under sub- electricity generated by each fossil fuel-fired electrical output. section (g)(1), the Administrator and the electric generator during the most recent 3- ‘‘(3) FOSSIL FUEL-FIRED.—The term ‘fossil Secretary shall promulgate standards for calendar year period for which data are fuel-fired’, with respect to an electric gener- transportation data collection, monitoring, available, updated each calendar year and ating facility, means the combustion of fos- planning, and modeling. measured in megawatt hours. sil fuel by the electric generating facility, (i) REPORT.—Not later than December 31, (B) NEW ELECTRIC GENERATING ENTRANTS.— alone or in combination with any other fuel, 2015, and every 3 years thereafter, the Ad- In establishing the system under subsection in any case in which the fossil fuel com- ministrator shall submit to the appropriate (a), with respect to new electric generating busted comprises, or is projected to com- committees of Congress a report describing— entrants, the Administrator shall— prise, more than 20 percent of the annual (1) the aggregate reduction in carbon emis- (i) for each of calendar years 2012 through heat input of the electric generating facility, sions from transportation expected based on 2030, provide for the allocation of a percent- on a Btu basis, during any calendar year. plans under this section; age of the emission allowances allocated by ‘‘(4) NEW UNIT.—The term ‘new unit’ means (2) changes to Federal law that could im- section 551 to new electric generating en- an affected unit that— prove the performance of the plans; and trants; and ‘‘(A) has operated for not more than 3 (3) regulatory changes planned to improve (ii) base the system on projections of elec- years; and the performance of the plans. tricity output from each new electric gener- ‘‘(B) is not eligible to receive nitrogen SA 4907. Mr. CARPER (for himself, ating entrant. oxide allowances under section 703(c)(2). (3) SENSE OF SENATE REGARDING FUTURE AL- ‘‘(5) NITROGEN OXIDE ALLOWANCE.—The Mr. GREGG, Mrs. FEINSTEIN, Ms. COL- LOCATIONS.—It is the sense of the Senate that term ‘nitrogen oxide allowance’ means an LINS, and Mr. SUNUNU) submitted an if the Administrator establishes a cap and authorization allocated by the Adminis- amendment intended to be proposed by trade program for any additional pollutant trator under this title to emit 1 ton of nitro- him to the bill S. 3036, to direct the Ad- for electric generating facilities, the alloca- gen oxides during or after a specified cal- ministrator of the Environmental Pro- tion methodology for the program should be endar year. tection Agency to establish a program based on the annual quantity of electricity ‘‘SEC. 702. NATIONAL POLLUTANT TONNAGE LIMI- to decrease emissions of greenhouse generated by the electric generating facility TATIONS. gases, and for other purposes; which during the most recent 3-calendar year pe- ‘‘(a) SULFUR DIOXIDE.—The annual tonnage was ordered to lie on the table; as fol- riod for which data are available, updated limitation for emissions of sulfur dioxide lows: each calendar year and measured in mega- from affected units in the United States watt hours. In section 552, strike subsection (b) and in- shall be equal to— ‘‘(1) for each of calendar years 2012 through sert the following: Mr. CARPER (for himself, (b) CALCULATION.— SA 4908. 2015, 3,500,000 tons; and (1) DEFINITIONS.—In this subsection: Mr. ALEXANDER, Mrs. BOXER, Mr. COL- ‘‘(2) for calendar year 2016 and each cal- (A) FOSSIL FUEL-FIRED ELECTRIC GENER- LINS, Mr. BIDEN, Mr. GREGG, Mr. endar year thereafter, 2,000,000 tons. ATOR.—The term ‘‘fossil fuel-fired electric CARDIN, Mr. SUNUNU, and Mr. ‘‘(b) NITROGEN OXIDES.— generator’’ means any electric generating fa- LIEBERMAN) submitted an amendment ‘‘(1) DEFINITIONS.—In this subsection: cility that— intended to be proposed by him to the ‘‘(A) ZONE 1 STATE.—The term ‘Zone 1 (i) combusts fossil fuel, alone or in com- bill S. 3036, to direct the Administrator State’ means the District of Columbia or any bination with any other fuel, in any case in of the States of Alabama, Arkansas, Con- which the quantity of fossil fuel combusted of the Environmental Protection Agen- necticut, Delaware, Florida, Georgia, Illi- comprises, or is projected to comprise, more cy to establish a program to decrease nois, Indiana, Iowa, Kentucky, Louisiana, than 20 percent of the annual heat input of emissions of greenhouse gases, and for Maine, Maryland, Massachusetts, Michigan, the electric generating facility, on a Btu other purposes; which was ordered to Minnesota, Mississippi, Missouri, New Hamp- basis, during any calendar year; and lie on the table; as follows: shire, New Jersey, New York, North Caro- (ii) has commenced operation prior to the At the end of subtitle F of title XVII, add lina, Ohio, Pennsylvania, Rhode Island, date of enactment of this Act. the following: South Carolina, Tennessee, Texas, Vermont, (B) INCREMENTAL NUCLEAR GENERATION.— Virginia, West Virginia, and Wisconsin. SEC. 1752. INTEGRATED AIR QUALITY PLANNING The term ‘‘incremental nuclear generation’’ ‘‘(B) ZONE 2 STATE.—The term ‘Zone 2 FOR THE ELECTRIC GENERATING means, as determined by the Administrator SECTOR. State’ means any State within the 48 contig- and measured in megawatt hours, the dif- The Clean Air Act (42 U.S.C. 7401 et seq.) is uous States that is not a Zone 1 State. ference between— amended by adding at the end the following: ‘‘(2) APPLICABILITY.— (i) the quantity of electricity generated by ‘‘(A) ZONE 1 PROHIBITION.— a nuclear generating unit during a calendar ‘‘TITLE VII—INTEGRATED AIR QUALITY ‘‘(i) IN GENERAL.—Beginning on January 1, year; and PLANNING FOR THE ELECTRIC GENER- 2012, it shall be unlawful for an affected unit (ii) the quantity of electricity generated ATING SECTOR in a Zone 1 State to emit a total quantity of by the nuclear generating unit during the ‘‘SEC. 701. DEFINITIONS. nitrogen oxides during a year in excess of the calendar year of enactment of this Act. ‘‘In this title: number of nitrogen oxide allowances held for (C) NEW ELECTRIC GENERATING ENTRANT.— ‘‘(1) AFFECTED UNIT.— the affected unit for that year by the owner The term ‘‘new electric generating entrant’’ ‘‘(A) MERCURY.—The term ‘affected unit’, or operator of the affected unit. means— with respect to mercury, means a coal-fired ‘‘(ii) LIMITATION.—Only nitrogen oxide al- (i) a fossil fuel-fired electric generator electric generating facility (including a co- lowances allocated under paragraph (3)(A) that— generation facility) that— shall be used to meet the requirement of (I) has a nameplate capacity of greater ‘‘(i) on or after January 1, 1985, served as a clause (i). than 25 megawatts; generator with a nameplate capacity greater ‘‘(B) ZONE 2 PROHIBITION.— (II) produces electricity for sale; and than 25 megawatts; and ‘‘(i) IN GENERAL.—Beginning on January 1, (III) commences operation after the date of ‘‘(ii) produces electricity for sale. 2012, it shall be unlawful for an affected unit enactment of this Act; ‘‘(B) NITROGEN OXIDES.—The term ‘affected in a Zone 2 State to emit a total quantity of (ii) with respect to incremental nuclear unit’, with respect to nitrogen oxides, means nitrogen oxides during a year in excess of the generation, a nuclear generating facility a fossil fuel-fired electric generating facility number of nitrogen oxide allowances held for that uses nuclear energy to produce elec- (including a cogeneration facility) that— the affected unit for that year by the owner tricity for sale; and ‘‘(i) on or after January 1, 1985, served as a or operator of the affected unit. (iii) a renewable energy unit that— generator with a nameplate capacity greater ‘‘(ii) LIMITATION.—Only nitrogen oxide al- (I) produces electricity for sale; and than 25 megawatts; and lowances allocated under paragraph (3)(B) (II) commences operation after the date of ‘‘(ii) produces electricity for sale. shall be used to meet the requirement of enactment of this Act. ‘‘(C) SULFUR DIOXIDE.—The term ‘affected clause (i). (D) RENEWABLE ENERGY UNIT.—The term unit’, with respect to sulfur dioxide, has the ‘‘(3) LIMITATIONS ON TOTAL EMISSIONS.— ‘‘renewable energy unit’’ means an electric meaning given the term in section 402. ‘‘(A) ZONE 1 LIMITATIONS.—Not later than generating facility that uses solar energy, ‘‘(2) COGENERATION FACILITY.—The term 330 days before the beginning of calendar wind, incremental hydropower, biomass, ‘cogeneration facility’ means a facility year 2012 and each calendar year thereafter, landfill gas, livestock methane, ocean waves, that— the Administrator shall allocate allowances geothermal energy, or fuel cells powered ‘‘(A) cogenerates— for emissions of nitrogen oxides from af- with a renewable energy source. ‘‘(i) steam; and fected units in the Zone 1 States in an an- (2) ALLOCATION METHODOLOGY.— ‘‘(ii) electricity; and nual tonnage limitation equal to— (A) FOSSIL FUEL-FIRED ELECTRIC GENERA- ‘‘(B) supplies, on a net annual basis, to any ‘‘(i) for each of calendar years 2012 through TORS.—In establishing the system under sub- utility power distribution system for sale— 2015, 1,390,000 tons; and

VerDate Aug 31 2005 05:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.134 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5267 ‘‘(ii) for calendar year 2016 and each cal- unit for the calendar year shall be considered ‘‘(A) the number of allowances allocated to endar year thereafter, 1,300,000 tons. to be a separate violation of the applicable each affected unit for the calendar year; ‘‘(B) ZONE 2 LIMITATIONS.—Not later than limitation under this title. bears to 330 days before the beginning of calendar ‘‘(g) EFFECT ON EXISTING LAW AND REGULA- ‘‘(B) the number of allowances allocated to year 2012 and each calendar year thereafter, TIONS.— all affected units for the calendar year. the Administrator shall allocate allowances ‘‘(1) IN GENERAL.—Except as expressly pro- ‘‘(c) NITROGEN OXIDE ALLOCATIONS.— for emissions of nitrogen oxides from af- vided in this title, nothing in this title— ‘‘(1) TIMING OF ALLOCATIONS.—Not later fected units in the Zone 2 States in an an- ‘‘(A) limits or otherwise affects the appli- than 330 days before the beginning of cal- nual tonnage limitation equal to— cation of any other provision of this Act or endar year 2012 and each calendar year there- ‘‘(i) for each of calendar years 2012 through any regulation promulgated by the Adminis- after, the Administrator shall allocate nitro- 2015, 400,000 tons; and trator under this Act; or gen oxide allowances to affected units. ‘‘(ii) for calendar year 2016 and each cal- ‘‘(B) precludes a State from adopting and ‘‘(2) ALLOCATIONS TO AFFECTED UNITS THAT enforcing any requirement for the control of endar year thereafter, 320,000 tons. ARE NOT NEW UNITS.—Not later than 2 years ‘‘(c) MERCURY.—The emission of mercury emissions of air pollutants that is more after the date of enactment of this title, the from affected units shall be limited in ac- stringent than the requirements imposed Administrator shall promulgate regulations cordance with section 704. under this title. to establish a methodology for allocating ni- ‘‘(d) REVIEW OF ANNUAL TONNAGE LIMITA- ‘‘(2) EXCEPTION.—Notwithstanding para- trogen oxide allowances to— TIONS AND MERCURY EMISSIONS REQUIRE- graph (1)— ‘‘(A) each affected unit in a Zone 1 State MENTS.— ‘‘(A) the provisions of the rule promulgated that is not a new unit; and ‘‘(1) DETERMINATION BY ADMINISTRATOR.— by the Administrator known as the ‘Clean ‘‘(B) each affected unit in a Zone 2 State Not later than 10 years after the date of en- Air Interstate Rule’ (70 Fed. Reg. 25162 (May that is not a new unit. actment of this title and every 10 years 12, 2005)) (or any successor regulation) pro- ‘‘(3) QUANTITY TO BE ALLOCATED.— thereafter, the Administrator shall deter- viding for the establishment of an annual ‘‘(A) ZONE 1 STATES.—For each calendar mine— emissions cap and allowance trading pro- year, the quantity of nitrogen oxide allow- ‘‘(A) after considering impacts on human gram for oxides of nitrogen and sulfur diox- ances allocated under paragraph (2)(A) to af- health, the environment, the economy, and ide shall terminate on January 1, 2012; but fected units that are not new units shall be costs, whether 1 or more of the annual ton- ‘‘(B) any provision of the rule described in equal to the difference between— nage limitations should be revised; and subparagraph (A) (or a successor regulation) ‘‘(i) the annual tonnage limitation for ‘‘(B) whether the mercury emission re- relating to the establishment of a seasonal emissions of nitrogen oxides from affected quirements under section 704 should be re- ozone pollutant cap-and-trade program for units specified in section 702(b)(3)(A) for the vised in accordance with the risk standards nitrogen oxides shall remain in full force and calendar year; and described in section 112(f)(2). effect. ‘‘(ii) the quantity of nitrogen oxide allow- ‘‘(2) DETERMINATION NOT TO REVISE.—If the ‘‘SEC. 703. NITROGEN OXIDE TRADING PROGRAM. ances placed in the new unit reserve estab- Administrator determines under paragraph ‘‘(a) REGULATIONS.— lished under subsection (b) for the calendar (1) that no annual tonnage limitation or ‘‘(1) IN GENERAL.—Not later than 2 years year. mercury emission requirement should be re- after the date of enactment of this title, the ‘‘(B) ZONE 2 STATES.—For each calendar vised, the Administrator shall publish in the Administrator shall promulgate regulations year, the quantity of nitrogen oxide allow- Federal Register— to establish for affected units in the United ances allocated under paragraph (2)(B) to af- ‘‘(A) a notice of the determination; and States a nitrogen oxide allowance trading fected units that are not new units shall be ‘‘(B) the reasons for the determination. program. equal to the difference between— ‘‘(3) DETERMINATION TO REVISE.—If the Ad- ‘‘(2) REQUIREMENTS.—Regulations promul- ‘‘(i) the annual tonnage limitation for ministrator determines under paragraph (1) gated under paragraph (1) shall establish re- emissions of nitrogen oxides from affected that 1 or more of the annual tonnage limita- quirements for the allowance trading pro- units specified in section 702(b)(3)(B) for the tions or mercury emissions requirements gram under this section, including require- calendar year; and should be revised, the Administrator shall ments concerning— ‘‘(ii) the quantity of nitrogen oxide allow- publish in the Federal Register— ‘‘(A)(i) the generation, allocation, ances placed in the new unit reserve estab- ‘‘(A) not later than 10 years and 180 days issuance, recording, tracking, transfer, and lished under subsection (b) for the calendar after the date of enactment of this title, pro- use of nitrogen oxide allowances; and year. posed regulations implementing the revi- ‘‘(ii) the public availability of all informa- ‘‘(4) ADJUSTMENT OF ALLOCATIONS.—If, for sions; and tion concerning the activities described in any calendar year, the total quantities of al- ‘‘(B) not later than 11 years and 180 days clause (i) that is not confidential; lowances allocated under paragraph (2) are after the date of enactment of this title, ‘‘(B) compliance with subsection (e)(1); not equal to the applicable quantities deter- final regulations implementing the revi- ‘‘(C) the monitoring and reporting of emis- mined under paragraph (3), the Adminis- sions. sions under paragraphs (2) and (3) of sub- trator shall adjust the quantities of allow- ‘‘(4) ADMINISTRATION.—The duty of the Ad- section (e); and ances allocated to affected units that are not ministrator to make a determination under ‘‘(D) excess emission penalties under sub- new units on a pro-rata basis so that the paragraph (1) shall be— section (e)(4). quantities are equal to the applicable quan- ‘‘(A) considered to be a nondiscretionary ‘‘(3) MIXED FUEL, COGENERATION FACILITIES tities determined under paragraph (3). duty; AND COMBINED HEAT AND POWER FACILITIES.— ‘‘(5) ALLOCATION TO NEW UNITS.— ‘‘(B) enforceable through a citizen suit The Administrator shall promulgate such ‘‘(A) METHODOLOGY.—Not later than 2 years under section 304; and regulations as the Administrator determines after the date of enactment of this title, the ‘‘(C) subject to rulemaking procedures and to be necessary to ensure the equitable Administrator shall promulgate regulations judicial review under section 307. issuance of allowances to— to establish a methodology for allocating ni- ‘‘(5) REQUIREMENT.—No revision of an an- ‘‘(A) facilities that use more than 1 energy trogen oxide allowances to new units. nual tonnage limitation or mercury emission source to produce electricity; and ‘‘(B) QUANTITY OF NITROGEN OXIDE ALLOW- requirement under this subsection shall re- ‘‘(B) facilities that produce electricity in ANCES ALLOCATED.—The Administrator shall sult in a limitation or emission requirement addition to another service or product. determine the quantity of nitrogen oxide al- that is less stringent than an existing appli- ‘‘(b) NEW UNIT RESERVES.— lowances to be allocated to each new unit cable requirement under this title. ‘‘(1) ESTABLISHMENT.—For each calendar based on the projected emissions from the ‘‘(e) REDUCTION OF EMISSIONS FROM SPECI- year, based on projections of electricity out- new unit. FIED AFFECTED UNITS.—Notwithstanding the put from new units, the Administrator, in annual tonnage limitations and mercury consultation with the Secretary of Energy, ‘‘(6) ALLOWANCE NOT A PROPERTY RIGHT.—A emissions requirements established under shall by regulation establish a reserve of ni- nitrogen oxide allowance— this section, the Federal Government or a trogen oxide allowances to be set aside for ‘‘(A) is not a property right; and State government may require that emis- use by new units in Zone 1 States, and a re- ‘‘(B) may be terminated or limited by the sions from a specified affected unit be re- serve of nitrogen oxide allowances to be set Administrator. duced. aside for use by new units in Zone 2 States, ‘‘(7) NO JUDICIAL REVIEW.—An allocation of ‘‘(f) GENERAL ENFORCEMENT.— that is not less than 5 percent of the total al- nitrogen allowances by the Administrator ‘‘(1) IN GENERAL.—It shall be unlawful for lowances allocated to affected units for the under this subsection shall not be subject to any individual or entity subject to this title calendar year. judicial review. to violate any requirement or prohibition ‘‘(2) UNUSED ALLOWANCES.—Not later than ‘‘(d) NITROGEN OXIDE ALLOWANCE TRANSFER under this title. 330 days before the beginning of calendar SYSTEM.— ‘‘(2) TREATMENT OF EXCESS EMISSIONS.—In year 2012 and each calendar year thereafter, ‘‘(1) USE OF ALLOWANCES.—The regulations calculating any penalty for violation of this the Administrator shall reallocate, to all af- promulgated under subsection (a)(1) shall— title, each ton of emissions of sulfur dioxide, fected units, any unused nitrogen oxide al- ‘‘(A) prohibit the use (but not the transfer nitrogen oxides, or mercury emitted by a lowances from the new unit reserve estab- in accordance with paragraph (3)) of any ni- covered unit during a calendar year in excess lished under paragraph (1) in the proportion trogen oxide allowance before the calendar of the allowances held for use by the covered that— year for which the allowance is allocated;

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‘‘(B) provide that unused nitrogen oxide al- ‘‘(B) DETERMINATION OF EXCESS EMISSION port on the monitoring of emissions of mer- lowances may be carried forward and added PENALTY.—The excess emission penalty for cury carried out by the owner or operator in to nitrogen oxide allowances allocated for nitrogen oxides shall be equal to the product accordance with the regulations promul- subsequent years; and obtained by multiplying— gated under subsection (e). ‘‘(C) provide that unused nitrogen oxide al- ‘‘(i) the number of tons of nitrogen oxides ‘‘(2) AUTHORIZATION.—Each report sub- lowances may be transferred by— emitted in excess of the total quantity of ni- mitted under paragraph (1) shall be author- ‘‘(i) the person to which the allowances are trogen oxide allowances held; and ized by a responsible official of the affected allocated; or ‘‘(ii) 2 times the average price of a nitrogen unit, who shall certify the accuracy of the ‘‘(ii) any person to which the allowances oxide allowance for the Zone and calendar report. are transferred. year in which the excess emissions occurred, ‘‘(3) PUBLIC REPORTING.—The Adminis- ‘‘(2) USE BY PERSONS TO WHICH ALLOWANCES as determined by the Administrator. trator shall make available to the public, ARE TRANSFERRED.—Any person to which ni- ‘‘(C) TREATMENT.—An excess emission pen- through 1 or more published reports and 1 or trogen oxide allowances are transferred alty under subparagraph (A)(i)— more forms of electronic media, data con- under paragraph (1)(C)— ‘‘(i) shall be due and payable without de- cerning the emission of mercury from each ‘‘(A) may use the nitrogen oxide allow- mand to the Administrator, in accordance affected unit. ances in the calendar year for which the ni- with applicable regulations promulgated by ‘‘(g) EXCESS EMISSIONS.— trogen oxide allowances were allocated, or in the Administrator, by not later than 18 ‘‘(1) IN GENERAL.—The owner or operator of a subsequent calendar year, to demonstrate months after the date of enactment of the an affected unit that emits mercury in ex- compliance with subsection (e)(1); or Lieberman-Warner Climate Security Act of cess of the emission limitation described in ‘‘(B) may transfer the nitrogen oxide al- 2008; and subsection (b) or (c) shall pay an excess emis- lowances to any other person for the purpose ‘‘(ii) shall not diminish the liability of the sion penalty determined under paragraph (2). of demonstration of that compliance. owner or operator of the affected unit with ‘‘(2) DETERMINATION OF EXCESS EMISSION ‘‘(3) CERTIFICATION OF TRANSFER.—A trans- respect to any fine, penalty, or assessment PENALTY.—The excess emission penalty for fer of a nitrogen oxide allowance shall not applicable to the affected unit for the same mercury shall be an amount equal to $50,000 take effect until a written certification of violation under any other provision of this for each pound of mercury emitted in excess the transfer, authorized by a responsible offi- Act. of the emission limitation described in sub- cial of the person making the transfer, is re- ‘‘SEC. 704. MERCURY PROGRAM. section (b) or (c), as pro-rated for each frac- ceived and recorded by the Administrator. ‘‘(a) DEFINITION OF INLET MERCURY.—In tion of a pound.’’. ‘‘(4) PERMIT REQUIREMENTS.—An allocation this section, the term ‘inlet mercury’ means SEC. 1753. REVISIONS TO SULFUR DIOXIDE AL- or transfer of nitrogen oxide allowances to the quantity of mercury found— LOWANCE PROGRAM. an affected unit shall, after recording by the ‘‘(1) in the as-fired coal of an affected unit; (a) IN GENERAL.—Title IV of the Clean Air Administrator, be considered to be part of or Act (relating to acid deposition control) (42 the federally enforceable permit of the af- ‘‘(2) for an affected unit using coal that is U.S.C. 7651 et seq.) is amended by adding at fected unit under this Act, without a re- subjected to an advanced coal cleaning tech- the end the following: quirement for any further review or revision nology, in the as-mined coal of the affected ‘‘SEC. 417. REVISIONS TO SULFUR DIOXIDE AL- of the permit. unit. LOWANCE PROGRAM. ‘‘(e) COMPLIANCE AND ENFORCEMENT.— ‘‘(b) ANNUAL LIMITATION FOR CERTAIN ‘‘(a) DEFINITIONS.—In this section, the ‘‘(1) IN GENERAL.—For calendar year 2012 UNITS.—On an annual average calendar year terms ‘affected unit’ and ‘new unit’ have the and each calendar year thereafter, the oper- basis with respect to inlet mercury, an af- meanings given the terms in section 701. ator of each affected unit shall surrender to fected unit that commences operation on or ‘‘(b) REGULATIONS.—Not later than 2 years the Administrator a quantity of nitrogen after the date of enactment of this title shall after the date of enactment of this section, oxide allowances that is equal to the total be subject to the less stringent of the fol- the Administrator shall promulgate such re- tons of nitrogen oxides emitted by the af- lowing emission limitations: visions to the regulations to implement this fected unit during the calendar year. ‘‘(1) 90 percent capture of inlet mercury. title as the Administrator determines to be ‘‘(2) MONITORING SYSTEM.—The Adminis- ‘‘(2) An emission rate of 0.0060 pounds per necessary to implement section 702(a). trator shall promulgate regulations requir- gigawatt-hour. ‘‘(c) NEW UNIT RESERVE.— ing— ‘‘(c) ANNUAL LIMITATION FOR EXISTING ‘‘(1) ESTABLISHMENT.—Subject to the an- ‘‘(A) operation, reporting, and certification UNITS.—An affected unit in operation on the nual tonnage limitation for emissions of sul- of continuous emissions monitoring systems date of enactment of this title shall be sub- fur dioxide from affected units specified in to accurately measure the quantity of nitro- ject to the following emission limitations on section 702(a), the Administrator shall estab- gen oxides that is emitted from each affected an annual average calendar year basis with lish by regulation a reserve of allowances to unit; and respect to inlet mercury: be set aside for use by new units. ‘‘(B) verification and reporting of nitrogen ‘‘(1) CALENDAR YEARS 2012 THROUGH 2015.— ‘‘(2) DETERMINATION OF QUANTITY.—The Ad- oxides emissions at each affected unit. For the period beginning on January 1, 2012, ministrator, in consultation with the Sec- ‘‘(3) REPORTING.— and ending on December 31, 2015, the less retary of Energy, shall determine, based on ‘‘(A) IN GENERAL.—Not less often than stringent of the following emission limita- projections of electricity output for new quarterly, the owner or operator of an af- tions: units— fected unit shall submit to the Adminis- ‘‘(A) 60 percent capture of inlet mercury. ‘‘(A) not later than June 30, 2009, the quan- trator a report on the monitoring of emis- ‘‘(B) An emission rate of 0.02 pounds per tity of allowances required to be held in re- sions of nitrogen oxides carried out by the gigawatt-hour. serve for new units for each of calendar years owner or operator in accordance with the ‘‘(2) CALENDAR YEAR 2016 AND THEREAFTER.— 2012 through 2015; and regulations promulgated under paragraph For calendar year 2016 and each calendar ‘‘(B) not later than June 30, 2015, and June (2). year thereafter, the less stringent of the fol- 30 of each fifth calendar year thereafter, the ‘‘(B) AUTHORIZATION.—Each report sub- lowing emission limitations: quantity of allowances required to be held in mitted under subparagraph (A) shall be au- ‘‘(A) 90 percent capture of inlet mercury. reserve for new units for the following 5-cal- thorized by a responsible official of the af- ‘‘(B) An emission rate of 0.0060 pounds per endar year period. fected unit, who shall certify the accuracy of gigawatt-hour. ‘‘(3) ALLOCATION.— the report. ‘‘(d) AVERAGING ACROSS UNITS.—An owner ‘‘(A) REGULATIONS.—The Administrator ‘‘(C) PUBLIC REPORTING.—The Adminis- or operator of an affected unit may dem- shall promulgate regulations to establish a trator shall make available to the public, onstrate compliance with the annual average methodology for allocating sulfur dioxide al- through 1 or more published reports and 1 or limitations under subsections (b) and (c) by lowances to new units. more forms of electronic media, data con- averaging emissions from all affected units ‘‘(B) NO JUDICIAL REVIEW.—An allocation of cerning the emissions of nitrogen oxides at a single facility. sulfur dioxide allowances by the Adminis- from each affected unit. ‘‘(e) MONITORING SYSTEM.—The Adminis- trator under this paragraph shall not be sub- ‘‘(4) EXCESS EMISSIONS.— trator shall promulgate regulations requir- ject to judicial review. ‘‘(A) IN GENERAL.—The owner or operator ing— ‘‘(d) EXISTING UNITS.— of an affected unit that emits nitrogen ox- ‘‘(1) operation, reporting, and certification ‘‘(1) ALLOCATION.— ides in excess of the nitrogen oxide allow- of continuous emission monitoring systems ‘‘(A) REGULATIONS.—Not later than 2 years ances that the owner or operator holds for to accurately measure the quantity of mer- after the date of enactment of this section, use for the affected unit for the calendar cury that is emitted from each affected unit; subject to the annual tonnage limitation for year shall— and emissions of sulfur dioxide from affected ‘‘(i) pay an excess emission penalty deter- ‘‘(2) verification and reporting of mercury units specified in section 702(a), and subject mined under subparagraph (B); and emissions at each affected unit. to the reserve of allowances for new units ‘‘(ii) offset the excess emissions by at least ‘‘(f) REPORTING.— under subsection (c), the Administrator shall an equal quantity in the following calendar ‘‘(1) IN GENERAL.—Not less often than quar- promulgate regulations to govern the alloca- year or such other period as the Adminis- terly, the owner or operator of an affected tion of allowances to affected units that are trator shall prescribe. unit shall submit to the Administrator a re- not new units.

VerDate Aug 31 2005 05:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.136 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5269

‘‘(B) REQUIRED ELEMENTS.—The regulations (B) is redesignated as title VIII and moved (e) DEFICIENCY.—If, for any calendar year, shall provide for— to appear at the end of that Act. there is an insufficient number of inter- ‘‘(i) the allocation of allowances on a fair (2) The table of contents for title IV of the national reserve allowances established and equitable basis between affected units Clean Air Act (relating to acid deposition under section 1306 available for distribution that received allowances under section 405 control) (42 U.S.C. prec. 7651) is amended by to meet the requirements of the system de- and affected units that are not new units and adding at the end the following: scribed in subsection (c), the Administrator that did not receive allowances under that ‘‘Sec. 417. Revisions to sulfur dioxide allow- shall distribute in lieu of those international section, using for both categories of units ance program.’’. reserve allowances a comparable quantity of the same or similar allocation methodology emission allowances not otherwise sold or as was used under section 405; and SA 4909. Mr. SCHUMER submitted an distributed under title V. ‘‘(ii) the pro-rata distribution of allow- amendment intended to be proposed by (f) EXPORT COUNTRIES.—In completing any ances to all units described in clause (i), sub- him to the bill S. 3036, to direct the Ad- calculations under the system described in ject to the annual tonnage limitation for ministrator of the Environmental Pro- subsection (c), the Administrator shall take emissions of sulfur dioxide from affected tection Agency to establish a program into consideration— (1) exports of currently operating facilities units specified in section 702(a). to decrease emissions of greenhouse ‘‘(2) TIMING OF ALLOCATIONS.—Not later to all foreign countries for each of calendar than 330 days before the beginning of cal- gases, and for other purposes; which years 2012 and 2013; and endar year 2012 and each calendar year there- was ordered to lie on the table; as fol- (2) exports of currently operating facilities after, the Administrator shall allocate al- lows: only to foreign countries that have not lowances to affected units. At the end of subtitle A of title XIII, add adopted a program to limit greenhouse gas ‘‘(3) NO JUDICIAL REVIEW.—An allocation of the following: emissions for each of calendar years 2014 allowances by the Administrator under this SEC. 1308. TRANSITION TO COMPARABLE ACTION through 2030. subsection shall not be subject to judicial re- IN EXPORT COUNTRIES. (g) LIMITATION ON QUANTITY FOR DISTRIBU- view.’’. (a) FINDING.—Congress finds that the pur- TION.—The quantity of allowances distrib- (b) DEFINITION OF ALLOWANCE.—Section 402 poses described in section 1302 can be uted to the owner or operator of a currently of the Clean Air Act (relating to acid deposi- achieved while maintaining the growth and operating facility for a calendar year pursu- tion control) (42 U.S.C. 7651a) is amended by volume of United States exports of carbon- ant to this section shall be limited so as to striking paragraph (3) and inserting the fol- intensive manufactured goods, particularly ensure that, for the calendar year, the sum lowing: to countries that have not yet adopted com- of the value of the allowances so distributed ‘‘(3) ALLOWANCE.—The term ‘allowance’ parable action to regulate greenhouse gas and the value of the allowances allocated means an authorization, allocated by the Ad- emissions. pursuant to section 542(e) shall not exceed ministrator to an affected unit under this (b) DEFINITIONS.—In this section: the product obtained by multiplying— title, to emit, during or after a specified cal- (1) CURRENTLY OPERATING FACILITY.—The (1) the emissions of the currently operating endar year, a quantity of sulfur dioxide de- term ‘‘currently operating facility’’ has the facility for the most recent year used in the termined by the Administrator and specified meaning given the term in section 542(a). relevant calculation under section in the regulations promulgated under section (2) DIRECT EXPORT.—The term ‘‘direct ex- 542(d)(2)(A); and 417(b).’’. port’’ means a product manufactured in an (2) the average value of the emission allow- eligible manufacturing facility and shipped (c) EXCESS EMISSIONS.—Section 411 of the ances allocated to the owner or operator of to a destination outside of the customs terri- Clean Air Act (relating to acid deposition the currently operating facility under sec- tory of the United States without further control) (42 U.S.C. 7651j) is amended by strik- tion 542(e). processing. ing subsections (a) and (b) and inserting the (3) ELIGIBLE MANUFACTURING FACILITY.— following: SA 4910. Mr. LAUTENBERG sub- The term ‘‘eligible manufacturing facility’’ ‘‘(a) IN GENERAL.—The owner or operator mitted an amendment intended to be has the meaning given the term in section of a new unit or an affected unit that emits proposed to amendment SA 4825 pro- 542(a). sulfur dioxide in excess of the sulfur dioxide posed by Mrs. BOXER (for herself, Mr. (4) INDIRECT EXPORT.—The term ‘‘indirect allowances that the owner or operator holds WARNER, and Mr. LIEBERMAN) to the export’’ means a product manufactured in an for use for the new unit or affected unit for eligible manufacturing facility and further bill S. 3036, to direct the Administrator the calendar year shall— processed in the United States prior to ship- of the Environmental Protection Agen- ‘‘(1) pay an excess emission penalty deter- ment outside of the customs territory of the cy to establish a program to decrease mined under subsection (b); and United States. emissions of greenhouse gases, and for ‘‘(2) offset the excess emissions by at least (c) REGULATIONS.—Not later than 2 years an equal quantity in the following calendar other purposes; which was ordered to after the date of enactment of this Act, the lie on the table; as follows: year or such other period as the Adminis- Administrator shall promulgate regulations At the appropriate place, insert the fol- trator shall prescribe. establishing a system for distributing, for lowing: ‘‘(b) DETERMINATION OF EXCESS EMISSION each of calendar years 2012 through 2030, to PENALTY.— owners and operators of eligible manufac- TITLE —AVIATION AND INTERCITY ‘‘(1) IN GENERAL.—The excess emission pen- turing facilities, international reserve allow- TRANSPORTATION alty for sulfur dioxide shall be equal to the ances established under section 1306. SEC. —001. DEVELOPMENT OF ALTERNATIVE product obtained by multiplying— (d) INDIVIDUAL ALLOCATIONS TO CURRENTLY FUELS FOR AIRCRAFT. ‘‘(A) the quantity of sulfur dioxide emitted OPERATING FACILITIES.—Under the system (a) IN GENERAL.—The Administrator of the in excess of the total quantity of sulfur diox- described in subsection (c), the quantity of Federal Aviation Administration, in coordi- ide allowances held; and international reserve allowances distributed nation with the Administrator of the Na- ‘‘(B) 2 times the average price of a sulfur by the Administrator for a calendar year to tional Aeronautics and Space Administra- dioxide allowance for the calendar year in the owner or operator of a currently oper- tion, shall research and develop viable alter- which the excess emissions occurred, as de- ating facility that received emission allow- native fuels whose usage results in less termined by the Administrator. ances under section 542(e) shall be a quantity greenhouse gas emissions than existing jet ‘‘(2) TREATMENT.—An excess emission pen- equal in value to the product obtained by fuel for commercial aircraft. alty under paragraph (1)— multiplying— (b) PLAN.—Within 120 days after the date of ‘‘(A) shall be due and payable without de- (1) the product obtained by multiplying— enactment of this Act, the Administrator of mand to the Administrator, in accordance (A) the sum of the annual direct and indi- the Federal Aviation Administration shall— with applicable regulations promulgated by rect emissions for the most recent year used (1) develop a research and development the Administrator, by not later than 18 in the calculation under section 542(d)(2)(A); plan for the program described in subsection months after the date of enactment of the and (a), containing specific research and develop- Lieberman-Warner Climate Security Act of (B) the average value of the emission al- ment objectives and a timetable for achiev- 2008; and lowances allocated to the owner or operator ing the objectives; and ‘‘(B) shall not diminish the liability of the of the currently operating facility under sec- (2) submit a copy of the plan to Congress. owner or operator of the affected unit with tion 542(e); and SEC. —002. AIRCRAFT ENGINE STANDARDS. respect to any fine, penalty, or assessment (2) the proportion that— Section 44715(a) of title 49, United States applicable to the affected unit for the same (A) the value of production by the current Code, is amended— violation under any other provision of this operating facility that is used for direct ex- (1) by striking paragraph (1) and inserting Act.’’. port and indirect export during the calendar the following: (d) TECHNICAL AMENDMENTS.— year immediately preceding the calendar ‘‘(1) To relieve and protect the public (1) Title IV of the Clean Air Act (relating year of the distribution; bears to health and welfare from aircraft noise, sonic to noise pollution) (42 U.S.C. 7641 et seq.)— (B) the total value of production by the boom, and aircraft engine emissions, the Ad- (A) is amended by redesignating sections current operating facility during the cal- ministrator of the Federal Aviation Admin- 401 through 403 as sections 801 through 803, endar year immediately preceding the cal- istration, in consultation with the Adminis- respectively; and endar year of the distribution. trator of the Environmental Protection

VerDate Aug 31 2005 05:49 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.136 S05JNPT1 smartinez on PROD1PC64 with SENATE S5270 CONGRESSIONAL RECORD — SENATE June 5, 2008 Agency as deemed necessary, shall pre- practices for emission reduction in the avia- sessment, or development of mitigation or scribe— tion sector; adaptation strategies in the transportation ‘‘(A) standards to measure aircraft noise (4) recommendations on areas of focus for industry, such as carbon accounting stand- and sonic boom; additional research for technologies and op- ards.’’. ‘‘(B) regulations to control and abate air- erations with the highest potential to reduce craft noise and sonic boom; and emissions; and SA 4911. Mr. WHITEHOUSE sub- ‘‘(C) emission standards applicable to the (5) recommendations of actions that the mitted an amendment intended to be emission of any air pollutant from any class Federal Government could take to encourage proposed by him to the bill S. 3036, to or classes of aircraft engines which, in the or require additional emissions reductions. direct the Administrator of the Envi- judgment of the Administrator, causes, or (b) CONSULTATION.—In developing the pa- ronmental Protection Agency to estab- contributes to, air pollution which may rea- rameters of the study under this section, the lish a program to decrease emissions of sonably be anticipated to endanger public Administrator shall conduct the study under health or welfare.’’; and this section in consultation with— greenhouse gases, and for other pur- (2) indenting paragraphs (2) and (3) 2 em (1) the Administrator of the Environ- poses; which was ordered to lie on the spaces from the left margin. mental Protection Agency; and table; as follows: SEC. —003. AIRCRAFT DEPARTURE MANAGEMENT (2) other appropriate Federal agencies and Beginning on page 209, strike line 20 and PILOT PROGRAM. departments. all that follows through page 213, line 8. (a) IN GENERAL.—The Secretary of Trans- SEC. —005. INTERCITY PASSENGER MOBILITY On page 213, lines 22 and 23, strike ‘‘sub- portation shall carry out a pilot program at STUDY. paragraph (B)’’ and insert ‘‘subparagraphs not more than 5 public use airports under Within 1 year after the date of enactment (B) and (E)’’. which the Federal Aviation Administration of this Act, the Secretary of Transportation, On page 214, strike lines 1 through 13 and shall test air traffic flow management tools, through the Office of Climate Change and insert the following: methodologies, and procedures, as well as Environment, and in coordination with the (i) to fund cost-effective energy-efficiency, other operational improvements that will Federal Railroad Administration and other demand response, low-emission and high-effi- allow the agency to better supervise aircraft relevant modal administrations at the De- ciency distributed generation and distrib- on the ground, reduce the length of ground partment, shall complete a study to assess uted renewable generation programs for all holds and idling time for aircraft, and pro- the impact on transportation-related emis- fuels and energy types, or for customer-lo- mote reduction of carbon emissions of air- sions of developing or expending frequent cated renewable energy supplies, in the resi- craft and at airports. and reliable intercity passenger rail trans- dential, commercial, and industrial sectors (b) SELECTION CRITERIA.—In selecting from portation services in appropriate intercity under the oversight of the regulatory agen- among airports at which to conduct the pilot travel markets of 500 miles or less. The study cies of local distribution companies; program, the Secretary shall give priority shall include an estimate of the potential ef- (ii) if a local distribution company does consideration to airports at which improve- fects of new or improved intercity passenger not administer energy-efficiency programs ments in ground control efficiencies are like- rail service on transportation energy con- under the supervision of a regulatory agen- ly to achieve the greatest fuel savings or air sumption, carbon and other air emissions, cy, to provide assistance to the appropriate quality or other environmental benefits, as infrastructure needs, system capacity, and State energy officer, regulatory agency, or measured by the amount of reduced fuel, re- congestion within such markets and shall in- third-party selected by the regulatory agen- duced emissions, or other environmental clude an estimate of the costs and benefits to cy for use in accordance with this section; benefits per dollar of funds expended under the federal government, intercity passenger and the pilot program. (iii) in the case of a non-regulated local (c) REPORT TO CONGRESS.—Not later than 2 rail providers, and other transportation modes, as appropriate, of such an enhance- distribution entity, such as a municipal util- years after the date of the enactment of this ity, to fund cost-effective energy-efficiency, Act, the Secretary shall submit to the House ment of intercity passenger rail service. The demand response, low-emission and high-effi- of Representatives Committee on Transpor- Secretary shall transmit a report on the re- ciency distributed generation programs, and tation and Infrastructure of the and the Sen- sults of the study to the Senate Committee distributed renewable generation programs, ate Committee on Commerce, Science, and on Commerce, Science, and Transportation for the residential, commercial and indus- Transportation a report containing— and the House of Representatives Committee trial consumers served by the non-regulated (1) an evaluation of the effectiveness of the on Transportation and Infrastructure. local distribution entity, subject to the ap- pilot program, including an assessment of SEC. —006. IMPROVEMENTS TO OFFICE OF CLI- proval of the appropriate State or local gov- the tools, methodologies, and procedures MATE CHANGE AND ENVIRONMENT. Section 102(g) of title 49, United States ernment official. that provided the greatest fuel savings and On page 215, between lines 22 and 23, insert Code, is amended by adding at the end there- air quality and other environmental bene- the following: fits, and any impacts on safety, capacity, or of the following: (E) EXCEPTION.—During the 5-year period ‘‘(3) ASSESSMENT OF FEDERALLY FUNDED efficiency of the air traffic control system or beginning on the date of enactment of this MAJOR TRANSPORTATION INVESTMENTS.— the airports at which affected aircraft were Act, if infrastructure and vendors are not ‘‘(A) Beginning 1 year after the date of en- operating; available to cost-effectively implement ex- actment of the Lieberman-Warner Climate (2) an identification of anticipated environ- panded programs described in clauses (i) and Security Act of 2008, the Office shall per- mental and economic benefits from imple- (ii) of subparagraph (A), a local distribution form, or require the performance of, a cli- mentation of the tools, methodologies, and company receiving allowances under this mate-change impact assessment for each procedures developed under the pilot pro- section, in instances determined to be appro- new federally-funded or federally-adminis- gram at other airports; priate by the regulatory agency with juris- tered transportation infrastructure or oper- (3) a plan for implementing the tools, diction over the local distribution company, ations project that— methodologies, and procedures developed may provide limited rebates for customers, ‘‘(i) receives more than half of its annual under the pilot program at other airports or giving priority to low-income customers. or total funding from Department of Trans- the Secretary’s reasons for not imple- On page 216, strike lines 8 through 14 and portation; and menting such measures at other airports; insert the following: ‘‘(ii) will receive more than $500,000,000 in and (C)(i) how, and to what extent, the local total Federal funding. (4) such other information as the Secretary distribution company used the proceeds of ‘‘(B) The assessment shall include— considers appropriate. the sale of emission allowances, including ‘‘(i) an estimate of the projected impact of SEC. —004. STUDY OF AVIATION SECTOR EMIS- the amount of the proceeds directed to each the project or program on global climate SIONS. consumer class covered in the form of re- change and carbon emissions; and (a) IN GENERAL.—The Administrator of the bates, energy efficiency, demand response, ‘‘(ii) a rating for the project based on its Federal Aviation Administration shall enter and distributed generation; and into an agreement with the National Acad- projected impacts. (ii) the quantity of energy saved or gen- emy of Sciences under which the Academy ‘‘(C) The Office shall make each assess- erated as a result of energy-efficiency, de- shall conduct a study on emissions associ- ment available to the public in a timely mand response, and distributed generation ated with the aviation industry, including— manner. The Secretary shall ensure that as- programs supported by sales of emissions al- (1) a determination of appropriate data sessments performed pursuant to this para- lowances, including a description of the necessary to make determinations of emis- graph are used by the Department when methodologies used to estimate those sav- sion inventories, considering fuel use, air- completing any relevant cost/benefit or ings. port operations, ground equipment, and all other appropriate project analysis. other sources of emissions in the aviation in- ‘‘(4) COORDINATION WITH OTHER AGENCIES.— SA 4912. Mr. WHITEHOUSE sub- dustry; The Secretary, through the Office, shall co- mitted an amendment intended to be (2) an estimate of projected industry emis- ordinate with the National Institute of sions for the following 5-year, 20-year, and Standards and Technology, and any other proposed by him to the bill S. 3036, to 50-year periods; relevant Federal agencies to assist in the de- direct the Administrator of the Envi- (3) based on existing literature, research, velopment of climate change-related stand- ronment Protection Agency to estab- and surveys to determine the existing best ards that affect the collection of data, as- lish a program to decrease emissions of

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.126 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5271 greenhouse gases, and for other pur- (ii) the head of a Federal agency des- endar year shall be established by the En- poses; which was ordered to lie on the ignated by the Administrator for the pur- ergy Information Administration, in con- table; as follows: poses of this subsection. sultation with other appropriate Federal (B) ELDERLY OR DISABLED MEMBER.—The agencies, by not later than October 1 of the Beginning on page 196, strike line 15 and term ‘‘elderly or disabled member’’ has the preceding calendar year. all that follows through page 198, line 16. meaning given the term in section 3 of the (ii) LIMITATION.—The aggregate amount of Strike the table that appears on page 203 Food Stamp Act of 1977 (7 U.S.C. 2012). rebates distributed in any given year shall after line 2 and insert the following: (C) GROSS INCOME.—The term ‘‘gross in- not exceed the amount described in sub- come’’ means the gross income of a house- section (a)(1). Percentage hold that is determined in accordance with (iii) SHORTAGE.—If the amount described in for auction standards and procedures established under subsection (a)(4) is inadequate to provide for Climate section 5 of the Food Stamp Act of 1977 (7 monthly rebates to all eligible households, Calendar Year Change Con- U.S.C. 2014). the Administrator shall devise an equitable sumer As- (D) HOUSEHOLD.—The term ‘‘household’’ proration to ensure that all eligible house- sistance means— Fund holds receive the same portion of the full re- (i) an individual who lives alone; or bate the eligible households would have been (ii) a group of individuals who live to- 2012 ...... 5 .5 eligible to receive if adequate funds had been gether. provided 2013 ...... 5 .75 (E) POVERTY LINE.—The term ‘‘poverty (B) METHOD OF CALCULATION.—With respect 2014 ...... 5 .75 line’’ has the meaning given the term in sec- to the calculation of a monthly rebate under 2015 ...... 6 tion 673(2) of the Community Services Block this paragraph— 2016 ...... 6.25 Grant Act (42 U.S.C. 9902(2)), including any (i) the maximum monthly rebate provided 2017 ...... 6.5 revision required by that section. to a household during any calendar year 2018 ...... 6 (F) PROGRAM.—The term ‘‘Program’’ means shall be equal to 1⁄12 of the projected average 2019 ...... 7 the Climate Change Rebate Program estab- 2020 ...... 7 lished under paragraph (2). annual increase in the costs of goods and services for that calendar year that results 2021 ...... 7 (G) STATE.—The term ‘‘State’’ means— 2022 ...... 8 (i) each of the several States of the United from the regulation of greenhouse gas emis- 2023 ...... 8 States; sions under this Act, taking into consider- 2024 ...... 9 (ii) the District of Columbia; ation— 2025 ...... 9 (iii) the Commonwealth of Puerto Rico; (I) the size of the household; and 2026 ...... 10 (iv) Guam; (II) direct and indirect energy costs for 2027 ...... 11 (v) American Samoa; consumers in the lowest-income quintile 2028 ...... 11 (vi) the Commonwealth of the Northern that is affected by the regulation of green- 2029 ...... 12 Mariana Islands; and house gas emissions, net of the effect of any 2030 ...... 13 (vii) the United States Virgin Islands. projected increase in Federal benefits result- 2031 ...... 14 (H) STATE AGENCY.— ing from higher cost-of-living adjustments 2032 ...... 14 (i) IN GENERAL.—The term ‘‘State agency’’ based on higher energy-related costs; 2033 ...... 14 means an agency of State government that (ii) each quintile referred to in clause 2034 ...... 15 has responsibility for the administration of 1 (i)(II) shall— 2035 ...... 15 or more federally aided public assistance (I) be based on income adjusted to account 2036 ...... 15 programs within the State. for household size; and 2037 ...... 15 (ii) INCLUSIONS.—The term ‘‘State agency’’ (II) represent an equal number of individ- 2038 ...... 15 includes— uals; and 2039 ...... 15 (I) a local office of a State agency de- (iii) the amount shall be adjusted by house- 2040 ...... 15 scribed in clause (i); and hold size, except that the same maximum re- 2041 ...... 15 (II) in a case in which federally aided pub- bate shall be— 2042 ...... 15 lic assistance programs of a State are oper- (I) provided to households of 5 or more in- 2043 ...... 15 ated on a decentralized basis, a counterpart dividuals; and 2044 ...... 15 local agency that administers 1 or more of (II) based on the average cost increases for 2045 ...... 15 those programs. households of 5 or more individuals. 2046 ...... 15 (2) CLIMATE CHANGE REBATE PROGRAM.—The (C) GREATER THAN 130 PERCENT OF POVERTY 2047 ...... 15 Administrator shall establish and carry out LINE.—A household with a gross income that 2048 ...... 15 a program, to be known as the ‘‘Climate is greater than 130 percent of the poverty 2049 ...... 15 Change Rebate Program’’, under which, at line shall not be eligible for a monthly re- 2050 ...... 15 . the request of a State agency, eligible low- bate under this subsection. income households within the State shall be (5) DELIVERY MECHANISM.—An eligible provided an opportunity to receive com- household shall receive a rebate through an On page 204, between lines 2 and 3, insert pensation, through the issuance of a month- electronic benefit transfer or direct deposit the following: ly rebate, for use in paying certain increased into a bank account designated by the eligi- SEC. 584. USE OF FUNDS. energy-related costs resulting from the regu- ble household. (a) IN GENERAL.—Subject to section 585, of lation of greenhouse gas emissions under (6) ADMINISTRATION.— amounts deposited in the Climate Change this Act. (A) IN GENERAL.—The State agency of each Consumer Assistance Fund under section 583, (3) ELIGIBILITY.—The Administrator shall participating State shall assume responsi- the Administrator shall use— limit participation in the Program to— bility for— (1) of the proceeds from the auction of the (A) households that the applicable State (i) the certification of households applying initial 14 percent of the percentage of emis- agency determines meet the gross income for monthly rebates under this subsection; sion allowances auctioned under section 582 test and the asset test standards described in and for each calendar year— section 5 of the Food Stamp Act of 1977 (7 (ii) the issuance, control, and account- (A) not less than 50 percent to provide as- U.S.C. 2014); and ability of those rebates. sistance to low-income households under the (B) households that do not meet those (B) REIMBURSEMENT OF ADMINISTRATIVE program described in subsection (b); and standards, but that include 1 or more indi- COSTS.— (B) not less than 50 percent to provide an viduals who meet the standards described in (i) IN GENERAL.—Subject to such standards earned income tax credit in accordance with section 1860D–14 of the Social Security Act as shall be established by the Administrator, subsection (c); and (42 U.S.C. 1395w–114). the Administrator shall reimburse each (2) the remaining proceeds from auctions (C) LIMITATION.—The Administrator shall State agency for a portion, as described in under section 582 to carry out other tax ini- establish additional eligibility criteria to en- clauses (ii) and (iii), of the administrative tiatives to protect consumers, especially sure that— costs involved in the operation by the State consumers in greatest need, from increases (i) only United States citizens, United agency of the Program. in energy and other costs as a result of this States nationals, and lawfully residing im- (ii) INITIAL 3 YEARS.—During the first 3 fis- Act in accordance with subsection (d). migrants are eligible to receive a rebate cal years of operation of the Program, the (b) PROGRAM FOR OFFSETTING IMPACTS ON under the Program; and Administrator shall reimburse each State LOWER-INCOME AMERICANS.— (ii) each household does not receive more agency for— (1) DEFINITIONS.—In this subsection: than 1 rebate per month under the Program. (I) 75 percent of the administrative costs of (A) ADMINISTRATOR.—The term ‘‘Adminis- (4) MONTHLY REBATE AMOUNT.— delivering monthly rebates under this sub- trator’’ means— (A) ESTABLISHMENT.— section; and (i) the Administrator of the Environmental (i) IN GENERAL.—The rebate available (II) 75 percent of any automated data proc- Protection Agency; or under the Program for each month of a cal- essing improvements or electronic benefit

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.128 S05JNPT1 smartinez on PROD1PC64 with SENATE S5272 CONGRESSIONAL RECORD — SENATE June 5, 2008 transfer contract amendments that are nec- (H) Green roofs absorb air pollution, col- United States and used as a residence by the essary to provide the monthly rebates. lect airborne particulates, and store carbon. taxpayer. (iii) SUBSEQUENT YEARS.—During the (I) Green roofs protect underlying roof ma- ‘‘(B) QUALIFIED GREEN ROOF.—The term fourth and subsequent years of operation of terial by eliminating exposure to the sun’s ‘qualified green roof’ means any green roof the Program, the Administrator shall reim- ultraviolet radiation and extreme daily tem- at least 40 percent of which is vegetated. burse each State agency for 50 percent of all perature fluctuations. ‘‘(C) GREEN ROOF.—The term ‘green roof’ administrative costs of delivering the (J) Green roofs reduce noise transfer from means any roof which consists of vegetation monthly rebates under this subsection. the outdoors. and soil, or a growing medium, planted over (C) TREATMENT.— (K) Green roofs insulate a building from a waterproofing membrane and its associated (i) NOT INCOME OR RESOURCES.—The value extreme temperatures, mainly by keeping components, such as a protection course, a of a rebate provided under the Program shall the building interior cool in the summer. root barrier, a drainage layer, or thermal in- not be considered to be income or a resource (2) PURPOSE.—The purpose of this section sulation and an aeration layer.’’. for any purpose under any Federal, State, or is to encourage the construction of green (D) MAXIMUM EXPENDITURES IN CASE OF local law, including laws relating to an in- roofs thereby— JOINT OCCUPANCY.—Section 25D(e)(4)(A) of come tax, public assistance programs (such (A) reducing rooftop temperatures and such Code (relating to maximum expendi- as health care, cash aid, child care, nutrition heat transfer; decreasing summertime indoor tures) is amended by striking ‘‘and’’ at the programs, and housing assistance). temperatures; end of clause (ii), by striking the period at (ii) ACTION BY STATE AND LOCAL GOVERN- (B) lessening pressure on sewer systems the end of clause (iii) and inserting ‘‘, and’’, MENTS.—No State or local government a resi- through the absorption of rainwater; and by adding at the end the following new dent of which receives a rebate under the (C) filtering pollution – including heavy clause: Program shall decrease any assistance that metals and excess nutrients; ‘‘(iv) $1,667 in the case of any qualified would otherwise be provided to the resident (D) protecting underlying roof material; green roof property expenditures.’’. because of receipt of the rebate. (E) reducing noise; (2) CREDIT ALLOWED AGAINST ALTERNATIVE (c) SENSE OF CONGRESS REGARDING EARNED (F) providing a habitat for birds and other MINIMUM TAX.— INCOME TAX CREDIT.—It is the sense of Con- small animals; (A) IN GENERAL.—Subsection (c) of section gress that— (G) improving the quality of life for build- 25D of the internal Revenue Code of 1986 is (1) the amounts described in subsection ing inhabitants; and amended to read as follows: (a)(1)(B) should be used to enhance the (H) reducing the urban heat island effect ‘‘(c) LIMITATION BASED ON AMOUNT OF TAX; earned income tax credit under section 32 of by decreasing rooftop temperatures. CARRYFORWARD OF UNUSED CREDIT.— the Internal Revenue Code of 1986 to assist (b) GREEN ROOFS ELIGIBLE FOR ENERGY ‘‘(1) LIMITATION BASED ON AMOUNT OF TAX.— lower-income workers to afford the energy- CREDIT.— In the case of a taxable year to which section related costs associated with the regulation (1) IN GENERAL.—Subparagraph (A) of sec- 26(a)(2) does not apply, the credit allowed of greenhouse gas emissions; and tion 48(a)(3) of the Internal Revenue Code of under subsection (a) for the taxable year (2) the Administrator should structure the 1986 is amended by striking ‘‘or’’ at the end shall not exceed the excess of— Climate Change Rebate Program under sub- of clause (iii), by striking the period at the ‘‘(A) the sum of the regular tax liability section (b) in a manner than ensures that the end of clause (iv) and inserting ‘‘, or’’, and by (as defined in section 26(b)) plus the tax im- program phases out for eligible households adding at the end the following new clause: posed by section 55, over that receive an enhanced earned income tax ‘‘(v) a qualified green roof (as defined in ‘‘(B) the sum of the credits allowable under section 25D(d)(4)(B)).’’. this subpart (other than this section) and credit as described in this section. REDIT ALLOWED AGAINST ALTERNATIVE (d) SENSE OF CONGRESS REGARDING ADDI- (2) C section 27 for the taxable year. MINIMUM TAX.—Subparagraph (B) of section ‘‘(2) CARRYFORWARD OF UNUSED CREDIT.— TIONAL TAX POLICIES.—It is the sense of Con- gress that any additional amounts in the Cli- 38(c)(4) of such Code is amended by striking ‘‘(A) RULE FOR YEARS IN WHICH ALL PER- mate Change Consumer Assistance Fund ‘‘and’’ at the end of clause (iii), by redesig- SONAL CREDITS ALLOWED AGAINST REGULAR should be used to fund other tax initiatives nating clause (iv) as clause (v), and by in- AND ALTERNATIVE MINIMUM TAX.—In the case to protect consumers, especially consumers serting after clause (iii) the following new of a taxable year to which section 26(a)(2) ap- plies, if the credit allowable under sub- in greatest need, from increases in energy clause: section (a) exceeds the limitation imposed by and other costs as a result of this Act. ‘‘(iv) so much of the credit determined On page 204, line 3, strike ‘‘584’’ and insert under section 46 as is attributable to the section 26(a)(2) for such taxable year reduced ‘‘585’’. credit determined under section 48, and’’. by the sum of the credits allowable under On page 204, strike lines 8 through 14. (3) EFFECTIVE DATE.—The amendments this subpart (other than this section), such made by this subsection shall apply to peri- excess shall be carried to the succeeding tax- SA 4913. Mr. SMITH (for himself and ods after December 31, 2008, under rules simi- able year and added to the credit allowable lar to the rules of section 48(m) of the Inter- under subsection (a) for such succeeding tax- Ms. CANTWELL) submitted an amend- nal Revenue Code of 1986 (as in effect before able year. ment intended to be proposed to the date of the enactment of the Revenue ‘‘(B) RULE FOR OTHER YEARS.—In the case amendment SA 4825 proposed by Mrs. Reconciliation Act of 1990). of a taxable year to which section 26(a)(2) BOXER (for herself, Mr. WARNER, and (c) CREDIT FOR RESIDENTIAL GREEN does not apply, if the credit allowable under Mr. LIEBERMAN) to the bill S. 3036, to ROOFS.— subsection (a) exceeds the limitation im- direct the Administrator of the Envi- (1) IN GENERAL.— posed by paragraph (1) for such taxable year, ronment Protection Agency to estab- (A) ALLOWANCE OF CREDIT.—Section 25D(a) such excess shall be carried to the suc- lish a program to decrease emissions of of the Internal Revenue Code of 1986 (relat- ceeding taxable year and added to the credit ing to allowance of credit) is amended by allowable under subsection (a) for such suc- greenhouse gases, and for other pur- striking ‘‘and’’ at the end of paragraph (2), ceeding taxable year.’’. poses; which was ordered to lie on the by striking the period at the end of para- (B) CONFORMING AMENDMENTS.— table; as follows: graph (3) and inserting ‘‘, and’’, and by add- (i) Section 23(b)(4)(B) of the Internal Rev- At the appropriate place, insert the fol- ing at the end the following new paragraph: enue Code of 1986 is amended by inserting lowing: ‘‘(4) 30 percent of the qualified green roof ‘‘and section 25D’’ after ‘‘this section’’. SEC. ll. TAX CREDIT FOR GREEN ROOFS. property expenditures made by the taxpayer (ii) Section 24(b)(3)(B) of such Code is (a) FINDINGS AND PURPOSE.— during such year.’’. amended by striking ‘‘and 25B’’ and inserting (1) FINDINGS.—Congress makes the fol- (B) LIMITATION.—Section 25D(b)(1) of such ‘‘, 25B, and 25D’’. lowing findings: Code (relating to maximum credit) is amend- (iii) Section 25B(g)(2) of such Code is (A) Green roofs reduce storm water run off. ed by striking ‘‘and’’ at the end of subpara- amended by striking ‘‘section 23’’ and insert- (B) Green roofs reduce heating and cooling graph (B), by striking the period at the end ing ‘‘sections 23 and 25D’’. loads on a building. of subparagraph (C) and inserting ‘‘, and’’, (iv) Section 26(a)(1) of such Code is amend- (C) Green roofs filter pollutants and carbon and by adding at the end the following new ed by striking ‘‘and 25B’’ and inserting ‘‘25B, dioxide out of the air. subparagraph: and 25D’’. (D) Green roofs filter pollutants and heavy ‘‘(D) $2,000 with respect to any qualified (3) EFFECTIVE DATE.— metals out of rainwater. green roof property expenditures.’’. (A) IN GENERAL.—The amendments made (E) Construction of green roofs has the po- (C) QUALIFIED GREEN ROOF PROPERTY EX- by this subsection shall apply to property tential to reduce the size of heating, ventila- PENDITURES.—Section 25D(d) of such Code placed in service after December 31, 2008, in tion, and air conditioning equipment on new (relating to definitions) is amended by add- taxable years ending after such date. or retrofitted buildings resulting in capital ing at the end the following new paragraph: (B) APPLICATION OF EGTRRA SUNSET.—The and operational savings. ‘‘(4) QUALIFIED GREEN ROOF PROPERTY EX- amendments made by clauses (i) and (ii) of (F) Green roofs have the potential to re- PENDITURE.— paragraph (2)(B) shall be subject to title IX duce the amount of standard insulation used. ‘‘(A) IN GENERAL.—The term ‘qualified of the Economic Growth and Tax Relief Rec- (G) After installation, green roofs can re- green roof property expenditure’ means an onciliation Act of 2001 in the same manner as duce sewage system loads by assimilating expenditure for a qualified green roof which the provisions of such Act to which such large amounts of rainwater. is installed on a building located in the amendments relate.

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Mr. ALEXANDER submitted modification of rules and regulations regard- this Act or any other Federal program shall an amendment intended to be proposed ing the activities of licensees, and in any receive payment under this subsection for by him to the bill S. 3036, to direct the proceeding for the payment of compensation, emission reductions for the same diesel en- Administrator of the Environmental an award, or royalties under section 153, 157, gine. 186c., or 188, the Commission shall— Beginning on page 41, strike line 20 and all Protection Agency to establish a pro- ‘‘(I) grant a hearing on request of any per- that follows through page 42, line 22, and in- gram to decrease emissions of green- son the interests of which may be affected by sert the following: house gases, and for other purposes; the proceeding; and (1) only a purchaser of a hybrid commer- which was ordered to lie on the table; ‘‘(II) admit any such person as a party to cial vehicle weighing at least 8,500 pounds, or as follows: the proceeding. a diesel particulate filter installed on a com- At the end, add the following: ‘‘(ii) NO REQUEST.— mercial diesel vehicle weighing at least 8,500 pounds or installed on a piece of nonroad TITLE XVIII—NUCLEAR POWER PLANTS ‘‘(I) IN GENERAL.—In the absence of a re- quest by a person described in clause (i), the equipment with an engine rating of at least SEC. 1801. CONSTRUCTION PERMITS AND OPER- Commission may issue a construction per- 75 horsepower, shall be eligible for grants ATING LICENSES. mit, an operating license, or an amendment under subsection (a); Section 185 of the Atomic Energy Act of (2) the purchaser of a qualifying hybrid ve- 1954 (42 U.S.C. 2235) is amended by striking to a construction permit or an amendment to an operating license without a hearing by hicle or verified diesel particulate filter shall subsection (b) and inserting the following: have certainty, at the time of purchase, of— ‘‘(b) ISSUANCE OF LICENSES.— publishing in the Federal Register a notice of the intended issuance not later than 30 (A) the amount of the grant to be provided; ‘‘(1) IN GENERAL.—After a public hearing and under section 189a.(1)(A), the Commission days before the date of issuance. ‘‘(II) EXCEPTION.—The notice requirement (B) the time at which grant funds shall be shall issue to the applicant a combined con- available; struction and operating license, if— under subclause (I) shall not apply with re- spect to any application for an amendment (3) the amount of — ‘‘(A) the application contains sufficient in- (A) the grant provided under subsection formation to support the issuance of a com- to a construction permit or an amendment to an operating license on a determination (a)(1)(A) shall increase in direct proportion bined license; and to the fuel efficiency of a commercial vehicle ‘‘(B) the Commission determines that there by the Commission that the amendment in- volves no significant hazard consideration.’’. to be purchased using funds from the grant; is reasonable assurance that the facility— and ‘‘(i) will be constructed; and SEC. 1803. SENSE OF SENATE. (B) the grant provided under subsection ‘‘(ii) will operate in conformity with the li- It is the sense of the Senate that the Nu- (a)(1)(B) shall increase in direct proportion cense, the requirements of this Act, and the clear Regulatory Commission should be to the reduction in black carbon emissions rules and regulations of the Commission. given all necessary funding and assistance from the retrofit of a qualifying diesel vehi- ‘‘(2) INCLUSIONS.—The Commission shall required by the Commission to meet the in- cle or nonroad equipment with a verified die- identify in the combined license— creasing demand of license applications be- sel particulate filter to be purchased using ‘‘(A) each inspection, test, and analysis (in- fore the Commission. funds from the grant; cluding as applicable to emergency planning) (4) the amounts made available to provide that the licensee shall be required to per- SA 4915. Mr. REID (for Mrs. CLINTON) grants under subsection (a)(1) shall be allo- form; and submitted an amendment intended to cated by the Administrator for at least 3 ‘‘(B) the acceptance criteria that, if met, be proposed by Mr. REID to the bill S. classes of vehicle weight, to ensure— are necessary and sufficient to provide rea- 3036, to direct the Administrator of the (A) adequate availability of grant funds for sonable assurance that the facility— Environmental Protection Agency to different categories of commercial vehicles; ‘‘(i) has been constructed; and establish a program to decrease emis- and ‘‘(ii) will be operated in conformity with (B) that the amount of a grant provided for the license, the requirements of this Act, and sions of greenhouse gases, and for other purposes; which was ordered to lie on the purchase of a heavier, more expensive ve- the rules and regulations of the Commission. hicle is proportional to the amount of a ‘‘(3) ACTION BY COMMISSION.— the table; as follows: grant provided for the purchase of a lighter, ‘‘(A) IN GENERAL.—After issuing a com- On page 19, strike lines 11 through 16 and less expensive vehicle; and bined license under this subsection, the Com- insert the following: (5) the amount provided per grant under mission shall— (10) CARBON DIOXIDE EQUIVALENT.—The subparagraph (A) or (B) of subsection (a)(1) ‘‘(i) ensure that each required inspection, term ‘‘carbon dioxide equivalent’’ means, for shall decrease over time to encourage early test, and analysis is performed; and each HFC, non-HFC greenhouse gas, black purchases of qualifying commercial hybrid ‘‘(ii) prior to operation of the applicable fa- carbon, or tropospheric ozone precursor, the vehicles or verified diesel particulate filters, cility, issue a determination that those re- quantity of the HFC, non-HFC greenhouse respectively. quirements have been met. gas, black carbon, or tropospheric ozone pre- On page 43, strike lines 1 through 5 and in- ‘‘(B) NO HEARING REQUIRED.—Except as oth- cursor that the Administrator determines sert the following: erwise provided in section 189a.(1)(B), a de- makes the same contribution to global (d) TERMINATION OF AUTHORITY.— termination of the Commission under this warming as 1 metric ton of carbon dioxide. (1) HYBRID FLEETS.—The program estab- paragraph shall not require a hearing. On page 31, between lines 18 and 19, insert lished under subsection (a)(1)(A), and all au- ‘‘(4) NEW LICENSING GOALS.—For each 6 suc- the following: thority provided under that subsection, ter- cessful issuances by the Commission of li- (52) TROPOSPHERIC OZONE PRECURSOR.—The minate on the date on which the clean censes under this subsection, not later than term ‘‘tropospheric ozone precursor’’ means medium- and heavy-duty hybrid fleets pro- 180 days after the date on which the final each of the oxides of nitrogen, nonmethane gram is established under section 1103. such license is issued, the Commission shall volatile organic hydrocarbons, methane, and (2) BLACK CARBON EMISSIONS.—The program publish a report, including recommenda- carbon monoxide. established under subsection (a)(1)(B), and tions, that describes— On page 41, strike lines 11 through 17 and all authority provided under that subsection, ‘‘(A) potential impediments or improve- insert the following: terminate on the date on which the diesel ments that could enhance the regulatory re- (a) PROGRAM.— engine black carbon emission reduction pro- view process for licensing of constructing (1) IN GENERAL.—Subject to paragraph (2), gram is established under section 527. new civilian nuclear power plants; not later than 2 years after the date of enact- On page 43, line 10, insert ‘‘, the reduction ‘‘(B) workforce and technology needs of the ment of this Act, the Administrator shall by of black carbon emissions,’’ after ‘‘sustain- Commission; and regulation establish and carry out a program able economic growth’’. ‘‘(C) requirements that would be required under which the Administrator shall provide On page 45, line 1, strike ‘‘greenhouse gas for the Commission to safely license at least grants to entities in the United States for— emission mitigations’’ and insert ‘‘green- 6 new nuclear plants per year through 2050.’’. (A) the purchase of advanced medium- and house gas or black carbon emission mitiga- SEC. 1802. HEARINGS AND JUDICIAL REVIEW. heavy-duty hybrid commercial vehicles, tions, as applicable’’. Section 189 of the Atomic Energy Act of based on demonstrated increases in fuel effi- On page 45, lines 7 and 8, strike ‘‘green- 1954 (42 U.S.C. 2239) is amended by striking ciency of those commercial vehicles; and house gas emission mitigations’’ and insert ‘‘greenhouse gas or black carbon emission ‘‘a.(1)(A)’’ and all that follows through the (B) the purchase and installation on exist- ing medium- and heavy-duty diesel commer- mitigations, as applicable’’. end of subparagraph (A) and inserting the On page 46, line 25, insert ‘‘or black car- cial vehicles or commercial nonroad equip- following: bon’’ after ‘‘greenhouse gas’’. ‘‘(a) HEARINGS; REVIEW.— ment of diesel particulate filters that are On page 48, line 10, insert ‘‘and black car- ‘‘(1) HEARINGS.— verified by the Administrator or the Cali- bon’’ after ‘‘greenhouse gas’’. ‘‘(A) PARTIES.— fornia Air Resources Board, based on dem- On page 48, line 13, insert ‘‘and black car- ‘‘(i) IN GENERAL.—In any proceeding under onstrated reductions of black carbon emis- bon’’ after ‘‘greenhouse gas’’. this Act for the granting, suspending, revok- sions from those diesel vehicles or nonroad On page 48, line 20, insert ‘‘and black car- ing, or amending of any license or construc- equipment. bon’’ after ‘‘greenhouse gas’’. tion permit or application to transfer con- (2) NO DUPLICATE ASSISTANCE.—No entity On page 50, line 9, insert ‘‘and black car- trol, in any proceeding for the issuance or receiving grants for diesel retrofits under bon’’ after ‘‘greenhouse gas’’.

