[Congressional Record Volume 150, Number 133 (Thursday, November 18, 2004)]
[Senate]
[Pages S11498-S11500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      COMMERCIAL SPACE LAUNCH ACT

  Mr. INHOFE. Mr. President, I want to introduce two bills today. One 
of them is about a program nobody seems to know about. That is the 
space launch program. I don't know whether it is in the State of Texas 
or where they are doing this. But in Oklahoma, in Burns Flat, we have 
been very active in trying to get the Commercial Space Launch Program 
going. This is an opportunity for people to go into suborbital launch 
vehicles using a hybrid technology of a combination rocket injection 
engine. We are doing this. There have been several of them so far.
  I have been a commercial pilot now for almost 50 years--47 years, I 
guess. I have a natural interest in this. I have had occasion to fly an 
airplane around the world. I have watched it from all levels.
  I see the excitement in people's faces saying, I can fly in space.
  We have this program which nobody knows about. It is a program that 
will allow people to get into things such as a Learjet that has a 
rocket on that will actually launch them, take them up and give them 
the experience of travel in space.
  There have been some problems with this, however. There are some 
problems with people being able to do this with the company putting 
these programs together incurring responsibilities and liabilities.
  It is very similar to the program we have been concerned with in the 
oil industry to try to expand it and keep people from being able to 
have frivolous lawsuits. That is what we are up against here.
  We have introduced a bill that is designed to allow participation in 
this emerging space launching activity for a greater number of people.
  The FAA will now have sole regulation authority for the suborbital 
hybrid vehicles. It will be appropriately considered. We are not taking 
any risk here. This is just to allow the private sector to enjoy this 
type of thing.
  I will be introducing today S. 2998 with the idea of making this a 
reality and giving this privilege to a lot of people and allowing us to 
develop technology.
  It is interesting. A lot of people go to an event every year in 
Oshkosh, WI. I have gone for 27 consecutive years. We go up there to 
see all of the new technology, what people are putting together in 
their experimental aircraft, airplanes they are making in their garages 
and basements. A lot of technology we are now using in the space 
program was actually started right there in someone's garage. That is 
essentially what we want to get at with the Commercial Space Launch Act 
we introduce today.
                                 ______
                                 
      By Mr. TALENT:
  S. 3001. A bill entitled the ``Hybrid HOV Access Act''; to the 
Committee on Environment and Public Works.
   Mr. TALENT. Mr. President, I am pleased to be introducing this bill, 
which will allow more owners of hybrid electric vehicles, or HEVs, to 
have access to HOV lanes on Federal highways. For all of us who have a 
desire to lessen our dependence on foreign oil and encourage the use of 
renewable energy, this bill represents a step forward towards achieving 
those goals.
  The language that is currently in the highway bills passed by the 
House and the Senate allows hybrid vehicles that achieve a 45 mile-per-
gallon fuel economy highway rating to use HOV lanes. Any hybrid that 
achieves that kind of fuel economy certainly deserves to get that 
status, because it is a very impressive fuel economy rating and 
represents a substantial improvement over non-hybrid vehicles. What the 
45 mile-per-gallon standard fails to take into account, however, is 
that many larger hybrid vehicles achieve a much larger fuel economy 
improvement over their internal combustion engine counterparts, and 
thus save more energy, than smaller vehicles which manage to meet the 
standard but are a less drastic improvement over their non-hybrid 
counterparts.
  To illustrate this, take the 2005 model Honda Civic HEV, which gets 
just over 45 miles-per-gallon. This represents less than a 40 percent 
improvement over the comparable internal

[[Page S11499]]

