[Congressional Record (Bound Edition), Volume 149 (2003), Part 10]
[Senate]
[Pages 13309-13313]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     THE ENERGY POLICY ACT OF 2003

  The PRESIDENT pro tempore. Under the previous order, the Senate will 
resume consideration of S. 14, which the clerk will report.
  The legislative clerk read as follows:

       A bill (S. 14) to enhance the energy security of the United 
     States, and for other purposes.

  Pending:

       Frist/Daschle amendment No. 539, to eliminate methyl 
     tertiary butyl ether from the United States fuel supply, to 
     increase production and use of renewable fuel, and to 
     increase the Nation's energy independence.

  The PRESIDENT pro tempore. The Chair, in my capacity as a Senator 
from the State of Alaska, suggests the absence of a quorum. The clerk 
will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. DOMENICI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Kyl). Without objection, it is so ordered.
  Mr. DOMENICI. Mr. President, parliamentary inquiry.
  Am I correct that we are currently on S. 14?
  The PRESIDING OFFICER. That is correct.
  Mr. DOMENICI. The National Energy Policy Act?
  The PRESIDING OFFICER. That is correct.
  Mr. DOMENICI. I thank the Chair. I hope Senators and their staff are 
paying attention. We have been given this week, and it would seem like 
part of next week, to get an energy bill completed in the Senate. We 
know this is an important bill, and we know these are important issues 
to Senators.
  Nonetheless, it would seem to this Senator that we have had a very 
lengthy debate, a lot of amendments, and much discussion last year on 
an energy policy. Admittedly, much of that debate centered around the 
Alaskan wilderness provisions, and they are not going to be at issue in 
this bill unless somebody chooses to make them so. As manager on this 
side, I am not aware of anyone who intends to do that. Not because 
people have changed their minds but because the issue seems to have 
been decided.
  It seems to this Senator that much of the debate has been narrowed. 
Nonetheless, there is a significant number of issues of consequence to 
many Members. We did produce a bill in the committee in kind of rapid 
time, but considering that many of the issues had been debated so 
frequently, it appeared to this Senator, as chairman, that we did a 
rather good job. That does not mean we do not have some serious issues, 
but I believe, since the House has once again produced a National 
Energy Policy Act, we have a responsibility to produce one. In due 
course, we will be able to discuss with the Senate and with the people 
of this country what kind of bill we have.

[[Page 13310]]

