[Congressional Record Volume 145, Number 58 (Tuesday, April 27, 1999)]
[Senate]
[Pages S4266-S4272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI (for himself, Mr. Hagel, Mr. Byrd, Mr. Craig, 
        Mr. Roberts, Mr. Grams, Mr. Hutchinson, and Mr. Enzi):
  S. 882. A bill to strengthen provisions in the Energy Policy Act of 
1992 and the Federal Nonnuclear Energy Research and Development Act of 
1974 with respect to potential Climate Change; to the Committee on 
Energy and Natural Resources.


                 energy and climate policy act of 1999

  Mr. MURKOWSKI. Mr. President, today I rise to introduce legislation 
cosponsored by Senator Hagel, who is here, Senator Byrd, Senator Craig, 
Senator Roberts, Senator Grams, Senator Hutchinson, Senator Enzi, and, 
of course, Senator Hagel.
  This is a bill that deals with the issue of the potential climate 
change that we have heard so much about in this body over the last 
several months.
  Our specific bill would do three things, Mr. President. First, the 
bill would create a new $2 billion research, development, and 
demonstration program designed to develop and enhance new technology to 
help stabilize greenhouse gas concentrations in the atmosphere.
  This would be a cost-shared partnership with industry to spur 
innovation and technology so that we can use this technology and have 
it deployed in the United States, as well as have it exported around 
the world. Think about the tremendous advancements that have been made 
in technology in the last decade, Mr. President. Apply the same basis 
of need for that technology to be used to reduce greenhouse gases and 
address climate change. The necessity of doing this, Mr. President, is 
obvious.
  We have seen discussed and examined the costs of Kyoto. The cost of 
complying with Kyoto is estimated to be up to $338 billion in lost 
gross domestic product by the year 2010. That equates to $3,068 per 
household by that year. So it is a substantial investment and deserves 
our attention now.
  Our bill would improve the provisions in existing law which promote 
voluntary reductions in greenhouse gas emissions. Our emphasis remains 
on encouraging voluntary action and not creating new regulatory 
burdens.
  Finally, our bill would establish greater accountability and 
responsibility for climate change and related matters within the 
Department of Energy by establishing a statutory office of global 
climate change. Somebody needs to be accountable in the Department of 
Energy for policies in this area. While the Secretary is ultimately 
accountable, we want to see greater program direction and focus in this 
area. It is justified, Mr. President, when we think of the costs 
associated with meeting the demands and requirements of Kyoto. We can 
do this and achieve this through technology, and it is an investment 
well spent.
  Now, there are other commonsense approaches we continue to work on 
that we or others will later propose in separate bills or as amendments 
to this bill as we get into the debate. For example, we would like to 
protect the U.S. Global Climate Change Research Program from politics 
and ensure that it is conducting high-quality, merit-based, peer-
reviewed science; we would like to remove regulatory obstacles that 
stand in the way of voluntary greenhouse gas emissions reduction; we 
would like to promote voluntary agricultural management practices that 
sequester, or trap, additional carbon dioxide in biomass and soils; we 
would like to promote forest management practices that sequester 
carbon. Mr. President, we encourage the growth of more trees.
  We would like to promote U.S. exports of clean technologies to 
nations such as China and India, who are belching greenhouse gases and 
choking on their own pollutants. For this to be a global approach to a 
global issue, the developing countries must be engaged in the 
solution--unlike Kyoto, where there is a mandate that developing 
countries simply get a free ride. The recognition is--if you buy that 
logic--there is no net gain, no substantial decrease in emissions. 
Under our proposal, the technology would be applicable to the 
developing nations, so there would be a substantial net decrease in 
greenhouse gases.
  Where sensible and cost effective, we would like to pursue possible 
changes to the Tax Code to promote certain activities or practices 
designed to reduce, sequester, or avoid greenhouse gas emissions.
  These are all approaches that we plan to pursue, in a bipartisan 
manner, to address the issue of greenhouse gas emissions and potential 
climate change, because we believe the potential threat of human-
induced climate change will best be solved on a global basis, and 
solved with technology and American innovation over the long term.
  This is the reason we are engaging the developing nations to come 
aboard--by getting new technology into the marketplace, get it out 
there and installed and reduce emissions.
  Compare our approach with that taken by the Kyoto protocol, which 
gives developing nations a free ride. Kyoto explicitly ignores the 
provision of the Byrd-Hagel resolution, which passed this Senate 95 to 
0 in 1997.

  We are, of course, a body of advice and consent. We gave the 
administration our advice 95 to 0, so they shouldn't expect our 
consent. Ninety-five Senators, Mr. President, rarely agree on anything. 
As a consequence, I think we have spoken relative to the merits of the 
treaty that was brought before us.
  Although the President may seek short-term political gain in simply 
signing a treaty that imposes burdens long after his watch is over--and 
that is the applicability of these targets--these targets will come 
long after the current administration is gone. So it is very easy to 
set these targets, because this administration won't be held 
accountable. If the President chooses to ignore our advice, then I 
don't think he should expect our consent. That is kind of where we are 
now.
  If we recall the Byrd-Hagel resolution, it said that all nations must 
be included in emission targets and that serious economic harm must not 
result--serious economic harm. But what serious economic harm? Mr. 
President, I suggest that a cost to this Nation of $338 billion in lost 
GDP in the year 2010 is significant economic harm.
  Yet the Kyoto proposal does not include all nations. Only 35 
industrial nations are subject to emission limits, even though the 134 
developing nations will surpass them in emissions by the year 2015. 
Moreover, the Kyoto protocol's regulatory approach requires legally 
binding quantified emissions reductions of 7 percent below 1990 levels 
by the years 2008-2012. That is roughly a 40-percent decrease in 
emissions from our current baseline. We simply can't get there from 
here without endangering energy supply, reliability, or our economy.
  According to the economic analysis of the Department of Energy's 
Energy Information Administration, if we were to adopt Kyoto, here is 
what American consumers could face in the year 2010:

[[Page S4267]]