combustion model. The 2005 Ford Escape HEV, on the other hand, is a 
truck, so it gets fewer miles per gallon than a Civic, between 35 and 
40. However, this is a 75 percent improvement over its internal 
combustion engine counterpart, and in addition, the Escape HEV emits 3-
4 tons fewer greenhouse gases every year than the non-hybrid.
  There is no reason to discriminate against these larger, American-
made hybrids like the Ford Escape. They are truly engineering marvels 
and are so clearly beneficial for the environment. The bill that I have 
sponsored will give states the discretion to open up their HOV lanes to 
hybrid vehicles that achieve a substantial increase in fuel economy 
relative to comparable gasoline vehicles, or achieve a substantial 
increase in lifetime fuel savings relative to comparable gasoline 
vehicles. It creates a minimum standard of improvement necessary for 
hybrids, but gives states the option of increasing the requirements. 
This bill also allows states to open HOV lanes to single occupancy 
advanced lean burn vehicles that achieve at least a 25 percent increase 
in fuel economy relative to comparable gasoline vehicles and that are 
certified to Clean Air Act Tier 2 standards.
  I am hopeful that my colleagues on both sides of the aisle can agree 
that we should do all we can to encourage the use of renewable energy 
in our country, and hybrid vehicles are an important part of that. The 
people who drive these vehicles are doing their part to help clean up 
the air and increase energy conservation, and we should give more 
people an incentive to buy these vehicles by giving them access to HOV 
lanes. Thank you, Mr. President.
                                 ______
                                 
      By Mr. REID (for himself and Mr. Ensign):
  S. 3003. A bill to direct the Secretary of the Interior to convey to 
the City of Henderson, Nevada, certain Federal land located in the 
City, and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. REID. Mr. President, I rise today for myself and Senator Ensign 
to introduce the Southern Nevada Limited Transition Area Act, which 
enhances the ability of a rapidly growing community to diversify its 
economy, gainfully employ its residents, and achieve fiscal 
sustainability.
  The bill I am introducing today would convey 547 acres of land from 
the Bureau of Land Management to the city of Henderson, NV, for 
development as an employment and business center.
  BLM has designated this parcel for disposal because of its urban 
surroundings and its isolation from other public land, which renders it 
difficult for the agency to manage.
  The parcel is located in a rapidly growing area of the city, but is 
impacted by aircraft noise and overflights from the nearby Henderson 
Executive Airport that make it unsuitable for residential use.
  But rather than cringing from these impediments, the city of 
Henderson sees opportunity. The city's land-use planning department 
envisions a business center that provides diverse employment 
opportunities for the region, while helping to pay for public 
infrastructure in nearby residential areas.
  This bill establishes the conditions to make that vision come true.
  The bill would convey the land to the city by patent. The city would 
then subdivide and sell lots at fair market value. As in previous 
conveyances of Federal land designated in the Southern Nevada Public 
Lands Management Act for disposal, 85 percent of the proceeds from 
sales would return to the BLM's Special Account for acquiring 
environmentally sensitive land. Five percent of the proceeds would fund 
the State of Nevada's general education program. And the city of 
Henderson could use the remaining 10 percent to cover expenses 
associated with subdividing the property and providing infrastructure.
  Henderson, NV, is a new and rapidly growing city. Its leaders are 
dedicated to making the city a national model of logical development, 
diversified employment, and fiscal sustainability. This bill 
establishes the conditions needed to realize that vision.
  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. 3003

       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 ``Southern Nevada Limited 
     Transition Area Act''.

     SEC. 2. DEFINITIONS.

        In this Act:
       (1) City.--The term ``City'' means the City of Henderson, 
     Nevada.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Special account.--The term ``Special Account'' means 
     the special account established under section 4(e)(1)(C) of 
     the Southern Nevada Public Land Management Act of 1998 (112 
     Stat. 2345).
       (4) State.--The term ``State'' means the State of Nevada.
       (5) Transition area.--The term ``Transition Area'' means 
     the approximately 547 acres of Federal land located in 
     Henderson, Nevada, and identified as ``Limited Transition 
     Area'' on the map entitled ``Southern Nevada Limited 
     Transition Area Act'' and dated November 16, 2004.

     SEC. 3. SOUTHERN NEVADA LIMITED TRANSITION AREA.