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On page 51, line 13, insert ‘‘and black car- (l) DETERMINATION OF CARBON DIOXIDE (B) PROGRAM.— bon’’ after ‘‘greenhouse gas’’. EQUIVALENTS FOR GREENHOUSE GASES, BLACK (i) IN GENERAL.—Not later than 2 years Beginning on page 60, strike line 6 and all CARBON, AND TROPOSPHERIC OZONE PRECUR- after the date of enactment of this Act, the that follows through page 61, line 18, and in- SORS.—Not later than 180 days after the date Administrator shall by regulation establish sert the following: of enactment of this Act, the Administrator a program to achieve real, verifiable, addi- SEC. 124. STUDY BY ADMINISTRATOR OF BLACK shall determine the carbon dioxide equiva- tional, permanent, and enforceable reduc- CARBON, METHANE, AND TROPO- lent for— tions in emissions of black carbon from die- SPHERIC OZONE PRECURSOR EMIS- (1) each HFC and non-HFC greenhouse gas; sel engines on heavy-duty vehicles and SIONS. and nonroad equipment in the United States. (a) STUDY.—The Administrator shall con- EQUIREMENTS.— duct a study of black carbon, methane, and (2) black carbon and tropospheric ozone (ii) R tropospheric ozone precursor emissions, in- precursor, if the Administrator first deter- (I) IN GENERAL.—Subject to subclause (II), cluding— mines that equivalents can be established the regulations promulgated under clause (i) (1) an identification of— with reasonable scientific certainty. shall provide for full or partial payment to (A) the major sources of black carbon, On page 80, line 14, insert ‘‘and black car- individual entities for verified costs of in- methane, and tropospheric ozone precursor bon’’ after ‘‘greenhouse gas’’. stallation of diesel particulate filters that emissions in the United States and through- On page 80, line 21, insert ‘‘and black car- are verified by the Administrator or the out the world, and an estimate of the quan- bon’’ after ‘‘greenhouse gas’’. California Air Resources Board. On page 80, strike lines 23 through 25. tity of emissions, and effects on the climate (II) NO DUPLICATE ASSISTANCE.—No entity On page 81, line 1, strike ‘‘(4)’’ and insert caused by the emissions, from those sources; receiving emission allowances for black car- ‘‘(3)’’. (B) key outstanding research questions bon reductions or diesel retrofits under this On page 81, line 4, strike ‘‘(5)’’ and insert that constrain the ability to provide the in- Act or any other Federal program shall re- ‘‘(4)’’. formation described in subparagraph (A), in- ceive payment under this subsection for On page 81, line 5, insert ‘‘and black car- cluding the development of a 2-year research black carbon emission reductions or retrofits bon’’ after ‘‘greenhouse gas’’. for the same diesel engine. plan and recommendations for funding; and On page 81, line 7, insert ‘‘and’’ after the (C) the most effective and cost-effective (2) REDUCTION OF METHANE AND NON-DIESEL semicolon. BLACK CARBON EMISSIONS.—The Corporation strategies for additional domestic and inter- On page 81, strike lines 8 and (9) and insert national reductions in black carbon, meth- shall use a portion of the proceeds from each the following: cost-containment auction for each of cal- ane, and tropospheric ozone and the likely (5) with respect to offsets from agricul- climate benefits of each of those reductions, endar years 2013 through 2019 to carry out a tural, forestry, or other land use-related program that shall, by regulation, be estab- including— projects— (i) ways to expand the effectiveness of the lished by the Administrator to achieve real, (A) require that the project developer for existing ‘‘methane-to-markets’’ program; verifiable, additional, permanent, and en- an offset project establish the project base- (ii) regulatory strategies to reduce meth- forceable reductions in emissions of methane line and register emissions with the Reg- ane emissions from major sources, including and black carbon from sources other than istry; landfills, coal mines, combined animal feed- diesel engines. (B) establish procedures for project initi- ing operations, pipelines, and rice cultiva- On page 196, line 21, strike ‘‘2 percent’’ and ation and approval, in accordance with sec- tion; insert ‘‘1 percent’’. tion 304; (iii) the latest scientific information and On page 352, between lines 16 and 17, insert (C) establish procedures for third-party data relevant to the climate-related impacts the following: of black carbon emissions from diesel en- verification, registration, and issuance of Subtitle E—Reducing Black Carbon gines and other sources; offset allowances, in accordance with section Emissions From Diesel Engines (iv) carbon dioxide equivalency factors for 305; (D) ensure permanence of offsets by miti- SEC. 1141. ALLOCATION. black carbon classified by specific black car- Not later than April 1 of the year imme- gating and compensating for reversals, in ac- bon sources, and the establishment of such diately following the determination by the cordance with section 306; and factors pursuant to section 202(l); Administrator of the carbon dioxide equiva- (E) assign a unique serial number to each (v) carbon dioxide equivalency factors for lent for black carbon pursuant to section offset allowance issued under this section. precursors of tropospheric ozone, and estab- 202(l), and annually thereafter through 2017, lishment of those factors pursuant to section On page 81, strike lines 10 through 17. On page 85, strike lines 10 through 12 and the Administrator shall allocate 1 percent of 202(l); the quantity of emission allowances estab- (vi) eligible diesel and other direct emis- insert the following: (D); lished pursuant to section 201(a) for the fol- sion control technologies that remove black lowing calendar year for real, verifiable, ad- carbon effectively; (F) reductions in black carbon emissions from heavy-duty diesel engines and diesel ditional, permanent, and enforceable reduc- (vii) full lifecycle and net climate impacts tions in emissions of black carbon from of installation of diesel particulate filters on nonroad equipment operating in the United States, if the Administrator has made a de- heavy-duty diesel engines and nonroad diesel existing diesel on- and off-road engines, in- equipment in the United States that are cluding verification of those lifecycles and termination of the carbon dioxide equivalent for black carbon under section 202(l); and achieved through the use of— impacts; and (1) diesel particulate filters that are (viii) diesel and other direct emission con- (G) any other category proposed to the Ad- ministrator by petition. verified by the Administrator or the Cali- trol technologies, operations, or strategies fornia Air Resources Board; or that remove or reduce black carbon, includ- On page 86, line 11, strike ‘‘include’’ and in- sert ‘‘with respect to agricultural, forestry, (2) other emission reduction methodology ing estimates of costs and effectiveness; and that the Administrator determines will pro- (2) recommendations of the Administrator or other land use-related offset projects, in- clude’’. vide an equal or greater reduction in diesel regarding— black carbon emissions. (A) areas of focus for additional research On page 91, line 12, insert ‘‘for agricultural, SEC. 1142. DISTRIBUTION. for technologies, operations, and strategies forestry, or other land use-related offset Not later than 1 year after the date of en- with the highest potential to reduce black projects’’ after ‘‘issue a methodology’’. actment of this Act, the Administrator shall carbon, methane, and tropospheric ozone On page 112, between lines 2 and 3, insert establish a program that includes a system precursor emissions; the following: for distributing to individual entities the (B) actions that the Federal Government SEC. 312. BLACK CARBON REDUCTION OFFSET emission allowances allocated under section could take to encourage or require addi- PROJECTS. 1141, based on verified reductions in black tional black carbon, methane, and tropo- Offset projects described in section 302(b)(2)(F) shall not be subject to sections carbon emissions. spheric ozone precursor emission reductions; On page 438, line 10, insert ‘‘, the reduction and 304 through 310. On page 159, line 5, strike ‘‘The Adminis- of black carbon emissions,’’ after ‘‘sustain- (C) the development of a climate-beneficial able economic growth’’. tropospheric ozone reduction strategy, and a trator’’ and insert ‘‘Beginning in calendar description of the relationship of that strat- year 2020, the Administrator’’. On page 159, between lines 18 and 19, insert SA 4916. Mr. WYDEN (for himself, egy to the ozone reduction strategy in effect the following: Mr. BINGAMAN, Mr. DOMENICI, Mr. JOHN- as of the date of enactment of this Act. (c) REDUCING BLACK CARBON AND METHANE SON HUNE ALAZAR (b) REPORT.—Not later than 180 days after , Mr. T , Mr. S , Mr. the date of enactment of this Act, the Ad- EMISSIONS OVER THE SHORT TERM.— SMITH, Mr. BARRASSO, Mr. ENZI, Mrs. ministrator shall submit to Congress a re- (1) REDUCTION OF BLACK CARBON EMISSIONS FEINSTEIN, Mr. CRAPO, and Ms. CANT- port describing the results of the study. FROM DIESEL ENGINES.— WELL) submitted an amendment in- (c) AUTHORIZATION OF APPROPRIATIONS.— (A) IN GENERAL.—The Administrator shall tended to be proposed by him to the use a portion of the proceeds from each cost- There are authorized to be appropriated such bill S. 3036, to direct the Administrator sums as are necessary to carry out this sec- containment auction for each of calendar tion. years 2013 through 2019 to carry out the pro- of the Environmental Protection Agen- On page 71, between lines 14 and 15, insert gram established by the Administrator under cy to establish a program to decrease the following: subparagraph (B). emissions of greenhouse gases, and for

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.130 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5275 other purposes; which was ordered to auctions conducted pursuant to section 1402, SEC. 434. CONGRESSIONAL OVERSIGHT OF lie on the table; as follows: immediately on receipt of those proceeds, in BOARD EXPENDITURES. the Deficit Reduction Fund. (a) BUDGET REQUESTS.—In each annual re- On page 342, strike lines 10 and 11 and in- SEC. 1404. DISBURSEMENTS FROM FUND. quest for appropriations by the President, sert the following: the Office of Management and Budget shall No disbursement shall be made from the United States.’’; identify the portion thereof intended for the Deficit Reduction Fund, except pursuant to (3) by striking subparagraph (L) (as redes- support of the board established by section an appropriation Act. ignated by paragraph (1)) and inserting the 432 and include a statement by such board— following: TITLE llFUEL ASSISTANCE FUND (1) showing the amount requested by the ‘‘(L) RENEWABLE BIOMASS.—The term ‘re- SEC. ll01. FUEL ASSISTANCE FUND. board in its budgetary presentation to the newable biomass’ means— (a) IN GENERAL.—There is established in Office of Management and Budget; and ‘‘(i) nonmerchantable materials, (2) an assessment of the budgetary needs of precommercial thinnings, or invasive species the Treasury of the United States a fund, to be known as the ‘‘Fuel Assistance Fund’’. the board. from National Forest system land and public (b) DIRECT TRANSMITTAL TO CONGRESS.— (b) DEPOSITS.—The Administrator shall de- land (as defined in section 103 of the Federal The board established by section 431 shall Land Policy and Management Act of 1976 (43 posit such proceeds of auctions conducted pursuant to section 1402 as may be necessary transmit to Congress copies of budget esti- U.S.C. 17902)) that— mates, requests, and information (including ‘‘(I) are byproducts of preventive treat- to provide sufficient funds for the purposes of subsection (c). personnel needs), legislative recommenda- ments that are removed (such as trees, wood, tions, prepared testimony for congressional (c) DISBURSEMENTS.—The Administrator brush, thinnings, chips, and slash)— hearings, and comments on legislation at the shall, without further appropriation, trans- ‘‘(aa) to reduce hazardous fuels; same time they are sent to the Office of fer such funds from the Fuel Assistance ‘‘(bb) to reduce or contain disease or insect Management and Budget. An officer of an Fund to the Highway Trust Fund and the infestation; or agency may not impose conditions on or im- Airport and Airways Trust Fund as are nec- ‘‘(cc) to restore ecosystem health; pair communications by the board estab- essary to equal the reduction in revenues ‘‘(II) would not otherwise be used for high- lished by section 431 with Congress, or a transferred to such Trust Funds resulting er-value products; and committee or Member of Congress, about the from the operation of section ll02. ‘‘(III) are removed in accordance with— information. ‘‘(aa) applicable law and land management SEC. ll02. RATE REDUCTION IN FEDERAL On page 145, line 17, strike ‘‘436’’ and insert plans; and MOTOR FUEL EXCISE TAXES EQUIV- ‘‘435’’. ALENT TO INCREASE IN MOTOR ‘‘(bb) the requirement for old-growth main- On page 163, line 2, insert ‘‘(A) IN GEN- tenance, restoration, and management direc- FUEL PRICES RESULTING FROM THIS ACT. ERAL.—’’ before ‘‘The’’. tion of subsection (e)(2) of section 102 of the The Administrator of the Energy Informa- On page 163, after line 5, insert the fol- Healthy Forests Restoration Act of 2003 (16 tion Administration shall determine and re- lowing: U.S.C. 6512) and the requirements for large- (b) TREATMENT OF PROCEEDS.—Notwith- port to the Secretary of the Treasury on a tree retention of subsection (f) of that sec- standing section 3302 of title 31, United quarterly basis any necessary reduction in tion; or States Code, any proceeds collected under the rates of tax under sections 4041 and 4081 ‘‘(ii) any organic matter that is available this section— of the Internal Revenue Code of 1986 equiva- on a renewable or recurring basis from non- (1) shall be credited as offsetting collec- lent to the estimated increase in prices in Federal land or land belonging to an Indian tions to carry out activities authorized the motor fuels subject to such rates of tax or Indian tribe that is held in trust by the under section 534; resulting from the operation of this Act for United States or subject to a restriction (2) shall be available for expenditure only such quarter. Notwithstanding any other against alienation imposed by the United to pay the costs of carrying out the pro- provision of the Internal Revenue Code of States, including— grams under section 534; and 1986, the Secretary of the Treasury shall by ‘‘(I) renewable plant material, including— (3) shall be available only to the extent regulation provide for such quarterly reduc- ‘‘(aa) feed grains; provided for in advance in an appropriations tions through the use of floor stock refunds ‘‘(bb) other agricultural commodities; Act. and floor stock taxes. ‘‘(cc) other plants and trees; and On page 164, line 2, strike ‘‘further appro- ‘‘(dd) algae; and priation or’’. ‘‘(II) waste material, including— SA 4919. Mr. COLEMAN submitted an On page 164, line 12, strike ‘‘further appro- ‘‘(aa) crop residue; amendment intended to be proposed by priation or’’. ‘‘(bb) other vegetative waste materials (in- him to the bill S. 3036, to direct the Ad- On page 164, lines 19 and 20, strike ‘‘further cluding wood waste and wood residues); ministrator of the Environmental Pro- appropriations or’’. ‘‘(cc) animal waste and byproducts (includ- tection Agency to establish a program On page 224, strike lines 6 through 11 and ing fats, oils, greases, and manure); and to decrease emissions of greenhouse insert the following: ‘‘(dd) food waste and yard waste.’’; and gases, and for other purposes; which (f) TREATMENT OF PROCEEDS.—Notwith- (4) by striking subparagraph (O) (as standing section 3302 of title 31, United redesig- was ordered to lie on the table; as fol- States Code, all proceeds collected under sec- lows: tion 611— SA 4917. Mr. COLEMAN submitted an On page 194, strike lines 14 through 19 and (1) shall be credited as offsetting collec- amendment intended to be proposed by insert the following: tions to carry out the grants described in him to the bill S. 3036, to direct the Ad- (1) IN GENERAL.—The Administrator shall subsections (g) through (i); ministrator of the Environmental Pro- include, in the regulations promulgated pur- (2) shall be available to the Secretary of suant to subsection (a), provisions for dis- Transportation for expenditure only to pay tection Agency to establish a program tributing solely among rural electric co- the costs of carrying out the grants de- to decrease emissions of greenhouse operatives (in addition to allowances made scribed in subsections (g) through (i); gases, and for other purposes; which available to rural electric cooperatives under (3) shall be available only to the extent was ordered to lie on the table; as fol- subsection (a) and subtitle A of Title VI), 1 provided for in advance in an appropriations lows: percent of the quantity of emission allow- Act; and On page 291, between lines 4 and 5, insert ances established pursuant to section 201(a) (4) shall remain available until expended. the following: for each of calendar years 2012 through 2030. On page 225, line 16, strike ‘‘Adminis- (10) Municipal solid waste. trator’’ and insert ‘‘Secretary of Transpor- SA 4920. Mr. REID (for Mr. BYRD (for tation’’. SA 4918. Mr. COLEMAN submitted an himself, Mrs. MURRAY, Mr. DORGAN, On page 228, line 24, strike ‘‘Adminis- trator’’ and insert ‘‘Secretary of Transpor- Mr. LEAHY, Mr. DURBIN, Mrs. FEIN- amendment intended to be proposed by tation’’. him to the bill S. 3036, to direct the Ad- STEIN, and Ms. MIKULSKI)) submitted an On page 241, after line 4, insert the fol- ministrator of the Environmental Pro- amendment intended to be proposed by lowing: tection Agency to establish a program Mr. REID to the bill S. 3036, to direct (c) USE OF FUNDS.—Notwithstanding sec- to decrease emissions of greenhouse the Administrator of the Environ- tion 3302 of title 31, United States Code, any gases, and for other purposes; which mental Protection Agency to establish proceeds collected under section 613— was ordered to lie on the table; as fol- a program to decrease emissions of (1) shall be credited as offsetting collec- lows: greenhouse gases, and for other pur- tions to carry out section 614; (2) shall be available for expenditure only On page 459, strike lines 1 through 7 and in- poses; which was ordered to lie on the to pay for the costs of carrying out the ac- sert the following: table; as follows: tivities described in section 614(d); SEC. 1403. DEPOSITS. On page 143, strike beginning with line 1 (3) shall be available only to the extent Except as provided in section ll01(b), the through page 144, line 21, and insert the fol- provided for in advance in an appropriations Administrator shall deposit all proceeds of lowing: Act; and

VerDate Aug 31 2005 07:15 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.131 S05JNPT1 smartinez on PROD1PC64 with SENATE S5276 CONGRESSIONAL RECORD — SENATE June 5, 2008 (4) shall remain available until expended. (2) shall be available for expenditure only (i) credited as offsetting collections to On page 264, line 14, strike ‘‘Amounts’’ and to pay the costs of carry out the awards de- carry out activities authorized under section insert ‘‘Notwithstanding section 3302 of title scribed in section 1115; 1332; 31, United States Code, amounts’’. (3) shall be available only to the extent (ii) available for expenditure only to pay On page 264, strike lines 21 through 25 and provided for in advance in an appropriations the costs of carrying out the program under insert the following: Act; and such section; and 7403, 7601(d)) shall be— (4) shall remain available until expended. (iii) available only to the extent provided (1) credited as offsetting collections to On page 356, line 10, strike ‘‘Amounts’’ and for in advance in an appropriations Act. carry out the program under subsection (b); insert ‘‘Notwithstanding section 3302 of title At the end of the bill insert the following: (2) shall be available for expenditure only 31, United States Code, amounts’’. SEC. ll. BUDGETARY TREATMENT. to pay the costs of carrying out the program On page 356, strike lines 13 through 21 and Notwithstanding any provision of title III under subsection (b) in accordance with the insert the following: of the Congressional Budget Act of 1974, for purposes described in paragraph (2) of sub- (1) credited as offsetting collections; fiscal year 2012 and thereafter, the Commit- section (b); (2) shall be available only to the extent tees on the Budget of the Senate and of the (3) shall be available only to the extent provided for in advance in an appropriations House of Representatives shall treat any provided for in advance in an appropriations Act; amounts in this Act that— Act; and (3) shall remain available until expended; (1) are credited as offsetting collections; (4) shall remain available until expended. and and On page 270, line 15, strike ‘‘Deposits’’ and (4) shall be used to pay for wildland fire (2) are available only to the extent pro- insert ‘‘Notwithstanding section 3302 of title suppression activities, the costs of which are vided in advance in an appropriations Act; 31, United States Code, deposits’’. in excess of amounts annually appropriated as discretionary offsets to appropriations On page 270, line 21, strike ‘‘needs; and’’ to the Secretary of the Interior (referred to made in annual appropriations Acts. and insert ‘‘needs;’’. in this section as the ‘‘Secretary’’) for nor- On page 270, strike lines 22 through 25 and mal, nonemergency wildland fire suppression SA 4921. Mr. GRAHAM (for himself, insert the following: activities. Mr. MCCAIN, and Mr. STEVENS) sub- (B) shall be credited as offsetting collec- On page 358, strike lines 13 through 20 and mitted an amendment intended to be tions to carry out the purposes of the Land insert the following: proposed by him to the bill S. 3036, to and Water Conservation Fund; (1) credited as offsetting collections; (2) shall be available only to the extent direct the Administrator of the Envi- (C) shall be available only to the extent ronmental Protection Agency to estab- provided for in advance in an appropriations provided for in advance in an appropriations Act; and Act; lish a program to decrease emissions of (D) shall remain available until expended. (3) shall remain available until expended; greenhouse gases, and for other pur- On page 271, lines 1 and 2, strike ‘‘deposited and poses; which was ordered to lie on the in’’ and insert ‘‘appropriated from’’. (4) shall be used to pay for wildland fire table; as follows: On page 271, line 3, strike ‘‘(1)’’ and insert suppression activities, the costs of which are At the end of title IX, insert the following: in excess of amounts annually appropriated ‘‘(2)’’. Subtitle C—Nuclear Power Generation On page 297, strike lines 11 through 18 and to the Secretary of Agriculture (referred to insert the following: in this section as the ‘‘Secretary’’) for nor- PART I—NUCLEAR POWER TECHNOLOGY Notwithstanding section 3302 of title 31, mal, nonemergency wildland fire suppression AND MANUFACTURING United States Code, any proceeds collected activities. SEC. 921. DEFINITIONS. under section 903— On page 371, line 1, strike ‘‘Amounts’’ and In this part: (1) shall be credited as offsetting collec- insert ‘‘Notwithstanding section 3302 of title (1) ENGINEERING INTEGRATION COSTS.—The tions to carry out section 906; 31, United States Code, amounts’’. term ‘‘engineering integration costs’’ in- (2) shall be available for expenditure only On page 371, after line 3, insert the fol- cludes the costs of engineering tasks relating to pay the costs of carrying out section 906; lowing: to— (3) shall be available only to the extent (1) credited as offsetting collections; (A) the redesign of manufacturing proc- provided for in advance in an appropriations (2) shall be available only to the extent esses to produce qualifying components and Act; and provided for in advance in an appropriations nuclear power generation technologies; (4) shall remain available until expended. Act; (B) the design of new tooling and equip- On page 304, strike lines 5 through 7 and in- (3) shall remain available until expended; ment for production facilities that produce sert the following: and qualifying components and nuclear power Notwithstanding section 3302 of title 31, On page 371, line 4, strike ‘‘(1)’’ and insert generation technologies; and United States Code, any proceeds collected ‘‘(4)’’. (C) the establishment or expansion of man- On page 371, lines 11 and 12, strike ‘‘sub- under section 911— ufacturing operations for qualifying compo- title; and’’ and insert ‘‘subtitle;’’. nents and nuclear power generation tech- (1) shall be credited as offsetting collec- On page 371, strike lines 13 and 14. tions to carry out subtitle B or section 5012 On page 441, line 23, strike ‘‘All’’ and insert nologies. (2) NUCLEAR POWER GENERATION.—The term of the PACE-Energy Act (42 U.S.C. 16538); ‘‘(1) IN GENERAL.—’’. (2) shall be available for expenditure only On page 441, line 24, strike ‘‘, without fur- ‘‘nuclear power generation’’ means genera- to pay the costs of carrying out subtitle B or ther appropriation or fiscal year limita- tion of electricity by an electric generation section 5012 of the PACE-Energy Act (42 tion,’’. unit that— U.S.C. 16538); On page 442, after line 2, insert the fol- (A) emits no carbon dioxide into the at- (3) shall be available only to the extent lowing: mosphere; provided for in advance in an appropriations (2) TREATMENT OF FUNDS.—Notwith- (B) uses uranium as its fuel source; and Act; and standing section 3302 of title 31, United (C) was placed into commercial service (4) shall remain available until expended. States Code, the funds made available pursu- after the date of enactment of this Act. On page 305, strike lines 6 through 15 and ant to this subsection shall be— (3) NUCLEAR POWER GENERATION TECH- insert the following: (A) credited as offsetting collections to NOLOGY.—The term ‘‘nuclear power genera- Notwithstanding section 3302 of title 31, carry out activities authorized by section tion technology’’ means a technology used to United States Code, any proceeds under sec- 114; produce nuclear power generation. tion 1002— (B) available for expenditure only to pay (4) QUALIFYING COMPONENT.—The term (1) shall be credited as offsetting collec- the costs of carrying out the program estab- ‘‘qualifying component’’ means a component tions to carry out the Kick-Start Program lished by section 114; and that the Secretary of Energy determines to under section 1005; (C) available only to the extent provided be specially designed for nuclear power gen- (2) shall be available for expenditure only for in advance in an appropriations Act. eration technology. to pay the costs of carry out the Kick-Start On page 449, strike beginning with line 20 SEC. 922. NUCLEAR POWER TECHNOLOGY FUND. Program under section 1005; through page 450, line 2, and insert the fol- (a) ESTABLISHMENT.—There is established (3) shall be available only to the extent lowing: in the Treasury of the United States a fund provided for in advance in an appropriations (1) USE OF FUNDS.— to be known as the ‘‘Nuclear Power Tech- Act; and (A) IN GENERAL.—Notwithstanding section nology Fund’’. (4) shall remain available until expended. 3302 of title 31, United States Code, amounts (b) AUCTIONS.— On page 333, strike lines 18 through 24, and deposited in the Fund under section 1331(b)(3) (1) IN GENERAL.—In accordance with para- insert the following: shall be made available to carry out— graph (2), to raise funds for deposit in the Notwithstanding section 3302 of title 31, (i) the Program; and Nuclear Power Technology Fund, the Admin- United States Code, all proceeds collected (ii) international activities that meet the istrator shall auction— under section 1112— requirements described in paragraph (8). (A) for each of calendar years 2012 through (1) shall be credited as offsetting collec- (B) TREATMENT OF FUNDS.—The amounts 2021, 2 percent of the emission allowances es- tions to carry out awards described in sec- deposited in the Fund under section 1331(b)(3) tablished pursuant to section 201(a) for that tion 1115; shall be— calendar year;

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.137 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5277 (B) for each of calendar years 2022 through Energy, shall promulgate regulations for the (B) engineering integration costs of nu- 2030, 1 percent of the emission allowances es- licensing of facilities for recovery and use of clear power generation technology and quali- tablished pursuant to section 201(a) for that spent nuclear fuel that provide reasonable fying components; and calendar year; and assurance that licenses issued for that pur- (C) property, machine tools, and other (C) for each of calendar years 2031 through pose will not be counter to the defense, secu- equipment acquired or constructed primarily 2050, 1 percent of the emission allowances es- rity, and national interests of the United to enable the recipient to test equipment tablished pursuant to section 201(a) for that States. necessary for the construction or operation calendar year. SEC. 924. FINANCIAL INCENTIVES PROGRAM. of a nuclear power generation facility. (2) NUMBER; FREQUENCY.—For each cal- (2) AMOUNT.—The Climate Change Tech- (a) IN GENERAL.—For each fiscal year be- endar year during the period described in nology Board shall use the amounts made ginning on or after October 1, 2010, the Cli- paragraph (1), the Administrator shall— available to carry out this section to make mate Change Technology Board established (A) conduct not fewer than 4 auctions; and awards to entities for the manufacturing of under section 431 shall competitively award (B) schedule the auctions in a manner to nuclear power generation technology. financial incentives under this part in the ensure that— following technology categories: SEC. 926. SELECTION CRITERIA. (i) each auction takes place during the pe- (1) The production of electricity from new In making awards under this part to pro- riod beginning 330 days before, and ending 60 nuclear power generation. ducers, manufacturers, and suppliers of nu- days before, the beginning of each calendar (2) Facility establishment or conversion by clear power generation technology and quali- year; and manufacturers and suppliers of nuclear fying components, the Climate Change Tech- (ii) the interval between each auction is of power generation technology and qualifying nology Board shall select producers, manu- equal duration. components. facturers, and suppliers that— (c) DEPOSITS.—Immediately upon the re- (1) document the greatest use of domesti- (b) REQUIREMENTS.— ceipt of proceeds of auctions conducted pur- cally-sourced parts and components; suant to subsection (b), the Administrator (1) IN GENERAL.—The Climate Change Tech- nology Board shall make awards under this (2) return to productive service existing shall deposit all of the proceeds into the Nu- idle manufacturing capacity; clear Power Technology Fund. section to— (A) domestic producers of new nuclear (3) are located in States with the greatest (d) USE OF FUNDS.—For each of calendar availability of unemployed manufacturing years 2012 through 2050, all funds deposited in power generation; (B) manufacturers and suppliers of nuclear workers; the Nuclear Power Technology Fund for the (4) demonstrate a high probability of com- preceding year under subsection (c) shall be power generation technology and qualifying components; and mercial success; and made available, without further appropria- (5) meet other appropriate criteria, as de- tion or fiscal year limitation, to the Climate (2) BASIS FOR AWARDS.—The Climate Change Technology Board shall make awards termined by the Climate Change Technology Change Technology Board established under Board. section 431 to carry out the financial incen- under this section— PART II—ACCELERATED DEPRECIATION tives program established under section 924. (A) in the case of producers of new nuclear power generation, based on the bid of each SEC. 931. 5-YEAR ACCELERATED DEPRECIATION SEC. 923. SPENT FUEL RECYCLING PROGRAM. producer in terms of dollars per megawatt- PERIOD FOR NEW NUCLEAR POWER (a) PURPOSE.—It is the policy of the United hour of electricity generated; PLANTS. States to recycle spent nuclear fuel to ad- (B) in the case of manufacturers and sup- (a) IN GENERAL.—Subparagraph (B) of sec- vance energy independence by maximizing pliers of nuclear power generation tech- tion 168(e)(3) of the Internal Revenue Code of the energy potential of nuclear fuel in a pro- nology and qualifying components, based on 1986 is amended by striking ‘‘and’’ at the end liferation-resistant manner that reduces the the criteria described in section 926; and of clause (v), by striking the period at the quantity of waste dedicated to a permanent (C) in the case of owners or operators of ex- end of clause (vi)(III) and inserting ‘‘, and’’, Federal repository. isting nuclear power generating facilities, and by inserting after clause (vi) the fol- (b) SPENT FUEL RECYCLING RESEARCH AND based upon criteria described in section 926. lowing new clause: DEVELOPMENT FACILITY.— (3) ACCEPTANCE OF BIDS.—In making awards ‘‘(vii) any advanced nuclear power facility (1) IN GENERAL.—Not later than 1 year after under this subsection, the Climate Change (as defined in section 45J(d)(1), determined the date of enactment of this Act, the Sec- Technology Board shall— without regard to subparagraph (B) thereof) retary shall begin construction of a spent (A) solicit bids for reverse auction from ap- the original use of which commences with fuel recycling research and development fa- propriate producers, manufacturers, and sup- the taxpayer after December 31, 2008.’’. cility. pliers, as determined by the Climate Change (b) CONFORMING AMENDMENT.—Section (2) PURPOSE.—The facility described in Technology Board; and 168(e)(3)(E)(vii) of the Internal Revenue Code paragraph (1) shall serve as the lead site for (B) award financial incentives to the pro- of 1986 is amended by inserting ‘‘and not de- continuing research and development of ad- ducers, manufacturers, and suppliers that scribed in subparagraph (B)(vii) of this para- vanced nuclear fuel cycles and separation submit the lowest bids that meet the re- graph’’ after ‘‘section 1245(a)(3)’’. technologies. quirements established by the Climate (c) EFFECTIVE DATE.—The amendments (3) SITE SELECTION.—In selecting a site for Change Technology Board. made by this section shall apply to property the facility, the Secretary shall give pref- placed in service after December 31, 2008. erence to a site that has— SEC. 925. FORMS OF AWARDS. (A) the most technically sound bid; (a) NUCLEAR POWER GENERATORS.— SA 4922. Mr. MARTINEZ submitted (1) IN GENERAL.—An award for nuclear (B) a demonstrated technical expertise in an amendment intended to be proposed spent fuel recycling; power generation under this part shall be in (C) proximity to existing and proposed nu- the form of a contract to provide a produc- by him to the bill S. 3036, to direct the clear reactors; and tion payment for commercial service of the Administrator of the Environmental (D) community support. generation unit in an amount equal to the Protection Agency to establish a pro- (c) CONTRACTS.—The Secretary shall use product obtained by multiplying— gram to decrease emissions of green- amounts in the Nuclear Power Technology (A) the amount bid by the producer of the house gases, and for other purposes; Fund, and such other amounts as are appro- nuclear power generation; and which was ordered to lie on the table; priated to carry out this section, to enter (B) except as provided in paragraph (2), the as follows: into long-term contracts with private sector net megawatt-hours generated by the nu- At the end, add the following: entities for the recycling of spent nuclear clear power generation unit each year during fuel. the first 10 years following the end of the TITLE XVIII—NUCLEAR POWER (d) COMPETITIVE SELECTION.—Contracts calendar year of the award. SEC. 1801. AUTHORIZATION FOR NUCLEAR awarded under subsection (c) shall be award- (2) FIRST YEAR.—For purposes of paragraph POWER 2010 PROGRAM. ed on the basis of a competitive bidding proc- (1)(B), the first year of commercial service of Section 952(c) of the Energy Policy Act of ess that— the generating unit shall be within 5 years of 2005 (42 U.S.C. 16014) is amended by striking (1) maximizes the competitive efficiency of the end of the calendar year of the award. paragraphs (1) and (2) and inserting the fol- the projects funded; (b) MANUFACTURING OF NUCLEAR POWER lowing: (2) best serves the goal of reducing the GENERATION TECHNOLOGY.— ‘‘(1) IN GENERAL.—The Secretary shall amount of waste requiring disposal under (1) IN GENERAL.—An award for facility es- carry out a Nuclear Power 2010 Program to this Act; and tablishment or conversion costs for nuclear position the nation to start construction of (3) ensures adequate protection against the power generation technology under this part new nuclear power plants by 2010 or as close proliferation of nuclear materials that could shall be in an amount equal to not more to 2010 as achievable. be used in the manufacture of nuclear weap- than 30 percent of the cost of— ‘‘(2) SCOPE OF PROGRAM.—The Nuclear ons. (A) establishing, reequipping, or expanding Power 2010 Program shall be cost-shared (e) REGULATORY AUTHORITY.—Not later a manufacturing facility to produce— with the private sector and shall support the than 1 year after the date of enactment of (i) qualifying nuclear power generation following objectives: this Act, the Nuclear Regulatory Commis- technology; or ‘‘(A) Demonstrating the licensing process sion, in collaboration with the Secretary of (ii) qualifying components; for new nuclear power plants, including the

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00151 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.138 S05JNPT1 smartinez on PROD1PC64 with SENATE S5278 CONGRESSIONAL RECORD — SENATE June 5, 2008 Nuclear Regulatory Commission process for without reimbursement, as may be necessary the Secretary for purposes of carrying out obtaining early site permits (ESPs), com- to carry out the group’s functions. this title $20,000,000 for fiscal years 2008 and bined construction/operating licenses (3) DUTIES OF THE INTERAGENCY WORKING 2009. (COLs), and design certifications. GROUP.— (b) CREDIT FOR QUALIFYING NUCLEAR POWER ‘‘(B) Conducting first-of-a-kind design and (A) Within 6 months of enactment, the MANUFACTURING.—Subpart E of part IV of engineering work on at least two advanced interagency working group established under subchapter A of chapter 1 of the Internal nuclear reactor designs sufficient to bring section (1)(A) shall identify the actions nec- Revenue Code of 1986 is amended by inserting those designs to a state of design completion essary to promote the safe development and after section 48B the following new section: sufficient to allow development of firm cost application in foreign countries of nuclear ‘‘SEC. 48C. QUALIFYING NUCLEAR POWER MANU- estimates. energy products and services in order to— FACTURING CREDIT. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— (i) increase electricity generation from nu- ‘‘(a) IN GENERAL.—For purposes of section There are authorized to be appropriated to clear energy sources through development of 46, the qualifying nuclear power manufac- the Secretary to carry out the Nuclear new generation facilities; turing credit for any taxable year is an Power 2010 Program— (ii) improve the efficiency, safety and/or amount equal to 20 percent of the qualified ‘‘(A) $159,600,000 for fiscal year 2009 reliability of existing nuclear generating fa- investment for such taxable year. ‘‘(B) $135,600,000 for fiscal year 2010 cilities through modifications; and ‘‘(b) QUALIFIED INVESTMENT.— ‘‘(C) $46,900,000 for fiscal year 2011 (iii) enhance the safe treatment, handling, ‘‘(1) IN GENERAL.—For purposes of sub- ‘‘(D) $2,200,000 for fiscal year 2012.’’. storage and disposal of used nuclear fuel. section (a), the qualified investment for any (B) Within 6 months of enactment, the SEC. 1802. DOMESTIC MANUFACTURING BASE taxable year is the basis of eligible property FOR NUCLEAR COMPONENTS AND interagency working group shall identify placed in service by the taxpayer during such EQUIPMENT. mechanisms (including, but not limited to, taxable year – (a) ESTABLISHMENT OF INTERAGENCY WORK- tax stimulus for investment, loans and loan ‘‘(A) which is either part of a qualifying ING GROUP.— guarantees, and grants) necessary for U.S. nuclear power manufacturing project or is (1) PURPOSES.—The purposes of this section companies to increase their capacity to qualifying nuclear power manufacturing are— produce or provide nuclear energy products equipment; (A) to increase the competitiveness of the and services, and to increase their exports of ‘‘(B)(i) the construction, reconstruction, or United States nuclear energy products and nuclear energy products and services. The erection of which is completed by the tax- services industries; interagency working group shall identify ad- (B) to identify the stimulus or incentives ministrative or legislative initiatives nec- payer; or necessary to cause U.S. manufacturers of nu- essary to— ‘‘(ii) which is acquired by the taxpayer if clear energy products to expand manufac- (i) encourage United States companies to the original use of such property commences turing capacity; increase their manufacturing capacity for with the taxpayer; (C) to facilitate the export of United States nuclear energy products; ‘‘(C) with respect to which depreciation (or nuclear energy products and services; (ii) provide technical and financial assist- amortization in lieu of depreciation) is al- (D) to reduce the trade deficit of the ance and support to small and mid-sized lowable; and United States through the export of United businesses to establish quality assurance ‘‘(D) which is placed in service on or before States nuclear energy products and services; programs in accordance with domestic and December 31, 2015. (E) to retain and create nuclear energy international nuclear quality assurance code ‘‘(2) SPECIAL RULE FOR CERTAIN SUBSIDIZED manufacturing and related service jobs in requirements; PROPERTY.—Rules similar to section 48(a)(4) the United States; (iii) encourage, through financial incen- shall apply for purposes of this section. (F) to integrate the objectives in para- tives, private sector capital investment to ‘‘(3) CERTAIN QUALIFIED PROGRESS EXPENDI- graphs (1) through (4) in a manner consistent expand manufacturing capacity; and TURES RULES MADE APPLICABLE.—Rules simi- with the interests of the United States, into (iv) provide technical assistance and finan- lar to the rules of subsections (c)(4) and (d) of the foreign policy of the United States; cial incentives to small and mid-sized busi- section 46 (as in effect on the day before the (G) to authorize funds for increasing nesses to develop the workforce necessary to enactment of the Revenue Reconciliation United States capacity to manufacture nu- increase manufacturing capacity and meet Act of 1990) shall apply for purposes of this clear energy products and supply nuclear en- domestic and international nuclear quality section. ergy services. assurance code requirements. ‘‘(c) DEFINITIONS.—For purposes of this sec- (2) ESTABLISHMENT.— (C) Within 9 months of enactment, the tion— (A) There shall be established an inter- interagency working group shall provide a ‘‘(1) QUALIFYING NUCLEAR POWER MANUFAC- agency working group that, in consultation report to Congress on its findings under sec- TURING PROJECT.—The term ‘qualifying nu- with representative industry organizations tion (2)(A) and (B), including recommenda- clear power manufacturing project’ means and manufacturers of nuclear energy prod- tions for new legislative authority where any project which is designed primarily to ucts, shall make recommendations to coordi- necessary. enable the taxpayer to produce or test equip- nate the actions and programs of the Federal (4) TRADE ASSISTANCE.—The interagency ment necessary for the construction or oper- Government in order to promote increasing working group shall encourage the member ation of a nuclear power plant. domestic manufacturing capacity and export agencies of the interagency working group ‘‘(2) QUALIFYING NUCLEAR POWER MANUFAC- of domestic nuclear energy products and to— TURING EQUIPMENT.—The term ‘qualifying nu- services. (A) provide technical training and edu- clear power manufacturing equipment’ (B) The Interagency Working Group shall cation for international development per- means machine tools and other similar be composed of — sonnel and local users in their own country; equipment, including computers and other (i) The Secretary of Energy, or the Sec- (B) provide financial and technical assist- peripheral equipment, acquired or con- retary’s designee, shall chair the interagency ance to nonprofit institutions that support structed primarily to enable the taxpayer to working group. The Secretary of Energy the marketing and export efforts of domestic produce or test equipment necessary for the shall provide staff for carrying out the func- companies that provide nuclear energy prod- construction or operation of a nuclear power tions of the interagency working group es- ucts and services; plant. tablished under this section. (C) develop nuclear energy projects in for- ‘‘(3) PROJECT.—The term ‘project’ includes (ii) Representatives of — eign countries; any building constructed to house qualifying (I) the Department of Energy; (D) provide technical assistance and train- nuclear power manufacturing equipment.’’. (II) the Department of Commerce; ing materials to loan officers of the World (c) CONFORMING AMENDMENTS.— (III) the Department of Defense; Bank, international lending institutions, (1) ADDITIONAL INVESTMENT CREDIT.—Sec- (IV) the Department of Treasury; commercial and energy attaches at embas- tion 46 of the Internal Revenue Code of 1986 (V) the Department of State; sies of the United States and other appro- is amended by— (VI) the Environmental Protection Agen- priate personnel in order to provide informa- (A) striking ‘‘and’’ at the end of paragraph cy; tion about nuclear energy products and serv- (3); (VII) the United States Agency for Inter- ices to foreign governments or other poten- (B) striking the period at the end of para- national Development; tial project sponsors; graph (4) and inserting ‘‘, and’’; and (VIII) the Export-Import Bank of the (E) support, through financial incentives, (C) inserting after paragraph (4) the fol- United States; private sector efforts to commercialize and lowing new paragraph: (IX) the Trade and Development Agency; export nuclear energy products and services ‘‘(5) the qualifying nuclear power manufac- (X) the Small Business Administration; in accordance with the subsidy codes of the turing credit.’’. (XI) the Office of the U.S. Trade Represent- World Trade Organization; and (2) APPLICATION OF SECTION 49.—Subpara- ative; and (F) augment budgets for trade and develop- graph (C) of section 49(a)(1) of such Code is (XII) other Federal agencies, as determined ment programs in order to support pre-feasi- amended by— by the President. bility or feasibility studies for projects that (A) striking ‘‘and’’ at the end of clause (iii) The heads of appropriate agencies utilize nuclear energy products and services. (iii); shall detail such personnel and furnish such (5) AUTHORIZATION OF APPROPRIATIONS.— (B) striking the period at the end of clause services to the interagency group, with or There are authorized to be appropriated to (iv) and inserting ‘‘, and’’; and

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(C) inserting after clause (iv) the following ‘‘(ii) prior to operation of the applicable fa- (b) NUCLEAR POWER FACILITY CONSTRUCTION new clause: cility, issue a determination that those re- CREDIT.—Subpart E of part IV of subchapter ‘‘(v) the basis of any property which is part quirements have been met. A of chapter 1 of the Internal Revenue Code of a qualifying nuclear power equipment ‘‘(B) NO HEARING REQUIRED.—Except as oth- of 1986, as amended by this title, is amended manufacturing project under section 48C.’’. erwise provided in section 189a.(1)(B), a de- by inserting after section 48C the following (3) TABLE OF SECTIONS.—The table of sec- termination of the Commission under this new section: tions for subpart E of part IV of subchapter paragraph shall not require a hearing. A of chapter 1 of the Internal Revenue Code ‘‘SEC. 48D. NUCLEAR POWER FACILITY CON- ‘‘(4) NEW LICENSING GOALS.—For each 6 suc- STRUCTION CREDIT. of 1986 is amended by inserting after the cessful issuances by the Commission of li- item relating to section 48B the following censes under this subsection, not later than ‘‘(a) IN GENERAL.—For purposes of section new item: 180 days after the date on which the final 46, the nuclear power facility construction ‘‘Sec. 48C. Qualifying nuclear power manu- such license is issued, the Commission shall credit for any taxable year is 10 percent of facturing credit.’’. publish a report, including recommenda- the qualified nuclear power facility expendi- tures with respect to a qualified nuclear (d) EFFECTIVE DATE.—The amendments tions, that describes— power facility. made by this section shall apply to periods ‘‘(A) potential impediments or improve- after the date of the enactment of this Act, ments that could enhance the regulatory re- ‘‘(b) WHEN EXPENDITURES TAKEN INTO AC- under rules similar to the rules of section view process of constructing new civilian nu- COUNT.— 48(m) of the Internal Revenue Code of 1986 clear power plants; ‘‘(1) IN GENERAL.—Qualified nuclear power (as in effect before the date of the enactment ‘‘(B) workforce and technology needs of the facility expenditures shall be taken into ac- of the Revenue Reconciliation Act of 1990). Commission; and count for the taxable year in which the SEC. 1803. NUCLEAR ENERGY WORKFORCE. ‘‘(C) requirements that would be required qualified nuclear power facility is placed in Section 1101 of the Energy Policy Act of for the Commission to safely license not service. 2005 (42 U.S.C. 16411) is amended (1) by redes- more than 6 new nuclear plants per year ‘‘(2) COORDINATION WITH SUBSECTION (C).— ignating subsection (d) as subsection (e); and through 2050.’’. The amount which would (but for this para- by inserting after subsection (c) the fol- SEC. 1805. HEARINGS AND JUDICIAL REVIEW. graph) be taken into account under para- lowing: Section 189 of the Atomic Energy Act of graph (1) with respect to any qualified nu- ‘‘(d) WORKFORCE TRAINING.— 1954 (42 U.S.C. 2239) is amended by striking clear power facility shall be reduced (but not ‘‘(1) IN GENERAL.—The Secretary of Labor, ‘‘a.(1)(A)’’ and all that follows through the below zero) by any amount of qualified nu- in cooperation with the Secretary of Energy, end of subparagraph (A) and inserting the clear power facility expenditures taken into shall promulgate regulations to implement a following: account under subsection (c) by the taxpayer program to provide workforce training to ‘‘(a) HEARINGS; REVIEW.— or a predecessor of the taxpayer (or, in the meet the high demand for workers skilled in ‘‘(1) HEARINGS.— case of a sale and leaseback described in sec- the nuclear utility and nuclear energy prod- ‘‘(A) PARTIES.— tion 50(a)(2)(C), by the lessee), to the extent ucts and services industries. ‘‘(i) IN GENERAL.—In any proceeding under any amount so taken into account has not ‘‘(2) CONSULTATION.—In carrying out this this Act for the granting, suspending, revok- been required to be recaptured under section subsection, the Secretary of Labor shall con- ing, or amending of any license or construc- 50(a). sult with representatives of the nuclear util- tion permit or application to transfer con- ‘‘(c) PROGRESS EXPENDITURES.— ity and nuclear energy products and services trol, in any proceeding for the issuance or ‘‘(1) IN GENERAL.—A taxpayer may elect to industries, and organized labor, concerning modification of rules and regulations regard- take into account qualified nuclear power fa- skills that are needed in those industries. ing the activities of licensees, and in any cility expenditures— ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— proceeding for the payment of compensation, ELF-CONSTRUCTED PROPERTY.—In the There are authorized to be appropriated to ‘‘(A) S an award, or royalties under section 153, 157, the Secretary of Labor, working in coordina- case of a qualified nuclear power facility 186c., or 188, the Commission shall— tion with the Secretaries of Education and which is a self-constructed facility, in the ‘‘(I) grant a hearing on request of any per- Energy $20,000,000 for each of fiscal years 2008 taxable year for which such expenditures are son the interests of which may be affected by through 2012 for use in implementing a pro- properly chargeable to capital account with the proceeding; and gram to provide workforce training to meet respect to such facility; and ‘‘(II) admit any such person as a party to the high demand for workers skilled in the ‘‘(B) ACQUIRED FACILITY.—In the case of a the proceeding. nuclear utility and nuclear energy products qualified nuclear facility which is not self- ‘‘(ii) NO REQUEST.— and services industries.’’. constructed property, in the taxable year in ‘‘(I) IN GENERAL.—In the absence of a re- which such expenditures are paid. SEC. 1804. CONSTRUCTION PERMITS AND OPER- ATING LICENSES. quest by a person described in clause (i), the ‘‘(2) SPECIAL RULES FOR APPLYING PARA- Section 185 of the Atomic Energy Act of Commission may issue a construction per- GRAPH (1).—For purposes of paragraph (1)— 1954 (42 U.S.C. 2235) is amended by striking mit, an operating license, or an amendment ‘‘(A) COMPONENT PARTS, ETC.—Property subsection (b) and inserting the following: to a construction permit or an amendment which is not self-constructed property and ‘‘(b) ISSUANCE OF LICENSES.— to an operating license without a hearing by which is to be a component part of, or is oth- ‘‘(1) IN GENERAL.—After a public hearing publishing in the Federal Register a notice erwise to be included in, any facility to under section 189a.(1)(A), the Commission of the intended issuance not later than 30 which this subsection applies shall be taken shall issue to the applicant a combined con- days before the date of issuance. into account in accordance with paragraph struction and operating license, if— ‘‘(II) EXCEPTION.—The notice requirement (1)(B); ‘‘(A) the application contains sufficient in- under subclause (I) shall not apply with re- ‘‘(B) CERTAIN BORROWING DISREGARDED.— formation to support the issuance of a com- spect to any application for an amendment Any amount borrowed directly or indirectly bined license; and to a construction permit or an amendment by the taxpayer on a nonrecourse basis from ‘‘(B) the Commission determines that there to an operating license on a determination the person constructing the facility for the is reasonable assurance that the facility— by the Commission that the amendment in- taxpayer shall not be treated as an amount ‘‘(i) will be constructed; and volves no significant hazard consideration.’’. expended for such facility; and ‘‘(ii) will operate in conformity with the li- SEC. 1806. SENSE OF SENATE. ‘‘(C) LIMITATION FOR FACILITIES OR COMPO- cense, the requirements of this Act, and the It is the sense of the Senate that the Nu- NENTS WHICH ARE NOT SELF-CONSTRUCTED.— rules and regulations of the Commission. clear Regulatory Commission should be ‘‘(i) IN GENERAL.—In the case of a facility ‘‘(2) INCLUSIONS.—The Commission shall given all necessary funding and assistance or a component of a facility which is not identify in the combined license— required by the Commission to meet the in- self-constructed, the amount taken into ac- ‘‘(A) each inspection, test, and analysis (in- creasing demand of license applications be- count under paragraph (1)(B) for any taxable cluding as applicable to emergency planning) fore the Commission. year shall not exceed the amount which rep- that the licensee shall be required to per- SEC. 1807. INVESTMENT TAX CREDIT FOR INVEST- resents the portion of the overall cost to the form; and MENTS IN NUCLEAR POWER FACILI- taxpayer of the facility or component of a fa- ‘‘(B) the acceptance criteria that, if met, TIES. cility which is properly attributable to the are necessary and sufficient to provide rea- (a) NEW CREDIT FOR NUCLEAR POWER FA- portion of the facility or component which is sonable assurance that the facility— CILITIES.—Section 46 of the Internal Revenue completed during such taxable year. ‘‘(i) has been constructed; and Code of 1986, as amended by this title, is ‘‘(ii) CARRY-OVER OF CERTAIN AMOUNTS.—In ‘‘(ii) will be operated in conformity with amended by: the case of a facility or component of a facil- the license, he requirements of this Act, and (1) striking ‘‘and’’ at the end of paragraph ity which is not self constructed, if for the the rules and regulations of the Commission. (5); taxable year— ‘‘(3) ACTION BY COMMISSION.— (2) striking the period at the end of para- ‘‘(I) the amount which (but for clause (i)) ‘‘(A) IN GENERAL.—After issuing a com- graph (5) and inserting ‘‘, and’’; and would have been taken into account under bined license under this subsection, the Com- (3) inserting after paragraph (5) the fol- paragraph (1)(B) exceeds the limitation of mission shall— lowing new paragraph: clause (i), then the amount of such excess ‘‘(i) ensure that each required inspection, ‘‘(6) the nuclear power facility construc- shall be taken into account under paragraph test, and analysis is performed; and tion credit.’’. (1)(B) for the succeeding taxable year; or

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COMPLETION.—The determination under sub- ‘‘(A) IN GENERAL.—For purposes of applying (e) CLERICAL AMENDMENT.—The table of paragraph (C)(i) of the portion of the overall this section and section 50, a nuclear power sections for subpart E of part IV of sub- cost to the taxpayer of the construction facility that is under construction shall chapter A of chapter 1 of the Internal Rev- which is properly attributable to construc- cease to be treated as a facility that will be enue Code of 1986, as amended by this title, tion completed during any taxable year shall a qualified nuclear power facility as of the is amended by inserting after the item relat- be made on the basis of engineering or archi- earlier of— ing to section 48C the following new item: tectural estimates or on the basis of cost ac- ‘‘(i) the date on which the taxpayer decides ‘‘Sec. 48D. Nuclear power facility construc- counting records. Unless the taxpayer estab- to terminate construction of the facility, or tion credit.’’. lishes otherwise by clear and convincing evi- ‘‘(ii) the last day of any 24 month period in (f) EFFECTIVE DATE.—The amendments dence, the construction shall be deemed to which the taxpayer has failed to incur quali- made by this section shall apply to periods be completed not more rapidly than ratably fied nuclear power facility expenditures to- after the date of the enactment of this Act, over the normal construction period. taling at least 20 percent of the expected under rules similar to the rules of section ‘‘(E) NO PROGRESS EXPENDITURES FOR CER- total cost of the nuclear power facility. 48(m) of the Internal Revenue Code of 1986 TAIN PRIOR PERIODS.—No qualified nuclear fa- ‘‘(B) AUTHORITY TO WAIVE.—The Secretary (as in effect before the date of the enactment cility expenditures shall be taken into ac- may waive the application of clause (ii) of of the Revenue Reconciliation Act of 1990). count under this subsection for any period subparagraph (A) if the Secretary determines SEC. 1808. CONTRACTING AND NUCLEAR WASTE before the first day of the first taxable year that the taxpayer intended to continue the FUND. to which an election under this subsection construction of the qualified nuclear power Section 302 of the Nuclear Waste Policy applies. facility and the expenditures were not in- Act of 1982 (42 U.S.C. 10222) is amended— ‘‘(F) NO PROGRESS EXPENDITURES FOR PROP- curred for reasons outside the control of the (1) in subsection (a)(1), by adding at the ERTY FOR YEAR IT IS PLACED IN SERVICE, taxpayer. end the following: ‘‘For any civilian nuclear ETC.—In the case of any qualified nuclear fa- ‘‘(C) RESUMPTION OF CONSTRUCTION.—If a power reactor a license application for which cility, no qualified nuclear facility expendi- nuclear power facility that is under con- is filed with the Commission, pursuant to its tures shall be taken into account under this struction ceases to be a qualified nuclear authority under section 103 or 104 of the subsection for the earlier of— power facility by reason of paragraph (2) and Atomic Energy Act of 1954, after the date of ‘‘(i) the taxable year in which the facility work is subsequently resumed on the con- enactment of this Act, contracts entered is placed in service, or struction of such facility— into under this section shall— ‘‘(ii) the first taxable year for which recap- ‘‘(i) the date work is subsequently resumed ‘‘(A) except as provided in subsections ture is required under section 50(a)(2) with shall be treated as the date that construc- 302(a)(1)(B), (C), (D), and (E), below, be gen- respect to such facility, or for any taxable tion began for purposes of paragraph (1); and erally consistent with the terms and condi- year thereafter. ‘‘(ii) if the facility is a qualified nuclear tions of the ‘Standard Contract for Disposal ‘‘(3) SELF-CONSTRUCTED.—For purposes of power facility, the qualified nuclear power of Spent Nuclear Fuel and/or High-Level Ra- this subsection— facility expenditures shall be determined dioactive Waste,’ as codified at part 961 of ‘‘(A) The term ‘self-constructed facility’ without regard to any delay or temporary title 10, Code of Federal Regulation, and in means any facility if it is reasonable to be- termination of construction of the facility.’’. effect on January 1, 2007; lieve that more than half of the qualified nu- (c) PROVISIONS RELATING TO CREDIT RECAP- ‘‘(B) provide for the taking of title to, and clear facility expenditures for such facility TURE.— for the Secretary to dispose of, the high-level will be made directly by the taxpayer. (1) PROGRESS EXPENDITURE RECAPTURE waste or spent nuclear fuel involved begin- ‘‘(B) A component of a facility shall be RULES.— ning no later than 15 years following the treated as not self-constructed if the cost of (A) BASIC RULES.—Subparagraph (A) of sec- start of commercial operation; the component is at least 5 percent of the ex- tion 50(a)(2) of the Internal Revenue Code of ‘‘(C) contain no provisions providing for pected cost of the facility and the component 1986 is amended to read as follows: adjustment of the 1.0 mil per kilowatt-hour is acquired by the taxpayer. ‘‘(A) IN GENERAL.—If during any taxable fee established by paragraph (2); ‘‘(4) ELECTION.—An election shall be made year any building to which section 47(d) ap- ‘‘(D) be entered into no later than 60 days under this section for a qualified nuclear plied or any facility to which section 48C(c) following the docketing of the license appli- power facility by claiming the nuclear power applied ceases (by reason of sale or other dis- cation by the Commission, or the date of en- facility construction credit for expenditures position, cancellation or abandonment of actment of this Act, whichever is later; described in paragraph (1) on a tax return contract, or otherwise) to be, with respect to ‘‘(E) provide that, on a schedule consistent filed by the due date for such return (taking the taxpayer, property which, when placed in with the Secretary’s acceptance of spent nu- into account extensions). Such an election service, will be a qualified rehabilitated clear fuel from each civilian nuclear power shall apply to the taxable year for which building or a qualified nuclear power facil- reactor or site, and completed not later than made and all subsequent taxable years. Such ity, then the tax under this chapter for such the Secretary’s completing the acceptance of an election, once made, may be revoked only taxable year shall be increased by an amount all spent nuclear fuel from that commercial with the consent of the Secretary. equal to the aggregate decrease in the cred- nuclear power reactor or site, the Secretary ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For its allowed under section 38 for all prior tax- shall accept from each such reactor or site, purposes of this section— able years which would have resulted solely all low-level radioactive waste defined in ‘‘(1) QUALIFIED NUCLEAR POWER FACILITY.— from reducing to zero the credit determined section 3(b)(1)(D) of the Low-level Radio- The term ‘qualified nuclear power facility’ under this subpart with respect to such active Waste Policy Act (42 U.S.C. means an advanced nuclear power facility, as building or facility.’’. 2021c(b)(1)(D)), as amended.’’; and defined in section 45J, the construction of (B) AMENDMENT TO EXCESS CREDIT RECAP- (2) in subsection (a)(4), by striking all after which was approved by the Nuclear Regu- TURE RULE.—Subparagraph (B) of section ‘‘herein.’’ in the second sentence; and latory Commission on or before December 31, 50(a)(2) of such Code is amended by— (3) in subsection (a)(6), by adding at the 2013. (i) inserting ‘‘or paragraph (2) of section end the following: ‘‘Further, the Secretary ‘‘(2) QUALIFIED NUCLEAR POWER FACILITY 48D(b)’’ after ‘‘paragraph (2) of section 47(b)’’; shall offer to settle any actions pending on EXPENDITURES.— (ii) inserting ‘‘or section 48D(b)(1)’’ after the date of enactment of this Act for dam- ‘‘(A) IN GENERAL.—The term ‘qualified nu- ‘‘section 47(b)(1)’’; and ages resulting from failure to commence ac- clear power facility expenditures’ means any (iii) inserting ‘‘or facility’’ after ‘‘build- cepting spent nuclear fuel or high-level ra- amount properly chargeable to capital ac- ing’’. dioactive waste on or before January 31, 1998. count— (C) AMENDMENT OF SALE AND LEASEBACK Each offer to settle shall provide for the pay- ‘‘(i) with respect to a qualified nuclear RULE.—Subparagraph (C) of section 50(a)(2) of ment of $150 to the other party to a contract power facility; such Code is amended by— for disposal of spent nuclear fuel and high- ‘‘(ii) for which depreciation is allowable (i) inserting ‘‘or section 48D(c)’’ after ‘‘sec- level radioactive waste for each kilogram of under section 168; and tion 47(d)’’; and spent nuclear fuel which such party was or ‘‘(iii) which are incurred before the quali- (ii) inserting ‘‘or qualified nuclear power shall be entitled to deliver to the Depart- fied nuclear power facility is placed in serv- facility expenditures’’ after ‘‘qualified reha- ment in a particular year, based on the fol- ice or in connection with the placement of bilitation expenditures’’. lowing aggregate acceptance rates: 400 MTU such facility in service. (D) OTHER AMENDMENT.—Subparagraph (D) for 1998; 600 MTU for 1999; 1,200 MTU for 2000; ‘‘(B) PRE-EFFECTIVE DATE EXPENDITURES.— of section 50(a)(2) of such Code is amended by 2,000 MTU for 2001; and 3,000 MTU for 2002 Qualified nuclear power facility expenditures inserting ‘‘or section 48D(c)’’ after ‘‘section and thereafter; provided that the Secretary do not include any expenditures incurred by 47(d)’’. shall adjust the payment amount per kilo- the taxpayer before January 1, 2007, unless (d) NO BASIS ADJUSTMENT.—Section 50(c) of gram of spent nuclear fuel under this sub- such expenditures constitute less than 20 the Internal Revenue Code of 1986 is amended section(a)(6) annually according to the most

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00154 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.139 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5281 recent Producer Price Index published by the the Secretary that the community is willing (C) participation in royalties, earnings, or Department of Labor. Such aggregate ac- to host a temporary spent nuclear fuel stor- profits; or ceptance rates shall be allocated among par- age facility within its jurisdiction. (D) furnishing commodities, services or ties to contracts with the United States (2) Within 90 days of the receipt of the no- other rights under a lease or other contract. based upon the age of spent nuclear fuel, as tification under subsection (a)(1), the Sec- (7) STATE.—The term ‘‘State’’ means— measured by the date of the discharge of retary shall determine whether the identi- (A) a State; such spent nuclear fuel from the civilian nu- fied site is suitable for a temporary storage (B) the District of Columbia; clear power reactor. Such offer to settle also facility. In determining the site’s suit- (C) the Commonwealth of Puerto Rico; and shall include an annual payment of $150 per ability, the Secretary will evaluate technical (D) any other territory or possession of the kilogram uranium to any such party where a feasibility and consider favorably local sup- United States. civilian nuclear power reactor has been de- port for collocating a temporary spent nu- SEC. 1903. ESTABLISHMENT OF BANK. commissioned, except for those portions of clear fuel storage facility with facilities in- the facility that cannot be decommissioned tended to develop and implement advanced (a) ESTABLISHMENT.— until removal of spent nuclear fuel and high- nuclear fuel cycle technologies. (1) IN GENERAL.—There is established in the level radioactive waste. The Secretary also (b) CONTENT OF AGREEMENTS.—If the Sec- Executive branch a bank to be known as the shall offer like compensation to parties to retary determines one or more sites to be ‘‘Clean Energy Investment Bank of the contracts entered into pursuant to section suitable in accordance with subsection (a)(2), United States,’’ which shall be an agency of 302 of the Nuclear Waste Policy Act of 1982 negotiation of a temporary spent nuclear the United States. (42 U.S.C. 10222) who brought actions for fuel storage facility agreement shall pro- (2) GOVERNMENT CORPORATION.—The Bank damages prior to the date of enactment of ceed. shall be— this Act, but which were no longer pending (1) Any temporary spent nuclear fuel stor- (A) a Government corporation (as defined as of said date, provided that such compensa- age agreement shall contain such terms and in section 103 of title 5, United States Code); tion shall be reduced by the amount of any conditions, including financial, institutional and and such other arrangements as the Sec- settlement or judgment received by such (B) subject to chapter 91 of title 31, United retary and community determine to be rea- party.’’; and States Code, except as expressly provided in sonable and appropriate. (4) in subsection (d), by adding at the end this title. (2) Any temporary spent nuclear fuel stor- the following: ‘‘No amount may be expended (b) AUTHORITY.— age agreement may be amended only with by the Secretary from the Waste Fund to (1) IN GENERAL.—The Bank shall assist in the mutual consent of the parties to the carry out research and development activi- the financing, and facilitate the commercial agreement. ties on advanced nuclear fuel cycle tech- use, of clean energy and energy efficient nologies.’’. SEC. 1811. IMPLEMENTATION OF TEMPORARY technologies within the United States. SPENT NUCLEAR FUEL STORAGE SEC. 1809. CONFIDENCE IN AVAILABILITY OF AGREEMENTS. (2) ASSISTANCE FOR ELIGIBLE PROJECTS.— WASTE DISPOSAL. (a) IN GENERAL.—Any temporary spent nu- The Bank may make investments— (a) CONGRESSIONAL DETERMINATION.—Con- clear fuel storage agreement or agreements (A) in eligible projects on such terms and gress finds that— entered into under this title shall enter into conditions as the Bank considers appropriate (1) there is reasonable assurance that high- force with respect to the United States if in accordance with this title; or level radioactive waste and spent nuclear (and only if)l (B) under title XVII of the Energy Policy fuel generated in reactors licensed by the (1) the Secretary, at least 60 days before Act of 2005 (42 U.S.C. 16511 et seq.), and any Nuclear Regulatory Commission in the past, the day on which he or she enters into the of the regulations promulgated under that currently, or in the future will be managed temporary spent nuclear fuel storage agree- Act, as the Bank considers appropriate. in a safe manner without significant envi- ment or agreements notifies the House of (3) REPAYMENT.—No loan or loan guarantee ronmental impact until capacity for ulti- Representatives and the Senate of his inten- shall be made under this subsection unless mate disposal is available; and tion to enter into the agreement or agree- the Bank determines that there is a reason- (2) the Federal Government is responsible ments, and promptly thereafter publishes no- able prospect of repayment of the principal and has an established a policy for the ulti- tice of such intention in the Federal Reg- and interest by the borrower. mate safe and environmentally sound dis- ister; and (4) PROJECT DIVERSITY.—The Bank shall en- posal of such high-level radioactive waste (2) the Governor of the state or states in sure that a reasonable diversity of projects, and spent nuclear fuel. which the facility is proposed to be located technologies, and energy sectors receive as- (b) REGULATORY CONSIDERATION.—Notwith- submits written notice to the Secretary that sistance under this subsection. standing any other provision of law, for the the Governor supports the temporary spent (c) POWERS.—In carrying out this title, the period following the licensed operation of a nuclear fuel storage agreement. Bank may— civilian nuclear power reactor or any facility TITLE XIX—CLEAN ENERGY INVESTMENT (1) conduct a general banking business for the treatment or storage of spent nuclear BANK (other than currency circulation), includ- fuel or high-level radioactive waste, no con- SEC. 1901. SHORT TITLE. ing— sideration of the public health and safety, This title may be cited as the ‘‘Clean En- (A) borrowing and lending money; common defense and security, or environ- ergy Investment Bank Act of 2008’’. (B) issuing letters of credit; mental impacts of the storage of high-level SEC. 1902. DEFINITIONS. (C) accepting bills and drafts drawn upon radioactive waste and spent nuclear fuel gen- In this title: the Bank; erated in reactors licensed by the Nuclear (1) BANK.—The term ‘‘Bank’’ means the (D) purchasing, discounting, rediscounting, Regulatory Commission in the past, cur- Clean Energy Investment Bank of the United selling, and negotiating, with or without en- rently, or in the future, is required by the States established by section 1903(a). dorsement or guaranty, and guaranteeing, Department of Energy or the Nuclear Regu- (2) BOARD.—The term ‘‘Board’’ means the notes, drafts, checks, bills of exchange, ac- latory Commission in connection with the Board of Directors of the Bank established ceptances (including bankers’ acceptances), development, construction, and operation of, under section 1904(b). cable transfers, and other evidences of in- or any permit, license, license amendment, (3) CLEAN ENERGY INVESTMENT BANK FUND.— debtedness; or siting approval for, a civilian nuclear The term ‘‘Clean Energy Investment Bank (E) issuing guarantees, insurance, coinsur- power reactor or any facility for the treat- Fund’’ means the revolving fund account es- ance, and reinsurance; ment or storage of spent nuclear fuel or tablished under section 1906(b). (F) purchasing and selling securities; and high-level radioactive waste. Nothing in this (4) COMMERCIAL TECHNOLOGY.—The term (G) receiving deposits; section shall affect the Department of Ener- ‘‘commercial technology’’ means a tech- (2) make investments in eligible projects gy’s and Nuclear Regulatory Commission’s nology in general use in the commercial on a self-sustaining basis, taking into ac- obligation to consider the public health and marketplace. count the financing operations of the Bank safety, common defense and security, and en- (5) ELIGIBLE PROJECT.—The term ‘‘eligible and the economic and financial soundness of vironmental impacts of storage during the project’’ means a project in a State related projects; period of licensed operation of a civilian nu- to the production or use of energy that uses (3) use private credit, investment institu- clear power reactor or facility for the treat- a commercial technology that the Bank de- tions, and the guarantee authority of the ment or storage of spent nuclear fuel or termines avoids, reduces, or sequesters 1 or Bank as the principal means of mobilizing high-level radioactive waste. more air pollutants or anthropogenic emis- capital investment funds; SEC. 1810. TEMPORARY SPENT NUCLEAR FUEL sions of greenhouse gases more effectively (4) broaden private participation and STORAGE AGREEMENTS. than other technology options available to revolve the funds of the Bank through sell- (a) AUTHORIZATION AND LOCATION.—The the project developer. ing the direct investments of the Bank to Secretary of Energy (Secretary) is author- (6) INVESTMENT.—The term ‘‘investment’’ private investors whenever the Bank can ap- ized to initiate spent nuclear fuel storage includes any contribution or commitment to propriately do so on satisfactory terms; agreements as provided herein. an eligible project in the form of— (5) conduct the insurance operations of the (1) No later than 180 days from the date of (A) loans or loan guarantees; Bank with due regard to principles of risk enactment of this Act, representatives of a (B) the purchase of equity shares in the management, including efforts to share the community may submit written notice to project; insurance risks of the Bank;

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(6) foster private initiative and competi- member in the performance of the duties of (d) LOANS AND CREDIT ASSISTANCE.— tion and discourage monopolistic practices; the Board. (1) IN GENERAL.—The Bank may make and (c) PRESIDENT OF THE BANK.— loans, provide letters of credit, issue other (7) advise and assist interested agencies of (1) APPOINTMENT.—The President of the credit enhancements, or provide other fi- the United States and other organizations, Bank shall be appointed by the Board. nancing for eligible projects on such terms public and private and national and inter- (2) DUTIES.—The President of the Bank and conditions as the Bank may determine. national, with respect to projects and pro- shall— (2) BUDGETARY TREATMENT.—Any financial grams relating to the development of private (A) be the Chief Executive Officer of the instrument issued under this subsection enterprise in the market sector in accord- Bank; shall, for budgetary purposes, be considered ance with this title. (B) be responsible for the operations and a direct loan (as defined in section 502 of the SEC. 1904. ORGANIZATION AND MANAGEMENT. management of the Bank, subject to bylaws Federal Credit Reform Act of 1990 (2 U.S.C. and policies established by the Board; and (a) STRUCTURE OF BANK.—The Bank shall 661a)). (C) serve as an Executive Director on the have— Board. (e) ELIGIBLE PROJECT DEVELOPMENT IN- (1) a Board of Directors; (d) EXECUTIVE VICE PRESIDENT.— VESTMENT ENCOURAGEMENT.—The Bank may (2) a President; (1) APPOINTMENT.—The Executive Vice provide financial assistance under this sec- (3) an Executive Vice President; and President of the Bank shall be appointed by tion for development activities for eligible (4) such other officers and staff as the the Board. projects, under such terms and conditions as Board may determine. (2) DUTIES.—The Executive Vice President the Bank may determine, if the Board deter- (b) BOARD OF DIRECTORS.— of the Bank shall— mines that the assistance is necessary to en- (1) ESTABLISHMENT.—There is established a (A) serve as the President of the Bank dur- courage private investment or accelerate Board of Directors of the Bank to exercise ing the absence or disability, or in the event project development. all powers of the Bank. of a vacancy in the office, of the President of (f) OTHER INSURANCE FUNCTIONS.—The (2) COMPOSITION.— the Bank; Bank may— (A) IN GENERAL.—The Board shall be com- (B) at other times, perform such functions (1) using agreements and contracts that posed of 7 members, of whom— as the President of the Bank may from time (i) 5 members shall be independent direc- are consistent with this title— to time prescribe; and (A) make and carry out contracts of insur- tors appointed by the President of the (C) serve as an Executive Director on the United States, by and with the advice and ance or agreements to associate or share Board. risks with insurance companies, financial in- consent of the Senate (referred to in this (e) STAFF.— stitutions, any other person or group of per- subsection as ‘‘independent directors’’; and (1) IN GENERAL.—The Board may— sons; and (ii) 2 members shall be the President of the (A) appoint and terminate such officers, at- (B) employ entities described in subpara- Bank and the Executive Vice President of torneys, employees, and agents as are nec- graph (A), if appropriate, as the agent of the the Bank, appointed by the independent di- essary to carry out this title; and Bank in— rectors. (B) vest the personnel with such powers (i) the issuance and servicing of insurance; (B) FEDERAL EMPLOYMENT.—An inde- and duties as the Board may determine. (ii) the adjustment of claims; pendent director shall not be an officer or (2) CIVIL SERVICE LAWS.—Persons employed employee of the Federal Government at the by the Bank may be appointed, compensated, (iii) the exercise of subrogation rights; time of appointment. or removed without regard to civil service (iv) the ceding and acceptance of reinsur- ance; and (C) POLITICAL PARTY.—Not more than 3 of laws (including regulations). (v) any other matter incident to an insur- the independent directors shall be members (3) REAPPOINTMENT.—Under such regula- of the same political party. tions as the President of the United States ance business; and (2) enter into pooling or other risk-sharing (3) TERM; VACANCIES.— may promulgate, an officer or employee of agreements with other governmental insur- (A) TERM.— the Federal Government who is appointed to ance or financing agencies or groups of those (i) IN GENERAL.—Subject to clause (ii), the a position under this subsection may be enti- independent directors shall be appointed for tled, on removal from the position, except agencies. a term of 5 years and may be reappointed. for cause, to reinstatement to the position (g) EQUITY FINANCE PROGRAM.— (ii) STAGGERED TERMS.—The terms of not occupied at the time of appointment or to a (1) IN GENERAL.—Subject to the other pro- more than 2 independent directors shall ex- position of comparable grade and salary. visions of this subsection, the Bank may es- pire in any year. (4) ADDITIONAL POSITIONS.—Positions au- tablish an equity finance program under (B) VACANCIES.—A vacancy on the Board— thorized under this subsection shall be in ad- which the Bank may, in accordance with this (i) shall not affect the powers of the Board; dition to other positions otherwise author- subsection, purchase, invest in, or otherwise and ized by law, including positions authorized acquire equity or quasi-equity securities of (ii) shall be filled in the same manner as by section 5108 of title 5, United States Code. any firm or entity, on such terms and condi- the original appointment was made. SEC. 1905. FINANCING, GUARANTIES, INSURANCE, tions as the Bank may determine, for the (4) MEETINGS.— CREDIT SUPPORT, AND OTHER PRO- purpose of providing capital for any project GRAMS. (A) INITIAL MEETING.—Not later than 30 that is consistent with this title. (a) INTERGOVERNMENTAL AGREEMENTS.— days after the date on which all members of (2) TOTAL AMOUNT OF EQUITY INVEST- Subject to the other provisions of this sec- the Board have been appointed, the Board MENTS.— tion, the Bank may enter into arrangements shall hold the initial meeting of the Board. (A) TOTAL AMOUNT OF EQUITY INVESTMENT with State and local governments (including (B) MEETINGS.—The Board shall meet at UNDER EQUITY FINANCE PROGRAM.— agencies, instrumentalities, or political sub- the call of the Chairman of the Board. (i) IN GENERAL.—Except as provided in divisions of State and local governments) for (C) QUORUM.—Four members of the Board clause (ii), the total amount of the equity in- sharing liabilities assumed by providing fi- shall constitute a quorum, but a lesser num- nancial assistance for eligible projects under vestment of the Bank with respect to any ber of members may hold hearings. this title. project under this subsection shall not ex- (5) CHAIRMAN AND VICE CHAIRMAN.— (b) INSURANCE.— ceed 30 percent of the aggregate amount of (A) IN GENERAL.—The Board shall select a (1) IN GENERAL.—The Bank may issue in- all equity investment made with respect to Chairman and Vice Chairman from among surance, on such terms and conditions as the the project at the time at which the equity the members of the Board. Bank may determine, to ensure protection in investment of the Bank is made. (B) ELIGIBILITY.—The Chairman of the whole or in part against any or all of the (ii) DEFAULTS.—Clause (i) shall not apply Board shall not be an Executive Director of risks with respect to eligible projects that to a security acquired through the enforce- the Board. the Bank has approved. ment of any lien, pledge, or contractual ar- (6) COMPENSATION OF MEMBERS.—An inde- (2) DUPLICATION OF ASSISTANCE.—The Bank rangement as a result of a default by any pendent director shall be compensated at a shall not offer any insurance products under party under any agreement relating to the rate equal to the daily equivalent of the an- this subsection that duplicate or augment terms of the investment of the Bank. nual rate of basic pay prescribed for level IV any other similar Federal assistance. (B) TOTAL AMOUNT OF EQUITY INVESTMENT of the Executive Schedule under section 5315 (c) GUARANTEES.— UNDER MULTIPLE PROGRAMS.— of title 5, United States Code, for each day (1) IN GENERAL.—The Bank may issue guar- (i) IN GENERAL.—The equity investment of (including travel time) during which the antees of loans and other investments made the Bank under this subsection with respect member is engaged in the performance of the by investors assuring against loss in eligible to any project, when added to any other in- duties of the Board. projects on such terms and conditions as the vestments made or guaranteed by the Bank (7) TRAVEL EXPENSES.—An independent di- Bank may determine. under subsection (c) or (d) with respect to rector shall be allowed travel expenses, in- (2) BUDGETARY TREATMENT.—Any guar- the project, shall not cause the aggregate cluding per diem in lieu of subsistence, at antee issued under this subsection shall, for amount of all the investments to exceed, at rates authorized for an employee of an agen- budgetary purposes, be considered a loan the time any such investment is made or cy under subchapter I of chapter 57 of title 5, guarantee (as defined in section 502 of the guaranteed by the Bank, 75 percent of the United States Code, while away from the Federal Credit Reform Act of 1990 (2 U.S.C. total investment committed to the project, home or regular place of business of the 661a)). as determined by the Bank.

