[Congressional Record Volume 157, Number 67 (Monday, May 16, 2011)]
[Senate]
[Pages S2993-S2998]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. INHOFE (for himself, Mr. Cochran, Mr. Vitter, Mr. Boozman,
Mr. Risch, and Mr. Crapo):
S. 999. A bill to amend the Safe Drinking Water Act to prevent the
enforcement of certain national primary drinking water regulations
unless sufficient funding is available; to the Committee on Environment
and Public Works.
Mr. INHOFE. Mr. President, I rise today to introduce the Small System
Drinking Water Act of 2011. This is the fourth Congress that I have
introduced this bill which would help water systems throughout the
country comply with the ever growing number of federal drinking water
standards. I am pleased to be joined by Senators Thad Cochran, David
Vitter, John Boozman, James Risch, and Mike Crapo as cosponsors of this
legislation. My bill will require the Federal Government to live up to
its obligations and require the EPA to use the tools it was given in
the 1996 Safe Drinking Water Act amendments, SDWA.
My goal here is to ensure that small towns across the country have
safe, affordable drinking water and that the
[[Page S2994]]
laws are fair to small and rural communities. Currently EPA assumes
that families can afford water rates of 2.5 percent of their annual
median household income, or $1,000 per household. For some families,
paying $83 a month for water may not be a hardship but for so many
more, it is nearly impossible. There must be some flexibility inserted
into the calculation that factors in the ability of the truly
disadvantaged to pay these costs. Forcing systems to raise rates beyond
what their ratepayers can afford only causes more damage than good.
EPA needs to look more closely at how it determines affordability. My
bill directs EPA to take additional factors into consideration when
making this determination. These include ensuring that the
affordability criteria are not more costly on a per-capita basis to a
small water system than to a large water system.
In EPA's most recent drinking water needs survey, Oklahoma identified
a total of over $4.1 billion in drinking water needs over the next 20
years. $2.4 billion of that need is for community water systems that
serve fewer than 10,000 people. The $4.1 billion does not include the
total costs imposed on Oklahoma communities to meet federal clean water
requirements, the new Groundwater rule, the DBP II rule or the Long
Term 2 Enhanced Surface Water Treatment Rule. Oklahoma continues to
have municipalities struggling with the 2002 arsenic rule. Many of our
small systems are having difficulty with the Disinfection Byproducts,
DBP, Stage I rule, and small systems who purchase water from other
systems and did not have to test, treat or monitor their water must now
comply with DBP II. EPA estimates that over the next 20 years, the
entire country will need $52.0 billion to come into compliance with
existing, proposed or recently promulgated regulations.
My bill proposes a few simple steps to help systems comply with all
these rules. First, it reauthorizes the technical assistance program in
the Safe Drinking Water Act. The DBP rules are very complex and involve
a lot of monitoring and testing. If we are going to impose complicated
requirements on systems, we need to provide them with help to implement
those requirements.
The bill creates a pilot program to demonstrate new technologies and
approaches for systems of all sizes to comply with these complicated
rules. It requires the EPA to convene a working group to examine the
science behind the rules in order to compare new developments since
each rule's publication.
Section 1412(b)(4)(E) of the SDWA Amendments of 1996 authorizes the
use of point of entry treatment, point of use treatment and package
plants to economically meet the requirements of the act. However, to
date, these approaches are not widely used by small water systems. My
legislation directs the EPA to convene a working group to identify
barriers to the use of these approaches. The EPA will then use the
recommendations of the working group to draft a model guidance document
that states can use to create their own programs.
Most importantly this bill requires the Federal Government to pay for
these unfunded mandates created by laws and regulations. In 1995,
Congress passed the Unfunded Mandates Reform Act to ensure that the
Federal Government pays the costs incurred by state and local
governments in complying with Federal laws. My bill is designed to
ensure that EPA cannot take an enforcement action against a system
serving less than 10,000 people, without first ensuring that it has
sufficient funds to meet the requirements of the regulation.
Since the 108th Congress, I have co-authored and cosponsored
legislation to provide additional resources to communities through the
State Revolving Loan Funds. Unfortunately, not much has changed. We
still have too many regulations and not enough money to pay for them.
Funding legislation is important but until that money becomes
available, it is unreasonable to penalize and fine local communities
because they cannot afford to pay for regulations we imposed on them. I
thank my colleagues and look forward to their support of this
commonsense proposal.
