[Congressional Record Volume 163, Number 186 (Tuesday, November 14, 2017)]
[Senate]
[Pages S7206-S7207]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                               Tax Reform

  Mr. President, for a few minutes I would like to turn to another 
subject. Congress has turned its attention to tax reform, and our 
principal challenge is to find tax breaks and loopholes to eliminate so 
that we can lower rates for taxpayers.
  I have a nomination. The top of the list should be ending the wind 
production tax credit. Congress has already recognized the need to end 
the wind production tax credit by passing legislation to phase out the 
credit by 2020.
  The draft House tax proposal reduces the amount available for new 
wind turbines by returning the credit to its original value instead of 
adjusting it for inflation, but we should do better. Instead of phasing 
it out, we should end the wind production tax credit this year. Ending 
the wind production tax credit on December 31, 2017, would save over $4 
billion, which we could then use to lower tax rates for the American 
people.
  The wind production tax credit has been in place for 25 years. It has 
been extended 10 different times by Congress. It was originally set to 
expire in 1999.
  Tax credits are best used to jump-start new and emerging 
technologies. It has been a quarter of a century. Wind turbines are no 
longer a new technology.
  President Obama's Energy Secretary, Steven Chu, testified that he 
believes that wind is a mature technology. It is time to end this 
wasteful and expensive subsidy for a clearly mature technology.
  To date, the wind production tax credit has already cost the 
taxpayers billions. For 8 years--from 2008 to 2015--the wind production 
tax credit cost taxpayers $9.6 billion. That is more than $1 billion 
per year.
  According to the Congressional Research Service, the wind production 
tax credit is expected to cost taxpayers over $23 billion between 2016 
and 2020, and the cost to taxpayers will continue until 2030. That is 
because when you extend the wind production tax credit for 1 year, it 
is really for 10 years.
  To benefit from the tax credit, wind developers must just begin 
construction of a wind project before December 31, 2019. Then those 
developers can reap the tax benefits for a decade.
  Despite the billions Congress has provided in subsidies, wind energy 
still produces only 6 percent of our country's electricity and 17 
percent of our country's carbon-free electricity. By contrast, nuclear 
is 20 percent of our electricity and 60 percent of our emissions-free, 
carbon-free electricity.
  The wind blows only about one-third of the time. Until there is some 
way to store large amounts of wind, a utility still needs to operate 
nuclear, gas, and coal plants when the wind doesn't blow.

[[Page S7207]]

  On average, wind turbines are over two times as tall as the skyboxes 
at the University of Tennessee's Neyland Stadium and taller than the 
Statue of Liberty. The blades on the windmills can be as long as a 
football field, and their blinking lights can be seen for 20 miles.
  This isn't the first time that I have been to the Senate floor to 
express my concern about the wind production tax credit, but I believe 
that the conversation about energy subsidies and taxes is bigger than 
the wind production tax credit. As Congress examines ways to reduce tax 
rates and to broaden the base, we must be willing to look at all tax 
subsidies from mature technologies. That includes oil and gas 
subsidies. I am here today to challenge my colleagues to be willing to 
consider all energy subsidies from mature technologies--wind, solar, 
oil, gas--as candidates for elimination in a tax reform bill. Those 
dollars could be better spent to lower rates for taxpayers.

  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Washington.
  Mrs. MURRAY. Mr. President, I come to the floor today to highlight 
yet another dangerous nominee who has been put forth by this 
administration.
  During the campaign, President Trump made promise after promise to 
workers. He said he would put them first. He said he would bring back 
good-paying jobs to our struggling communities. While he made this 
promise to all workers, he specifically called out miners on more than 
one occasion, so it would stand to reason that President Trump would 
prioritize the Mine Safety and Health Administration and nominate a 
leader who is committed to the agency's core mission.
  MSHA is critically important to ensuring that mining jobs are safe 
and that mining companies aren't unnecessarily endangering their 
workers' lives and safety. MSHA is responsible for inspecting mines and 
holding companies accountable when they violate safety and health 
standards. MSHA's top priorities are to eliminate fatal mining 
accidents, reduce the frequency and severity of accidents, and minimize 
health hazards for workers through inspection enforcement.
  Unfortunately, we are already seeing MSHA safety standards lapse 
under the Trump administration. Earlier this year, MSHA was set to 
implement a rule that would require safety exams of mines prior to the 
start of a miner's shift. Ensuring mines are safe before miners are put 
at risk should not be controversial. Yet the Trump administration has 
delayed implementation of that rule and proposed changes to actually 
weaken it.
  Given this concerning record so far, it is so critical--absolutely 
critical--that the MSHA Administrator is committed to standing up for 
our miners. But instead of nominating an advocate for workers' health 
and safety, President Trump nominated one of the industry's worst 
offenders.
  David Zatezalo is a mining industry executive who has made it clear 
that he cares more about corporate profits than workers. When he was 
the CEO of Rhino Resources, one of the mines under Mr. Zatezalo's 
control received unprecedented safety penalties. A Rhino mine was the 
first in history to be cited twice for a pattern of violations, an 
action that is only taken when there is a clear and demonstrated 
disregard for workers' health and safety.
  When the Obama administration issued commonsense rules to improve the 
pattern of violations process, the Ohio Coal Association, where Mr. 
Zatezalo sat on the board of directors, sued to block the rule.
  Under Mr. Zatezalo's leadership, two separate mines owned by Rhino 
Resources had injury rates that far exceeded the national average.
  As a mining executive, Mr. Zatezalo refused to play by the rules. His 
company violated the Federal Mine Safety and Health Act by giving 
advance notice of an MSHA inspection, meaning employees had the 
opportunity to cover up potential health and safety violations.
  Rhino Resources was sued by the EEOC for creating an unlawful, 
hostile work environment by allowing an employee to be targeted based 
on his national origin. The EEOC said Zatezalo's company allowed 
discrimination to ``continue unchecked in the workplace'' and cited 
Rhino for retaliating against the employee instead of reprimanding 
those who were doing the harassing.
  It is clear to me that Mr. Zatezalo is wholly unqualified to serve as 
the Mine Safety and Health Administrator, and I believe that if he is 
confirmed, he will put thousands of miners' lives and safety at risk.
  I am very disappointed that President Trump and congressional 
Republicans are once again breaking promises to workers. I urge my 
colleagues to join me in standing up for our miners across the country 
and vote against Mr. Zatezalo's nomination.
  Once again, the contrast with Democrats' vision couldn't be starker. 
Under the leadership of Senator Casey, Democrats are advocating for 
stronger enforcement abilities for MSHA so we can hold operators who 
show a repeated disregard for miner safety accountable.
  I really want my colleagues on the other side of the aisle to join us 
and pass these commonsense reforms that will help prevent further 
mining accidents and deaths. We will strengthen our economy if we start 
prioritizing workers' health, safety, and well-being over corporate 
profits. I believe that must begin with rejecting President Trump's 
extreme agenda and these nominees who appear all too willing to 
implement it without concern for the workers and families they are 
supposed to serve.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER (Mr. Rubio). The Senator from Utah.