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(ii) CONCLUSIVE DETERMINATION.—The de- shall be paid out of the Clean Energy Invest- of Energy under predecessor programs and termination of the Bank under this subpara- ment Bank Fund. authorities similar to those provided under graph shall be conclusive for purposes of the (d) SUPPLEMENTAL BORROWING AUTHOR- subsections (c) and (d) of section 1905, includ- authority of the Bank to make or guarantee ITY.— ing those under title XVII of the Energy Pol- any investment described in clause (i). (1) IN GENERAL.—In order to maintain suffi- icy Act of 2005 (42 U. S.C. 16511 et seq.), shall (3) ADDITIONAL CRITERIA.—In making in- cient liquidity in the revolving loan fund, be transferred to the Board vestment decisions under this subsection, the Bank may issue from time to time for (2) CONTINUATION PRIOR TO TRANSFER.— the Bank shall consider the extent to which purchase by the Secretary of the Treasury Until the transfer, the Secretary of Energy the equity investment of the Bank will assist notes, debentures, bonds, or other obliga- shall continue to administer such programs in obtaining the financing required for the tions. and activities, including programs and au- project. (2) MAXIMUM TOTAL AMOUNT.—The total thorities under title XVII of the Energy Pol- (4) IMPLEMENTATION.— amount of obligations issued under para- icy Act of 2005 (42 U.S.C. 16511 et seq.). (A) IN GENERAL.—The Bank may create graph (1) that is outstanding at any time (3) EFFECT ON EXISTING RIGHTS AND OBLIGA- such legal vehicles as are necessary for im- shall not exceed $2,000,000,000. TIONS.—The transfer of functions and author- plementation of this subsection. (3) REPAYMENT.—Any obligation issued ity under this subsection shall not affect the (B) NON-FEDERAL BORROWERS.—A borrower under paragraph (1) shall be repaid to the rights and obligations of any party that participating in a legal vehicle created under Treasury not later than 1 year after the date arise under a predecessor program or author- this paragraph shall be considered a non- of issue of the obligation. ity prior to the transfer under this sub- Federal borrower for purposes of the Federal (4) INTEREST RATE.—Any obligation issued section. Credit Reform Act of 1990 (2 U.S.C. 661 et under paragraph (1) shall bear interest at a seq.). rate determined by the Secretary of the (c) AUDITS.— (C) SECURITIES.—Income and proceeds of Treasury, taking into account the current (1) IN GENERAL.—Except as otherwise pro- investments made under this subsection may average market yield on outstanding mar- vided in this title, the Bank shall be subject be used to purchase equity or quasi-equity ketable obligations of the United States of to the applicable provisions of chapter 91 of securities in accordance with this section. comparable maturities during the month title 31, United States Code. (h) RELATIONSHIP TO FEDERAL CREDIT RE- preceding the issuance of any obligation au- (2) PERIODIC AUDITS BY INDEPENDENT CER- FORM ACT OF 1990.— thorized by this subsection. TIFIED PUBLIC ACCOUNTANTS.— (1) IN GENERAL.—Any liability assumed by (5) PURCHASE OF OBLIGATIONS.— (A) IN GENERAL.—Except as provided in the Bank under subsections (c) and (d) shall (A) IN GENERAL.—The Secretary of the paragraph (3), an independent certified pub- be discharged pursuant to the Federal Credit Treasury— lic accountant shall perform a financial and Reform Act of 1990 (2 U.S.C. 661 et seq.). (i) shall purchase any obligation of the compliance audit of the financial statements (2) SPECIFIC APPROPRIATION OR CONTRIBU- Bank issued under this subsection; and of the Bank at least once every 3 years, in TION.— (ii) for the purchase, may use as a public accordance with generally accepted Govern- (A) IN GENERAL.—No loan guaranteed under debt transaction the proceeds of the sale of ment auditing standards for a financial and subsection (c) or direct loan under sub- any securities issued under chapter 31 of compliance audit, as issued by the Comp- section (d) shall be made unless— title 31, United States Code. troller General of the United States. (i) an appropriation for the cost has been (B) PURPOSES.—The purpose for which se- (B) REPORT TO BOARD.—The independent made; or curities may be issued under chapter 31 of certified public accountant shall report the (ii) the Bank has received from the bor- title 31, United States Code, shall include results of the audit to the Board. rower a payment in full for the cost of the any purchase under this paragraph. (C) GENERALLY ACCEPTED ACCOUNTING PRIN- obligation. SEC. 1907. ADMINISTRATION. CIPLES.—The financial statements of the (B) BUDGETARY TREATMENT.—Section 504(b) (a) PROTECTION OF INTEREST OF BANK.—The Bank shall be presented in accordance with of the Federal Credit Reform Act of 1990 (2 Bank shall ensure that suitable arrange- generally accepted accounting principles. U.S.C. 661c(b)) shall not apply to a loan or ments exist for protecting the interest of the (D) REPORTS.— loan guarantee made in accordance with sub- Bank in connection with any agreement (i) IN GENERAL.—The financial statements paragraph (A)(ii). issued under this title. and the report of the accountant shall be in- (3) APPORTIONMENT.—Receipts, proceeds, (b) FULL FAITH AND CREDIT.— cluded in a report that— and recoveries realized by the Bank and the (1) OBLIGATION.—A loan guarantee issued (I) contains, to the extent applicable, the obligations and expenditures made by the by the Bank under section 1905(c) shall con- information identified in section 9106 of title Bank pursuant to this subsection shall be ex- stitute an obligation, in accordance with the 31, United States Code; and empt from apportionment under subchapter terms of the guarantee, of the United States. (II) the Bank shall submit to Congress not II of chapter 15 of title 31, United States (2) PAYMENT.—The full faith and credit of later than 210 days after the end of the last Code. the United States is pledged for the full pay- fiscal year covered by the audit. SEC. 1906. ISSUING AUTHORITY; DIRECT INVEST- ment and performance of the obligation. (ii) REVIEW.—The Comptroller General of MENT AUTHORITY AND RESERVES. (c) FEES.— the United States may review the audit con- (a) MAXIMUM CONTINGENT LIABILITY.—The (1) IN GENERAL.—The Bank shall establish ducted by the accountant and the report to maximum contingent liability outstanding and collect fees for services under this title Congress in such manner and at such times at any time pursuant to actions taken by the in amounts to be determined by the Bank. as the Comptroller General considers nec- Bank under section 1905 shall not exceed a (2) AVAILABILITY OF FEES.—Except as pro- essary. total amount of $100,000,000,000. vided in paragraph (3), fees collected by the (3) ALTERNATIVE AUDITS BY COMPTROLLER (b) CLEAN ENERGY INVESTMENT BANK GENERAL OF THE UNITED STATES.— FUND.— Bank under paragraph (1) (including fees col- (A) IN GENERAL.—In lieu of the financial (1) ESTABLISHMENT.—There is established lected for administrative expenses in car- rying out subsections (c) and (d) of section and compliance audit required by paragraph in the Treasury of the United States a re- (2), the Comptroller General of the United volving fund, to be known as the ‘‘Clean En- 1905) may be retained by the Bank and may remain available to the Bank, without fur- States shall, if the Comptroller General con- ergy Investment Bank Fund’’ (referred to in siders it necessary, audit the financial state- this section as the ‘‘Fund’’). ther appropriation or fiscal year limitation, for payment of administrative expenses in- ments of the Bank in the manner provided (2) USE.—The Clean Energy Investment under paragraph (2). Bank Fund shall be available for discharge of curred in carrying out this title. (3) FEE TRANSFER AUTHORITY.—Fees col- (B) REIMBURSEMENT.—The Bank shall reim- liabilities under section 1905 (other than sub- burse the Comptroller General of the United sections (c) and (d) of section 1905) until the lected by the Bank for the cost (as defined in section 502 of the Federal Credit Reform Act States for the full cost of any audit con- earlier of— ducted under this paragraph. (A) the date on which all liabilities of the of 1990 (2 U.S.C. 661a)) of a loan or loan guar- antee made under subsection (c) or (d) of sec- (4) AVAILABILITY OF RECORDS.—All books, Bank have been discharged or expire; or accounts, financial records, reports, files, (B) the date on which all amounts in the tion 1905 shall be transferred by the Bank to the respective credit program accounts. work papers, and property belonging to or in Fund have been expended in accordance with use by the Bank and the accountant who SEC. 1908. GENERAL PROVISIONS AND POWERS. this section. conducts the audit under paragraph (2), that (a) PRINCIPAL OFFICE.—The Bank shall— (3) APPORTIONMENT.—Receipts, proceeds, are necessary for purposes of this subsection, (1) maintain its principal office in the Dis- and recoveries realized by the Bank and the shall be made available to the Comptroller trict of Columbia; and obligations and expenditures made by the General of the United States. Bank pursuant to this subsection shall be ex- (2) be considered, for purposes of venue in empt from apportionment under subchapter civil actions, to be a resident of the District SEC. 1909. REPORTS TO CONGRESS. of Columbia. II of chapter 15 of title 31, United States As soon as practicable after the end of each Code. (b) TRANSFER OF FUNCTIONS AND AUTHOR- fiscal year, the Bank shall submit to Con- (c) PAYMENTS OF LIABILITIES.—Any pay- ITY.— ment made to discharge liabilities arising (1) IN GENERAL.—On appointment of a ma- gress a complete and detailed report describ- from agreements under section 1905 (other jority of the Board by the President, all of ing the operations of the Bank during the than subsections (c) and (d) of section 1905) the functions and authority of the Secretary fiscal year.

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SEC. 1910. MODIFICATION TO LOAN GUARANTEE (b) ADMINISTRATION.— Percentage PROGRAM. (1) IN GENERAL.—Title XVII of the Energy for auction (a) DEFINITION OF COMMERCIAL TECH- Policy Act of 2005 (42 U.S.C. 16511 et seq.) is Calendar Year for public NOLOGY.—Section 1701(1) of the Energy Pol- amended by striking ‘‘Secretary’’ each place transpor- icy Act of 2005 (42 U.S.C. 16511(1)) is amended it appears (other than the last place it ap- tation by striking subparagraph (B) and inserting pears in section 1702(a)) and inserting the following: ‘‘Board’’. 2041 ...... 10 ‘‘(B) EXCLUSION.—The term ‘commercial (2) CONFORMING AMENDMENTS.—Section 2042 ...... 10 technology’ does not include a technology if 1702(g) of the Energy Policy Act of 2005 (42 2043 ...... 10 the sole use of the technology is in connec- U.S.C. 16512(g)) is amended— 2044 ...... 10 tion with— (A) in the heading for paragraph (1), by 2045 ...... 10 ‘‘(i) a demonstration plant; or striking ‘‘SECRETARY’’ and inserting ‘‘BANK’’; 2046 ...... 10 ‘‘(ii) a project for which the Secretary ap- and 2047 ...... 10 proved a loan guarantee.’’. (B) in the heading for paragraph (3), by 2048 ...... 10 (b) SPECIFIC APPROPRIATION OR CONTRIBU- striking ‘‘SECRETARY’’ and inserting ‘‘BANK’’. 2049 ...... 10 TION.—Section 1702 of the Energy Policy Act (c) APPLICATION.—The amendments made 2050 ...... 10 of 2005 (42 U.S.C. 16512) is amended by strik- by this section are effective on the date the ing subsection (b) and inserting the fol- President transfers to the Bank under sec- On page 458, the table after line 5 is amend- lowing: tion 1909(b)(1) the authority to carry out ed to read as follows: ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU- title XVII of the Energy Policy Act of 2005 TION.— (42 U.S.C. 16511 et seq.). ‘‘(1) IN GENERAL.—No guarantee shall be Percentage SEC. 1912. AUTHORIZATION OF APPROPRIATIONS. for auction made unless— Calendar Year for Deficit ‘‘(A) an appropriation for the cost has been (a) IN GENERAL.—Subject to subsection (b), there are authorized to be appropriated to Reduction made; or Fund ‘‘(B) the Secretary has received from the the Bank, to remain available until ex- pended, such sums as are necessary to— borrower a payment in full for the cost of 2012 ...... 2 .88 (1) replenish or increase the Clean Energy the obligation and deposited the payment 2013 ...... 2 .88 Investment Bank Fund; or into the Treasury. 2014 ...... 2 .88 (2) discharge obligations of the Bank pur- ‘‘(2) LIMITATION.—The source of payments 2015 ...... 3 .25 chased by the Secretary of the Treasury received from a borrower under paragraph 2016 ...... 3 .38 under this title. (1)(B) shall not be a loan or other debt obli- 2017 ...... 3 .38 (b) MINIMUM LEVELS IN THE CLEAN ENERGY gation that is made or guaranteed by the 2018 ...... 3 .63 INVESTMENT BANK FUND.—No appropriations Federal Government. 2019 ...... 3 .50 ‘‘(3) RELATION TO OTHER LAWS.—Section shall be made to augment the Clean Energy Investment Bank Fund unless the balance in 2020 ...... 4 .00 504(b) of the Federal Credit Reform Act of 2021 ...... 4 .75 1990 (2 U.S.C. 661c(b)) shall not apply to a the Clean Energy Investment Bank Fund is projected to be less than $50,000,000 during 2022 ...... 4 .38 loan or loan guarantee made in accordance 2023 ...... 4 .88 with paragraph (1)(B).’’. the fiscal year for which an appropriation is made. 2024 ...... 5 .38 (c) AMOUNT.—Section 1702 of the Energy 2025 ...... 5 .38 Policy Act of 2005 (42 U.S.C. 16512) is amend- 2026 ...... 6.38 ed by striking subsection (c) and inserting SA 4923. Mr. DODD submitted an 2027 ...... 6.38 the following: amendment intended to be proposed by 2028 ...... 6.38 ‘‘(c) AMOUNT.— him to the bill S. 3036, to direct the Ad- 2029 ...... 6.88 ‘‘(1) IN GENERAL.—Subject to paragraph (2), ministrator of the Environmental Pro- the Secretary shall guarantee up to 100 per- 2030 ...... 6.88 tection Agency to establish a program 2031 ...... 12 .50 cent of the principal and interest due on 1 or to decrease emissions of greenhouse more loans for a facility that are the subject 2032 ...... 9 .50 of the guarantee. gases, and for other purposes; which 2033 ...... 9 .50 2034 ...... 9 .50 ‘‘(2) LIMITATION.—The total amount of was ordered to lie on the table; as fol- loans guaranteed for a facility by the Sec- lows: 2035 ...... 9 .50 retary shall not exceed 80 percent of the On page 223, the table after line 11 is 2036 ...... 9 .50 total cost of the facility, as estimated at the amended to read as follows: 2037 ...... 9 .50 time at which the guarantee is issued.’’. 2038 ...... 9 .50 2039 ...... 9 .50 (d) SUBROGATION.—Section 1702(g)(2) of the Percentage Energy Policy Act of 2005 (42 U.S.C. for auction 2040 ...... 9 .50 16512(g)(2)) is amended— Calendar Year for public 2041 ...... 9 .50 (1) by striking subparagraph (B); and transpor- 2042 ...... 9 .50 (2) by redesignating subparagraph (C) as tation 2043 ...... 9 .50 subparagraph (B). 2044 ...... 9 .50 (e) FEES.—Section 1702(h) of the Energy 2012 ...... 3 .87 2045 ...... 9 .50 Policy Act of 2005 (42 U.S.C. 16512(h)) is 2013 ...... 3 .87 2046 ...... 9 .50 amended by striking paragraph (2) and in- 2014 ...... 3 .87 2047 ...... 9 .50 serting the following: 2015 ...... 4 .25 2048 ...... 9 .50 ‘‘(2) AVAILABILITY.—Fees collected under 2016 ...... 4 .37 2049 ...... 9 .50 this subsection shall— 2017 ...... 4 .37 2050 ...... 9 .50 ‘‘(A) be deposited by the Secretary into a 2018 ...... 5 .62 special fund in the Treasury to be known as 2019 ...... 5 .90 the ‘Incentives For Innovative Technologies 2020 ...... 6.00 SA 4924. Mr. MENENDEZ (for himself Fund’; and 2021 ...... 6.75 and Mr. KERRY) submitted an amend- ‘‘(B) remain available to the Secretary for 2022 ...... 7 .12 ment intended to be proposed by him expenditure, without further appropriation 2023 ...... 7 .62 to the bill S. 3036, to direct the Admin- or fiscal year limitation, for administrative 2024 ...... 8 .12 istrator of the Environmental Protec- expenses incurred in carrying out this 2025 ...... 8 .12 tion Agency to establish a program to title.’’. 2026 ...... 9 .12 decrease emissions of greenhouse gases, 2027 ...... 9 .12 SEC. 1911. INTEGRATION OF LOAN GUARANTEE and for other purposes; which was or- PROGRAMS. 2028 ...... 9 .12 (a) DEFINITION OF BANK.—Section 1701 of 2029 ...... 9 .12 dered to lie on the table; as follows: the Energy Policy Act of 2005 (42 U.S.C. 2030 ...... 9 .62 On page 196, strike line 19 and insert the 16511) is amended— 2031 ...... 10 following: (1) by redesignating paragraphs (1) through 2032 ...... 10 Not later than 330 days before (5) as paragraphs (2) through (6), respec- 2033 ...... 10 On page 196, line 21, strike ‘‘2 percent’’ and tively; and 2034 ...... 10 insert ‘‘0.5 percent’’. (2) by inserting before paragraph (2) (as so 2035 ...... 10 On page 197, strike lines 3 through 8. redesignated) the following: 2036 ...... 10 On page 198, between lines 16 and 17, insert ‘‘(1) BANK.—The term ‘Bank’ means the 2037 ...... 10 the following: Clean Energy Investment Bank of the United 2038 ...... 10 (c) LIMITATION.—No emission allowance States established by section 1903(a) of the 2039 ...... 10 shall be distributed to an owner or operator Clean Energy Investment Bank Act of 2008.’’. 2040 ...... 10 of an entity described in section 561 under

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00158 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.140 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5285 this subtitle if the owner or operator, or the emission allowances established pursuant to tributes allowances under any of titles V parent company of the owner or operator, section 201(a) for that calendar year for dis- through XI, the Administrator shall estab- has total annual revenue that is equal to or tribution among electricity local distribu- lish, by regulation, a procedure for calcu- greater than— tion companies in the United States. lating, for each calendar year, the number of (1) for calendar year 2012, $100,000,000,000; (3) THIRD PERIOD.—Not later than 330 days international competitiveness allowances to and before the beginning of each of calendar be allocated to each eligible manufacturing (2) for each subsequent calendar year, years 2026 through 2050, the Administrator facility and refiner of petroleum-based fuel $100,000,000,000, as adjusted to reflect the an- shall allocate 10 percent of the quantity of under the International Competitiveness Al- nual rate of United States dollar inflation emission allowances established pursuant to lowance Program, in accordance with para- for the calendar year (as measured by the section 201(a) for that calendar year for dis- graph (2). Consumer Price Index) since calendar year tribution among electricity local distribu- (2) REQUIREMENT.—To the maximum extent 2012. tion companies in the United States. practicable, the Administrator shall ensure On page 426, strike lines 14 through 16 and On page 207, line 2, strike ‘‘or natural gas’’. that the number of international competi- insert the following: On page 207, line 10, strike ‘‘or natural tiveness allowances allocated to an eligible section— gas’’. manufacturing facility or refiner of petro- (1) for each of calendar years 2012 through On page 209, line 17, strike ‘‘or natural leum-based fuel for a calendar year is suffi- 2017, 2.5 percent of the aggregate quantity of gas’’. cient to offset the additional adverse com- emission allowances established for the ap- On page 210, line 19, strike ‘‘or natural petitive impact the eligible manufacturing plicable calendar year pursuant to section gas’’. facility or refiner of petroleum-based fuel On page 211, line 7, strike ‘‘or natural gas’’. 201(a); would experience in the absence of the Inter- On page 215, lines 5 and 6, strike ‘‘or nat- (2) for each of calendar years 2018 through national Competitiveness Allowance Pro- ural gas costs, as applicable,’’ and insert 2030, 2 percent of the aggregate quantity of gram during that calendar year. ‘‘costs’’. emission allowances established for the ap- (d) SOURCE.—International competitive- plicable calendar year pursuant to section SA 4926. Ms. LANDRIEU submitted ness allowances shall be issued from a spe- 201(a); and an amendment intended to be proposed cial reserve of allowances that is separate (3) for each of calendar years 2031 through from, and established in addition to, the 2050, 1 percent of the aggregate quantity of by her to the bill S. 3036, to direct the quantity of allowances established under sec- emission allowances established for the ap- Administrator of the Environmental tion 201. plicable calendar year pursuant to section Protection Agency to establish a pro- (e) TRADING SYSTEM.—The Administrator 201(a). gram to decrease emissions of green- may establish, by regulation, a system for house gases, and for other purposes; the sale, exchange, purchase, transfer, and SA 4925. Ms. LANDRIEU submitted which was ordered to lie on the table; banking of international competitive allow- an amendment intended to be proposed as follows: ances. by her to the bill S. 3036, to direct the (f) TERMINATION.—The International Com- On page 192, between lines 9 and 10, insert petitiveness Allowance Program shall termi- Administrator of the Environmental the following: nate on the later of— Protection Agency to establish a pro- SEC. 543. INTERNATIONAL COMPETITIVENESS AL- (1) the date on which the Administrator de- gram to decrease emissions of green- LOWANCE PROGRAM. termines that other measures have been im- house gases, and for other purposes; (a) DEFINITIONS.—In this section: plemented to address international competi- which was ordered to lie on the table; (1) ELIGIBLE MANUFACTURING FACILITY.— tiveness concerns resulting from this Act; (A) IN GENERAL.—The term ‘‘eligible manu- as follows: and facturing facility’’ means a manufacturing (2) January 1, 2014. On page 21, strike lines 8 through 17. facility located in the United States that On page 21, line 18, strike ‘‘(E)’’ and insert principally manufactures iron, steel, pulp, SA 4927. Ms. LANDRIEU submitted ‘‘(B)’’. paper, cement, rubber, chemicals, fertilizer, On page 21, line 24, strike ‘‘(F)’’ and insert an amendment intended to be proposed glass, ceramics, sulfur hexafluoride, or alu- by her to the bill S. 3036, to direct the ‘‘(C)’’. minum and other nonferrous metals. On page 22, line 5, strike ‘‘(G)’’ and insert (B) EXCLUSION.—The term ‘‘eligible manu- Administrator of the Environmental ‘‘(D)’’. facturing facility’’ does not include a facility Protection Agency to establish a pro- On page 22, line 9, strike ‘‘(H)’’ and insert eligible to receive emission allowances under gram to decrease emissions of green- ‘‘(E)’’. subtitle F or H. house gases, and for other purposes; On page 22, line 14, strike ‘‘(I)’’ and insert (2) INTERNATIONAL COMPETITIVE ALLOW- which was ordered to lie on the table; ‘‘(F)’’. ANCE.—The term ‘‘international competitive as follows: On page 27, strike lines 4 through 16. allowance’’ means an allowance allocated At the end of title XVII, add the following: On page 31, line 8, strike ‘‘or natural-gas’’. pursuant to the International Competitive- Beginning on page 65, strike line 25 and all ness Allowance Program established under Subtitle H—Identification of Most Prospec- that follows through page 66, line 19, and in- subsection (b). tive Outer Continental Shelf Oil and Nat- sert the following: (3) REFINER OF PETROLEUM-BASED FUEL.— ural Gas Areas Under Moratoria ural gas; and The term ‘‘refiner of petroleum-based fuel’’ SEC. 1771. DEFINITIONS. (4) each HFC that was, during the pre- means an entity that manufactures in the In this subtitle: ceding calendar year, emitted as a byproduct United States petroleum-based liquid or gas- (1) MORATORIUM AREA.— of hydrochlorofluorocarbon manufacture in eous fuel. (A) IN GENERAL.—The term ‘‘moratorium the United States by that covered entity. (b) ESTABLISHMENT OF PROGRAM.— area’’ means any area on the Outer Conti- On page 67, lines 4 and 5, strike ‘‘neither (1) IN GENERAL.—The Administrator shall nental Shelf covered by— paragraph (2) nor paragraph (5) of subsection establish a program, to be known as the (i) sections 104 through 106 of the Depart- (a) requires’’ and insert ‘‘subsection (a)(2) ‘‘International Competitiveness Allowance ment of the Interior, Environment, and Re- does not require’’. Program’’, under which the Administrator lated Agencies Appropriations Act, 2006 On page 69, lines 23 and 24, strike ‘‘, nat- may allocate international competitiveness (Public Law 109–54; 119 Stat. 521); ural gas, or natural gas liquid’’. allowances to owners and operators of eligi- (ii) section 104 of the Gulf of Mexico En- On page 70, lines 15 and 16, strike ‘‘(2), (3), ble manufacturing facilities and refiners of ergy Security Act of 2006 (43 U.S.C. 1331 note; or (5)’’ and insert ‘‘(2) or (3)’’. petroleum-based fuel in the United States Public Law 109–432); or Beginning on page 198, strike line 17 and that, in addition to distributions of emission (iii) any area withdrawn from disposition all that follows through page 201, line 17. allowances under section 542, continue to be by leasing by the memorandum entitled Beginning on page 205, strike line 1 and all constrained or burdened by the requirements ‘‘Memorandum on Withdrawal of Certain that follows through page 206, line 15, and in- of this Act. Areas of the United States Outer Conti- sert the following: (2) DENOMINATION.—International competi- nental Shelf from Leasing Disposition’’ (34 (1) FIRST PERIOD.—Not later than 330 days tiveness allowances shall be denominated in Weekly Comp. Pres. Doc. 1111), and dated before the beginning of calendar year 2012, units of metric tons of carbon dioxide equiv- June 12, 1998, as modified by the President on the Administrator shall allocate 9.5 percent alent. January 9, 2007. of the quantity of emission allowances estab- (3) CONSISTENCY WITH OTHER PROGRAMS.—In (B) EXCLUSIONS.—The term ‘‘moratorium lished pursuant to section 201(a) for that cal- establishing the International Competitive- area’’ does not include an area of the outer endar year for distribution among electricity ness Allowance Program under paragraph (1), Continental Shelf designated by the National local distribution companies in the United the Administrator shall ensure that the pro- Oceanic and Atmospheric Administration as States. gram is consistent with the other purposes a national marine sanctuary. (2) SECOND PERIOD.—Not later than 330 days and requirements of this Act. (2) PROSPECTIVE AREA.—The term ‘‘prospec- before the beginning of each of calendar (c) QUANTITY FOR ALLOCATION.— tive area’’ means a portion of any morato- years 2013 through 2025, the Administrator (1) REGULATIONS.—Not later than the ear- rium area that may contain recoverable oil shall allocate 9.75 percent of the quantity of liest date on which the Administrator dis- or gas.

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(3) SECRETARY.—The term ‘‘Secretary’’ (b) PROCESS.—The process shall include board of directors shall not include more means the Secretary of the Interior. workshops or meetings with— than 7 members affiliated with the same po- SEC. 1772. IDENTIFICATION OF MOST PROSPEC- (1) the public; litical party as the President at any 1 time. TIVE OUTER CONTINENTAL SHELF (2) Governors or designated officials from ‘‘(C) CHAIRPERSON.—The board of directors OIL AND NATURAL GAS AREAS appropriate States; and shall annually elect a Chairperson from UNDER MORATORIA. (3) other relevant user groups. among the members of the board of direc- (a) INVENTORY.— SEC. 1774. REPORTS. tors. N GENERAL (1) I .—The Secretary shall iden- (a) IDENTIFICATION OF PROSPECTIVE ‘‘(D) TERM.—The term of a member of the tify the 10 most prospective areas for recov- AREAS.—Not later than 90 days after the date board of directors shall be 5 years. erable oil and gas accumulations, including of enactment of this Act, the Secretary shall ‘‘(4) TRANSFERS.—The Secretary shall if appropriate the 5 most prospective areas submit to Congress a report that includes— transfer to the Corporation any amounts for oil and the 5 most prospective areas for (1) an identification of the 10 most prospec- made available under subsection (c). natural gas in the prospective areas that in- tive oil and gas areas within the moratorium dustry would likely explore if allowed. ‘‘(b) USE OF FUNDS.—Beginning in fiscal areas using existing information; year 2010, funds transferred by the Secretary (2) INFORMATION.—In identifying the pro- (2) a summary of environmental and socio- spective areas, the Secretary shall take into to the Corporation under subsection (a)(4) economic information relating to the 10 pro- shall be expended by the Corporation to— account any existing information on the geo- spective areas; and logical potential for oil and gas or acquire ‘‘(1) promote and deploy coal and coal (3) a schedule for completion of any envi- cofired polygeneration technologies; new data as appropriate to assist in nar- ronmental or socioeconomic impact studies rowing down prospective areas. ‘‘(2) reduce— or consultations planned for those prospec- ‘‘(A) the carbon footprint of coal consump- (3) TECHNOLOGY.—The Secretary may use tive areas. any available geological, geophysical, eco- tion; and (b) POTENTIAL OF PROSPECTIVE AREAS.—Not ‘‘(B) the production of coal-based byprod- nomic, engineering, and other scientific later than 42 months after the date of enact- technology to obtain accurate estimates of ucts; and ment of this Act, the Secretary shall submit ‘‘(3) conduct widespread carbon sequestra- resource potential. to Congress a report that includes— (b) ACQUISITION OF GEOLOGICAL AND GEO- tion research, development, and deployment (1) a summary of the potential oil and gas activities. PHYSICAL DATA.— resources in the 10 most prospective areas (1) IN GENERAL.—The Secretary may ac- based on all available and newly acquired in- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— quire and process new geological and geo- formation; There is authorized to be appropriated to the physical data or use existing geological and (2) a description of the consultation proc- Secretary to carry out this section geophysical data for any moratorium area if ess under section 1773 that will be used to $17,500,000,000 for the period of fiscal years the Secretary determines that additional in- share information and obtain input from 2008 through 2012.’’. formation is needed to identify and assess stakeholders concerning the 10 most prospec- SEC. 1032. CARBON CAPTURE AND STORAGE RE- potential prospective areas. tive areas; and SEARCH, DEVELOPMENT, AND DEM- (2) TECHNOLOGY.—In carrying out this sub- (3) recommendations on approaches for re- ONSTRATION PROGRAM. section, the Secretary shall use any avail- covery of costs expended for acquisition and Section 963 of the Energy Policy Act of able technology (other than drilling), includ- processing of new geological and geophysical 2005 (42 U.S.C. 16293) is amended— ing 3-D seismic technology, to obtain an ac- data or conducting other studies for the re- (1) in the section heading, by striking curate estimate of resource potential. port. ‘‘AND SEQUESTRATION’’ and inserting ‘‘AND (3) AVAILABILITY OF DATA.—The Secretary (c) INPUT.—Not later than 180 days after STORAGE’’; may make available newly acquired geologi- submission of the report required under sub- (2) in subsection (a), by striking ‘‘and se- cal and geophysical data under this sub- section (b), the Secretary shall submit to questration’’ and inserting ‘‘and storage’’; section on a cost recovery basis to recover Congress a summary of the input from the and the full costs expended for acquisition and process required under section 1773. (3) by striking subsections (c) and (d) and processing of new geological and geophysical SEC. 1775. AUTHORIZATION OF APPROPRIATIONS. inserting the following: data. There is authorized to be appropriated to ‘‘(c) PROGRAMMATIC ACTIVITIES.— (c) ADMINISTRATION.— the Secretary to carry out this subtitle (1) IN GENERAL.—As soon as practicable, ‘‘(1) GOAL.—The Secretary shall establish a $450,000,000, to remain available until ex- program under which the Secretary shall but not later than 1 year, after the date of pended. enactment of this Act, to expedite collection conduct activities necessary to achieve the of geological and geophysical data under this SA 4928. Mr. ROCKEFELLER sub- goal of annually sequestering at least section, each Federal agency shall conduct 1,000,000 tons of carbon dioxide by January 1, mitted an amendment intended to be 2015. and complete any analyses or consultations proposed by him to the bill S. 3036, to that are required to carry out this section. ‘‘(2) REVIEW OF EXISTING DATA.—Not later (2) PROTECTED SPECIES.—Before conducting direct the Administrator of the Envi- than 180 days after the date of enactment of any geological and geophysical survey re- ronmental Protection Agency to estab- the Lieberman-Warner Climate Security Act quired under this subtitle in any prospective lish a program to decrease emissions of of 2008, the Secretary shall— area, the Secretary shall, at a minimum, im- greenhouse gases, and for other pur- ‘‘(A) verify and analyze the results of any plement the mitigation, monitoring, and re- poses; which was ordered to lie on the assessment conducted by any other Federal porting measures that are used for protected table; as follows: agency or a State relating to geological stor- age capacity and the potential for carbon in- species in the Gulf of Mexico region. At the end of title X, add the following: (d) ENVIRONMENTAL AND SOCIOECONOMIC jection rates, including a risk analysis of STUDIES.— Subtitle D—Carbon Management Programs any potential geologic storage areas as- (1) IN GENERAL.—The Secretary may con- SEC. 1031. FUTURE FUELS CORPORATION. sessed; and duct, directly or by contract, environmental Subtitle A of title XVI of the Energy Pol- ‘‘(B) submit to the appropriate committees or socioeconomic studies for any prospective icy Act of 2005 (Public Law 109–58; 119 Stat. of Congress a report that describes the re- area identified under subsection (a). 1109) is amended by adding at the end the fol- sults of the verification and analyses under (2) INTERAGENCY ACTION.—The Secretary, lowing: subparagraph (A). acting through the Minerals Management ‘‘SEC. 1602. FUTURE FUELS CORPORATION. ‘‘(3) RECOMMENDATIONS.—As soon as prac- Service, may work jointly with the United ‘‘(a) ESTABLISHMENT.— ticable after the date of enactment of the States Fish and Wildlife Service, the Na- ‘‘(1) IN GENERAL.—The Future Fuels Cor- Lieberman-Warner Climate Security Act of tional Oceanic and Atmospheric Administra- poration (referred to in this section as the 2008, the Secretary shall submit to the ap- tion, or other relevant agencies— ‘Corporation’) is established as a government propriate committees of Congress rec- (A) to compile existing environmental and corporation. ommendations on appropriate regulatory socioeconomic information on prospective ‘‘(2) ADMINISTRATION.—The Corporation and advisory mechanisms for— areas; or shall be subject to— ‘‘(A) the determination of best tech- (B) obtain new environmental or socio- ‘‘(A) this section; and nologies; economic studies for identified prospective ‘‘(B) chapter 91 of title 31, United States ‘‘(B) the identification and evaluation of areas. Code. state-of-the-art research, development, and SEC. 1773. SHARING INFORMATION WITH STATES ‘‘(3) BOARD OF DIRECTORS.— deployment strategies for carbon capture AND OTHER STAKEHOLDERS. ‘‘(A) IN GENERAL.—The Corporation shall and storage technologies; (a) IN GENERAL.—The Secretary shall es- be managed by a board of directors composed ‘‘(C) the selection and operation of carbon tablish a process— of 13 individuals who are citizens of the dioxide sequestration sites; and (1) to share information identified by ac- United States, appointed by the President, ‘‘(D) the transfer of liability for the sites tions taken under section 1772 to identify 10 by and with the advice and consent of the to the United States. most prospective areas; and Senate. ‘‘(4) INTERSTATE COMPACTS.—As soon as (2) to obtain input from States or other ‘‘(B) LIMITATION.—For purposes of making practicable after the date of enactment of stakeholders on the prospective areas. appointments under subparagraph (A), the this Act, the Secretary shall develop model

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interstate compacts to govern the transpor- (d) AWARD CONSIDERATIONS.—Of the funds (4) the electricity consumers and nuclear tation, injection, and storage of carbon diox- made available under subsection (c) for a fis- power plant operators of the United States ide. cal year, not less than $100,000,000 shall be have paid in excess of $27,000,000,000 in fees ‘‘(5) DEMONSTRATION PROJECT.—The Sec- awarded to community colleges with exist- and interest to fund disposal of spent nuclear retary shall conduct geological sequestra- ing (as of the date of the award) sustain- fuel and high-level radioactive waste; tion demonstration projects involving car- ability programs that lead to certificates or (5) the National Research Council of the bon dioxide sequestration operations in a va- degrees in 1 or more of the industries and National Academy of Sciences— riety of candidate geological settings, in- practices described in paragraphs (1) through (A) since 1957, has endorsed the concept of cluding— (7) of subsection (c). deep geologic disposal of high-level radio- ‘‘(A) oil and gas reservoirs; (e) AUTHORIZATION OF APPROPRIATIONS.— active waste as a long-term solution based ‘‘(B) unmineable coal seams; There are authorized to be appropriated and on scientific and technical analysis; and ‘‘(C) deep saline aquifers; there are appropriated to carry out this sec- (B) maintains that deep geologic disposal ‘‘(D) basalt and shale formations; and tion $200,000,000 for fiscal year 2009 and each remains as the only long-term solution ‘‘(E) terrestrial sequestration, including subsequent fiscal year. available for the disposal of high-level radio- restoration project sites provided assistance active waste; by the Abandoned Mine Reclamation Fund SA 4930. Mr. INHOFE submitted an (6) in 2002, the Yucca Mountain site was established by section 401 of the Surface amendment intended to be proposed by recommended by the President and approved Mining Control and Reclamation Act of 1977 him to the bill S. 3036, to direct the Ad- by Congress for development as a deep geo- (30 U.S.C. 1231) . ministrator of the Environmental Pro- logic repository; ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— tection Agency to establish a program (7) operation of a repository in accordance ‘‘(1) IN GENERAL.—There are authorized to to decrease emissions of greenhouse with the Nuclear Waste Policy Act of 1982 (42 be appropriated to carry out this section— U.S.C. 10101 et seq.) is nearly 20 years behind ‘‘(A) $100,000,000 for each of fiscal years 2009 gases, and for other purposes; which schedule; and 2010; was ordered to lie on the table; as fol- (8) the delay has— ‘‘(B) $105,000,000 for fiscal year 2011; lows: (A) resulted in judicial findings of a partial ‘‘(C) $110,000,000 for fiscal year 2012; At the end of title XVII, add the following: breach of contract on the part of the Federal ‘‘(D) $115,000,000 for fiscal year 2013; and Subtitle H—Nuclear Regulatory Commission Government; and ‘‘(E) $120,000,000 for fiscal year 2014. (B) subjected taxpayers to billions of dol- SEC. 1771. FUNDING FOR REVIEW OF YUCCA ‘‘(2) AVAILABILITY OF FUNDS.—Funds made lars in liability; MOUNTAIN LICENSE APPLICATION. available for a fiscal year under paragraph (9) the Commission should allow the up- (a) IN GENERAL.—Notwithstanding any (1)— grade of non-nuclear infrastructure at the other provision of law, out of any funds in ‘‘(A) shall remain available until expended, repository site prior to construction in an ef- the Nuclear Waste Fund established by sec- but not later than September 30, 2014; and fort to accelerate progress and reduce tax- tion 302(c) of the Nuclear Waste Policy Act ‘‘(B) may be reprogrammed, at the discre- payer liability; of 1982 (42 U.S.C. 10222(c)) not otherwise ap- tion of the Secretary, for expenditure for (10) the repository should be licensed to propriated, the Secretary of the Treasury other demonstration projects under this title safely use the maximum potential capacity shall transfer to the Nuclear Regulatory only after— of the repository, based on scientific and Commission $85,000,000 for each of fiscal ‘‘(i) September 30, 2010; and technical considerations; and years 2009 through 2011, to remain available ‘‘(ii) the Secretary provides notice of the (11) the development of the repository until expended. proposed reprogramming to the appropriate should incorporate technological advances to (b) RECEIPT AND ACCEPTANCE.—The Nuclear committees of Congress.’’. Regulatory Commission shall be entitled to improve protection of public health and safe- ty and the environment on a regular basis Mr. SMITH (for himself, Mr. receive, shall accept, and shall use in accord- SA 4929. ance with subsection (c) the funds trans- while retaining the option of retrieval. (b) PURPOSES.—The purposes of this title WYDEN, and Mr. WARNER) submitted an ferred under subsection (a), without further are— amendment intended to be proposed by appropriation. (1) to encourage the expanded contribution him to the bill S. 3036, to direct the Ad- (c) USE OF FUNDS.—The Nuclear Regu- of nuclear energy to meet the growing need latory Commission shall use funds trans- ministrator of the Environmental Pro- of the United States for safe, reliable, and ferred under subsection (a) for review by the tection Agency to establish a program cost-effective energy; Commission of the Yucca Mountain license to decrease emissions of greenhouse (2) to provide a process for the expeditious application of the Department of Energy. gases, and for other purposes; which and safe development and operation of a re- was ordered to lie on the table; as fol- SA 4931. Mr. INHOFE (for himself, pository at the Yucca Mountain site; (3) to require periodic system improve- lows: Mr. VITTER, Mr. CRAIG, Mr. DEMINT, ments based on advances in technology and On page 183, between lines 3 and 4, insert and Mr. CRAPO) submitted an amend- the following: understanding to enhance the protection of ment intended to be proposed by him public health and safety and the environ- SEC. 537. COMMUNITY COLLEGE SUSTAIN- to the bill S. 3036, to direct the Admin- ABILITY. ment; istrator of the Environmental Protec- (4) to clarify the authority of the Sec- (a) SHORT TITLE.—This section may be cited as the ‘‘Community College Sustain- tion Agency to establish a program to retary to carry out infrastructure activities ability Act’’. decrease emissions of greenhouse gases, without prejudicing the consideration of the Commission with respect to repository appli- (b) DEFINITION.—In this section, the term and for other purposes; which was or- ‘‘community college’’ means a 2–year insti- dered to lie on the table; as follows: cations; and (5) to provide guidance to the Commission tution of higher education, as such term is At the end, add the following: defined in section 101 of the Higher Edu- with respect to the consideration by the cation Act of 1965 (20 U.S.C. 1001). TITLE XVIII—NUCLEAR WASTE POLICY Commission of spent nuclear fuel and high- (c) WORKFORCE TRAINING AND EDUCATION IN SEC. 1801. SHORT TITLE. level waste disposal during new reactor li- RENEWABLE ENERGY AND EFFICIENCY, GREEN This title may be cited as the ‘‘Nuclear censing proceedings. TECHNOLOGY, AND SUSTAINABLE ENVIRON- Waste Policy Amendments Act of 2008’’. SEC. 1803. DEFINITIONS. MENTAL PRACTICES.—From funds made avail- SEC. 1802. FINDINGS; PURPOSES. In this title: able under subsection (e), the Secretary of (a) FINDINGS.—Congress finds that— (1) COMMISSION.—The term ‘‘Commission’’ Labor shall carry out a sustainability work- (1) progress toward the safe disposal of means the Nuclear Regulatory Commission. force training and education program. In spent nuclear fuel and high-level radioactive (2) REPOSITORY.—The term ‘‘repository’’ carrying out the program, the Secretary waste will help ensure that the expanded use has the meaning given the term in section 2 shall award grants to community colleges to of nuclear energy will contribute to meeting of the Nuclear Waste Policy Act of 1982 (42 provide workforce training and education in the growing need of the United States for re- U.S.C. 10101). industries and practices, such as— liable, cost-effective energy; (3) SECRETARY.—The term ‘‘Secretary’’ (1) alternative energy, including wind and (2) the Federal Government has the respon- means the Secretary of Energy. solar energy; sibility to provide for permanent disposal of Subtitle A—Licensing (2) green construction, green retrofitting, spent nuclear fuel, high-level radioactive SEC. 1811. APPLICATIONS. and green design; waste, and waste generated from United Section 114(b) of the Nuclear Waste Policy (3) green chemistry, green nanotechnology, States atomic energy defense activities; Act of 1982 (42 U.S.C. 10134(b)) is amended— or green technology; (3) the obligation of the Federal Govern- (1) in the subsection heading, by striking (4) water and energy conservation; ment to develop a repository provides suffi- ‘‘APPLICATION’’ and inserting ‘‘APPLICA- (5) recycling and waste reduction; cient grounds for findings by the Nuclear TIONS’’; (6) sustainable agriculture and farming; Regulatory Commission that spent nuclear (2) by striking ‘‘If the President’’ and in- and fuel and high-level radioactive waste will be serting the following: (7) sustainable culinary practices. disposed of safely and in a timely manner; ‘‘(1) IN GENERAL.—If the President’’; and

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Secretary shall submit to the Commission an ‘‘(ii) AUTHORIZED INFORMATION.—An appli- SEC. 1812. APPLICATION PROCEDURES; INFRA- application to amend the construction au- cation for a construction authorization shall STRUCTURE ACTIVITIES. thorization to receive and possess spent nu- not be required to contain any information— clear fuel and high-level radioactive waste. ‘‘(I) relating to any surface facility other Section 114 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134) is amended by ‘‘(B) CONSIDERATION.— than any surface facility determined by the ‘‘(i) IN GENERAL.—The Commission shall Secretary to be necessary for the initial op- striking subsection (d) and inserting the fol- lowing: consider an application to amend a construc- eration of the repository; and tion authorization to receive and possess ‘‘(II) that is required under subparagraph ‘‘(d) COMMISSION ACTION.— spent nuclear fuel and high-level radioactive (D) for an application relating to the perma- ‘‘(1) REVIEW OF REGULATIONS.—The Com- waste in accordance with— nent closure of the repository. mission shall review and modify each appli- ‘‘(I) the informal hearing process described ‘‘(C) APPLICATION TO AMEND A CONSTRUC- cable regulation promulgated by the Com- in subpart L of part 2 of chapter 1 of title 10, TION AUTHORIZATION TO RECEIVE AND POSSESS mission as determined to be necessary by the Code of Federal Regulations (as in effect on SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIO- Commission to ensure that each application January 1, 2006); and ACTIVE WASTE.— described in subsection (b)(2) contains suffi- ‘‘(II) discovery procedures to minimize the ‘‘(i) REQUIRED INFORMATION.—An applica- cient information for the Commission to de- burden of each party of submitting to the tion to amend a construction authorization termine whether the repository could be op- Commission documents that the Commission to receive and possess spent nuclear fuel and erated for a period of not less than 300 years determines are not necessary for the Com- high-level radioactive waste at a repository beginning on the date on which the reposi- mission to approve the application for an au- shall contain provisions for the establish- tory first commences operation. thorization to receive and possess spent nu- ment of, and final information relating to— ‘‘(2) APPROVAL PROCESS RELATING TO APPLI- clear fuel and high-level radioactive waste. ‘‘(I) a continuing program, including un- CATION FOR CONSTRUCTION AUTHORIZATION.— ‘‘(ii) MATTERS RESOLVED DURING APPROVAL derground repository surveillance, measure- ‘‘(A) APPLICATION DEADLINE.—Not later OF CONSTRUCTION AUTHORIZATION.—In consid- ment, and testing, and research and develop- than June 30, 2008, the Secretary shall sub- ering an application to amend a construction ment of technologies that may improve the mit to the Commission an application for a authorization to receive and possess spent safety or operation of the repository— construction authorization for a repository nuclear fuel and high-level radioactive waste ‘‘(aa) to be carried out during the oper- site. under clause (i), the Commission shall con- ation of the repository; and ‘‘(B) CONSIDERATION.—The Commission sider to be resolved each matter resolved ‘‘(bb) to monitor, evaluate, and confirm re- shall consider the application for a construc- during the consideration by the Commission pository performance; tion authorization in accordance with the in- of the construction authorization that is the ‘‘(II) a procedure to provide for periodic re- formal hearing process described in subpart subject of the application. visions of the license of the repository that L of part 2 of chapter 1 of title 10, Code of ‘‘(C) PERMISSION TO RECEIVE AND POSSESS shall be conducted— Federal Regulations (as in effect on January SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIO- ‘‘(aa) to modify the license based on the re- 1, 2006). ACTIVE WASTE.—Upon review and consider- sults of the program described in subclause ‘‘(C) AUTHORIZATION OF CONSTRUCTION.— ation of an application to amend a construc- (I); and Upon review and consideration of an applica- tion authorization to receive and possess ‘‘(bb) at intervals of not more than 50 tion for a construction authorization, the spent nuclear fuel and high-level radioactive years; and Commission shall approve the application if waste, the Commission shall approve the ap- ‘‘(III) a program to ensure the ability of the Commission determines that there is a plication if the Commission determines that the repository to retrieve, for a period of not reasonable expectation that the health and there is a reasonable expectation that the less than 300 years beginning on the date on safety of the public will be adequately pro- health and safety of the public will be ade- which the repository first commences oper- tected for a period of not less than 300 years quately protected for a period of not less ation, each quantity of spent nuclear fuel beginning on the date on which the reposi- than 300 years beginning on the date on and high-level radioactive waste stored at tory first commences operation. which the repository first commences oper- the repository. ‘‘(D) FINAL DECISION DEADLINE.— ation. ‘‘(ii) AUTHORIZED INFORMATION.—An appli- ‘‘(i) IN GENERAL.—Except as provided in ‘‘(D) FINAL DECISION DEADLINE.— cation to amend a construction authoriza- clause (ii), not later than 3 years after the ‘‘(i) IN GENERAL.—Except as provided in tion for permission to receive and possess date on which the Secretary submits to the clause (ii), not later than 540 days after the spent nuclear fuel and high-level radioactive Commission an application for a construc- date on which the Secretary submits to the waste shall not be required to contain— tion authorization under subparagraph (A), Commission an application to amend a con- ‘‘(I) any information that was included in the Commission shall carry out all activities struction authorization to receive and pos- an application or considered by the Commis- relating to the consideration of an applica- sess spent nuclear fuel and high-level radio- sion in connection with the issuance of a tion for all or part of a repository, includ- active waste under subparagraph (A), the construction authorization for the reposi- ing— Commission shall issue a final decision ap- tory for which authorization to receive and ‘‘(I) a sufficiency review and docketing of proving or disapproving the issuance of a li- possess the spent nuclear fuel and high-level the application; cense to receive and possess spent nuclear radioactive waste is sought; or ‘‘(II) the completion of safety and environ- fuel and high-level radioactive waste. ‘‘(II) any information that is required mental reviews; ‘‘(ii) EXCEPTION.—The Commission may ex- under subparagraph (D) for an application re- ‘‘(III) the conduct of hearings; and tend the deadline described in clause (i) by a

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period of not more than 180 days if, not less ‘‘(i) for a construction authorization; ‘‘(g) AIR QUALITY.— than 30 days before the date on which the ‘‘(ii) to amend a construction authoriza- ‘‘(1) IN GENERAL.—The Administrator shall deadline occurs, the Commission complies tion to receive and possess spent nuclear fuel issue, administer, and enforce any air qual- with each reporting requirement described in and high-level radioactive waste; or ity permit or requirement applicable to any subsection (e)(2). ‘‘(iii) for any other action relating to the facility under the jurisdiction of, or any ac- ‘‘(4) REVIEW OF REGULATIONS RELATING TO repository. tivity carried out by, a Federal agency that APPLICATIONS FOR PERMANENT CLOSURE.—To ‘‘(6) PROCEDURES.—In reviewing applica- is subject to the requirements of this Act. conform the application process for the per- tions under this subsection, the Commission ‘‘(2) PREEMPTION OF STATE LAWS.—No State manent closure of the repository with the re- shall use procedures that ensure the trans- or political subdivision of a State may issue, quirements of this Act, the Commission shall parent review and resolution of key sci- administer, or enforce any air quality permit review and modify each regulation promul- entific and technical issues in a timely man- or requirement applicable to any facility gated by the Commission relating to the ap- ner.’’. under the jurisdiction of, or any activity car- plication process for the permanent closure SEC. 1813. CONNECTED ACTIONS. ried out by, a Federal agency that is subject of a repository. Section 114(f)(6) of the Nuclear Waste Pol- to the requirements of this Act.’’. ‘‘(5) INFRASTRUCTURE ACTIVITIES.— icy Act of 1982 (42 U.S.C. 10134(f)(6)) is amend- SEC. 1822. EXPEDITED AUTHORIZATIONS. ‘‘(A) AUTHORITY OF SECRETARY.—At any ed— Section 120 of the Nuclear Waste Policy time before or after the Commission issues a (1) by striking ‘‘site, or’’ and inserting Act of 1982 (42 U.S.C. 10140) is amended— final decision on an application for a con- ‘‘site,’’; and (1) in subsection (a)(1)— struction authorization under paragraph (2), (2) by inserting before the period at the end (A) in the first sentence, by inserting ‘‘, or the Secretary may carry out infrastructure the following: ‘‘, or any action related to the conduct of an infrastructure activity,’’ activities that the Secretary determines to construction or operation of a rail transport after ‘‘repository’’; be necessary or appropriate to support the system for transporting spent nuclear fuel or (B) by inserting ‘‘, State, local, or tribal’’ construction of a repository at the Yucca high-level radioactive waste to the reposi- after ‘‘Federal’’ each place it appears; and Mountain site or transportation to the tory’’. (C) in the second sentence, by striking ‘‘re- Yucca Mountain site of spent nuclear fuel positories’’ and inserting ‘‘a repository or in- and high-level radioactive waste, including— SEC. 1814. WASTE CONFIDENCE. frastructure activity’’; ‘‘(i) safety upgrades; For purposes of a determination by the (2) in subsection (b), by striking ‘‘, and ‘‘(ii) site preparation activities; Commission on whether to grant, amend, or may include terms and conditions permitted ‘‘(iii) the construction of— renew any license to construct or operate by law’’; and ‘‘(I) a rail line to connect the Yucca Moun- any civilian nuclear power reactor or high- (3) by adding at the end the following: tain site with the national rail network; and level radioactive waste or spent fuel storage ‘‘(c) FAILURE TO GRANT AUTHORIZATION.— ‘‘(II) any facility necessary for the oper- or treatment facility under the Atomic En- An agency or officer that fails to grant au- ation of the rail line described in subclause ergy Act of 1954 (42 U.S.C. 2011 et seq.)— thorization by the date that is 1 year after (I); and (1) the obligation of the Secretary to de- the date of receipt of an application or re- ‘‘(iv) the construction, upgrade, acquisi- velop a repository in accordance with the quest from the Secretary subject to sub- tion, or operation of— Nuclear Waste Policy Act of 1982 (42 U.S.C. section (a) shall submit to Congress a writ- ‘‘(I) electrical grids or facilities; 10101 et seq.) shall provide sufficient and ten report that explains the reason for the ‘‘(II) related utilities; independent grounds for any further findings ‘‘(III) communication facilities; by the Commission of reasonable assurances failure to grant the authorization (or to re- ‘‘(IV) access roads; that spent nuclear fuel and high-level radio- ject the application or request) by that date. ‘‘(d) TREATMENT OF ACTIONS.—For the pur- ‘‘(V) rail lines; and active waste would be disposed of safely and pose of applying any Federal, State, local, or ‘‘(VI) nonnuclear support facilities. in a timely manner; and tribal law or requirement, the taking of an ‘‘(B) COMPLIANCE.— (2) no consideration of the environmental action relating to a repository or an infra- ‘‘(i) IN GENERAL.—Subject to clause (ii), in impact of the storage of spent nuclear fuel or structure activity shall be considered to be— carrying out any infrastructure activity high-level radioactive waste on the site of ‘‘(1) beneficial, and not detrimental, to the under subparagraph (A), the Secretary shall the civilian nuclear power reactor or high- public interest and interstate commerce; and comply with each applicable requirement level radioactive waste or spent fuel storage ‘‘(2) consistent with the public convenience under the National Environmental Policy or treatment facility under the Atomic En- and necessity.’’. Act of 1969 (42 U.S.C. 4321 et seq.). ergy Act of 1954 (42 U.S.C. 2011 et seq.), for ‘‘(ii) AUTHORITY OF SECRETARY.—If the Sec- the period following the term of the license SEC. 1823. APPLICABILITY OF LAW TO CERTAIN retary determines that an environmental im- for the facility, shall be required in any envi- MATERIALS. pact statement, environmental assessment, ronmental impact statement, environmental Subtitle A of title I of the Nuclear Waste or other environmental analysis required assessment, environmental analysis, or other Policy Act of 1982 (42 U.S.C. 10131 et seq.) is under the National Environmental Policy analysis prepared in connection with the amended by adding at the end the following: Act of 1969 (42 U.S.C. 4321 et seq.) is required issuance, amendment or renewal of a license ‘‘SEC. 126. APPLICABILITY OF LAW TO CERTAIN in carrying out an infrastructure activity to construct or operate the facility. MATERIALS. under subparagraph (A), the Secretary shall ‘‘Section 6001(a) of the Solid Waste Dis- SEC. 1815. DEFINITION OF HIGH-LEVEL RADIO- posal Act (42 U.S.C. 6961(a)) shall not apply not be required to consider in that state- ACTIVE WASTE. to— ment, assessment, or analysis— Section 2 of the Nuclear Waste Policy Act ‘‘(1) any material, the title of which is in ‘‘(I) the need for the action; of 1982 (42 U.S.C. 10101) is amended by strik- the possession of the Secretary, if the mate- ‘‘(II) any alternative action; or ing paragraph (12) and inserting the fol- rial is transported or stored in a package, ‘‘(III) any no-action alternative. lowing: ‘‘(iii) OTHER FEDERAL AGENCIES.— cask, or other container that the Commis- ‘‘(12) HIGH-LEVEL RADIOACTIVE WASTE.—The sion has certified for transportation or stor- ‘‘(I) IN GENERAL.—If a Federal agency is re- term ‘high-level radioactive waste’ means— age of that type of material; or quired to consider the potential environ- ‘‘(A) the highly radioactive material re- ‘‘(2) any material located at the Yucca mental impact of an infrastructure activity sulting from the reprocessing in the United Mountain site for disposal if the manage- carried out under subparagraph (A), the Fed- States of spent nuclear fuel, including liquid ment and disposal of the material is man- eral agency shall, without further action, waste produced directly in reprocessing and aged or disposed of in accordance with a li- adopt, to the maximum extent practicable, any solid material derived from such liquid cense issued by the Commission.’’. any environmental impact statement, envi- waste that contains fission products in suffi- ronmental assessment, or other environ- cient concentrations; SEC. 1824. AGREEMENT WITH STATE OF NEVADA. mental analysis prepared by the Secretary. ‘‘(B) the highly radioactive material de- Section 170 of the Nuclear Waste Policy ‘‘(II) EFFECT OF ADOPTION OF STATEMENT.— scribed in section 3(b)(1)(D) of the Low-Level Act of 1982 (42 U.S.C. 10173) is amended by The adoption by a Federal agency of an envi- Radioactive Waste Policy Act (42 U.S.C. striking subsection (c) and inserting the fol- ronmental impact statement, environmental 2021c(b)(1)(D) resulting from the operation of lowing: assessment, or other environmental analysis facilities licensed under section 103 or 104 of ‘‘(c) AGREEMENT WITH STATE OF NEVADA.— under subclause (I) shall satisfy each appli- the Atomic Energy Act of 1954 (42 U.S.C. 2133, ‘‘(1) AGREEMENT.— cable responsibility of the Federal agency re- 2134); and ‘‘(A) IN GENERAL.—The Secretary shall lating to the applicable infrastructure activ- ‘‘(C) any other highly radioactive material offer to enter into a benefits agreement with ity of the Federal agency under the National that the Commission, consistent with law, the Governor of the State of Nevada (re- Environmental Policy Act of 1969 (42 U.S.C. may determine by rule requires permanent ferred to in this subsection as the ‘State’). 4321 et seq.). isolation.’’. ‘‘(B) CONSULTATION.—A benefits agreement ‘‘(C) CONSIDERATION BY COMMISSION.—The under this paragraph shall be negotiated in Commission shall not consider the fact that Subtitle B—Administration consultation with affected units of local gov- the Secretary has undertaken an infrastruc- SEC. 1821. AIR QUALITY PERMITS. ernment in the State. ture activity under this paragraph as a fac- Section 114 of the Nuclear Waste Policy ‘‘(C) REQUIREMENT.—A benefits agreement tor in determining whether to approve, deny, Act of 1982 (42 U.S.C. 10134) is amended by under this paragraph shall require that no or condition an application— adding at the end the following: funds received under the benefits agreement

