[Congressional Record Volume 156, Number 113 (Thursday, July 29, 2010)]
[Senate]
[Pages S6510-S6511]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CLEAN ENERGY JOBS AND OIL COMPANY ACCOUNTABILITY ACT
Mr. LEAHY. Mr. President, I commend the majority leader for
introducing the Clean Energy Jobs and Oil Company Accountability Act.
This bill, which I am proud to support, is a timely and targeted
response to the continuing devastation in the Gulf of Mexico, a
catastrophe which began 100 days ago. The Senate must move quickly to
address one of the most immediate and pressing problems facing our
Nation and to find meaningful ways to prevent similar disasters in the
future. The American people rightly expect that the lessons learned
from this disaster will be heeded.
This legislation addresses several issues brought to light in the
spill's aftermath. It will ensure the fair treatment of victims like
the families of the 11 Americans who were killed in the explosion on
the Deepwater Horizon oil rig. It will encourage responsible corporate
behavior and provide meaningful criminal penalties for environmental
crimes. It will ensure that British Petroleum and those responsible for
this disaster and any responsible party associated with an oilspill at
an offshore facility in the future are held fully accountable and
liable for all of the damages the oilspill causes and that the American
taxpayer is not left with the bill. It is a response that will help the
people of the gulf begin the long process of restoring what they have
lost. And for those who cannot recover what they have lost, it will
help them as they move forward. These matters, and others, have been
the subject of several recent hearings in the Senate Judiciary
Committee.
Senators from several committees, including the Judiciary Committee,
have made important contributions to this bill. I am pleased that the
majority leader asked for and listened to the calls of members of the
Judiciary Committee to make sure that a significant part of this
legislative response was focused squarely on the needs of the victims
of this disaster and that the Federal laws designed to provide justice
for wrongdoing are fair.
I thank the majority leader for including two pieces of legislation I
have introduced--the Survivor's Equality Act, and the Environmental
Crimes Enforcement Act. I am confident that, when enacted, both of
these provisions will help victims and promote responsibility and
safety within the energy industry.
The Survivor's Equality Act would remedy profound unfairness in our
maritime tort laws. The enactment of this provision will end the
unequal treatment under the law for those who are killed at sea. The
Death on the High Seas Act, which is one of the few remedies for these
families to seek justice, provides compensation only for pecuniary
losses associated with a wrongful death. This involves a cold
calculation of a victim's monetary worth to his or her family and
nothing more. And if an individual who is killed has no dependents, he
or she is entitled to very little, yet the loss to a parent or a
sibling is no less tragic. The current Federal maritime law does not
recognize the profound losses associated with the death of a loved
one--the suffering of a widow who has lost her husband; a parent who
has lost a child; or a child who will no longer have a parent to guide
them through life. In modern America, it is simply unfair to have a
different standard of justice for those killed at sea than those killed
on land.
Another important provision in the pending bill is the Environmental
Crimes Enforcement Act which would bolster the enforcement of
environmental crimes. Often in the case of serious environmental
catastrophes the companies that caused the disaster may be guilty of
committing environmental crimes. These wrongdoers must be held
accountable for their criminal acts, and they, rather than American
taxpayers, should pay for the damage. The Environmental Crimes
Enforcement Act is crafted to deter environmental crime, protect and
compensate its victims, and encourage accountability among corporate
actors. This would deter schemes by big oil corporations and by others
that hurt hard-working Americans and their local economies and that
damage the environment by increasing sentences for environmental
crimes. All too often, corporations treat fines and monetary penalties
as merely a cost of doing business, to be factored against profits. To
deter criminal behavior by corporations, it is important to have laws
resulting in prison time, and this bill would appropriately raise
sentences for environmental crimes so they are comparable with
sentences for other serious crimes. Nothing gets the attention of
corporate decisionmakers like the prospect of serving time behind bars.
This provision would also help victims of environmental crime--the
people who lose their livelihoods, their communities, and even their
loved ones--reclaim their natural and economic resources by making
restitution mandatory for criminal Clean Water Act violations.
Other members of the Judiciary Committee have made important
contributions to the majority leader's bill. Senator Whitehouse's
legislation to reverse the Supreme Court's decision in Exxon v. Baker
is included in this package. When this provision is enacted, the
Supreme Court's arbitrary cap on punitive damages in maritime cases
will be erased. Instead, with the appropriate measure of liability
returned to a jury to decide, corporations engaged in dangerous and
environmentally risky work will think twice about endangering the
safety of their workers and the ecosystem.
Senator Schumer's legislation to repeal the antiquated Limitation of
Shipowners' Liability Act has also been included. This statute limits a
vessel owner's total liability to the value of the vessel after an
accident has occurred. Updating this arcane law will foreclose the type
of conduct we witnessed in this case when Transocean, the owner of the
Deepwater Horizon, claimed its liability should be limited to the value
of the Deepwater Horizon as it sat on the bottom of the gulf. That
defies common sense and propriety. Congress cannot control a
corporation's desire to evade its responsibilities, but the American
people, through their Congress, need not allow a law that invites such
behavior to stand.
Another important provision in this legislative package is the
amendment
[[Page S6511]]
to the Land and Water Conservation Fund, LWCF, Act of 1965 to provide
for full funding of the Land and Water Conservation Fund. This comes at
a time when the purposes of this program are keenly important to
communities across the country that are facing escalating development
pressures, while striving to maintain their focus on improving the
quality of life in their communities.