       (a) Conveyance.--Notwithstanding the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1701 et seq.), on 
     request of the City, the Secretary shall, without 
     consideration and subject to all valid existing rights, 
     convey to the City all right, title, and interest of the 
     United States in and to the Transition Area.
       (b) Use of Land for Nonresidential Development.--
       (1) In general.--After the conveyance to the City under 
     subsection (a), the City may sell any portion or portions of 
     the Transition Area for purposes of nonresidential 
     development.
       (2) Method of sale.--The sale of land under paragraph (1) 
     shall be--
       (A) through a competitive bidding process; and
       (B) for not less than fair market value.
       (3) Compliance with charter.--Except as provided in 
     paragraphs (2) and (4), the City may sell parcels within the 
     Transition Area only in accordance with the procedures for 
     conveyances established in the City Charter.
       (4) Disposition of proceeds.--Of the gross proceeds from 
     the sale of land under paragraph (1), the City shall--
       (A) deposit 85 percent in the Special Account;
       (B) retain 10 percent as compensation for the costs 
     incurred by the City--
       (i) in carrying out land sales under paragraph (1); and
       (ii) for the provision of public infrastructure to serve 
     the Transition Area, including planning, engineering, 
     surveying, and subdividing the Transition Area for 
     nonresidential development; and
       (C) pay 5 percent to the State for use in the general 
     education program of the State.
       (c) Use of Land for Recreation or Other Public Purposes.--
     The City may elect to retain parcels in the Transition Area 
     for public recreation or other public purposes consistent 
     with the Act of June 14, 1926 (commonly known as the 
     ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
     seq.) by providing to the Secretary written notice of the 
     election.
       (d) Noise Compatibility Requirements.--The City shall--
       (1) plan and manage the Transition Area in accordance with 
     section 47504 of title 49, United States Code (relating to 
     airport noise compatibility planning), and regulations 
     promulgated in accordance with that section; and
       (2) agree that if any land in the Transition Area is sold, 
     leased, or otherwise conveyed by the City, the sale, lease, 
     or conveyance shall contain a limitation to require uses 
     compatible with that airport noise compatibility planning.
       (e) Reversion.--
       (1) In general.--If any parcel of land in the Transition 
     Area is not conveyed for nonresidential development under 
     this Act or reserved for recreation or other public purposes 
     under subsection (c) within 20 years after the date of the 
     enactment of this Act, the parcel of land shall, if 
     determined to be appropriate by the Secretary, revert to the 
     United States.
       (2) Inconsistent use.--If the City uses any parcel of land 
     within the Transition Area in a manner that is inconsistent 
     with the uses specified in this section--
       (A) at the election of the Secretary, the parcel shall 
     revert to the United States; or
       (B) if the Secretary does not make an election under 
     paragraph (1), the City shall sell the parcel of land in 
     accordance with subsection (b)(2).
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 3004. A bill to amend chapter 99 of the Internal Revenue Code of 
1986 to clarify that certain coal industry health benefits may not be 
modified or terminated; to the Committee on Finance.
  Mr. ROCKEFELLER. Mr. President, today I am introducing legislation to 
make very clear that Congress fully protected the health insurance 
benefits

[[Page S11500]]

of miners and their families when we passed the Coal Act in 1992. 
Unfortunately, we have recently seen bankruptcy courts disregard the 
Coal Act and absolve companies of their obligations to provide health 
benefits for workers and retirees. This is unacceptable. And the bill I 
am introducing today reiterates that the bankruptcy code does not 
supercede the Coal Act.
  This year another company has abandon promises it made to workers and 
retirees in West Virginia. Horizon Natural Resources sought and 
received a court ruling that releases it from its contracts with union 
miners and allows it to avoid honoring health care benefit obligations 
for over 2,300 retired miners. This is a morally bankrupt corporate 
strategy, and is inconsistent with the Coal Act passed by Congress in 
1992.
  The Coal Act was needed in 1992 to prevent some companies from 
walking away from their clear contractual obligations and agreements 
with their workers. One of the provisions of that bill was written 
especially with the intent of not allowing companies to simply 
reorganize as a way to get out of their obligations to their workers. 
Unfortunately, too many companies are increasingly using bankruptcy 
courts to achieve the same results.
  It should not be necessary for me to introduce this bill today. 
Congress has already spoken on this subject. The law is clear: Coal Act 
retirees are entitled to full benefits provided under the statute. No 
judge should rewrite the law to take those benefits away. However, 
because judges are legislating from the bench, it will be helpful for 
Congress to reiterate our intention to protect the health benefits of 
coal miners and their families.
  I recognize that the 108th Congress is coming to a close. But I am 
introducing this legislation today because this issue is extremely 
important to all of those who are being victimized by the bankruptcy 
courts. I hope that early next year my colleagues will join me in this 
effort to protect the miners, retired miners, and families who are 
simply seeking the benefits they were promised in exchange for years of 
hard work.
                                 ______
                                 