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Mr. CRAIG (for himself, Mr. methods used to determine additionality and any activity the goal or effect of which is to DOMENICI, Mr. BARRASSO, Mr. ALLARD, establish baselines shall, for each project slow, interrupt, or prevent the licensing, and Mr. CRAPO) submitted an amend- type, at a minimum— construction, or operation of a geological re- ment intended to be proposed by him (A) in the case of a biological sequestration pository at Yucca Mountain in the State. to the bill S. 3036, to direct the Admin- project, determine the greenhouse gas flux or ‘‘(2) PAYMENTS.—Subject to paragraph (3), change in carbon stocks using a base year as the Secretary may pay to the State, pursu- istrator of the Environmental Protec- the baseline carbon stocks, to be established ant to a benefits agreement under paragraph tion Agency to establish a program to using forest and agriculture inventory quan- (1)— decrease emissions of greenhouse gases, tification methods in accordance with sec- ‘‘(A) $100,000,000 for each fiscal year during and for other purposes; which was or- tion 1605(b) of the Energy Policy Act of 1992 the period beginning on the date on which a dered to lie on the table; as follows: (42 U.S.C. 13385(b)); license application to build a geological re- On page 16, strike lines 19 through 24 and (B) in the case of an emission reduction pository in the State is submitted to Sec- insert the following: project, use as a basis emissions from com- retary and ending on the date on which the (1) ADDITIONAL; ADDITIONALITY.— parable land or facilities; and license is granted; (A) IN GENERAL.—The terms ‘‘additional’’ (C) in the case of a sequestration project or ‘‘(B) $250,000,000 for each fiscal year during and ‘‘additionality’’ mean the extent to emission reduction project, specify a se- the construction phase of the approved geo- which reductions in greenhouse gas emis- lected time period. logical repository; and sions or increases in sequestration are incre- On page 112, between lines 2 and 3, insert ‘‘(C) $500,000,000 for each fiscal year begin- mental to business-as-usual, measured as the the following: ning after the date on which spent nuclear difference between— fuel is initially stored in the approved geo- (i) baseline greenhouse gas fluxes of an off- SEC. 312. DOMESTIC FORESTRY CARBON MAN- AGEMENT TOOLS. logical repository. set project; and ‘‘(3) CONDITIONS.— (ii) greenhouse gas fluxes of the offset (a) DEFINITION OF RENEWABLE BIOMASS.— ‘‘(A) SOURCE OF FUNDS.—The Secretary project. Section 211(o)(1) of the Clean Air Act (42 shall use only amounts in the Low- and Zero- (B) BIOLOGICAL SEQUESTRATION.—The terms U.S.C. 7545(o)(1)) is amended by striking sub- Carbon Electricity Technology Fund estab- ‘‘additional’’ and ‘‘additionality’’ mean, with paragraph (I) and inserting the following: lished by section 902 of the Lieberman-War- respect to biological sequestration, the ex- ‘‘(I) RENEWABLE BIOMASS.—The term ‘re- ner Climate Security Act of 2008 to make tent to which reductions in greenhouse gas newable biomass’ means— payments to the State pursuant to para- emissions or increases in sequestration are ‘‘(i) planted crops and crop residue har- graph (2). incremental to the baseline, measured as the vested from agricultural land cleared or cul- ‘‘(B) PROHIBITION.—No amounts in the Nu- difference between— tivated at any time prior to the date of en- clear Waste Fund established by section (i) the baseline established for the applica- actment of the Lieberman-Warner Climate 302(c) shall be used to make payments to the ble base year; and Security Act of 2008 that is— State pursuant to paragraph (2). (ii) verified net changes in greenhouse ‘‘(I) actively managed; or ‘‘(C) DISTRIBUTION TO AFFECTED UNITS OF gases or carbon stocks. ‘‘(II) fallow and nonforested; LOCAL GOVERNMENT.—Of the amount of funds On page 25, lines 20 and 21, strike ‘‘sections ‘‘(ii) renewable materials (such as trees, made available to the State for a fiscal year 1313(a) and 1314(b)’’ and insert ‘‘section wood, brush, thinnings, chips, and slash) under paragraph (2), the State shall pro- 1313(a)’’. that— vide— Beginning on page 74, strike line 6 through ‘‘(I) are removed— ‘‘(i) 5 percent of the amount to Nye Coun- 9 and insert the following: ‘‘(aa) to reduce hazardous fuels; ty; and TITLE III—REDUCING EMISSIONS ‘‘(bb) to reduce or contain disease or insect ‘‘(ii) 5 percent of the amount to other af- THROUGH DOMESTIC OFFSETS infestation; or fected units of local government.’’. On page 78, lines 4 and 5, strike ‘‘inter- ‘‘(cc) to restore forest health; ‘‘(II) would not otherwise be used for high- SEC. 1825. AUTHORITY FOR NEW STANDARD CON- national allowances under section 322 and’’. TRACTS. On page 84, strike lines 7 through 14 and in- er-value products; and ‘‘(III) are removed from National Forest Section 302(a)(5) of the Nuclear Waste Pol- sert the following: System land or public lands (as defined in icy Act of 1982 (42 U.S.C. 10222(a)(5)) is (B) changes in carbon stocks attributed to section 103 of the Federal Land Policy and amended— land use change and forestry activities, in- Management Act of 1976 (43 U.S.C. 1702)) in (1) by redesignating subparagraphs (A) and cluding— accordance with— (B) as clauses (i) and (ii), respectively, and (i) afforestation or reforestation of acreage ‘‘(aa) applicable land management plans; indenting appropriately; not forested as of October 18, 2007; and (2) by striking ‘‘(5) Contracts’’ and insert- (ii) sustainably managed forests resulting ‘‘(bb) the requirements for old-growth ing the following: in positive changes in carbon stocks, includ- ing— maintenance, restoration, and management ‘‘(5) REQUIREMENTS RELATING TO CON- (I) long-lived wood products in use for a pe- direction of paragraphs (2), (3), and (4) of sub- TRACTS.— riod of at least 100 years; and section (e) and the requirements for large- ‘‘(A) IN GENERAL.—Subject to subparagraph tree retention of subsection (f) of section 102 (B), a contract’’; and (II) wood stored in landfills in accordance of the Healthy Forests Restoration Act of (3) by adding at the end the following: with guidelines established pursuant to sec- tion 1605(b) of the Energy Policy Act of 1992 2003 (16 U.S.C. 6512); or ‘‘(B) CIVILIAN NUCLEAR POWER REACTORS.— ‘‘(iii) renewable materials (such as trees, After the date of enactment of the Nuclear (42 U.S.C. 13385(b)); and wood, brush, thinnings, chips, and slash) that Waste Policy Amendments Act of 2008, for (iii) conservation of grassland and forested are removed from non-Federal forest land or any civilian nuclear power reactor for which land; On page 98, line 7, strike ‘‘and’’. from forest land belonging to an Indian a license application is filed with the Com- On page 98, between lines 7 and 8, insert tribe, or an Indian individual, that is held in mission in accordance with section 103 or 104 the following: trust by the United States or subject to a re- of the Atomic Energy Act of 1954 (42 U.S.C. (C) guidelines established pursuant to sec- striction against alienation imposed by the 2133, 2134), a contract under this section tion 1605(b) of the Energy Policy Act of 1992 United States, including— shall— (42 U.S.C. 13385(b)) for use in the quantifica- ‘‘(I) animal waste and byproducts (includ- ‘‘(i) not later than 60 days after the date on tion of forestry and agriculture offsets; and ing fats, oils, greases, and manure); which the Commission dockets the license On page 98, line 8, strike ‘‘(C)’’ and insert ‘‘(II) algae; and application, be entered into by the Sec- ‘‘(D)’’. ‘‘(III) separated yard waste or food waste, retary; On page 98, strike lines 20 through 23 and including recycled cooking and trap ‘‘(ii) be consistent with the standard con- insert the following: grease.’’. tract for disposal of spent nuclear fuel and/or (B) except in any case in which a forest is high-level radioactive waste described in sec- managed under a third-party certification (b) TAX CREDIT RATE PARITY FOR OPEN- tion 961.11 of title 10, Code of Federal Regula- system (including but not limited to, the LOOP BIOMASS FACILITIES.— tions (as in effect on January 1, 2006); Sustainable Forestry Initiative, the Forest (1) IN GENERAL.—Section 45(b)(4)(A) of the ‘‘(iii) require that not later than 35 years Stewardship Council, and the American Tree Internal Revenue Code of 1986 (relating to after the date on which the civilian nuclear Farm System), require that leakage be sub- credit rate) is amended by striking ‘‘(3),’’. power reactor first commences commercial tracted from reductions, destruction, avoid- (2) EFFECTIVE DATE.—The amendment operation, the Secretary take title to, trans- ance in greenhouse gas emissions or in- made by this subsection shall apply to elec- port, and dispose of the spent nuclear fuel or creases in sequestration attributable to a tricity produced and sold in calendar years high-level radioactive waste of the civilian project. beginning after the date of the enactment of nuclear power reactor; and Beginning on page 98, strike line 24 and all this Act. ‘‘(iv) not contain any provision that pro- that follows through page 99, line 18, and in- (c) STEWARDSHIP END-RESULT CONTRACTING vides for the adjustment of the 1.0 mil per sert the following: PROJECTS.—Section 8 of the Cooperative For- kilowatt-hour fee established by paragraph (2) ADDITIONALITY DETERMINATION AND estry Assistance Act of 1978 (16 U.S.C. 2104) is (2).’’. BASELINE ESTIMATION.—The standardized amended—

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(1) by redesignating subsection (h) as sub- ‘‘(C) REQUIREMENTS.—The functional, oper- ‘‘(C) PROJECT MANAGEMENT.— section (j) and moving that subsection so as ational, and performance requirements for ‘‘(i) IN GENERAL.—The industry group shall to appear at the end of the section; and high-temperature, gas-cooled nuclear energy use commercial practices and project man- (2) by inserting after subsection (g) the fol- technologies shall be determined by the agement processes and tools in carrying out lowing: needs of marketplace industrial end-users activities to support the Project. ‘‘(h) CANCELLATION OR TERMINATION (such as owners and operators of nuclear en- ‘‘(ii) INTERFACE REQUIREMENTS.—The re- COSTS.— ergy facilities, petrochemical entities, and quirements for interface between the project ‘‘(1) IN GENERAL.—Notwithstanding section petroleum entities), as projected for the 40- management requirements of the Depart- 304B of the Federal Property and Adminis- year period beginning on the date of enact- ment (including the requirements contained trative Services Act of 1949 (41 U.S.C. 254c) or ment of this paragraph.’’; and in the document of the Department num- any other provision of law, the Secretary (2) in subsection (b)— bered DOE O 413.3A and entitled ‘Program shall not obligate funds to cover the cost of (A) in the matter preceding paragraph (1), and Project Management for the Acquisition cancelling a Forest Service stewardship by inserting ‘‘licensing,’’ after ‘‘design,’’; of Capital Assets’) and the commercial prac- multiyear contract under section 347 of the (B) in paragraph (1), by striking ‘‘942(d)’’ tices and project management processes and Department of the Interior and Related and inserting ‘‘952(d)’’; and tools described in clause (i) shall be defined Agencies Appropriations Act, 1999 (16 U.S.C. (C) by striking paragraph (2) and inserting in the agreement under subparagraph (A). 2104 note; section 101(e) of division A of Pub- the following: ‘‘(3) COST SHARING.—Activities of industrial lic Law 105–277) until the contract is can- ‘‘(2) demonstrates the capability of the nu- partners funded by the Project shall be cost- celled. clear energy system to provide high-tem- shared in accordance with section 988. ‘‘(2) COST OF CANCELLATION OR TERMI- perature process heat to produce— ‘‘(4) PREFERENCE.—Preference in deter- NATION.—The costs of any cancellation or ‘‘(A) electricity, steam, and other heat mining the final structure of industrial part- termination of a multiyear stewardship con- transport fluids; and nerships under this part shall be given to a tract may be paid from any appropriations ‘‘(B) hydrogen and oxygen, separately or in structure (including designating as a lead in- that are made available to the Forest Serv- combination.’’. dustrial partner an entity incorporated in ice. (b) PROJECT MANAGEMENT.—Section 642 of the United States) that retains United ‘‘(3) ANTI-DEFICIENCY ACT VIOLATIONS.—In a the Energy Policy Act of 2005 (42 U.S.C. States technological leadership in the case in which payment or obligation of funds 16022) is amended to read as follows: Project while maximizing cost sharing op- under this subsection would constitute a vio- ‘‘SEC. 642. PROJECT MANAGEMENT. portunities and minimizing Federal funding lation of section 1341 of title 31, United ‘‘(a) DEPARTMENTAL MANAGEMENT.— responsibilities. States Code (commonly known as the ‘Anti- ‘‘(1) IN GENERAL.—The Project shall be ‘‘(d) PROTOTYPE PLANT SITING.—The proto- Deficiency Act’), the Secretary shall seek a managed in the Department by the Office of type nuclear reactor and associated plant supplemental appropriation.’’. Nuclear Energy. shall be sited at the Idaho National Labora- Beginning on page 112, strike line 3 and all ‘‘(2) GENERATION IV NUCLEAR ENERGY SYS- tory in Idaho. that follows through page 116, line 16. TEMS INITIATIVE.— ‘‘(e) REACTOR TEST CAPABILITIES.—The On page 150, strike lines 15 through 22 and ‘‘(A) IN GENERAL.—Subject to subparagraph Project shall use, if appropriate, reactor test insert the following: (B), the Project may be carried out in coordi- capabilities at the Idaho National Labora- (3) Increase the quantity of offset allow- nation with the Generation IV Nuclear En- tory. ances. ergy Systems Initiative. ‘‘(f) OTHER LABORATORY CAPABILITIES.—The ‘‘(B) REQUIREMENT.—Regardless of whether Project may use, if appropriate, facilities at SA 4933. Mr. CRAIG (for himself and the Project is carried out in coordination other National Laboratories.’’. Mr. INHOFE) submitted an amendment with the Generation IV Nuclear Energy Sys- (c) PROJECT ORGANIZATION.—Section 643 of intended to be proposed by him to the tems Initiative under subparagraph (A), the the Energy Policy Act of 2005 (42 U.S.C. bill S. 3036, to direct the Administrator Secretary shall establish a separate budget 16023) is amended— of the Environmental Protection Agen- line-item for the Project. (1) in subsection (a)(2), by inserting ‘‘trans- cy to establish a program to decrease ‘‘(3) INTERACTION WITH INDUSTRY.—Any ac- port and’’ before ‘‘conversion’’; tivity to support the Project by an indi- (2) in subsection (b)— emissions of greenhouse gases, and for (A) in paragraph (1)— other purposes; which was ordered to vidual or entity in the private industry shall be carried out pursuant to a competitive co- (i) by striking subparagraph (C); and lie on the table; as follows: operative agreement or other assistance (ii) by redesignating subparagraphs (A), At the end, add the following: agreement (such as a technology investment (B), and (D) as clauses (i), (ii), and (iii), re- TITLE XVIII—NEXT GENERATION agreement) between the Department and the spectively, and indenting the clauses appro- NUCLEAR PLANT industry group established under subsection priately; SEC. 1801. NEXT GENERATION NUCLEAR PLANT (c). (B) in paragraph (2)— PROJECT MODIFICATIONS. ‘‘(b) LABORATORY MANAGEMENT.— (i) in subparagraph (B), by striking ‘‘, (a) PROJECT ESTABLISHMENT.—Section 641 ‘‘(1) IN GENERAL.—The Idaho National Lab- through a competitive process,’’; of the Energy Policy Act of 2005 (42 U.S.C. oratory shall be the lead National Labora- (ii) in subparagraph (C), by striking ‘‘reac- 16021) is amended— tory for the Project. tor’’ and inserting ‘‘energy system’’; (1) in subsection (a)— ‘‘(2) COLLABORATION.—The Idaho National (iii) in subparagraph (D), by striking ‘‘hy- (A) by striking the subsection designation Laboratory shall collaborate regarding re- drogen or electricity’’ and inserting ‘‘energy and heading and all that follows through search and development activities with other transportation, conversion, and’’; and ‘‘The Secretary’’ and inserting the following: National Laboratories, institutions of higher (iv) by redesignating subparagraphs (A) ‘‘(a) ESTABLISHMENT AND OBJECTIVE.— education, research institutes, representa- through (D) as clauses (i) through (iv), re- ‘‘(1) ESTABLISHMENT.—The Secretary’’; and tives of industry, international organiza- spectively, and indenting the clauses appro- (B) by adding at the end the following: tions, and Federal agencies to support the priately; ‘‘(2) OBJECTIVE.— Project. (C) by redesignating paragraphs (1) and (2) ‘‘(A) DEFINITION OF HIGH-TEMPERATURE, ‘‘(c) INDUSTRY GROUP.— as subparagraphs (A) and (B), respectively, GAS-COOLED NUCLEAR ENERGY TECHNOLOGY.— ‘‘(1) ESTABLISHMENT.—The Secretary shall and indenting the subparagraphs appro- In this paragraph, the term ‘high-tempera- establish a group of appropriate industrial priately; ture, gas-cooled nuclear energy technology’ partners in the private sector to carry out (D) by striking ‘‘The Project shall be’’ and means any nongreenhouse gas-emitting nu- cost-shared activities with the Department inserting the following: clear energy technology that provides— to support the Project. ‘‘(1) IN GENERAL.—The Project shall be’’; ‘‘(i) an alternative to the burning of fossil ‘‘(2) COOPERATIVE AGREEMENT.— and fuels for industrial applications; and ‘‘(A) IN GENERAL.—The Secretary shall (E) by adding at the end the following: ‘‘(ii) process heat to generate, for example, offer to enter into a cooperative agreement ‘‘(2) OVERLAPPING PHASES.—The phases de- electricity, steam, hydrogen, and oxygen for or other assistance agreement with the in- scribed in paragraph (1) may overlap for the activities such as— dustry group established under paragraph (1) Project or any portion of the Project, as nec- ‘‘(I) petroleum refining; to manage and support the development, li- essary.’’; and ‘‘(II) petrochemical processes; censing, construction, and initial operation (3) in subsection (c)— ‘‘(III) converting coal to synfuels and other of the Project. (A) in paragraph (1)(A), by striking ‘‘pow- hydrocarbon feedstocks; and ‘‘(B) REQUIREMENT.—The agreement under erplant’’ and inserting ‘‘power plant’’; ‘‘(IV) desalination. subparagraph (A) shall contain a provision (B) in paragraph (2), by adding at the end ‘‘(B) DESCRIPTION OF OBJECTIVE.—The ob- under which the industry group may enter the following: jective of the Project shall be to carry out into contracts with entities in the public ‘‘(E) INDUSTRY GROUP.—The industry group demonstration projects for the development, sector for the provision of services and prod- established under section 642(c) may enter licensing, and operation of high-tempera- ucts to that sector that reflect typical com- into any necessary contracts for services, ture, gas-cooled nuclear energy technologies mercial practices regarding terms and condi- support, or equipment in carrying out an to support commercialization of those tech- tions for risk, accountability, performance, agreement with the Department.’’; and nologies. and quality. (C) in paragraph (3)—

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00165 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.146 S05JNPT1 smartinez on PROD1PC64 with SENATE S5292 CONGRESSIONAL RECORD — SENATE June 5, 2008 (i) in the paragraph heading, by striking submit to Congress a report that contains a (ii) the total number of degrees of globally ‘‘RESEARCH’’; summary of each cooperative agreement or averaged temperature increase avoided by (ii) in the matter preceding subparagraph other assistance agreement (such as a tech- 2050. (A), by striking ‘‘Research’’; nology investment agreement) entered into (2) TERMINATION.—The authorities provided (iii) by striking ‘‘NERAC’’ each place it ap- between the Secretary and the industry by this Act and the amendments made by pears and inserting ‘‘NEAC’’; group under section 642(a)(3), including a de- this Act shall terminate on the date that is (iv) in subparagraph (A), by striking clause scription of the means by which the agree- 10 years after the date of enactment of this (i) and inserting the following: ment will provide for successful completion Act if the Administrator determines that ‘‘(i) review program plans for the Project of the development, design, licensing, con- China or India has not adopted a climate prepared by the Office of Nuclear Energy and struction, and initial operation and dem- change proposal similar in scope and effect all progress under the Project on an ongoing onstration period of the prototype facility of to this Act by that date. basis; and’’; the Project. (v) in subparagraph (B), by striking ‘‘or ap- ‘‘(b) OVERALL PROJECT PLAN.— SA 4935. Mr. CARDIN (for himself, point’’ and inserting ‘‘by appointing’’; and ‘‘(1) IN GENERAL.—Not later than December Mr. ALEXANDER, and Mr. WARNER) sub- (vi) in subparagraph (D)— 31, 2009, the Secretary shall submit to Con- mitted an amendment intended to be (I) by striking ‘‘On a determination’’ and gress an overall plan for the Project, to be proposed by him to the bill S. 3036, to inserting the following: prepared jointly by the Secretary and the in- direct the Administrator of the Envi- ‘‘(i) IN GENERAL.—On a determination’’; dustry group established under section (II) in clause (i) (as designated by sub- ronmental Protection Agency to estab- 642(c), pursuant to a cooperative agreement lish a program to decrease emissions of clause (I))— or other assistance agreement (such as a (aa) by striking ‘‘subsection (b)(1)’’ and in- technology investment agreement). greenhouse gases, and for other pur- serting ‘‘subsection (b)(1)(A)’’; and ‘‘(2) INCLUSIONS.—The plan under para- poses; which was ordered to lie on the (bb) by striking ‘‘subsection (b)(2)’’ and in- graph (1) shall include— table; as follows: serting ‘‘subsection (b)(1)(B)’’; and ‘‘(A) a summary of the schedule for the de- On page 474, line 14, strike ‘‘and’’. (III) by adding at the end the following: sign, licensing, construction, and initial op- On page 475, strike line 5 and insert the fol- ‘‘(ii) SCOPE.—The scope of the review con- eration and demonstration period for the nu- lowing: ducted under clause (i) shall be in accord- clear energy system prototype facility and ance with an applicable cooperative agree- ties of the covered entities; and hydrogen production prototype facility of (12) the energy policy of the United States, ment or other assistance agreement (such as the Project; a technology investment agreement) be- including— ‘‘(B) the process by which a specific design (A) a review of relevant analyses of the tween the Secretary and the industry group for the prototype nuclear energy system fa- established under section 642(c).’’. current and long-term energy policies of, and cility and hydrogen production facility will conditions in, the United States; (d) NUCLEAR REGULATORY COMMISSION.— be selected; Section 644 of the Energy Policy Act of 2005 (B) an identification of the sources and ‘‘(C) the specific licensing strategy for the (42 U.S.C. 16024) is amended— trends, by country of origin, of energy used Project, including— (1) in subsection (b)— by the United States; ‘‘(i) resource requirements of the Nuclear (A) by redesignating paragraphs (1) (C) an identification of problems that Regulatory Commission; and through (4) as subparagraphs (A) through might threaten the achievement by the ‘‘(ii) the schedule for the submission of a (D), respectively, and indenting the subpara- United States of long-term energy policy preapplication, the submission of an applica- graphs appropriately; goals, including energy independence; tion, and application review for the proto- (B) by striking ‘‘Not later than’’ and in- (D) an analysis of potential solutions to type nuclear energy system facility of the serting the following: problems that threaten the long-term ability Project; ‘‘(1) IN GENERAL.—Not later than’’; and of the United States to achieve those energy ‘‘(D) a summary of the schedule for each (C) by adding at the end the following: policy goals; and major event relating to the Project; and ‘‘(2) REQUIREMENT.—To the maximum ex- (E) recommendations to ensure, to the ‘‘(E) a time-based cost and cost-sharing tent practicable, in carrying out subpara- maximum extent practicable, that the en- profile to support planning for appropria- graphs (B) and (C) of paragraph (1), the Nu- ergy policy goals of the United States are tions.’’; and clear Regulatory Commission shall inde- achieved. (2) in subsection (d), in the matter pre- pendently review and, as appropriate, use the ceding paragraph (1), by striking ‘‘research results of analyses conducted for or by the li- SA 4936. Mr. CARDIN (for himself and construction activities’’ and inserting cense applicant.’’; and and Ms. MIKULSKI) submitted an ‘‘research and development, design, licens- (2) by striking subsection (c) and inserting amendment intended to be proposed by ing, construction, and initial operation and the following: demonstration activities’’. him to the bill S. 3036, to direct the Ad- ‘‘(c) ONGOING INTERACTION.—The Nuclear ministrator of the Environmental Pro- Regulatory Commission shall establish a tection Agency to establish a program separate program office for advanced reac- SA 4934. Mr. CRAIG submitted an to decrease emissions of greenhouse tors— amendment intended to be proposed by gases, and for other purposes; which ‘‘(1) to develop and implement regulatory him to the bill S. 3036, to direct the Ad- was ordered to lie on the table; as fol- requirements consistent with the safety ministrator of the Environmental Pro- bases of the type of nuclear reactor devel- lows: tection Agency to establish a program oped by the Project, with the specific objec- At the end of title XII, add the following: tive that the requirements shall be applied to decrease emissions of greenhouse Subtitle E—Climate Science Fund to follow-on commercialized high-tempera- gases, and for other purposes; which ture, gas-cooled nuclear reactors; was ordered to lie on the table; as fol- SEC. 1241. CLIMATE SCIENCE FUND. ‘‘(2) to avoid conflicts in the availability of lows: (a) ESTABLISHMENT.—There is established resources with licensing activities for light in the Treasury of the United States a fund, On page 475, between lines 5 and 6, insert water reactors; to be known as the ‘‘Climate Science Fund’’ the following: ‘‘(3) to focus and develop resources of the (referred to in this section as the ‘‘Fund’’). Nuclear Regulatory Commission for the re- (d) EFFECTIVE PERIOD.— (b) PURPOSES.—The purposes of the Fund view of advanced reactors; (1) IN GENERAL.—This Act and the amend- shall be— ‘‘(4) to support the effective and timely re- ments made by this Act shall not take effect (1) to support focused research initiatives view of preapplication activities and review until the later of— directed toward the assimilation of climate of applications to support applicant needs; (A) the date on which the National Acad- monitoring observations into research and and emy of Sciences submits to the Adminis- operational models for climate, weather, and ‘‘(5) to provide for the timely development trator and Congress a certification that the ecosystems; of regulatory requirements, including National Academy of Sciences has deter- (2) to expand global data collection, moni- through the preapplication process, and re- mined, with not less than 90 percent cer- toring, and analysis activities of the atmos- view of applications for advanced tech- tainty, that the implementation of this Act phere, oceans, cryosphere, land cover and nologies, such as high-temperature, gas- will reduce global average temperature by use, and terrestrial and freshwater eco- cooled nuclear technology systems.’’. not less than 0.5 degrees Celsius by January systems— (e) PROJECT TIMELINES AND AUTHORIZATION 1, 2050, as compared to the global average (A) to provide continuous, reliable, use- OF APPROPRIATIONS.—Section 645 of the En- temperature that would have existed on that able, and accessible information on— ergy Policy Act of 2005 (42 U.S.C. 16025) is date in the absence of this Act; and (i) the state, change, and variability of the amended— (B) the date on which the Administrator climate system; and (1) by striking subsections (a) and (b) and certifies that the cost of implementing this (ii) the response of the biosphere; and inserting the following: Act will not exceed the ratio that— (B) for the purposes of— ‘‘(a) SUMMARY OF AGREEMENT.—Not later (i) $10,000,000,000,000 in reduced gross do- (i) prediction of climate and weather, and than December 31, 2009, the Secretary shall mestic product of the United States; bears to the ecological response of those changes; and

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00166 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.147 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5293 (ii) the reduction of uncertainties in that Resources, shall submit to the Adminis- On page 331, lines 5 and 6, strike ‘‘commer- prediction; trator the budget requirements for global cial’’. (3) to design, deploy, and maintain hydro- change research in the United States for On page 331, line 7, insert ‘‘and direct and logic and ecologic observing systems suit- each fiscal year. indirect greenhouse gas emissions’’ after ‘‘ef- able for detecting climate change and the in- (d) DEPOSITS IN FUND.—Not later than 330 ficiency’’. fluence of climate change on water and nat- days before the beginning of each of calendar On page 331, line 10, strike ‘‘commercial’’. ural resources; years 2012 through 2050, the Administrator On page 331, line 18, insert ‘‘and reductions (4) to strengthen global, regional, and local shall— of direct and indirect greenhouse gas emis- data collection and monitoring of green- (1) auction a quantity of the emission al- sions’’ after ‘‘efficiency’’. house gas concentrations and aerosol con- lowances established for that calendar year On page 331, line 23, strike ‘‘commercial’’. centrations— pursuant to section 201(a) sufficient to gen- (A) for the purpose of verifying greenhouse erate proceeds equal to the amount specified SA 4938. Mr. CARDIN submitted an gas levels; and in the budget submitted for the applicable amendment intended to be proposed by (B) to reduce uncertainties associated with fiscal year under subsection (c); and him to the bill S. 3036, to direct the Ad- interannual variability in the global carbon (2) deposit those proceeds in the Fund. cycle and the radiative influence of other at- (e) USE OF FUNDS.—Notwithstanding sec- ministrator of the Environmental Pro- mospheric constituents in the forcing of cli- tion 3302 of title 31, United States Code, the tection Agency to establish a program mate change; proceeds of auctions under this section to decrease emissions of greenhouse (5) to maintain and enhance regional and shall— gases, and for other purposes; which local ground observing networks for the pur- (1) be credited as offsetting collections to was ordered to lie on the table; as fol- poses of— carry out the United States Global Change lows: (A) developing and maintaining long-term Research Program; Strike section 611, and insert the fol- climate records; (2) be available for expenditure only to pay lowing: (B) climate monitoring; and the costs of carrying out the United States (C) predicting climate and weather pat- Global Change Research Program; SEC. 611. PUBLIC TRANSPORTATION AND TRANS- terns; (3) be available only to the extent provided PORTATION ALTERNATIVES. (6) to strengthen intergovernmental co- in advance in an appropriations Act; and (a) TRANSPORTATION SECTOR EMISSION RE- ordination for environmental data acquisi- (4) remain available until expended. DUCTION FUND.—There is established in the tion, archiving, and dissemination; Treasury of the United States a fund, to be (7) to improve the use of climate informa- SA 4937. Mr. CARDIN (for himself, known as the ‘‘Transportation Sector Emis- tion for decisionmaking through an inte- Mr. CARPER, and Mr. WARNER) sub- sion Reduction Fund’’. grated program of research and assessment mitted an amendment intended to be (b) AUCTION OF ALLOWANCES.—In accord- that— proposed by him to the bill S. 3036, to ance with subsections (c) and (d), to fund (A) transitions research to operations and awards for transportation alternatives in- direct the Administrator of the Envi- cluding public transportation and related ac- operational production; and ronmental Protection Agency to estab- (B) delivers local and regional climate tivities, for each of calendar years 2012 services that can be used to enhance adapt- lish a program to decrease emissions of through 2050, the Administrator shall auc- ive management options; greenhouse gases, and for other pur- tion a quantity of the emission allowances (8) to support emerging climate science re- poses; which was ordered to lie on the established pursuant to section 201(a) for search priorities identified by the Com- table; as follows: each calendar year. (c) NUMBER; FREQUENCY.—For each cal- mittee on Environment and Natural Re- On page 41, line 13, insert ‘‘(including any endar year during the period described in sources; and designated recipient (as defined in section subsection (b), the Administrator shall— (9) to increase funding for— 5307(a) of title 49, United States Code) and (1) conduct not fewer than 4 auctions; and (A) climate and ocean observing systems; any recipient or subrecipient (as defined in (2) schedule the auctions in a manner to (B) ground-based terrestrial and freshwater section 5311(a) of title 49, United States ensure that— aquatic long-term monitoring systems; Code))’’ after ‘‘grants to entities’’. (C) atmospheric and deposition monitoring On page 41, line 15, strike ‘‘commercial’’. (A) each auction takes place during the pe- networks; On page 41, line 16, strike ‘‘efficiency of riod beginning 330 days before, and ending 60 (D) data quality control, storage, and ac- those commercial’’ and insert ‘‘efficiency days before, the beginning of each calendar cess; and and direct and indirect greenhouse gas emis- year; and (E) climate and environmental modeling sions of those’’. (B) the interval between each auction is of workforce development. On page 41, line 20, strike ‘‘commercial’’. equal duration. (c) SUBMISSION OF GLOBAL CHANGE RE- On page 42, line 7, strike ‘‘efficiency of a (d) QUANTITIES OF EMISSION ALLOWANCES SEARCH PROGRAM BUDGET REQUIREMENTS TO commercial’’ and insert ‘‘efficiency and di- AUCTIONED.—For each calendar year of the ADMINISTRATOR.—Not later than 1 year after rect and indirect greenhouse gas emissions of period described in subsection (b), the Ad- the date of enactment of this Act, and annu- a’’. ministrator shall auction a quantity of emis- ally thereafter, the National Science and On page 42, line 14, strike ‘‘commercial’’. sion allowances in accordance with the ap- Technology Council, in consultation with On page 42, line 22, strike ‘‘commercial’’. plicable percentages described in the fol- the Committee on Environment and Natural On page 330, line 11, strike ‘‘commercial’’. lowing table:

Percentage for auction for public transpor- Calendar Year tation and transpor- tation alter- natives

2012 ...... 1 2013 ...... 1 2014 ...... 1 2015 ...... 1 2016 ...... 1 2017 ...... 1 2018 ...... 2 2019 ...... 2 2020 ...... 2 2021 ...... 2 2022 ...... 2 .75 2023 ...... 2 .75 2024 ...... 2 .75 2025 ...... 2 .75 2026 ...... 2 .75 2027 ...... 2 .75 2028 ...... 2 .75 2029 ...... 2 .75 2030 ...... 2 .75

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Percentage for auction for public transpor- Calendar Year tation and transpor- tation alter- natives

2031 ...... 2 .75 2032 ...... 2 .75 2033 ...... 2 .75 2034 ...... 2 .75 2035 ...... 2 .75 2036 ...... 2 .75 2037 ...... 2 .75 2038 ...... 2 .75 2039 ...... 2 .75 2040 ...... 2 .75 2041 ...... 2 .75 2042 ...... 2 .75 2043 ...... 2 .75 2044 ...... 2 .75 2045 ...... 2 .75 2046 ...... 2 .75 2047 ...... 2 .75 2048 ...... 2 .75 2049 ...... 2 .75 2050 ...... 2 .75

(e) DEPOSITS.—The Administrator shall de- (4) COST SHARE.—The Federal share of cost (E) improvements in travel and land-use posit all proceeds of auctions conducted pur- of carrying out an activity using a grant data collection and in travel models to bet- suant to subsections (b) and (c), immediately under this subsection shall be determined in ter measure greenhouse gas emissions and on receipt of those proceeds, in the Transpor- accordance with section 5307(e) of title 49, emissions reductions. tation Sector Emission Reduction Fund es- United States Code. (2) DISTRIBUTION OF FUNDS.— tablished by subsection (a). (A) IN GENERAL.—In determining the re- (h) GRANTS FOR CONSTRUCTION OF NEW PUB- (f) USE OF FUNDS.—For each of calendar cipients of grants under this subsection, ap- LIC TRANSPORTATION PROJECTS.— years 2012 through 2050, all funds deposited in plications shall be evaluated based on the (1) IN GENERAL.—Of the funds deposited in the Transportation Sector Emission Reduc- the Transportation Sector Emission Reduc- total direct and indirect greenhouse gas tion Fund in the preceding year pursuant to tion Fund each year pursuant to subsection emissions reductions that are projected to subsection (e) shall be made available, with- (e), 30 percent shall be distributed to State result from the project and projected reduc- out further appropriation or fiscal year limi- and local government authorities, for design, tions as a percentage of the total direct and tation, for grants described in subsections (g) engineering, and construction of new fixed indirect emissions of an entity using meth- through (i). guideway transit projects or extensions to ods developed and promulgated by the Ad- (g) GRANTS TO PROVIDE FOR ADDITIONAL existing fixed guideway transit systems. ministrator, in concert with the Secretary of AND IMPROVED PUBLIC TRANSPORTATION SERV- Transportation. (2) APPLICATIONS.—Applications for grants ICE.— under this subsection shall be reviewed ac- (B) METHODS.—The methods described in (1) IN GENERAL.—Of the funds deposited in cording to the process and criteria estab- subparagraph (A) shall be promulgated not the Transportation Sector Emission Reduc- later than 24 months after the date of enact- tion Fund each year pursuant to subsection lished under section 5309(c) of title 49, United States Code, for major capital investments ment of this Act. (e), 65 percent shall be distributed to des- (3) GOVERNMENT SHARE OF COSTS.—The Fed- ignated recipients (as defined in section and section 5309(d) of title 49, United States Code for other projects. eral share of the cost of an activity funded 5307(a) of title 49, United States Code) to using amounts made available under this (3) TERMS AND CONDITIONS.—Grant funds maintain or improve public transportation subsection may not exceed 80 percent of the and associated measures through activities awarded under this subsection shall be sub- ject to the terms and conditions applicable cost of the activity. eligible under that section, including— (4) TERMS AND CONDITIONS.—Except to the (A) planning activities; to a grant made under section 5309 of title 49, United States Code. extent inconsistent with the terms of this (B) transit enhancements, including pedes- subsection, grant funds awarded under this trian and bicycle infrastructure; (i) GRANTS FOR TRANSPORTATION ALTER- subsection shall be subject to the terms and (C) improvements to lighting, heating, NATIVES AND TRAVEL DEMAND REDUCTION conditions applicable to a grant made under cooling, or ventilation systems in stations PROJECTS.— section 5307 of title 49, United States Code. and other facilities that reduce direct or in- (1) IN GENERAL.—Of the funds deposited (j) CONDITION FOR RECEIPT OF FUNDS.—To direct greenhouse gas emissions; into the Transportation Sector Emission Re- be eligible to receive funds under this sec- (D) adjustments to signal timing or other duction Fund each year pursuant to sub- tion, projects or activities must be part of an vehicle controlling systems that reduce di- section (e), 5 percent shall be awarded to des- integrated State-wide, regional, or local rect or indirect greenhouse gas emissions; ignated recipients (as defined in section transportation plan that shall— (E) purchasing or retrofitting rolling stock 5307(a) of title 49, United States Code) or (1) include all modes of surface transpor- to improve efficiency or reduce greenhouse State or local government authorities, in- tation; gas emissions; and cluding regional planning organizations and (2) utilize integrated transportation data (F) improvements to energy distribution Metropolitan Planning Organizations, to as- collection, monitoring, planning, and mod- systems. sist in reducing the direct and indirect eling methods that consider land use and ac- (2) DISTRIBUTION.—Of the proceeds of auc- greenhouse gas emissions of the systems of count for non-motorized and sub-zone trips; tions conducted under this section, the Ad- the regional transportation sector, (3) report every three years on estimated ministrator shall distribute under paragraph through— direct and indirect transportation sector (1)— (A) programs to reduce vehicle miles trav- greenhouse gas emissions; (A) 60 percent in accordance with the for- eled; (4) be designed to reduce greenhouse gas mulas contained in subsections (a) through (B) bicycle and pedestrian infrastructure, emissions from the transportation sector (c) of section 5336 of title 49, United States including trail networks integrated with through setting specific reduction targets, Code; and transportation plans or bicycle mode-share managing motor vehicle usage; and (B) 40 percent in accordance with the for- targets; (5) be certified by the Administrator as mula contained in section 5340 of that title. (C) programs to establish or expand tele- consistent with the purposes of this Act. (3) TERMS AND CONDITIONS.—A grant pro- commuting or car pool projects that do not (k) TRANSPORTATION SECTOR TECHNICAL CA- vided under this subsection shall be to re- include new roadway capacity; PACITY AND STANDARDS.— duce direct or indirect greenhouse gas emis- (D) transportation and land-use scenario (1) STUDY.—Not later than 180 days after sions and be subject to the terms and condi- analyses and stakeholder engagement to sup- the date of enactment of this Act, to maxi- tions applicable to a grant provided under port development of integrated transpor- mize greenhouse gas emission reductions section 5307 of title 49, United States Code. tation plans; and from the transportation sector—

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(A) the National Academy of Sciences Percentage (D) Hydropower (including incremental hy- Transportation Research Board shall submit for auction dropower and nonhydroelectric dams). to the Administrator and the Secretary of Calendar Year for public (E) Biomass. Transportation a report containing rec- transpor- (F) Marine and hydrokinetic renewable en- ommendations for improving research and tation ergy. tools to assess the effect of transportation (G) Landfill gas. plans and land use plans on motor vehicle 2050 ...... 2 .75. (H) Livestock methane. usage rates and transportation sector green- (I) Fuel cells powered with a renewable-en- house gas emissions; and SA 4940. Mr. SMITH (for himself, Mr. ergy source. (B) the Comptroller General of the United WYDEN, Ms. CANTWELL, and Mr. WAR- States shall submit to the Administrator NER) submitted an amendment in- SA 4941. Mr. BOND submitted an and the Secretary of Transportation a report tended to be proposed by him to the amendment intended to be proposed by describing any shortcomings of current gov- him to the bill S. 3036, to direct the Ad- ernment data sources necessary— bill S. 3036, to direct the Administrator (i) to assess greenhouse gas emissions from of the Environmental Protection Agen- ministrator of the Environmental Pro- the transportation sector; and cy to establish a program to decrease tection Agency to establish a program (ii) to establish plans and policies to effec- emissions of greenhouse gases, and for to decrease emissions of greenhouse tively reduce greenhouse gas emissions from other purposes; which was ordered to gases, and for other purposes; which the transportation sector. lie on the table; as follows: was ordered to lie on the table; as fol- (2) TECHNICAL STANDARDS.—Not later than Beginning on page 290, strike line 16 and lows: 2 years after the date of enactment of this all that follows through page 291, line 4 and Act, based on any recommendations con- On page 161, between lines 6 and 7, insert insert the following: the following: tained in the reports submitted under para- (a) DEFINITIONS.—In this section: graph (1), the Administrator and the Sec- (1) MARINE AND HYDROKINETIC RENEWABLE SEC. 530. ACTION UPON FAILURE OF EMERGENCY OFF-RAMPS TO PREVENT SIGNIFI- retary of Transportation shall promulgate ENERGY.— standards for transportation data collection, CANTLY HIGHER HOME HEATING (A) IN GENERAL.—The term ‘‘marine and BILLS CAUSED BY THIS ACT. monitoring, planning, and modeling. hydrokinetic renewable energy’’ means en- (a) DEFINITIONS.—In this section: ergy derived from— (1) INTERAGENCY CONSULTATION.—The term SA 4939. Mr. CARDIN submitted an (i) waves, tides, and currents in oceans, es- ‘‘interagency consultation’’ means consulta- amendment intended to be proposed by tuaries, and tidal areas; tion with the Secretary of Health and (ii) free-flowing water in rivers, lakes, and him to the bill S. 3036, to direct the Ad- Human Services and the Administrator. streams; ministrator of the Environmental Pro- (2) REGION OF THE COUNTRY.—The term ‘‘re- (iii) free flowing water in an irrigation sys- tection Agency to establish a program gion of the country’’ means any of— tem, canal, or other man-made channel, in- to decrease emissions of greenhouse (A) the northeastern region of the United cluding projects that use nonmechanical States, comprised of the States of Con- gases, and for other purposes; which structures to accelerate the flow of water for necticut, Delaware, Maine, Maryland, Massa- was ordered to lie on the table; as fol- electric power production purposes; or chusetts, New Hampshire, New Jersey, New lows: (iv) differentials in ocean temperature York, Pennsylvania, Rhode Island, and Beginning on page 196, strike line 15 and (ocean thermal energy conversion). Vermont, and the District of Columbia; all that follows through page 198, line 16. (B) EXCEPTIONS.—The term ‘‘marine and (B) the midwestern region of the United hydrokinetic renewable energy’’ does not in- Beginning on page 223, strike the table States, comprised of the States of Illinois, clude any energy that is derived from any that follows line 11 and insert the following: Indiana, Iowa, Michigan, Minnesota, Mis- source that uses a dam, diversionary struc- souri, Ohio, and Wisconsin; ture (except as provided in subparagraph (C) the Great Plains region of the United Percentage (A)(iii)), or impoundment for electric power for auction States, comprised of the States of Kansas, production purposes. Calendar Year for public Nebraska, North Dakota, Oklahoma, and (2) NONHYDROELECTRIC DAM.— transpor- South Dakota; (A) IN GENERAL.—The term ‘‘nonhydro- tation (D) the southern region of the United electric dam’’ means any nonhydroelectric States, comprised of the States of Alabama, 2012 ...... 3 dam if— Arkansas, Florida, Georgia, Kentucky, Lou- 2013 ...... 3 (i) the hydroelectric project installed on isiana, Mississippi, North Carolina, South 2014 ...... 3 the nonhydroelectric dam is licensed by the Carolina, Tennessee, Texas, Virginia, and 2015 ...... 3 Federal Energy Regulatory Commission and West Virginia; 2016 ...... 3 meets all other applicable environmental, li- (E) the mountain west region of the United 2017 ...... 3 censing, and regulatory requirements; States, comprised of the States of Arizona, 2018 ...... 3 (ii) the nonhydroelectric dam was placed in Colorado, Idaho, Montana, Nevada, New Mex- 2019 ...... 3 service before the date of the enactment of ico, Utah, and Wyoming; and 2020 ...... 3 this Act and operated for flood control, navi- (F) the western region of the United 2021 ...... 3 gation, or water supply purposes and did not States, comprised of the States of Alaska, 2022 ...... 3 .75 produce hydroelectric power on the date of California, Hawaii, Oregon, and Washington. 2023 ...... 3 .75 the enactment of this Act; and 2024 ...... 3 .75 (iii) the hydroelectric project is operated (b) ADMINISTRATOR ACTION.—Notwith- 2025 ...... 3 .75 so that the water surface elevation at any standing any other provision of this Act, 2026 ...... 3 .75 given location and time that would have oc- upon a determination under subsection (c) of 2027 ...... 3 .75 curred in the absence of the hydroelectric the failure of emergency off-ramp provisions 2028 ...... 3 .75 project is maintained, subject to any license under this subtitle to prevent significantly 2029 ...... 3 .75 requirements imposed under applicable law higher home heating bills caused by this Act, 2030 ...... 3 .75 that change the water surface elevation for the Administrator shall suspend such provi- 2031 ...... 2 .75 the purpose of improving environmental sions of this Act as the Administrator deter- 2032 ...... 2 .75 quality of the affected waterway. mines are necessary until implementation of the provisions no longer causes such a sig- 2033 ...... 2 .75 (B) CERTIFICATION.—The Federal Energy 2034 ...... 2 .75 Regulatory Commission shall certify if a hy- nificant home heating bill increase. 2035 ...... 2 .75 droelectric project licensed at a nonhydro- (c) DETERMINATION OF SIGNIFICANTLY HIGH- 2036 ...... 2 .75 electric dam meets the criteria described in ER HOME HEATING BILLS CAUSED BY THIS 2037 ...... 2 .75 subparagraph (A)(iii). ACT.—Not less than annually, the Secretary 2038 ...... 2 .75 (C) EFFECT ON STANDARDS.—Nothing in this of Energy, after interagency consultation, 2039 ...... 2 .75 paragraph affects the standards under which shall determine whether implementation of 2040 ...... 2 .75 the Federal Energy Regulatory Commission emergency off-ramp provisions under this 2041 ...... 2 .75 issues licenses for and regulates hydropower subtitle have failed to prevent the imple- 2042 ...... 2 .75 projects under part I of the Federal Power mentation of this Act from causing the aver- 2043 ...... 2 .75 Act (16 U.S.C. 792 et seq.). age retail price to households of natural gas 2044 ...... 2 .75 (3) RENEWABLE-ENERGY SOURCE.—The term or heating oil, nationwide or in any region of 2045 ...... 2 .75 ‘‘renewable-energy source’’ means energy the country, to increase more than 20 per- 2046 ...... 2 .75 from 1 or more of the following sources: cent since the date of enactment of this Act. 2047 ...... 2 .75 (A) Solar energy. 2048 ...... 2 .75 (B) Wind. SA 4942. Mr. BOND submitted an 2049 ...... 2 .75 (C) Geothermal energy. amendment intended to be proposed by

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00169 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.149 S05JNPT1 smartinez on PROD1PC64 with SENATE S5296 CONGRESSIONAL RECORD — SENATE June 5, 2008 him to the bill S. 3036, to direct the Ad- At the end, add the following: transportation fuel usage by aggressively ministrator of the Environmental Pro- TITLE XVIII—CLEAN ENERGY SOLUTIONS promoting advanced vehicle battery tech- tection Agency to establish a program RESEARCH, DEVELOPMENT, AND DE- nology and domestic manufacturing capa- to decrease emissions of greenhouse PLOYMENT bility necessary for widespread commercial viability of hybrid electric vehicles, plug-in SEC. 1801. DEFINITIONS. gases, and for other purposes; which hybrid electric vehicles, and electric vehi- In this title: was ordered to lie on the table; as fol- cles. lows: (1) ADVANCED BIOFUEL.—The term ‘‘ad- vanced biofuel’’ has the meaning given the SEC. 1812. ADVANCED VEHICLE BATTERY RE- On page 161, between lines 6 and 7, insert SEARCH AND DEVELOPMENT. term in section 211(o) of the Clean Air Act the following: (42 U.S.C. 7545(o)). (a) IN GENERAL.—The Secretary shall— SEC. 530. ACTION UPON FAILURE OF EMERGENCY (1) expand and accelerate research and de- (2) ADVANCED VEHICLE BATTERY.—The term OFF-RAMPS TO PREVENT SIGNIFI- velopment efforts for advanced vehicle bat- CANT MANUFACTURING JOB LOSS ‘‘advanced vehicle battery’’ means an elec- trochemical energy storage system powered teries; and DUE TO HIGHER ELECTRICITY OR (2) emphasize lower cost enablers for NATURAL GAS PRICES CAUSED BY directly by electrical current that provides abuse-tolerant batteries with the appro- THIS ACT. motive power to an electric vehicle, hybrid priate balance of power and energy capacity (a) DEFINITIONS.—In this section: electric vehicle, or plug-in hybrid electric to meet market requirements. (1) INTERAGENCY CONSULTATION.—The term vehicle. (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘interagency consultation’’ means consulta- (3) ELECTRIC VEHICLE.—The term ‘‘electric tion with the Secretary of Energy and the vehicle’’ means an on-road light-duty or non- There is authorized to be appropriated to Administrator. road vehicle that uses an advanced vehicle carry out this section $100,000,000 for each of fiscal years 2010 through 2014. (2) REGION OF THE COUNTRY.—The term ‘‘re- battery or a fuel cell (as defined in section gion of the country’’ means any of— 803 of the Spark M. Matsunaga Hydrogen Act SEC. 1813. DOMESTIC ADVANCED VEHICLE BAT- (A) the northeastern region of the United of 2005 (42 U.S.C. 16152)). TERY MANUFACTURING PROCESS IMPROVEMENTS. States, comprised of the States of Con- (4) HYBRID ELECTRIC VEHICLE.—The term (a) IN GENERAL.—The Secretary shall es- necticut, Delaware, Maine, Maryland, Massa- ‘‘hybrid electric vehicle’’ means a new quali- tablish a program to provide grants to im- chusetts, New Hampshire, New Jersey, New fied hybrid motor vehicle (as defined in sec- prove domestic manufacturing equipment York, Pennsylvania, Rhode Island, and tion 30B(d)(3) of the Internal Revenue Code and assembly process capabilities for ad- Vermont, and the District of Columbia; of 1986). vanced vehicle batteries and components (B) the midwestern region of the United (5) IGCC.—The term ‘‘IGCC’’ means inte- that— States, comprised of the States of Illinois, grated coal gasification combined cycle. (1) reduce manufacturing time; Indiana, Iowa, Michigan, Minnesota, Mis- (6) PLUG-IN HYBRID ELECTRIC VEHICLE.—The (2) reduce manufacturing energy intensity; souri, Ohio, and Wisconsin; term ‘‘plug-in hybrid electric vehicle’’ means (3) reduce negative environmental impact (C) the Great Plains region of the United a hybrid electric vehicle that— or byproducts; or States, comprised of the States of Kansas, (A) draws motive power from a battery (4) increase spent battery or component re- Nebraska, North Dakota, Oklahoma, and with a capacity of at least 4 kilowatt-hours; cycling. South Dakota; (B) can be recharged from an external (b) INCLUSION.—The Secretary shall include (D) the southern region of the United source of electricity for motive power; and in the program established under subsection States, comprised of the States of Alabama, (C) is a light-, medium-, or heavy-duty (a) grants to support the development and Arkansas, Florida, Georgia, Kentucky, Lou- motor vehicle or nonroad vehicle (as those deployment of domestic high-speed, auto- isiana, Mississippi, North Carolina, South terms are defined in section 216 of the Clean mated, production-scale advanced vehicle Carolina, Tennessee, Texas, Virginia, and Air Act (42 U.S.C. 7550)). battery and component manufacturing West Virginia; (7) RENEWABLE FUEL.—The term ‘‘renew- equipment. (E) the mountain west region of the United able fuel’’ means any fuel— (c) COST SHARING.—The Secretary shall re- States, comprised of the States of Arizona, (A) at least 85 percent of the volume of quire that not less than 20 percent of the Colorado, Idaho, Montana, Nevada, New Mex- which consists of ethanol or advanced cost of a project funded by a grant under this ico, Utah, and Wyoming; and biofuel; or section be provided by a non-Federal source. (F) the western region of the United (B) any mixture of biodiesel and diesel or (d) AUTHORIZATION OF APPROPRIATIONS.— States, comprised of the States of Alaska, renewable diesel (as defined in regulations There is authorized to be appropriated to California, Hawaii, Oregon, and Washington. adopted pursuant to section 211(o) of the carry out this section $250,000,000 for each of (b) ADMINISTRATOR ACTION.—Notwith- Clean Air Act (part 80 of title 40 Code of Fed- fiscal years 2010 through 2014. standing any other provision of this Act, eral Regulations (as in effect on the date of upon a determination under subsection (c) of enactment of this Act))), determined without SEC. 1814. DOMESTIC ADVANCED VEHICLE BAT- the failure of emergency off-ramp provisions regard to any use of kerosene and containing TERY MANUFACTURING SUPPLY BASE EXPANSION. under this subtitle to prevent significant at least 20 percent biodiesel or renewable (a) IN GENERAL.—The Secretary shall es- manufacturing job loss caused by this Act, diesel. tablish a program to provide grants to ex- the Administrator shall suspend such provi- (8) SECRETARY.—The term ‘‘Secretary’’ pand the domestic manufacturing supply sions of this Act as the Administrator deter- means the Secretary of Energy. mines are necessary until implementation of base for advanced vehicle batteries and com- SEC. 1802. COORDINATION WITH EXISTING PRO- ponents with a particular emphasis on facili- the provisions no longer causes such a sig- GRAMS. ties that manufacture or assemble— nificant manufacturing job loss. In carrying out this title, the Secretary, in (1) cell materials, including— (c) DETERMINATION OF SIGNIFICANT MANU- consultation with the heads of other appro- (A) substrates and active materials for FACTURING JOB LOSS CAUSED BY THIS ACT.— priate Federal agencies, shall take into con- electrodes; Not less than annually, the Secretary of sideration the ongoing research, develop- (B) carbonaceous and graphite additives; Labor, after interagency consultation, shall ment, demonstration, and deployment ac- (C) separators; determine whether implementation of emer- tivities associated with this title to avoid (D) electrolytes; and gency off-ramp provisions under this subtitle duplication of the ongoing activities while (E) roll stock aluminum and copper; and have failed to prevent the implementation of expanding and accelerating activities as re- (2) system components, including— this Act from causing, since the date of en- quired by this title. (A) power electronics; actment of this Act, the loss of more than SEC. 1803. PROGRESS REPORT. 10,000 manufacturing-related jobs nationwide (B) drivetrain electromechanical devices; Not later than 1 year after the date of en- (C) a secure supply of raw battery mate- or 5,000 manufacturing-related jobs in any actment of this Act and every 2 calendar region of the country in electricity or nat- rials; and years thereafter, the Secretary shall submit (D) battery management systems, includ- ural gas intensive sectors, including auto as- to each committee of Congress with jurisdic- sembly, metal casting, or production of ce- ing software development. tion over greenhouse gas emissions and glob- (b) COST SHARING.—The Secretary shall re- ment, steel, aluminum, paper, plastics, al climate change a report and detailed anal- chemicals, or fertilizer. quire that not less than 20 percent of the ysis of the status of implementation of this cost of a project funded by a grant under this title with an emphasis on the widespread SA 4943. Mr. BOND (for himself and section be provided by a non-Federal source. commercial availability, affordability, and (c) AUTHORIZATION OF APPROPRIATIONS.— Mr. VOINOVICH) submitted an amend- maintenance of products that use the tech- ment intended to be proposed by him There is authorized to be appropriated to nologies and activities advanced under this carry out this section $650,000,000 for each of to the bill S. 3036, to direct the Admin- title. fiscal years 2010 through 2014. istrator of the Environmental Protec- Subtitle A—Reduced Carbon Emissions SEC. 1815. OPERATING PLAN. tion Agency to establish a program to Through Clean Vehicles Not later than 120 days after the date of decrease emissions of greenhouse gases, SEC. 1811. STATEMENT OF POLICY. enactment of this Act and with the submis- and for other purposes; which was or- It is the policy of the United States to re- sion of the budget of the United States Gov- dered to lie on the table; as follows: duce carbon emissions from fossil-based ernment by the President under section 1105

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00170 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.151 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5297 of title 31, United States Code, for each fiscal velop high-temperature superconducting SEC. 1833. ELECTRICITY TRANSMISSION, DIS- year thereafter, the Secretary shall submit power equipment that, in comparison to con- TRIBUTION, AND MANAGEMENT EF- to the appropriate authorizing and appro- ventional copper wires— FICIENCY TECHNOLOGY DEPLOY- priations committees of Congress an oper- (A) increases electricity carrying capacity; MENT. (a) IN GENERAL.—The Secretary shall es- ating plan for spending the full amount of (B) increases fault current limiting and tablish a program under which the Secretary funds authorized for sections 1812, 1813, and overload protection; shall provide grants for the deployment of 1814. (C) reduces energy loss due to electrical re- electricity transmission, distribution, and Subtitle B—Reduced Carbon Emissions sistance; (D) reduces equipment footprints; or management efficiency technologies. Through Renewable and Hydrogen Fuel In- (b) PRIORITY.—In providing grants under (E) reduces environmental impacts. frastructure Expansion this section, the Secretary shall give pri- (2) REQUIRED EFFORTS.—In expanding and SEC. 1821. STATEMENT OF POLICY. accelerating efforts described in paragraph ority to applications with proposed projects It is the policy of the United States to re- (1), the Secretary shall include efforts to im- that— duce emissions from fossil-based transpor- prove— (1) reduce congestion in transmission cor- tation fuel use by aggressively deploying re- (A) the nanoscale engineering of high-tem- ridors; or newable fuel infrastructure to achieve the perature superconducting wire; (2) relieve demand for electricity genera- widespread use of renewable fuels. (B) the production of high-temperature tion growth in areas with inadequate access SEC. 1822. EXPANDED RENEWABLE FUEL INFRA- superconducting wire in long lengths in a to— STRUCTURE GRANTS. cost-effective manner; (A) renewable energy sources; or (a) INFRASTRUCTURE DEVELOPMENT (C) the coating and preparation of under- (B) low-carbon fuel sources. GRANTS.—The Secretary shall expand and ac- lying high-temperature superconducting (c) COST SHARING.—Section 988 of the En- celerate the program for making grants for wire metal substrate; ergy Policy Act of 2005 (42 U.S.C. 16352) shall providing assistance to retail and wholesale (D) the joining of high-temperature super- apply to any grant made by the Secretary in motor fuel dealers or other entities for the conducting conductors to normal conduc- carrying out this section. installation, replacement, or conversion of tors; and (d) AUTHORIZATION OF APPROPRIATIONS.— motor fuel storage and dispensing infrastruc- (E) the minimization of electrical loss due There is authorized to be appropriated to ture to be used exclusively to store and dis- to alternating currents. carry out this section $450,000,000 for each of pense renewable fuel. (b) TRANSFORMERS.— fiscal years 2010 through 2014. (b) LIMITATIONS.—Assistance provided (1) IN GENERAL.—In accordance with para- SEC. 1834. STATE CONSIDERATION OF HIGH-TEM- under this section shall not exceed the great- graph (2), the Secretary shall expand and ac- PERATURE SUPERCONDUCTIVITY er of— celerate efforts to conduct research and de- POWER EQUIPMENT. Section 111(d) of the Public Utility Regu- (1) 50 percent of the estimated cost of the velop efficiency improvements in electricity latory Policies Act of 1978 (16 U.S.C. 2621(d)) installation, replacement, or conversion of distribution transformers. (as amended by sections 532(a) and 1307(a) of motor fuel storage and dispensing infrastruc- (2) REQUIRED EFFORTS.—In expanding and the Energy Independence and Security Act of ture; or accelerating efforts described in paragraph 2007 (121 Stat. 1665, 1791)) is amended— (2) $50,000 for a combination of equipment (1), the Secretary shall include efforts— (1) by redesignating paragraphs (16) and at any 1 retail outlet location. (A) to improve initial and life-cycle costs; (17) (as added by section 1307(a) of that Act) (c) AUTHORIZATION OF APPROPRIATIONS.— (B) to improve utilization; and There is authorized to be appropriated to (C) to make metallurgical advances in as paragraphs (18) and (19), respectively; and carry out this section $500,000,000 for each of transformer components. (2) by adding at the end the following: fiscal years 2010 through 2014. (c) GRID COMMUNICATION.— ‘‘(20) RECOVERY OF COSTS RELATING TO DE- (1) IN GENERAL.—In accordance with para- PLOYMENT OF POWER EQUIPMENT.—Each State SEC. 1823. HYDROGEN FUELING PUMPS. graph (2), the Secretary shall expand and ac- shall consider authorizing each electric util- (a) GRANT PROGRAM.—The Secretary of celerate efforts to conduct research and de- ity of the State to recover from ratepayers Transportation shall establish a program velop cost-effective improvements in grid any costs of the electric utility relating to under which the Secretary of Transportation communication technology. the deployment of high-temperature super- shall provide grants with the goal of estab- (2) REQUIRED COMPONENTS.—In expanding conductivity power equipment.’’. lishing, by calendar year 2013, at least 100 and accelerating efforts described in para- publicly available hydrogen fueling pumps at Subtitle D—Reduced Carbon Emissions graph (1), the Secretary shall include efforts retail gas stations in at least 2 selected re- Through Residential and Commercial En- to research and develop— ergy Efficiency gions. (A) remote sensors (including nanosensors) (b) REQUIRED CONTRIBUTION.—As a condi- SEC. 1841. STATEMENT OF POLICY. to be used in the electrical grid to enable the It is the policy of the United States to re- tion of receiving a grant under subsection (a) timely control, identification, and correc- for a hydrogen fueling pump, the owner or duce carbon emissions from electric power tion of temperature, faults, and other ad- production through more efficient residen- operator of a service station shall be re- verse online effects; quired to contribute, or obtain funding from tial and commercial energy using tech- (B) smart meters that have the capability nologies. a State or local government entity for, at to be used to carry out real-time data acqui- least 10 percent of the cost of the hydrogen sition and dynamic energy management; SEC. 1842. RESIDENTIAL AND COMMERCIAL EN- fueling pump. ERGY EFFICIENCY RESEARCH AND (C) grid management, distribution, and op- DEVELOPMENT. (c) AUTHORIZATION OF APPROPRIATIONS.— eration systems; and There is authorized to be appropriated to the (a) IN GENERAL.—The Secretary shall ex- (D) interoperability standards to ensure pand and accelerate efforts to conduct re- Secretary of Transportation to carry out the integration of smart grid sensor, meter, this section $85,000,000 for each of fiscal years search and develop methods— and management systems. (1) to reduce installation costs of geo- 2009 through 2013. (d) END-USE TECHNOLOGIES.—The Secretary thermal heat pumps for new and existing SEC. 1824. FEDERAL ACQUISITION OF HYDROGEN shall expand and accelerate efforts to con- residences and businesses; FUEL CELL VEHICLES. duct research and develop consumer tech- (2) to improve the widespread availability There is authorized to be appropriated to nologies to reduce electricity usage, with a and reliability of high-efficiency heat pump the Administrator of General Services for particular emphasis on smart thermostats the acquisition of hydrogen fuel cell vehicles that enable consumers to change energy water heaters; for use by Federal agencies $85,000,000 for usage based on— (3) to advance the efficiency and cost-effec- each of fiscal years 2012 through 2014. (1) the time of day; tiveness of fluorescent, high-intensity dis- charge, and light-emitting diode lamps; and Subtitle C—Reduced Carbon Emissions (2) peak energy usage times; or (3) any other information made available (4) to improve small-scale battery and en- Through Electricity Transmission and Man- ergy storage technologies. agement Efficiency through grid communication technology. (e) OPERATING PLAN.—Not later than 120 (b) OPERATING PLAN.—Not later than 120 SEC. 1831. STATEMENT OF POLICY. days after the date of enactment of this Act days after the date of enactment of this Act It is the policy of the United States to re- and with the submission of the budget of the and with the submission of the budget of the duce carbon emissions from electric power United States Government by the President United States Government by the President production through electricity transmission, under section 1105 of title 31, United States under section 1105 of title 31, United States distribution, and management efficiency Code, for each fiscal year thereafter, the Sec- Code, for each fiscal year thereafter, the Sec- gains. retary shall submit to the appropriate au- retary shall submit to the appropriate au- SEC. 1832. ELECTRICITY TRANSMISSION, DIS- thorizing and appropriations committees of thorizing and appropriations committees of TRIBUTION, AND MANAGEMENT EF- Congress an operating plan for spending the Congress an operating plan for spending the FICIENCY RESEARCH AND DEVELOP- full amount of funds made available for this full amount of funds made available for this MENT. section. section. (a) SUPERCONDUCTING TRANSMISSION.— (f) AUTHORIZATION OF APPROPRIATIONS.— (c) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—In accordance with para- There is authorized to be appropriated to There is authorized to be appropriated to graph (2), the Secretary shall expand and ac- carry out this section $250,000,000 for each of carry out this section $100,000,000 for each of celerate efforts to conduct research and de- fiscal years 2010 through 2014. fiscal years 2010 through 2014.