  53 percent higher gasoline prices;
  86 percent higher electric prices;
  Upward pressure on interest rates;
  New inflationary pressures.
  There goes your surplus.
  At a recent hearing of the Energy and Natural Resources Committee, 
one witness testified that the economic downturn accompanying the Kyoto 
implementation would depress tax revenues, erase the surplus we have 
earmarked to shore up Social Security, and reduce the public debt.
  With the Kyoto approach, we say goodbye to the budget surplus, 
goodbye to the hopes of saving Social Security, and goodbye to the 
economic prosperity in this country today.
  What do we get for enduring this economic pain? Do we stabilize the 
greenhouse gas concentrations in the atmosphere under Kyoto? The answer 
is clearly no. Do we even reduce global greenhouse gas emissions? No, 
because any reductions by the 35 developed nations and the parties to 
the treaty would be overwhelmed by the growing emissions from the 134 
nations that aren't covered by the Kyoto emissions limit.
  That is what is wrong with Kyoto. Make no mistake about it, Mr. 
President, the Kyoto protocol is an expensive, short-term, narrowly 
applied regulatory approach that will erode U.S. sovereignty, punish 
U.S. consumers, and do nothing to enhance the global environment.
  We are, with this bill and others that will follow, charting a 
different, a new, a progressive course. Ours is a long-term, 
technology-based, global effort. If human-induced greenhouse gas 
emissions are indeed changing the climate for the worse--and there 
remains substantial scientific uncertainty at this point--then we 
should act in a prudent manner to reduce, sequester, or avoid those 
emissions through technology.
  I would like to address criticisms leveled by the administration 
about our bill that are based, I hope, on a misunderstanding.
  A recent administration ``fact sheet,'' after recognizing that there 
are ``positive features'' in the bill, and noting that it ``makes 
improvements to current law'' regarding voluntary efforts to curtail 
emissions, goes on to incorrectly erroneously state that our bill 
``rolls back energy efficiency and clean energy programs with a long 
history of bipartisan support.''
  The administration ``fact sheet'' is incorrect. Our bill does not 
roll back funding for renewable energy or energy efficiency. Instead, 
it authorizes $200 million per year in new money; it does not 
deauthorize any existing programs.
  With that clarification, it would be my hope that the administration 
would support our bill and join us in a prudent, common sense approach 
to greenhouse gas emissions and climate.
  Mr. President, I think I had 20 minutes under special orders this 
morning.
  The PRESIDING OFFICER. The Senator is correct.
  Mr. MURKOWSKI. I ask that the remainder of my time be available to my 
cosponsor, Senator Hagel.
  The PRESIDING OFFICER. The Chair recognizes the Senator from 
Nebraska.
  Mr. MURKOWSKI. I thank the Chair. I thank my colleagues.
  Mr. HAGEL. Thank you, Mr. President. I thank as well Senator 
Murkowski.
  Mr. President, I rise this morning to join my colleague and friend, 
the distinguished chairman of the Senate Energy and Natural Resources 
Committee, and the senior Senator from West Virginia, Senator Byrd, and 
other colleagues in introducing the Energy and Climate Policy Act of 
1999. We offer this legislation because we believe it is time that 
Congress take a new, bipartisan approach to dealing with the issue of 
global climate change.
  This legislation turns the debate away from unachievable, U.N.-
mandated, arbitrary, short-term targets and timetables as dictated by 
the Kyoto protocol toward a long-term strategy that focuses on sound 
science, increased research and development, incentives for voluntary 
action, and public-private technological initiatives that are market 
driven and technology based.
  Twenty-first century technologies, American ingenuity, and public-
private cooperation--not U.N.-mandated energy rationing--should be, in 
fact, the focus of climate change efforts in the Congress. I hope 
Members on both sides of the aisle will join this effort.
  Mr. President, this has never been a debate about who is for or 
against the environment. This has never been a partisan issue. I have 
not met one Member of the Senate--Republican or Democrat--who wants to 
leave their children a dirty and uninhabitable environment. We all 
agree that we have a responsibility to protect our environment. What 
this debate should be about is bringing some common sense--common 
sense--to this issue.
  This bill that we are introducing today--the Energy and Climate 
Policy Act--brings some common sense to the issue of climate change.
  Senator Murkowski laid out a number of the more specific parts of our 
bill--accountability for one. We put this responsibility in the 
Department of Energy where there is someone ``in charge.''
  Presently we have accountability for global climate change spread 
throughout the Government. It is in the White House. It is in the EPA. 
It is in the Departments of Commerce, Agriculture, Interior, and 
Energy. All of these organizations have their tentacles wrapped around 
this issue. So with this, we will focus on accountability, 
responsibility. Let's get the job done.
  Second, this bill moves the current focus of climate change policy 
away from short-term, draconian energy rationing and cost increases 
mandated by the United Nations Kyoto protocol toward a long-term 
domestic commitment to research and development. As Senator Murkowski 
pointed out, it adds significant Government funding in a private-public 
enterprise over the next 10 years. It focuses on real science, sound 
science.
  Third, this bill continues Congress' commitment to supporting 
voluntary energy efforts to reduce, sequester, or avoid manmade 
greenhouse gas emissions. It does so by strengthening current law--not 
by creating new international, bureaucratic, governmental regimes in 
which we will all be accountable.
  In short, among other things this bill does, we look at the entire 
picture--the consequences of our actions. That means including 
activities that naturally lower the levels of greenhouse gas emissions.
  This bill also addresses the issue of whether such voluntary efforts 
are ``real and verifiable''--Who enforces these kinds of mandates?--the 
role of agriculture, the role of industry, business, labor, and long-
term standard of living consequences: How competitive are our products 
in the world markets?--market driven, technology based. We build on 
what is already the foundation of this great, free land and this great, 
free market economy.
  This bill also allows all of our enterprises in this country to plan 
for the future and build commitments into outyear planning and 
investment decisions. Kyoto doesn't talk about that. Who finances these 
efforts?
  This is the best way to deal with the issue of climate change: a 
long-term commitment based on American ingenuity, exports, scientific 
certainty, 21st century technology, and market principles.
  By doing these things we can walk away from the disastrous path that 
this administration and the Kyoto protocol would lead us and focus our 
efforts instead on a positive, bipartisan, achievable commonsense 
approach.
  I hope my colleagues will take a look at what we are introducing 
today. It is a bipartisan bill. It does make sense. I look forward to 
working with the Presiding Officer and others this year and into next 
year in crafting something that is achievable and workable and good for 
this country.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 882

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Energy and Climate Policy 
     Act of 1999.''