In my own home State of Vermont, LWCF has led to the conservation of
many valued areas--from the Green Mountain National Forest, which
stretches over nearly two-thirds of the length of Vermont across a
diverse landscape, to our Missisquoi National Wildlife Refuge near the
Canadian border, to the Appalachian Trail that winds through the State,
and to the stunning Marsh-Billings-Rockefeller National Historical Park
in Woodstock, VT. In recent years, LWCF has also helped to fund the
Forest Legacy Program, which has permanently conserved more than 60,000
acres of forestland in Vermont and nearly 2 million acres nationwide. I
am concerned, though, with how this new LWCF language has been drafted
and worry that it could restrict our ability to allocate funds for the
federal purposes, such as the Forest Legacy Program and other land
acquisition programs that assist in preserving, developing, and
assuring accessibility to quality outdoor recreation resources and
important natural resources. I hope that I can work with the majority
leader and other supporters of these land conservation programs moving
forward to ensure that LWCF meets the outdoor conservation and
recreation needs of the American people.
These investments not only protect crucial and delicate ecosystems
and landscapes that are relied upon by countless communities and by
indigenous wildlife; they also offer important recreation opportunities
for Vermonters and visitors from other States to enjoy these beautiful
places for our campgrounds, hiking trails, skiing, snow shoeing,
snowmobiling, and fishing. It made good economic and environmental
sense in 1965 and it remains good sense today to reinvest a small
fraction of Federal leasing revenues in permanent natural resource
protection. A healthier environment and more recreational opportunities
will not only promote health and quality of life but also have a
positive impact on our economy. More than 500 million people visit
national parks and monuments, wildlife refuges, and recreational sites
each year, contributing to family paychecks and to local economies.
LWCF is a visionary and bipartisan program. Since its creation in
1964, it has conserved more than 5 million acres of land and water
across the country. These are iconic American landscapes like the
redwood forests, the Grand Canyon National Park, the Appalachian
National Scenic Trail, the Great Smoky Mountains, the Denali National
Park and Preserve, the Everglades, and our own Green Mountain National
Forest in Vermont. This is a program that touches every American. Even
those who have not been able to visit a national park or forest likely
have enjoyed one of the many urban parks, picnic areas, playgrounds,
open trails, or open spaces that LWCF has been the key to providing and
protecting--places prized by everyday Americans across the land as
places for recreation and so many other uses.
I am proud to have led the bipartisan efforts in the Senate to build
support for the fund, whose budget is overseen by the Interior
Appropriations Subcommittee. I have sought, with bipartisan support,
increased funding for both the Federal and State sides of the program
and the Forest Legacy Program, another successful and popular
conservation initiative that I was gratified to be able to launch when
I chaired the Committee on Agriculture, Nutrition, and Forestry.
Regrettably, securing adequate resources for LWCF has always been
difficult, and LWCF has only been fully funded once in its history.
I must also voice some additional concerns and reservations that I
have about the LWCF language in this bill regarding the role of the
Appropriations Committee. I hope that we can ensure that Congress,
through the direction of the Appropriations Committee, will still have
control in establishing how the Land and Water Conservation Fund is
allocated among the State and Federal purposes and the various agencies
within. I ask that the majority leader commit to working with the
Interior Appropriations Subcommittee chairman to develop language that
guarantees the role of the Congress in appropriating and directing
these funds rather than leaving all control in the administration. I
trust that we can find a way to fully fund LWCF and maintain the
congressional involvement through the appropriations process.
I applaud the majority leader for including this provision in the
bill and appreciate both his support and that of the chairman of the
Energy and Natural Resources Committee, Senator Bingaman, for leading
this effort to protect America's most treasured landscapes, to
strengthen our local economies, and to ensure the future of our
natural, cultural, and recreation heritage.
Now I would be remiss if I did not mention another program that has
faced the same difficulty receiving its full authorized amount. That
would be the Historic Preservation Fund, which also receives funding
from the Outer Continental Shelf oil lease revenues but has rarely been
appropriated more than half of the authorized level of $150 million. I
hope that I can work with my colleagues to solve this issue for the
Historic Preservation Fund, just as we are trying to do for the Land
and Water Conservation Fund.
This bill is also an important step forward for the Home Star
Program, a bipartisan home efficiency effort that Congressman Welch has
helped lead in the House, that will lower consumers' energy and water
costs while creating jobs. As Vermont has shown time and again, energy
efficiency retrofits work. They not only create quality jobs and save
homeowners money on their energy and water bills, but they also reduce
our dependence on foreign oil and cut down on harmful carbon emissions.
The Clean Energy Jobs and Oil Company Accountability Act would reduce
our dependence on foreign oil by making investments in vehicles that
run on electricity and natural gas. The lack of fuel diversity in our
transportation sector makes our economy and American consumers
particularly vulnerable to increases in oil prices, and I am pleased
that this bill invests in other transportation alternatives that will
also bring down our carbon emissions.
I am sorely disappointed in Washington's inability so far to overcome
the entrenched power of special interests by acting on comprehensive
climate change remedies. This bill is not a substitute for that, but it
does signifies several constructive steps forward.
I am proud to stand with Majority Leader Reid in support of the
victims of the greatest environmental disaster on American shores. But
the legislative package he has assembled will do more than just bring
justice to these victims. It will save consumers and taxpayers money,
create jobs throughout the country, and move our country toward a
safer, more responsible energy industry. It is a commonsense solution.
I hope it will receive bipartisan support.
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