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00171 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.152 S05JNPT1 smartinez on PROD1PC64 with SENATE S5298 CONGRESSIONAL RECORD — SENATE June 5, 2008 Subtitle E—Reduced Carbon Emissions search and develop technologies that reduce (4) for advanced combustion turbines Through Increased Renewable Energy Stor- carbon dioxide emissions from coal-fired fa- $350,000,000 for the period of fiscal years 2009 age cilities with an emphasis on commercial via- through 2025; SEC. 1851. STATEMENT OF POLICY. bility and reliability. (5) for carbon storage $400,000,000 for the It is the policy of the United States to re- period of fiscal years 2009 through 2020. (b) SHORT-, MEDIUM- AND LONG-TERM TECH- duce carbon emissions through the increased SEC. 1863. CLEAN COAL DEMONSTRATION. NOLOGY AREAS.—The Secretary shall empha- ability to store energy generated from re- (a) IN GENERAL.—The Secretary shall ex- size technologies that reduce carbon dioxide newable energy sources. pand and accelerate the demonstration of emissions in the short-, medium-, and long- SEC. 1852. RENEWABLE ENERGY STORAGE RE- technologies that reduce carbon dioxide SEARCH AND DEVELOPMENT. term time frames, including— emissions from coal-fired facilities by dem- (a) IN GENERAL.—The Secretary shall ex- (1) innovations for existing power plants onstrating, at a minimum— pand and accelerate efforts to conduct re- that reduce carbon dioxide emissions by en- (1) through facilities in operation as of the search and develop large megawatt level and ergy efficiency increases or by capturing car- date of enactment of this Act— smaller distributed electricity storage sys- bon emissions, including technologies that— (A) post-combustion carbon dioxide cap- tems— (A) reduce the quantity of fuel combusted ture at pilot scale at not less than 2 facili- (1) to reduce electricity transmission con- per unit of electricity output; ties, the award of contracts for which shall gestion; (B) reduce parasitic power loss from carbon be completed by 2010; (2) to manage peak loads; control technology; (B) oxycoal combustion at commercial (3) to make renewable electricity sources (C) improve compression of the separated scale retrofitted to not less than 1 facility, more dispatchable; and and captured carbon dioxide; the award of contracts for which shall be (4) to increase the reliability of the elec- (D) reuse or reduce water consumption and completed by 2012; tric grid. withdrawal; and (C) post-combustion carbon dioxide cap- (b) OPERATING PLAN.—Not later than 120 (E) capture carbon dioxide post-combus- ture at commercial scale retrofitted to not days after the date of enactment of this Act tion from flue gas, such as through the use of less than 1 facility, the award of contracts and with the submission of the budget of the ammonia-based, aqueous amine or ionic liq- for which shall be completed by 2012; United States Government by the President uid solutions or other methods; (D) heat rate and efficiency improvements under section 1105 of title 31, United States (2) new combustion systems, including— at commercial scale at not less than 2 facili- Code, for each fiscal year thereafter, the Sec- (A) oxyfuel combustion that burns fuel in ties, the award of contracts for which shall retary shall submit to the appropriate au- the presence of oxygen and recirculated flue be completed by 2012; and thorizing and appropriations committees of gas instead of air producing a concentrated (E) water consumption reduction at com- Congress an operating plan for spending the stream of carbon dioxide that can be readily mercial scale at not less than 2 facilities, the full amount of funds authorized for this sec- captured for storage or use; award of contracts for which shall be com- tion. (B) chemical looping combustion that pleted by 2012; (c) AUTHORIZATION OF APPROPRIATIONS.— burns fuel in the presence of a solid oxygen (F) post-combustion carbon dioxide cap- There is authorized to be appropriated to carrier instead of air producing concentrated ture at pilot scale with technologies other carry out this section $100,000,000 for each of stream of carbon dioxide that can be readily than technologies demonstrated under sub- fiscal years 2010 through 2014. captured for storage or use; paragraphs (A) and (C) at not less than 1 fa- SEC. 1853. RENEWABLE ENERGY STORAGE DE- (C) high-temperature and pressure steam cility, the award of contracts for which shall PLOYMENT. systems, such as ultra supercritical steam be completed by 2012; (a) IN GENERAL.—The Secretary shall es- generation, that result in high net plant effi- (G) heat rate and efficiency improvements tablish a program under which the Secretary ciency and reduced fuel consumption, thus at commercial scale at not less than 3 facili- shall provide grants for the deployment of producing less carbon dioxide per unit of en- ties, the award of contracts for which shall large megawatt level and smaller distributed ergy; be completed by 2014; electricity storage systems. (D) other innovative carbon dioxide control (H) water consumption reduction at com- (b) PRIORITY.—In providing grants under technologies appropriate for new combustion mercial scale at not less than 3 facilities, the this section, the Secretary shall give pri- systems; and award of contracts for which shall be com- ority, in descending order of importance, to (E) high temperature and high pressure pleted by 2014; and applications with proposed projects that— materials that will result in much higher (I) post-combustion carbon dioxide capture (1) make renewable electricity sources plant efficiencies and carbon dioxide emis- at pilot scale with technologies other than more dispatchable; sion reductions; technologies demonstrated under subpara- (2) reduce electricity transmission conges- (3) innovations for IGCC systems that build graphs (A), (C), and (F) at not less than 1 fa- tion; on the ability of the IGCC to separate pollut- cility, the award of contracts for which shall (3) increase the reliability of the electric ants and carbon emissions from gas streams, be completed by 2016; grid; or including— (2) through new coal combustion facilities (4) manage peak loads. (A) advanced membrane technology for that include carbon capture— (c) COST SHARING.—Section 988 of the En- carbon dioxide separation; (A) oxycoal combustion at pilot scale at ergy Policy Act of 2005 (42 U.S.C. 16352) shall (B) improved air separation systems; not less than 1 facility, the award of con- apply to any grant made under this section. (C) improved compression for the separated tracts for which shall be completed by 2010; (d) AUTHORIZATION OF APPROPRIATIONS.— and captured carbon dioxide; and (B) post-combustion carbon dioxide cap- There is authorized to be appropriated to ture at pilot scale at not less than 1 facility, (D) other innovative carbon dioxide control carry out this section $500,000,000 for each of the award of contracts for which shall be technologies appropriate for IGCC systems; fiscal years 2010 through 2014. completed by 2012; (4) advanced combustion turbines, includ- SEC. 1854. STATE CONSIDERATION OF ENERGY (C) oxycoal combustion at commercial ing— STORAGE FOR ELECTRIC POWER. scale at not less than 1 facility, the award of (A) ultra low emission hydrogen turbines; Section 111(d) of the Public Utility Regu- contracts for which shall be completed by and latory Policies Act of 1978 (16 U.S.C. 2621(d)) 2012; (B) oxycoal combustion turbines; and (as amended by section 1834) is amended by (D) supercritical pulverized coal combus- (5) sequestration of captured carbon in geo- adding at the end the following: tion with advanced emission controls and logical formations, including— ‘‘(21) RECOVERY OF COSTS RELATING TO DE- partial carbon dioxide capture at commer- (A) plume tracking; PLOYMENT OF STORAGE SYSTEMS.—Each State cial scale at not less than 1 facility, the (B) carbon dioxide leak detection and miti- shall consider authorizing each electric util- award of contracts for which shall be com- gation; ity of the State to recover from ratepayers pleted by 2012; (C) carbon dioxide fate and transport mod- any costs of the electric utility relating to (E) oxycoal supercritical circulating fluid- els; and the deployment of energy storage systems ized bed combustion at commercial scale at (D) site evaluation instrumentation. for electric power.’’. not less than 1 facility, the award of con- Subtitle F—Reduced Carbon Emissions (c) AUTHORIZATION OF APPROPRIATIONS.— tracts for which shall be completed by 2012; Through Clean Coal Technologies There are authorized to be appropriated to (F) post-combustion carbon dioxide cap- SEC. 1861. STATEMENT OF POLICY. carry out this section, to remain available ture at commercial scale at not less than 1 It is the policy of the United States to re- until expended— facility, the award of contracts for which duce carbon emissions from technology im- (1) for innovations at power plants in oper- shall be completed by 2012; provements to coal-fired power plants that ation as of the date of enactment of this Act (G) post-combustion carbon dioxide cap- will reduce the quantity of coal burned and $450,000,000 for the period of fiscal years 2009 ture at pilot scale with technologies other carbon dioxide emitted per unit of power pro- through 2020; than technologies demonstrated under sub- duced. (2) for new combustion systems $450,000,000 paragraphs (B) or (F) at not less than 1 facil- SEC. 1862. CLEAN COAL RESEARCH AND DEVEL- for the period of fiscal years 2009 through ity, the award of contracts for which shall be OPMENT. 2025; completed by 2014; (a) IN GENERAL.—The Secretary shall ex- (3) for IGCC systems $850,000,000 for the pe- (H) ultra supercritical (1290°F) pulverized pand and accelerate efforts to conduct re- riod of fiscal years 2009 through 2025; coal combustion with near-zero emission

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controls and 90 percent carbon dioxide cap- (c) AUTHORIZATION OF APPROPRIATIONS.— er natural or artificially created) that is ture at commercial scale at not less than 1 There are authorized to be appropriated to suitable for, or capable of being made suit- facility, the award of contracts for which carry out this section, to remain available able for, the injection and storage of carbon shall be completed by 2014; until expended— dioxide. (I) oxycoal combustion with an advanced (1) for demonstrations through facilities in (B) INCLUSIONS.—The term ‘‘reservoir’’ in- oxygen separation system at commercial operation as of the date of enactment of this cludes— scale at not less than 1 facility, the award of Act $850,000,000 for the period of fiscal years (i) an oil and gas reservoir; contracts for which shall be completed by 2009 through 2025; (ii) a saline formation or coal seam; and 2016; (2) for new combustion systems (iii) the seabed and subsoil of a submarine (J) second generation post-combustion car- $1,950,000,000 for the period of fiscal years area. bon dioxide capture at commercial scale at 2009 through 2025; (7) STATE.— not less than 1 facility, the award of con- (3) for IGCC systems $2,950,000,000 for the (A) IN GENERAL.—The term ‘‘State’’ tracts for which shall be completed by 2014; period of fiscal years 2009 through 2025; means— (K) chemical looping combustion at com- (4) for advanced combustion turbines (i) each of the several States of the United mercial scale at not less than 1 facility, the $400,000,000 for the period of fiscal years 2009 States; award of contracts for which shall be com- through 2025; and (ii) the District of Columbia; pleted by 2018; and (5) for carbon storage $1,350,000,000 for the (iii) the Commonwealth of Puerto Rico; (L) ultra advanced supercritical (1400°F) period of fiscal years 2009 through 2020. (iv) Guam; combustion with near-zero emission controls SEC. 1864. IDENTIFICATION OF CLEAN COAL RE- (v) American Samoa; and 90 percent integrated carbon dioxide cap- SEARCH, DEVELOPMENT, AND DEM- (vi) the Commonwealth of the Northern ture at commercial scale at not less than 1 ONSTRATION PROJECTS. Mariana Islands; facility, the award of contracts for which (a) IN GENERAL.—The Secretary shall take (vii) the Federated States of Micronesia; shall be completed by 2018; such steps as are necessary to carry out this (viii) the Republic of the Marshall Islands; (3) through IGCC with carbon capture— subtitle. (ix) the Republic of Palau; and (A) partial carbon dioxide capture without (b) PUBLIC COMMENT.—Not later than 90 (x) the United States Virgin Islands. days after the date of enactment of this Act a water gas shift system at commercial scale (B) INCLUSIONS.—The term ‘‘State’’ in- at not less than 1 facility, the award of con- and every 2 years thereafter, the Secretary cludes all territorial water, seabed, and sub- tracts for which shall be completed by 2010; shall institute a public comment period of at soil of submarine areas of each State. least 45 days to assist the determination of (B) using G class turbine at not less than 1 (8) STATE REGULATORY AGENCY.—The term facility with at least 400 megawatts in gener- the specific research, development, and dem- ‘‘State regulatory agency’’ means the agency ating capacity, the award of contracts for onstration projects required under this sub- designated by the Governor of a State to ad- which shall be completed by 2012; title. minister a carbon dioxide storage program of (c) APPLICATIONS.—Not later than 120 days (C) using H class turbines at not less than the State. after the end of each public comment period 1 facility with at least 400 megawatts in gen- (9) STORAGE FACILITY.— required under subsection (b), the Secretary erating capacity, the award of contracts for (A) IN GENERAL.—The term ‘‘storage facil- shall— which shall be completed by 2014; and ity’’ means— (1) publicly identify the specific types of (D) using H class turbines at not less than (i) an underground reservoir, underground projects that the Secretary intends to pursue 1 facility with at least 400 megawatts in gen- equipment, and surface structures and equip- to carry out this subtitle; erating capacity, the award of contracts for ment used in an operation to store carbon di- (2) establish selection criteria for the spe- which shall be completed by 2016. oxide in a reservoir; and cific types of projects identified under para- (4) through advanced turbines using— (ii) any other facilities that the Adminis- graph (1); and (A) monitoring systems for advanced IGCC trator may include by regulation or permit. (3) establish an application process that al- gas turbine at commercial scale at not less (B) EXCLUSIONS.—The term ‘‘storage facil- lows persons that are interested in partici- than 1 facility, the award of contracts for ity’’ does not include pipelines used to trans- pating in projects identified under paragraph which shall be completed by 2010; port the carbon dioxide from 1 or more cap- (1) to provide such information as the Sec- (B) advanced oxygen separation of at least ture facilities to the storage and injection retary determines to be necessary. 2,000 tons per day in size integrated with a On page 310, lines 1 through 3, strike ‘‘part site. combustion turbine at not less than 1 facil- C of the Safe Drinking Water Act (42 U.S.C. (10) STORAGE OPERATOR.—The term ‘‘stor- ity, the award of contracts for which shall be 300h et seq.)’’ and insert ‘‘subtitle C of title age operator’’ means any person or other en- completed by 2012; X’’. tity authorized by the Administrator or (C) an oxyfuel turbine of at least 50 Beginning on page 318, strike line 6 and all State regulatory agency to operate a storage megawatts in generating capacity, at not that follows through page 320, line 7, and in- facility. less than 1 facility, the award of contracts sert the following: (11) UNDERGROUND RESERVOIR.—The term for which shall be completed by 2015; SEC. 1021. CARBON SEQUESTRATION AND CAP- ‘‘underground reservoir’’, with respect to a (D) advanced oxygen separation of at least TURE. storage facility, includes any necessary and 2,000 tons per day in size integrated with a (a) DEFINITIONS.—In this section: reasonable areal buffer and subsurface moni- gas turbine at not less than 1 facility, the (1) ANTHROPOGENIC.—The term ‘‘anthropo- toring zones that are— award of contracts for which shall be com- genic’’ means produced or caused by human (A) designated by the Administrator or pleted by 2015; and activity. State regulatory agency for the purpose of (E) an oxyfuel turbine of at least 400 (2) CARBON DIOXIDE.—The term ‘‘carbon di- ensuring the safe and efficient operation of megawatts in generating capacity, at not oxide’’ means anthropogenically sourced car- the storage facility for the storage of carbon less than 1 facility, the award of contracts bon dioxide that is of sufficient purity and dioxide; and for which shall be completed by 2020; and quality as to not compromise the safety and (B) selected to protect against pollution, (5) for storage of carbon dioxide captured efficiency of any reservoir in which the car- invasion, and escape or migration of the through— bon dioxide is stored. stored carbon dioxide. (A) a field test of sequestration of at least (3) FEDERAL AGENCY.—The term ‘‘Federal (b) STATE CARBON DIOXIDE GEOLOGICAL 1,000,000 tons of carbon dioxide per year in a agency’’ means any department, agency, or STORAGE PROGRAMS.— saline formation, the award of contracts for instrumentality of the United States. (1) REGULATIONS.— which shall be completed by 2010; (4) GEOLOGICAL STORAGE.—The term ‘‘geo- (A) IN GENERAL.—The Administrator (B) field tests of sequestration of at least logical storage’’ means permanent or short- shall— 2,000,000 tons of carbon dioxide per year in a term underground storage of carbon dioxide (i) not later than 180 days after the date of saline formation, the award of contracts for in a reservoir. enactment of this Act, publish in the Federal which shall be completed by 2012; and (5) PERSON.— Register proposed regulations for State car- (C) a field test of sequestration of at least (A) IN GENERAL.—The term ‘‘person’’ means bon dioxide storage programs; and 1,000,000 tons of carbon dioxide per year in a an individual, corporation, company (includ- (ii) not later than 180 days after the date of saline formation, the award of contracts for ing a limited liability company), association, publication of the proposed regulations which shall be completed by 2014. partnership, State, municipality, or Federal under clause (i), promulgate final regula- (b) SEQUESTRATION OF CAPTURED CARBON agency. tions for State carbon dioxide storage pro- DIOXIDE.—In any demonstration referred to (B) INCLUSIONS.—The term ‘‘person’’ in- grams that meet the requirements described in subsection (a) that demonstrates carbon cludes an officer, employee, and agent of any in paragraph (2)(A), including such modifica- dioxide capture, the carbon dioxide capture corporation, company (including a limited li- tions as the Administrator determines to be shall be used for enhanced oil recovery, se- ability company), association, partnership, appropriate. questered in geologically appropriate forma- State, municipality, or Federal agency. (B) UPDATING.—The Administrator may pe- tions, or permanently sequestered or reused, (6) RESERVOIR.— riodically review and, as necessary, revise with funds made available to carry out each (A) IN GENERAL.—The term ‘‘reservoir’’ the regulations promulgated under this sub- such demonstration for the respective pur- means any subsurface sedimentary stratum, section. pose of the demonstration. formation, aquifer, or cavity or void (wheth- (2) STATE REGULATORY AUTHORITY.—

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(A) IN GENERAL.—The regulations promul- (c) STATE PRIMARY ENFORCEMENT RESPON- (C) APPLICABILITY.—A program prescribed gated under paragraph (1)(A)(ii) shall estab- SIBILITY.— by the Administrator under subparagraph lish minimum requirements that States (1) APPROVAL OF STATE CARBON DIOXIDE (B) shall apply in a State only to the extent shall meet in order to be approved to admin- STORAGE PROGRAMS.— that a program adopted by the State that ister a carbon dioxide storage program under (A) APPLICATION.— the Administrator determines meets the re- subsection (c)(1), including— (i) IN GENERAL.—After promulgation of the quirements of this section or subsection (i) a prohibition on carbon dioxide storage regulations under subsection (b)(1)(A)(ii), (b)(2) is not in effect. in the State that is not authorized by a per- each State may submit to the Administrator (D) PUBLIC PARTICIPATION.—Before promul- mit issued by the State; an application that demonstrates, to the sat- gating any regulation under subparagraph (ii) inspection, monitoring, recordkeeping, isfaction of the Administrator, that the (B) or (C), the Administrator shall provide an and reporting requirements; and State— opportunity for a public hearing with respect (iii) authority for the State regulatory (I) has adopted, after providing for reason- to the regulation. agency to issue a permit, after public notice able notice and an opportunity for public (d) ENFORCEMENT OF PROGRAM.— and hearing, approving a storage facility for comment, and will implement, a carbon di- (1) NOTIFICATION.— (A) IN GENERAL.—In any case in which the the proposed geological storage of carbon di- oxide storage program that meets the re- Administrator determines, during a period oxide if the State regulatory authority de- quirements of the regulations; and during which a State has primary enforce- termines that— (II) will keep such records and make such ment responsibility for carbon dioxide stor- (I) the horizontal and vertical boundaries reports with respect to the activities of the State under the carbon dioxide storage pro- age, that any person who is subject to a re- of the geological storage facility designated gram as the Administrator may require by quirement of the carbon dioxide storage pro- by the permit are appropriate for the storage regulation. gram is violating the requirement, the Ad- facility; (ii) REVISIONS.—Not later than the expira- ministrator shall notify the State and the (II) the storage facility and reservoir are tion of the 270-day period beginning on the person violating the requirement of the vio- suitable and feasible for the injection and date on which any regulation promulgated lation. storage of carbon dioxide; under subsection (b)(1)(A)(ii) is revised or (B) FAILURE TO ENFORCE.—If, after the date (III) a good faith effort has been made to amended with respect to a requirement ap- that is 30 days after the Administrator noti- obtain the consent of a majority of the own- plicable to State carbon dioxide storage pro- fies a State of a violation under subpara- ers having property interests affected by the grams, each State with a carbon dioxide graph (A), the State has not commenced ap- storage facility, and that the storage oper- storage program approved under subpara- propriate enforcement action, the Adminis- ator intends to acquire any remaining inter- graph (B) shall submit, in such form and in trator shall— est by eminent domain or by a method other- such manner as the Administrator may re- (i) issue an order under paragraph (2) re- wise allowed by law; quire, a notice to the Administrator that quiring the person to— (IV) the use of the storage facility for the demonstrates, to the satisfaction of the Ad- (I) correct the matter; and geological storage of carbon dioxide will not ministrator, that the State carbon dioxide (II) comply with the requirement; or result in the unpermitted migration of car- storage program meets the revised or amend- (ii) bring a civil action in accordance with bon dioxide into other formations containing ed requirement. paragraph (3). fresh drinking water or oil, gas, coal, or (B) APPROVAL OR DISAPPROVAL.—Not later (C) VIOLATIONS IN CERTAIN STATES.—In any other commercial mineral deposits that are than 90 days after the date on which a State case in which the Administrator determines, not owned by the storage operator; and submits to the Administrator an application during a period during which a State does (V) the proposed storage would— under subparagraph (A)(i) or a notice under not have primary enforcement responsibility (aa) not unduly endanger human health or subparagraph (A)(ii), and after a reasonable for carbon dioxide storage, that any person the environment; and (as determined by the Administrator) oppor- subject to any requirement of any applicable (bb) be in the public interest. tunity for discussion, the Administrator carbon dioxide storage program in the State (B) STATE AUTHORITY.—A State regulatory shall by regulation approve, disapprove, or is violating the requirement, the Adminis- agency approved under subsection (c)(1) to approve in part and disapprove in part, the trator shall— administer a carbon dioxide storage program carbon dioxide storage program proposed by (i) issue an order under paragraph (2) re- shall issue such orders, permits, certificates, the State. quiring the person to comply with require- rules, and regulations, including establish- (C) EFFECT OF APPROVAL.—If the Adminis- ment; or ment of such appropriate and sufficient fi- trator approves the carbon dioxide storage (ii) bring a civil action in accordance with nancial sureties as are necessary, for the program of a State under subparagraph (B), paragraph (3). purpose of regulating the drilling, operation, the State shall have primary enforcement (2) ADMINISTRATIVE ORDERS AND APPEALS.— and well plugging and abandonment and re- responsibility for carbon dioxide storage in (A) IN GENERAL.—In any case in which the moval of surface buildings and equipment of the State until such time as the Adminis- Administrator has the authority to bring a the storage facility in order to protect the trator determines, by regulation, that the civil action under this subsection with re- storage facility against pollution, invasion, State no longer meets the requirements of spect to any regulation or other requirement and the escape or migration of carbon diox- subparagraph (A)(i). of this section, the Administrator may, in ide. (D) PUBLIC PARTICIPATION.—Before making addition to bringing the civil action, issue an (C) EMINENT DOMAIN.—A storage operator a determination under subparagraph (B) or order under this paragraph that— may be empowered by a State to exercise the (C), the Administrator shall provide an op- (i) assesses a civil penalty of not more than right of eminent domain under State law to portunity for a public hearing with respect $10,000 for each day of violation for any past acquire all surface and subsurface rights and to the determination. or current violation, up to a maximum ag- interests necessary or useful for the purpose (2) STATES WITHOUT PRIMARY ENFORCEMENT gregate civil penalty of $125,000, for each cov- of operating the storage facility, including RESPONSIBILITY.— ered entity; easements and rights-of-way across land that (A) IN GENERAL.—If a State fails to submit (ii) requires compliance with the regula- are necessary to transport carbon dioxide an application under paragraph (1)(A)(i) by tion or other requirement; or among components of the storage facility. the date that is 270 days after the date of (iii) accomplishes each of the actions de- (D) VARIANCE IN CONDITIONS.—The regula- promulgation of regulations under sub- scribed in clauses (i) and (ii). tions promulgated under paragraph (1)(A)(ii) section (b)(1)(A)(ii), the Administrator shall (B) TIMING.—An order under this paragraph shall permit or provide for consideration of by regulation prescribe (and may from time shall be issued by the Administrator only varying geological, hydrological, and histor- to time by regulation revise) a program ap- after an opportunity (provided in accordance ical conditions in different States and in dif- plicable to the State that meets the terms with this paragraph) for a hearing. ferent areas within a State. and conditions of subsection (b)(2). (C) NOTICE.—Before issuing any order (E) ENHANCED RECOVERY OPERATIONS.— (B) DISAPPROVAL.—If the Administrator under subparagraph (A), the Administrator (i) IN GENERAL.—Upon the approval of a disapproves all or a portion of the program shall provide to the person to whom the State to administer a carbon dioxide storage of a State under paragraph (1)(B), if the Ad- order applies— program under subsection (c)(1), the State ministrator determines under paragraph (i) written notice of the intent of the Ad- regulatory agency designated by the State (1)(C) that a State no longer meets the re- ministrator to issue the order; and may develop rules to allow the conversion quirements of subclause (I) or (II) of para- (ii) the opportunity to request, within the into a storage facility of an enhanced recov- graph (1)(A)(i), or if a State fails to submit a 30-day period beginning on the date of re- ery operation that is in existence as of the notice before the expiration of the period ceipt by the person of the notice, a hearing date on which administration of the program specified in paragraph (1)(A)(ii), the Admin- on the order. by the State is approved. istrator shall by regulation, not later than 90 (D) REQUIREMENTS.—A hearing described in (ii) OIL AND GAS RECOVERY.—Nothing in days after the date of the disapproval, deter- subparagraph (C)(ii)— this section applies to or otherwise affects mination, or expiration (as the case may be), (i) shall not be subject to section 554 or 556 the use of carbon dioxide as a part of or in prescribe (and may from time to time by reg- of title 5, United States Code; but conjunction with any enhanced recovery ulation revise) a program applicable to the (ii) shall provide to each interested person method the sole purpose of which is en- State that meets the requirements of sub- a reasonable opportunity to be heard and to hanced oil or gas recovery. section (b)(2). present evidence.

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(E) NOTICE AND COMMENT.—The Adminis- order is effective or the date of the final case of a State with primary enforcement trator shall provide public notice of, and a judgment, as the case may be. authority) or the Administrator (in the case reasonable opportunity to comment on, any (ii) NO REVIEW OF AMOUNT.—In a civil ac- of a State that does not have primary en- proposed order. tion brought under clause (i), the validity, forcement authority) shall issue a certificate (F) SPECIFIC NOTICE.—Any person who com- amount, and appropriateness of the civil pen- of completion of injection operations to the ments on any proposed order under subpara- alty shall not be subject to review. storage operator. graph (E) shall be given notice of any hear- (P) AUTHORITY OF ADMINISTRATOR.—The (g) LIABILITY OF STORAGE OPERATORS FOR ing under this paragraph and of any order. Administrator may, in connection with ad- RELEASE OF CARBON DIOXIDE.— (G) EFFECTIVE DATE.—Any order issued ministrative proceedings under this para- (1) IN GENERAL.—The Administrator shall under this paragraph shall become effective graph— agree to indemnify and hold harmless a stor- on the date that is 30 days after the date of (i) issue subpoenas compelling the attend- age operator (and if different from the stor- issuance of the order, unless an appeal is ance and testimony of witnesses and sub- age operator, the owner of the storage facil- taken pursuant to subparagraph (K). poenas duces tecum; and ity) that has maintained financial assur- (H) CONTENTS OF ORDER.—Any order issued (ii) request the Attorney General to bring ances under subsection (e) from liability under this paragraph— a civil action to enforce any subpoena issued arising from the leakage of carbon dioxide at (i) shall state with reasonable specificity under this subparagraph. any storage facility operated by the storage the nature of the violation; and (Q) ENFORCEMENT.—The United States dis- operator, to the extent that the liability is (ii) may specify a reasonable period to trict courts shall have jurisdiction to en- in excess of the level of financial protection achieve compliance. force, and impose sanctions with respect to, required of the storage operator. ONSIDERATIONS (I) C .—In assessing any civil subpoenas issued under subparagraph (P). (2) COMPLETION OF OPERATIONS.—Upon the penalty under this paragraph, the Adminis- (3) CIVIL AND CRIMINAL ACTIONS.— issuance of certificate of completion of injec- trator shall take into consideration all ap- (A) IN GENERAL.—A civil action referred to tion operations by a State regulatory agency propriate factors, including— in subparagraph (B) or (C) of paragraph (1) (in the case of a State with primary enforce- (i) the seriousness of the violation; shall be brought in the appropriate United ment authority) or the Administrator (in the (ii) the economic benefit (if any) resulting States district court. case of a State that does not have primary from the violation; (B) AUTHORITY; JUDGEMENT.—A court de- enforcement authority)— (iii) any history of similar violations; scribed in subparagraph (A)— (A) the Administrator shall be vested with (iv) any good-faith efforts to comply with (i) shall have jurisdiction to require com- complete and absolute title and ownership of the applicable requirements; pliance with any requirement of an applica- the storage facility and any stored carbon di- (v) the economic impact of the penalty on ble carbon dioxide storage program or with oxide at the facility; the violator; and an order issued under paragraph (2); and (B) the storage operator and all generators (vi) such other matters as justice may re- (ii) may enter such judgment as the protec- of any injected carbon dioxide shall be re- quire. tion of public health may require. leased from all further liability associated (J) OTHER ACTIONS.—Any violation with re- (C) PENALTIES.—Any person who violates with the project; and spect to which the Administrator has com- any requirement of an applicable carbon di- (C)(i) any performance bonds posted by the menced and is diligently prosecuting a civil oxide storage program or an order requiring storage operator shall be released; and action under a provision of law other than compliance under paragraph (2)— (ii) continued monitoring of the storage fa- this section, or has issued an order under (i) shall be subject to a civil penalty of not cility, including remediation of any well this paragraph assessing a civil penalty, more than $25,000 for each day of such viola- leakage, shall become the responsibility of shall not be subject to a civil action under tion; and the Administrator. paragraph (3). (ii) if the violation is willful, may, in addi- (K) APPEALS.—Any person against whom tion to or in lieu of the civil penalty under (h) FUNDING.— an order is issued may file an appeal of the clause (i), be imprisoned for not more than 3 (1) IN GENERAL.—For each fiscal year, the order, not later than 30 days after the date of years, fined in accordance with title 18, Administrator shall collect an annual assess- issuance of the order, with— United States Code, or both. ment from each storage operator for each (i) the United States District Court for the (4) EFFECT ON STATE AUTHORITY.— storage facility that has not obtained a cer- District of Columbia; or (A) IN GENERAL.—Nothing in this sub- tificate of completion of injection oper- (ii) the United States district court for the section diminishes or otherwise affects any ations. district in which the violation is alleged to authority of a State or political subdivision (2) ASSESSMENT AMOUNT.—The amount of have occurred. of a State to adopt or enforce any law (in- the assessment for a storage facility for a (L) DISTRIBUTION OF COPIES.—An appellant cluding a regulation) (relating to the storage fiscal year shall be equal to the product ob- shall simultaneously send a copy of an ap- of carbon dioxide. tained by multiplying— peal filed under subparagraph (K) by cer- (B) OTHER REQUIREMENTS.—No law (includ- (A) the per-ton assessment for the fiscal tified mail to the Administrator and to the ing a regulation) described in subparagraph year calculated under paragraph (4); and Attorney General. (A) shall relieve any person of any require- (B) the total number of tons of carbon di- (M) RECORD.—The Administrator shall ment otherwise applicable under this Act. oxide injected for storage by the storage op- promptly file in the appropriate court de- (e) FINANCIAL ASSURANCES FOR STORAGE erator during the preceding fiscal year at all scribed in subparagraph (K) a certified copy OPERATORS.— storage facilities operated by the storage op- of the record on which an order was based. (1) IN GENERAL.—Each storage operator erator during the fiscal year. (N) JUDICIAL ACTION.—A court having juris- shall be required by the State regulatory (3) AGGREGATE AMOUNT.—The aggregate diction over an order issued under this para- agency (in the case of a State with primary amount of assessments collected from all graph shall not— enforcement authority) or the Administrator storage operators under paragraph (1) for (i) set aside or remand the order unless the (in the case of a State that does not have pri- any fiscal year shall be equal to the sum of, court determines that— mary enforcement authority) to have and with respect to the fiscal year— (I) there is not substantial evidence on the maintain financial assurances of such type (A) any indemnification payments required record, taken as a whole, to support the find- and in such amounts as are necessary to to be made pursuant to subsection (g)(1); ing of a violation; or cover public liability claims relating to the (B) any costs associated with storage fa- (II) the assessment by the Administrator of storage facility of the storage operator. cilities to which the Administrator has a civil penalty, or a requirement for compli- (2) MAINTENANCE OF FINANCIAL ASSUR- taken title pursuant to subsection (g)(2), in- ance, constitutes an abuse of discretion; or ANCES.—The financial assurances required cluding costs associated with any— (ii) impose additional civil penalties for under paragraph (1) shall be maintained by (i) inspection, monitoring, recordkeeping, the same violation unless the court deter- the storage operator until such time as the and reporting requirements of those facili- mines that the assessment by the Adminis- operator obtains a certificate of completion ties; trator of a civil penalty constitutes an abuse of injection operations under subsection (f). (ii) remediation of carbon dioxide leakage; of discretion. (3) AMOUNT.—The amount of financial as- or (O) FAILURE TO PAY.— surances required under paragraph (1) shall (iii) plugging and abandoning of remaining (i) IN GENERAL.—If any person fails to pay be the maximum amount of liability insur- wells; and an assessment of a civil penalty after an ance available at a reasonable cost and on (C) any costs associated with public liabil- order becomes effective under subparagraph reasonable terms from private sources (in- ity of storage facilities to which the Admin- (G), or after a court, in a civil action brought cluding private insurance, private contrac- istrator has taken title pursuant to sub- under subparagraph (K), has entered a final tual indemnities, self-insurance, or a com- section (g)(2). judgment in favor of the Administrator, the bination of those measures), as determined (4) CALCULATION OF ASSESSMENT.—The as- Administrator may request the Attorney by the Administrator. sessment under this subsection per ton of General to bring a civil action in an appro- (f) CESSATION OF STORAGE OPERATIONS.— carbon dioxide for a fiscal year shall be equal priate United States district court to recover Upon a showing by a storage operator that a to the quotient obtained by dividing— the amount assessed, plus costs, attorneys’ storage facility is reasonably expected to re- (A) the aggregate amount of assessments fees, and interest at currently prevailing tain mechanical integrity and remain in calculated under paragraph (3) for the fiscal rates, calculated from the date on which the place, the State regulatory agency (in the year; by

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(B) the aggregate number of tons of carbon ‘‘(A) which is a new identifiable treatment (c) EFFECTIVE DATE.—The amendments dioxide injected for storage during the pre- facility (as defined in paragraph (4)), made by this section shall apply to property ceding fiscal year by all storage operators. ‘‘(B) which is— placed in service after December 31, 2007. (5) INFORMATION.—The Administrator shall ‘‘(i) installed after December 31, 2007, and SEC. 1033. EXTENSION AND MODIFICATION OF require the submission of such information ‘‘(ii) used in connection with an electric PRODUCTION CREDIT FOR CLOSED- by each storage operator on an annual basis generation plant or other property which is LOOP BIOMASS. as is necessary to make the calculations re- primarily coal fired, and (a) IN GENERAL.—Clause (ii) of section quired under this subsection. ‘‘(C) which is certified by the owner or op- 45(d)(2)(A) of the Internal Revenue Code of (i) RELATIONSHIP TO OTHER LAWS.— erator of the plant or other property, in such 1986 is amended to read as follows: (1) IN GENERAL.—The Administrator shall form and manner as prescribed by the Sec- ‘‘(iii) owned by the taxpayer which after promulgate regulations for permitting com- retary, to reduce carbon dioxide emissions before January 1, 2014 is originally placed in mercial-scale underground injection of car- per net megawatt hour of electricity genera- service and modified, or is originally placed bon dioxide for purposes of geological seques- tion by— in service as a facility, to use closed-loop tration under this section. ‘‘(i) optimizing combustion, biomass to co-fire (or, in the case of an inte- (2) SAFE DRINKING WATER ACT.—Section 1421 ‘‘(ii) optimizing sootblowing and heat grated gasification combined cycle facility, of the Safe Drinking Water Act (42 U.S.C. transfer, to co-process) with coal, with other biomass, 300h) shall not be used as a basis for permit- ‘‘(iii) upgrading steam temperature control or with both.’’. ting commercial-scale underground injection capabilities, or storage of carbon dioxide. ‘‘(iv) reducing exit gas temperatures (air (b) EFFECTIVE DATE.—The amendment Beginning on page 329, strike line 1 and all heater modifications) made by this section shall apply to elec- that follows through page 330, line 3. ‘‘(v) predrying low rank coals using power tricity produced and sold after the date of At the end of title X, add the following: plant waste heat, the enactment of this Act. Subtitle D—Clean Coal Technology ‘‘(vi) modifying steam turbines or change SEC. 1034. QUALIFYING NEW CLEAN COAL POWER Incentives the steam path/blading, PLANT CREDIT. SEC. 1031. SHORT TITLE. ‘‘(vii) replacing single speed motors with (a) IN GENERAL.—Subpart E of part IV of This subtitle may be cited as the ‘‘Energy variable speed drives for fans and pumps, subchapter A of chapter 1 of the Internal Security and Climate Enhancement Through ‘‘(viii) improving operational controls, in- Revenue Code of 1986 is amended by inserting Clean Coal Technology Act of 2008’’. cluding neural networks, or after section 48B the following new section: SEC. 1032. MODIFICATION OF SPECIAL RULES ‘‘(ix) any other means approved by the Sec- ‘‘SEC. 48C. QUALIFYING NEW CLEAN COAL POWER FOR ATMOSPHERIC POLLUTION retary, in consultation with the Secretary of PLANT CREDIT. CONTROL FACILITIES. Health and Human Services.’’. (a) IN GENERAL.—Subsection (d) of section ‘‘(a) ALLOWANCE OF CREDIT.— (b) DEDUCTION NOT ADJUSTED FOR PUR- 169 of the Internal Revenue Code of 1986 is ‘‘(1) IN GENERAL.—For purposes of section POSES OF DETERMINING ALTERNATIVE MIN- amended by adding at the end the following 46, the qualifying new clean coal power plant new paragraph: IMUM TAX.—Paragraph (5) of section 56(a) of credit for any taxable year is an amount ‘‘(6) SPECIAL RULES FOR CERTAIN ATMOS- the Internal Revenue Code of 1986 is amended equal to the applicable percentage of the PHERIC POLLUTION CONTROL FACILITIES.—Not- by adding at the end the following new sen- qualified investment for such taxable year. withstanding paragraph (1), the term ‘pollu- tence: ‘‘The preceding sentences of this para- ‘‘(2) APPLICABLE PERCENTAGE.—For pur- tion control facility’ includes any mechan- graph shall not apply to any pollution con- poses of paragraph (1), the applicable per- ical or electronic system which— trol facility described in section 169(d)(6).’’. centage shall be determined as follows:

‘‘In the case of a plant which either has— The applicable a design net heat rate below— or a carbon dioxide emission rate of— percentage is:

7,580 Btu/kWh (45% efficiency) ...... 1,577 lbs/MWh or less ...... 30 percent 7,760 Btu/kWh (44% efficiency) ...... 1,613 lbs/MWh or less ...... 28 percent 7,940 Btu/kWh (43% efficiency) ...... 1,650 lbs/MWh or less ...... 26 percent 8,120 Btu/kWh (42% efficiency) ...... 1,690 lbs/MWh or less ...... 20 percent 8,322 Btu/kWh (41% efficiency) ...... 1,731 lbs/MWh or less ...... 10 percent 8,530 Btu/kWh (40% efficiency) ...... 1,774 lbs/MWh or less ...... 10 percent

‘‘(b) QUALIFIED INVESTMENT.— ‘‘(i) has a design net heat rate of below tain such information as the Secretary may ‘‘(1) IN GENERAL.—For purposes of sub- 8,530 Btu/kWh, or require in order to make a determination to section (a), the qualified investment for any ‘‘(ii) has a carbon dioxide emission rate of accept or reject an application for certifi- taxable year is the basis of eligible property 1,774 lbs/MWh or less, and cation as meeting the requirements of this placed in service by the taxpayer during such ‘‘(C) which— section. Any information contained in the taxable year which is part of a qualifying ‘‘(i) is designed to capture carbon dioxide application shall be protected as provided in new clean coal power plant— emissions, or section 552(b)(4) of title 5, United States ‘‘(A)(i) the construction, reconstruction, or ‘‘(ii)(I) is designed to include a built-in Code. erection of which is completed by the tax- space for future carbon dioxide capture hard- ‘‘(3) AGGREGATE CREDITS.—The aggregate payer, or ware (and improved foundations and or projects certified by the Secretary under ‘‘(ii) which is acquired by the taxpayer if ironwork necessary to accommodate the ad- this subsection shall not exceed an aggregate the original use of such property commences ditional hardware), capacity for electricity generation of more with the taxpayer, and ‘‘(II) includes an engineering feasibility than 6,000 megawatts.’’. ‘‘(B) with respect to which depreciation (or study identifying a system, including associ- ‘‘(e) RECAPTURE OF CREDIT.—The Secretary amortization in lieu of depreciation) is al- ated cost and performance parameters, to shall provide for recapturing the benefit of lowable. retrofit carbon capture equipment, and ‘‘(2) SPECIAL RULE FOR CERTAIN SUBSIDIZED ‘‘(III) includes a site or sited identified any credit allowable under subsection (a) PROPERTY.—Rules similar to section 48(a)(4) where carbon dioxide may be stored or used with respect to any project which fails to at- shall apply for purposes of this section. for commercial purposes. tain or maintain any of the requirements of ‘‘(3) CERTAIN QUALIFIED PROGRESS EXPENDI- ‘‘(2) ELIGIBLE PROPERTY.—The term ‘eligi- this section.’’. TURES RULES MADE APPLICABLE.—Rules simi- ble property’ means any property which is a part of a qualifying new clean coal power (b) CONFORMING AMENDMENTS.— lar to the rules of subsections (c)(4) and (d) of (1) Section 46 of the Internal Revenue Code section 46 (as in effect on the day before the plant. ‘‘(d) QUALIFYING NEW CLEAN COAL POWER of 1986 is amended by striking ‘‘and’’ at the enactment of the Revenue Reconciliation PLANT PROGRAM.— end of paragraph (3), by striking the period Act of 1990) shall apply for purposes of this ‘‘(1) ESTABLISHMENT.—Not later than 180 at the end of paragraph (4) and inserting ‘‘, section. days after the date of enactment of this sec- and’’, and by adding at the end the following ‘‘(c) DEFINITIONS.—For purposes of this sec- tion, the Secretary, in consultation with the new paragraph: tion— Secretary of Energy, shall establish a quali- ‘‘(5) the qualifying new clean coal power ‘‘(1) QUALIFYING NEW CLEAN COAL POWER fying new clean coal power plant program, plant credit.’’. PLANT.—The term ‘qualifying new clean coal under which the Secretary shall certify (2) Section 49(a)(1)(C) of such Code is power plant’ means a facility which— projects eligible for the credit under sub- amended by striking ‘‘and’’ at the end of ‘‘(A) which meets the requirements of sec- section (a) clause (iii), by striking the period at the end tion 48A(e), ‘‘(2) APPLICATION.—An application under of clause (iv) and inserting ‘‘, and’’, and by ‘‘(B) which either— for certification under this section shall con- adding at the end the following new clause:

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(3) The table of sections for subpart E of ment credit.’’. ‘‘(2) RECYCLED CARBON DIOXIDE.—The term part IV of subchapter A of chapter 1 of such (2) Section 49(a)(1)(C) of such Code, as ‘qualified carbon dioxide’ includes the initial Code is amended by inserting after the item amended by this Act, is amended by striking deposit of captured carbon dioxide used as a relating to section 48B the following new ‘‘and’’ at the end of clause (iv), by striking tertiary injectant. Such term does not in- item: the period at the end of clause (v) and insert- clude carbon dioxide that is re-captured, re- ‘‘Sec. 48C. Qualifying new clean coal power ing ‘‘, and’’, and by adding at the end the fol- cycled, and re-injected as part of the en- plant credit.’’. lowing new clause: hanced oil and natural gas recovery process. ‘‘(vi) the basis of any eligible property (c) EFFECTIVE DATE.—The amendments ‘‘(d) SPECIAL RULES AND DEFINITIONS.—For under section 48D.’’. made by this section shall apply to periods purposes of this section— after the date of the enactment of this Act, (3) The table of sections for subpart E of ‘‘(1) CREDIT PERIOD.—The term ‘credit pe- under rules similar to the rules of section part IV of subchapter A of chapter 1 of such Code, as amended by this Act is amended by riod’ means, with respect to any qualified fa- 48(m) of the Internal Revenue Code of 1986 cility, the 10-year period beginning on the (as in effect before the date of the enactment inserting after the item relating to section 48C the following new section: date on which qualified carbon dioxide for of the Revenue Reconciliation Act of 1990). which a credit was allowed under subsection SEC. 1035. INVESTMENT CREDIT FOR EQUIPMENT ‘‘Sec. 48D. Equipment used to capture, (a) was first captured. USED TO CAPTURE, TRANSPORT, transport, and store carbon di- ‘‘(2) ONLY CARBON DIOXIDE CAPTURED WITHIN AND STORE CARBON DIOXIDE. oxide emissions.’’. THE UNITED STATES TAKEN INTO ACCOUNT.— (a) IN GENERAL.—Subpart E of part IV of (c) EFFECTIVE DATE.—The amendments The credit under this section shall apply subchapter A of chapter 1 of the Internal made by this section shall apply to periods only with respect to qualified carbon dioxide Revenue Code of 1986, as amended by this after the date of the enactment of this Act, the capture of which is within— Act, is amended by inserting after section under rules similar to the rules of section ‘‘(A) the United States (within the mean- 48C the following new section: 48(m) of the Internal Revenue Code of 1986 ing of section 638(1)), or ‘‘SEC. 48D. EQUIPMENT USED TO CAPTURE, (as in effect before the date of the enactment ‘‘(B) a possession of the United States TRANSPORT, AND STORE CARBON of the Revenue Reconciliation Act of 1990). DIOXIDE EMISSIONS. (within the meaning of section 638(2)). SEC. 1036. TAX CREDIT FOR CARBON DIOXIDE SE- ‘‘(3) SECURE GEOLOGICAL STORAGE.—The ‘‘(a) GENERAL RULE.—For purposes of sec- QUESTRATION IN THE GENERATION Secretary, in consultation with the Adminis- tion 46, the qualifying carbon dioxide equip- OF ELECTRICITY. ment credit for any taxable year is an trator of the Environmental Protection (a) IN GENERAL.—Subpart D of part IV of amount equal to 30 percent of the qualified Agency, shall establish regulations for deter- subchapter A of chapter 1 of the Internal investment for such taxable year. mining adequate security measures for the Revenue Code of 1986 (relating to business geological storage of carbon dioxide under ‘‘(b) QUALIFIED INVESTMENT.—For purposes credits) is amended by adding at the end the of subsection (a), the qualified investment subsection (a)(1)(B) such that the carbon di- following new section: for any taxable year is the basis of eligible oxide does not escape into the atmosphere. property placed in service by the taxpayer ‘‘SEC. 45Q. CREDIT SEQUESTERING CARBON DI- Such term shall include storage at deep sa- during such taxable year. OXIDE IN THE GENERATION OF line formations and unminable coal seems ELECTRICITY. ‘‘(c) DEFINITIONS.—For purposes of this sec- under such conditions as the Secretary may tion— ‘‘(a) GENERAL RULE.—For purposes of sec- determine under such regulations. ‘‘(1) ELIGIBLE PROPERTY.—The term ‘eligi- tion 38, the carbon dioxide sequestration ‘‘(4) TERTIARY INJECTANT.—The term ‘ter- ble property’ means equipment installed on a credit for any taxable year is an amount tiary injectant’ has the same meaning as qualified coal-fired electric power generating equal to the sum of— when used within section 193(b)(1). unit to capture, transport, and store carbon ‘‘(1) $30 per metric ton of qualified carbon ‘‘(5) QUALIFIED ENHANCED OIL OR NATURAL dioxide produced at such generating unit, in- dioxide which is— GAS RECOVERY PROJECT.—The term ‘qualified cluding equipment to separate and pressurize ‘‘(A) captured by the taxpayer at a quali- enhanced oil or natural gas recovery project’ carbon dioxide for transport (including hard- fied facility during the credit period, and has the meaning given the term ‘qualified ware to operate such equipment) and equip- ‘‘(B) disposed of by the taxpayer in secure enhanced oil recovery project’ by section ment to transport, inject, and monitor such geological storage, and 43(c)(2), by substituting ‘crude oil or natural carbon dioxide, as further specified and iden- ‘‘(2) $10 per metric ton of qualified carbon gas’ for ‘crude oil’ in subparagraph (A)(i) tified, by rule, by the Secretary. dioxide which is— thereof. ‘‘(2) QUALIFIED COAL-FIRED ELECTRIC GEN- ‘‘(A) captured by the taxpayer at a quali- ‘‘(6) CREDIT ATTRIBUTABLE TO TAXPAYER.— ERATION UNIT.—The term ‘qualified coal-fired fied facility during the credit period, and Any credit under this section shall be attrib- electric generation unit’ means a unit which, ‘‘(B) used by the taxpayer as a tertiary utable to the person that captures and phys- after installation of eligible property, is de- injectant in a qualified enhanced oil or nat- ically or contractually ensures the disposal signed to capture and store in a geologic for- ural gas recovery project. of or the use as a tertiary injectant of the mation not less than 500,000 metric tons of ‘‘(b) QUALIFIED FACILITY.—For purposes of qualified carbon dioxide, except to the ex- carbon dioxide per year. this section— tent provided in regulations prescribed by ‘‘(d) AGGREGATE CREDITS.—The credits al- ‘‘(1) IN GENERAL.—The term ‘qualified facil- the Secretary. lowed under subsection (a) shall apply only ity’ means any industrial facility— ‘‘(7) RECAPTURE.—The Secretary shall, by to the first 9,000 megawatts of capacity of ‘‘(A) which is owned by the taxpayer, regulations, provide for recapturing the ben- qualified coal-fired electric power generating ‘‘(B) at which carbon capture equipment is efit of any credit allowable under subsection units certified by the Secretary under sub- placed in service, (a) with respect to any qualified carbon diox- section (e). ‘‘(C) which captures not less than 500,000 ide which ceases to be captured, disposed of, ‘‘(e) CERTIFICATION.— metric tons of carbon dioxide during the tax- or used as a tertiary injectant in a manner ‘‘(1) CERTIFICATION PROCESS.—The Sec- able year, and consistent with the requirements of this sec- retary shall establish a certification process ‘‘(D) which is certified by the Secretary tion. to determine the extent to which eligible under paragraph (2). ‘‘(8) INFLATION ADJUSTMENT.—In the case of property has been installed on a qualified ‘‘(2) CERTIFICATION.— any taxable year beginning in a calendar coal-fired electric power generating unit, ‘‘(A) IN GENERAL.—The Secretary, in con- year after 2008, there shall be substituted for and to make such other determinations as sultation with the Secretary of Energy, shall each dollar amount contained in subsection the Secretary deems appropriate. The Sec- establish a program under which facilities (a) an amount equal to the product of— retary shall prepare an application for cer- which use coal for the generation of elec- ‘‘(A) such dollar amount, multiplied by tification. tricity are certified for purposes of this sec- ‘‘(B) the inflation adjustment factor for ‘‘(2) REQUIREMENTS FOR APPLICATIONS FOR tion. such calendar year determined under section CERTIFICATION.—An application for certifi- ‘‘(B) LIMITATION.—The total aggregate gen- 43(b)(3)(B) for such calendar year, deter- cation shall contain such information as the erating capacity of all facilities certified by mined by substituting ‘2007’ for ‘1990’.’’. Secretary may require in order to establish the Secretary under this paragraph shall not (b) CONFORMING AMENDMENT.—Section 38(b) credit entitlement. Any information con- exceed 9,000 megawatts. of the Internal Revenue Code of 1986 (relat- tained in an application shall be protected as ‘‘(c) QUALIFIED CARBON DIOXIDE.—For pur- provided in section 552(b)(4) of title 5, United poses of this section— ing to general business credit) is amended by States Code.’’. ‘‘(1) IN GENERAL.—The term ‘qualified car- striking ‘‘plus’’ at the end of paragraph (32), (b) CONFORMING AMENDMENTS.— bon dioxide’ means carbon dioxide captured by striking the period at the end of para- (1) Section 46 of the Internal Revenue Code from an industrial source which— graph (33) and inserting ‘‘, plus’’, and by add- of 1986, as amended by this Act, is amended ‘‘(A) would otherwise be released into the ing at the end of following new paragraph: by striking ‘‘and’’ at the end of paragraph atmosphere as industrial emissions of green- ‘‘(34) the carbon dioxide sequestration (4), by striking the period at the end of para- house gas, and credit determined under section 45Q(a).’’.

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(c) CLERICAL AMENDMENT.—The table of conditions to taking such remedial actions) (as in effect on the date of enactment of this sections for subpart B of part IV of sub- to prevent an action described in the pre- paragraph). chapter A of chapter 1 of the Internal Rev- ceding sentence from causing a bond to fail ‘‘(4) QUALIFIED ISSUER.—The term ‘quali- enue Code of 1986 (relating to other credits) to be a clean energy coal bond. fied issuer’ means— is amended by adding at the end the fol- ‘‘(b) LIMITATION ON AMOUNT OF BONDS DES- ‘‘(A) a clean energy bond lender; lowing new section: IGNATED.— ‘‘(B) a cooperative electric company; or ‘‘Sec. 45Q. Credit for sequestering carbon di- ‘‘(1) NATIONAL LIMITATION.—There is a na- ‘‘(C) a public power entity. oxide in the generation of elec- tional clean energy coal bond limitation of ‘‘(5) QUALIFIED BORROWER.—The term tricity.’’. $5,000,000,000. ‘qualified borrower’ means— (d) EFFECTIVE DATE.—The amendments ‘‘(2) ALLOCATION BY SECRETARY.—The Sec- ‘‘(A) a mutual or cooperative electric com- made by this section shall apply carbon diox- retary shall allocate the amount described in pany described in section 501(c)(12) or ide captured after the date of the enactment paragraph (1) among qualified projects in 1381(a)(2)(C); or of this Act. such manner as the Secretary determines ap- ‘‘(B) a public power entity. SEC. 1037. CLEAN ENERGY COAL BONDS. propriate. ‘‘(e) SPECIAL RULES RELATING TO POOL (a) IN GENERAL.—Subpart I of part IV of ‘‘(c) SPECIAL RULES RELATING TO EXPENDI- BONDS.—No portion of a pooled financing subchapter A of chapter 1 of the Internal TURES.— bond may be allocable to any loan unless the Revenue Code of 1986 (relating to qualified ‘‘(1) IN GENERAL.—An issue shall be treated borrower has entered into a written loan tax credit bonds) is amended by adding at as meeting the requirements of this sub- commitment for such portion prior to the the end the following new section: section if, as of the date of issuance. the issue date of such issue. qualified issuer reasonably expects— ‘‘SEC. 54C. CLEAN ENERGY COAL BONDS. ‘‘(f) OTHER DEFINITIONS AND SPECIAL ‘‘(A) 100 percent or more of the available ‘‘(a) CLEAN ENERGY COAL BOND.—For pur- RULES.—For purposes of this section— project proceeds from the sale of the issue poses of this subchapter— ‘‘(1) QUALIFIED CLEAN COAL PROJECT.—For ‘‘(1) IN GENERAL.—The term ‘clean energy are to be spent for 1 or more qualified purposes of this section, the term ‘qualified coal bond’ means any bond issued as part of projects within the 5-year period beginning clean coal project’ means— an issue if— on the date of issuance of the clean energy ‘‘(A) an atmospheric pollution control fa- ‘‘(A) the bond is issued by a qualified issuer bond; cility (within the meaning of section pursuant to an allocation by the Secretary ‘‘(B) a binding commitment with a third 169(d)(5)(C)); to such issuer of a portion of the national party to spend at least 10 percent of such ‘‘(B) a closed-loop biomass facility (within clean energy coal bond limitation under sub- available project proceeds from the sale of the meaning of section 45(d)(2)); section (b)(2); the issue will be incurred within the 6-month ‘‘(C) a qualified new clean coal power plant ‘‘(B) 100 percent of the available project period beginning on the date of issuance of (within the meaning of section 48C(d)(1)); proceeds from the sale of such issue are to be the clean energy bond or, in the case of a ‘‘(D) qualifying carbon dioxide equipment used for capital expenditures incurred by clean energy bond the available project pro- described in section 48D(c)(1); or qualified borrowers for 1 or more qualified ceeds of which are to be loaned to 2 or more ‘‘(E) a qualified facility (within the mean- projects; qualified borrowers, such binding commit- ing of section 450(c)). ment will be incurred within the 6-month pe- ‘‘(C) the qualified issuer designates such ‘‘(2) POOLED FINANCING BOND.—The term bond for purposes of this section and the riod beginning on the date of the loan of ‘pooled financing bond’ shall have the mean- bond is in registered form; and such proceeds to a qualified borrower; and ing given such term by section 149(f)(4)(A). ‘‘(D) in lieu of the requirements of section ‘‘(C) such projects will be completed with 54A(d)(2), the issue meets the requirements due diligence and the available project pro- ‘‘(g) TERMINATION.—This section shall not of subsection (c). ceeds from the sale of the issue will be spent apply with respect to any bond issued after December 31, 2018.’’. ‘‘(2) QUALIFIED PROJECT; SPECIAL USE with due diligence. RULES.— ‘‘(2) EXTENSION OF PERIOD.—Upon submis- (b) CONFORMING AMENDMENTS.— ‘‘(A) IN GENERAL.—The term ‘qualified sion of a request prior to the expiration of (1) Paragraph (1) of section 54A(d) of the project’ means a qualified clean coal project the period described in paragraph (1)(A), the Internal Revenue Code of 1986 is amended to (as defined in subsection (f)(1)) placed in Secretary may extend such period if the read as follows: service by a qualified borrower. qualified issuer establishes that the failure ‘‘(1) QUALIFIED TAX CREDIT BOND.—The term ‘‘(B) REFINANCING RULES.—For purposes of to satisfy the 5-year requirement is due to ‘qualified tax credit bond’ means— paragraph (1)(B), a qualified project may be reasonable cause and the related projects ‘‘(A) a qualified forestry conservation refinanced with proceeds of a clean energy will continue to proceed with due diligence. bond, or coal bond only if the indebtedness being refi- ‘‘(3) FAILURE TO SPEND REQUIRED AMOUNT OF ‘‘(B) a clean energy coal bond, nanced (including any obligation directly or BOND PROCEEDS WITHIN 5 YEARS.—To the ex- which is part of an issue that meets require- indirectly refinanced by such indebtedness) tent that less than 100 percent of the avail- ments of paragraphs (2), (3), (4), (5), and (6).’’. was originally incurred by a qualified bor- able project proceeds of such issue are ex- (2) Subparagraph (C) of section 54A(d)(2) of rower after the date of the enactment of this pended by the close of the 5-year period be- such Code is amended to read as follows: section. ginning on the date of issuance (or if an ex- ‘‘(C) QUALIFIED PURPOSE.—For purposes of ‘‘(C) REIMBURSEMENT.—For purposes of tension has been obtained under paragraph this paragraph, the term ‘qualified purpose’ paragraph (1)(B), a clean energy coal bond (2), by the close of the extended period), the means— may be issued to reimburse a qualified bor- qualified issuer shall redeem all of the non- ‘‘(i) in the case of a qualified forestry con- rower for amounts paid after the date of the qualified bonds within 90 days after the end servation bond, a purpose specified in section enactment of this section with respect to a of such period. For purposes of this para- 54B(e), and qualified project, but only if— graph, the amount of the nonqualified bonds ‘‘(ii) in the case of a clean energy coal ‘‘(i) prior to the payment of the original required to be redeemed shall be determined bond, a purpose specified in section expenditure, the qualified borrower declared in the same manner as under section 142. 54C(f)(1).’’. its intent to reimburse such expenditure ‘‘(d) COOPERATIVE ELECTRIC COMPANY; (c) CLERICAL AMENDMENT.—The table of with the proceeds of a clean energy coal QUALIFIED ENERGY TAX CREDIT BOND LENDER; sections for subpart I of part IV of sub- bond; GOVERNMENTAL BODY; QUALIFIED BOR- chapter A of chapter 1 of the Internal Rev- ‘‘(ii) not later than 60 days after payment ROWER.—For purposes of this section— enue Code of 1986 is amended by adding at of the original expenditure, the qualified ‘‘(1) COOPERATIVE ELECTRIC COMPANY.—The the end the following new item: issuer adopts an official intent to reimburse term ‘cooperative electric company’ means a the original expenditure with such proceeds; mutual or cooperative electric company de- ‘‘Sec. 54C. Clean energy coal bonds.’’. and scribed in section 501(c)(12) or section (d) EFFECTIVE DATE.—The amendments ‘‘(iii) reimbursement is not made later 1381(a)(2)(C), or a not-for-profit electric util- made by this section shall apply to bonds than 18 months after the date the original ity which has received a loan or loan guar- issued after December 31, 2008. expenditure is paid or the date the project is antee under the Rural Electrification Act. placed in service or abandoned, but in no ‘‘(2) CLEAN ENERGY BOND LENDER.—The SA 4944. Mr. LEVIN submitted an event more than 3 years after the original term ‘clean energy bond lender’ means a expenditure is paid. lender which is a cooperative which is owned amendment intended to be proposed by ‘‘(D) TREATMENT OF CHANGES IN USE.—For by, or has outstanding loans to, 100 or more him to the bill S. 3036, to direct the Ad- purposes of paragraph (1)(B), the proceeds of cooperative electric companies and is in ex- ministrator of the Environmental Pro- an issue shall not be treated as used for a istence on February 1, 2002, and shall include tection Agency to establish a program qualified project to the extent that a quali- any affiliated entity which is controlled by to decrease emissions of greenhouse fied borrower takes any action within its such lender. gases, and for other purposes; which control which causes such proceeds not to be ‘‘(3) PUBLIC POWER ENTITY.—The term ‘pub- was ordered to lie on the table; as fol- used for a qualified project. The Secretary lic power entity’ means a State utility with lows: shall prescribe regulations specifying reme- a service obligation, as such terms are de- dial actions that may be taken (including fined in section 217 of the Federal Power Act At the end of title XVII, add the following:

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Subtitle H—Clarification of Use of Amounts (d) FOSSIL FUEL-FIRED ELECTRICITY GEN- (d) CESSATION OF EMISSION ALLOWANCE AND Deposited Into Funds ERATORS IN THE UNITED STATES WITH REGU- OFFSET.—Notwithstanding any other provi- SEC. 1771. CLARIFICATION. LATED PRICES.— sion of this Act, effective with the publica- Notwithstanding any other provision of (1) IN GENERAL.—The emission allowances tion of the notification described in sub- law (including regulations), amounts depos- allocated for a calendar year by section 551 section (c), any obligation of an affected do- ited in any fund established pursuant to this for fossil fuel-fired electricity generators in mestic producer of competitive goods to sub- Act for the purpose of technology develop- the United States with regulated prices shall mit an emission allowance or offset under ment shall be in addition to, and shall not be distributed in the same manner as emis- section 202 to account for emissions associ- supplant, funds otherwise made available for sion allowances are distributed under sub- ated with the production of an affected do- that purpose in an appropriations Act. sections (a) through (c). mestic product shall cease to apply. (2) ADJUSTMENT.—The Administrator shall (e) DISTRIBUTION TO AFFECTED DOMESTIC SA 4945. Mr. LEVIN submitted an adjust emission allowances distributed to PRODUCERS.—Notwithstanding any other amendment intended to be proposed by other non-covered entities under this Act by provision of this Act, effective in the first calendar year following any termination of him to the bill S. 3036, to direct the Ad- an across-the-board adjustment so as to en- sure that the total percentage of emission al- the international reserve allowance pro- ministrator of the Environmental Pro- gram, as described in subsection (c), and con- lowances allocated under this Act equals 100 tection Agency to establish a program tinuing through 2050, the Administrator percent. to decrease emissions of greenhouse shall establish a program to distribute a quantity of emission allowances established gases, and for other purposes; which SA 4947. Mr. LEVIN submitted an was ordered to lie on the table; as fol- pursuant to section 201(a) to each entity that amendment intended to be proposed by was an affected domestic producer of com- lows: him to the bill S. 3036, to direct the Ad- petitive goods during the last year of oper- On page 489, between lines 3 and 4, insert ministrator of the Environmental Pro- ation of the international reserve allowance the following: tection Agency to establish a program program. The quantity of emission allow- (c) AUTHORITY TO ESTABLISH STANDARDS ances distributed to each such entity shall FOR MOBILE SOURCES.—Nothing in this Act to decrease emissions of greenhouse gases, and for other purposes; which be sufficient to offset any additional costs confers on the Federal Government or any arising out of the requirements of this Act State government any authority to establish was ordered to lie on the table; as fol- (other than costs arising out of any obliga- any form of standard, limitation, prohibi- lows: tion terminated pursuant to subsection (d)) tion, or cap relating to greenhouse gas emis- On page 423, after line 25, insert the fol- in the production of an affected domestic sions for mobile sources. lowing: product, including costs arising from the purchase of electricity or from allowance re- Mr. LEVIN submitted an SEC. 1308. RESPONSE TO CERTAIN ACTIONS ARIS- SA 4946. ING OUT OF WORLD TRADE ORGANI- quirements imposed upon the producers of amendment intended to be proposed by ZATION PROCEEDINGS. inputs used to produce an affected domestic him to the bill S. 3036, to direct the Ad- (a) IN GENERAL.—The United States Trade product. ministrator of the Environmental Pro- Representative shall provide timely notice (f) REGULATIONS.—Following publication of tection Agency to establish a program to Congress, through the Chairman and notice of any termination of the inter- national reserve allowance program, as de- to decrease emissions of greenhouse Ranking Members of the Committee on En- vironment and Public Works of the Senate scribed in subsection (c), the Administrator gases, and for other purposes; which shall promulgate such regulations as the Ad- was ordered to lie on the table; as fol- and the Committee on Energy and Commerce of the House of Representatives, of pro- ministrator determines to be necessary to lows: ceedings before the World Trade Organiza- implement the requirements of this section. (g) DEFINITIONS.—For purposes of this title: On page 192, strike line 20 and insert the tion challenging the consistency of any as- (1) AFFECTED DOMESTIC PRODUCERS OF COM- following: pect of this subtitle with respect to inter- PETITIVE GOODS.—The term ‘‘affected domes- generators in the United States, and an addi- national agreements to which the United tic producers of competitive goods’’ means tional quantity to fossil fuel-fired electricity States is a party. The notice shall include— any manufacturing entity in the United generators that sell electricity at a price (1) the commencement of any such pro- States that makes products like or directly regulated by a State entity, or rural electric ceeding; competitive with any product treated as a cooperatives. (2) any decision by a dispute settlement covered good. On page 193, strike the table before line l panel or body with respect to such a pro- (2) AFFECTED DOMESTIC PRODUCT.—The ceeding; and insert the following: term ‘‘affected domestic product’’ means a (3) the status of any implementation pe- product produced by any manufacturing en- riod provided for the United States to bring Percentage tity in the United States that is like or di- a measure into conformity with the rec- for dis- rectly competitive with any product treated ommendations or rulings of the Dispute Set- Percentage tribution as a covered good. for distribu- among fos- tlement Body of the World Trade Organiza- sil fuel- tion and arising out of any such a pro- tion among fired elec- SA 4948. Mr. LEVIN submitted an fossil fuel- ceeding, as well as the timetables associated amendment intended to be proposed by tricity with any such implementation period; Calendar year fired elec- generators him to the bill S. 3036, to direct the Ad- tricity gen- (4) authorization of any foreign country to in the ministrator of the Environmental Pro- erators in United engage in retaliatory actions in response to the United the failure of the United States to imple- tection Agency to establish a program States States with regu- ment any recommendation or ruling of the to decrease emissions of greenhouse lated Dispute Settlement Body of the World Trade gases, and for other purposes; which prices Organization; and was ordered to lie on the table; as fol- (5) the commencement of retaliatory ac- lows: 2012 ...... 18 1 tions by any foreign country against prod- On page 481, strike line 14 and insert the 2013 ...... 18 1 ucts of the United States arising out of any 2014 ...... 18 1 following: such proceeding. (b) PRESIDENTIAL DETERMINATION OF ECO- 2015 ...... 18 1 (b) NOTICE TO ADMINISTRATOR.—The United NOMIC SECURITY EMERGENCY.—For purposes 2016 ...... 17 .75 1 States Trade Representative shall provide of this section, the President shall determine 2017 ...... 17 .5 1 notice to the Administrator of the Environ- that an economic security emergency exists 2018 ...... 17 .25 1 mental Protection Agency of any retaliatory in any situation in which the price charged 2019 ...... 16.25 2 action by a foreign country pursuant to au- for an emission allowance under this Act is 2020 ...... 15 3 thorization by the Dispute Settlement Body prohibitively expensive, as determined by 2021 ...... 13 .5 3 of the World Trade Organization and in re- the Board, by regulation. 2022 ...... 11 .25 4 sponse to a finding that the United States (c) CONSULTATION.—In making an emer- 2023 ...... 10 .25 5 has failed to implement any recommenda- gency dec- 2024 ...... 9 6 tion or ruling of the Dispute Settlement On page 482, strike lines 2 through 4 and in- 2025 ...... 8.75 6 Body relating to a proceeding described in sert the following: 2026 ...... 5 .75 7 subsection (a). After making an emergency declaration 2027 ...... 4.5 8 (c) SUSPENSION OF RESERVE ALLOWANCE.— under section 1711— 2028 ...... 4.25 8 Upon receipt of any notification described in (1) the President shall declare, by procla- 2029 ...... 3 9 subsection (b), the Administrator shall sus- mation, each action required to minimize 2030 ...... 2.75 9. pend application of the international reserve the emergency; and allowance program established under section (2) if the emergency declaration was made On page 196, between lines 14 and 15, insert 1306 and shall promptly publish notification as a result of an economic security emer- the following: of the termination of the program. gency, all compliance obligations under title

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Ms. STABENOW (for herself, (A) issued under a State or regional green- lowed by fallowing; Mr. CRAPO, Mr. BROWNBACK, Mr. house gas regulatory program; or (III) conversion of cropland to rangeland or SALAZAR, Mrs. DOLE, Mr. JOHNSON, Mr. (B) are registered under or meet the stand- grassland, on the condition that the land has CONRAD, Ms. KLOBUCHAR, and Mr. WAR- ards of— been in nonforest use for at least 10 years be- (i) the Climate Registry; fore the date of initiation of the project; NER) submitted an amendment in- (ii) the California Climate Action Registry; (IV) reduction of nitrogen fertilizer use or tended to be proposed by her to the bill (iii) the Climate Action Reserve; increase in nitrogen use efficiency; S. 3036, to direct the Administrator of (iv) the GHG Registry; (V) reduction in the frequency and dura- the Environmental Protection Agency (v) the Chicago Climate Exchange; tion on flooding of rice paddies; to establish a program to decrease (vi) the GHG Clean Projects Registry; or (VI) reduction in carbon emissions from or- emissions of greenhouse gases, and for (vii) any other Federal or private reporting ganic soils; other purposes; which was ordered to program. (VII) reduction in greenhouse gas emis- lie on the table; as follows: (2) NONAPPLICABILITY.—This subsection sions from manure and effluent; and shall not apply to offset allowances that (VIII) reduction in greenhouse gas emis- On page 26, strike lines 23 through 25 and have expired or been retired or canceled sions due to changes in animal management insert the following: under a program described in paragraph (1). practices, including dietary modifications; (B) EXCLUSIONS.—The term ‘‘manufacture’’ (f) REQUIREMENTS.—The regulations pro- (ii) changes in carbon stocks attributed to does not include— mulgated pursuant to subsection (a) shall— land use change and forestry activities, in- (i) the creation of a greenhouse gas (1) authorize the issuance and certification cluding— through anaerobic decomposition; or of offset allowances for greenhouse gas emis- (I) afforestation or reforestation of acreage (ii) the creation of a greenhouse gas from sion reductions, destruction, or avoidance, or not forested as of October 18, 2007; and manure or enteric fermentation. increases in sequestration relative to the off- (II) forest management resulting in an in- On page 28, line 4, insert ‘‘, destroys, or set project baseline; for offset projects ap- crease in forest carbon stores; avoids’’ after ‘‘reduces’’. On page 28, line 6, strike ‘‘from sources or proved pursuant to section 304 in categories (III) management of peatland or wetland; sinks’’. on the list issued under section 303; and On page 28, between lines 8 and 9, insert (2) ensure that those offsets represent real, (IV) conservation of grassland and forested the following: enforceable, verifiable, additional, and per- land; manent reductions in greenhouse gas emis- (iii) manure management and disposal, in- (ll) OFFSET PROJECT REPRESENTATIVE.— The term ‘‘offset project representative’’ sions or increases in sequestration; cluding— means an individual or entity designated as (3) require that the offset project rep- (I) waste aeration; and an offset project representative in a petition resentative for an offset project establish the (II) biogas capture and combustion; and for an offset project submitted under section project baseline and register emission reduc- (iv) any combination of any of the offset 304. tions with the offset Registry; project types described in this subparagraph. Beginning on page 77, strike line 9 and all (4) specify the types of offset projects eligi- (B) ADDITIONS TO THE LIST OF ELIGIBLE AG- that follows through page 121, line 15, and in- ble to generate offset allowances, in accord- RICULTURAL AND FORESTRY OFFSET PROJECT sert the following: ance with section 303; TYPES.— (5) establish procedures to monitor, quan- (i) IN GENERAL.—Not later than 2 years SEC. 302. ESTABLISHMENT OF A DOMESTIC OFF- SET PROGRAM. tify, and discount reductions in greenhouse after the date of enactment of this Act and gas emissions or increases in biological se- every 2 years thereafter, the Secretary of (a) REGULATIONS.—Not later than 2 years after the date of enactment of this Act, the questration, in accordance with section 303; Agriculture, in consultation with the Admin- Administrator and the Secretary of Agri- (6) establish procedures for project initi- istrator, after public notice and opportunity culture shall promulgate regulations author- ation and approval, in accordance with sec- for comment, shall add types of offset izing the certification and issuance of offset tion 304; projects to the list provided under subpara- allowances in accordance with this subtitle (7) establish procedures for third-party graph (A) if those types of projects meet (b) USE.—The regulations under subsection verification, registration, and issuance of standards for environmental integrity that (a) shall provide that, beginning with cal- offset allowances, in accordance with section are consistent with the purposes of this Act. endar year 2012, owners and operators of cov- 305; (ii) ADDITIONAL TYPES.—The Secretary of ered entities may satisfy the allowance sub- (8) ensure permanence of offsets by miti- Agriculture, in consultation with the Admin- mission requirements of the owners and op- gating and compensating for reversals, in ac- istrator, shall also consider petitions to add erators under section 202 for each calendar cordance with section 306; and types of offset projects to the list provided year by submitting a carbon dioxide equiva- (9) assign a unique serial number to each under subparagraph (A) if those types of lent quantity of domestic offset allowances offset allowance issued under this section. projects meet standards for environmental of up to 1,000,000,000 tons. (g) OFFSET ALLOWANCES REWARDED.—The integrity consistent with the purposes of (c) CARRYOVER.—If the carbon dioxide Administrator shall issue to the offset this Act. equivalent quantity of domestic offset allow- project representative offset allowances for (c) LIST OF OTHER ELIGIBLE OFFSET ances submitted for a calendar year pursuant qualifying emission reductions, destruction, PROJECT TYPES.— to this subtitle is less than 1,000,000,000 tons, or avoidance and biological sequestrations (1) TYPES.—The Administrator shall main- notwithstanding subsection (b), the carbon from an offset project that satisfies the ap- tain a list of types of offset projects not re- dioxide equivalent quantity of domestic off- plicable requirements of this subtitle. lated to agriculture and forestry that are eli- set allowances that may be submitted by (h) TRANSFERABILITY.—An offset allowance gible to generate offset allowances under covered entities under this subtitle for the generated pursuant to this subtitle may be this subtitle, which list shall include— subsequent calendar year shall not exceed sold, traded, or transferred, on the condition (A) the capture or reduction of fugitive the sum of— that the offset allowance has not expired or greenhouse gas emissions for which no cov- (1) 1,000,000,000 tons; and been retired or canceled. ered facility is required under section 202(a) (2) the difference between— SEC. 303. ELIGIBLE OFFSET PROJECT TYPES. to submit any emission allowances, offset al- (A) 1,000,000,000 tons; and (a) IN GENERAL.—An offset allowance from lowances, or international emission allow- (B) the carbon dioxide equivalent tons of agricultural, forestry, or other land use-re- ances; offset allowances and emission allowances lated projects shall be provided only for (B) methane capture or combustion at non- submitted by covered entities for the pre- achieving an offset of 1 or more greenhouse agricultural facilities, including landfills, ceding calendar year under this subtitle. gases by a method other than a reduction of waste-to-energy facilities, and coal mines; (d) REDUCTION.—Beginning in calendar year combustion of greenhouse gas-emitting fuel. (C) reduction, destruction, or avoidance of 2030, the Administrator may reduce the (b) TYPES OF ELIGIBLE OFFSET PROJECTS.— sulfur hexafluoride emissions from sources of quantity of tons of carbon dioxide equiva- (1) LIST OF ELIGIBLE AGRICULTURAL AND the emissions, including electrical trans- lents available for offsets under this section FORESTRY OFFSET PROJECT TYPES.— formation and distribution equipment; except that the quantity may not be reduced (A) TYPES.—The Secretary of Agriculture, (D) the capture and geological sequestra- to less than 85 percent of the quantity of in consultation with the Administrator, tion of greenhouse gas emissions that would tons specified in subsection (b). shall maintain a list of types of agricultural not otherwise have been covered under the (e) EXCHANGE FOR OFFSETS FROM STATE and forestry offset projects eligible to gen- limitation on the emission of greenhouse AND REGIONAL REGULATORY PROGRAMS.— erate offset allowances under this subtitle, gases under this Act; (1) IN GENERAL.—Except as provided in which list shall include— (E) any other category proposed to the Ad- paragraph (2), the Administrator shall issue (i) agricultural, grassland, and rangeland ministrator by petition; and offset allowances for projects that address sequestration and management practices, in- (F) any combination of any of the offset emissions of greenhouse gas that would oth- cluding— project types described in this paragraph.