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) Although there are significant uncertainties 
     surrounding the science of climate

[[Page S4268]]

     change, human activities may contribute to increasing global 
     concentrations of greenhouse gases in the atmosphere, which 
     in turn may ultimately contribute to global climate change 
     beyond that resulting from natural variability;
       (2) the characteristics of greenhouse gases and the 
     physical nature of the climate system require that any 
     stabilization of atmospheric greenhouse gas concentrations 
     must be a long-term effort undertaken on a global basis;
       (3) since developing countries will constitute the major 
     source of greenhouse gas emissions early in the 21st century, 
     all nations must share in an effective international response 
     to potential climate change;
       (4) environmental progress and economic prosperity are 
     interrelated;
       (5) effective greenhouse gas management efforts depend on 
     the development of long-term, cost-effective technologies and 
     practices that can be developed, refined, and deployed 
     commercially in an orderly manner in the United States and 
     around the world;
       (6) in its present form as signed by the Administration, 
     the Kyoto Protocol to the United Nations Framework Convention 
     on Climate Change fails to meet the minimum conditions of 
     Senate Resolution 98, 105th Congress, which was adopted by 
     the Senate on July 25 1997 by a vote of 95-0;
       (7) The President has not submitted the Kyoto Protocol to 
     the Senate for debate and advice and consent to ratification 
     under Article II, Section 2, clause 2 of the United States 
     Constitution and has indicated that the Administration has no 
     intention to do so in the foreseeable future, or to implement 
     any portion of the Kyoto Protocol prior to its ratification 
     in the Senate.
       (b) Purpose.--The purpose of this Act is to strengthen 
     provisions of the Energy Policy Act of 1992 (42 U.S.C. 13381 
     et seq.) and the Federal Nonnuclear Energy Research and 
     Development Act of 1974 (42 U.S.C. 5901 et seq.) to--
       (1) further promote voluntary efforts to reduce or avoid 
     greenhouse gas emissions and improve energy efficiency;
       (2) focus Department of Energy efforts in this area; and
       (3) authorize and undertake a long-term research, 
     development, and demonstration program to--
       (A) develop new and enhance existing technologies that 
     reduce or avoid anthropogenic emissions of greenhouse gases;
       (B) develop new technologies that could remove and 
     sequester greenhouse gases from emissions streams; and
       (C) develop new technologies and practices to remove and 
     sequester greenhouse gases from the atmosphere.

     SEC. 3. OFFICE OF GLOBAL CLIMATE CHANGE.

       Section 1603 of the Energy Policy Act of 1992 (42 U.S.C. 
     13383) is amended--
       (1) in the section heading, by striking ``DIRECTOR OF 
     CLIMATE PROTECTION'' and inserting ``OFFICE OF GLOBAL CLIMATE 
     CHANGE''; and
       (2) by striking the first sentence and inserting the 
     following:
       ``(a) Establishment.--There is established by this Act in 
     the Department of Energy an Office of Global Climate Change.
       ``(b) Function.--The Office shall serve as a focal point 
     for coordinating for the Secretary and Congress all 
     departmental issues and policies regarding climate change and 
     related matters.
       ``(c) Director.--The Secretary shall appoint a director of 
     the Office, who--
       ``(1) shall be compensated at no less than level IV of the 
     Executive Schedule;
       ``(2) shall report to the Secretary; and
       ``(3) at the request of the Committees of the Senate and 
     House of Representatives with appropriation and legislative 
     jurisdiction over programs and activities of the Department 
     of Energy, shall report to Congress on the activities of the 
     Office.'';
       (3) in the second sentence, by striking ``The Director'' 
     and inserting the following:
       ``(d) Duties.--The Director''; and
       (4) in subsection (c) (as designated by paragraph (2)), by 
     striking paragraphs (2) and (3) and inserting the following:
       ``(2) participate, in cooperation with other federal 
     agencies, in the development and monitoring of domestic and 
     international policies for their effects of any kind on 
     climate change globally and domestically and on the 
     generation, reduction, avoidance, and sequestration of 
     greenhouse gases;
       ``(3) develop and implement a balanced, scientifically 
     sound, nonadvocacy educational and informative public 
     awareness program on--
       ``(A) potential global climate change, including any known 
     adverse and beneficial effects on the United States and the 
     economy of the United States and the world economy, taking 
     into consideration whether those effects are known or 
     expected to be temporary, long-term, or permanent; and
       ``(B) voluntary means and measures to mitigate or minimize 
     significantly adverse effects and, where appropriate, to 
     adapt, to the greatest extent practicable, to climate change;
       ``(4) provide, consistent with applicable provisions of law 
     (including section 1605 (b)(3)), public access to all 
     information on climate change, effects of climate change, and 
     adaptation to climate change;
       ``(5) promote and cooperate in the research, development, 
     demonstration, and diffusion of environmentally sound, cost-
     effective and commercially practicable technologies, 
     practices and processes that avoid, sequester, control, or 
     reduce anthropogenic emissions of greenhouse gases not 
     controlled by the Montreal Protocol for all relevant economic 
     sectors, including, where appropriate, the transfer of 
     environmentally sound, cost-effective and commercially 
     practicable technologies, practices, and processes developed 
     with Federal funds by the Department of Energy or any of its 
     facilities and laboratories to interested persons in the 
     United State and to developing country Parties to the United 
     Nations Framework Convention on Climate Change, and Parties 
     thereto with economies in transition to market-based 
     economies, consistent with, and subject to, any applicable 
     Federal law, including patent and intellectual property laws, 
     and any applicable contracts, and taking into consideration 
     the provisions and purposes of section 1608; and
       ``(6) have the authority to participate in the planning 
     activities of relevant Department of Energy programs.''.

     SEC. 4. NATIONAL INVENTORY AND VOLUNTARY REPORTING OF 
                   GREENHOUSE GASES.