  As chairman, it was this Senator's hope we could produce a bill that 
over time gave to the American people an opportunity to use a variety 
of types of energy to meet both the residential and business energy 
needs in America's future. In essence, we tried to produce a bill that 
was going to enhance and increase production of various types of 
energy.
  We could have a serious discussion of what we see down the line for 
the next 5, 10, 15, or 20 years that precipitates this bill and will in 
turn precipitate the debate on various amendments. However, it ought to 
be clear to everyone that the United States has, all of a sudden, 
within the past 5 years decided the energy of choice seems to be 
natural gas, aside from the fact that we still drive automobiles that 
use petroleum products, and thus we are still very dependent upon crude 
oil. We produce as much as we can at home and import a huge amount from 
a large pool of oil which is now being produced by numerous countries 
around the globe.
  At home, 90 percent of the new electricity production comes from 
natural gas fired generation. There is nothing wrong with that, but 
that, coupled with the direct use of natural gas in this country, means 
we are rapidly moving toward a natural gas economy.
  For some, there is no risk in that. For others, they ought to at 
least be concerned. For others, it seems that we may run into a 
shortage of natural gas sometime in the not-too-distant future. To that 
end, this bill says we have an abundance of coal in our country; do 
everything we can to enhance the usability of coal by spending 
resources on science to develop and modernize and even build a 
powerplant that would be clean so that we can prove that in the future 
coal can begin to fill the gap and begin to take the place of natural 
gas.
  We have also gone ahead particularly at the persuasion of this 
Senator, the chairman, and said that maybe the time has come for a 
rebirth of nuclear power in America. We will have a good opportunity 
for a lengthy and wholesome debate on where we are today, what went 
wrong in the past, and what we ought to be doing in the future, 
perhaps, as this bill envisions, giving nuclear power a chance to come 
back to life in America and become a powerful source of energy around 
the world.
  At the same time, renewables are of great concern to many Americans. 
A thorough reading of this bill plus the amendment which is 
contemplated, the one produced by the Finance Committee, which has a 
significant provision in it for tax incentives for renewables--the 
totality of the bill, plus the proposed amendment that would be 
attached from the Finance Committee, suggests to the American people 
there will be a lot of windmills in our future. Literally, there will 
be millions of them. They will be a significant portion of the grid in 
the United States.
  In addition, all other sources of energy--biomass and all related 
forms--are given some incentive, or in every way possible we have 
attempted to put all of them on an equal footing. There will be a 
variety of energy types available to the American people in the 
foreseeable future.
  Clearly, there will be seven or eight major issues. I am hopeful that 
ethanol, which has become a huge issue even though it is not part of 
the jurisdiction of this committee--the major ethanol bill currently 
pending as an amendment has many considerations that will be brought to 
the Senate's attention by Senators concerned about it and who want 
various changes in it. We would like that it be dealt with in due 
course, that it not take a huge amount of the time allotted for this 
entire bill. We are working together on both sides of the aisle to see 
if we can set that amendment aside while we pursue other amendments, to 
move ahead, taking the ethanol provisions in due course.
  This bill was reported on April 30 and laid before the Senate on May 
6. The Senate considered the measure for 3 days at the beginning of May 
during which time the pending amendment relating to ethanol was laid 
down. Today, we begin consideration of the measure. I believe we can 
predict the outcome of most of the major issues in this legislation. 
The pending amendment is a bipartisan agreement on ethanol reached 
after years of negotiation among the involved parties sponsored by the 
majority and minority leaders and identical to language reported from 
the Committee on Environment and Public Works. I don't think there is 
any question but it will be adopted. However, there are some Senators, 
led by Senators Feinstein and Schumer, who oppose the amendment and 
have the right to offer as many second-degree amendments as they like--
as they did last year.
  However, as with all major issues, the Senate spoke last year. For 
the most part, the issues have not changed. I am certain the resolution 
of those matters will largely reflect the resolution achieved last 
year. Last year, it took 6 weeks. There is no reason for it to take 
that long this year. While some issues are clear, the legislation 
before the Senate also raised new issues which deserve the 
consideration of the Senate. I expect amendments related to our titles 
dealing with electricity, Indian energy, nuclear energy--which I 
alluded to briefly--which are significantly different from those 
proposed last year, will take a little bit of time. I also think there 
are a few areas, such as climate change and renewable portfolio 
standard, where the outcome may or may not be different from last year.
  I hope my colleagues will give Members the opportunity to move as 
expeditiously through some of these issues as possible. I want the will 
of the Senate worked, and I will do all I can to move the process 
along. The majority leader has indicated the Senate will be on this 
bill this week and some portion of next week with only a few 
interruptions for other matters that may need to be resolved. I 
understand we need to spend a few hours resolving some matters relating 
to the Defense authorization bill and may need to vote on a few judges. 
Those issues should not consume a lot of time.
  For my part, I will be here waiting for amendments. I understand from 
my distinguished colleague, Senator Bingaman, that he, too, is 
available. We will spend as much time as necessary to move this bill 
along. I hope a vote can occur tomorrow, perhaps as early as noon, and 
then thereafter on a regular basis. Senators can expect votes at 
various times unless we reach some agreements, which everyone would 
know about from time to time, on each of the days we are scheduled to 
be in session this week and next week. There are amendments out there. 
I understand a number of Senators will offer amendments on the OCS 
inventory provisions of the bill. I have been told perhaps Senator 
McCain plans to offer amendments related to climate change and perhaps 
CAFE. Senator Bingaman made it clear he plans to offer a number of 
amendments. We are prepared and ready to proceed on those.
  I encourage Members to be prepared to come to the Senate as soon as 
possible. We would like very much to be given the opportunity to get 
this bill discussed and get the issues debated and voted on as soon as 
practical. This Senator thinks they are important. There are many 
people in this country who think energy is important. Until there is a 
crisis, we act as if we need not worry about an Energy bill, but things 
have not changed that much. Whatever the crisis was or wasn't last year 
or the year before, it is practically the same for all intents and 
purposes today. We remain gravely dependent upon foreign oil. Clearly, 
there are a number of bottlenecks created both by bureaucracy and 
statute that we are going to try to alleviate. There are a number of 
incentives that ought to be built into the energy base of our country.
  As we look at the overall picture, the United States has a rare 
opportunity to see to it that it has plenty of energy of a variety of 
types and sources, and after the adoption of this policy through 
conference and through signature of the President so that America will 
not have to be worried; we will clearly be in a position that the 
energy we need to grow and prosper will be there.