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(2) ADDITIONS TO THE LIST OF ELIGIBLE OFF- (i) a procedure for determining that the issued under paragraph (1)(B), after public SET PROJECTS NOT RELATED TO AGRICULTURE emission reductions, destruction, avoidance, notice and opportunity for comment, no AND FORESTRY.— or sequestrations from an offset project are more than once every 10 years. (A) IN GENERAL.—Not later than 2 years not double-counted under any other pro- (4) PROJECT CONFORMITY.— after the date of enactment of this Act and gram; (A) IN GENERAL.—If an offset project is ap- every 2 years thereafter, the Administrator, (ii) a procedure for delineating the bound- proved pursuant to section 304 under a meth- after public notice and opportunity for com- aries of an offset project and determining the odology that subsequently is revised under ment, shall add types of offset projects to extent, if any, of emissions leakage from the paragraph (3), the project shall remain sub- the list provided under paragraph (1) if those offset project, based on scientifically sound ject to the prior methodology for the dura- types of projects meet standards for environ- methods, as determined by the Adminis- tion of the crediting period of the project mental integrity that are consistent with trator, in consultation with the Secretary of pursuant to section 305(b). the purposes of this Act. Agriculture for agricultural and forestry off- (B) NEW CREDITING PERIOD.—An offset (B) ADDITIONAL TYPES.—The Administrator set projects; project described in subparagraph (A) may shall also consider petitions to add types of (iii) a description of scientifically sound not be approved for a new crediting period offset projects to the list provided under sub- methods, as determined by the Adminis- unless the offset project representative dem- paragraph (A) if those types of projects meet trator, in consultation with the Secretary of onstrates to the Administrator that the off- standards for environmental integrity con- Agriculture for agricultural and forestry off- set project is in conformity with a method- sistent with the purposes of this Act. set projects, for use in monitoring, meas- ology that is in effect as of the date on which (d) ADOPTION OF COMMON PROCEDURES.— uring, and quantifying changes in emissions the petition for the offset project is filed. (1) IN GENERAL.—The program established or sequestrations resulting from an offset (f) TECHNOLOGIES.— under this section shall include the use of a project, including— (1) IN GENERAL.—The Administrator, in separate set of procedures for rapidly approv- (I) a method for use in quantifying the un- consultation with the Secretary of Agri- ing and issuing allowances to types of certainty in those measurements; and culture for agricultural and forestry offset projects listed under subsection (b) or (c), to (II) a description of site-specific data that projects, may issue, after notice and com- the maximum extent practicable, if the Ad- will be used in that monitoring, measure- ment, a list of technologies and associated ministrator and the Secretary of Agriculture ment, and quantification; performance benchmarks the achievement of for types of agricultural and forestry offset (iv) a procedure for use in establishing the which the Administrator has determined projects, determines that— baseline for an offset project that ensures shall be considered to be additional in spe- (A) there are broadly accepted standards or that offset allowances will be issued only for cific project applications. methodologies for quantifying and verifying emission reduction, destruction, avoidance, (2) PERIOD OF VALIDITY.—A determination the long-term greenhouse gas emission and or sequestrations that are additional; of the Administrator with respect to para- mitigation benefits of the projects; and (v)(I) a threshold of uncertainty in the graph (1) shall be valid for not more than 10 (B) the procedures meet the requirements quantification of emission reductions, de- years after the date of the determination. of this subtitle. struction, avoidance, or sequestrations and (g) METHODOLOGY TESTING.—The Adminis- (2) CATEGORIES OF PROJECTS.—The proce- for baseline emission levels above which an trator and the Secretary of Agriculture may dures described in paragraph (1) shall apply offset project shall not be eligible to receive not issue a methodology under this section to— offset allowances; and until the Administrator or the Secretary of (A) methane capture and combustion at (II) a procedure by which an offset project Agriculture, as applicable, determines that— nonagricultural facilities, including landfills representative may petition for different un- (1) the methodology has been tested by 3 and coal mines; certainty factors if the offset project rep- independent expert teams on at least 3 dif- (B) manure management and disposal, in- resentative demonstrates to the Adminis- ferent offset projects to which that method- cluding waste aeration and biogas capture trator, in consultation with the Secretary of ology would apply; and and combustion; Agriculture for agricultural and forestry off- (2) the emission reductions, destruction, (C) reduction of sulfur hexafluoride emis- set projects, that the measurement methods avoidance, or sequestrations estimated by sions from sources of the emissions, includ- used by the offset project have less uncer- the expert teams for the same offset project ing electrical transformation and distribu- tainty than assumed under the default meth- tion equipment; odology; do not differ by more than 10 percent. (D) such other categories of projects as the (vi) clear and objective tests specified by SEC. 304. PROJECT INITIATION AND APPROVAL. Administrator, in consultation with the Sec- the Administrator, in consultation with the (a) PROJECT APPROVAL.—An offset project retary of Agriculture for types of agricul- Secretary of Agriculture for agricultural and representative— tural and forestry offset projects, may speci- forestry offset projects, that are sufficient to (1) may submit a petition for offset project fy by regulation, subject to public notice and ensure that an offset project— approval at any time following the effective comment; and (I) will be eligible to generate offset allow- date of regulations promulgated under sec- (E) afforestation or reforestation of acre- ances only if, in the judgment of the Admin- tion 302; but age not forested as of October 18, 2007, if the istrator and the Secretary of Agriculture, (2) may not use or distribute offset allow- afforestation or reforestation uses native the project is additional; and ances until such approval is received and plant species. (II) is not required by existing government until after the emission reduction, destruc- (e) REQUIREMENTS FOR OFFSET METHODOLO- regulations, as determined by the Adminis- tion, avoidance, or sequestrations supporting GIES.— trator and the Secretary of Agriculture; the offset allowances have actually occurred. (1) ISSUANCE.—Not later than three 2 years (vii) a procedure to estimate leakage and (b) PETITION PROCESS.—A project petition after the date of enactment of this Act, after ensure that the issuance of offset allowances shall consist of— public notice and opportunity for comment— is reduced an amount equivalent to the (1) a copy of the monitoring and quan- (A) the Secretary of Agriculture shall issue quantity of that leakage; tification plan prepared for the offset a methodology for each category listed pur- (viii) a procedure for use in— project, as described in subsection (d); suant to subsection (b); and (I) determining whether the quantity of (2) in the case of an offset project involving (B) the Administrator shall issue a meth- carbon sequestered on or in land where a biological sequestration, a greenhouse gas odology for each category listed pursuant to project is carried out was significantly initiation certification, as described under subsection (c). changed during the 10-year period prior to subsection (f); (2) SPECIFIC REQUIREMENTS.—The method- initiation of the project; and (3) a designation of the individual or entity ology for each category issued under para- (II) excluding the offset project from re- that shall be the offset project representa- graph (1) shall— ceiving allowances under this subtitle, or ad- tive for the offset project; (A) specify requirements for— justing the baseline of the offset project ac- (4) a monitoring and quantification plan (i) determining additional emission reduc- cordingly; and from a third party verifier; and tions, destruction, avoidance, or sequestra- (ix) a protocol for use in reporting emis- (5) subject to this subtitle, any other infor- tions from a project; sions reductions, destruction, avoidance, or mation identified by the Administrator in (ii) accounting for emission leakage associ- sequestrations (and any reversals) at least the regulations promulgated under section ated with an offset project; annually for the duration of the crediting pe- 302 as being necessary to meet the objectives (iii) accounting for a reversal, and man- riod of the offset project pursuant to section of this subtitle. aging for the risk of reversal, from an offset 305(b). (c) APPROVAL AND NOTIFICATION.— project involving biological sequestration; (3) REVISION.— (1) IN GENERAL.—Not later than 120 days and (A) REVISION BY THE SECRETARY OF AGRI- after the date on which the Administrator (iv) monitoring, verifying, and reporting CULTURE.—The Secretary of Agriculture receives a complete petition under sub- the operation of an offset project; shall revise each methodology issued under section (b), the Administrator, in conjunc- (B) in the case of an agricultural and for- paragraph (1)(A), after public notice and op- tion with the Secretary of Agriculture, estry offset project, take into account meth- portunity for comment, not more once than shall— odologies developed under section 1245 of the every 10 years. (A) determine whether the monitoring and Food Security Act of 1985; (B) REVISION BY THE ADMINISTRATOR.—The quantification plan satisfies the applicable (C) include— Administrator shall revise each methodology requirements of this subtitle;

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00181 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.156 S05JNPT1 smartinez on PROD1PC64 with SENATE S5308 CONGRESSIONAL RECORD — SENATE June 5, 2008 (B) determine whether any greenhouse gas toring and quantification plan are sufficient gas fluxes or carbon stocks shall, for each initiation certification indicates a signifi- for the analysis required by the certified project type, include applicable— cant deviation in accordance with subsection methodology; (A) statistically-sound field and remote (f)(3); and (B) any errors, omissions, or disagreements sensing sampling methods, procedures, tech- (C) notify the offset project representative with the quantification plan; niques, protocols, or programs; of the determinations under subparagraphs (C) any net emission reductions or in- (B) models, factors, equations, or look-up (A) and (B). creases in sequestration; tables; (2) APPEAL.—The Administrator shall es- (D) any determination of additionality; (C) guidelines established pursuant to sec- tablish mechanisms for appeal and review of (E) any calculation of leakage; tion 1605(b) of the Energy Policy Act of 1992 determinations made under this subsection. (F) any assessment of reversal risk and re- (42 U.S.C. 13385(b)) for use in the quantifica- (d) MONITORING AND QUANTIFICATION.— quired set-aside; tion of forestry and agriculture offsets; and (1) IN GENERAL.—An offset project rep- (G) if it is a sequestration project, whether (D) in the case of an agricultural and for- resentative shall make use of the standard- the land use information is sufficient to estry offset project, certified protocols for ized tools and methods described in this sec- track past land use for the required 10 year- technologies, instruments, and methods to tion to monitor, quantify, and discount re- period and if there is a significant deviation use in the measurement, monitoring, and ductions, destruction, or avoidance in green- under subsection (f)(3); verification of emission reductions and in- house gas emissions or increases in seques- (H) any potential conflicts of interests be- creased sequestration, that shall— tration. tween a verifier and project developer; and (i) be developed and updated (by regula- (2) MONITORING AND QUANTIFICATION PLAN.— (I) any other provision that the Adminis- tion) by the Secretary of Agriculture in con- A monitoring and quantification plan shall trator considers to be necessary to achieve junction with the Consortium for Agricul- be used to monitor, quantify, and discount the purpose of this subtitle. tural Soil Mitigation of Greenhouse Gases; reductions, destruction, or avoidance of (f) GREENHOUSE GAS INITIATION CERTIFI- (ii) includes scientifically-based deter- greenhouse gas emissions or increases in se- CATION.— mination of the uncertainty value to be as- questration as described by this subsection. (1) IN GENERAL.—In reviewing a petition signed to the use of that technology, instru- (3) PLAN COMPLETION AND RETENTION.—A submitted under subsection (b), the Adminis- ment, or method; and monitoring and quantification plan shall trator, in conjunction with the Secretary of (iii) be used by the Secretary of Agri- be— Agriculture, shall seek to exclude each ac- culture to meet the requirements of section (A) completed for all offset projects prior 303(e)(2)(C)(iii)(I) and subsection (i) of this to offset project initiation; and tivity that undermines the integrity of the section; and (B) retained by the offset project rep- offset program established under this sub- (E) any other process or tool considered to resentative for the duration of the offset title, such as the conversion or clearing of be acceptable by the Administrator, in con- project. land, or marked change in management re- gime, in anticipation of offset project initi- sultation with the Secretary of Agriculture (4) PLAN REQUIREMENTS.—Subject to sec- for agricultural and forestry offset projects. tion 302, the Administrator and the Sec- ation. retary of Agriculture shall specify the re- (2) GREENHOUSE GAS INITIATION CERTIFI- (h) DEVELOPMENT OF ACCOUNTING AND DIS- quired components of a monitoring and CATION REQUIREMENTS.—A greenhouse gas COUNTING METHODS.— quantification plan, including— initiation certification developed under this (1) IN GENERAL.—The Secretary of Agri- (A) a description of the offset project, in- subtitle shall include— culture shall— cluding project type; (A) in the case of an agricultural project— (A) develop standardized methods for use (B) a determination of accounting periods; (i) the estimated greenhouse gas flux or in accounting for additionality and uncer- (C) an assignment of reporting responsi- carbon stock for the offset project for each of tainty, estimating the baseline, and dis- bility to the offset project representative; the 4 complete calendar years preceding the counting for leakage for each offset project (D) the contents and timing of public re- effective date of the regulations promulgated type listed under sections 303(b) and (c); and ports, including summaries of the original under section 302; and (B) require that leakage be subtracted data, as well as the results of any analyses; (ii) the estimated greenhouse gas flux or from reductions, destruction, avoidance in (E) a delineation of project boundaries, carbon stock for the offset project, averaged greenhouse gas emissions or increases in se- based on acceptable methods and formats; across each of the 4 calendar years preceding questration attributable to a project. (F) a description of which of the moni- the effective date of the regulations promul- (2) ADDITIONALITY DETERMINATION AND toring and quantification tools developed gated under section 302. BASELINE ESTIMATION.—The standardized under subsection (g) are to be used to mon- (B) in the case of a forestland project, a methods used to determine additionality and itor and quantify changes in greenhouse gas procedure for use in determining whether the establish baselines shall, for each project fluxes or carbon stocks associated with a quantity of carbon sequestered on or in land, type, at a minimum— project; if a project was carried out, significantly (A) in the case of a biological sequestration (G) a description of which of the standard- changed during the 10-year period prior to project or agricultural emission reduction ized methods developed under subsection (h) initiation of the project. project, determine the greenhouse gas flux or to be used to determine additionality, esti- (3) DETERMINATION OF SIGNIFICANT DEVI- enhanced carbon stock on the basis of simi- mate the baseline carbon, and discount for ATION.—Based on standards developed by the larity for— leakage; Secretary of Agriculture and the Adminis- (i) a specific time period; and (H) what site-specific data, if any, will be trator— (ii) a specific geographic area; and used in monitoring and quantification; (A) each greenhouse gas initiation certifi- (B) in the case of a nonbiological seques- (I) a description of procedures for use in cation submitted pursuant to this section tration project or emission reduction managing and storing data, including qual- shall be reviewed; and project, specify a selected time period. ity-control standards and methods, such as (B) a determination shall be made as to (3) LEAKAGE.—The standardized methods redundancy in case record are lost; whether, as a result of activities or behavior used to determine and discount for leakage (J) subject to the requirements of this sub- inconsistent with the purposes of this title, a shall, at a minimum, take into consider- title, any other information identified by the significant deviation exists between the av- ation— Administrator and the Secretary of Agri- erage annual greenhouse gas flux or carbon (A) the scope of the offset system in terms culture as being necessary to meet the objec- stock and the greenhouse gas flux or carbon of activities and geography covered; tives of this subtitle; and stock for a given year. (B) the markets relevant to the offset (K) in the case of an offset project involv- (4) ADJUSTMENT FOR PROJECTS WITH SIGNIFI- project; ing biological sequestration, a description of CANT DEVIATION.—In the case of a significant (C) in the case of offset projects not involv- the risk of reversals for the project, includ- deviation, the Administrator, in conjunction ing sequestration, emission intensity per ing any way in which the proposed project with the Secretary of Agriculture, shall ad- unit of production, both inside and outside of may alter the risk of reversal for the project just the number of allowances awarded in the offset project; and or other projects in the area. order to account for the deviation. (D) a time period sufficient in length to (e) THIRD PARTY VALIDATION OF MONI- (g) DEVELOPMENT OF MONITORING AND yield a stable leakage rate. TORING AND QUANTIFICATION PLAN.— QUANTIFICATION TOOLS FOR OFFSET (i) UNCERTAINTY FOR AGRICULTURAL AND (1) OFFSET VALIDATION.—A validation re- PROJECTS.— FORESTRY PROJECTS.— port for an offset project shall be completed (1) IN GENERAL.—Subject to section 302, the (1) IN GENERAL.—The Secretary of Agri- by a verifier accredited in accordance with Administrator and the Secretary of Agri- culture shall develop standardized methods section 305(c)(3). culture for agricultural and forestry offset for use in determining and discounting for (2) SCOPE OF VALIDATION.—The Adminis- projects, shall develop standardized tools for uncertainty, if appropriate, for offset project trator, in conjunction with the Secretary of use in the monitoring and quantification of types listed under section 303(b). Agriculture, shall specify the required com- changes in greenhouse gas fluxes or carbon (2) BASIS.—The standardized methods used ponents of a validation report, including stocks for each offset project type listed to determine and discount for uncertainty components covering— under subsections (b) and (c) of section 303. shall be based on— (A) whether the information, data, and (2) TOOL DEVELOPMENT.—The tools used to (A) the robustness and rigor of the meth- documentation contained within a moni- monitor and quantify changes in greenhouse ods used by an offset project representative

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00182 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.156 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5309 to monitor and quantify changes in green- (A) the quantity of offsets generated; offset allowances that are transferred pursu- house gas fluxes or carbon stocks; and (B) the quantity of discounts applied; ant to subsection (a)(2). (B) the robustness and rigor of methods (C) an assessment of quantitative errors or (3) STATUS OF OFFSET ALLOWANCES IN RE- used by an offset project representative to omissions (and the effect of the errors or SERVE.—Offset allowances in the offset re- determine additionality and leakage. omissions on offsets); serve may not be used to satisfy allowance (j) ACQUISITION OF NEW DATA AND REVIEW (D) any potential conflicts of interests be- submission requirements. OF METHODS FOR AGRICULTURAL AND FOR- tween a verifier and an offset project rep- (c) REVERSAL CERTIFICATION.— ESTRY PROJECTS.—The Secretary of Agri- resentative or other project developer; and (1) REQUIRED CERTIFICATION.—The offset culture, in collaboration with the Consor- (E) any other provision that the Adminis- project representative for a biological se- tium for Agricultural Soils Mitigation of trator considers to be necessary to achieve questration offset project shall be required Greenhouse Gases, shall— the purposes of this subtitle. to submit to the Administrator a reversal (1) establish a comprehensive field sam- (3) VERIFIER ACCREDITATION.— certification not later than 1 year after the pling program to improve the scientific (A) IN GENERAL.—The regulations promul- date of the approval of the project and once bases on which the standardized tools and gated pursuant to section 302 shall establish every 3 years thereafter for a period of 30 methods developed under this section are a process and requirements for accreditation years after the date of approval of the offset based; and by a third-party verifier that has no con- project. (2) review and revise the standardized tools flicts of interest. (2) REQUIREMENTS.—A reversal certifi- and methods developed under this section, (B) PUBLIC ACCESSIBILITY.—Each verifier cation submitted in accordance with this based on— meeting the requirements for accreditation subsection shall describe— (A) validation of existing methods, proto- in accordance with this paragraph shall be (A) whether any unmitigated reversal re- cols, procedures, techniques, factors, equa- listed in a publicly-accessible database, lating to the offset project has occurred dur- tions, or models; which shall be maintained and updated by ing the year preceding the year for which the (B) development of new methods, proto- the Administrator, in conjunction with the certification is submitted; cols, procedures, techniques, factors, equa- Secretary of Agriculture. (B) the quantity of each unmitigated rever- tions, or models; (d) REGISTRATION AND ISSUING OF OFF- sal; and (C) increased availability of field data or SETS.— (C) whether the unmitigated reversal was other datasets; and (1) IN GENERAL.—Not later than 90 days intentional or unintentional. (D) any other information identified by the after the date on which the Administrator (3) FAILURE TO PROVIDE CERTIFICATION.— Secretary of Agriculture that is necessary to receives a verification report required under The Administrator shall treat the failure of meet the objectives of this subtitle. an offset project representative to provide a (k) COORDINATION WITH OTHER PROVI- subsection (b), the Administrator shall, in conjunction with the Secretary of Agri- required certification pursuant to this sub- SIONS.—In determining the quantity of offset section as an intentional reversal of the en- allowances to issue to an offset project, the culture— (A) determine whether the offsets satisfy tire offset project under subsection (d)(3). Administrator, in conjunction with the Sec- (d) USE OF OFFSET ALLOWANCE RESERVE.— retary of Agriculture, shall ensure that a the applicable requirements of this subtitle; and (1) ANNUAL REVERSAL REVIEW.—The Admin- project does not receive allowances under istrator, in conjunction with the Secretary subtitle C and offset allowances for the same (B) notify the offset project developer of that determination. of Agriculture, shall determine annually ton of greenhouse gases emissions reduced, whether— destroyed, avoided, or sequestered. (2) AFFIRMATIVE DETERMINATION.—In the case of an affirmative determination under (A) any offset projects have experienced a SEC. 305. OFFSET VERIFICATION AND ISSUANCE reversal; and OF ALLOWANCES. paragraph (1), the Administrator shall— (B) reversals that have occurred were in- (a) IN GENERAL.—An offset project rep- (A) register the offset allowances in ac- tentional or unintentional, including resentative may claim offset allowances for cordance with this subtitle; and net emission reductions or increases in se- (B) issue the offset allowances to the offset through auditing of certifications provided questration annually, after accounting for project representative. pursuant to subsection (c). (2) UNINTENTIONAL REVERSALS.—If the Ad- any necessary discounts in accordance with (3) APPEAL AND REVIEW.—The Adminis- section 304, by submitting a verification re- trator shall establish mechanisms for the ap- ministrator, in conjunction with the Sec- port for any offset project to the Adminis- peal and review of determinations made retary of Agriculture, determines that an trator, in conjunction with the Secretary of under this subsection. unintentional reversal has occurred with re- Agriculture. spect to an offset project, the Administrator SEC. 306. TRACKING OF REVERSALS FOR SEQUES- shall cancel a quantity of offset allowances (b) CREDITING PERIOD.—The crediting pe- TRATION PROJECTS. riod for an approved offset project shall be— in the biological sequestration offset allow- (a) REVERSAL RISK FACTOR DETERMINA- (1) in the case of an offset project not in- ance buffer reserve corresponding to the TION.— volving afforestation or reforestation— quantity of the reversal. (1) IN GENERAL.—In approving a biological (A) a 10-year nonrenewable period; or (3) EXCESS REVERSALS.—If the quantity of a sequestration offset project pursuant to sec- (B) a 7-year period, which may be renewed reversal exceeds the quantity of allowances tion 304, the Administrator, in consultation pursuant to the procedures under section in the biological sequestration offset allow- with the Secretary of Agriculture if applica- 2404 for another 7 years not more than twice; ance buffer reserve, the offset project rep- ble, shall determine for the project the per- and resentative shall compensate the buffer re- centage probability that the project will ex- (2) in the case of an offset project involving serve by submitting a quantity of offset al- perience a reversal over at least a 30 year-pe- afforestation or reforestation, a period of 30 lowances or emissions allowances equal to years for the 1 or more components of the riod of time but not more than a 100 year-pe- the difference between— project involving afforestation or reforest- riod, taking into account insurance stand- (A) the quantity of the reversal; and ation. ards for comparable activities in the agricul- (B) the quantity of allowances in the buffer (c) OFFSET VERIFICATION.— tural or forestry industry, depending on the reserve. (1) SCOPE OF VERIFICATION.—A verification offset project type. (e) INTENTIONAL REVERSALS.—If the Admin- report for an offset project shall be— (2) APPLICATION OF THE REVERSAL RISK FAC- istrator, in conjunction with the Secretary (A) completed by a verifier accredited in TOR.—When issuing offset allowances for a of Agriculture, determines that an inten- accordance with paragraph (3); and biological sequestration offset project pursu- tional reversal has occurred with respect to (B) developed taking into consideration— ant to section 305, the Administrator shall an offset project, the Administrator shall re- (i) the information and methodology con- transfer the quantity of allowances the Ad- quire the relevant offset project representa- tained within a monitoring and quantifica- ministrator otherwise would issue to the off- tive to submit to the buffer reserve a quan- tion plan; set project representative for that calendar tity of offset allowances or emission allow- (ii) data and subsequent analysis of the off- year a quantity that is equal to the product ances equal to the quantity of the reversal. set project, including— obtained by multiplying— (f) REVIEW OF BUFFER RESERVE.— (I) quantification of net emission reduc- (A) the percentage probability determined (1) IN GENERAL.—Not later than 5 years tions, destruction, or avoidance, or increases for the project pursuant to paragraph (1); after date of enactment of this Act and every in sequestration; and 5 years thereafter, the Administrator shall (II) calculation of leakage; and (B) the quantity of allowances issued for assess the adequacy of the content of offset (III) identification of any reversals; the project under section 304. allowances in the buffer reserve in light of (iii) subject to the requirements of this (b) ESTABLISHMENT OF BIOLOGICAL SEQUES- the actual experience of reversals. subtitle, any other information identified by TRATION OFFSET ALLOWANCE BUFFER RE- (2) ADJUSTMENT.—On the basis of the re- the Administrator as being necessary to SERVE.— view conducted under paragraph (1), the Ad- achieve the purposes of this subtitle. (1) IN GENERAL.—Not later than 2 years ministrator may adjust the reversal risk fac- (2) VERIFICATION REPORT REQUIREMENTS.— after the date of enactment of this Act, the tor determinations implemented under sub- The Administrator, in conjunction with the Administrator shall establish a biological se- section (a). Secretary of Agriculture, shall specify the questration offset allowance buffer reserve. SEC. 307. EXAMINATIONS. required components of a verification report, (2) TRANSFER OF OFFSETS.—The Adminis- (a) REGULATIONS.—The regulations promul- including— trator shall convey to the buffer reserve the gated pursuant to section 302 shall govern

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00183 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.156 S05JNPT1 smartinez on PROD1PC64 with SENATE S5310 CONGRESSIONAL RECORD — SENATE June 5, 2008 the examination and auditing of offset allow- (1) to ensure native plant materials are Convention on Climate Change, done at New ances. given primary consideration, in accordance York on May 9, 1992; (b) REQUIREMENTS.—The governing regula- with applicable Department of Agriculture (C) the geographic distribution of offset tions described in subsection (a) shall spe- guidance for use of native plant materials; projects; cifically consider— (2) to prohibit the use of Federal- or State- (D) how the regulations can be designed to (1) principles for initiating and conducting designated noxious weeds; and promote the adoption of emissions control examinations; (3) to prohibit the use of a species listed by policies by countries that do not have man- (2) the type or scope of examinations, in- a regional or State invasive plant council datory absolute tonnage limits in place as of cluding— within the applicable region or State. the date of enactment of this Act; (A) reporting and recordkeeping; and SEC. 311. PROGRAM REVIEW. (E) how the regulations can be designed to (B) site review or visitation; Not later than 5 years after the date of en- promote international offset activities in the (3) the rights and privileges of an examined actment of this Act, and periodically there- economic interest of the United States, as party; and after, the Administrator and the Secretary evidenced by contributions to employment (4) the establishment of an appeals process. of Agriculture shall review and revise, as in the United States; and SEC. 308. TIMING AND THE PROVISION OF OFF- necessary to achieve the purposes of this (F) the benefits of ensuring that covered SET ALLOWANCES. Act, the regulations promulgated by each of entities have certainty about and access to An offset project that commences oper- the Administrator and the Secretary under international offset allowances and emission ation on or after the effective date of the this subtitle. allowances as promptly as practicable after governing rules described in section 307(a) Subtitle B—Offsets and Emission Allowances the date of enactment of this Act and an on- shall be eligible to generate offset allow- From Other Countries going basis thereafter. ances under this subtitle, and receive emis- SEC. 321. PRESIDENTIAL RULEMAKING. (g) PRESIDENTIAL REVIEW IN 2030.—During sion allowances under the program estab- (a) IN GENERAL.—Not later than 2 years calendar year 2030, the President shall sub- lished pursuant to title VII, if the offset after the date of enactment of this Act, the mit to Congress a report that— project meets the other applicable require- President, in conjunction with the Adminis- (1) analyzes the appropriateness of the ments of this subtitle. trator and the Secretary of State, shall pro- 1,000,000,000-ton limitation on use of offset SEC. 309. OFFSET REGISTRY. mulgate regulations approving the use of off- allowances and emission allowances under In addition to the requirements established set allowances and emission allowances from this subtitle; and by section 304, an offset allowance registered other countries under this subtitle. (2) provides recommendations as to wheth- under this subtitle shall be accompanied in (b) USE.—The regulations under subsection er and how to adjust the limitation. the Registry by— (a) shall provide that, beginning with cal- SEC. 322. OFFSET ALLOWANCES ORIGINATING (1) a verification report submitted pursu- endar year 2012, owners and operators of cov- FROM PROJECTS OR OTHER ACTIVI- ant to section 305(a); ered entities may satisfy the allowance sub- TIES IN OTHER COUNTRIES. (a) REGULATIONS.—Not later than 2 years (2) if the offset project involves biological mission requirements of the owners and op- after the date of enactment of this Act, the sequestration, a reversal certification sub- erators under section 202 for a calendar year President, in conjunction with the Adminis- mitted pursuant to section 306(b); and by submitting a carbon dioxide equivalent trator and the Secretary of State, shall pro- (3) subject to the requirements of this sub- quantity of offset and emission allowances of mulgate regulations establishing a system title, any other information identified by the up to 1,000,000,000 tons. for registering and issuing offset allowances Administrator, in conjunction with the Sec- (c) CARRYOVER.—If the sum of the carbon for projects or other activities that reduce, retary of Agriculture, as being necessary to dioxide equivalent quantity of offset allow- destroy, or avoid greenhouse gas emissions achieve the purposes of this subtitle. ances and emission allowances submitted for a calendar year pursuant to this subtitle is or increase sequestration of carbon dioxide SEC. 310. ENVIRONMENTAL CONSIDERATIONS. less than 1,000,000,000 tons, notwithstanding in countries other than the United States. (a) COORDINATION TO MINIMIZE NEGATIVE subsection (b), the carbon dioxide equivalent (b) REQUIREMENTS.—The regulations pro- EFFECTS.—In promulgating regulations quantity of offset allowances and emissions mulgated pursuant to subsection (a) shall en- under this subtitle, the Administrator and allowances that may be submitted by cov- sure that emission reductions represented by the Secretary of Agriculture shall act (in- ered entities under this subtitle for the sub- the allowances are real, additional, perma- cluding by rejecting projects, if necessary) to sequent calendar year shall not exceed the nent, verifiable, and enforceable. avoid or minimize, to the maximum extent sum of— (c) ENTITY CERTIFICATION.—The owner or practicable, adverse effects on human health (1) 1,000,000,000 tons; and operator of a covered entity that submits an or the environment resulting from the im- (2) the difference between— offset allowance issued pursuant to this sec- plementation of offset projects under this (A) 1,000,000,000 tons; and tion shall certify that the allowance has not subtitle. (B) the carbon dioxide equivalent quantity been retired from use in the registry of the (b) REPORT ON POSITIVE EFFECTS.—Not of offset allowances and emission allowances applicable foreign country. later than 2 years after the date of enact- submitted by covered entities for the pre- (d) EXCLUSION.—Notwithstanding any other ment of this Act, the Administrator, in con- ceding calendar year under this subtitle. provision of this Act, activities that receive junction with the Secretary of Agriculture, (d) REDUCTION.—Beginning in calendar year allowances under section 323 or 324 shall not shall submit to Congress a report detailing— 2030, the Administrator may reduce the be eligible to receive offset allowances under (1) the incentives, programs, or policies ca- quantity of tons of carbon dioxide equiva- this section. pable of fostering improvements to human lents available for offsets under this section SEC. 323. OFFSET ALLOWANCES FOR INTER- health or the environment in conjunction except that the quantity may not be reduced NATIONAL FOREST CARBON ACTIVI- with the implementation of offset projects to less than 85 percent of the quantity of TIES. under this subtitle; and tons specified in subsection (b). (a) REGULATIONS.—Not later than 2 years (2) the cost of those incentives, programs, (e) LIMITATION OF OFFSETS FROM THE CLEAN after the date of enactment of this Act, the or policies. DEVELOPMENT MECHANISM.—Notwithstanding Administrator, in consultation with the Sec- (c) COORDINATION TO ENHANCE ENVIRON- any other provision of this Act, the owner or retary of the Interior, the Secretary of MENTAL BENEFITS.—In promulgating regula- operator of a covered entity may satisfy not State, and the Secretary of Agriculture, tions under this subtitle, the Administrator more than 5 percent of the total allowance shall promulgate regulations (including and the Secretary of Agriculture, in conjunc- submission requirement of the covered enti- quality and eligibility requirements) for the tion with the Secretary of Interior, shall— ty under section 202 for a calendar year by use of offset allowances for international for- (1) act to enhance and increase the adapt- submitting offset allowances from projects est carbon activities. ive capability of natural systems and resil- or other activities registered under the Clean (b) QUALITY AND ELIGIBILITY REQUIRE- ience of those systems to climate change, in- Development Mechanism of the United Na- MENTS.—The regulations promulgated pursu- cluding through the support of biodiversity, tions Framework Convention on Climate ant to subsection (a) shall require that, in native species, and land management prac- Change, done at New York on May 9, 1992. order to be approved for use under this sec- tices that foster natural ecosystem condi- (f) OTHER REQUIREMENTS.—The regulations tion, offset allowances for an international tions; and promulgated under this subtitle shall— forest carbon activity shall meet such qual- (2) coordinate actions taken under this (1) ensure the development and continued ity and eligibility requirements as the Ad- paragraph, to the maximum extent prac- health of a robust market for domestic off- ministrator may establish, including a re- ticable, with existing programs that have sets; and quirement that— overlapping outcomes to maximize environ- (2) take into consideration— (1) the activity shall be designed, carried mental benefits. (A) protocols adopted in accordance with out, and managed— (d) USE OF NATIVE PLANT SPECIES IN OFF- the United Nations Framework Convention (A) in accordance with widely-accepted, SET PROJECTS.—Not later than 18 months on Climate Change, done at New York on environmentally sustainable forestry prac- after the date of enactment of this Act, the May 9, 1992, including the Clean Develop- tices; Secretary of Agriculture shall promulgate ment Mechanism established under that Con- (B) to promote native species and con- regulations for the selection, use, and stor- vention; servation or restoration of native forests, if age of native and nonnative plant mate- (B) the continuing international negotia- practicable, and to avoid the introduction of rials— tions under the United Nations Framework invasive nonnative species;

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00184 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.157 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5311 (C) in a manner that is supportive of the gate, generates greenhouse gas emissions ac- Subtitle C—Agriculture and Forestry internationally-recognized rights of indige- counting for more than 0.5 percent of global Program in the United States nous and other forest-dependent people liv- greenhouse gas emissions has not capped SEC. 331. ALLOCATION. ing in the affected areas; and those emissions, established an emissions Not later than 330 days before the begin- (D) in a manner that enhances the capa- reference scenario based on historical data, ning of each of calendar years 2012 through bility, if consistent with the applicable laws or otherwise reduced total forest emissions 2050, the Administrator shall allocate to the in the country involved, of local commu- of that foreign country, the Administrator Secretary of Agriculture, for the program es- nities to exercise the right of free prior in- shall apply a discount to distributions of off- tablished pursuant to section 332, 5 percent formed consent regarding projects or other set allowances to that country under this of the emission allowances established pur- activities; and section. suant to section 201(a) for that calendar (2) the emission reductions or sequestra- (2) SUBSEQUENT DISCOUNT.—If, after the year. tions are real, permanent, additional, date that is 15 years after the date of enact- SEC. 332. AGRICULTURE AND FORESTRY PRO- verifiable, and enforceable, with reliable ment of this Act, the Administrator deter- GRAM. measuring and monitoring and appropriate mines that a foreign country that, in the ag- (a) IN GENERAL.—Not later than 2 years accounting for leakage. gregate, generates greenhouse gas emissions after the date of enactment of this Act, the (c) NATIONAL LEVEL ACTIVITIES.— accounting for more than 0.5 percent of glob- Secretary of Agriculture shall promulgate (1) IN GENERAL.—The Administrator, in al greenhouse gas emissions has not capped regulations establishing a program for dis- consultation with the Secretary of State, those emissions, established an emissions tributing emission allowances allocated pur- shall identify and periodically update a list reference scenario based on historical data, suant to section 331 to entities in the agri- of the names of countries that have— or otherwise reduced total forest emissions culture and forestry sectors of the United (A) demonstrated the capacity to partici- of that foreign country, the Administrator States (including entities engaged in organic pate in international forest carbon activities shall cease distributions of offset allowances farming— at a national level, including— to that country under this section. (1) as a reward for— (i) sufficient historical data on changes in (g) FACILITY CERTIFICATION.—The owner or (A) achieving reductions in greenhouse gas national forest carbon stocks; operator of a covered entity that submits an emissions from the operations of the enti- (ii) the technical capacity to monitor and offset allowance generated under this section ties; measure forest carbon fluxes with an accept- shall certify that the offset allowance has (B) achieving increases in greenhouse gas able level of uncertainty; and not been retired from use in any greenhouse sequestration on land owned or managed by (iii) the institutional capacity to reduce gas emissions registry. the entities; and emissions from deforestation and degrada- (h) MAXIMUM USE.—The regulations pro- (C) conducting pilot projects or other re- tion; mulgated pursuant to this section shall en- search regarding innovative use in meas- (B) capped greenhouse gas emissions or sure that offset allowances are not issued for uring— otherwise established a credible national sequestration or emission reductions that (i) greenhouse gas emission reductions; baseline or emission reference baseline; have been used or will be used by any other (ii) sequestration; or (C) achieved national-level reductions of country for compliance with a domestic or (iii) other benefits and associated costs of deforestation and degradation below a his- international obligation to limit or reduce the pilot projects; torical reference baseline, taking into con- greenhouse gas emissions. (2) to place in a buffer reserve pursuant to sideration the average annual deforestation (i) REVIEWS.—Not later than 3 years after section 306 or otherwise use to carry out this and degradation rates of the country during the date of enactment of this Act and every section; and a period of at least 5 years; 5 years thereafter, the Administrator, in (3) to assist with the increased costs of fer- (D) implemented an emission reduction consultation with the Secretary of State, tilizer in the United States attributed to in- program for the forest sector; and shall conduct a review of the activities un- creased costs of natural gas due to fuel (E) demonstrated those reductions using dertaken pursuant to this subtitle, including switching as a result of this Act. remote sensing technology, taking into con- the effects of the activities on indigenous (b) NEW METHODOLOGY INCUBATOR.— sideration relevant international standards. and forest-dependent peoples residing in af- fected areas. (1) IN GENERAL.—The Secretary of Agri- (2) PERIODIC REVIEW OF NATIONAL LEVEL RE- culture shall ensure that, during any 5-year DUCTIONS IN DEFORESTATION AND DEGRADA- SEC. 324. EMISSION ALLOWANCES FROM OTHER COUNTRIES WITH EMISSIONS CAPS. period, the average annual percentage of the TION.—The Administrator, in consultation quantity of emission allowances established with the Secretary of State, shall periodi- (a) RULEMAKING.—Not later than 2 years after the date of enactment of this Act, the for a calendar year that is distributed to en- cally review and update the list of the names tities under the program established under of countries included under paragraph (1). President, in conjunction with the Adminis- trator and the Secretary of State, shall pro- paragraph (2) specifically for creating meth- (3) CREDITING AND ADDITIONALITY.—A odologies, tools, and support for the develop- verified reduction in greenhouse gas emis- mulgate regulations, taking into consider- ation protocols adopted in accordance with ment and deployment of new project types sions from deforestation and forest degrada- shall be at least 0.25 percent. tion under a cap or resulting from a nation- the United Nations Framework Convention (2) SUPPORT FOR INNOVATION.— wide emissions reference scenario described on Climate Change, done at New York on (A) ACQUISITION OF NEW DATA, IMPROVEMENT in paragraph (1)(B) shall be— May 9, 1992, approving the use in the United OF METHODOLOGIES, AND DEVELOPMENT OF NEW (A) eligible for offset allowances; and States of emission allowances issued by TOOLS FOR DESIGNATED OFFSET ACTIVITY (B) considered to satisfy the additionality countries other than the United States. (b) REQUIREMENTS.—The regulations pro- TYPES.—The Secretary of Agriculture shall criterion. mulgated pursuant to subsection (a) shall re- establish a comprehensive field sampling and (d) SUBNATIONAL LEVEL ACTIVITIES.—With pilot project program to improve the sci- respect to foreign countries other than the quire that, in order to be approved for use in foreign countries described in subsection (c), the United States— entific data and calibration of standardized the Administrator— (1) an emission allowance shall have been tools and methodologies that— (1) shall recognize project-scale inter- issued by a foreign country pursuant to a (i) are used to measure greenhouse gas re- national forest carbon activities as eligible governmental program that imposes manda- ductions or sequestration and baseline for for offset allowances, subject to the quality tory absolute tonnage limits on greenhouse categories of activities not covered by an criteria for forest carbon activities described gas emissions from the foreign country, or 1 emission limitation under this Act; and in subsection (b); and or more industry sectors in that country, (ii) are likely to provide significant emis- (2) is encouraged to identify other incen- pursuant to protocols described in subsection sion reductions or sequestration. tives, including economic and market-based (a); and (B) TARGETED SUPPORT FOR DEVELOPMENT incentives, to encourage developing coun- (2) the governmental program be of com- AND DEPLOYMENT OF NEW TECHNOLOGIES.— tries with largely intact native forests to parable stringency to the program estab- (i) IN GENERAL.—The Secretary of Agri- protect those forests. lished by this Act, including comparable culture shall establish a program for devel- (e) OTHER INTERNATIONAL FOREST CARBON monitoring, compliance, and enforcement. opment and deployment of new technologies ACTIVITIES.—An international forest carbon (c) FACILITY CERTIFICATION.—The owner or and methods in greenhouse gas reductions or activity other than a reduction in deforest- operator of a covered facility that submits sequestration for activities not covered by ation or forest degradation shall be eligible an international allowance under this sub- an emission limitation under this Act. for offset allowances under this section, sub- title shall certify that the allowance has not (ii) SELECTION; FUNDING.—In carrying out ject to the eligibility requirements and qual- been retired from use in the registry of the the program under clause (i), the Secretary ity criteria for forest carbon activities de- applicable foreign country. of Agriculture shall— scribed in subsection (a) or other regulations SEC. 325. EFFECT OF SUBTITLE. (I) select activities for participation in the promulgated pursuant to this Act. Nothing in this subtitle supersedes, limits, program based on— (f) DISCOUNT.— or otherwise affects any restriction imposed (aa) the potential emission reductions or (1) INITIAL DISCOUNT.—If, after the date by Federal law (including regulations) on sequestration of the activities; and that is 10 years after the date of enactment any interaction between an entity located in (bb) a market penetration review; and of this Act, the Administrator determines the United States and an entity located in a (II) provide funding for a select number of that a foreign country that, in the aggre- foreign country. projects—

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INTERNATIONAL FOREST CARBON AC- (B) no allowances for emission reduction other barriers, prototypes, first-of-a-kind TIVITIES PROGRAM. under this section shall be awarded to coun- risk coverage, and initial market barriers; (a) ESTABLISHMENT.—Not later than 2 years tries, or entities for projects in countries, and after the date of enactment of this Act, the that meets the criteria established under (bb) under limited categories of activities Administrator, in consultation with the Sec- section 1313(c)(1)(A), as determined by the that are dependent on forward progress. retary of the Interior, the Secretary of Administrator, after the 2-year period begin- State, and the Secretary of Agriculture, (c) REQUIREMENT.—The Secretary of Agri- ning on the date the Administrator deter- shall promulgate regulations to establish culture shall distribute emission allowances mines that those criteria apply; programs or recognize existing programs under this section in a manner that ensures (C) no allowances shall be issued in a cal- under which the Administrator shall provide that entities in the program under this sec- endar year beginning more than 5 years after emission allowances allocated pursuant to tion do not receive more compensation for the date of enactment of this Act to a subsections (b) and (c) to assist developing emission reductions under this program than project or activity in a country that gen- countries in the efforts of the developing the entities would receive for the same re- erates greenhouse gas emissions accounting countries to achieve emissions reductions or ductions through an offset project under sub- for more than 1 percent of global greenhouse increased sequestration of carbon dioxide title A. gas emissions; from international forest carbon activities. (D) no allowances shall be issued in a cal- (d) COORDINATION WITH SUBTITLE A.— (b) ALLOCATION.—Not later than 330 days endar year beginning more than 10 years (1) IN GENERAL.—Subject to paragraph (2), before January 1 of each of calendar years after the date of enactment of this Act to a an individual or entity carrying out an ac- 2012 through 2050, the Administrator shall al- project or activity in a country that gen- tivity under this subtitle that also qualifies locate for distribution under this section 1 erates greenhouse gas emissions accounting as an offset project pursuant to subtitle A percent of the aggregate quantity of emis- for more than 0.5 percent of global green- may petition (pursuant to the regulations sion allowances established for the applica- house gas emissions; and under subtitle A) to receive offset allowances ble calendar year pursuant to section 201(a). (E) unless the Administrator determines (c) EARLY ACTION.—Not later than 2 years for reductions, destruction, avoidance, or se- that provision of allowances to a project or after the date of enactment of this Act, the questration of greenhouse gas emissions for activity in a country that would otherwise Administrator shall allocate for early action which the individual or entity does not re- be subject to the exclusions in subparagraph distribution for each of calendar years 2010 ceive emission allowances under this section. (C) or (D) is in the interest of building need- and 2011 not more than 10 percent of the ag- (2) NONDUPLICATION.—A project may not re- ed capacity or reducing international leak- gregate quantity of emission allowances al- ceive both allowances under this subtitle and age, allowances may be issued to the project located under subsection (b) for each of cal- offset allowances for the same ton of green- or activity subject to other criteria in this endar years 2012 through 2022. house gas emissions reduced, destroyed, subsection. avoided, or sequestered. (d) CARRYOVER.—If the sum of the emission (g) ELIGIBILITY REQUIREMENTS.— allowances for a calendar year is not allo- (1) IN GENERAL.—Not later than 2 years Beginning on page 424, strike line 4 and all cated for distribution in the calendar year, after the date of enactment of this Act, the that follows through page 438, line 2, and in- the Administrator shall carry over to the Administrator, in consultation with the Sec- sert the following: next calendar year the residual emission al- retary of the Interior, the Secretary of SEC. 1311. FINDINGS; PURPOSE. lowances. (e) ENSURING MARKET READINESS IN DEVEL- State, and the Secretary of Agriculture, (a) FINDINGS.—Congress finds that— OPING COUNTRIES.— shall promulgate regulations establishing (1) changes in land use patterns and forest (1) IN GENERAL.—The Administrator shall— eligibility requirements for the allocation of sector emissions account for approximately (A) set aside a portion of the allowances to emission allowances under this subsection 20 percent of global greenhouse gas emis- be allocated under subsections (b) and (c) for for international forest carbon activities, in- sions; the purpose of ensuring market readiness in cluding requirements that those activities (2) land conversion and deforestation are 2 forested developing countries; and shall be designed, carried out, and man- of the largest sources of greenhouse gas (B) auction those allowances with the pro- aged— emissions in the developing world, com- ceeds deposited into a market readiness ac- (A) in accordance with widely-accepted en- prising approximately 40 percent of the total count. vironmentally sustainable forestry prac- greenhouse gas emissions of the developing (2) ELIGIBILITY FOR PROCEEDS.—The regula- tices; world; tions promulgated pursuant to subsection (a) (B) to promote native species and restora- (3) with sufficient data, deforestation and shall delineate the requirements for devel- tion of native forests, if practicable, and to forest degradation rates and forest carbon oping countries to be eligible to receive pro- avoid the introduction of invasive nonnative stocks can be measured with an acceptable ceeds from the auction of emission allow- species; degree of uncertainty; ances under paragraph (1) to be used for the (C) in a manner that is supportive of the (4) encouraging reduced deforestation and preparation of a national reduced deforest- internationally-recognized rights of indige- reduced forest degradation in foreign coun- ation and forest degradation strategy (re- nous and other forest-dependent people liv- tries could— ferred to in this section as a ‘‘REDD strat- ing in the affected areas; and (A) provide critical leverage to encourage egy’’), including— (D) in a manner that enhances the capa- voluntary participation by developing coun- (A) developing a reliable estimate of the bility, if consistent with the applicable laws tries in emission limitation regimes; national forest carbon stocks and sources of in the country involved, of local commu- (B) facilitate greater overall reductions in forest emissions of the developing country; nities to exercise the right of free, prior in- greenhouse gas emissions than otherwise (B) defining the national emission ref- formed consent regarding projects or other would be practicable; and erence baseline for the developing country activities. (C) substantially benefit biodiversity, con- based on past emission rates; (2) QUALITY CRITERIA FOR INTERNATIONAL servation, and indigenous and other forest- (C) specifying options for reducing emis- FOREST CARBON ALLOCATIONS.—The regula- dependent people in developing countries; sions; and tions promulgated pursuant to paragraph (1) (5) in addition to forest carbon activities (D) implementing mechanisms that will shall include requirements intended to en- that can be readily measured, monitored, support policies, programs, and projects to sure that the international forest carbon ac- and verified through national-scale programs reduce emissions. tivity for which emission allowances are pro- and projects, there is great value in reducing (f) INCENTIVE PAYMENTS FOR LOW-COST vided under this section results in real, per- emissions and sequestering carbon through EMISSION REDUCTIONS.— manent, additional, verifiable, and enforce- forest carbon projects in countries that lack (1) IN GENERAL.—Subject to paragraph (2), able emission reductions, with reliable meas- the institutional arrangements to support the regulations promulgated pursuant to uring and monitoring and appropriate ac- national-scale accounting of forest carbon subsection (a) shall delineate the require- counting for leakage. stocks; and ments for forested developing countries or (h) PEATLAND AND OTHER NATURAL LAND (6) providing emission allowances in sup- other entities to be eligible to receive emis- THAT SEQUESTER CARBON.—The Adminis- port of activities in countries that lack fully sion allowances under subsections (b) and (c) trator may provide emission allowances developed institutions for national-scale ac- to implement the national REDD strategy of under this section for a project for storage of counting could help to build capacity in the countries or to implement low-cost emis- carbon in peatland or other natural land if those countries, sequester additional carbon, sion reduction projects in the forest sector. the Administrator determines that— and increase participation by developing (2) REQUIREMENTS.—Under the regulations (1) the peatland or other natural land is ca- countries in international climate agree- promulgated under paragraph (1)— pable of storing carbon; and ments. (A) emission allowances under this section (2) the project for storage of carbon in the (b) PURPOSE.—The purpose of this subtitle shall be awarded in a manner that favors— peatland or other natural land is capable of is to reduce greenhouse gas emissions by re- (i) achievement of the greatest quantity of meeting the quality criteria described in ducing deforestation and forest degradation carbon sequestration or emission reductions subsection (a). in foreign countries in a manner that re- for the lowest cost; and SEC. 1313. LIMITATION ON DOUBLE COUNTING. duces the costs imposed by this Act on cov- (ii) broad geographical distribution of Notwithstanding any other provision of ered entities in the United States. projects; this Act, activities that receive credit under

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00186 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.157 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5313 subtitle B of title III shall not be eligible to (A) for ongoing assessment of emerging (D) a timetable for the implementation of receive emission allowances under this sub- regulatory matters and information sharing; the new regulations to ensure that the regu- title. and lations take effect before the effective date SEC. 1314. EFFECT OF SUBTITLE. (B) to ensure regulatory coordination of of regulations governing the emission allow- Nothing in this subtitle supersedes, limits, the market. ance trading system. or otherwise affects any restriction imposed (6) The market shall establish an equitable (4) MEMORANDA OF UNDERSTANDING.—Not by Federal law (including regulations) on system for best execution of customer or- later than 270 days after the date of enact- any interaction between an entity located in ders. ment of this Act, the Administrator shall the United States and an entity located in a (7) The market shall protect investors and enter into a memorandum of understanding foreign country. the public interest. with the head of each appropriate Federal (8) To reduce the potential threats of mar- entity (including each appropriate Federal SA 4950. Mrs. FEINSTEIN (for her- ket manipulation and the concentration of entity represented by a member of the Work- self, Ms. SNOWE, Mr. WYDEN, and Ms. market power, the market shall be subject to ing Group, as applicable) relating to regu- CANTWELL) submitted an amendment position limitations or position account- latory and enforcement coordination, infor- intended to be proposed by her to the ability measures, as necessary and appro- mation sharing, and other related matters to bill S. 3036, to direct the Administrator priate. minimize duplicative or conflicting regu- latory efforts. of the Environmental Protection Agen- (b) ESTABLISHMENT.—There is established an interagency working group, to be known (5) REGULATIONS.—Not later than 270 days cy to establish a program to decrease as the ‘‘Carbon Markets Working Group’’ (re- after the date of enactment of this Act, the emissions of greenhouse gases, and for ferred to in this section as the ‘‘Working heads of other appropriate Federal entities other purposes; which was ordered to Group’’). to which the President has delegated regu- lie on the table; as follows: (c) MEMBERSHIP.—The Working Group shall latory authority under subsection (a) shall Strike section 412 and insert the following: be composed of the following members (or promulgate regulations in accordance with SEC. 412. CARBON MARKET OVERSIGHT AND REG- their designees): subsection (a). ULATION. (1) The Administrator, who shall serve as (e) AUTHORITIES.—In promulgating and im- (a) DELEGATION OF AUTHORITY BY PRESI- Chairperson of the Working Group. plementing regulations pursuant to this sec- DENT.—The President, taking into consider- (2) The Secretary of the Treasury. tion, the promulgating Federal agencies ation the recommendations of the Working (3) The Chairman of the Securities and Ex- shall have authorities equivalent to the au- Group established by subsection (b), shall change Commission. thorities of those agencies under existing delegate to members of the Working Group (4) The Chairman of the Commodity Fu- law. and the heads of other appropriate Federal tures Trading Commission. (f) ENFORCEMENT.—Regulations promul- entities the authority to promulgate regula- (5) The Chairman of the Federal Energy gated under this section shall— tions to enhance the integrity, efficiency, or- Regulatory Commission. (1) be fully enforceable and subject to such derliness, fairness, and competitiveness of (6) The Chairperson of the Board. fines and penalties as are provided under the the development and operation by the United (7) Such other Executive branch officials laws (including regulations) administered by States of any financial market for emission as may be appointed by the President. the Federal agency that promulgated the allowances, based on the following core prin- (d) DUTIES.— regulations under this section; and ciples: (1) IDENTIFICATION OF ISSUES AND APPRO- (2) for the purpose of enforcement, in ac- (1) The market shall— PRIATE ACTIVITIES.— cordance with section 1722, be considered to (A) be designed to prevent, detect, and (A) IN GENERAL.—The Working Group shall have been promulgated pursuant to this Act. remedy fraud and manipulation relating to identify— (g) ADMINISTRATION.— the trading of emission allowances and re- (i) the major issues relating to the integ- (1) INFORMATION FROM FEDERAL AGENCIES.— lated markets, which could potentially arise rity, efficiency, orderliness, fairness, and (A) IN GENERAL.—The Working Group may from many sources, including— competitiveness of the development by the secure directly from any Federal agency (i) the concentration of market power United States of any financial market for such information as the Working Group con- within the control of a limited number of in- emission allowances under the cap-and-trade siders necessary to carry out this section. dividuals or entities; and system for emission allowances established (B) PROVISION OF INFORMATION.—On request (ii) the abuse of material, nonpublic infor- under this Act; of the Chairperson of the Working Group, the mation; (ii) any relevant recommendations pro- head of the agency shall provide the informa- (B)(i) be appropriately transparent, with vided to the Working Group by Federal, tion to the Working Group. real-time reporting of quotes and trades; and State, or local governments, organizations, (2) COMPENSATION OF MEMBERS.—A member (ii) make information on price, volume, individuals, and entities; and of the Working Group who is an officer or and supply, and other important statistical (iii) the activities, such as market regula- employee of the Federal Government shall information available to the public on fair, tion, policy coordination, and contingency serve without compensation in addition to reasonable, and nondiscriminatory terms; planning, that are appropriate to carry out the compensation received for the services of (C) be subject to appropriate recordkeeping those recommendations. the member as an officer or employee of the and reporting requirements regarding trans- (B) CONSULTATION.—In identifying appro- Federal Government. actions; and priate activities under subparagraph (A)(iii), (3) ADMINISTRATOR SUPPORT.—To the ex- (D) have the confidence of Federal and the Working Group shall consult with rep- tent permitted by law and subject to the State regulators, investors, and covered enti- resentatives of, as appropriate— availability of appropriations, the Adminis- ties subject to compliance obligations under (i) various information exchanges and trator shall provide to the Working Group this Act. clearinghouses; such administrative and support services as (2) The market shall— (ii) self-regulatory entities, securities ex- are necessary to assist the Working Group in (A) function smoothly and efficiently, gen- changes, transfer agents, and clearing enti- carrying out the duties described in sub- erating prices that accurately reflect supply ties; section (d). and demand for emission allowances; (iii) participants in the emission allowance (h) EFFECT OF SECTION.—Nothing in this (B) be designed to prevent excessive specu- trading market, including covered entities; section limits or restricts any regulatory or lation that could cause sudden or unreason- (iv) State regulatory authorities; and enforcement authority of a Federal entity as able fluctuations or unwarranted changes (v) other Federal entities, including— in effect on the date of enactment of this in— (I) the Federal Reserve; and Act. (i) the price of emission allowances; or (II) the Federal Trade Commission. (i) PROHIBITIONS.— (ii) prices in related markets; and (2) STUDY.—The Working Group shall con- (1) IN GENERAL.—It shall be unlawful for (C) promote just and equitable principles duct a study of the major issues relating to any individual or entity— of trade. the regulation of the emission allowance (A) to knowingly provide to the President (3) Market transparency measures shall be trading market and other carbon markets. (or a designee) any false information relat- designed to prevent the disclosure of infor- (3) REPORT.—Not later than 270 days after ing to the price or quantity of emission al- mation the disclosure of which would be det- the date of enactment of this Act, and annu- lowances sold, purchased, transferred, rimental to the operation of an effective ally thereafter, the Working Group shall sub- banked, or borrowed by the individual or en- emission allowance market. mit to the President and Congress a report tity, with the intent to fraudulently affect (4) The market shall be subject to effective describing— data complied by the Administrator or any and comprehensive oversight, which inte- (A) the progress made by the Working other entity; grates strong enforcement mechanisms, in- Group; (B) directly or indirectly, to use in connec- cluding mechanisms for cooperation with (B) recommendations of the Working tion with the purchase or sale of an emission other national and comparable international Group regarding any regulations proposed allowance any manipulative or deceptive de- oversight regimes. pursuant to subsection (a); vice or contrivance (within the meaning of (5) There shall be an appropriate inter- (C) recommendations for additional legis- section 10(b) of the Securities and Exchange agency forum— lative action, if necessary; and Act of 1934 (15 U.S.C. 78j(b)), in contravention

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of such regulations as are promulgated to ergy savings and greenhouse gas emissions (III) EXCEPTION.—Notwithstanding sub- protect public interest or consumers; or reductions induced by a specific program, clause (I), a regulatory agency with author- (C) to cheat or defraud, or to attempt to project, or policy. ity over a local distribution entity (includ- cheat or defraud, another market partici- (2) MEASUREMENT AND VERIFICATION.—The ing a governing board of a municipally pant, client, or customer. term ‘‘measurement and verification’’ means owned or cooperatively owned local distribu- (2) REGULATIONS.—Not later than 270 days data collection, monitoring, and analysis as- tion company) may reduce the percent in after the date of enactment of this Act, the sociated with the calculation of total energy subclause (I) if the agency determines that President shall delegate the authority to savings and greenhouse gas emissions reduc- the local distribution entity is able to maxi- promulgate regulations in accordance with tions from individual sites or projects. mize cost-effective energy savings at a lower paragraph (1) to 1 or more entities rep- (b) RULES.— percentage. resented in the Working Group. (1) IN GENERAL.—The Administrator, in On page 216, line 7, strike ‘‘and’’ at the end. (3) PENALTIES.—An individual or entity consultation with States, utilities, and other On page 216, line 14, strike the period at that violates an applicable provision of para- stakeholders, shall develop and enforce uni- the end and insert ‘‘; and’’. graph (1) or a regulation promulgated pursu- form rules for impact evaluation, measure- On page 216, between lines 14 and 15, insert ant to paragraph (2) shall be subject to a fine ment, and verification of the energy savings the following: of not more than $1,000,000 or imprisonment and avoided greenhouse gas emissions of en- (D) the amount of energy saved or gen- for not more than 10 years, or both, for each ergy efficiency programs and projects. erated as a result of energy efficiency, de- such violation. (2) SCOPE.—The rules shall be used by mand response, and distributed generation (4) EFFECT OF SUBSECTION.—Nothing in this States, utilities, and other entities receiving programs supported by sales of emission al- subsection establishes any private right of allowances or allowance proceeds under this lowances, and a description of the meth- action. Act based on energy savings and greenhouse odologies used to estimate the savings. (j) AUTHORIZATION OF APPROPRIATIONS.— gas emission reductions or for use in energy On page 221, strike line 6 and insert the fol- There are authorized to be appropriated such efficiency programs or projects. lowing: sums as are necessary to carry out this sec- (c) REQUIREMENTS.— (c) USE.— tion. (1) ENFORCEABILITY, VERIFIABILITY, AND (1) IN GENERAL.—During any calendar year, ADDITIONALITY.—To the maximum extent a State shall SA 4951. Mrs. FEINSTEIN (for her- practicable, the Administrator shall develop On page 221, between lines 10 and 11, insert self, Ms. SNOWE, and Ms. COLLINS) sub- rules under subsection (b) so that the rules— the following: mitted an amendment intended to be (A) are enforceable; and (2) PRIORITY.—In carrying out this section, proposed by her to the bill S. 3036, to (B) give reasonable assurance that energy States shall give priority to assisting manu- direct the Administrator of the Envi- savings and avoided greenhouse gas emis- facturing and coal industries to improve the ronmental Protection Agency to estab- sions from measures implemented under the energy efficiency of those industries. scope of this section are verifiable and would On page 242, strike lines 1 through 6 and in- lish a program to decrease emissions of not have occurred without the allowances or sert the following: greenhouse gases, and for other pur- proceeds under this Act. (b) REGULATIONS.— poses; which was ordered to lie on the (2) ADDITIONAL CHARACTERISTICS.—To the (1) IN GENERAL.—Not later than 2 years table; as follows: maximum extent practicable, the Adminis- after the date of enactment of this Act, the Beginning on page 37, strike line 6 and all trator shall ensure that rules under sub- Administrator shall promulgate regulations that follows through page 38, line 7, and in- section (b)— establishing a system for annually scoring sert the following: (A) are complete and transparent; achievements by States in reducing green- (1) in new or renovated buildings that dem- (B) balance risk management, certainty of house gas emissions and energy use over the onstrate exemplary performance, which estimated impacts, and implementation preceding 3 years, including through State shall, at a minimum, place the energy per- costs; and policies such as climate policies, building en- formance of the building in the top 25 per- (C) provide sufficient direction relating to ergy codes, and ratepayer-funded energy effi- cent for similar new or renovated buildings methodologies and assumptions, including ciency programs. with reference to an established performance measure persistence, market transformation (2) REQUIREMENT.—Scoring under para- benchmarking metric as determined under impacts, and the extent to which the savings graph (1) shall— the regulations promulgated pursuant to would have occurred without the allowances (A) be designed to encourage State policies subsection (d); and or proceeds under this Act, to ensure reason- and programs to reduce greenhouse gas emis- (2) in retrofitted existing buildings that able uniformity among various States and sions and increase energy efficiency; and demonstrated substantial improvement in entities and consistency in results. (B) reward existing State policies and pro- the energy performance of the buildings by (3) USE OF EXISTING PROTOCOLS.—To the grams. achieving a minimum increase of 30 percent maximum extent practicable, in developing (3) CREDIT FOR LONG-TERM SAVINGS.—A sig- in energy performance as measured by the rules under subsection (b), the Administrator nificant portion of the scoring for calendar benchmarking tool of the Energy Star pro- shall consider and harmonize with existing years 2012 through 2018 shall recognize ex- gram established by section 324A of the En- domestic and international protocols. pected reductions in greenhouse gas emis- ergy Policy and Conservation Act (42 U.S.C. (d) REQUIREMENTS.—The Administrator sions and energy use in States due to adop- 6294a), or an equivalent improvement using shall promulgate the rules under subsection tion of, and compliance with, building en- an established performance benchmarking (b) not later than 2 years after the date of ergy codes. metric as determined under the regulations enactment of this Act. Beginning on page 284, strike line 16 and promulgated pursuant to subsection (d). (e) AUTHORIZATION OF APPROPRIATIONS.— all that follows through page 285, line 11, and (c) PRIORITY.—In providing grants under There are authorized to be appropriated such insert the following: this section, the Administrator shall give sums as are necessary to carry out this sec- (1) in new or renovated buildings that dem- priority to projects that result in measur- tion. onstrate exemplary performance, which able greenhouse gas reduction benefits not On page 215, between lines 9 and 10, insert shall, at a minimum, place the energy per- encompassed within the metrics of the En- the following: formance of the building in the top 25 per- ergy Star program referred to in subsection (iii) CONSUMER AND BUSINESS PROGRAMS.— cent for similar new or renovated buildings (b)(1), including at a minimum benefits such (I) IN GENERAL.—Except as otherwise pro- with reference to an established performance as location efficiency and reductions in em- vided in this clause, each local distribution benchmarking metric selected by the Cli- bodied energy of construction materials. entity, with oversight from the appropriate mate Change Technology Board; and On page 38, line 25, insert ‘‘, manufactur- State utility commission in accordance with (2) in retrofitted existing buildings that ers,’’ after ‘‘retailers’’. State law, shall use at least 30 percent of the demonstrated substantial improvement in On page 39, line 14, insert ‘‘, manufac- proceeds from the sale of emission allow- the energy performance of the buildings by turer,’’ after ‘‘retailer’’. ances to fund programs to encourage, assist, achieving a minimum increase of 30 percent On page 39, line 18, insert ‘‘, manufac- and provide incentives to consumers and in energy performance as measured by the turer,’’ after ‘‘retailer’’. businesses to improve energy efficiency and benchmarking tool of the Energy Star pro- On page 40, line 6, insert ‘‘, manufacturer,’’ reduce energy use, with an emphasis on con- gram established by section 324A of the En- after ‘‘retailer’’. sumers and businesses that are not directly ergy Policy and Conservation Act (42 U.S.C. On page 40, line 9, strike ‘‘, not to exceed receiving energy-efficiency assistance under 6294a), or an equivalent improvement using 10 years,’’. other provisions of this Act. an established performance benchmarking On page 63, between lines 7 and 8, insert (II) DESIGNATION.—In each State in which metric selected by the Climate Change Tech- the following: the State designates a program adminis- nology Board. SEC. 127. IMPACT EVALUATION AND MEASURE- trator other than the local distribution enti- (c) PRIORITY.—In distributing the allow- MENT AND VERIFICATION RULES. ty, the local distribution entity shall trans- ances, the Administrator shall give priority (a) DEFINITIONS.—In this section: fer the funds described in subclause (I) to the to projects that result in measurable green- (1) IMPACT EVALUATION.—The term ‘‘impact program administrator designated by the house gas reduction benefits not encom- evaluation’’ means the evaluation of the en- State. passed within the metrics of the Energy Star

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00188 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.158 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5315 program referred to in subsection (b)(1), in- sure that the projects are verified and would sions of this Act as the Administrator deter- cluding at a minimum benefits such as loca- not have otherwise been carried out without mines are necessary until implementation of tion efficiency and reductions in embodied the award of funds under this section. the provisions no longer causes a gasoline energy of construction materials. (e) CONTRACTS.—An award for deploying 1 price increase. On page 286, line 7, insert ‘‘, manufactur- or more highly energy-efficient products or ers,’’ after ‘‘retailers’’. services that meet the criteria established On page 286, line 9, insert ‘‘, manufactur- under this section shall be in the form of a SA 4954. Mr. JOHNSON (for himself ers,’’ after ‘‘retailers’’. contract to provide an annual payment for and Mr. CONRAD) submitted an amend- On page 286, line 16, insert ‘‘and distribu- verified energy savings in an amount equal ment intended to be proposed by him tion of the reward among entities eligible for to the product obtained by multiplying— to the bill S. 3036, to direct the Admin- the reward’’ after ‘‘product-type’’. (1) the amount bid by the individual or en- istrator of the Environmental Protec- On page 286, line 21, insert ‘‘, manufac- tity proposing to deploy the highly energy- tion Agency to establish a program to turer,’’ after ‘‘retailer’’. efficient product or service; and decrease emissions of greenhouse gases, On page 287, line 10, insert ‘‘, manufac- (2) the energy savings during the projected turer,’’ after ‘‘retailer’’. useful life of the 1 or more highly energy-ef- and for other purposes; which was or- On page 287, line 13, strike ‘‘, but not to ex- ficient products or services, but not to ex- dered to lie on the table; as follows: ceed 10 years,’’. ceed 15 years, as determined by the Climate On page 193, strike the table that appears On page 288, strike lines 17 through 24 and Change Technology Board. before line 1 and insert the following: insert the following: On page 303, strike line 23 and insert the (a) ESTABLISHMENT.— following: (1) IN GENERAL.—The Climate Change Tech- (a) IN GENERAL.—The Administrator shall Percentage nology Board shall establish and carry out a deposit all proceeds of auc- for distribu- program, to be known as the ‘‘Efficient Man- tion among On page 304, between lines 3 and 4, insert fossil fuel- ufacturing Program’’, to distribute the emis- the following: Calendar year fired elec- sion allowances allocated pursuant to sec- (b) SENSE OF THE SENATE.—It is the sense tricity gen- tion 821 among owners and operators of man- of the Senate that the funds described in erators in ufacturing facilities in the United States, as subsection (a) shall be used for programs United States reward for achieving high levels of energy that are expected to reduce the emission of and resource use efficiency in the operations greenhouse gases. 2012 ...... 20 and processes of the owners and operators. 2013 ...... 20 (2) MEASUREMENT.—Energy and resource SA 4952. Mrs. FEINSTEIN (for her- 2014 ...... 20 use efficiency improvements described in self, Ms. KLOBUCHAR, Ms. SNOWE, and 2015 ...... 20 paragraph (1) shall be measured relative to Mr. WARNER) submitted an amendment 2016 ...... 19 .75 the energy and resource use that would have intended to be proposed by him to the 2017 ...... 19 .5 2018 ...... 19 .25 happened if not for the Efficient Manufac- bill S. 3036, to direct the Administrator turing Program. 2019 ...... 18 .25 On page 292, between lines 16 and 17, insert of the Environmental Protection Agen- 2020 ...... 17 the following: cy to establish a program to decrease 2021 ...... 15 .5 Subtitle E—Energy-Efficient Products and emissions of greenhouse gases, and for 2022 ...... 13 .25 Services Deployment Program other purposes; which was ordered to 2023 ...... 12 .25 lie on the table; as follows: 2024 ...... 11 SEC. 841. ALLOCATION. 2025 ...... 10 .75 Not later than 330 days before the begin- On page 32, strike lines 7 to 14 and insert the following: 2026 ...... 7 .75 ning of each of calendar years 2012 through 2027 ...... 6.5 (a) REGULATIONS.—Not later than 2 years 2050, the Administrator shall allocate to the 2028 ...... 6.25 Climate Change Technology Board estab- after the date of enactment of this Act, the Administrator shall promulgate regulations 2029 ...... 5 lished by section 431, 0.15 percent of the 2030 ...... 4 .75. emission allowances established pursuant to establishing a Federal greenhouse gas reg- section 201(a) for that calendar year, for the istry that— purpose of conducting the Energy-Efficient (1) builds upon the regulations completed Beginning on page 193, strike line 9 and all Products and Services Deployment Program pursuant to the mandate contained in the that follows through page 194, line 12, and in- established under section 842. sixth paragraph of ‘‘Administrative Provi- sert the following: sions, Environmental Protection Agency’’ of SEC. 842. ENERGY-EFFICIENT PRODUCTS AND (b) CALCULATION.— SERVICES DEPLOYMENT PROGRAM. Division F of P.L. 110–161; (1) IN GENERAL.—The regulations promul- (a) ESTABLISHMENT.—There is established (2) makes changes necessary to achieve the purposes described in section 101; and gated pursuant to subsection (a) shall pro- an energy-efficient products and services de- vide that the quantity of emission allow- ployment program to provide design, build- (3) requires emission reporting to begin by not later than calendar year 2011. ances distributed to the owner or operator of ing construction, product installation, man- an individual fossil fuel-fired electricity gen- agement, or implementation of other strate- SA 4953. Mr. MCCONNELL (for him- erator for a calendar year shall be equal to gies to improve energy productivity by indi- the product obtained by multiplying— viduals, entities, Federal, State, or local self and Mr. CHAMBLISS) submitted an amendment intended to be proposed by (A) the quantity of emission allowances al- government agencies, and consortia of busi- located pursuant to section 551; and nesses and organizations that demonstrate him to the bill S. 3036, to direct the Ad- (B) subject to paragraph (2), the quotient strong capability to capture energy savings ministrator of the Environmental Pro- obtained by dividing— described in subsection (b). tection Agency to establish a program (i) the average annual quantity of carbon (b) ENERGY SAVINGS.—At a minimum, en- to decrease emissions of greenhouse dioxide equivalents emitted by the fossil ergy savings captured under subsection (a) gases, and for other purposes; which fuel-fired electricity generator during the 3 shall be energy savings— calendar years preceding the date of enact- (1) that have not been and, as determined was ordered to lie on the table; as fol- lows: ment of this Act; by by the Climate Change Technology Board, (ii) the average annual quantity of carbon are not expected to be otherwise captured On page 161, between lines 6 and 7, insert dioxide equivalents emitted by all fossil fuel- under this Act; the following: fired electricity generators during those 3 (2) that span multiple States; and SEC. 530. ACTION UPON HIGHER GASOLINE calendar years. PRICES CAUSED BY THIS ACT. (3) the results of which can be accounted (2) INITIAL BASELINE FOR NEW ENTRANTS.— for and are distinguishable from those of (a) DETERMINATION OF HIGHER GASOLINE For purposes of the calculation under para- other programs under this Act. PRICES CAUSED BY THIS ACT.—Not less than graph (1), in the case of a fossil fuel-fired (c) INCENTIVES.—The program established annually, the Secretary of Energy, in con- electricity generator that commences oper- under subsection (a) shall deliver incentives sultation with the Secretary of Transpor- ation on or after January 1, 2009, the value for individuals and entities in the private tation and the Administrator, shall deter- described in subparagraph (B) of paragraph sector to pursue, innovate, and compete for mine whether implementation of this Act (1) for each of the first 3 calendar years for energy efficiency improvement opportuni- has caused the average retail price of gaso- which the generator is in operation shall be ties. line to increase since the date of enactment the average annual quantity of carbon diox- (d) CRITERIA.—The Climate Change Tech- of this Act. ide equivalent emitted by all fossil-fired nology Board, in consultation with the Ad- (b) ADMINISTRATOR ACTION.—Notwith- electricity generators during those 3 cal- ministrator and other appropriate agencies, standing any other provision of this Act, endar years. shall establish objective eligibility criteria upon a determination under subsection (a) of for energy efficiency projects to be funded higher gasoline prices caused by this Act, Strike the table that appears on page 203 under this section, including criteria to en- the Administrator shall suspend such provi- after line 2 and insert the following:

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Percentage SEC. 905. ADDITIONAL FUNDS. On page 304, strike lines 4 through 7 and in- for auction (a) IN GENERAL.—For the period of calendar sert the following: years 2009 through 2018, of the proceeds of Calendar year for Climate SEC. 913. ADDITIONAL FUNDS. Change Con- the auctions conducted under section 1402(a), (a) IN GENERAL.—For the period of calendar sumer Assist- $5,000,000,000 shall be allocated by the Ad- years 2009 through 2018, of the proceeds of ance Fund ministrator to the Low- and Zero-Carbon the auctions conducted under section 1402(a), Electricity Technology Fund in accordance $5,000,000,000 shall be allocated by the Ad- 2012 ...... 1 .5 with the schedule described in subsection (b). ministrator to the Advanced Research 2013 ...... 1 .75 (b) SCHEDULE.—Of the amount made avail- Projects Agency—Energy— 2014 ...... 1 .75 able under subsection (a), the Administrator (1) to be used by the Administrator to 2015 ...... 2 shall allocate— carry out renewable energy projects; and 2016 ...... 2 .25 (1) $1,000,000,000 for calendar year 2012; (2) in accordance with the schedule de- 2017 ...... 2 .5 (2) $1,000,000,000 for calendar year 2013; scribed in subsection (b). 2018 ...... 3 (3) $1,000,000,000 for calendar year 2014; (b) SCHEDULE.—Of the amount made avail- 2019 ...... 4 (4) $500,000,000 for calendar year 2015; able under subsection (a), the Administrator 2020 ...... 4 (5) $500,000,000 for calendar year 2016; shall allocate— 2021 ...... 4 (6) $500,000,000 for calendar year 2017; and (1) $1,000,000,000 for calendar year 2012; 2022 ...... 5 (7) $500,000,000 for calendar year 2018. (2) $1,000,000,000 for calendar year 2013; 2023 ...... 5 Beginning on page 297, strike line 24 and (3) $1,000,000,000 for calendar year 2014; 2024 ...... 6 all that follows through page 298, line 3, and (4) $500,000,000 for calendar year 2015; 2025 ...... 6 insert the following: (5) $500,000,000 for calendar year 2016; 2026 ...... 7 (1) the production of electricity from new (6) $500,000,000 for calendar year 2017; and 2027 ...... 8 zero- or low-carbon generation; (7) $500,000,000 for calendar year 2018. (2) facility establishment or conversion by 2028 ...... 8 SEC. 914. USE OF FUNDS. manufacturers and component suppliers of 2029 ...... 9 (a) LIMITATION ON DISBURSEMENT.—No zero- or low-carbon generation technology; 2030 ...... 10 amounts deposited in the energy trans- and 2031 ...... 14 formation acceleration fund pursuant to sec- (3) the construction of additional trans- 2032 ...... 14 tion 912 shall be disbursed, except pursuant 2033 ...... 14 mission capacity to increase the quantity of to an appropriation Act. 2034 ...... 15 renewable electricity on the electrical grid. (b) ADVANCED RESEARCH PROJECTS AGEN- On page 298, strike lines 5 through 17 and 2035 ...... 15 CY—ENERGY.—Section 5012(c)(1)(A) of the insert the following: 2036 ...... 15 America COMPETES Act (42 U.S.C. (a) IN GENERAL.—The Climate Change 16538(c)(1)(A)) is amended— 2037 ...... 15 Technology Board shall make awards under (1) in clause (ii), by striking ‘‘and’’ after 2038 ...... 15 this section to domestic producers of new 2039 ...... 15 zero- or low-carbon generation, domestic fa- the semicolon; and 2040 ...... 15 cilities and operations of manufacturers and (2) by adding at the end the following: 2041 ...... 15 component suppliers of zero- or low-carbon ‘‘(iv) the advancement of renewable energy 2042 ...... 15 generation technology, and domestic trans- technologies that do not emit greenhouse 2043 ...... 15 mitters of renewable electricity— gases; and’’. 2044 ...... 15 (1) in the case of producers of new zero- or 2045 ...... 15 low-carbon generation, based on the bid of SA 4956. Mr. ENZI (for himself, Mr. 2046 ...... 15 each generator in terms of dollars per mega- BOND, Mr. INHOFE, and Mr. VOINOVICH) 2047 ...... 15 watt-hour of electricity generated; submitted an amendment intended to 2048 ...... 15 (2) in the case of qualifying manufacturers be proposed by him to the bill S. 3036, 2049 ...... 15 of zero- or low-carbon generation tech- to direct the Administrator of the En- 2050 ...... 15 . nology, based on the criteria described in vironmental Protection Agency to es- section 909; and tablish a program to decrease emis- (3) in the case of qualifying transmitters of SA 4955. Mr. DORGAN (for himself, sions of greenhouse gases, and for other renewable electricity, based on the quantity purposes; which was ordered to lie on Mr. WARNER, and Mr. SALAZAR) sub- and distance of renewable electricity trans- mitted an amendment intended to be mitted from remote areas that contain high the table; as follows: proposed by him to the bill S. 3036, to renewable energy potential. On page 310, lines 1 through 3, strike ‘‘part direct the Administrator of the Envi- On page 300, between lines 10 and 11, insert C of the Safe Drinking Water Act (42 U.S.C. 300h et seq.)’’ and insert ‘‘subtitle C of title ronmental Protection Agency to estab- the following: (3) MINIMUM AMOUNT.—Of the amounts used X’’. lish a program to decrease emissions of by the Climate Change Technology Board to Beginning on page 318, strike line 6 and all greenhouse gases, and for other pur- make awards to entities for zero- or low-car- that follows through page 320, line 7, and in- poses; which was ordered to lie on the bon generation under this subtitle, not less sert the following: table; as follows: than 1⁄2 of the amounts shall be used each fis- SEC. 1021. CARBON SEQUESTRATION AND CAP- cal year to make awards to entities for the TURE. On page 293, between lines 17 and 18, insert (a) DEFINITIONS.—In this section: the following: generation of renewable energy. On page 301, between lines 10 and 11, insert (1) ANTHROPOGENIC.—The term ‘‘anthropo- (3) QUALIFYING TRANSMISSION LINE.—The the following: genic’’ means produced or caused by human term ‘‘qualifying transmission line’’ means a (c) CONSTRUCTION OF TRANSMISSION CAPAC- activity. transmission line that— ITY TO INCREASE AVAILABILITY OF RENEWABLE (2) CARBON DIOXIDE.—The term ‘‘carbon di- (A)(i) is placed into commercial service ELECTRICITY.— oxide’’ means anthropogenically sourced car- after the date of enactment of this Act; (1) IN GENERAL.—The Climate Change Tech- bon dioxide that is of sufficient purity and (ii) transmits renewable electricity; and nology Board shall establish and carry out a quality as to not compromise the safety and (iii) to the maximum extent practicable, program to direct, for each of calendar years efficiency of any reservoir in which the car- employs advanced grid technologies; or 2012 through 2050, funds deposited in the bon dioxide is stored. (B)(i) provides incremental increases in Low- and Zero-Carbon Electricity Tech- (3) FEDERAL AGENCY.—The term ‘‘Federal transmission capacity for renewable elec- nology Fund during the preceding calendar agency’’ means any department, agency, or tricity; and year pursuant to section 904 to builders of instrumentality of the United States. (ii) to the maximum extent practicable, qualifying transmission lines based on the (4) GEOLOGICAL STORAGE.—The term ‘‘geo- employs advanced grid technologies percentage of the qualifying transmission logical storage’’ means permanent or short- (4) QUALIFYING TRANSMITTER OF RENEWABLE lines of the builders that are dedicated to the term underground storage of carbon dioxide ELECTRICITY.—The term ‘‘qualifying trans- transmission of energy from renewable en- in a reservoir. mitter of renewable electricity’’ means an ergy sources to the grid. (5) PERSON.— entity that constructs qualifying trans- (2) MINIMUM AMOUNT.—In carrying out the (A) IN GENERAL.—The term ‘‘person’’ means mission lines. program established under paragraph (1), for an individual, corporation, company (includ- On page 293, line 18, strike ‘‘(3)’’ and insert each of calendar years 2012 through 2050, of ing a limited liability company), association, ‘‘(5)’’. the funds deposited in the Low- and Zero- partnership, State, municipality, or Federal On page 293, line 23, strike ‘‘(4)’’ and insert Carbon Electricity Technology Fund during agency. ‘‘(6)’’. the preceding calendar year pursuant to sec- (B) INCLUSIONS.—The term ‘‘person’’ in- On page 294, line 7, strike ‘‘(5)’’ and insert tion 904, the Climate Change Technology cludes an officer, employee, and agent of any ‘‘(7)’’. Board shall ensure that not less than 5 per- corporation, company (including a limited li- On page 297, between lines 9 and 10, insert cent of the funds are used for the construc- ability company), association, partnership, the following: tion of qualifying transmission lines. State, municipality, or Federal agency.