       (a) Section 1605 of the Energy Policy Act of 1992 (42 
     U.S.C. 13385) is amended--
       (1) by amending the second sentence of subsection (a) to 
     read as follows: ``The Administrator of the Energy 
     Information Administration shall annually update and analyze 
     such inventory using available data, including beginning in 
     calendar year 2001, information collected as a result of 
     voluntary reporting under subsection (b). The inventory shall 
     identify for calendar year 2001 and thereafter the amount of 
     emissions reductions attributed to those reported under 
     subsection (b).''
       (2) by amending subsection (b)(1)(B) and (C) to read as 
     follows:
       ``(B) annual reductions or avoidance of greenhouse gas 
     emissions and sequestration and carbon fixation achieved 
     through any measures, including agricultural activities, 
     cogeneration, appliance efficiency, energy efficiency, 
     forestry activities that increase carbon sequestration stocks 
     (including the use of forest products), fuel switching, 
     management of grasslands and drylands, manufacture or use of 
     vehicles with reduced greenhouse gas emissions, methane 
     recovery, ocean seeding, use of renewable energy, 
     chlorofluourocarbon capture and replacement, and power plant 
     heat rate improvement; and''
       ``(C) reductions in, or avoidance of, greenhouse gas 
     emissions achieved as a result of voluntary activities 
     domestically, or internationally, plant or facility closings, 
     and State or Federal requirements.''
       (3) by striking in the first sentence of subsection (b)(2) 
     the word ``entities'' and inserting ``persons or entities'' 
     and in the second sentence of such subsection, by inserting 
     after ``Persons'' the words ``or entities'';
       (4) by inserting in the second sentence of subsection 
     (b)(4) the words ``persons or'' before ``entity''; and
       (5) by adding after subsection (b)(4) the following new 
     paragraphs--
       ``(5) Recognition of Voluntary Reductions or Avoided 
     Emissions of Greenhouse Gases.--In order to encourage and 
     facilitate new and increased voluntary efforts on a 
     continuing basis, particularly by persons and entities in the 
     private sector, to reduce global emissions of greenhouse 
     gases, including voluntary efforts to limit, control, 
     sequester, and avoid such emissions, the Secretary shall 
     promptly develop and establish, after an opportunity for 
     public comment of at least 60 days, a program of giving 
     annual public recognition, beginning not later than January 
     31, 2001, to all reporting persons and entities 
     demonstrating, pursuant to the voluntary collections and 
     reporting guidelines issued under this section, voluntarily 
     achieved greenhouse gases reductions, including such 
     information reported prior to the enactment of this 
     paragraph. Such recognition shall be based on the information 
     certified, subject to 18 U.S.C. 1001, by such persons or 
     entities for accuracy as provided in paragraph 2 of this 
     subsection. At a minimum such recognition shall annually be 
     published in the Federal Register.
       ``(6) Changes in Guidelines To Improve Accuracy and 
     Reliability.--The Secretary of Energy, through the 
     Administrator of the Energy Information Administration, shall 
     conduct a review, which shall include an opportunity for 
     public comment, of what, if any, changes should be made to 
     the guidelines established under this section regarding the 
     accuracy and reliability of greenhouse gas reductions and 
     related information reported under this section. Any such 
     review shall give considerable weight to the voluntary nature 
     of this section and to the purpose of encouraging voluntary 
     greenhouse gas emission reductions by the private sector. 
     Changes to be reviewed shall include the need for, and the 
     appropriateness of--
       ``(A) a random or other verification process using the 
     authorities available to the Administrator under other 
     provisions of law;
       ``(B) a range of reference cases for reporting of project-
     based activities in sectors, including, but not limited to, 
     the measures specified in subparagraph (1)(B) of this 
     subsection, and the inclusion of benchmark and default 
     methodologies for use in the reference cases for `greenfield' 
     projects; and
       ``(C) provisions to address the possibility of reporting, 
     inadvertently or otherwise, of some or all of the same 
     greenhouse gas emissions reductions by more than one 
     reporting entity or person and to make corrections where 
     necessary.

     The review should consider the costs and benefits of any such 
     changes, the impacts on

[[Page S4269]]

     encouraging participation in this section, including by 
     farmers and small businesses, and the need to avoid creating 
     undue economic advantages or disadvantages for persons or 
     entities of the private sector. The review should provide, 
     where appropriate, a range of reasonable options that are 
     consistent with the voluntary nature of this section and that 
     will help further the purposes of this section. The review 
     should be available in draft form for public comment of at 
     least 45 days before it is submitted to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Commerce of the House of Representatives. Such submittal 
     should be made by December 31, 2000. If the Secretary, in 
     consultation with the Administrator, finds, based on the 
     study results, that such changes are likely to be beneficial 
     and cost effective in improving the accuracy and reliability 
     of reported greenhouse gas reductions and related 
     information, are consistent with the voluntary nature of this 
     section, and furthers the purposes of this section, the 
     Secretary shall propose and promulgate, consistent with such 
     finding, such guidelines, together with such findings. In 
     carrying out the provisions of this paragraph, the Secretary 
     shall consult with the Secretary of Agriculture and the 
     Administrator of the Small Business Administration to 
     facilitate greater participation by small business and 
     farmers in this subsection for the purpose of addressing 
     greenhouse gas emission reductions and reporting such 
     reductions.''
       (6) in subsection (c), by inserting ``the Secretary of the 
     Department of Agriculture, the Secretary of the Department of 
     Commerce, the Administrator of the Energy Information 
     Administration, and'' before ``the Administrator''.
       (b) The Secretary shall revise, after opportunity for 
     public comment, the guidelines issued under section 1605(b) 
     of the Energy Policy Act of 1992 to reflect the amendments 
     made to such section 1605(b) by subsection (a)(2) through (4) 
     of this section not later than 18 months after the date of 
     enactment of this Act. Such revised guidelines shall specify 
     their effective date.
       (c) The provisions of subsection (a)(5) and (6) of this 
     section shall be effective on the date of enactment of this 
     Act.

     SEC. 5. CLIMATE TECHNOLOGY RESEARCH, DEVELOPMENT AND 
                   DEMONSTRATION PROGRAM.

       Subtitle B of title XXI of the Energy Policy Act of 1992 
     (42 U.S.C. 13471) is amended by adding the following new 
     subsection--

     ``SEC. 2120. CLIMATE TECHNOLOGY RESEARCH, DEVELOPMENT AND 
                   DEMONSTRATION PROGRAM.