______
By Mr. WYDEN (for himself and Ms. Stabenow):
S. 1001. A bill to reduce oil consumption and improve energy
security, and for other purposes; to the Committee on Energy and
Natural Resources.
Mr. WYDEN. Mr. President, today Sen. Stabenow and I are introducing
legislation designed to reduce our dependence on imported oil by
replacing it with cleaner, domestic sources of energy to power our
cars, trucks, buses, tractors, and ships. The only way to reduce our
Nation's dependence on foreign oil is to reduce our dependence on oil.
When it comes to reducing our use of oil, transportation is where the
vast bulk of America's oil use is. Over 70 percent of all of the oil
used in the U.S. is used for transportation. Unless we do something
about the amount of oil used by our transportation sector, we have no
chance of making a significant dent in our dependence on oil. The goal
of this bill is to replace a significant portion of that oil with home-
grown alternative fuels--electricity, natural gas, propane, biofuels,
and hydrogen. We believe this will create jobs and economic growth here
in the U.S. and reduce the relentless flow of dollars overseas to buy
oil.
Many of our colleagues share our concern and have been strong
advocates for individual vehicle technologies. Indeed, both Sen.
Stabenow and I voted last year in the Senate Energy Committee to
support legislation by Sen. Dorgan, Sen. Merkley and Sen. Alexander to
promote electric vehicles. With electric vehicles, fuel can come from
many sources, and very little of it from oil. With plug-in electric
technology now hitting the streets, you can literally use power from a
wind turbine to drive to the store. Sen. Menendez and Sen. Reid have
offered bills to promote natural gas vehicles. Natural gas is a natural
fuel for many vehicle applications and it now appears that there are
significant new natural gas resources here in North America that could
be tapped to replace imported oil.
At the end of the day, however, different fuels are going to work
better in different types of vehicles and in different parts of the
country. For that reason, our bill does not pick technology winners and
losers. It is ``technology neutral,'' ``geography neutral'' and
``market neutral.'' An alternative fuel that is readily available in
one part of the country may not be readily available in every part of
the country, or it may not work as well in an 18 wheel tractor-trailer
as in the family car. Our bill does not chose which fuel is used where,
or for what kind of vehicles. We leave that up to the free market so
that fuel providers and vehicle manufacturers can compete for what
works best for their customers.
While it is true that cars and pick-up trucks use about 63 percent of
all transportation fuel, that still means that well over a third is
used in other kinds of vehicles. Medium and heavy trucks and buses, for
example, use about 20 percent of all motor fuel. Our bill is aimed at
making inroads on oil imports all up and down the road, in all kinds of
vehicles, and even for off-road vehicles and engines that aren't on the
road at all.
Our bottom line goal is to help American businesses, which build
vehicles and supply fuel, provide genuine alternatives to conventional
fuels and engine technologies so that Americans can reduce our
dependence on foreign oil. The bill does this by providing a set of
tools to promote the deployment of these technologies while keeping in
mind the difficult budget situation the country faces. In several
instances, the bill modifies existing programs, rather than create new
ones, and it includes a source of funds to pay for the new programs it
does create.
First, the bill takes the existing advanced vehicle manufacturing
support program at the U.S. Department of Energy, which is now focused
on providing financial support to major manufacturers of light duty
vehicles, and opens it up to alternative fuel technologies. It also
expands the program to component manufacturers further down the supply
chain and to the production of medium and heavy trucks, buses, and
transit vehicles and lifts the cap on the amount of loans that can be
made to American manufacturers and their suppliers.
Alternative fuel vehicles need alternative fuel. So the next major
initiative in the bill is to provide financial
[[Page S2995]]
support for the production and distribution of those alternative fuels.
Again, instead of creating a whole new program to support this
alternative fuel infrastructure, the bill modifies the existing clean
energy Department of Energy loan guarantee program created section 1703
of the Energy Policy Act of 2005. This loan program was aimed at
financing new, innovative low-carbon electricity generation
technologies. That is all well and good, but those investments do not
address the very real energy security challenge facing our country from
oil imports, especially since so little electricity in the U.S. is
actually generated using oil. Our bill would allow this already
existing program to be used for alternative fuel infrastructure.
The bill includes additional measures to provide technical assistance
to States and local governments, public-private partnerships and
utility companies and utility commissions to help overcome barriers to
the deployment of these alternative fuel vehicles. The bill provides
worker training and technology research programs to make sure there is
a skilled workforce and new technologies. Taken altogether, these
provisions are designed to provide the tools for manufacturers, parts
suppliers, fuel providers, transportation planners, utility regulators,
and State and local officials to deploy alternative fuel vehicles, and
the fuels to power them, in numbers that make a difference and truly
reduce our dependence on imported oil.