VerDate Aug 31 2005 07:04 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00190 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.161 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5317

(6) RESERVOIR.— the regulations promulgated under this sub- method the sole purpose of which is en- (A) IN GENERAL.—The term ‘‘reservoir’’ section. hanced oil or gas recovery. means any subsurface sedimentary stratum, (2) STATE REGULATORY AUTHORITY.— (c) STATE PRIMARY ENFORCEMENT RESPON- formation, aquifer, or cavity or void (wheth- (A) IN GENERAL.—The regulations promul- SIBILITY.— er natural or artificially created) that is gated under paragraph (1)(A)(ii) shall estab- (1) APPROVAL OF STATE CARBON DIOXIDE suitable for, or capable of being made suit- lish minimum requirements that States STORAGE PROGRAMS.— able for, the injection and storage of carbon shall meet in order to be approved to admin- (A) APPLICATION.— dioxide. ister a carbon dioxide storage program under (i) IN GENERAL.—After promulgation of the (B) INCLUSIONS.—The term ‘‘reservoir’’ in- subsection (c)(1), including— regulations under subsection (b)(1)(A)(ii), cludes— (i) a prohibition on carbon dioxide storage each State may submit to the Administrator (i) an oil and gas reservoir; in the State that is not authorized by a per- an application that demonstrates, to the sat- (ii) a saline formation or coal seam; and mit issued by the State; isfaction of the Administrator, that the (iii) the seabed and subsoil of a submarine (ii) inspection, monitoring, recordkeeping, State— area. and reporting requirements; and (I) has adopted, after providing for reason- (7) STATE.— (iii) authority for the State regulatory able notice and an opportunity for public (A) IN GENERAL.—The term ‘‘State’’ agency to issue a permit, after public notice comment, and will implement, a carbon di- means— and hearing, approving a storage facility for oxide storage program that meets the re- (i) each of the several States of the United the proposed geological storage of carbon di- quirements of the regulations; and States; oxide if the State regulatory authority de- (II) will keep such records and make such (ii) the District of Columbia; termines that— reports with respect to the activities of the (iii) the Commonwealth of Puerto Rico; (I) the horizontal and vertical boundaries State under the carbon dioxide storage pro- (iv) Guam; of the geological storage facility designated gram as the Administrator may require by (v) American Samoa; by the permit are appropriate for the storage regulation. (vi) the Commonwealth of the Northern facility; (ii) REVISIONS.—Not later than the expira- Mariana Islands; (II) the storage facility and reservoir are tion of the 270-day period beginning on the (vii) the Federated States of Micronesia; suitable and feasible for the injection and date on which any regulation promulgated (viii) the Republic of the Marshall Islands; storage of carbon dioxide; under subsection (b)(1)(A)(ii) is revised or (ix) the Republic of Palau; and (III) a good faith effort has been made to amended with respect to a requirement ap- (x) the United States Virgin Islands. obtain the consent of a majority of the own- plicable to State carbon dioxide storage pro- (B) INCLUSIONS.—The term ‘‘State’’ in- ers having property interests affected by the grams, each State with a carbon dioxide cludes all territorial water, seabed, and sub- storage facility, and that the storage oper- storage program approved under subpara- soil of submarine areas of each State. ator intends to acquire any remaining inter- graph (B) shall submit, in such form and in (8) STATE REGULATORY AGENCY.—The term est by eminent domain or by a method other- such manner as the Administrator may re- ‘‘State regulatory agency’’ means the agency wise allowed by law; quire, a notice to the Administrator that designated by the Governor of a State to ad- (IV) the use of the storage facility for the demonstrates, to the satisfaction of the Ad- minister a carbon dioxide storage program of geological storage of carbon dioxide will not ministrator, that the State carbon dioxide the State. result in the unpermitted migration of car- storage program meets the revised or amend- (9) STORAGE FACILITY.— bon dioxide into other formations containing ed requirement. (A) IN GENERAL.—The term ‘‘storage facil- fresh drinking water or oil, gas, coal, or (B) APPROVAL OR DISAPPROVAL.—Not later ity’’ means— other commercial mineral deposits that are than 90 days after the date on which a State (i) an underground reservoir, underground not owned by the storage operator; and submits to the Administrator an application equipment, and surface structures and equip- (V) the proposed storage would— under subparagraph (A)(i) or a notice under ment used in an operation to store carbon di- (aa) not unduly endanger human health or subparagraph (A)(ii), and after a reasonable oxide in a reservoir; and the environment; and (as determined by the Administrator) oppor- (ii) any other facilities that the Adminis- (bb) be in the public interest. tunity for discussion, the Administrator trator may include by regulation or permit. (B) STATE AUTHORITY.—A State regulatory shall by regulation approve, disapprove, or (B) EXCLUSIONS.—The term ‘‘storage facil- agency approved under subsection (c)(1) to approve in part and disapprove in part, the ity’’ does not include pipelines used to trans- administer a carbon dioxide storage program carbon dioxide storage program proposed by port the carbon dioxide from 1 or more cap- shall issue such orders, permits, certificates, the State. ture facilities to the storage and injection rules, and regulations, including establish- (C) EFFECT OF APPROVAL.—If the Adminis- site. ment of such appropriate and sufficient fi- trator approves the carbon dioxide storage (10) STORAGE OPERATOR.—The term ‘‘stor- nancial sureties as are necessary, for the program of a State under subparagraph (B), age operator’’ means any person or other en- purpose of regulating the drilling, operation, the State shall have primary enforcement tity authorized by the Administrator or and well plugging and abandonment and re- responsibility for carbon dioxide storage in State regulatory agency to operate a storage moval of surface buildings and equipment of the State until such time as the Adminis- facility. the storage facility in order to protect the trator determines, by regulation, that the (11) UNDERGROUND RESERVOIR.—The term storage facility against pollution, invasion, State no longer meets the requirements of ‘‘underground reservoir’’, with respect to a and the escape or migration of carbon diox- subparagraph (A)(i). storage facility, includes any necessary and ide. (D) PUBLIC PARTICIPATION.—Before making reasonable areal buffer and subsurface moni- (C) EMINENT DOMAIN.—A storage operator a determination under subparagraph (B) or toring zones that are— may be empowered by a State to exercise the (C), the Administrator shall provide an op- (A) designated by the Administrator or right of eminent domain under State law to portunity for a public hearing with respect State regulatory agency for the purpose of acquire all surface and subsurface rights and to the determination. ensuring the safe and efficient operation of interests necessary or useful for the purpose (2) STATES WITHOUT PRIMARY ENFORCEMENT the storage facility for the storage of carbon of operating the storage facility, including RESPONSIBILITY.— dioxide; and easements and rights-of-way across land that (A) IN GENERAL.—If a State fails to submit (B) selected to protect against pollution, are necessary to transport carbon dioxide an application under paragraph (1)(A)(i) by invasion, and escape or migration of the among components of the storage facility. the date that is 270 days after the date of stored carbon dioxide. (D) VARIANCE IN CONDITIONS.—The regula- promulgation of regulations under sub- (b) STATE CARBON DIOXIDE GEOLOGICAL tions promulgated under paragraph (1)(A)(ii) section (b)(1)(A)(ii), the Administrator shall STORAGE PROGRAMS.— shall permit or provide for consideration of by regulation prescribe (and may from time (1) REGULATIONS.— varying geological, hydrological, and histor- to time by regulation revise) a program ap- (A) IN GENERAL.—The Administrator ical conditions in different States and in dif- plicable to the State that meets the terms shall— ferent areas within a State. and conditions of subsection (b)(2). (i) not later than 180 days after the date of (E) ENHANCED RECOVERY OPERATIONS.— (B) DISAPPROVAL.—If the Administrator enactment of this Act, publish in the Federal (i) IN GENERAL.—Upon the approval of a disapproves all or a portion of the program Register proposed regulations for State car- State to administer a carbon dioxide storage of a State under paragraph (1)(B), if the Ad- bon dioxide storage programs; and program under subsection (c)(1), the State ministrator determines under paragraph (ii) not later than 180 days after the date of regulatory agency designated by the State (1)(C) that a State no longer meets the re- publication of the proposed regulations may develop rules to allow the conversion quirements of subclause (I) or (II) of para- under clause (i), promulgate final regula- into a storage facility of an enhanced recov- graph (1)(A)(i), or if a State fails to submit a tions for State carbon dioxide storage pro- ery operation that is in existence as of the notice before the expiration of the period grams that meet the requirements described date on which administration of the program specified in paragraph (1)(A)(ii), the Admin- in paragraph (2)(A), including such modifica- by the State is approved. istrator shall by regulation, not later than 90 tions as the Administrator determines to be (ii) OIL AND GAS RECOVERY.—Nothing in days after the date of the disapproval, deter- appropriate. this section applies to or otherwise affects mination, or expiration (as the case may be), (B) UPDATING.—The Administrator may pe- the use of carbon dioxide as a part of or in prescribe (and may from time to time by reg- riodically review and, as necessary, revise conjunction with any enhanced recovery ulation revise) a program applicable to the

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00191 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.170 S05JNPT1 smartinez on PROD1PC64 with SENATE S5318 CONGRESSIONAL RECORD — SENATE June 5, 2008 State that meets the requirements of sub- (ii) shall provide to each interested person the amount assessed, plus costs, attorneys’ section (b)(2). a reasonable opportunity to be heard and to fees, and interest at currently prevailing (C) APPLICABILITY.—A program prescribed present evidence. rates, calculated from the date on which the by the Administrator under subparagraph (E) NOTICE AND COMMENT.—The Adminis- order is effective or the date of the final (B) shall apply in a State only to the extent trator shall provide public notice of, and a judgment, as the case may be. that a program adopted by the State that reasonable opportunity to comment on, any (ii) NO REVIEW OF AMOUNT.—In a civil ac- the Administrator determines meets the re- proposed order. tion brought under clause (i), the validity, quirements of this section or subsection (F) SPECIFIC NOTICE.—Any person who com- amount, and appropriateness of the civil pen- (b)(2) is not in effect. ments on any proposed order under subpara- alty shall not be subject to review. (D) PUBLIC PARTICIPATION.—Before promul- graph (E) shall be given notice of any hear- (P) AUTHORITY OF ADMINISTRATOR.—The gating any regulation under subparagraph ing under this paragraph and of any order. Administrator may, in connection with ad- (B) or (C), the Administrator shall provide an (G) EFFECTIVE DATE.—Any order issued ministrative proceedings under this para- opportunity for a public hearing with respect under this paragraph shall become effective graph— to the regulation. on the date that is 30 days after the date of (i) issue subpoenas compelling the attend- issuance of the order, unless an appeal is ance and testimony of witnesses and sub- (d) ENFORCEMENT OF PROGRAM.— taken pursuant to subparagraph (K). poenas duces tecum; and (1) NOTIFICATION.— (H) CONTENTS OF ORDER.—Any order issued (ii) request the Attorney General to bring (A) IN GENERAL.—In any case in which the under this paragraph— a civil action to enforce any subpoena issued Administrator determines, during a period (i) shall state with reasonable specificity under this subparagraph. during which a State has primary enforce- the nature of the violation; and (Q) ENFORCEMENT.—The United States dis- ment responsibility for carbon dioxide stor- (ii) may specify a reasonable period to trict courts shall have jurisdiction to en- age, that any person who is subject to a re- achieve compliance. force, and impose sanctions with respect to, quirement of the carbon dioxide storage pro- (I) CONSIDERATIONS.—In assessing any civil subpoenas issued under subparagraph (P). gram is violating the requirement, the Ad- penalty under this paragraph, the Adminis- (3) CIVIL AND CRIMINAL ACTIONS.— ministrator shall notify the State and the trator shall take into consideration all ap- (A) IN GENERAL.—A civil action referred to person violating the requirement of the vio- propriate factors, including— in subparagraph (B) or (C) of paragraph (1) lation. (i) the seriousness of the violation; shall be brought in the appropriate United (B) FAILURE TO ENFORCE.—If, after the date (ii) the economic benefit (if any) resulting States district court. that is 30 days after the Administrator noti- from the violation; (B) AUTHORITY; JUDGEMENT.—A court de- fies a State of a violation under subpara- (iii) any history of similar violations; scribed in subparagraph (A)— graph (A), the State has not commenced ap- (iv) any good-faith efforts to comply with (i) shall have jurisdiction to require com- propriate enforcement action, the Adminis- the applicable requirements; pliance with any requirement of an applica- trator shall— (v) the economic impact of the penalty on ble carbon dioxide storage program or with (i) issue an order under paragraph (2) re- the violator; and an order issued under paragraph (2); and quiring the person to— (vi) such other matters as justice may re- (ii) may enter such judgment as the protec- (I) correct the matter; and quire. tion of public health may require. (II) comply with the requirement; or (J) OTHER ACTIONS.—Any violation with re- (C) PENALTIES.—Any person who violates (ii) bring a civil action in accordance with spect to which the Administrator has com- any requirement of an applicable carbon di- paragraph (3). menced and is diligently prosecuting a civil oxide storage program or an order requiring (C) VIOLATIONS IN CERTAIN STATES.—In any action under a provision of law other than compliance under paragraph (2)— case in which the Administrator determines, this section, or has issued an order under (i) shall be subject to a civil penalty of not during a period during which a State does this paragraph assessing a civil penalty, more than $25,000 for each day of such viola- not have primary enforcement responsibility shall not be subject to a civil action under tion; and for carbon dioxide storage, that any person paragraph (3). (ii) if the violation is willful, may, in addi- subject to any requirement of any applicable (K) APPEALS.—Any person against whom tion to or in lieu of the civil penalty under carbon dioxide storage program in the State an order is issued may file an appeal of the clause (i), be imprisoned for not more than 3 is violating the requirement, the Adminis- order, not later than 30 days after the date of years, fined in accordance with title 18, trator shall— issuance of the order, with— United States Code, or both. (i) issue an order under paragraph (2) re- (i) the United States District Court for the (4) EFFECT ON STATE AUTHORITY.— quiring the person to comply with require- District of Columbia; or (A) IN GENERAL.—Nothing in this sub- ment; or (ii) the United States district court for the section diminishes or otherwise affects any (ii) bring a civil action in accordance with district in which the violation is alleged to authority of a State or political subdivision paragraph (3). have occurred. of a State to adopt or enforce any law (in- (2) ADMINISTRATIVE ORDERS AND APPEALS.— (L) DISTRIBUTION OF COPIES.—An appellant cluding a regulation) (relating to the storage (A) IN GENERAL.—In any case in which the shall simultaneously send a copy of an ap- of carbon dioxide. Administrator has the authority to bring a peal filed under subparagraph (K) by cer- (B) OTHER REQUIREMENTS.—No law (includ- civil action under this subsection with re- tified mail to the Administrator and to the ing a regulation) described in subparagraph spect to any regulation or other requirement Attorney General. (A) shall relieve any person of any require- of this section, the Administrator may, in (M) RECORD.—The Administrator shall ment otherwise applicable under this Act. addition to bringing the civil action, issue an promptly file in the appropriate court de- (e) FINANCIAL ASSURANCES FOR STORAGE order under this paragraph that— scribed in subparagraph (K) a certified copy OPERATORS.— (i) assesses a civil penalty of not more than of the record on which an order was based. (1) IN GENERAL.—Each storage operator $10,000 for each day of violation for any past (N) JUDICIAL ACTION.—A court having juris- shall be required by the State regulatory or current violation, up to a maximum ag- diction over an order issued under this para- agency (in the case of a State with primary gregate civil penalty of $125,000, for each cov- graph shall not— enforcement authority) or the Administrator ered entity; (i) set aside or remand the order unless the (in the case of a State that does not have pri- (ii) requires compliance with the regula- court determines that— mary enforcement authority) to have and tion or other requirement; or (I) there is not substantial evidence on the maintain financial assurances of such type (iii) accomplishes each of the actions de- record, taken as a whole, to support the find- and in such amounts as are necessary to scribed in clauses (i) and (ii). ing of a violation; or cover public liability claims relating to the (B) TIMING.—An order under this paragraph (II) the assessment by the Administrator of storage facility of the storage operator. shall be issued by the Administrator only a civil penalty, or a requirement for compli- (2) MAINTENANCE OF FINANCIAL ASSUR- after an opportunity (provided in accordance ance, constitutes an abuse of discretion; or ANCES.—The financial assurances required with this paragraph) for a hearing. (ii) impose additional civil penalties for under paragraph (1) shall be maintained by (C) NOTICE.—Before issuing any order the same violation unless the court deter- the storage operator until such time as the under subparagraph (A), the Administrator mines that the assessment by the Adminis- operator obtains a certificate of completion shall provide to the person to whom the trator of a civil penalty constitutes an abuse of injection operations under subsection (f). order applies— of discretion. (3) AMOUNT.—The amount of financial as- (i) written notice of the intent of the Ad- (O) FAILURE TO PAY.— surances required under paragraph (1) shall ministrator to issue the order; and (i) IN GENERAL.—If any person fails to pay be the maximum amount of liability insur- (ii) the opportunity to request, within the an assessment of a civil penalty after an ance available at a reasonable cost and on 30-day period beginning on the date of re- order becomes effective under subparagraph reasonable terms from private sources (in- ceipt by the person of the notice, a hearing (G), or after a court, in a civil action brought cluding private insurance, private contrac- on the order. under subparagraph (K), has entered a final tual indemnities, self-insurance, or a com- (D) REQUIREMENTS.—A hearing described in judgment in favor of the Administrator, the bination of those measures), as determined subparagraph (C)(ii)— Administrator may request the Attorney by the Administrator. (i) shall not be subject to section 554 or 556 General to bring a civil action in an appro- (f) CESSATION OF STORAGE OPERATIONS.— of title 5, United States Code; but priate United States district court to recover Upon a showing by a storage operator that a

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00192 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.170 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5319 storage facility is reasonably expected to re- (A) the aggregate amount of assessments (3) innovations for IGCC systems that build tain mechanical integrity and remain in calculated under paragraph (3) for the fiscal on the ability of the IGCC to separate pollut- place, the State regulatory agency (in the year; by ants and carbon emissions from gas streams, case of a State with primary enforcement (B) the aggregate number of tons of carbon including— authority) or the Administrator (in the case dioxide injected for storage during the pre- (A) advanced membrane technology for of a State that does not have primary en- ceding fiscal year by all storage operators. carbon dioxide separation; forcement authority) shall issue a certificate (5) INFORMATION.—The Administrator shall (B) improved air separation systems; of completion of injection operations to the require the submission of such information (C) improved compression for the separated storage operator. by each storage operator on an annual basis and captured carbon dioxide; and (g) LIABILITY OF STORAGE OPERATORS FOR as is necessary to make the calculations re- (D) other innovative carbon dioxide control RELEASE OF CARBON DIOXIDE.— quired under this subsection. technologies appropriate for IGCC systems; (1) IN GENERAL.—The Administrator shall (i) RELATIONSHIP TO OTHER LAWS.— (4) advanced combustion turbines, includ- agree to indemnify and hold harmless a stor- (1) IN GENERAL.—The Administrator shall ing— age operator (and if different from the stor- promulgate regulations for permitting com- (A) ultra low emission hydrogen turbines; age operator, the owner of the storage facil- mercial-scale underground injection of car- and ity) that has maintained financial assur- bon dioxide for purposes of geological seques- (B) oxycoal combustion turbines; and ances under subsection (e) from liability tration under this section. (5) sequestration of captured carbon in geo- arising from the leakage of carbon dioxide at (2) SAFE DRINKING WATER ACT.—Section 1421 logical formations, including— any storage facility operated by the storage of the Safe Drinking Water Act (42 U.S.C. (A) plume tracking; operator, to the extent that the liability is 300h) shall not be used as a basis for permit- (B) carbon dioxide leak detection and miti- in excess of the level of financial protection ting commercial-scale underground injection gation; required of the storage operator. or storage of carbon dioxide. (C) carbon dioxide fate and transport mod- (2) COMPLETION OF OPERATIONS.—Upon the Beginning on page 329, strike line 1 and all els; and issuance of certificate of completion of injec- that follows through page 330, line 3. (D) site evaluation instrumentation. At the end of title X, add the following: tion operations by a State regulatory agency (c) AUTHORIZATION OF APPROPRIATIONS.— (in the case of a State with primary enforce- Subtitle D—Reduced Carbon Emissions There are authorized to be appropriated to ment authority) or the Administrator (in the Through Clean Coal Technologies carry out this section, to remain available case of a State that does not have primary SEC. 1031. STATEMENT OF POLICY. until expended— enforcement authority)— It is the policy of the United States to re- (1) for innovations at power plants in oper- (A) the Administrator shall be vested with duce carbon emissions from technology im- ation as of the date of enactment of this Act complete and absolute title and ownership of provements to coal-fired power plants that $450,000,000 for the period of fiscal years 2009 the storage facility and any stored carbon di- will reduce the quantity of coal burned and through 2020; oxide at the facility; carbon dioxide emitted per unit of power pro- (2) for new combustion systems $450,000,000 (B) the storage operator and all generators duced. for the period of fiscal years 2009 through of any injected carbon dioxide shall be re- SEC. 1032. CLEAN COAL RESEARCH AND DEVEL- 2025; leased from all further liability associated OPMENT. (3) for IGCC systems $850,000,000 for the pe- with the project; and (a) IN GENERAL.—The Secretary shall ex- riod of fiscal years 2009 through 2025; (C)(i) any performance bonds posted by the pand and accelerate efforts to conduct re- (4) for advanced combustion turbines storage operator shall be released; and search and develop technologies that reduce $350,000,000 for the period of fiscal years 2009 (ii) continued monitoring of the storage fa- carbon dioxide emissions from coal-fired fa- through 2025; cility, including remediation of any well cilities with an emphasis on commercial via- (5) for carbon storage $400,000,000 for the leakage, shall become the responsibility of bility and reliability. period of fiscal years 2009 through 2020. the Administrator. (b) SHORT-, MEDIUM- AND LONG-TERM TECH- SEC. 1033. CLEAN COAL DEMONSTRATION. (h) FUNDING.— NOLOGY AREAS.—The Secretary shall empha- (1) IN GENERAL.—For each fiscal year, the size technologies that reduce carbon dioxide (a) IN GENERAL.—The Secretary shall ex- Administrator shall collect an annual assess- emissions in the short-, medium-, and long- pand and accelerate the demonstration of ment from each storage operator for each term time frames, including— technologies that reduce carbon dioxide storage facility that has not obtained a cer- (1) innovations for existing power plants emissions from coal-fired facilities by dem- tificate of completion of injection oper- that reduce carbon dioxide emissions by en- onstrating, at a minimum— ations. ergy efficiency increases or by capturing car- (1) through facilities in operation as of the (2) ASSESSMENT AMOUNT.—The amount of bon emissions, including technologies that— date of enactment of this Act— the assessment for a storage facility for a (A) reduce the quantity of fuel combusted (A) post-combustion carbon dioxide cap- fiscal year shall be equal to the product ob- per unit of electricity output; ture at pilot scale at not less than 2 facili- tained by multiplying— (B) reduce parasitic power loss from carbon ties, the award of contracts for which shall (A) the per-ton assessment for the fiscal control technology; be completed by 2010; year calculated under paragraph (4); and (C) improve compression of the separated (B) oxycoal combustion at commercial (B) the total number of tons of carbon di- and captured carbon dioxide; scale retrofitted to not less than 1 facility, oxide injected for storage by the storage op- (D) reuse or reduce water consumption and the award of contracts for which shall be erator during the preceding fiscal year at all withdrawal; and completed by 2012; storage facilities operated by the storage op- (E) capture carbon dioxide post-combus- (C) post-combustion carbon dioxide cap- erator during the fiscal year. tion from flue gas, such as through the use of ture at commercial scale retrofitted to not (3) AGGREGATE AMOUNT.—The aggregate ammonia-based, aqueous amine or ionic liq- less than 1 facility, the award of contracts amount of assessments collected from all uid solutions or other methods; for which shall be completed by 2012; storage operators under paragraph (1) for (2) new combustion systems, including— (D) heat rate and efficiency improvements any fiscal year shall be equal to the sum of, (A) oxyfuel combustion that burns fuel in at commercial scale at not less than 2 facili- with respect to the fiscal year— the presence of oxygen and recirculated flue ties, the award of contracts for which shall (A) any indemnification payments required gas instead of air producing a concentrated be completed by 2012; and to be made pursuant to subsection (g)(1); stream of carbon dioxide that can be readily (E) water consumption reduction at com- (B) any costs associated with storage fa- captured for storage or use; mercial scale at not less than 2 facilities, the cilities to which the Administrator has (B) chemical looping combustion that award of contracts for which shall be com- taken title pursuant to subsection (g)(2), in- burns fuel in the presence of a solid oxygen pleted by 2012; cluding costs associated with any— carrier instead of air producing concentrated (F) post-combustion carbon dioxide cap- (i) inspection, monitoring, recordkeeping, stream of carbon dioxide that can be readily ture at pilot scale with technologies other and reporting requirements of those facili- captured for storage or use; than technologies demonstrated under sub- ties; (C) high-temperature and pressure steam paragraphs (A) and (C) at not less than 1 fa- (ii) remediation of carbon dioxide leakage; systems, such as ultra supercritical steam cility, the award of contracts for which shall or generation, that result in high net plant effi- be completed by 2012; (iii) plugging and abandoning of remaining ciency and reduced fuel consumption, thus (G) heat rate and efficiency improvements wells; and producing less carbon dioxide per unit of en- at commercial scale at not less than 3 facili- (C) any costs associated with public liabil- ergy; ties, the award of contracts for which shall ity of storage facilities to which the Admin- (D) other innovative carbon dioxide control be completed by 2014; istrator has taken title pursuant to sub- technologies appropriate for new combustion (H) water consumption reduction at com- section (g)(2). systems; and mercial scale at not less than 3 facilities, the (4) CALCULATION OF ASSESSMENT.—The as- (E) high temperature and high pressure award of contracts for which shall be com- sessment under this subsection per ton of materials that will result in much higher pleted by 2014; and carbon dioxide for a fiscal year shall be equal plant efficiencies and carbon dioxide emis- (I) post-combustion carbon dioxide capture to the quotient obtained by dividing— sion reductions; at pilot scale with technologies other than

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00193 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.170 S05JNPT1 smartinez on PROD1PC64 with SENATE S5320 CONGRESSIONAL RECORD — SENATE June 5, 2008 technologies demonstrated under subpara- ity, the award of contracts for which shall be Subtitle E—Clean Coal Technology graphs (A), (C), and (F) at not less than 1 fa- completed by 2012; Incentives cility, the award of contracts for which shall (C) an oxyfuel turbine of at least 50 SEC. 1041. SHORT TITLE. be completed by 2016; megawatts in generating capacity, at not This subtitle may be cited as the ‘‘Energy (2) through new coal combustion facilities less than 1 facility, the award of contracts Security and Climate Enhancement Through that include carbon capture— for which shall be completed by 2015; Clean Coal Technology Act of 2008’’. (D) advanced oxygen separation of at least (A) oxycoal combustion at pilot scale at SEC. 1042. MODIFICATION OF SPECIAL RULES not less than 1 facility, the award of con- 2,000 tons per day in size integrated with a FOR ATMOSPHERIC POLLUTION tracts for which shall be completed by 2010; gas turbine at not less than 1 facility, the CONTROL FACILITIES. (B) post-combustion carbon dioxide cap- award of contracts for which shall be com- (a) IN GENERAL.—Subsection (d) of section ture at pilot scale at not less than 1 facility, pleted by 2015; and 169 of the Internal Revenue Code of 1986 is the award of contracts for which shall be (E) an oxyfuel turbine of at least 400 amended by adding at the end the following completed by 2012; megawatts in generating capacity, at not new paragraph: (C) oxycoal combustion at commercial less than 1 facility, the award of contracts ‘‘(6) SPECIAL RULES FOR CERTAIN ATMOS- scale at not less than 1 facility, the award of for which shall be completed by 2020; and PHERIC POLLUTION CONTROL FACILITIES.—Not- contracts for which shall be completed by (5) for storage of carbon dioxide captured withstanding paragraph (1), the term ‘pollu- 2012; through— tion control facility’ includes any mechan- (D) supercritical pulverized coal combus- (A) a field test of sequestration of at least ical or electronic system which— tion with advanced emission controls and 1,000,000 tons of carbon dioxide per year in a ‘‘(A) which is a new identifiable treatment partial carbon dioxide capture at commer- saline formation, the award of contracts for facility (as defined in paragraph (4)), cial scale at not less than 1 facility, the which shall be completed by 2010; ‘‘(B) which is— award of contracts for which shall be com- (B) field tests of sequestration of at least ‘‘(i) installed after December 31, 2007, and pleted by 2012; 2,000,000 tons of carbon dioxide per year in a ‘‘(ii) used in connection with an electric (E) oxycoal supercritical circulating fluid- saline formation, the award of contracts for generation plant or other property which is ized bed combustion at commercial scale at which shall be completed by 2012; and primarily coal fired, and not less than 1 facility, the award of con- (C) a field test of sequestration of at least ‘‘(C) which is certified by the owner or op- tracts for which shall be completed by 2012; 1,000,000 tons of carbon dioxide per year in a erator of the plant or other property, in such (F) post-combustion carbon dioxide cap- saline formation, the award of contracts for form and manner as prescribed by the Sec- ture at commercial scale at not less than 1 which shall be completed by 2014. retary, to reduce carbon dioxide emissions facility, the award of contracts for which (b) SEQUESTRATION OF CAPTURED CARBON per net megawatt hour of electricity genera- shall be completed by 2012; DIOXIDE.—In any demonstration referred to tion by— (G) post-combustion carbon dioxide cap- in subsection (a) that demonstrates carbon ‘‘(i) optimizing combustion, ture at pilot scale with technologies other dioxide capture, the carbon dioxide capture ‘‘(ii) optimizing sootblowing and heat than technologies demonstrated under sub- shall be used for enhanced oil recovery, se- transfer, paragraphs (B) or (F) at not less than 1 facil- questered in geologically appropriate forma- ‘‘(iii) upgrading steam temperature control ity, the award of contracts for which shall be tions, or permanently sequestered or reused, capabilities, completed by 2014; with funds made available to carry out each ‘‘(iv) reducing exit gas temperatures (air (H) ultra supercritical (1290°F) pulverized such demonstration for the respective pur- heater modifications) coal combustion with near-zero emission pose of the demonstration. ‘‘(v) predrying low rank coals using power controls and 90 percent carbon dioxide cap- (c) AUTHORIZATION OF APPROPRIATIONS.— plant waste heat, ture at commercial scale at not less than 1 There are authorized to be appropriated to ‘‘(vi) modifying steam turbines or change facility, the award of contracts for which carry out this section, to remain available the steam path/blading, shall be completed by 2014; until expended— ‘‘(vii) replacing single speed motors with (I) oxycoal combustion with an advanced (1) for demonstrations through facilities in variable speed drives for fans and pumps, oxygen separation system at commercial operation as of the date of enactment of this ‘‘(viii) improving operational controls, in- scale at not less than 1 facility, the award of Act $850,000,000 for the period of fiscal years cluding neural networks, or contracts for which shall be completed by 2009 through 2025; ‘‘(ix) any other means approved by the Sec- 2016; (2) for new combustion systems retary, in consultation with the Secretary of (J) second generation post-combustion car- $1,950,000,000 for the period of fiscal years Health and Human Services.’’. bon dioxide capture at commercial scale at 2009 through 2025; (b) DEDUCTION NOT ADJUSTED FOR PUR- not less than 1 facility, the award of con- (3) for IGCC systems $2,950,000,000 for the POSES OF DETERMINING ALTERNATIVE MIN- tracts for which shall be completed by 2014; period of fiscal years 2009 through 2025; IMUM TAX.—Paragraph (5) of section 56(a) of (K) chemical looping combustion at com- (4) for advanced combustion turbines the Internal Revenue Code of 1986 is amended mercial scale at not less than 1 facility, the $400,000,000 for the period of fiscal years 2009 by adding at the end the following new sen- award of contracts for which shall be com- through 2025; and tence: ‘‘The preceding sentences of this para- pleted by 2018; and (5) for carbon storage $1,350,000,000 for the graph shall not apply to any pollution con- (L) ultra advanced supercritical (1400°F) period of fiscal years 2009 through 2020. trol facility described in section 169(d)(6).’’. combustion with near-zero emission controls (c) EFFECTIVE DATE.—The amendments and 90 percent integrated carbon dioxide cap- SEC. 1034. IDENTIFICATION OF CLEAN COAL RE- made by this section shall apply to property SEARCH, DEVELOPMENT, AND DEM- ture at commercial scale at not less than 1 ONSTRATION PROJECTS. placed in service after December 31, 2007. facility, the award of contracts for which SEC. 1043. EXTENSION AND MODIFICATION OF shall be completed by 2018; (a) IN GENERAL.—The Secretary shall take PRODUCTION CREDIT FOR CLOSED- (3) through IGCC with carbon capture— such steps as are necessary to carry out this LOOP BIOMASS. (A) partial carbon dioxide capture without subtitle. (a) IN GENERAL.—Clause (ii) of section a water gas shift system at commercial scale (b) PUBLIC COMMENT.—Not later than 90 45(d)(2)(A) of the Internal Revenue Code of at not less than 1 facility, the award of con- days after the date of enactment of this Act 1986 is amended to read as follows: tracts for which shall be completed by 2010; and every 2 years thereafter, the Secretary ‘‘(iii) owned by the taxpayer which after (B) using G class turbine at not less than 1 shall institute a public comment period of at before January 1, 2014 is originally placed in facility with at least 400 megawatts in gener- least 45 days to assist the determination of service and modified, or is originally placed ating capacity, the award of contracts for the specific research, development, and dem- in service as a facility, to use closed-loop which shall be completed by 2012; onstration projects required under this sub- biomass to co-fire (or, in the case of an inte- (C) using H class turbines at not less than title. grated gasification combined cycle facility, 1 facility with at least 400 megawatts in gen- (c) APPLICATIONS.—Not later than 120 days to co-process) with coal, with other biomass, erating capacity, the award of contracts for after the end of each public comment period or with both.’’. which shall be completed by 2014; and required under subsection (b), the Secretary (b) EFFECTIVE DATE.—The amendment (D) using H class turbines at not less than shall— made by this section shall apply to elec- 1 facility with at least 400 megawatts in gen- (1) publicly identify the specific types of tricity produced and sold after the date of erating capacity, the award of contracts for projects that the Secretary intends to pursue the enactment of this Act. which shall be completed by 2016. to carry out this subtitle; SEC. 1044. QUALIFYING NEW CLEAN COAL POWER (4) through advanced turbines using— (2) establish selection criteria for the spe- PLANT CREDIT. (A) monitoring systems for advanced IGCC cific types of projects identified under para- (a) IN GENERAL.—Subpart E of part IV of gas turbine at commercial scale at not less graph (1); and subchapter A of chapter 1 of the Internal than 1 facility, the award of contracts for (3) establish an application process that al- Revenue Code of 1986 is amended by inserting which shall be completed by 2010; lows persons that are interested in partici- after section 48B the following new section: (B) advanced oxygen separation of at least pating in projects identified under paragraph ‘‘SEC. 48C. QUALIFYING NEW CLEAN COAL POWER 2,000 tons per day in size integrated with a (1) to provide such information as the Sec- PLANT CREDIT. combustion turbine at not less than 1 facil- retary determines to be necessary. ‘‘(a) ALLOWANCE OF CREDIT.—

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‘‘(1) IN GENERAL.—For purposes of section equal to the applicable percentage of the ‘‘(2) APPLICABLE PERCENTAGE.—For pur- 46, the qualifying new clean coal power plant qualified investment for such taxable year. poses of paragraph (1), the applicable per- credit for any taxable year is an amount centage shall be determined as follows:

‘‘In the case of a plant which either has— The applicable a design net heat rate below— or a carbon dioxide emission rate of— percentage is:

7,580 Btu/kWh (45% efficiency) ...... 1,577 lbs/MWh or less ...... 30 percent 7,760 Btu/kWh (44% efficiency) ...... 1,613 lbs/MWh or less ...... 28 percent 7,940 Btu/kWh (43% efficiency) ...... 1,650 lbs/MWh or less ...... 26 percent 8,120 Btu/kWh (42% efficiency) ...... 1,690 lbs/MWh or less ...... 20 percent 8,322 Btu/kWh (41% efficiency) ...... 1,731 lbs/MWh or less ...... 10 percent 8,530 Btu/kWh (40% efficiency) ...... 1,774 lbs/MWh or less ...... 10 percent

‘‘(b) QUALIFIED INVESTMENT.— cation as meeting the requirements of this qualified coal-fired electric power generating ‘‘(1) IN GENERAL.—For purposes of sub- section. Any information contained in the unit to capture, transport, and store carbon section (a), the qualified investment for any application shall be protected as provided in dioxide produced at such generating unit, in- taxable year is the basis of eligible property section 552(b)(4) of title 5, United States cluding equipment to separate and pressurize placed in service by the taxpayer during such Code. carbon dioxide for transport (including hard- taxable year which is part of a qualifying ‘‘(3) AGGREGATE CREDITS.—The aggregate ware to operate such equipment) and equip- new clean coal power plant— or projects certified by the Secretary under ment to transport, inject, and monitor such ‘‘(A)(i) the construction, reconstruction, or this subsection shall not exceed an aggregate carbon dioxide, as further specified and iden- erection of which is completed by the tax- capacity for electricity generation of more tified, by rule, by the Secretary. payer, or than 6,000 megawatts.’’. ‘‘(2) QUALIFIED COAL-FIRED ELECTRIC GEN- ‘‘(ii) which is acquired by the taxpayer if ‘‘(e) RECAPTURE OF CREDIT.—The Secretary ERATION UNIT.—The term ‘qualified coal-fired the original use of such property commences shall provide for recapturing the benefit of electric generation unit’ means a unit which, with the taxpayer, and any credit allowable under subsection (a) after installation of eligible property, is de- ‘‘(B) with respect to which depreciation (or with respect to any project which fails to at- signed to capture and store in a geologic for- amortization in lieu of depreciation) is al- tain or maintain any of the requirements of mation not less than 500,000 metric tons of lowable. this section.’’. carbon dioxide per year. ‘‘(2) SPECIAL RULE FOR CERTAIN SUBSIDIZED (b) CONFORMING AMENDMENTS.— ‘‘(d) AGGREGATE CREDITS.—The credits al- PROPERTY.—Rules similar to section 48(a)(4) (1) Section 46 of the Internal Revenue Code lowed under subsection (a) shall apply only shall apply for purposes of this section. of 1986 is amended by striking ‘‘and’’ at the to the first 9,000 megawatts of capacity of ‘‘(3) CERTAIN QUALIFIED PROGRESS EXPENDI- end of paragraph (3), by striking the period qualified coal-fired electric power generating TURES RULES MADE APPLICABLE.—Rules simi- at the end of paragraph (4) and inserting ‘‘, units certified by the Secretary under sub- lar to the rules of subsections (c)(4) and (d) of and’’, and by adding at the end the following section (e). section 46 (as in effect on the day before the new paragraph: ‘‘(e) CERTIFICATION.— enactment of the Revenue Reconciliation ‘‘(5) the qualifying new clean coal power ‘‘(1) CERTIFICATION PROCESS.—The Sec- Act of 1990) shall apply for purposes of this plant credit.’’. retary shall establish a certification process section. (2) Section 49(a)(1)(C) of such Code is to determine the extent to which eligible ‘‘(c) DEFINITIONS.—For purposes of this sec- amended by striking ‘‘and’’ at the end of property has been installed on a qualified tion— clause (iii), by striking the period at the end coal-fired electric power generating unit, ‘‘(1) QUALIFYING NEW CLEAN COAL POWER of clause (iv) and inserting ‘‘, and’’, and by and to make such other determinations as PLANT.—The term ‘qualifying new clean coal adding at the end the following new clause: the Secretary deems appropriate. The Sec- power plant’ means a facility which— ‘‘(v) the basis of any property which is part retary shall prepare an application for cer- ‘‘(A) which meets the requirements of sec- of a qualifying new clean coal power plant tification. tion 48A(e), under section 48C.’’. ‘‘(2) REQUIREMENTS FOR APPLICATIONS FOR ‘‘(B) which either— (3) The table of sections for subpart E of CERTIFICATION.—An application for certifi- ‘‘(i) has a design net heat rate of below part IV of subchapter A of chapter 1 of such cation shall contain such information as the 8,530 Btu/kWh, or Code is amended by inserting after the item Secretary may require in order to establish ‘‘(ii) has a carbon dioxide emission rate of relating to section 48B the following new credit entitlement. Any information con- 1,774 lbs/MWh or less, and item: tained in an application shall be protected as provided in section 552(b)(4) of title 5, United ‘‘(C) which— ‘‘Sec. 48C. Qualifying new clean coal power States Code.’’. ‘‘(i) is designed to capture carbon dioxide plant credit.’’. emissions, or (b) CONFORMING AMENDMENTS.— (c) EFFECTIVE DATE.—The amendments ‘‘(ii)(I) is designed to include a built-in (1) Section 46 of the Internal Revenue Code made by this section shall apply to periods space for future carbon dioxide capture hard- of 1986, as amended by this Act, is amended after the date of the enactment of this Act, ware (and improved foundations and by striking ‘‘and’’ at the end of paragraph under rules similar to the rules of section ironwork necessary to accommodate the ad- (4), by striking the period at the end of para- 48(m) of the Internal Revenue Code of 1986 ditional hardware), graph (5) and inserting ‘‘, and’’, and by add- (as in effect before the date of the enactment ‘‘(II) includes an engineering feasibility ing at the end the following new paragraph: of the Revenue Reconciliation Act of 1990). study identifying a system, including associ- ‘‘(6) the qualifying carbon dioxide equip- ated cost and performance parameters, to SEC. 1045. INVESTMENT CREDIT FOR EQUIPMENT ment credit.’’. USED TO CAPTURE, TRANSPORT, retrofit carbon capture equipment, and (2) Section 49(a)(1)(C) of such Code, as AND STORE CARBON DIOXIDE. amended by this Act, is amended by striking ‘‘(III) includes a site or sited identified (a) IN GENERAL.—Subpart E of part IV of ‘‘and’’ at the end of clause (iv), by striking where carbon dioxide may be stored or used subchapter A of chapter 1 of the Internal the period at the end of clause (v) and insert- for commercial purposes. Revenue Code of 1986, as amended by this ing ‘‘, and’’, and by adding at the end the fol- ‘‘(2) ELIGIBLE PROPERTY.—The term ‘eligi- Act, is amended by inserting after section lowing new clause: ble property’ means any property which is a 48C the following new section: part of a qualifying new clean coal power ‘‘(vi) the basis of any eligible property ‘‘SEC. 48D. EQUIPMENT USED TO CAPTURE, under section 48D.’’. plant. TRANSPORT, AND STORE CARBON ‘‘(d) QUALIFYING NEW CLEAN COAL POWER DIOXIDE EMISSIONS. (3) The table of sections for subpart E of PLANT PROGRAM.— ‘‘(a) GENERAL RULE.—For purposes of sec- part IV of subchapter A of chapter 1 of such ‘‘(1) ESTABLISHMENT.—Not later than 180 tion 46, the qualifying carbon dioxide equip- Code, as amended by this Act is amended by days after the date of enactment of this sec- ment credit for any taxable year is an inserting after the item relating to section tion, the Secretary, in consultation with the amount equal to 30 percent of the qualified 48C the following new section: Secretary of Energy, shall establish a quali- investment for such taxable year. ‘‘Sec. 48D. Equipment used to capture, fying new clean coal power plant program, ‘‘(b) QUALIFIED INVESTMENT.—For purposes transport, and store carbon di- under which the Secretary shall certify of subsection (a), the qualified investment oxide emissions.’’. projects eligible for the credit under sub- for any taxable year is the basis of eligible (c) EFFECTIVE DATE.—The amendments section (a) property placed in service by the taxpayer made by this section shall apply to periods ‘‘(2) APPLICATION.—An application under during such taxable year. after the date of the enactment of this Act, for certification under this section shall con- ‘‘(c) DEFINITIONS.—For purposes of this sec- under rules similar to the rules of section tain such information as the Secretary may tion— 48(m) of the Internal Revenue Code of 1986 require in order to make a determination to ‘‘(1) ELIGIBLE PROPERTY.—The term ‘eligi- (as in effect before the date of the enactment accept or reject an application for certifi- ble property’ means equipment installed on a of the Revenue Reconciliation Act of 1990).

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TAX CREDIT FOR CARBON DIOXIDE SE- trator of the Environmental Protection used for capital expenditures incurred by QUESTRATION IN THE GENERATION Agency, shall establish regulations for deter- qualified borrowers for 1 or more qualified OF ELECTRICITY. mining adequate security measures for the projects; (a) IN GENERAL.—Subpart D of part IV of geological storage of carbon dioxide under ‘‘(C) the qualified issuer designates such subchapter A of chapter 1 of the Internal subsection (a)(1)(B) such that the carbon di- bond for purposes of this section and the Revenue Code of 1986 (relating to business oxide does not escape into the atmosphere. bond is in registered form; and credits) is amended by adding at the end the Such term shall include storage at deep sa- ‘‘(D) in lieu of the requirements of section following new section: line formations and unminable coal seems 54A(d)(2), the issue meets the requirements ‘‘SEC. 45Q. CREDIT SEQUESTERING CARBON DI- under such conditions as the Secretary may of subsection (c). OXIDE IN THE GENERATION OF determine under such regulations. ‘‘(2) QUALIFIED PROJECT; SPECIAL USE ELECTRICITY. ‘‘(4) TERTIARY INJECTANT.—The term ‘ter- RULES.— ‘‘(a) GENERAL RULE.—For purposes of sec- tiary injectant’ has the same meaning as ‘‘(A) IN GENERAL.—The term ‘qualified tion 38, the carbon dioxide sequestration when used within section 193(b)(1). project’ means a qualified clean coal project credit for any taxable year is an amount ‘‘(5) QUALIFIED ENHANCED OIL OR NATURAL (as defined in subsection (f)(1)) placed in equal to the sum of— GAS RECOVERY PROJECT.—The term ‘qualified service by a qualified borrower. ‘‘(1) $30 per metric ton of qualified carbon enhanced oil or natural gas recovery project’ ‘‘(B) REFINANCING RULES.—For purposes of dioxide which is— has the meaning given the term ‘qualified paragraph (1)(B), a qualified project may be ‘‘(A) captured by the taxpayer at a quali- enhanced oil recovery project’ by section refinanced with proceeds of a clean energy fied facility during the credit period, and 43(c)(2), by substituting ‘crude oil or natural coal bond only if the indebtedness being refi- ‘‘(B) disposed of by the taxpayer in secure gas’ for ‘crude oil’ in subparagraph (A)(i) nanced (including any obligation directly or geological storage, and thereof. indirectly refinanced by such indebtedness) ‘‘(2) $10 per metric ton of qualified carbon ‘‘(6) CREDIT ATTRIBUTABLE TO TAXPAYER.— was originally incurred by a qualified bor- dioxide which is— Any credit under this section shall be attrib- rower after the date of the enactment of this ‘‘(A) captured by the taxpayer at a quali- utable to the person that captures and phys- section. fied facility during the credit period, and ically or contractually ensures the disposal ‘‘(C) REIMBURSEMENT.—For purposes of ‘‘(B) used by the taxpayer as a tertiary of or the use as a tertiary injectant of the paragraph (1)(B), a clean energy coal bond injectant in a qualified enhanced oil or nat- qualified carbon dioxide, except to the ex- may be issued to reimburse a qualified bor- ural gas recovery project. tent provided in regulations prescribed by rower for amounts paid after the date of the ‘‘(b) QUALIFIED FACILITY.—For purposes of the Secretary. this section— enactment of this section with respect to a ‘‘(7) RECAPTURE.—The Secretary shall, by qualified project, but only if— ‘‘(1) IN GENERAL.—The term ‘qualified facil- regulations, provide for recapturing the ben- ‘‘(i) prior to the payment of the original ity’ means any industrial facility— efit of any credit allowable under subsection ‘‘(A) which is owned by the taxpayer, expenditure, the qualified borrower declared (a) with respect to any qualified carbon diox- its intent to reimburse such expenditure ‘‘(B) at which carbon capture equipment is ide which ceases to be captured, disposed of, placed in service, with the proceeds of a clean energy coal or used as a tertiary injectant in a manner bond; ‘‘(C) which captures not less than 500,000 consistent with the requirements of this sec- ‘‘(ii) not later than 60 days after payment metric tons of carbon dioxide during the tax- tion. of the original expenditure, the qualified able year, and ‘‘(8) INFLATION ADJUSTMENT.—In the case of issuer adopts an official intent to reimburse ‘‘(D) which is certified by the Secretary any taxable year beginning in a calendar the original expenditure with such proceeds; under paragraph (2). year after 2008, there shall be substituted for and ‘‘(2) CERTIFICATION.— each dollar amount contained in subsection ‘‘(iii) reimbursement is not made later ‘‘(A) IN GENERAL.—The Secretary, in con- (a) an amount equal to the product of— than 18 months after the date the original sultation with the Secretary of Energy, shall ‘‘(A) such dollar amount, multiplied by expenditure is paid or the date the project is establish a program under which facilities ‘‘(B) the inflation adjustment factor for placed in service or abandoned, but in no which use coal for the generation of elec- such calendar year determined under section event more than 3 years after the original tricity are certified for purposes of this sec- 43(b)(3)(B) for such calendar year, deter- expenditure is paid. tion. mined by substituting ‘2007’ for ‘1990’.’’. ‘‘(D) TREATMENT OF CHANGES IN USE.—For ‘‘(B) LIMITATION.—The total aggregate gen- (b) CONFORMING AMENDMENT.—Section 38(b) erating capacity of all facilities certified by of the Internal Revenue Code of 1986 (relat- purposes of paragraph (1)(B), the proceeds of the Secretary under this paragraph shall not ing to general business credit) is amended by an issue shall not be treated as used for a exceed 9,000 megawatts. striking ‘‘plus’’ at the end of paragraph (32), qualified project to the extent that a quali- ‘‘(c) QUALIFIED CARBON DIOXIDE.—For pur- by striking the period at the end of para- fied borrower takes any action within its poses of this section— graph (33) and inserting ‘‘, plus’’, and by add- control which causes such proceeds not to be ‘‘(1) IN GENERAL.—The term ‘qualified car- ing at the end of following new paragraph: used for a qualified project. The Secretary bon dioxide’ means carbon dioxide captured ‘‘(34) the carbon dioxide sequestration shall prescribe regulations specifying reme- from an industrial source which— credit determined under section 45Q(a).’’. dial actions that may be taken (including ‘‘(A) would otherwise be released into the (c) CLERICAL AMENDMENT.—The table of conditions to taking such remedial actions) atmosphere as industrial emissions of green- sections for subpart B of part IV of sub- to prevent an action described in the pre- house gas, and chapter A of chapter 1 of the Internal Rev- ceding sentence from causing a bond to fail ‘‘(B) is measured at the source of capture enue Code of 1986 (relating to other credits) to be a clean energy coal bond. and verified at the point of disposal or injec- is amended by adding at the end the fol- ‘‘(b) LIMITATION ON AMOUNT OF BONDS DES- tion. lowing new section: IGNATED.— ‘‘(2) RECYCLED CARBON DIOXIDE.—The term ‘‘Sec. 45Q. Credit for sequestering carbon di- ‘‘(1) NATIONAL LIMITATION.—There is a na- ‘qualified carbon dioxide’ includes the initial oxide in the generation of elec- tional clean energy coal bond limitation of deposit of captured carbon dioxide used as a tricity.’’. $5,000,000,000. tertiary injectant. Such term does not in- (d) EFFECTIVE DATE.—The amendments ‘‘(2) ALLOCATION BY SECRETARY.—The Sec- clude carbon dioxide that is re-captured, re- made by this section shall apply carbon diox- retary shall allocate the amount described in cycled, and re-injected as part of the en- ide captured after the date of the enactment paragraph (1) among qualified projects in hanced oil and natural gas recovery process. of this Act. such manner as the Secretary determines ap- ‘‘(d) SPECIAL RULES AND DEFINITIONS.—For SEC. 1047. CLEAN ENERGY COAL BONDS. propriate. purposes of this section— (a) IN GENERAL.—Subpart I of part IV of ‘‘(c) SPECIAL RULES RELATING TO EXPENDI- ‘‘(1) CREDIT PERIOD.—The term ‘credit pe- subchapter A of chapter 1 of the Internal TURES.— riod’ means, with respect to any qualified fa- Revenue Code of 1986 (relating to qualified ‘‘(1) IN GENERAL.—An issue shall be treated cility, the 10-year period beginning on the tax credit bonds) is amended by adding at as meeting the requirements of this sub- date on which qualified carbon dioxide for the end the following new section: section if, as of the date of issuance. the which a credit was allowed under subsection ‘‘SEC. 54C. CLEAN ENERGY COAL BONDS. qualified issuer reasonably expects— (a) was first captured. ‘‘(a) CLEAN ENERGY COAL BOND.—For pur- ‘‘(A) 100 percent or more of the available ‘‘(2) ONLY CARBON DIOXIDE CAPTURED WITHIN poses of this subchapter— project proceeds from the sale of the issue THE UNITED STATES TAKEN INTO ACCOUNT.— ‘‘(1) IN GENERAL.—The term ‘clean energy are to be spent for 1 or more qualified The credit under this section shall apply coal bond’ means any bond issued as part of projects within the 5-year period beginning only with respect to qualified carbon dioxide an issue if— on the date of issuance of the clean energy the capture of which is within— ‘‘(A) the bond is issued by a qualified issuer bond; ‘‘(A) the United States (within the mean- pursuant to an allocation by the Secretary ‘‘(B) a binding commitment with a third ing of section 638(1)), or to such issuer of a portion of the national party to spend at least 10 percent of such ‘‘(B) a possession of the United States clean energy coal bond limitation under sub- available project proceeds from the sale of (within the meaning of section 638(2)). section (b)(2); the issue will be incurred within the 6-month ‘‘(3) SECURE GEOLOGICAL STORAGE.—The ‘‘(B) 100 percent of the available project period beginning on the date of issuance of Secretary, in consultation with the Adminis- proceeds from the sale of such issue are to be the clean energy bond or, in the case of a

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00196 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.170 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5323 clean energy bond the available project pro- ‘‘(E) a qualified facility (within the mean- fect until such date as the Senate ratifies an ceeds of which are to be loaned to 2 or more ing of section 450(c)). international climate change agreement pur- qualified borrowers, such binding commit- ‘‘(2) POOLED FINANCING BOND.—The term suant to the Convention that— ment will be incurred within the 6-month pe- ‘pooled financing bond’ shall have the mean- (1) covers, at a minimum, all economies as riod beginning on the date of the loan of ing given such term by section 149(f)(4)(A). identified by the Major Economies Process such proceeds to a qualified borrower; and ‘‘(g) TERMINATION.—This section shall not on Energy Security and Climate Change who ‘‘(C) such projects will be completed with apply with respect to any bond issued after initially convened in Washington, DC, on due diligence and the available project pro- December 31, 2018.’’. September 27, 2007; ceeds from the sale of the issue will be spent (b) CONFORMING AMENDMENTS.— (2) requires the enactment into law by each with due diligence. (1) Paragraph (1) of section 54A(d) of the participating country of a national program ‘‘(2) EXTENSION OF PERIOD.—Upon submis- Internal Revenue Code of 1986 is amended to that requires and demonstrates greenhouse sion of a request prior to the expiration of read as follows: gas emission reduction and enforcement the period described in paragraph (1)(A), the ‘‘(1) QUALIFIED TAX CREDIT BOND.—The term mechanisms comparable to the reduction re- Secretary may extend such period if the ‘qualified tax credit bond’ means— quirements and enforcement mechanisms of qualified issuer establishes that the failure ‘‘(A) a qualified forestry conservation the United States; to satisfy the 5-year requirement is due to bond, or (3) requires each participating country to reasonable cause and the related projects ‘‘(B) a clean energy coal bond, enforce a program consistent with article 5 will continue to proceed with due diligence. which is part of an issue that meets require- of the North American agreement on envi- ‘‘(3) FAILURE TO SPEND REQUIRED AMOUNT OF ments of paragraphs (2), (3), (4), (5), and (6).’’. ronmental cooperation (with annexes), done BOND PROCEEDS WITHIN 5 YEARS.—To the ex- (2) Subparagraph (C) of section 54A(d)(2) of at Mexico, Washington, and Ottawa Sep- tent that less than 100 percent of the avail- such Code is amended to read as follows: tember 8, 9, 12, and 14, 1993, and entered into able project proceeds of such issue are ex- ‘‘(C) QUALIFIED PURPOSE.—For purposes of force on January 1, 1994; pended by the close of the 5-year period be- this paragraph, the term ‘qualified purpose’ (4) establishes globally agreed-upon stand- ginning on the date of issuance (or if an ex- means— ards for the measurement of greenhouse gas tension has been obtained under paragraph ‘‘(i) in the case of a qualified forestry con- emissions and sinks; and (2), by the close of the extended period), the servation bond, a purpose specified in section (5) requires annual reporting of greenhouse qualified issuer shall redeem all of the non- 54B(e), and gas emissions based on the established stand- qualified bonds within 90 days after the end ‘‘(ii) in the case of a clean energy coal ards. of such period. For purposes of this para- bond, a purpose specified in section graph, the amount of the nonqualified bonds 54C(f)(1).’’. SA 4959. Mr. VOINOVICH submitted required to be redeemed shall be determined (c) CLERICAL AMENDMENT.—The table of an amendment intended to be proposed in the same manner as under section 142. sections for subpart I of part IV of sub- by him to the bill S. 3036, to direct the ‘‘(d) COOPERATIVE ELECTRIC COMPANY; chapter A of chapter 1 of the Internal Rev- Administrator of the Environment Pro- QUALIFIED ENERGY TAX CREDIT BOND LENDER; enue Code of 1986 is amended by adding at tection Agency to establish a program the end the following new item: GOVERNMENTAL BODY; QUALIFIED BOR- to decrease emissions of greenhouse ROWER.—For purposes of this section— ‘‘Sec. 54C. Clean energy coal bonds.’’. gases, and for other purposes; which ‘‘(1) COOPERATIVE ELECTRIC COMPANY.—The (d) EFFECTIVE DATE.—The amendments was ordered to lie on the table; as fol- term ‘cooperative electric company’ means a made by this section shall apply to bonds mutual or cooperative electric company de- issued after December 31, 2008. lows: scribed in section 501(c)(12) or section On page 142, strike lines 14 through 19 and 1381(a)(2)(C), or a not-for-profit electric util- SA 4957. Mr. ENZI submitted an insert the following: ity which has received a loan or loan guar- amendment intended to be proposed by SEC. 432. PURPOSE. antee under the Rural Electrification Act. him to the bill S. 3036, to direct the Ad- The purpose of the board established by ‘‘(2) CLEAN ENERGY BOND LENDER.—The ministrator of the Environmental Pro- section 431 is to advance the purposes of this term ‘clean energy bond lender’ means a tection Agency to establish a program Act by— (1) assessing and certifying the extent to lender which is a cooperative which is owned to decrease emissions of greenhouse by, or has outstanding loans to, 100 or more which technology is available to achieve the cooperative electric companies and is in ex- gases, and for other purposes; which emission reductions required by this Act in istence on February 1, 2002, and shall include was ordered to lie on the table; as fol- accordance with section 436; and any affiliated entity which is controlled by lows: (2) subject to certification under that sec- such lender. At the end of title XVII, add the following: tion, using the funds made available to the ‘‘(3) PUBLIC POWER ENTITY.—The term ‘pub- Subtitle H—Requirement of Electric Utilities board under titles VIII through XI to accel- lic power entity’ means a State utility with Relating to Increases in Electric Utility erate the commercialization and diffusion of a service obligation, as such terms are de- Bills of Consumers low- and zero-carbon technologies and prac- fined in section 217 of the Federal Power Act SEC. 1771. REQUIREMENT OF ELECTRIC UTILI- tices. (as in effect on the date of enactment of this TIES. Beginning on page 145, strike line 17 and all that follows through page 147, line 14, and paragraph). (a) FINDINGS.—Congress finds that— ‘‘(4) QUALIFIED ISSUER.—The term ‘quali- (1) this Act will increase the cost of elec- insert the following: fied issuer’ means— tricity paid by consumers; and SEC. 436. REQUIREMENTS. ‘‘(A) a clean energy bond lender; (2) consumers have a right to know the ad- (a) COMPOSITION.—The board established by ‘‘(B) a cooperative electric company; or ditional amounts that this Act contributes section 431 (referred to in this section as the ‘‘(C) a public power entity. to the electric utility bills of the consumers. ‘‘board’’) shall be composed of— ‘‘(5) QUALIFIED BORROWER.—The term (b) REQUIREMENT.—Any electric utility (1) the Director of the Office of Science and ‘qualified borrower’ means— that includes an increase in the amount of Technology Policy, who shall serve as chair- ‘‘(A) a mutual or cooperative electric com- the electric utility bill of a consumer of the person of the board; pany described in section 501(c)(12) or electric utility resulting from the implemen- (2) the Secretary of Agriculture; 1381(a)(2)(C); or tation of this Act shall include in the elec- (3) the Secretary of Commerce; ‘‘(B) a public power entity. tric utility bill of the consumer a clear and (4) the Secretary of Energy; and ‘‘(e) SPECIAL RULES RELATING TO POOL concise description of each factor that re- (5) the Administrator. BONDS.—No portion of a pooled financing sulted in the increase of the amount. (b) ASSESSMENT; CERTIFICATION.— bond may be allocable to any loan unless the (1) ASSESSMENT.—As soon as practicable borrower has entered into a written loan SA 4958. Mr. VOINOVICH (for him- after the date of enactment of this Act, and commitment for such portion prior to the self, Mr. LUGAR, Mr. INHOFE, and Mr. not less frequently than once every 2 years issue date of such issue. CHAMBLISS) submitted an amendment thereafter, the board shall assess, based on ‘‘(f) OTHER DEFINITIONS AND SPECIAL intended to be proposed by him to the the best available technology in the electric RULES.—For purposes of this section— bill S. 3036, to direct the Administrator power, industrial, and transportation sec- ‘‘(1) QUALIFIED CLEAN COAL PROJECT.—For tors— purposes of this section, the term ‘qualified of the Environmental Protection Agen- (A) the extent to which technology is clean coal project’ means— cy to establish a program to decrease available to achieve the emission reductions ‘‘(A) an atmospheric pollution control fa- emissions of greenhouse gases, and for required by this Act, including an assess- cility (within the meaning of section other purposes; which was ordered to ment of technologies lagging in development 169(d)(5)(C)); lie on the table; as follows: or widespread commercial deployment, or ‘‘(B) a closed-loop biomass facility (within On page 423, after line 25, insert the fol- both; the meaning of section 45(d)(2)); lowing: (B) the extent to which technology is cost- ‘‘(C) a qualified new clean coal power plant SEC. 1308. CERTIFICATION OF INTERNATIONAL effective in achieving the reductions re- (within the meaning of section 48C(d)(1)); COMPLIANCE. quired by this Act; ‘‘(D) qualifying carbon dioxide equipment The emission limitations required by this (C) the impact of the use of technology on described in section 48D(c)(1); or Act for calendar year 2012 shall not take ef- the public health and the environment;