       ``(a) Purpose.--The purpose of this section is to direct 
     the Secretary to further the goals of development and 
     commercialization of technologies, through widespread 
     application and utilization of which will assist in 
     stabilizing global concentrations of greenhouse gases, by the 
     conduct of a long-term research, development, and 
     demonstration program undertaken with selected industry 
     participants or consortia.
       ``(b) Program.--The Secretary, in consultation with the 
     Advisory Board established under section 2302, shall 
     establish a long-term Climate Technology Research, 
     Development, and Demonstration Program, in accordance with 
     sections 3001 and 3002.
       ``(c) Program Objectives.--The program shall foster--
       ``(1) development of new technologies and the enhancement 
     of existing technologies that reduce or avoid anthropogenic 
     emissions of greenhouse gases and improve energy efficiency;
       ``(2) development of new technologies that are able to 
     remove and sequester greenhouse gases from emissions streams; 
     and
       ``(3) development of new technologies and practices to 
     remove and sequester greenhouse gases from the atmosphere.
       ``(d) Program Plan.--
       ``(1) Initial plan.--Not later than 180 days after the date 
     of enactment of this section, the Secretary, in consultation 
     with appropriate representatives of industry, institutions of 
     higher education, Department of Energy national laboratories, 
     and professional and technical societies, shall prepare and 
     submit to the Congress a 10-year program plan to guide 
     activities under this section.
       ``(2) Biennial update.--The Secretary shall biennially 
     update and resubmit the program plan to the Congress.
       ``(e) Proposals.--
       ``(1) Solicitation.--Not later than one year after the date 
     of submittal of the 10-year program plan, and consistent with 
     section 3001 and 3002, the Secretary shall solicit proposals 
     for conducting activities consistent with the 10-year program 
     plan and select one or more proposals not later than 180 days 
     after such solicitation.
       ``(2) Qualifications.--In order for a proposal to be 
     considered by the Secretary, an applicant shall provide 
     evidence that the applicant has in existence--
       ``(A) the technical capability to enable it to make use of 
     existing research support and facilities in carrying out its 
     research objectives;
       ``(B) a multi-disciplinary research staff experienced in--
       ``(i) energy generation, transmission, distribution and 
     end-use technologies; or
       ``(ii) technologies or practices able to sequester, avoid, 
     or capture greenhouse gas emissions; or
       ``(iii) other directly related technologies or practices;
       ``(C) access to facilities and equipment to enable the 
     conduct of laboratory-scale testing or demonstration of 
     technologies or related processes undertaken through the 
     program.
       ``(3) Proposal criteria.--Each proposal shall--
       ``(A) demonstrate the support of the relevant industry by 
     describing--
       ``(i) how the relevant industry has participated in 
     deciding what research activities will be undertaken;
       ``(ii) how the relevant industry will participate in the 
     evaluation of the applicant's progress in research and 
     development activities; and
       ``(iii) the extent to which industry funds are committed to 
     the applicant's submission;
       ``(B) have a commitment for matching funds from non-Federal 
     sources, which shall consist of--
       ``(i) cash; or
       ``(ii) as determined by the Secretary, the fair market 
     value of equipment, services, materials, appropriate 
     technology transfer activities, and other assets directly 
     related to the proposal's cost;
       ``(C) include a single-year and multi-year management plan 
     that outline how the research and development activities will 
     be administered and carried out;
       ``(D) state the annual cost of the proposal and a breakdown 
     of those costs; and
       ``(E) describe the technology transfer mechanisms that the 
     applicant will use to make available research results to 
     industry and to other researchers.
       ``(4) Contents of proposals.--A proposal under this 
     subsection shall include--
       ``(A) an explanation of how the proposal will expedite the 
     research, development, demonstration, and commercialization 
     of technologies capable of--
       ``(i) reducing or avoiding anthropogenic emissions of 
     greenhouse gases;
       ``(ii) removing and sequestering greenhouse gases from 
     emissions streams; or
       ``(iii) removing and sequestering greenhouse gases from the 
     atmosphere.
       ``(B) evidence of consideration of whether the unique 
     capabilities of Department of Energy national laboratories 
     warrant collaboration with those laboratories, and the extent 
     of the collaboration proposed;
       ``(C) a description of the extent to which the proposal 
     includes collaboration with relevant industry or other groups 
     or organizations;
       ``(D) evidence of the ability of the applicant to undertake 
     and complete the proposed project;
       ``(E) evidence of applicant's ability to successfully 
     introduce the technology into commerce, as demonstrated by 
     past experience and current relationships with industry; and
       ``(F) a demonstration of continued financial commitment 
     during the entire term of the proposal from all industrial 
     sectors involved in the technology development.
       ``(f) Selection of Proposals.--From the proposals 
     submitted, the Secretary shall select for funding one or more 
     proposals that--
       ``(1) will best result in carrying out needed research, 
     development, and demonstration related to technologies able 
     to assist in the stabilization of lobal greenhouse gas 
     concentrations through one or more of the following 
     approaches--
       ``(A) improvement in the performance of fossil-fueled 
     energy technologies;
       ``(B) development of greenhouse gas capture and 
     sequestration technologies and processes;
       ``(C) cost reduction and acceleration of deployment of 
     renewable resource and distributed generation technologies;
       ``(D) development of an advanced nuclear generation design; 
     and
       ``(E) improvement in the efficiency of electrical 
     generation, transmission, distribution, and end use;''
       ``(F) design and use of--
       ``(i) closed-loop multi-stage industrial processes that 
     minimize raw material consumption and waste streams;
       ``(ii) advanced co-production systems (such as coal-based 
     chemical processing and biomass fuel processing); and
       ``(iii) recycling and industrial-ecology programs 
     integrating energy efficiency.
       ``(2) represent research and development in specific areas 
     identified in the program plan developed biennially by the 
     Secretary and submitted to Congress under subsection (c);
       ``(3) demonstrate strong industry support;
       ``(4) ensure the timely transfer of technology to industry; 
     and
       ``(5) otherwise best carry out this section.
       ``(g) Annual Progress Reports.--The Director of the Office 
     of Science and Technology, in consultation with the Director 
     of the Office of Management and Budget, shall prepare and 
     submit an annual report to Congress that--
       ``(1) certifies that the program objectives are adequately 
     focused, peer-reviewed and merit-reviewed, and not 
     unnecessarily duplicative with the science and technology 
     research being conducted by other Federal agencies and 
     agents, and
       ``(2) state whether the program as conducted in the prior 
     year addresses an adequate breadth and range of technologies 
     and solutions to address anthropogenic climate change, 
     including--
       ``(A) capture and sequestration of greenhouse gas 
     emissions;
       ``(B) development of photovoltaic, high-efficiency coal, 
     advanced nuclear, and fuel cell generation technologies;
       ``(C) cost reduction and acceleration of deployment of 
     renewable resource and distrbuted generation technologies; 
     and
       ``(D) improvement in the efficiency of electrical 
     generation, transmission, distribution, and end use;

[[Page S4270]]

       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $200,000,000 for each of fiscal years 2001 through 2010, to 
     remain available until expended. This authorization is 
     supplemental to existing authorities and shall not be 
     construed as a cap on the Department of Energy's Research, 
     Development and Demonstration programs''.

     SEC. 6. COMPREHENSIVE PLAN AND IMPLEMENTING PROGRAM FOR 
                   ENERGY RESEARCH, DEVELOPMENT, AND 
                   DEMONSTRATION.

