[Congressional Record Volume 155, Number 149 (Thursday, October 15, 2009)]
[Senate]
[Pages S10462-S10464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 
                        2010--CONFERENCE REPORT

  The PRESIDING OFFICER. Under the previous order, the Senate will 
resume consideration of the conference report to accompany H.R. 3183, 
which the clerk will report.
  The bill clerk read as follows:

       Conference report to accompany H.R. 3183, an act making 
     appropriations for energy and water development and related 
     agencies for the fiscal year ending September 30, 2010, and 
     for other purposes.

  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Mr. President, I ask unanimous consent that at 2:15 p.m. 
today, all postcloture time be yielded back and the Senate then proceed 
to vote on adoption of the conference report to accompany H.R. 3183, 
the Energy and Water Appropriations Act; further, that no points of 
order be in order.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEVIN. Mr. President, I will vote to approve this conference 
agreement to provide over $33 billion for a variety of energy and water 
infrastructure projects and programs. Michigan is surrounded by the 
Great Lakes, and the funding provided in this conference report to the 
Army Corps to maintain the navigational infrastructure and to clean up 
and protect the Great Lakes is especially important. Michigan also will 
benefit from the investments in clean energy technologies and energy 
efficiency programs provided in this bill that will help create a more 
sustainable economy while producing quality jobs.
  The conference report includes important funding for a wide range of 
energy research and technology development at the Department of Energy, 
including advanced vehicle technologies, hydrogen and fuel cell 
technologies, wind and solar energy technologies, and biomass and 
biorefinery systems. This conference report also includes funding for 
critical areas of science including high energy and nuclear physics, 
biological and environmental research, and advanced scientific 
computing research. Research and technology development in these 
groundbreaking areas of energy and science will continue our nation's 
advancement toward greater use of technologies that will reduce our 
dependence on oil, reduce our carbon footprint and greenhouse gas 
emissions, and increase our reliance on our home-grown renewable 
resources. Federal Government support of research and development in 
these technology areas will also help ensure that our companies remain 
competitive in the global marketplace and ensure that the U.S. remains 
on the competitive edge of technology development and scientific 
discovery.
  I am particularly pleased that the conference report includes $12 
million in funding for research and development, conceptual design and 
engineering for the Facility for Rare Isotope Beams, FRIB, to be built 
at Michigan State University. Inclusion of this funding in the 
conference report is critical to moving forward with this facility. 
Under the Department's current plans, engineering work would continue 
in fiscal year 2011, with initial design work beginning in fiscal year 
2011 and continuing into fiscal year 2012. Construction of the facility 
would begin in fiscal year 2013. MSU has solid and well-known expertise 
in the field of rare isotopes and nuclear physics, with the largest 
nuclear physics faculty in the nation and a nuclear physics graduate 
program ranked number two in the U.S., second only to MIT. MSU is 
currently the home of the National Superconducting Cyclotron 
Laboratory, NSCL, which is the most advanced rare isotope accelerator 
in the U.S. and is the largest nuclear science facility on a university 
campus. FRIB is the next generation rare isotope facility and the 
Department of Energy's decision in December 2008 to select MSU for FRIB 
is an indication of the university's preeminence in this field.
  I am also pleased that the conference report includes funding for 
several important energy projects in Michigan that will advance the 
development of technologies including advanced batteries and energy 
storage systems, plug-in hybrid vehicles, solar and photovoltaic 
systems, wind energy, biomass, and energy efficiency. Michigan 
companies and universities are well-positioned to contribute to the 
development of these advanced technologies, offering both significant 
expertise in these technology areas and a highly trained workforce to 
carry out the manufacture and production of these technologies.
  About 180 million tons of goods are transported to and from Great 
Lakes harbors and ports each year, providing fuel to heat and cool 
homes and businesses, limestone and cement to build roads and 
buildings, iron ore to produce steel, and grain to feed our Nation and 
for export overseas. Throughout the Great Lakes, there are significant 
dredging and other operation and maintenance needs so that freighters 
can safely deliver these vital commodities. There is a significant 
backlog in the work required to maintain the Great Lakes navigational 
system. The Army Corps estimates there is a backlog of 17 million cubic 
yards of material that needs to be dredged in the Great Lakes, which is 
estimated to cost to about $200 million, to restore