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00197 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.170 S05JNPT1 smartinez on PROD1PC64 with SENATE S5324 CONGRESSIONAL RECORD — SENATE June 5, 2008 (D) the impact of the use of technology on legislature, may submit to the Secretary a proposed by him to the bill S. 3036, to the energy security of the United States; and petition requesting that the Secretary make direct the Administrator of the Envi- (E) the impact of the use of the technology a new producing area of the State eligible for ronmental Protection Agency to estab- to achieve emission reductions on job cre- oil leasing, gas leasing, or both, as deter- lish a program to decrease emissions of ation, the price and supply of agricultural mined by the State, in accordance with the commodities, and rural economic develop- Outer Continental Shelf Lands Act (43 U.S.C. greenhouse gases, and for other pur- ment. 1331 et seq.) and the Mineral Leasing Act (30 poses; which was ordered to lie on the (2) REPORT AND CERTIFICATION.—On comple- U.S.C. 181 et seq.). table; as follows: tion of each assessment under paragraph (1), (2) NATURAL GAS LEASING ONLY.—The Gov- At the end, add the following: the board shall submit to Congress— ernor of a State, with the concurrence of the TITLE XVIII—ENERGY NEEDED OFFSHORE (A) a report describing the results of the State legislature, may, in a petition sub- UNDER GAS HIKES assessment; and mitted under paragraph (1), make a request (B) if applicable, a certification that the to allow natural gas leasing only. SEC. 1801. DEFINITIONS. technology necessary to reduce emissions in (3) ACTION BY SECRETARY.—As soon as prac- In this title: accordance with the requirements of this Act ticable after the date on which the Secretary (1) ELIGIBLE PRODUCING STATE.—The term is available, cost-effective, and environ- receives a petition under paragraph (1), the ‘‘eligible producing State’’ means— mentally sound for the electric power, indus- Secretary shall approve or disapprove the pe- (A) a new producing State; and trial, and transportation sectors. tition. (B) any other producing State that has, (3) EFFECT ON EMISSION LIMITATIONS.— (b) DISPOSITION OF QUALIFIED OUTER CONTI- within the offshore administrative bound- (A) INITIAL PERIOD.—No emission limita- NENTAL SHELF REVENUES FROM ELIGIBLE aries beyond the submerged land of a State, tion established by this Act shall apply until PRODUCING STATES.—Notwithstanding sec- areas available for oil leasing, natural gas such date as the board submits the initial tion 9 of the Outer Continental Shelf Lands leasing, or both. Act (43 U.S.C. 1338), for each applicable fiscal certification required under paragraph (2)(B). (2) NEW PRODUCING AREA.—The term ‘‘new year, the Secretary of the Treasury shall de- (B) SUBSEQUENT PERIODS.—No adjustment producing area’’ means an area that is— posit— to an emission limitation required by this (A) within the offshore administrative (1) 25 percent of qualified revenues in the Act shall apply until such date as the board boundaries beyond the submerged land of a general fund of the Treasury; and submits the certification required under State; and (2) 75 percent of qualified revenues in a spe- paragraph (2)(B) for the period during which (B) not available for oil or natural gas leas- cial account in the Treasury, from which the the adjustment is scheduled to occur. ing as of the date of enactment of this Act. Secretary shall disburse— (c) NATIONAL RESEARCH COUNCIL RE- (3) NEW PRODUCING STATE.—The term ‘‘new (A) 37.5 percent to eligible producing PORTS.—The board may request from the Na- producing State’’ means a State with respect States for new producing areas, to be allo- tional Research Council such reports as the to which a petition has been approved by the cated in accordance with subsection (c)(1); board determines to be necessary and appro- Secretary under section 3(a). (B) 12.5 percent to provide financial assist- priate to assist the board in carrying out (4) QUALIFIED REVENUES.—The term ‘‘quali- ance to States in accordance with section 6 this subtitle. fied revenues’’ means all rentals, royalties, of the Land and Water Conservation Fund bonus bids, and other sums due and payable Act of 1965 (16 U.S.C. 460l–8); SA 4960. Mr. VITTER (for himself to the United States from leases entered into (C) 5 percent to small business develop- and Mr. CRAIG) submitted an amend- on or after the date of enactment of this Act ment centers to provide— for new producing areas. ment intended to be proposed by him (i) technical assistance to small businesses (5) SECRETARY.—The term ‘‘Secretary’’ to the bill S. 3036, to direct the Admin- relating to beginning operation; or means the Secretary of the Interior. istrator of the Environment Protection (ii) ongoing counseling; Agency to establish a program to de- (D) 5 percent to carry out programs under SEC. 1802. OIL AND NATURAL GAS LEASING IN crease emissions of greenhouse gases, the Adam Walsh Child Protection and Safety NEW PRODUCING AREAS. and for other purposes; which was or- Act of 2006 (42 U.S.C. 16901 et seq.); (a) DETERMINATION BY SECRETARY.—Not later than 1 year after the date of enactment dered to lie on the table; as follows: (E) 5 percent to provide assistance under the low-income home energy assistance pro- of this Act, and annually thereafter, the Sec- At the end, add the following: gram established under the Low-Income retary shall determine whether, as a result TITLE XVIII—ENERGY NEEDED OFFSHORE Home Energy Assistance Act of 1981 (42 of the requirements of this Act, the national UNDER GAS HIKES U.S.C. 8621 et seq.); average residential natural gas price has in- SEC. 1801. DEFINITIONS. (F) 2.5 percent to provide assistance under creased during the period beginning on the In this title: the Maternal and Child Health Block Grant date of enactment of this Act and ending on (1) ELIGIBLE PRODUCING STATE.—The term under title V of the Social Security Act (42 the date on which the determination is ‘‘eligible producing State’’ means— U.S.C. 701 et seq.); made. (A) a new producing State; and (G) 2.5 percent to States for historic off- (b) PETITION FOR LEASING NEW PRODUCING (B) any other producing State that has, shore production distribution; and AREAS.— within the offshore administrative bound- (H) 5 percent of qualified revenues to the (1) IN GENERAL.—Notwithstanding any aries beyond the submerged land of a State, Highway Trust Fund. other provision of law, if the Secretary de- areas available for oil leasing, natural gas (c) ALLOCATION TO ELIGIBLE PRODUCING termines that an increase in the national av- leasing, or both. STATES.— erage residential natural gas price has oc- (2) NEW PRODUCING AREA.—The term ‘‘new (1) IN GENERAL.—The amount made avail- curred, the Governor of a State, with the producing area’’ means an area that is— able under subsection (b)(2)(A) shall be allo- concurrence of the State legislature, may (A) within the offshore administrative cated to eligible producing States in submit to the Secretary a petition request- boundaries beyond the submerged land of a amounts (based on a formula established by ing that the Secretary make a new pro- State; and the Secretary by regulation) that are in- ducing area of the State eligible for natural (B) not available for oil or natural gas leas- versely proportional to the respective dis- gas leasing in accordance with the Outer ing as of the date of enactment of this Act. tances between the point on the coastline of Continental Shelf Lands Act (43 U.S.C. 1331 (3) NEW PRODUCING STATE.—The term ‘‘new each eligible producing State that is closest et seq.) and the Mineral Leasing Act (30 producing State’’ means a State with respect to the geographic center of the applicable U.S.C. 181 et seq.). to which a petition has been approved by the leased tract and the geographic center of the (2) NATURAL GAS LEASING ONLY.—The Gov- Secretary under section 3(a). leased tract, as determined by the Secretary. ernor of a State, with the concurrence of the (4) QUALIFIED REVENUES.—The term ‘‘quali- (2) USE.—Amounts allocated to an eligible State legislature, may, in a petition sub- fied revenues’’ means all rentals, royalties, producing State under paragraph (1) shall be mitted under paragraph (1), make a request bonus bids, and other sums due and payable used to address the impacts of any oil and to allow natural gas leasing only. to the United States from leases entered into natural gas exploration and production ac- (3) ACTION BY SECRETARY.—As soon as prac- on or after the date of enactment of this Act tivities under this title. ticable after the date on which the Secretary for new producing areas. (d) EFFECT.—Nothing in this title affects— receives a petition under paragraph (1), the (5) SECRETARY.—The term ‘‘Secretary’’ (1) the amount of funds otherwise dedi- Secretary shall approve or disapprove the pe- means the Secretary of the Interior. cated to the land and water conservation tition. SEC. 1802. OIL AND NATURAL GAS LEASING IN fund established under section 2 of the Land (c) DISPOSITION OF QUALIFIED OUTER CONTI- NEW PRODUCING AREAS. and Water Conservation Fund Act of 1965 (16 NENTAL SHELF REVENUES FROM ELIGIBLE (a) PETITION FOR LEASING NEW PRODUCING U.S.C. 460l–5); or PRODUCING STATES.—Notwithstanding sec- AREAS.— (2) any authority that permits energy pro- tion 9 of the Outer Continental Shelf Lands (1) IN GENERAL.—Notwithstanding any duction under any other provision of law. Act (43 U.S.C. 1338), for each applicable fiscal other provision of law, during any period in year, the Secretary of the Treasury shall de- which the price per gallon of regular gasoline SA 4961. Mr. VITTER (for himself posit— is equal to or greater than $5, the Governor and Mr. CRAIG, and Mr. VOINOVICH) sub- (1) 25 percent of qualified revenues in the of a State, with the concurrence of the State mitted an amendment intended to be general fund of the Treasury; and

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00198 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.169 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5325 (2) 75 percent of qualified revenues in a spe- ceutical sectors) of the United States would Shelf are under lease by the oil and natural cial account in the Treasury, from which the be displaced during the following calendar gas industry, but are not producing; Secretary shall disburse— year as a result of the implementation of (7) the major integrated oil companies (A) 37.5 percent to eligible producing this Act, the Administrator, in consultation have failed to invest an adequate amount of States for new producing areas, to be allo- with the Secretary of Labor, shall increase the $600,000,000,000 in net profits the compa- cated in accordance with subsection (d)(1); the quantity of emission allowances provided nies have collected during the past 7 years (B) 12.5 percent to provide financial assist- under this Act for that calendar year, as the on clean and affordable domestically pro- ance to States in accordance with section 6 Secretary of Labor determines to be appro- duced renewable fuels that can improve na- of the Land and Water Conservation Fund priate, to ensure that not more than 5,000 tional security and reduce greenhouse gas Act of 1965 (16 U.S.C. 460l–8); employees in manufacturing-related jobs in emissions; (C) 5 percent to small business develop- natural gas-intensive sectors (such as the (8) according to Energy Information Ad- ment centers to provide— fertilizer, cement, and pharmaceutical sec- ministration analyses, the economy-wide (i) technical assistance to small businesses tors) of the United States would be so dis- carbon cap and trade system under this Act relating to beginning operation; or placed. will spur the development of clean alter- (ii) ongoing counseling; natives, and average household gasoline (D) 5 percent to carry out programs under SA 4963. Mrs. BOXER submitted an spending will decrease by 2020 because of the Adam Walsh Child Protection and Safety amendment intended to be proposed by greater fuel efficiency and changes in the Act of 2006 (42 U.S.C. 16901 et seq.); her to the bill S. 3036, to direct the Ad- fuels market; (E) 5 percent to provide assistance under ministrator of the Environmental Pro- (9) even while the Energy Information Ad- the low-income home energy assistance pro- tection Agency to establish a program ministration projects that per-household gram established under the Low-Income spending on gasoline will decrease, an in- Home Energy Assistance Act of 1981 (42 to decrease emissions of greenhouse crease of less than 2 cents per year per gallon U.S.C. 8621 et seq.); gases, and for other purposes; which of fuel through 2030 would be attributable to (F) 2.5 percent to provide assistance under was ordered to lie on the table; as fol- the implementation of this Act—compared the Maternal and Child Health Block Grant lows: to an increase of more than 73 cents per gal- under title V of the Social Security Act (42 Beginning on page 9, strike line 1 and all lon since last year at this time; and U.S.C. 701 et seq.); that follows through page 16, line 16. (10) the implementation of this Act will (G) 2.5 percent to States for historic off- On page 17, strike lines 4 through 23. produce cost savings through energy effi- shore production distribution; and Beginning on page 18, strike line 4 and all ciency investments and provide funds for tax (H) 5 percent of qualified revenues to the that follows through page 19, line 7. relief for consumers. Highway Trust Fund. On page 19, strike lines 11 through 16. (b) SENSE OF SENATE.—It is the sense of the (d) ALLOCATION TO ELIGIBLE PRODUCING Beginning on page 19, strike line 24 and all Senate that— STATES.— that follows through page 23, line 8. (1) oil companies should be— (1) IN GENERAL.—The amount made avail- Beginning on page 23, strike line 12 and all (A) investing a significant percentage of able under subsection (c)(2)(A) shall be allo- that follows through page 26, line 16. their enormous net profits in developing cated to eligible producing States in On page 27, strike lines 1 through 23. clean, affordable, and domestically produced amounts (based on a formula established by Beginning on page 28, strike line 3 and all low-carbon alternatives to petroleum and the Secretary by regulation) that are in- that follows through page 29, line 4. other finite resources; and versely proportional to the respective dis- Beginning on page 29, strike line 8 and all (B) producing more oil and natural gas sup- tances between the point on the coastline of that follows through page 30, line 19. plies from existing available leases in envi- each eligible producing State that is closest On page 31, strike lines 5 through 18. ronmentally appropriate areas, using the to the geographic center of the applicable On page 38, strike lines 14 through 18. best available and safest technologies; leased tract and the geographic center of the On page 41, strike lines 4 through 8. (2) Congress should suspend royalty relief leased tract, as determined by the Secretary. On page 43, strike lines 1 through 5. for major oil companies during times of high (2) USE.—Amounts allocated to an eligible On page 52, strike lines 3 through 7. prices and use those revenues to assist en- producing State under paragraph (1) shall be Beginning on page 63, strike line 8 and all ergy consumers; used to address the impacts of any oil and that follows through the end. (3) Congress should eliminate tax breaks natural gas exploration and production ac- and loopholes for major oil companies and tivities under this title. SA 4964. Mrs. BOXER submitted an use those revenues to assist energy con- (e) EFFECT.—Nothing in this title affects— amendment intended to be proposed by sumers; (1) the amount of funds otherwise dedi- her to the bill S. 3036, to direct the Ad- (4) the President should support legislation cated to the land and water conservation ministrator of the Environmental Pro- to make price gouging a Federal crime; and fund established under section 2 of the Land (5) the Administration should take swift and Water Conservation Fund Act of 1965 (16 tection Agency to establish a program action to implement existing statutory di- U.S.C. 460l–5); or to decrease emissions of greenhouse rection to limit energy market manipula- (2) any authority that permits energy pro- gases, and for other purposes; which tion, increase transparency, and protect con- duction under any other provision of law. was ordered to lie on the table; as fol- sumers. lows: SA 4962. Mr. VITTER submitted an At the end of subtitle D of title XI, add the SA 4965. Mr. BROWN submitted an amendment intended to be proposed by following: amendment intended to be proposed by him to the bill S. 3036, to direct the Ad- SEC. 11ll. SENSE OF SENATE ON ASSISTING him to the bill S. 3036, to direct the Ad- ministrator of the Environment Pro- CONSUMERS WITH GASOLINE AND ministrator of the Environmental Pro- tection Agency to establish a program DIESEL PRICES. tection Agency to establish a program to decrease emissions of greenhouse (a) FINDINGS.—Congress finds that— to decrease emissions of greenhouse gases, and for other purposes; which (1) consumers are paying more than $2.50 gases, and for other purposes; which more for a gallon of gasoline or diesel than was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- lows: they paid just 7 years ago, in January 2001, when gas averaged $1.37 per gallon and diesel lows: At the end of title V, add the following: averaged $1.52 per gallon; On page 459, strike lines 5 through 7 and in- Subtitle J—Protection From Job Loss (2) the 5 large integrated oil companies sert the following: SEC. 591. PROTECTION FROM JOB LOSS. alone tripled their profits during the period SEC. 1404. DISBURSEMENTS FROM FUND. (a) IN GENERAL.—Not later than 1 year of 2001 through 2007, when the profit of those Except as provided in section 1780, no dis- after the date of enactment of this Act, and companies increased from $39,000,000,000 to bursement shall be made from the Deficit annually thereafter, the Secretary of Labor $116,000,000,000; Reduction Fund, except pursuant to an ap- shall submit to the Administrator and Con- (3) tax breaks for major integrated oil propriation Act. gress a report describing whether more than companies are worth billions of dollars each At the end of title XVII, add the following: year; 5,000 employees in manufacturing-related Subtitle H—Green Energy Production jobs in natural gas-intensive sectors (such as (4) high energy prices are harming house- the fertilizer, cement, and pharmaceutical holds, the economy, and the competitiveness SEC. 1771. SHORT TITLE. sectors) of the United States would be dis- of the United States; This subtitle may be cited as the ‘‘Green placed during the following calendar year as (5) as of the date of enactment of this Act, Energy Production Act of 2008’’. a result of the implementation of this Act. millions of onshore acres are under lease by SEC. 1772. DEFINITIONS. (b) ADJUSTMENT OF ALLOWANCES.—If a re- the oil and natural gas industry for explo- In this subtitle: port under subsection (a) indicates that more ration and drilling, but are not being used (1) BIOMASS.—The term ‘‘biomass’’ has the than 5,000 employees in manufacturing-re- for production; meaning given the term ‘‘renewable bio- lated jobs in natural gas-intensive sectors (6) as of the date of enactment of this Act, mass’’ in section 211(o)(1) of the Clean Air (such as the fertilizer, cement, and pharma- millions of acres on the outer Continental Act (42 U.S.C. 7545(o)(1)).

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(2) ENVIRONMENTALLY PROTECTIVE.—The known as the ‘‘Administrative Procedure excess of or less than the amounts required term ‘‘environmentally protective’’ means, Act’’); and to be transferred. with respect to technology, technology (B) all other Federal law applicable to SEC. 1776. COMPONENT PROGRAMS. that— quasi-autonomous agencies within the De- (a) GREEN DEVELOPMENT LOANS.—The Cor- (A) is most likely to result in the least im- partment of Energy. poration shall establish and carry out a loan pact to land, forests, water quantity and (5) ADMINISTRATIVE COSTS.—The Secretary program to carry out the purposes described quality, air quality, and wildlife habitat; and shall— in section 1773 (including conducting, or pro- (B) possesses the highest potential for (A) be responsible for paying all adminis- viding for the conduct of, scientific or tech- long-term sustained production of green en- trative costs of the Corporation; and nological inquiry and experimentation in the ergy. (B) in conjunction with the Board of Direc- physical sciences). (3) GREEN ENERGY.— tors of the Corporation, take every reason- (b) GREEN MARKETS PROGRAM.—The Cor- (A) IN GENERAL.—The term ‘‘green energy’’ able action to reduce and minimize adminis- poration shall establish and carry out a has the meaning given the term ‘‘renewable trative costs of carrying out this section and grant program— energy’’. the program. (1) to assist entities, including entities (B) INCLUSION.—The term ‘‘green energy’’ (b) BOARD OF DIRECTORS.— that are not eligible for small business inno- includes energy derived from coal produced (1) IN GENERAL.—The Board of Directors of vative research funding, to receive grants to in a manner that— the Corporation shall consist of 7 members, commercialize green energy products; and (i) sequesters carbon from carbon dioxide appointed by the President, by and with the (2) to assist small and medium-sized busi- emissions at a minimum 85 percent capture advice and consent of the Senate, who are— nesses with funding to acquire, renovate, or rate on an annual basis; and (A) leaders from industry, labor, academia, construct facilities or purchase of equipment (ii) complies with section 1421(d) of the government, and nongovernment organiza- for— Safe Drinking Water Act (42 U.S.C. 300h(d)). tions; and (A) research programs; (4) INSTITUTION OF HIGHER EDUCATION.—The (B) selected based on having the necessary (B) technology development; term ‘‘institution of higher education’’ has expertise— (C) product development; and the meaning given the term in section 101 of (i) to build world-class applied research ca- (D) commercialization programs. the Higher Education Act of 1965 (20 U.S.C. pability; 1001)). (c) GREEN REDEVELOPMENT, OPPORTUNITY, (ii) to assist entrepreneurial innovators in AND WORKFORCE GRANTS.—The Corporation (5) RENEWABLE ENERGY.—The term ‘‘renew- accelerating formation and attraction of shall establish and carry out a grant pro- able energy’’ means electric energy gen- technology-based businesses; erated at a facility (including a distributed gram— (iii) to create product innovation; (1) to assist small and medium-sized busi- generation facility) from solar, wind, fuel (iv) to market the manufacturing competi- cells, biomass, geothermal, ocean energy, or nesses in accelerating new product develop- tiveness of the United States; ment and commercialization of technology landfill gas. (v) to create domestic jobs and skills devel- (6) SECRETARY.—The term ‘‘Secretary’’ products; opment opportunities in emerging domestic means the Secretary of Energy. (2) to assist small and medium-sized busi- markets; and (7) TARGET AREA.—The term ‘‘target area’’ nesses in capitalizing on early-stage invest- (vi) to evaluate and advise on environ- means— ment, particularly those businesses that pro- mental sustainability and climate change. (A) an area that has experienced a signifi- vide evidence of a capability to meet a green (2) CHAIRPERSON.—The President shall ap- cant loss of manufacturing employment; marketplace need; point, by and with the advice and consent of (B) an area with a large manufacturing ca- (3) to create and maintain jobs within the the Senate, 1 member of the Board of Direc- pacity; United States; tors to serve as Chairperson (C) an area with an unemployment rate (4) to assist local governments in improv- that is higher than the national average un- (c) TERM OF SERVICE.— ing infrastructure for related businesses in employment rate; and (1) IN GENERAL.—Each member of the Board accordance with this section; (D) priority for an area that includes a of Directors shall be appointed for a term of (5) to seek and develop innovative ways of brownfield site (as defined in section 101 of 5 years. assisting businesses and communities in the Comprehensive Environmental Response, (2) ADDITIONAL TERMS.—The President may achieving the goals of this subtitle; Compensation, and Liability Act of 1980 (42 appoint, by and with the advice and consent (6) to redeploy underused manufacturing U.S.C. 9601)). of the Senate, a member of the Board to capacity; serve additional terms of service. SEC. 1773. ESTABLISHMENT OF PROGRAM. (7) to capitalize on export opportunities; The Secretary shall establish a green tech- (d) RESPONSIBILITIES.—The Corporation (8) to revitalize depressed manufacturing nology investment program to develop high- shall allocate funds, provide grants, and communities; and tech green research capabilities, promote carry out programs under section 1776, for all (9) to search for and develop innovative green innovation and green energy invest- phases of technology commercialization, in ways to design environmentally protective ment, and increase scientific knowledge that accordance with this subtitle. technologies and best practices and dem- may reveal the basis for new or enhanced SEC. 1775. GREEN TECHNOLOGY INVESTMENT onstrate commercial green energy produc- products, equipment, or processes, in target FUND. tion. areas by— (a) ESTABLISHMENT.—There is established (d) GREEN ENERGY MANUFACTURING (1) assisting in the research and develop- in the Treasury of the United States a fund, LOANS.—The Corporation shall establish a ment of projects that design, create, or for- to be known as the ‘‘Green Technology In- program to encourage financial institutions mulate new or enhanced products, equip- vestment Fund’’ (referred to in this section approved by the Corporation to make loans ment, or processes; as the ‘‘Fund’’), consisting of such amounts to for-profit or nonprofit small businesses (2) expanding and supporting world-class as are appropriated to the Fund under sec- that are having difficulty obtaining business research facilities; tion 1780. loans through conventional underwriting (3) supporting capital formation and the (b) EXPENDITURES FROM FUND.— standards. development of innovative products; and (1) IN GENERAL.—Subject to paragraph (2), (e) GREEN ENERGY COMMUNITY PILOT PRO- (4) financing advanced manufacturing on request by the Corporation, the Secretary GRAM.— technologies to help new and existing indus- of the Treasury shall transfer from the Fund (1) IN GENERAL.—The Corporation shall es- tries become more productive, more environ- to the Corporation such amounts as the Cor- tablish a pilot program under which the Cor- mentally protective, and carbon-neutral. poration determines are necessary to provide poration shall provide grants to 5 green en- SEC. 1774. GREEN TECHNOLOGY INVESTMENT grants, loans, and other assistance, and oth- ergy communities designated by the Cor- CORPORATION. erwise carry out programs, under this sub- poration to assist the communities— (a) ESTABLISHMENT.— title (other than section 1778). (A) to establish models for green energy (1) IN GENERAL.—There is established in the (2) ADMINISTRATIVE EXPENSES.—An amount communities; Department of Energy a corporation to be not exceeding 10 percent of the amounts in (B) to reduce the traditional energy con- known as the ‘‘Green Technology Investment the Fund shall be available for each fiscal sumption of the communities by using more Corporation’’. year to pay the administrative expenses nec- green energy and reducing energy consump- (2) MEETINGS.—The Corporation shall meet essary to carry out this subtitle. tion through innovative efficiency programs; at least 4 times during each fiscal year. (c) TRANSFERS OF AMOUNTS.— and (3) RULES FOR CORPORATION BUSINESS.—Not (1) IN GENERAL.—The amounts required to (C) to lower energy costs for consumers later than 1 year after the date of enactment be transferred to the Fund under this section and local government organizations. of this Act, the Corporation shall establish shall be transferred at least monthly from (2) ELIGIBILITY.—To be eligible for designa- rules for the conduct of business of the Cor- the general fund of the Treasury to the Fund tion as a green energy community under this poration. on the basis of estimates made by the Sec- subsection, a community shall be a target (4) APPLICABLE AUTHORITY.—The Corpora- retary of the Treasury. area. tion shall be subject to— (2) ADJUSTMENTS.—Proper adjustment shall (3) DURATION.— (A) subchapter II of chapter 5, and chapter be made in amounts subsequently trans- (A) IN GENERAL.—The Corporation shall 7, of title 5, United States Code (commonly ferred to the extent prior estimates were in make grants to green energy communities

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designated under this subsection for a term (A) the eligibility of students, educators, (c) ELIGIBLE APPLICANTS.—The Corporation of 10 years. and businesses to participate in the program; may provide a grant, loan, or other assist- (B) RENEWAL.—Grants made to a green en- and ance under this subtitle to— ergy community under this subsection may (B) application contents and procedures. (1) a political subdivision or nonprofit eco- be renewed for additional 10-year terms if (i) GREEN ENERGY TECHNOLOGY APPREN- nomic development organization; the community continues to meet the eligi- TICESHIP PROGRAM.— (2) a municipality, local government, com- bility requirements of paragraph (2). (1) IN GENERAL.—The Corporation shall es- munity, or institution of higher education (including a technical educational institu- (f) GREEN ENERGY INSTITUTION OF HIGHER tablish a green energy technology appren- ticeship program under which— tion); and EDUCATION PILOT PROGRAM.— (A) apprentices and employers in the (3) a private, for-profit entity, with the (1) IN GENERAL.—The Corporation shall es- unanimous approval by the Board of Direc- tablish a pilot program under which the Cor- United States are paired with businesses of tors of the Corporation. poration shall provide grants to 5 green en- all sizes in the United States; and (B) those businesses are encouraged— (d) FUNDS ALLOCATED.—The Corporation ergy institutions of higher education des- shall determine the maximum and minimum ignated by the Corporation to assist the in- (i) to develop cutting-edge, high-tech skills in participating students; amount provided for each program and pro- stitutions of higher education— gram recipient under this subtitle in order to (A) to establish models for green energy in- (ii) to ultimately offer full-time employ- ment to those students after completion; and maximize the purposes of this subtitle. stitutions of higher education; (e) REPORT.—Not later than 1 year after (B) to reduce the traditional energy con- (iii) to work closely with organized labor. (2) GOAL.—As a goal for the green energy the date of enactment of this Act, and annu- sumption of the institutions of higher edu- ally thereafter, the Corporation shall submit cation by using more green energy and re- technology apprenticeship program, the Cor- poration shall, to the maximum extent prac- to Congress a report that describes all activi- ducing energy consumption through innova- ties of the Corporation carried out using tive efficiency programs; and ticable, provide reimbursement for not more than the higher of 50 percent or $5,000 of the funds made available under this subtitle, in- (C) to lower energy costs for the institu- cluding, for the year covered by the report, a tions of higher education and students. wages paid to a participating apprentice, if the business paired with the apprentice description of— (2) ELIGIBILITY.—To be eligible for designa- agrees to make every effort to offer full-time (1) each grant, loan, or other award of as- tion as a green energy institution of higher sistance provided under this subtitle; and education under this subsection, an institu- employment to the apprentice on the com- pletion of the apprenticeship. (2) the reason for each grant, loan, or other tion of higher education shall be located in a award. target area. (3) REQUIREMENTS.—The Corporation shall establish requirements for participation in SEC. 1778. ENERGY EFFICIENCY GRANTS. (3) DURATION.—The Corporation shall make (a) IN GENERAL.—The Secretary shall es- grants to green energy institutions of higher the green energy technology apprenticeship program, including requirements relating tablish an energy efficiency grant program education designated under this subsection under which the Secretary shall provide for a term of 10 years. to— (A) the eligibility of apprentices, organized grants to eligible recipients, on a dollar-for- (g) NATIONAL GUARD BASE GREEN ENERGY labor, trades, and businesses to participate dollar matching basis, for implementing con- GRANT PILOT PROGRAM.— in the program; servation programs that are designed to re- (1) IN GENERAL.—The Corporation shall es- (B) partnerships with organized labor ap- duce consumer energy use to the maximum extent practicable. tablish a pilot program under which the Cor- prenticeship programs; and (b) ELIGIBLE RECIPIENTS.—Recipients that poration shall provide grants to 5 States for (C) application contents and procedures. green energy National Guard bases des- are eligible to receive grants under this sec- SEC. 1777. CRITERIA FOR PROVISION OF GRANTS, tion include— ignated by the Corporation to assist the Na- LOANS, AND OTHER ASSISTANCE. tional Guard bases in those States— (1) energy producers; (a) ELIGIBLE PROJECTS.— (A) to establish models for green energy (2) municipal power organizations; and (1) IN GENERAL.—The Corporation shall pro- National Guard bases; (3) rural electric cooperatives. vide grants, loans, and other assistance in (c) PRIORITY.—In making grants under this (B) to reduce the traditional energy con- accordance with the programs under section section, the Secretary shall give priority to sumption of the National Guard bases by 1776 for projects that, as determined by the programs that are designed to reduce con- using more green energy and reducing en- Corporation— sumer end-use of energy over programs that ergy consumption through innovative effi- (A) offer the best technology, research, and are designed to reduce the consumer use of ciency programs; and commercialization for the United States; energy. (C) to lower energy costs for the National (B) permit anticipation and action on mar- (d) REDUCTION IN ENERGY USES.—In making Guard and States. ket opportunities; grants under this section, the Secretary LIGIBILITY.—To be eligible for designa- (2) E (C) encourage industry involvement; shall allocate grants, and provide minimum tion as a green energy National Guard base (D) facilitate investment at the intersec- and maximum award criteria for the grants, under this subsection, a National Guard base tion of core competency areas; in a manner that maximizes the reduction in shall be located in a target area. (E) recruit world-class talent and high- energy use. (3) DURATION.—The Corporation shall make growth companies; (e) AUTHORIZATION OF APPROPRIATIONS.— grants to green energy National Guard bases (F) create economic opportunity for target There is authorized to be appropriated to designated under this subsection for a term areas; carry out this section $150,000,000 for each of of 10 years. (G) engage regional partners; fiscal years 2009 through 2013. (h) GREEN ENERGY TECHNOLOGY INTERNSHIP (H) emphasize accountability and metrics; SEC. 1779. ADMINISTRATION. PROGRAM.— (I) upon completion, will serve as sites and Notwithstanding any other provision of (1) IN GENERAL.—The Corporation shall es- facilities primarily intended for commercial, this subtitle, none of the funds made avail- tablish a green energy technology internship industrial, or manufacturing use; and able to carry out this subtitle may be used program under which— (J) advance environmental protection. to carry out any project, activity, or expense (A) students and educators at colleges and (2) PRIORITY.—In carrying out paragraph that is not located within the United States. universities in the United States are paired (1), the Corporation— SEC. 1780. AUTHORIZATION OF APPROPRIATIONS. with businesses of all sizes in the United (A) shall give priority to— Of amounts deposited in the Deficit Reduc- States; and (i) renewable energy, carbon-neutral tion Fund under section 1403, the Secretary (B) those businesses are encouraged— projects; and of the Treasury shall transfer to the Fund to (i) to develop cutting-edge, high-tech skills (ii) projects that advance environmentally carry out this subtitle (other than section in participating students; and protective goals, with a particular emphasis 1778), to remain available until expended— (ii) to ultimately offer full-time employ- on best practices and innovative technology (1) $1,000,000,000 for fiscal year 2009; ment to those students after graduation. that reduce negative impacts on a commer- (2) $5,000,000,000 for fiscal year 2010; and (2) GOAL.—The Corporation shall establish cial scale; and (3) $10,000,000,000 for each of fiscal years as a goal for the green energy technology in- (B) may consider and give priority to the 2011 through 2013. ternship program the reimbursement by the potential of a project to develop or improve Corporation, of not more than the greater of innovative, cutting-edge technology for SA 4966. Mr. BROWN (for himself, 50 percent or $5,000 of the wages paid to a green energy projects that are carbon neu- Ms. STABENOW, and Mr. LEVIN) sub- participating student or educator, on the tral. mitted an amendment intended to be condition that, in the case of a participating (b) BASIS.—A grant, loan, or other assist- proposed by him to the bill S. 3036, to student, the business strives for the possi- ance provided under this subtitle— direct the Administrator of the Envi- bility of full-time employment of the stu- (1) shall be based on the best available ronmental Protection Agency to estab- dent after graduation. technology, research, and commercializa- (3) REQUIREMENTS.—The Corporation shall tion, with a focus on diversity of green tech- lish a program to decrease emissions of establish requirements for participation in nologies; and greenhouse gases, and for other pur- the green energy technology internship pro- (2) shall not be provided solely on a geo- poses; which was ordered to lie on the gram, including requirements relating to— graphical basis. table; as follows:

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Beginning on page 183, strike line 15 and (C) ALLOCATIONS TO INDIVIDUAL FACILI- (i) any facility with above-average effi- all that follows through page 184, line 1, and TIES.—In establishing the system under para- ciency receives proportionately more emis- insert the following: graph (1), to fully reflect year-to-year sion allowances under this subtitle; and (b) QUANTITIES OF EMISSION ALLOWANCES changes in aggregate production levels, the (ii) any facility with below-average effi- ALLOCATED.—The quantity of emissions al- Administrator shall provide for an adjust- ciency receives proportionately fewer emis- lowances allocated pursuant to subsection ment factor for allocations to individual fa- sion allowances under this subtitle; and (a) shall be represented by the following per- cilities under subsection (e) equal to the (B) in a manner that reflects factors under centages: product obtained by multiplying— the control of facilities, including by— (i) the quantity of emission allowances (i) establishing a formula for conversion of Percentage that would otherwise be allocated to an indi- kilowatt hours to emissions produced, with Calendar year for dis- vidual facility under subsection (e); and respect to indirect emissions of facilities; tribution (ii) the ratio that— and (I) the output from the individual facility (ii) priority given to energy efficiency, ex- 2012-2021 ...... 15 during the calendar year immediately pre- cept in any case in which energy efficiency 2022 ...... 15 ceding the year of the distribution; bears to and emission efficiency are poorly cor- 2023 ...... 15 (II) the average output from all individual related. 2024 ...... 15 facility during the 3-calendar year period 2025 ...... 15 ending on the date of enactment of this Act. SA 4967. Mr. BROWN (for himself, 2026 ...... 15 (D) MAXIMUM QUANTITY.—In establishing 2027 ...... 15 the system under paragraph (1), the Adminis- Mr. LEVIN, and Ms. STABENOW) sub- 2028 ...... 15 trator shall— mitted an amendment intended to be 2029 ...... 15 (i) ensure that the total quantity of emis- proposed by him to the bill S. 3036, to 2030 ...... 15. sion allowances allocated to all facilities direct the Administrator of the Envi- under this section for a calendar year does ronmental Protection Agency to estab- (c) CONDITIONAL PHASE-OUT.— not exceed a quantity sufficient to offset the lish a program to decrease emissions of (1) IN GENERAL.—If the President deter- increases in costs of the facilities resulting greenhouse gases, and for other pur- mines that, as a result of international glob- from the implementation of this Act; and poses; which was ordered to lie on the al warming agreements, the problem of di- (ii) if the Administrator determines that, version of manufacturing from United States for any calendar year, the total quantity of table; as follows: facilities to facilities of foreign countries emission allowances allocated to all facili- Strike the table that appears on page 217, without greenhouse gas regulation is miti- ties under this section is less than or greater after line 21, and insert the following: gated sufficiently to substantially reduce the than the quantity described in clause (i), ad- competitive disadvantage of United States just allocations for subsequent calendar Percent for manufacturers in domestic or international years appropriately, in accordance with pro- allocation markets as a result of this Act, the Presi- cedures to be established by the Adminis- among States dent shall provide to the Administrator a no- trator. Calendar year relying heav- tification of the determination. Beginning on page 188, strike line 9 and all ily on manu- (2) ACTION BY ADMINISTRATOR.—On receipt facturing and that follows through page 189, line 3, and in- coal of a notification under paragraph (1), the Ad- sert the following: ministrator, by regulation, shall— (f) TRANSITION TO INTENSITY-BASED ALLO- 2012 ...... 6 (A) reduce the quantity of emission allow- CATIONS.— ances provided under this subtitle sufficient 2013 ...... 6 (1) IN GENERAL.—Not later than 2 year after 2014 ...... 6 to reflect the reduced competitive harm the date of enactment of this Act, the Ad- caused to energy-intensive manufactures as 2015 ...... 6 ministrator shall establish, by regulation, a 2016 ...... 6.25 a result of this Act; or revised method of allocating emission allow- (B) if the President determines that the 2017 ...... 6.25 ances under this subtitle to carbon-intensive 2018 ...... 6.25 competitive disadvantage to United States industries, in accordance with this sub- manufacturing has been eliminated, termi- 2019 ...... 6.25 section, based on benchmarks for the emis- 2020 ...... 6.25 nate allocations of emission allowances sion efficiency or energy efficiency of each under this subtitle. 2021 ...... 7 .25 manufacturing process used in an industry of 2022 ...... 7 .25 SEC. 542. DISTRIBUTION. a facility that receives emission allowances 2023 ...... 7 .5 On page 185, strike line 18 and insert the under this subtitle. 2024 ...... 7 .5 following: (2) PHASE-IN SCHEDULE.—The revised meth- 2025 ...... 7 .5 (b) REGULATIONS.— od established under paragraph (1) shall— 2026 ...... 7 .5 (1) IN GENERAL.—Not later than 2 years (A) be implemented for calendar year 2017; after the 2027 ...... 7 .5 and 2028 ...... 7 .5 On page 185, after line 24, insert the fol- (B) be phased into use uniformly and ap- 2029 ...... 7 .5 lowing: propriately to ensure that the revised meth- 2030 ...... 7 .5 (2) REQUIREMENTS.— od is fully in effect for calendar year 2030. 2031 ...... 8 (A) CONSIDERATION OF COSTS.—In estab- (3) TOTAL QUANTITY OF ALLOWANCES.—The 2032 ...... 8 lishing the system under paragraph (1), the total quantity of emission allowances to be 2033 ...... 8 Administrator shall take into consideration distributed for each calendar year shall be 2034 ...... 8 all categories of cost increases resulting the quantity determined in accordance with 2035 ...... 8 from the implementation of this Act, includ- section 541(b). 2036 ...... 8 ing— (4) MANUFACTURING PROCESSES.— 2037 ...... 8 (i) cost increases relating to direct emis- (A) IDENTIFICATION OF PROCESSES.—The Ad- 2038 ...... 8 sions (including process emissions) and indi- ministrator, in consultation with affected in- 2039 ...... 8 rect emissions; and dustries, shall identify, by regulation, each 2040 ...... 8 (ii) any increase in the cost of natural gas manufacturing process that will be subject 2041 ...... 8 or any other relatively carbon-efficient fuel to the revised method established under this 2042 ...... 8 as a result of fuel substitution and related subsection, including by examining and cat- 2043 ...... 8 effects. egorizing existing manufacturing processes 2044 ...... 8 (B) CATEGORIES OF CURRENTLY OPERATING used by the affected industries. 2045 ...... 8 FACILITIES.—For purposes of subsection (d), (B) EXEMPTION.—The Administrator shall 2046 ...... 8 the Administrator shall establish, by regula- exempt from identification under subpara- 2047 ...... 8 tion, appropriate categories of currently op- graph (A) any process that— 2048 ...... 8 erating facilities, including reasonable in- (i) is used by few facilities; or 2049 ...... 8 dustry subsectors within a category, as the (ii) results in relatively small total produc- 2050 ...... 8 . Administrator determines to be necessary to tion rate. avoid inequitable distributions, taking into (5) BENCHMARKS.—The Administrator shall account the existence of currently operating establish benchmarks for emission efficiency Beginning on page 218, strike line 4 and all facilities that— and energy efficiency for purposes of this that follows through page 219, line 9, and in- (i) qualify as energy-intensive facilities; subsection— sert the following: but (A) based on the average efficiency of all (1) MANUFACTURING.— (ii) are affiliated with entities with sub- facilities in the United States in using a (A) IN GENERAL.—Except as provided in stantially different emission or energy-con- manufacturing process, such that, on a grad- subparagraph (B), for each calendar year 1⁄2 sumption profiles. uated basis— of the quantity of emission allowances shall

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be distributed among the States based on the SA 4968. Mr. BROWN (for himself and Percentage proportion that— Mr. WARNER) submitted an amendment for auction (i) the average annual per-capita employ- intended to be proposed by him to the Calendar year for Deficit ment in manufacturing in a State during the Reduction bill S. 3036, to direct the Administrator Fund period beginning on January 1, 1988, and end- of the Environmental Protection Agen- ing on December 31, 1992, as determined by cy to establish a program to decrease 2021 ...... 8 .5 the Secretary of Labor; bears to emissions of greenhouse gases, and for 2022 ...... 7 .75 (ii) the average annual per-capita employ- 2023 ...... 8 .75 ment in manufacturing in all States during other purposes; which was ordered to lie on the table; as follows: 2024 ...... 9 .75 the period beginning on January 1, 1988, and 2025 ...... 9 .75 ending on December 31, 1992, as determined At the end of title V, add the following: 2026 ...... 11 .75 by the Secretary of Labor. Subtitle J—Economic Diversification 2027 ...... 11 .75 (B) EXCEPTION.— SEC. 591. ECONOMIC DIVERSIFICATION INITIA- 2028 ...... 11 .75 (i) DEFINITION OF QUALIFYING STATE.—In TIVE. 2029 ...... 12 .75 this subparagraph, the term ‘‘qualifying (a) ESTABLISHMENT OF FUND.—There is es- 2030 ...... 12 .75 State’’ means a State in which the ratio that tablished in the Treasury of the United 2031 ...... 18 .75 the manufacturing-related gross State prod- States a fund, to be known as the ‘‘Economic 2032 ...... 16.75 uct bears to the total gross State product ex- Diversification Fund’’. 2033 ...... 16.75 ceeds 0.15. (b) AUCTIONS.— 2034 ...... 15 .75 (ii) ALLOCATION TO QUALIFYING STATES.— (1) IN GENERAL.—For each of calendar years 2035 ...... 15 .75 Notwithstanding subparagraph (A), the emis- 2012 through 2050, the Administrator shall 2036 ...... 15 .75 sion allowances available for allocation to a auction, in accordance with paragraph (2), 1 2037 ...... 15 .75 percent of the emission allowances estab- qualifying State under subsection (a) for a 2038 ...... 15 .75 lished pursuant to section 201(a) for the cal- calendar year shall be a quantity equal to 2039 ...... 15 .75 endar year to raise funds for deposit in the 2040 ...... 15 .75 the product obtained by multiplying— Economic Diversification Fund. 2041 ...... 15 .75 (I) the annual per-capital employment in (2) NUMBER; FREQUENCY.—For each cal- 2042 ...... 15 .75 manufacturing in the qualifying State dur- endar year during the period described in 2043 ...... 15 .75 ing the period beginning on January 1, 1998, paragraph (1), the Administrator shall— 2044 ...... 15 .75 and ending on December 31, 1992, as deter- (A) conduct not fewer than 4 auctions; and 2045 ...... 15 .75 mined by the Secretary of Labor; and (B) schedule the auctions in a manner to 2046 ...... 15 .75 (II) 2. ensure that— 2047 ...... 15 .75 (2) COAL.—For each calendar year, 1⁄2 of the (i) each auction takes place during the pe- 2048 ...... 15 .75 quantity riod beginning 330 days before, and ending 60 2049 ...... 15 .75 days before, the beginning of each calendar 2050 ...... 15 .75. Strike the table that appears on page 241, year; and after line 21, and insert the following: (ii) the interval between each auction is of equal duration. SA 4969. Mr. DEMINT submitted an Percentage (3) DEPOSIT OF PROCEEDS.—The Adminis- amendment intended to be proposed by for State trator shall deposit all proceeds of auctions him to the bill S. 3036, to direct the Ad- leaders in re- conducted pursuant to this subsection in the ministrator of the Environmental Pro- ducing green- Economic Diversification Fund, immediately tection Agency to establish a program Calendar Year house gas emissions and on receipt of the proceeds. to decrease emissions of greenhouse improving en- (c) TRANSFER.—On request of the Secretary gases, and for other purposes; which ergy effi- of Energy, the Secretary of the Treasury was ordered to lie on the table; as fol- ciency shall transfer to the Secretary of Energy such amounts in the Economic Diversifica- lows: 2012 ...... 1 tion Fund as are necessary to carry out sub- Insert where appropriate the following: 2013 ...... 1 section (d). TITLE ll—PROHIBITION ON EARMARKS 2014 ...... 1 (d) USE OF FUNDS.—The Secretary of En- SEC. l01. PROHIBITION ON EARMARKS. 2015 ...... 1 ergy, acting through the Office of Fossil En- (a) IN GENERAL.—It shall not be in order to 2016 ...... 1 .25 ergy, shall use amounts in the Economic Di- consider a bill, resolution, amendment, or 2017 ...... 1 .25 versification Fund to establish a program conference report that proposes an earmark 2018 ...... 1 .55 under which the Secretary shall provide fi- of funds provided or made available by this 2019 ...... 1 .75 nancial and technical assistance to commu- Act. 2020 ...... 2 nities to create local community reuse orga- (b) DEFINITION.—In this section, the term 2021 ...... 1 nizations that will, to the maximum extent ‘‘earmark’’ means a provision or report lan- 2022 ...... 2 practicable— guage included primarily at the request of a 2023 ...... 2 .25 (1) assist communities in transitioning Senator or a Member of the House of Rep- 2024 ...... 2 .5 from dependence on carbon extraction indus- resentatives providing, authorizing, or rec- 2025 ...... 2 .75 tries to industries that provide greater long- ommending a specific amount of discre- 2026 ...... 3 term economic stability; tionary budget authority, credit authority, 2027 ...... 3 .25 (2) design and implement community plans or other spending authority for a contract, 2028 ...... 3 .5 projects to assist the transition to a low car- loan, loan guarantee, grant, loan authority, 2029 ...... 3 .75 bon economy and alleviate any impact on in- or other expenditure with or to an entity, or 2030 ...... 4 dustries and area economies; and targeted to a specific State, locality, or Con- 2031 ...... 5 (3) improve infrastructure, business devel- gressional district, other than through a 2032 ...... 6 opment activities, and workforce training statutory or administrative formula-driven 2033 ...... 6 programs throughout affected regions. or competitive award process. 2034 ...... 6 Strike the table that appears on page 458, (c) SUPERMAJORITY WAIVER AND APPEAL.— 2035 ...... 6 after line 5, and insert the following: This section may be waived or suspended in 2036 ...... 6 the Senate only by an affirmative vote of 3⁄5 2037 ...... 6 of the Members, duly chosen and sworn. An Percentage 3 2038 ...... 6 for auction affirmative vote of ⁄5 of the Members of the 2039 ...... 6 Calendar year for Deficit Senate, duly chosen and sworn, shall be re- 2040 ...... 6 Reduction quired in the Senate to sustain an appeal of 2041 ...... 6 Fund the ruling of the Chair on a point of order 2042 ...... 6 raised under this section. 2043 ...... 6 2012 ...... 4 .75 (d) PROHIBITION ON EXTRA LEGISLATIVE 2044 ...... 6 2013 ...... 4 .75 EARMARKS.—None of the funds provided or 2045 ...... 6 2014 ...... 4 .75 made available by this Act shall be com- 2046 ...... 6 2015 ...... 5 .50 mitted, obligated, or expended at the request 2047 ...... 6 2016 ...... 5 .75 of Members of Congress or their staff 2048 ...... 6 2017 ...... 5 .75 through oral or written communication for 2049 ...... 6 2018 ...... 6.25 projects, programs, or grants to an entity, or 2050 ...... 6. 2019 ...... 6 targeted to a specific State, locality or Con- 2020 ...... 7 gressional district, other than through a

VerDate Aug 31 2005 06:00 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00203 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.167 S05JNPT1 smartinez on PROD1PC64 with SENATE S5330 CONGRESSIONAL RECORD — SENATE June 5, 2008 statutory or administrative formula-driven ministrator of the Environmental Pro- (3) the impact of energy prices on the oper- or competitive award process. tection Agency to establish a program ation of irrigation pumps, livestock confine- to decrease emissions of greenhouse ment, grain drying, and other agricultural SA 4970. Mr. DEMINT (for himself, gases, and for other purposes; which activities; and Mr. INHOFE, and Mr. CRAIG) submitted (c) RECOMMENDATION.—Based on the sever- was ordered to lie on the table; as fol- ity of the effects described in the report, the an amendment intended to be proposed lows: by him to the bill S. 3036, to direct the Secretary shall make a recommendation as At the end of title XXVII, add the fol- to whether the Administrator should waive Administrator of the Environmental lowing: any or all of the requirements of this Act as Protection Agency to establish a pro- Subtitle H—Effective Date the requirements apply to agricultural activ- gram to decrease emissions of green- SEC. 1771. EFFECTIVE DATE. ity or producers of agricultural supplies. house gases, and for other purposes; This Act and the amendments made by (d) ACTION BY ADMINISTRATION.— which was ordered to lie on the table; this Act shall not take effect until the Presi- (1) IN GENERAL.—After reviewing a report as follows: dent certifies to Congress that the Govern- submitted under this section, the Adminis- trator may waive for a 1-year period any or At the appropriate place, insert the fol- ments of China and India have enacted man- all of the requirements of this Act as the re- lowing: dates on the emissions of greenhouse gases quirements apply to agricultural activity or SEC. lll. NONAPPLICABILITY. that are comparable to the mandates con- tained in this Act. to producers of agricultural supplies if the (a) IN GENERAL.—Notwithstanding any effects described in the report justify the other provision of this Act, during the period SA 4972. Mr. DEMINT submitted an waiver in the determination of the Adminis- beginning on the date on which the Adminis- trator. trator makes a determination described in amendment intended to be proposed by him to the bill S. 3036, to direct the Ad- (2) PUBLICATION.—The Administrator subsection (b) and ending on the date de- shall— scribed in subsection (c), the number of ministrator of the Environmental Pro- (A) publish any determination under para- emission allowances established by the Ad- tection Agency to establish a program graph (1) as an interim final action in the ministrator for a calendar year shall be not to decrease emissions of greenhouse Federal Register; and less than the number of emission allowances gases, and for other purposes; which (B) provide at least 30 days for public com- established under section 201(a) for the cal- was ordered to lie on the table; as fol- ment prior to the determination becoming endar year in which the determination is lows: final agency action. made. Insert where appropriate the following: (3) EXTENSION.— (b) DESCRIPTION OF DETERMINATION.—A de- (A) IN GENERAL.—At any time, subject to TITLE ll—PROHIBITION ON EARMARKS termination referred to in subsection (a) is a subparagraph (B) and based on the effects de- determination that, during an applicable cal- SEC. l01. PROHIBITION ON EARMARKS. scribed in a subsequent report issued under endar year, new nuclear power plants in the (a) IN GENERAL.—It shall not be in order to this section, the Administrator may extend United States have commenced operation consider a bill, resolution, amendment, or the duration of a waiver under paragraph (1). with a cumulative capacity equal to less conference report that proposes an earmark (B) LIMITATION.—The length of each exten- than the applicable cumulative capacity (ex- of funds provided or made available by this sion under this paragraph may not exceed 1 pressed in gigawatts electric) specified in the Act. year. following table: (b) DEFINITION.—In this section, the term ‘‘earmark’’ means a provision or report lan- SA 4974. Mrs. BOXER submitted an guage included primarily at the request of a amendment intended to be proposed by Senator or a Member of the House of Rep- her to the bill S. 3036, to direct the Ad- Calendar year Gigawatts resentatives providing, authorizing, or rec- electricity ommending a specific amount of discre- ministrator of the Environmental Pro- 2016 ...... 3 tionary budget authority, credit authority, tection Agency to establish a program 2017 ...... 6 or other spending authority for a contract, to decrease emissions of greenhouse 2018 ...... 9 loan, loan guarantee, grant, loan authority, gases, and for other purposes; which 2019 ...... 12 or other expenditure with or to an entity, or was ordered to lie on the table; as fol- 2020 ...... 15 targeted to a specific State, locality, or Con- lows: 2021 ...... 18 gressional district, other than through a At the end, add the following: statutory or administrative formula-driven 2022 ...... 21 The following provisions of this bill shall or competitive award process. 2023 ...... 24 have no force and effect: (c) SUPERMAJORITY WAIVER AND APPEAL.— 2024 ...... 27 Beginning on page 9, line 1 and all that fol- This section may be waived or suspended in 2025 ...... 30 lows through page 16, line 16. the Senate only by an affirmative vote of 3⁄5 2026 ...... 33 On page 17, lines 4 through 23. 2027 ...... 36 of the Members, duly chosen and sworn. An Beginning on page 18, line 4 and all that 3 2028 ...... 39 affirmative vote of ⁄5 of the Members of the follows through page 19, line 7. 2029 ...... 42 Senate, duly chosen and sworn, shall be re- On page 19, lines 11 through 16. 2030 ...... 45. quired in the Senate to sustain an appeal of Beginning on page 19, line 24 and all that the ruling of the Chair on a point of order follows through page 23, line 8. (c) ENDING DATE.—The ending date referred raised under this section. to in subsection (a) is the date on which the Beginning on page 23, line 12 and all that follows through page 26, line 16. Administrator determines that a sufficient SA 4973. Mr. ROBERTS submitted an quantity of new nuclear power plants have On page 27, lines 1 through 23. amendment intended to be proposed by Beginning on page 28, line 3 and all that commenced operation to ensure a cumu- him to the bill S. 3036, to direct the Ad- follows through page 29, line 4. lative capacity equal to or greater than the Beginning on page 29, line 8 and all that cumulative capacity specified for the appli- ministrator of the Environmental Pro- follows through page 30, line 19. cable calendar year under subsection (b). tection Agency to establish a program to decrease emissions of greenhouse On page 31, lines 5 through 18. (d) BIMONTHLY REPORTS.—During the pe- On page 38, lines 14 through 18. riod described in subsection (a), the Adminis- gases, and for other purposes; which On page 41, lines 4 through 8. trator shall submit to the Committee on En- was ordered to lie on the table; as fol- On page 43, lines 1 through 5. vironment and Public Works of the Senate lows: On page 52, lines 3 through 7. and the Committee on Energy and Commerce At the end of subtitle C of title XVII, add Beginning on page 63, line 8 and all that of the House of Representatives bimonthly the following: follows through the end. reports containing— SEC. 1724. AGRICULTURAL PRODUCTION COSTS (1) the projected date on which a sufficient STUDY. SA 4975. Mrs. BOXER submitted an quantity of new nuclear power plants will (a) IN GENERAL.—Not later than January 1 amendment intended to be proposed by commence operation to ensure a cumulative and July 1 of each year, the Secretary of Ag- her to the bill S. 3036, to direct the Ad- capacity equal to or greater than the cumu- riculture shall submit to the Administrator ministrator of the Environmental Pro- lative capacity specified for the applicable a report on the effects of this Act on the calendar year under subsection (b); and tection Agency to establish a program commodity cost of agricultural production. to decrease emissions of greenhouse (2) recommendations of the Administrator, (b) REQUIREMENTS.—The report shall in- if any, regarding measures to achieve the cu- clude, at a minimum— gases, and for other purposes; which mulative capacity described in paragraph (1). (1) the impact of natural gas prices on the was ordered to lie on the table; as fol- cost and production of nitrogen-based fer- lows: SA 4971. Mr. DEMINT submitted an tilizer; At the end, add the following: amendment intended to be proposed by (2) the impact of natural gas prices on The following provisions of this bill shall him to the bill S. 3036, to direct the Ad- other agricultural uses of natural gas; have no force and effect:

VerDate Aug 31 2005 07:04 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00204 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.172 S05JNPT1 smartinez on PROD1PC64 with SENATE June 5, 2008 CONGRESSIONAL RECORD — SENATE S5331 Sections 2 and 3. Committee on Intelligence be author- (1) by striking section 80102; and Paragraph (3) of section 4. ized to meet during the session of the (2) in the table of sections at the beginning Paragraphs (5) through (8) of section 4. Senate on June 5, 2008, at 2:30 p.m. to of the chapter by striking the item relating Paragraph (10) of section 4. to that section. Paragraphs (12) through (18) of section 4. hold a closed hearing. Paragraphs (20) through (29) of section 4. The PRESIDING OFFICER. Without f Paragraphs (31) through (33) of section 4. objection, it is so ordered. Paragraphs (35) through (39) of section 4. REGARDING THE LEASE OR Paragraphs (41) through (46) of section 4. f SUBLEASE OF CERTAIN PROPERTY Paragraphs (49) through (51) of section 4. Mr. LAUTENBERG. Mr. President, I Subsection (f) of section 111. PRIVILEGES OF THE FLOOR Subsection (f) of section 112. ask unanimous consent that the Sen- Mr. BAUCUS. Mr. President, I ask ate proceed to the immediate consider- Subsection (d) of section 113. unanimous consent that Matt Smith, Subsection (g) of section 114. ation of Calendar No. 755, H.R. 3913. Title II and all that follows through the an intern on the staff of the Finance The PRESIDING OFFICER. The end of the bill. Committee, and Bruce Fergusson, a fel- clerk will report the bill by title. f low in my Senate office, be allowed on The legislative clerk read as follows: the Senate floor for the duration of the NOTICES OF HEARINGS debate on the climate change bill. A bill (H.R. 3913) to amend the Inter- national Center Act to authorize the lease or COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without sublease of certain property described in RESOURCES objection, it is so ordered. such Act to an entity other than a foreign Mr. BINGAMAN. Mr. President, I Mr. VITTER. Madam President, I ask government or international organization if would like to announce for the infor- unanimous consent that Deborah certain conditions are met. mation of the Senate and the public Glickson, a fellow in my office, be al- There being no objection, the Senate that an oversight hearing has been lowed floor privileges during the de- proceeded to consider the bill. scheduled before the Senate Committee bate on this bill. Mr. LAUTENBERG. Mr. President, I on Energy and Natural Resources. The The PRESIDING OFFICER. Without further ask that the bill be read a third hearing will be held on Thursday, June objection, it is so ordered. time and passed, the motions to recon- 12, 2008, at 2:15 p.m., in room SD–366 of The Senator from Iowa is recognized. sider be laid upon the table, with no in- the Dirksen Senate Office Building. Mr. HARKIN. I ask unanimous con- tervening action or debate, and that The purpose of the hearing is to re- sent that Ellen Butler and Raj any statements related to the measure ceive testimony on the relationship be- Borsellino of my staff be granted the be printed in the RECORD. tween U.S. renewable fuels policy and privilege of the floor during today’s The PRESIDING OFFICER. Without food prices. session. objection, it is so ordered. Because of the limited time available The PRESIDING OFFICER. Without The bill (H.R. 3913) was ordered to a for the hearing, witnesses may testify objection, it is so ordered. third reading, was read the third time by invitation only. However, those Mr. LAUTENBERG. Mr. President, I and passed. wishing to submit written testimony ask unanimous consent that the order f for the hearing record may do so by for the quorum call be rescinded. sending it to the Committee on Energy The PRESIDING OFFICER. Without AUTHORIZING THE USE OF THE and Natural Resources, United States objection, it is so ordered. CAPITOL GROUNDS Senate, Washington, DC 20510–6150, or Mr. LAUTENBERG. Mr. President, I by e-mail to Rosemarie f ask unanimous consent that the Sen- [email protected]. REGARDING REQUIRING A LI- ate proceed to the immediate consider- For further information, please con- CENSE FOR SALVAGING ON THE ation of H. Con. Res. 311, which was re- tact Tara Billingsley or Rosemarie COAST OF FLORIDA ceived from the House. Calabro. Mr. LAUTENBERG. Mr. President, I The PRESIDING OFFICER. The COMMITTEE ON ENERGY AND NATURAL ask unanimous consent that the Sen- clerk will report the concurrent resolu- RESOURCES ate proceed to the immediate consider- tion by title. Mr. BINGAMAN. Mr. President, I ation of Calendar No. 750, S. 2482. The legislative clerk read as follows: would like to announce for the infor- The PRESIDING OFFICER. The mation of the Senate and the public A concurrent resolution (H. Con. Res. 311) clerk will report the bill by title. that an oversight hearing has been authorizing the use of the Capitol Grounds The legislative clerk read as follows: for the Greater Washington Soap Box Derby. scheduled. The hearing will be held on Wednesday, June 18, 2008, at 2 p.m., in A bill (S. 2482) to repeal the provision of There being no objection, the Senate title 46, United States Code, requiring a li- room SD–366 of the Dirksen Senate Of- proceeded to consider the concurrent cense for employment in the business of sal- resolution. fice Building. vaging on the coast of Florida. The purpose of the hearing is to con- Mr. LAUTENBERG. Mr. President, I There being no objection, the Senate sider the preparedness of Federal land ask unanimous consent that the con- proceeded to consider the measure. management agencies for the 2008 wild- current resolution be agreed to, the Mr. LAUTENBERG. Mr. President, I fire season. motion to reconsider be laid upon the Because of the limited time available ask unanimous consent that the bill be table, with no intervening action or de- for the hearing, witnesses may testify read for a third time and passed, the bate, and any statements related to the by invitation only. However, those motions to reconsider be laid upon the measure be printed in the RECORD. wishing to submit written testimony table, with no intervening action or de- The PRESIDING OFFICER. Without for the hearing record should send it to bate, and that any statements related objection, it is so ordered. the Committee on Energy and Natural to the bill be printed in the RECORD. The concurrent resolution (H. Con. Resources, United States Senate, The PRESIDING OFFICER. Without Res. 311) was agreed to. objection, it is so ordered. Washington, DC 20510–6150, or by e-mail f to [email protected] The bill (S. 2482) was ordered to be CONGRATULATING THE ARIZONA .gov. engrossed for a third reading, was read STATE UNIVERSITY WOMEN’S For further information, please con- the third time, and passed, as follows: SOFTBALL TEAM tact Scott Miller or Rachel S. 2482 Pasternack. Be it enacted by the Senate and House of Rep- Mr. LAUTENBERG. Mr. President, I resentatives of the United States of America in f ask unanimous consent that the Sen- Congress assembled, ate now proceed to the consideration of AUTHORITY FOR COMMITTEES TO SECTION 1. REPEAL OF REQUIREMENT OF LI- S. Res. 586, which was submitted ear- MEET CENSE FOR EMPLOYMENT IN THE lier today. BUSINESS OF SALVAGING ON THE SELECT COMMITTEE ON INTELLIGENCE COAST OF FLORIDA. The PRESIDING OFFICER. The Mrs. BOXER. Mr. President, I ask Chapter 801 of title 46, United States Code, clerk will report. unanimous consent that the Select is amended— The legislative clerk read as follows:

VerDate Aug 31 2005 07:18 Jun 06, 2008 Jkt 069060 PO 00000 Frm 00205 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.176 S05JNPT1 smartinez on PROD1PC64 with SENATE S5332 CONGRESSIONAL RECORD — SENATE June 5, 2008 A resolution (S. Res. 586) congratulating ils’’) won the 2008 National Collegiate Ath- PROGRAM the Arizona State University Women’s Soft- letic Association Women’s College World Se- ball Team for winning the 2008 National Col- ries Softball Championship by defeating the Mr. LAUTENBERG. Mr. President, legiate Athletic Association Division I Soft- women’s softball team of Texas A & M Uni- tomorrow, shortly after 9 a.m., the ball Championship. versity by a score of 11 to 0; Senate will proceed to a cloture vote There being no objection, the Senate Whereas that victory marks the first on the substitute amendment to the proceeded to consider the resolution. championship title for the ASU Sun Devils; climate change bill. Mr. KYL. Mr. President, today I am Whereas the ASU Sun Devils now hold the Women’s College World Series record for the f pleased to join with Senator MCCAIN in largest margin of victory in a championship support of this resolution to highlight game; ADJOURNMENT UNTIL 9 A.M. the athletic achievements of a tremen- Whereas the ASU Sun Devils beat oppo- TOMORROW dous group of young women. On June 3, nents by a combined score of 24 to 2 in 5 Mr. LAUTENBERG. Mr. President, if the Arizona State University women’s Women’s College World Series wins and com- there is no further business to come be- softball team won the 2008 National pleted the season with 66 wins and 5 losses and a perfect 10 and 0 mark in the fore the Senate, I ask unanimous con- Collegiate Athletic Association Divi- sent that it stand adjourned under the sion I Softball Championship by defeat- postseason; and Whereas ASU Sun Devils pitcher Katie previous order. ing Texas A&M University 5 to 0. This Burkhart finished with 5 wins and 53 strike- There being no objection, the Senate, is the first softball championship title outs in the Women’s College World Series at 7:37 p.m., adjourned until Friday, for ASU, and the second consecutive and earned Most Valuable Player honors: June 6, 2008, at 9 a.m. year that a university in Arizona has Now, therefore, be it brought home the NCAA Softball Resolved, That the Senate— f Championship. (1) congratulates the Arizona State Univer- NOMINATIONS The Sun Devils won the champion- sity women’s softball team for winning the ship in an impressive fashion with con- 2008 National Collegiate Athletic Association Executive nominations received by siderable efforts by all. ASU beat its Division I Women’s Softball Championship; the Senate: and opponent by an 11 to 0 margin, the (2) recognizes the players, coaches, and DEPARTMENT OF STATE largest margin of victory in a cham- support staff who were instrumental in that JAMES FRANKLIN JEFFREY, OF VIRGINIA, A CAREER pionship game. Pitcher Katie Burkhart achievement. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- allowed only four hits during the game, f DINARY AND PLENIPOTENTIARY OF THE UNITED STATES struck out 13 batters and was recog- OF AMERICA TO THE REPUBLIC OF TURKEY. nized as the Most Valuable Player. MEASURE READ FIRST TIME—H.J. IN THE COAST GUARD Mindy Cowles and Kaitlin Cochran RES. 92 THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- both hit homeruns for the Sun Devils. Mr. LAUTENBERG. Mr. President, I CER IN THE UNITED STATES COAST GUARD IN THE Jackie Vasquez, Jessica Mapes, Mandy understand that H.J. Res. 92 has been GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: Urfer, Rhiannon Baca, Krista received from the House and is at the To be lieutenant commander Donnenwirth, Lesley Rogers, and desk. NAKEISHA B. HILLS Caylyn Carlson all contributed to the The PRESIDING OFFICER. The Sen- THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- final score. Other Sun Devils making ator is correct. MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- CER IN THE UNITED STATES COAST GUARD IN THE important contributions include Katie Mr. LAUTENBERG. I ask for its first GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: Crabb, Megan Elliott, Dani Rae reading. To be lieutenant commander Lougheed, Brittney Matta, Kristen The PRESIDING OFFICER. The ELIZABETH A. MC NAMARA Miller, Ashley Muenz, Amanda Nesbitt, clerk will read the joint resolution by IN THE NAVY Brooke Neuman, Michelle Nulliner, title for the first time. Sarah Rice, Colleen Robbins, Jessie THE FOLLOWING NAMED OFFICERS FOR TEMPORARY The legislative clerk read as follows: APPOINTMENT TO THE GRADE INDICATED IN THE Ware, and Renee Welty. A joint resolution (H. J. Res. 92) increasing UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 5721: Coach Clint Myers led the Sun Devils the statutory limit on the public debt. to a season record of 66 wins and 5 To be lieutenant commander Mr. LAUTENBERG. Mr. President, I losses and a perfect 10 and 0 mark in MICHAEL A. BEMIS ask for its second reading and object to the postseason. Coach Myers joined STEVEN L. BRYANT my own request. ARRVID E. CARLSON ASU three years ago and has turned STEVEN D. GILBERT The PRESIDING OFFICER. Objec- the ASU women’s softball program into BRIAN L. GRIFFIN tion is heard. HOMER F. HENSY a PAC–l0 Conference powerhouse. IAN J. HILDRETH I salute the Sun Devils and congratu- f RODERICK L. HODGES BRANDON L. JOHNSON late them on a hard-earned national ORDERS FOR FRIDAY, JUNE 6, 2008 STERLING S. JORDAN championship. All Arizonans, even die- STEVEN C. LAWRENCE Mr. LAUTENBERG. Mr. President, I PETER A. LOGAN hard UofA Wildcats like me, are proud GERALD P. LORIO of the team’s outstanding achievement ask unanimous consent that when the MATTHEW S. MAASSEN Senate completes its business today, it LELAND M. MURPHY and wish the team success in the years TERRY A. NEMEC to come. stand adjourned until 9 a.m. tomorrow; MATTHEW P. PETERSON that following the prayer and the BENJAMIN C. POLLOCK Mr. LAUTENBERG. Mr. President, I RANDY R. REID ask unanimous consent that the reso- pledge, the Journal of proceedings be GARY A. RYALS approved to date, the morning hour be JASON R. STAHL lution be agreed to, the preamble be CHRISTOPHER C. SUPKO agreed to, and the motions to recon- deemed to have expired, the time for MICHAEL J. UYBOCO the two leaders be reserved for their sider be laid upon the table. f The PRESIDING OFFICER. Without use later in the day, and the Senate objection, it is so ordered. immediately proceed to vote on the CONFIRMATION The resolution (S. Res. 586) was motion to invoke cloture on the Boxer substitute, amendment No. 4825 to S. Executive nomination confirmed by agreed to. the Senate Thursday, June 5, 2008: The preamble was agreed to. 3036, the climate change legislation; I The resolution, with its preamble, further ask that the filing deadline for IN THE ARMY reads as follows: the second-degree amendments to the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED S. RES. 586 Boxer substitute be at 10 a.m. tomor- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Whereas, on June 3, 2008, the Arizona State row. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: University women’s softball team (in this The PRESIDING OFFICER. Without To be lieutenant general preamble referred to as the ‘‘ASU Sun Dev- objection, it is so ordered. LT. GEN. STANLEY A. MC CHRYSTAL

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