      By Ms. STABENOW (for herself, Mr. Craig, Mr. Levin, Mr. Crapo, 
        Mr. Jeffords, and Mr. Rockefeller):
  S. 3005. A bill to allow State Homeland Security Program grant funds 
to be used to pay costs associated with the attendance of part-time and 
volunteer first responders at terrorism response courses approved by 
the Office for State and Local Government Coordination and 
Preparedness; to the Committee on Governmental Affairs.
  Ms. STABENOW. Mr. President, I rise to introduce the Stabenow-Craig 
Rural and Part-time Firefighter Training Fairness Act. This bill would 
ensure that our part-time and rural firefighters are not being treated 
as second class citizens. I want to thank Senator Craig for his hard 
work on this very important issue, and Senators Levin, Crapo, 
Rockefeller, and Jeffords for their support of this bill.
  Mr. President, many part-time and volunteer firefighters in rural and 
small communities across the country are not attending Office of 
Domestic Preparedness-approved terrorism response training courses 
because Federal guidelines do not allow them to be reimbursed for the 
time they are away from their full-time jobs. Our bill would simply 
direct the ODP to allow part-time and volunteer first responders, to 
receive a reasonable stipend when they participate in ODP-approved 
terrorism response courses.
  The Federal Government should not penalize rural and small 
communities and their firefighters from receiving training necessary to 
respond to a terrorist attack. In several counties in northern lower 
Michigan, State Homeland Security Grant funds sit unused because their 
fire departments are composed entirely of volunteer or part-time 
firefighters. Last year, the State of Michigan set aside $9 million in 
Homeland Security grants to prepare firefighters, including ODP 
training courses, to respond to terrorist incidents. However, this 
grant money is being underutilized since 72 percent of the firefighters 
in Michigan are volunteer or part-time and are not attending terrorism 
response training sessions.
  All firefighters need the capability to respond to all types of 
emergencies. When Americans call 9-1-1, the fire department doesn't 
send only their full-time firefighters, they send everyone regardless 
of their status. Most part-time firefighters in rural areas hold full-
time jobs in addition to serving and protecting their communities. It 
is unreasonable to expect them to take leave from their regular jobs, 
and forgo their pay from their full-time jobs, to attend terrorism 
response training courses that include incident command, civil action 
management, and radiological response.
  Mr. President, many of our small, rural communities face the same 
homeland security challenges as larger cities with more resources. For 
example, Michigan has a long international border with Canada, and many 
of these small and rural border communities rely on part-time and 
volunteer firefighters. These responders must be capable of protecting 
these borders against the same terrorist threats that urban areas face. 
When there is an accident in the future and, God forbid, if there is a 
terrorist attack, we're not going to send only full-time firefighters 
to save people's lives.
  This bill was included as a bipartisan amendment to the Senate 
version of the fiscal year 2005 Department of Homeland Security 
Appropriations bill, but was removed by the House Republican leadership 
in conference. This issue is too important for Congress to ignore, and 
I am going to keep fighting until our volunteer and part-time 
firefighters are treated fairly and receive the terrorism response 
training they need.
  Mr. President, I'm pleased to note that the change in Federal 
guidelines this bill requires will not cost the Government any funding. 
It will not affect the distribution of State Homeland Security grants. 
It will just enable communities that have been awarded these grants to 
use them to pay their firefighters a reasonable stipend when they leave 
their full-time jobs and attend these terrorism response course. This 
is a matter of fairness to ensure that those that we rely on to respond 
to emergencies have the training they need.
  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. 3005

       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 ``Rural and Part-time 
     Firefighter Training Fairness Act''.

     SEC. 2. STATE AND LOCAL PROGRAMS.

       Notwithstanding any other provision of law, funds 
     appropriated to the Office of State and Local Government 
     Coordination and Preparedness for grants to States and local 
     governments may be used by such States and local governments 
     to provide a reasonable stipend to part-time and volunteer 
     first responders who are not otherwise compensated for travel 
     to or participation in terrorism response courses approved by 
     the Office for Domestic Preparedness, which stipend shall not 
     be considered compensation for purposes of rendering such 
     first responder an employee under the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 201 et seq.).

                          ____________________