[[Page S10463]]

the full functionality of the navigational system. The conference 
report includes an additional $6 million above the administration's 
budget to address this dredging backlog at Michigan harbors and 
waterways, and attend to other operations and maintenance needs, 
including repair and renovation of breakwaters, improvements to locks, 
and disposal of dredged materials.
  An important element of the Great Lakes navigational system is the 
Soo Locks, which connects Lake Superior with Lakes Huron and Michigan. 
Every year, over 80 million tons of commodities pass through the Soo 
Locks, the bulk of which move through the Poe Lock, the larger of the 
two operational Soo locks. To ensure shipping is not impeded at the Soo 
Locks, it is important that another Poe-sized lock be built. 
Construction on the new lock began this past July, and it is important 
that this project be completed so that vital industrial and 
agricultural shipments are not impeded. The conference report includes 
about $1 million for this project, which is barely a dent in what is 
needed for this project; the Army Corps estimated that it could use 
about $100 million in fiscal year 2010 for this $500 million project. I 
will continue to urge the Administration to include funding for this 
important project in their budget, and I am glad the conference report 
also makes this strong recommendation. The conference report states 
that ``the conferees are deeply concerned that despite congressional 
support for the project, the support of the states in the region, and 
the fact that the Army Corps of Engineers recognizes the Soo Locks as 
the `single point of failure' that can cripple Great Lakes shipping, 
the administration has failed to include funding for a second large 
lock, either under the authority provided in the American Recovery and 
Reinvestment Act, ARRA, or in its budget request for fiscal year 
2010.'' I hope this lack of funding will be rectified in next year's 
budget.
  This bill includes important funding for several Great Lakes programs 
including the Great Lakes Fishery and Ecosystem Restoration Program, 
Remedial Action Planning Technical Assistance, and the Sediment 
Transport Models and Sediment Management Planning program. These 
programs will help restore and protect the Great Lakes.
  I am also pleased that the bill includes over $6 million for the 
Corps' work to prevent the introduction of Asian carp and other 
invasive species into the Great Lakes. Invasive species can 
dramatically change the fishery and ecosystem by outcompeting native 
species for food and habitat. Asian carp are particularly devastating 
because they consume so much food and reproduce quickly. This funding 
will allow the Corps to operate the barrier project and begin work on a 
study to consider options to improve the barrier projects' efficacy. 
The conference report also provides authority for the Corps to take 
measures to prevent Asian carp from bypassing the electric dispersal 
barrier. This authority is needed because just recently, the Corps 
discovered that the Asian carp had moved upstream in the Des Plaines 
River, and if the Des Plaines River floods, which it does regularly, 
the floodwaters could carry Asian carp into the Chicago Sanitary and 
Ship Canal above the dispersal barrier. It is critical that the Corps 
do what it can to prevent the introduction of Asian carp into the Great 
Lakes.
  The bill also provides funding for a variety of other water 
infrastructure and environmental restoration projects in Michigan. 
Funding is provided for two wastewater projects in Michigan--one in 
Genesee County and the other in the city of Negunee in Michigan's Upper 
Peninsula. Improving sewer systems is important not only for public 
health, but also to eliminate untreated discharge into surface waters. 
Two Michigan flood control projects will also benefit from passage of 
this bill. The aging Hamilton Dam in the city of Flint will benefit 
from $240,000 that will enable the Army Corps to plan how to improve 
this dam that is in danger of failing. Flood control improvements at 
the Cass River in Spaulding Township are identified to receive priority 
funding from the Army Corps. Funding is also provided for three 
environmental restoration projects in Michigan. Funding of $90,000 will 
be used by the Army Corps to continue its partnership with the city of 
Lansing in the Grand River waterfront restoration project, which 
includes a range of projects, such as shoreline and ecosystem 
restoration, as well as recreational elements. I am pleased that 
$100,000 is included to implement the Lake St. Clair Management Plan. 
Lake St. Clair and the St. Clair River that are part of the connecting 
channel in the Great Lakes and have been plagued by invasive species, 
pollution, urban sprawl, and sewer overflows. The funding in the bill 
will allow the Corps to move forward to finally implement on-the-ground 
restoration projects which are very much needed.
  This appropriations bill will help move our country towards greater 
energy security, advance technology to strengthen our manufacturing and 
international competitiveness, improve our shipping and boating 
infrastructure, and improve the environment, and I support its passage.
  Mr. DORGAN. Mr. President, we will vote in about 4 minutes. I want to 
note that yesterday's cloture vote had 79 votes in favor of cloture. 
Clearly, there is strong support for this energy and water conference 
report. It provides an investment in water and energy projects across 
the country. It is fiscally responsible. It is slightly less than 1 
percent above last year's expenditure.
  What I wanted to say, however, is we that had to invoke cloture, 
which took us two days. Even though we had a cloture vote yesterday 
clearly demonstrating very substantial support for the bill, we have 
now sat at parade rest for almost 30 hours because someone insisted on 
30 hours postcloture despite the fact that we will have a strong vote 
for this conference report.
  The reason for the insistence on 30 hours occurred was because the 
conference report did not include one amendment that was accepted in 
the Senate offered by one of my colleagues. I supported that amendment 
by the way. We were not able to get that through the conference with 
the House. It urged greater transparency on reports from the Energy 
Department. I regret that is not in the conference report, but the 
House would not accept it. Because of that, we have now been sitting 
around for the better part of a week, 30 hours postcloture.
  My point is that we have to get appropriations bills moving. 
Apparently, it does not mean anything to some people. If their 
amendment did not get in the conference report, they don't mind holding 
up the Senate for a part of a week. That doesn't mean much to some 
people.
  I just wish we would have a little more cooperation. The very same 
people who said we ought to get our work done by passing appropriations 
bill and avoiding omnibus bills are the same ones who hold up the 
Senate. If we could get a little bit of cooperation, we could get these 
appropriations bills completed.
  This is a good bill. It makes very significant and important 
investments all around the country in water infrastructure and energy 
projects. The fact is, it is less than 1 percent above last year's 
spending level. No one is going to take a look at this bill and suggest 
it overspends. It does not.
  One of my colleagues talked about earmarks in the bill. The fact is, 
we can take out all the earmarks, and there are some in here. It is the 
case that Congress has a role to decide both through the water 
development authorizing bill and also in the appropriations conference 
report before us where it wants to invest its money in major water 
projects across the country. If the Congress decided not to do that, 
every single penny would go downtown to the agency, and some GS-14 
would decide where to do that. All this talk about earmarks is not 
going to save a penny. The fact is, we have substantially cut back on 
earmarks and have made them transparent.
  My point mainly is that we are going to vote in a minute. We could 
have voted on this already, but we had to file cloture, then wait 30 
hours. It is reflective of what is happening in this Chamber. 
Regrettably, there is very little cooperation.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The question is on agreeing to the conference 
report to accompany H.R. 3183.
  Mr. LEAHY. I ask for the yeas and nays.