Finally, the bill includes a funding offset by capping the size of
the Strategic Petroleum Reserve, SPR, at 90 days of non-North American
crude oil and petroleum fuel imports. Under current law, the SPR is
supposed to grow to 1 billion barrels at a cost of over $5 billion for
construction and, at current prices, over $30 billion to fill it with
oil. Buying more insurance doesn't make that old car any safer. While I
support having a Strategic Petroleum Reserve, the plain truth of the
matter is that spending billions of additional dollars to put more oil
into the SPR will not reduce our dependence on oil imports by a single
barrel. This bill would take the money generated by reducing the size
of the SPR and reinvest it in alternative energy technologies that
will, in fact, genuinely reduce that dependence. Rather than putting
more oil in the ground for short-term supply emergencies, we put
American innovation to work to reduce our Nation's oil dependence
permanently.
I applaud my colleague from Oregon, Senator Merkley, and our other
Senate colleagues, for recognizing that new vehicle technologies now
entering the market are not just scientific curiosities, but game-
changing opportunities to finally get our country off of its addiction
to oil. I look forward to working with them to enact programs and
policies that ensure these alternative fuel technologies succeed in the
marketplace.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1001
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Alternative Fuel Vehicles Competitiveness and Energy
Security Act of 2011''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ALTERNATIVE FUEL VEHICLE DEPLOYMENT AND INFRASTRUCTURE
DEVELOPMENT
Sec. 101. Loan guarantees for alternative fuel infrastructure.
Sec. 102. Advanced technology vehicles manufacturing incentive program.
Sec. 103. Conventional fuel replacement calculation and assessment.
Sec. 104. Technical assistance and coordination.
Sec. 105. Workforce training.
Sec. 106. Reduction of engine idling and conventional fuel consumption.
Sec. 107. Electric and natural gas utility and oil pipeline
participation.
Sec. 108. HOV lane access extension.
Sec. 109. Research, development, and demonstration.
TITLE II--FUNDING AND OFFSETS
Sec. 201. Authorization of appropriations.
Sec. 202. Strategic Petroleum Reserve.
Sec. 203. Transfers.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alternative fuel.--The term ``alternative fuel'' has
the meaning given the term in section 30B(e)(4) of the
Internal Revenue Code of 1986.
(2) Alternative fuel vehicle.--The term ``alternative fuel
vehicle'' means--
(A) a new qualified alternative fuel motor vehicle (as
defined in section 30B(e)(4) of the Internal Revenue Code of
1986);
(B) a mixed-fuel vehicle (as defined in section
30B(e)(5)(B) of that Code);
(C) a new qualified plug-in electric drive motor vehicle
(as defined in section 30D(d) of that Code); or
(D) a nonroad vehicle manufactured to primarily use an
alternative fuel.
(3) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312 of the Higher Education Act of 1965 (20 U.S.C.
1058).
(4) Department.--The term ``Department'' means the
Department of Energy.
(5) Nonroad vehicle.--
(A) In general.--The term ``nonroad vehicle'' means a
vehicle that is not licensed for onroad use.
(B) Inclusions.--The term ``nonroad vehicle'' includes a
vehicle described in subparagraph (A) that is used
principally--
(i) for industrial, farming, or commercial use;
(ii) for rail transportation;
(iii) at an airport; or
(iv) for marine purposes.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--ALTERNATIVE FUEL VEHICLE DEPLOYMENT AND INFRASTRUCTURE
DEVELOPMENT
SEC. 101. LOAN GUARANTEES FOR ALTERNATIVE FUEL
INFRASTRUCTURE.
(a) In General.--Section 1703(a) of the Energy Policy Act
of 2005 (42 U.S.C. 16513(a)) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) reduce oil imports through the use of alternative
fuel (as defined in section 30B(e)(4) of the Internal Revenue
Code of 1986); and''.
(b) Categories.--Section 1703(b) of the Energy Policy Act
of 2005 (42 U.S.C. 16513(b)) is amended by adding at the
following:
``(11) The production and distribution of--
``(A) alternative fuel (as defined in section 30B(e)(4) of
the Internal Revenue Code of 1986); or
``(B) advanced biofuel (as defined in section 211(o)(1) of
the Clean Air Act (42 U.S.C. 7545(o)(1))).''.