       Section 6 of the Federal Nonnuclear Energy Research and 
     Development Act of 1974 (42 U.S.C. 5905) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3) by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) solutions to the effective management of greenhouse 
     gas emissions in the long term by the development of 
     technologies and practices designed to--
       ``(A) reduce or avoid anthropogenic emissions of greenhouse 
     gases;
       ``(B) remove and sequester greenhouse gases from emissions 
     streams; and
       ``(C) remove and sequester greenhouse gases from the 
     atmosphere.''; and
       (2) in subsection (b)--
       (A) in paragraph (2), by striking ``subdivision (a)(1) 
     through (3)'' and inserting ``paragraphs (1) through (4) of 
     subsection (a); and
       (B) in paragraph (3)--
       (i) in subparagraph (R), by striking ``and'' at the end;
       (ii) in subparagraph (S), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(T) to pursue a long-term climate technology strategy 
     designed to demonstrate a variety of technologies by which 
     stabilization of greenhouse gases might be best achieved, 
     including--
       ``(i) the accelerated commercial demonstration of low-cost 
     and high efficiency photovoltaic power systems;
       ``(ii) advanced clean coal technology;
       ``(iii) advanced nuclear power plant designs;
       ``(iv) fuel cell technology development for cost-effective 
     application in residential, industrial and transportation 
     applications;
       ``(v) low cost carbon sequestration practices and 
     technologies including biotechnology, tree physiology, soil 
     productivity and remote sensing;
       ``(vi) hydro and other renewables;
       ``(vii) electrical generation, transmission and 
     distribution technologies and end use technologies; and
       ``(viii) bio-energy technology.''

     SEC. 7. DEFINITIONS.

       For the purpose of this Act and the provisions of the 
     Energy Policy Act of 1992 (42 U.S.C. 13381, et seq.) and the 
     provisions of the Federal Nonnuclear Energy Research and 
     Development Act of 1974 (42 U.S.C. 5901, et seq.) which 
     statutes are amended by this Act, these terms are defined as 
     follows:
       ``(1) Agricultural activity.--The term `agricultural 
     activity' means livestock production, cropland cultivation, 
     biogas recovery and nutrient management.
       ``(2) Climate change.--The term `climate change' means a 
     change of climate which is attributed directly or indirectly 
     to human activity which is in addition to natural climate 
     variability observed over comparable time periods.
       ``(3) Climate system.--The term `climate system' means the 
     totality of the atmosphere, hydrosphere, biosphere and 
     geosphere and their interactions.
       ``(4) Greenhouse gases.--The term `greenhouse gases' means 
     those gaseous constituents of the atmosphere, both natural 
     and anthropogenic, that absorb and re-emit infrared 
     radiation.
       ``(5) Greenhouse gas reduction.--The term `greenhouse gas 
     reduction' means 1 metric ton of greenhouse gas (expressed in 
     terms of carbon dioxide equivalent) that is voluntarily 
     certified to have been achieved under section 1605 of the 
     Energy Policy Act of 1992 (42 U.S.C. 13385).
       ``(6) Greenhouse gas sequestration.--The term `greenhouse 
     gas sequestration' means extracting one or more greenhouse 
     gases from the atmosphere or an emissions stream through a 
     technological process designed to extract and isolate those 
     gases from the atmosphere or an emissions stream; or the 
     natural process of photosynthesis that extracts carbon 
     dioxide from the atmosphere and stores it as carbon in trees, 
     roots, stems, soil, foliage, or durable wood products.
       ``(7) Forest products.--The term `forest products' means 
     all products or goods manufactured from trees.
       (8) Forestry activity.--
       ``(A) In general.--The term `forestry activity' means any 
     ownership or management action that has a discernible impact 
     on the use and productivity of forests.
       ``(B) Inclusions.--Forestry activities include, but are not 
     limited to, the establishment of trees on an area not 
     previously forested, the establishment of trees on an area 
     previously forested if a net carbon benefit can be 
     demonstrated, enhanced forest management (e.g., thinning, 
     stand improvement, fire protection, weed control, nutrient 
     application, pest management, other silvicultural practices), 
     forest protection or conservation if a net carbon benefit can 
     be demonstrated, and biomass energy (using wood, grass or 
     other biomass in lieu of fossil fuel).
       ``(C) Exclusions.--The term `forest activity' does not 
     include a land use change associated with--
       ``(i) an act of war; or
       ``(ii) an act of nature, including floods, storms, 
     earthquakes, fires, hurricanes, and tornadoes.
       ``(9) Management of grasslands and drylands.--The term 
     `management of grasslands and drylands' means seeding, 
     cultivation, and nutrient management.
       ``(10) Ocean seeding.--The term `ocean seeding' means 
     adding nutrients to oceans to enhance the biological fixation 
     of carbon dioxide.''.

  Mr. BYRD. Mr. President, I join with my distinguished colleagues, 
Senators Murkowski, Hagel, Craig, Hutchinson, Grams, and Roberts, in 
cosponsoring the Energy and Climate Policy Act of 1999 which was 
introduced earlier today. The legislation provided in this bill is one 
of a number of options that the U.S. could undertake to improve energy 
efficiency and security and reduce greenhouse gas emissions. While the 
complex issue of climate change will not be solved by a single bill or 
action, this legislaiton provides additional funding for research and 
development for important programs that I have long supported, like 
clean coal technologies, an American-developed initiative. The bill 
would also take steps to coordinate and implement energy efficiency 
research as well as begin the process of better reporting greehouse gas 
reductions at the Department of Energy.
  If substantial steps are going to be taken globally to reduce 
greenhouse gas emissions, we must accelerate the development and 
commercialization of new technologies, anticipate changing conditions, 
and encourage public/private partnerships. Both developing and 
industrialized nations must find ways to tackle this complex and multi-
faceted problem. There is no single answer--there is no one silver 
bullet to fix this issue.
  Any viable climate change policy must include efforts to develop 
cleaner and more efficient fossil fuel-based energy production in order 
to meet growing energy needs. Clean coal technologies must be a part of 
that solution. When one examines the increase in global greenhouse gas 
emissions over the next several decades, the utilization of clean coal 
technologies is essential. Nations that are serious about reducing 
greenhouse gas emissions in the long term, especially many of the 
largest developing nations like China, cannot ignore clean coal 
technologies.
  In 1984, I proposed, and the Congress adopted, a $750 million Clean 
Coal Technology program. Originally, the program was designed to 
achieve long-term, real reductions in acid rain. Since then, the 
program has expanded, thanks to a joint government-industry investment 
of more than $6 billion. This investment has led to 40 first-of-a-kind 
projects in 18 states, including an array of high-technology ideas that 
can spearhead a new era of clean, efficient power plants which will 
continue to burn our nation's abundant coal resources. Much useful 
technology has resulted from this synergy of effort between government 
and private investment by incorporating leading-edge federal 
laboratories and practical business applications. More needs to be 
done, and the Energy and Climate Policy Act of 1999 seeks to fuel this 
synergy by encouraging more public-private projects in all areas of 
energy production and use. This boost will help to move ideas into 
reality.