[[Page S10464]]

  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Massachusetts (Mr. 
Kerry) and the Senator from Louisiana (Ms. Landrieu) are necessarily 
absent.
  Mr. KYL. The following Senator is necessarily absent: the Senator 
from Mississippi (Mr. Cochran).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 80, nays 17, as follows:

                      [Rollcall Vote No. 322 Leg.]

                                YEAS--80

     Akaka
     Alexander
     Barrasso
     Baucus
     Begich
     Bennet
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     Dodd
     Dorgan
     Durbin
     Enzi
     Feingold
     Feinstein
     Franken
     Gillibrand
     Gregg
     Hagan
     Harkin
     Inouye
     Johnson
     Kaufman
     Kirk
     Klobuchar
     Kohl
     Kyl
     Lautenberg
     LeMieux
     Leahy
     Levin
     Lieberman
     Lincoln
     Lugar
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Risch
     Roberts
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--17

     Bayh
     Bunning
     Burr
     Chambliss
     Coburn
     DeMint
     Ensign
     Graham
     Grassley
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     McCain
     McCaskill
     Sessions

                             NOT VOTING--3

     Cochran
     Kerry
     Landrieu
  The conference report was agreed to.
  The PRESIDING OFFICER. The Senator from Illinois is recognized.
  Mr. BURRIS. Mr. President, I move to reconsider the vote and move to 
lay that motion on the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The motion to lay on the table was agreed to.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)


                            Vote Explanation

 Mr. KERRY. Mr. President, I was necessarily absent for the 
vote on the conference report to accompany Energy and Water Development 
and Related Agencies Appropriations Act, 2010, H.R. 3183. If I were 
able to attend today's session, I would have voted yes on the 
conference report.
  Mr. HATCH. Mr. President, today the Senate voted 80 to 17 in favor of 
the Energy and Water appropriations bill, H.R. 3182. I praise Chairman 
Byron L. Dorgan and Senator Robert F. Bennett, the Republican ranking 
member, and the other members of the Energy and Water subcommittee for 
putting together what I consider to be a good bill and certainly a big 
improvement over the energy budget sent to us by the President.
  Knowing that the funding measure would pass, I chose to vote against 
this bill, which funds the Department of Energy, as a signal to the 
Obama administration and the DOE that American taxpayers want and need 
a serious pro-energy plan, not the anti-energy strategy being pushed on 
us by the United Nations Intergovernmental Panel on Climate Change, 
which this administration has adopted.
  When the Secretary of Energy testifies before Congress that he 
believes it is his job to cut carbon-dioxide emissions by 80 percent in 
the next 40 years, then we know our Nation does not have an energy 
policy; rather, we have an anti-energy policy. Cutting our Nation's 
emissions by 80 percent would provide two certain outcomes: First, 
reducing CO2 at that reckless pace would certainly devastate 
our economy and ruin our Nation's global competitiveness. Secondly, 
according to the U.N.'s own calculations for CO2's warming 
ability, it would result in no perceptible reduction in global 
temperatures. At best, it would reduce temperatures by about 0.1 
degrees Centigrade after 40 years of economic torture.
  Maybe the media have fallen for this dangerous distraction to a real 
energy policy, but the polls show that the taxpayers have not.

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