SEC. 102. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING
INCENTIVE PROGRAM.
Section 136 of the Energy Independence and Security Act of
2007 (42 U.S.C. 17013) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and indenting
appropriately;
(ii) in the matter preceding clause (i) (as redesignated by
clause (i)), by striking ``means an ultra efficient vehicle
or a light duty vehicle that meets--'' and inserting
``means--
``(A) an ultra efficient vehicle or a light duty vehicle
that meets--'';
(iii) in clause (iii) (as redesignated by clause (i)), by
striking the period at the end and inserting a semicolon; and
(iv) by adding at the end the following:
``(B) a vehicle (such as a medium-duty or heavy-duty work
truck, bus, or rail transit vehicle) that--
``(i) is used on a public street, road, highway, or
transitway;
``(ii) meets each applicable emission standard that is
established as of the date of the application; and
``(iii) will reduce consumption of conventional motor fuel
by 25 percent or more, as compared to existing surface
transportation technologies that perform a similar function,
unless the Secretary determines that--
``(I) the percentage is not achievable for a vehicle type
or class; and
``(II) an alternative percentage for that vehicle type or
class will result in substantial reductions in motor fuel
consumption within the United States; and
``(C) an alternative fuel vehicle (as defined in section 2
of the Alternative Fuel Vehicles Competitiveness and Energy
Security Act of 2011) that--
``(i) meets each applicable emission standard that is
established as of the date of the application; and
``(ii) will reduce consumption of conventional fuel by 25
percent or more, as compared to existing surface
transportation technologies that perform a similar function,
unless the Secretary determines that--
``(I) the percentage is not achievable for a vehicle type
or class; and
``(II) an alternative percentage for that vehicle type or
class will result in substantial reductions in conventional
fuel consumption within the United States.'';
[[Page S2996]]
(B) in paragraph (3)(B)--
(i) by striking ``equipment and'' and inserting
``equipment,''; and
(ii) by inserting ``, and manufacturing process equipment''
after ``suppliers''; and
(C) by striking paragraph (4) and inserting the following:
``(4) Qualifying components.--The term `qualifying
components' means components, systems, or groups of
subsystems that the Secretary determines--
``(A) to be designed to improve fuel economy or the
substitution of conventional fuel with--
``(i) alternative fuel (as defined in section 30B(e)(4) of
the Internal Revenue Code of 1986); or
``(ii) advanced biofuel (as defined in section 211(o)(1) of
the Clean Air Act (42 U.S.C. 7545(o)(1))); or
``(B) to contribute measurably to the overall improved fuel
use of an advanced technology vehicle, including idle
reduction technologies.'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``to automobile'' and inserting ``to
advanced technology vehicle'';
(3) in subsection (d)(1), in the first sentence, by
striking ``a total of not more than $25,000,000,000 in'';
(4) in subsection (h)--
(A) in the subsection heading, by striking ``Automobile''
and inserting ``Advanced Technology Vehicle''; and
(B) in paragraph (1)(B), by striking ``automobiles'' each
place it appears and inserting ``advanced technology
vehicles''; and
(5) in subsection (i), by striking ``2012'' and inserting
``2016''.
SEC. 103. CONVENTIONAL FUEL REPLACEMENT CALCULATION AND
ASSESSMENT.
(a) Methodology.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall, by rule, develop
a methodology for calculating the equivalent volumes of
conventional fuel displaced by use of each alternative fuel
to assess the effectiveness of alternative fuel and
alternative fuel vehicles in reducing oil imports.
(b) National Assessment.--Not later than 3 years after the
date of enactment of this Act, the Secretary shall--
(1) conduct a national assessment (using the methodology
developed under subsection (a)) of the effectiveness of
alternative fuel and alternative fuel vehicles in reducing
oil imports into the United States, including as assessment
of--
(A) market penetration of alternative fuel and alternative
fuel vehicles in the United States;
(B) successes and barriers to deployment identified by the
programs established under this Act; and
(C) the maximum feasible deployment of alternative fuel and
alternative fuel vehicles by 2020 and 2030; and
(2) report to Congress the results of the assessment.
SEC. 104. TECHNICAL ASSISTANCE AND COORDINATION.
(a) Technical Assistance to State, Local, and Tribal
Governments.--
(1) In general.--In carrying out this title, the Secretary
shall provide, at the request of the Governor, mayor, county
executive, public utility commissioner, or other appropriate
official or designee, technical assistance to State, local,
and tribal governments or to a public-private partnership
described in paragraph (2) to assist with the deployment of
alternative fuel and alternative fuel vehicles and
infrastructure.