  It is critical that the U.S. find better ways to use our own energy 
resources by encouraging more research and development. These 
initiatives have both environmental and economic benefits. This bill 
provides an additional $200 million per year for ten years for 
research, development, and demonstration programs through competitive 
grants. It would also take further steps to coordinate and implement 
energy research and development. These programs build upon the many 
voluntary efforts that government at all levels and industry have 
already undertaken to improve energy use as well as to reduce, avoid, 
or sequester greenhouse gas emissions. All sectors of the economy 
should be able to benefit from these programs.
  In addition to its many benefits at home, the clean coal technology 
program can also provide an economically beneficial and environmentally 
sound solution in the international market. According to the coal 
industry, coal production will continue to increase

[[Page S4271]]

worldwide. Coal can be a cost-competitive source of fuel for 
electricity generation, but, like other fossil fuels, it will require 
improvements in its environmental credentials. Developing nations are 
currently searching for cost-effective ways to upgrade their older, 
higher-polluting power plants and to expand their power production 
capacity. These nations can learn from our experiences and utilize our 
new technologies to combat these problems. I note that during the 
recent visit of Chinese Premier Zhu Rongji, the U.S. and China both 
agreed that more should be done to employ clean coal technologies.
  After 2015, China is expected to surpass the U.S. as the world's 
largest emitter of greenhouse gases. Global warming is a global 
problem. It is not just an American problem. It is not just a European 
problem. And as such, it requires a global solution. Industrialized 
nations' efforts to reduce our own greenhouse gas emissions will be for 
naught unless reductions are also made by nations like China and India. 
Coal will continue to be a major source of their energy production; 
therefore, clean coal technologies are essential to their responsible 
growth. The U.S. must support further efforts to encourage clean coal 
and other energy efficient technologies and to take them from the 
drawing board to the marketplace. Funding for these programs is 
pointless unless our government works in conjunction with the private 
sector to break down market barriers and prove the viability of such 
programs in the global market.
  Research, development, and demonstration programs provide numerous 
benefits to improve air quality standards, increase our energy 
efficiency, and reduce greenhouse gases. While the intent of this bill 
is independent of the Kyoto Protocol, this legislation, in addition to 
its many other benefits, could help the U.S. in addressing climate 
change challenges that might result from the implementation of any 
future treaty.
  In its present form, the Kyoto Protocol does not meet the conditions 
outlined in S. Res. 98, which passed the Senate on July 25, 1997; 
namely, it must include developing country participation as well as 
provide sufficient detail to explain the economic impact of such an 
agreement for the United States. I recognize that the Protocol is a 
work in progress. The international negotiations to bring it into 
compliance with S. Res. 98 will require perseverance and patience and 
are part of a long-term effort to address global climate change. The 
Administration has not submitted the Kyoto Protocol to the Senate for 
its advice and consent and has indicated it has no intention of doing 
so in the foreseeable future. the Administration has indicated that it 
needs at least two additional years to complete negotiations on the 
Buenos Aires Action Plan which includes negotiating major aspects of 
the Protocol such as developing country participation, emissions 
trading, the Clean Development Mechanism, and forest and soil sinks. 
The Administration has also pledged not to implement any portion of the 
Kyoto Protocol prior to its advice and consent in the Senate. I hope 
that that pledge will continue to be honored.
  Over the last year and a half, a number of economic studies have been 
completed, but we have yet to see a comprehensive analysis of the Kyoto 
Protocol. I remain firmly convinced that it is critical that the United 
States knows in some detail the probable costs and benefits of the 
specific actions proposed to address global climate change.
  In summary, improved resource use, energy efficiency and security, 
and global climate change will all be critical issues for every nation 
in the new millennium. Market-based solutions and research and 
development funding will play a vital role in addressing these issues. 
By cosponsoring the Energy and Climate Policy Act of 1999, I hope that 
U.S. firms can receive additional funding to help increase research and 
development for important new technologies. These initiatives, in 
addition to other market-based solutions, could provide vehicles for 
real improvements in energy efficiency as well as reductions in 
greenhouse gas emissions, and an important marketable solution for 
global participation in such reductions.
  Mr. CRAIG. Mr. President, I rise today to join with my distinguished 
colleagues, Senators Murkowski, Hagel, Byrd, and others, in introducing 
the Energy and Climate Policy Act of 1999. I commend Chairman Murkowski 
and Senators Hagel and Byrd for their leadership on this very important 
legislation.
  Sufficient scientific information and public interest exist to 
justify the encouragement and acknowledgment of responsible actions by 
private entities to reduce greenhouse gas emissions, even though all 
scientific, technological, economic, and public policy questions have 
not yet been resolved.
  The global climate issue presents profound questions in these areas 
that require comprehensive, integrated resolution. Current scientific 
research, experimentation, and data collection are not adequately 
coordinated or focused on answering key questions within the United 
States, as well as internationally.
  Moreover, public access to scientific, economic, and public policy 
information is severely limited. The public's right to know is not 
being satisfied. Open and balanced discussion leading to public support 
for best approaches to climate policy resolution is urgently needed.
  This measure does not depend on future regulatory mandates, an 
approach preferred by the current Administration to reduce greenhouse 
gas emissions. It also provides a valid alternative to S. 547, the 
Credit for Voluntary Reductions Act, introduced recently by my friends 
and colleague Senator John Chafee. The key difference between Senator 
Chafee's bill and our bill is that our bill is not dependent on the 
Kyoto protocol or any other regulatory mandate.
  It is my belief, Mr. President, that voluntary measures should be 
encouraged through incentives rather than in anticipation of future 
domestic or international regulatory mandates.
  Mr. President, I am also very concerned about the Administration's 
strong desire to drastically cut carbon and its seeming willingness to 
do so by whatever regulatory measure available. Demonstrative evidence 
of the Administration's thinking on this issue is contained in the 
April 10, 1998, EPA General Counsel memo to Carol Browner, describing 
EPA's authority to regulate carbon dioxide under the Clean Air Act.
  This memo, in my opinion, clearly overstates EPA's authority to 
regulate pollutants under the Clean Air Act. Moreover, this memo is 
indicative of the Administration's penchant for finding regulatory 
fixes for problems. Its allies in this campaign are those in the 
international community who are either indifferent to, or against our 
economic interests. we all know, or should know, that at this moment in 
history, when you cap carbon you cap economic growth.