(2) Public-private partnership.--Technical assistance under
this section may be awarded to a public-private partnership,
comprised of State, local or tribal governments and
nongovernmental entities, including--
(A) electric or natural gas utilities or other alternative
fuel distributors;
(B) vehicle manufacturers;
(C) alternative fuel vehicle or alternative fuel technology
providers;
(D) vehicle fleet owners;
(E) transportation and freight service providers; or
(F) other appropriate non-Federal entities, as determined
by the Secretary.
(3) Assistance.--The technical assistance described in
paragraph (1) may include--
(A) coordination in the selection, location, and timing of
alternative fuel recharging and refueling equipment and
distribution infrastructure, including the identification of
transportation corridors and specific alternative fuels that
would be made available;
(B) development of protocols and communication standards
that facilitate vehicle refueling and recharging into
electric, natural gas, and other alternative fuel
distribution systems;
(C) development of codes and standards for the installation
of alternative fuel distribution and recharging and refueling
equipment;
(D) education and outreach for the deployment of
alternative fuel and alternative fuel vehicles; and
(E) utility rate design and integration of alternative fuel
vehicles into electric and natural gas utility distribution
systems.
(b) Cost Sharing.--Cost sharing for assistance awarded
under this section shall be consistent with section 988 of
the Energy Policy Act of 2005 (42 U.S.C. 16352).
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2012 through 2016.
SEC. 105. WORKFORCE TRAINING.
(a) Workforce Training.--
(1) In general.--The Secretary, in consultation with the
Secretary of Labor, shall award grants to community colleges,
other institutions of higher education, and other qualified
training and education institutions for the establishment or
expansion of programs to provide training and education for
vocational workforce development for--
(A) the manufacture and maintenance of alternative fuel
vehicles; and
(B) the manufacture and installation and inspection of
alternative fuel recharging, refueling, and distribution
infrastructure.
(2) Purpose.--Training funded under this subsection shall
be intended to ensure that the workforce has the necessary
skills needed to manufacture, install, and maintain
alternative fuel infrastructure and alternative fuel
vehicles.
(3) Scope.--Training funded under this subsection shall
include training for--
(A) electricians, plumbers, pipefitters, and other trades
and contractors who will be installing alternative fuel
recharging, refueling, and distribution infrastructure;
(B) building code inspection officials;
(C) vehicle, engine, and powertrain dealers and mechanics;
and
(D) others positions as the Secretary determines necessary
to successfully deploy alternative fuels and vehicles.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2012 through 2016.
SEC. 106. REDUCTION OF ENGINE IDLING AND CONVENTIONAL FUEL
CONSUMPTION.
(a) Definition of Idle Reduction Technology.--Section
756(a)(5) of the Energy Policy Act of 2005 (42 U.S.C.
16104(a)(5)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) uses an alternative fuel to reduce consumption of
conventional fuel and environmental emissions.''.
(b) Funding.--Section 756(b)(4)(B) of the Energy Policy Act
of 2005 (42 U.S.C. 16104(b)(4)(B)) is amended in clauses (i)
and (ii) by striking ``fiscal year 2008'' each place it
appears and inserting ``each of fiscal years 2008 through
2016''.
SEC. 107. ELECTRIC AND NATURAL GAS UTILITY AND OIL PIPELINE
PARTICIPATION.
(a) In General.--The Secretary shall identify barriers and
remedies in existing electric and natural gas and oil
pipeline transmission and distribution systems to the
distribution of alternative fuels and the deployment of
alternative fuel recharging and refueling capability, at
economically competitive costs of alternative fuel for
consumers, including--
(1) model regulatory rate design and billing for recharging
and refueling alternative fuel vehicles;
(2) electric grid load management and applications that
will allow batteries in plug-in electric drive vehicles to be
used for grid storage, ancillary services provision, and
backup power;
(3) integration of plug-in electric drive vehicles with
smart grid technology, including protocols and standards,
necessary equipment, and information technology systems;
(4) technical and economic barriers to transshipment of
biofuels by oil pipelines; and
(5) any other barriers to installing sufficient and
appropriate alternative fuel recharging and refueling
infrastructure.
(b) Consultation.--The Secretary shall carry out this
section in consultation with--
(1) the Federal Energy Regulatory Commission;
(2) State public utility commissions;
(3) State consumer advocates;
(4) electric and natural gas utility and transmission
owners and operators;
(5) oil pipeline owners and operators; and
(6) other affected entities.