  We need a whole new paradigm for handling this serious political 
issue. People care about it on all sides, and now Congress will be 
involved in this issue during this session. Let's get serious about the 
science and fully inform the American people so that whatever the 
outcome, they'll know that their government was working for them and 
not against their important economic interests.
  Let's force the current Administration to stop politicizing science 
and get to the point where the issue is confidently understood. There 
is simply no compelling reason for our government at this time to force 
Americans to take preventive measures of uncertain competence against a 
problem that may or may not lie in the earth's future.
  It is for these reasons that I, along with Senators Murkowski, Hagel, 
and others, are continuing to work on the next step in this very 
important response to the climate change issue--a more comprehensive 
proposal that will include provisions that address:
  (1) Policy mechanisms for assessing the effects of greenhouse gas 
emissions;
  (2) Accelerated development and deployment of climate response 
technology;
  (3) International deployment of technology to mitigate climate 
change;
  (4) The advancement of climate science; and
  (5) Improving public access to government information on the broad 
spectrum of scientific opinion on the causes and effects of climate 
change.

[[Page S4272]]

  Mr. President, significant green-house gas emission reductions can be 
achieved through voluntary measures that are warranted even as we 
answer yet unresolved key questions about the global and regional 
climates.
  What is required now is an approach that will encourage public 
support for appropriate action. I believe this bill paves the way for 
such public support, and, by reasonably addressing the important 
economic and political issues associated with the current climate 
change debate, sets the proper tone for future discourse that will 
ultimately lead to a safe and economically prudent resolution of this 
highly charged issue.
  Mr. GRAMS. Mr. President, I rise today to support the efforts of 
Senator Murkowski and Senator Hagel by cosponsoring the Energy and 
Climate Policy Act of 1999.
  This legislation marks a turning point in how we address the 
potential problems associated with global climate change.
  It addresses these potential problems not by mandating draconian 
reductions in energy use and hiking energy taxes, but by providing 
America's businesses and innovators with the tools they need to make 
long-term, substantive carbon dioxide emissions reductions.
  One of the problems with the administration's support of the Kyoto 
Protocol is that while they have already agreed to legally-binding 
greenhouse gas emissions reductions, the GAO found last year that the 
administration does not have quantitative performance goals for the 
money they intend to spend on their intiatives.
  In other words, the administration has agreed to a treaty with 
legally-binding reductions and they clearly want to spend a lot of 
money to reach those limits--but they don't have any idea how much of 
an impact all of their spending will have on emissions reductions.
  This legislation says ``let's take a different road.'' The Murkowski-
Hagel bill will establish a new research, development and demonstration 
program that promotes technologies and practices which allow energy 
users to avoid or reduce greenhouse gas emissions.
  Those technologies include alternative energy technologies, energy 
efficiency technologies, and technologies that take current energy 
production processes and make them better and more efficient.
  The bill will also promote technologies that remove and sequester 
greenhouse gases from the atmosphere and emissions streams.
  This bill is aimed at involving the private sector in our 
decisionmaking processes and bringing them to the table as well. It is 
aimed at putting American ingenuity to work whether it be in the home, 
at the business, or out on the farm. The Murkowski-Hagel bill simply 
says that we recognize our responsibility to reduce or sequester 
greenhouse gas emissions and we are taking substantive, long-term steps 
to that rising challenge.
  The Murkowski-Hagel bill does not start from the premise that we are 
to blame for the theoretical impacts of global warming. It doesn't 
attempt to punish American businesses by forcing them to reduce their 
energy consumption or by bankrupting them through higher energy prices. 
This bill does not accept the long-held beltway view that Washington 
knows best. It recognizes that American businesses and individuals can 
do tremendous things when they are challenged to do better and when 
Government is their partner rather than their adversary.
  I sincerely hope that all Members of the Senate can support this 
piece of legislation so that it can pass into law as soon as possible. 
I look forward to continuing to work with Senators Murkowski and Hagel 
and others interested to continue our efforts to both protect the 
environment and strengthen the American economy as we enter into the 
21st century.
  While I am here this morning, I would like to renew my request to 
President Clinton that he submit the recently signed Kyoto Protocol to 
the Senate for ratification. Mr. President, the United States Senate 
has clearly expressed its interest in this matter and its opposition to 
any attempts to implement the Treaty prior to Senate advice and 
consent.
  In the 105th Congress, the Senate undertook a number of activities 
which illustrated these concerns. First, S. Res. 98 unanimously 
expressed the Senate's position on both the projected economic impacts 
of the Treaty and the participation of developing nations.
  Second, in a series of measures, including the FY99 Energy and Water 
Appropriations Bill, the FY99 Department of Defense Appropriations 
Bill, the Strom Thurmond National Defense Authorization Act, and the 
FY99 VA, HUD, and Independent Agencies Appropriations Act, the Senate 
expressed its concern with any attempts at premature implementation and 
Administration actions which advance the provisions of the Treaty prior 
to Senate advice and consent. It is my understanding that the 
Administration has largely ignored the provisions of those pieces of 
legislation.
  While President Clinton has long maintained that he will not submit 
the Treaty to the Senate prior to obtaining ``meaningful'' developing 
nation participation, his recent actions clearly demonstrate that he 
will not withdraw U.S. support, regardless of what the final agreement 
may be.
  By signing the Treaty on November 12, 1998, while allowing an 
additional two years for continued negotiations on elements critical to 
the Treaty's impact on our nation, he has predetermined the outcome and 
weakened our nation's negotiating position. And despite the Senate's 
unanimous framework provided within S. Res. 98, there has been little 
substantive progress towards obtaining any ``meaningful'' participation 
among developing nations.
  I can only conclude that the Administration's premature signing of 
this Treaty was based on political considerations that should never 
have been factored into such an important decision. Under no 
circumstances should a Treaty be signed until we agree with its 
principals. Just briefly, as I conclude, once a Treaty has been signed 
by the United States, it should immediately be sent to the Congress for 
ratification, not used for political purposes.
  So again, I strongly urge the President to submit the Kyoto Protocol, 
which he has already signed, to the Senate for ratification. If he 
believes it is important enough to sign and to implement through 
backdoor tactics, then he should also believe it is important enough to 
for Congress, the people's voice, to have an opportunity to review it, 
debate it, and vote on its ratification.
  I believe the Senate must have the opportunity to examine the Treaty 
now and debate it openly before the American people.
                                 ______