(c) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing actions taken to carry out this section.
SEC. 108. HOV LANE ACCESS EXTENSION.
Section 166(b)(5) of title 23, United States Code, is
amended--
(1) in subparagraph (A), by striking ``Before September 30,
2009, the State'' and inserting ``The State''; and
(2) in subparagraph (B), by striking ``Before September 30,
2009, the State'' and inserting ``The State''.
SEC. 109. RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
(a) Research, Development, and Demonstration.--
(1) In general.--The Secretary, in consultation with the
Secretary of Defense, the Secretary of Commerce, and the
Secretary of Transportation, shall support research,
development, and demonstration of alternative fuel vehicles
and charging and refueling technology, including support for
the manufacture and deployment of those vehicles and
technologies, that will--
(A) allow the United States to meet or exceed the petroleum
import reduction goals of this Act;
(B) develop technologies that minimize life-cycle energy
use in the production and distribution of alternative fuels;
and
(C) maintain United States technological leadership in
alternative vehicle technology.
[[Page S2997]]
(2) Use of funds.--The program may include funding for--
(A) the development of alternative fuel vehicle
technologies, including new technologies for on-board
alternative fuel and energy storage and drive train
components for vehicles; and
(B) production and distribution technologies and systems
for alternative fuels, including--
(i) grid connectivity technology for electric vehicles;
(ii) recycling technology and practicable uses of
catalysts;
(iii) vehicle batteries; and
(iv) other components after the useful life in a vehicle or
alternative fuel production facility.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000 for
each of fiscal years 2012 through 2016.
TITLE II--FUNDING AND OFFSETS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Except as otherwise provided in this Act, there are
authorized to be appropriated to carry out this Act and the
amendments made by this Act such sums as are necessary.
SEC. 202. STRATEGIC PETROLEUM RESERVE.
(a) Level.--Section 154(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6234(a)) is amended by striking
``1 billion barrels of petroleum products'' and inserting
``the quantity of crude oil and petroleum fuels imported into
the United States each year from countries that are not
signatories to North American Free Trade Agreement during an
average 90-day period during the most recent calendar year
for which data are available''.
(b) Filling Strategic Petroleum Reserve to Capacity.--
Section 301(e) of the Energy Policy Act of 2005 (42 U.S.C.
6240 note; Public Law 109-58) is amended by striking
paragraph (1).
SEC. 203. TRANSFERS.
(a) Fiscal Year 2009.--Of the funds appropriated under
section 101 of division A of the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009
(Public Law 110-329; 122 Stat. 3574) for the Strategic
Petroleum Reserve under the heading ``Strategic Petroleum
Reserve'' of title III of the Energy and Water Development
and Related Agencies Appropriations Act, 2008 (Public Law
110-161; 121 Stat. 1959), $31,500,000 is transferred to carry
out this Act and the amendments made by this Act.
(b) Fiscal Year 2010.--Of the funds appropriated under the
heading ``Strategic Petroleum Reserve'' of title III of the
Energy and Water Development and Related Agencies
Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2862),
$25,000,000 is transferred to carry out this Act and the
amendments made by this Act.
(c) Use of Proceeds.--Notwithstanding any other provision
of law, any proceeds from the sale or exchange of oil
necessary to reach and maintain the authorized capacity
established pursuant to section 154(a) of the Energy Policy
and Conservation Act (42 U.S.C. 6234(a)) and provide for
normal maintenance and operation of the Reserve shall be
transferred to carry out this Act and the amendments made by
this Act.
______
By Mr. HARKIN (for himself, Ms. Mikulski, Mrs. Gillibrand, Mr.
Kerry, Mr. Casey, and Mr. Franken):
S. 1004. A bill to support Promise Neighborhoods; to the Committee on
Health, Education, Labor, and Pensions.
Mr. HARKIN. Mr. President, in many of our Nation's poorest
communities, children and families do not have access to the
educational opportunities that enable youth to start school ready to
learn and graduate from secondary school ready to succeed in college
and the workforce, achieve economic self-sufficiency, and support
families of their own someday.
As chairman of the Health, Education, Labor and Pensions Committee,
it is my responsibility to lead the reauthorization of the Elementary
and Secondary Education Act, which affords an exciting opportunity to
improve the quality of elementary and secondary education for our
children and youth. Our Nation's future economic strength and national
security require well-educated workers who are not only academically
prepared, but also healthy, understand the importance of community and
civic participation, and possess the skills needed to successfully
compete in the 21st century global economy. To accomplish these goals,
children and youth must have access to a great education and safe and
supportive community, beginning at birth.
However, in too many communities the consequences of poverty limit
the chances students have to obtain a solid academic foundation that
leads to college and career success. That is why we need Promise
Neighborhoods. Promise Neighborhood partnerships leverage community
assets to significantly improve academic outcomes, including school
readiness, high school graduation and college entry and completion.
Promise Neighborhood partners use data-driven decisionmaking to guide
investments in a community-based continuum of high-quality services and
evidence-based practices that address the needs of children, from birth
through college and career entry. The reauthorization of ESEA provides
us with an opportunity to build upon the successes of Promise
Neighborhoods, of which there are more than 40 across the country, to
ensure that children and youth have access to good schools, integrated
students supports and other wrap-around services needed to ensure
academic, as well as social and emotional, growth and development.
The lack of supports for families and children in distressed
neighborhoods has a profound impact on student achievement and
development. Children from poor families are less likely to have access
to nutritious foods, high-quality early learning programs, adults who
read to them every day, and basic health care. As a result, these
children are more likely to experience sickness and developmental
delays, chronic hunger and homelessness, and abuse and neglect--all of
which contribute to slow brain development and low academic
achievement. Children from low-income families enter kindergarten
approximately three months behind the national average in reading and
enter first grade with 900 hours less of one-on-one book-reading time
than do their middle-class peers.
The number of poor children facing these challenges and experiencing
these devastating results is growing at an alarming rate. According to
the National Center for Children and Poverty, the number of poor
children under age 6 increased by 24 percent between 2000 and 2007. The
center also found that in my home State of Iowa, 20 percent of children
under age 6 live in poor families. Between 2007 and 2009, the number of
children living in poverty nationwide grew by 2.2 million, to 15.5
million. This means that more of our Nation's children are starting
school ill-equipped to thrive and gain the skills needed for success in
the 21st century. The best way to combat this trend is to ensure that
all children, especially those in low-income and under-resourced
communities, have access to high-quality early learning programs,
effective schools, and family and student supports that prepare them
for success.
One low-income neighborhood where children and their families receive
these essential programs and supports is in Harlem, through an
organization called Harlem Children's Zone. Geoffrey Canada began
Harlem Children's Zone as a single-block pilot in the 1990s, which has
since expanded to 96 blocks. Today Harlem Children's Zone operates two
charter schools and leverages a wide range of public, nonprofit, and
philanthropic resources to provide wrap-around services to over 10,000
youth and about the same number of adults each year. Harlem Children's
Zone's programs have equipped children with the skills needed to be
successful in elementary school and have provided families with the
tools needed to effectively support their children's development and
academic achievement. The New York Times has called it ``one of the
most ambitious social-service experiments of our time''.
The bill I am introducing today builds on this outstanding framework.
This Promise Neighborhoods proposal would fund competitive grants to
implement cradle-to-career ``continuums of care'' similar to Harlem
Children's Zone for children in distressed neighborhoods. Promise
Neighborhoods encourages communities and schools to leverage
partnerships that provide children with access to evidence-based
education reforms, community services, and family supports that improve
academic, developmental, career, and life outcomes.
This bill focuses on ensuring the provision of high-quality early
learning programs, effective family and community engagement
strategies, and better services for special populations, such as
children with disabilities and English learners.
It also allows for grants that are led by community-based
organizations working in partnership with school districts, or led by
schools in partnership with community-based organizations or
institutions of higher education. Partners must collaborate to develop
and implement a high-quality, evidence-based pipeline of services. This
[[Page S2998]]
pipeline, at a minimum, must support social and emotional development
beginning at birth, enhance academic achievement, and prepare students
for success in college and 21st century careers.
Promise Neighborhoods is a new kind of Federal grant. It requires
organizations, agencies, and caring adults to work together to
revitalize a single neighborhood, focusing on access to the educational
and other supports children need to be successful in school and in
life. It also supports communities in working together to combat the
devastating effects poverty has on children's development and academic
achievement.
One day I would hope that all children grow up in a neighborhood that
provides support for their success from birth. This bill will help us
take an important step towards this vision.
______
By Mr. BOOZMAN (for himself, Mr. Graham, Mr. Risch, Mr. Coats,
Mr. Thune, and Mr. Johanns):
S. 1005. A bill to provide for parental notification and intervention
in the case of a minor seeking an abortion; to the Committee on the
Judiciary.
Mr. BOOZMAN. Mr. President, polls show nearly 80 percent of Americans
agree parents should have the legal right to stop an abortion from
being performed on their minor daughter. Many States such as Arkansas
have enacted laws requiring parental notification, and these laws have
proven very effective at the state level. Texas' teen abortion rate has
dropped 25 percent since passage of its parental notification law in
2000 and Virginia and South Dakota have had similar results since
parental notification laws were passed more than 10 years ago. However
without a Federal law parents in those States are not required to be
notified when their daughters go out-of-state for an abortion. Also,
judges exploit loopholes in state laws by granting ``judicial bypass''
so often times the law is not enforced. The Parental Notification and
Intervention Act requires that parents be notified at least four days
in advance of any abortion to be performed on their minor daughter and
gives them power to stop an abortion from being performed. My
colleagues Senators Graham, Risch, Coats, Thune, and Johanns join me in
introducing this important legislation. I would also like to thank
Representative Steve King for his support and leadership on the House
companion version of the Parental Notification and Intervention Act.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1005
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 ``Parental Notification and
Intervention Act of 2011''.
SEC. 2. PARENTAL NOTIFICATION.
(a) It shall be unlawful for any person or organization to
perform any abortion on an unemancipated minor under the age
of 18, to permit the facilities of the entity to be used to
perform any abortion on such a minor, or to assist in the
performance of any abortion on such a minor, if the person or
organization has failed to comply with the following
requirements:
(1) Unless there is clear and convincing evidence of
physical abuse of the minor by a parent, written notification
has been provided to each parent of the minor, informing each
parent that an abortion has been requested for the minor.
(2) There is compliance with a 96-hour waiting period after
notice has been received by, subject to paragraph (1), each
parent of the minor before the abortion may be performed.
(3) In the case of an action brought by a parent of such
minor pursuant to section 3, with respect to the performance
of such abortion, the person or organization shall not
perform such abortion unless and until there is a final
judgement pursuant to such section that granting permanent
relief to enjoin the abortion would be unlawful.
(b) Whoever violates the provisions of subsection (a) of
this section shall be fined not more than $1,000,000, or
imprisoned not more than 10 years, or both.
(c) The provisions of this section shall not apply if, with
respect to an unemancipated minor for whom an abortion is
sought, a defense or affirmative defense exists which would
be applicable to other provisions of title 18, United States
Code. For purposes of the previous sentence, such a defense
or affirmative defense shall not apply unless a physician
other than the physician with principal responsibility for
making the decision to perform the abortion makes a
determination that--
(1) a medical emergency exists in which an abortion on the
minor is necessary due to a grave, physical disorder or
disease of the minor that would, with reasonable medical
certainty, cause the death of the minor if an abortion is not
performed;
(2) parental notification is not possible as a result of
the medical emergency; and
(3) certifications regarding compliance with paragraphs (1)
and (2) of this subsection have been entered in the medical
records of the minor, together with the reasons upon which
the determinations are based, including a statement of
relevant clinical findings.
(d) For purposes of this section, any parental notification
provided to comply with the provisions of subsection (a)
shall be provided through the manner described in paragraph
(1), or through the manner described in paragraph (2), as
follows:
(1) The notification shall be provided through certified
mail in accordance with the following procedures:
(A) The notification shall be addressed to the parent of
the unemancipated minor.
(B) The address used shall be the dwelling or usual place
of abode of the parent.
(C) Return receipt shall be requested.
(D) Delivery shall be restricted to the parent.
(2) The notification shall be delivered personally to the
parent.
(e) For purposes of this section, the term ``parent''
includes, but is not limited to, any legal guardian of the
child.
SEC. 3. PARENTAL INTERVENTION.
Any parent of a minor required to be notified pursuant to
section 2 may bring, in the district court of the United
States where the parent resides or where the unemancipated
minor is located, an action to bar the performance of an
abortion on such minor. The court shall issue an injunction
barring the performance of the abortion until the issue has
been adjudicated and the judgment is final. The court shall
issue relief permanently enjoining the abortion unless the
court determines that granting such relief would be unlawful.
SEC. 4. EFFECTIVE DATE AND SEVERABILITY.
(a) The provisions of this Act shall be severable. If any
provision of this Act, or any application thereof, is found
unconstitutional, that finding shall not affect any provision
or application of the Act not so adjudicated.
(b) The provisions of this Act shall take effect
immediately upon enactment.
____________________