[[Page 13311]]

  Throughout consideration of this bill, there will be discussions 
about conservation--saving of energy, the use of less energy wherever 
we can, and promoting policy changes which will indeed promote the use 
of less rather than more energy. That, too, will create some very 
serious debates and serious discussions.
  With that, I yield the floor to my colleague, Senator Bingaman. We 
are attempting to get a unanimous consent request in short order. I 
yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, I thank my colleague, Senator Domenici. 
I will just very briefly summarize the views I expressed in much 
greater detail when we began this bill back in May.
  My own view is there is much in this legislation that has come before 
the Senate which I support. Unfortunately, there are also provisions in 
here I do not support, and there are provisions left out of the bill 
that I believe are important to include in any kind of comprehensive 
energy bill we might pass through the Senate.
  On that basis, I did not support the form of the legislation that 
came out of the Energy Committee. I am hoping during the debate here on 
the Senate floor we can correct the problems that I believe exist, that 
we can add some provisions that will improve the bill as regards 
increased efficiency in the use of energy, that will improve the bill 
as regards increased diversity in the sources of energy, that will 
improve the bill as regards a consideration of climate change issues, 
along with our energy policy. There are a variety of issues that need 
to be addressed, some that need to be corrected.
  I look forward to the chance to debate those issues in detail as we 
get into the amendments. The chairman's intention, perhaps, is to try 
to begin dealing with the low-income home energy assistance issue 
today. I hope we can move ahead on that. It is an extremely important 
provision of the bill. But I look forward to working with the chairman 
to try to move this legislation forward. In my view, it is important 
the Congress act in this area. It is important the country modernize 
the laws that affect our energy supply and energy usage. It has been 
many years since we have done that in any comprehensive way. So I hope 
we can make progress. I know that is the chairman's fondest hope. I 
certainly join in that and intend to do all I can to cooperate.
  With that, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant bill clerk proceeded to call the roll.
  Mr. DOMENICI. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. Mr. President, we have received consent from both sides 
for the following consent request.
  I ask unanimous consent that the pending ethanol amendment be set 
aside temporarily so that the Senator from New Mexico can offer an 
amendment with reference to LIHEAP.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.


                           Amendment No. 840

  Mr. DOMENICI. Mr. President, I want to explain what we have done and 
why we have done it. Obviously, there are Senators who want to debate 
and propose amendments to the ethanol provision. They are not available 
today.
  On the other hand, there is an issue, the LIHEAP issue. Last year the 
LIHEAP bill was found in the Energy legislation. This year the Senate 
Committee on Energy and Natural Resources voted for LIHEAP, to 
reauthorize the LIHEAP Act, and did not include it in the bill but 
recommended that it would be offered on the floor as an amendment.
  In compliance with that, I am going to offer the LIHEAP 
reauthorization amendment. It will be offered by myself, for myself and 
for Senator Bingaman, in response to the recommendation of the Energy 
Committee that such be the case.
  With that, I send to the desk the low-income home energy assistance 
program, on behalf of myself, Senator Bingaman, and the committee.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from New Mexico [Mr. Domenici] for himself and 
     Mr. Bingaman, proposes an amendment numbered 840.

  Mr. DOMENICI. I ask unanimous consent the reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To reauthorize LIHEAP, Weatherization assistance, and State 
                            Energy Programs)

       At the appropriate place in the bill, insert the following 
     new title:

                    TITLE XII--STATE ENERGY PROGRAMS

     SEC. 1201. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.

       (a) Home Energy Grants.--Section 2602(b) of the Low-Income 
     Home Energy Assistance Act of 1981 (42 U.S.C. 8621(b)) is 
     amended by striking ``each of fiscal years 2002 through 
     2004'' and inserting ``fiscal years 2002 and 2003, and 
     $3,400,000,000 for each of fiscal years 2004 through 2006.''.
       (b) State Allotments.--Section 2604(e) of the Low-Income 
     Home Energy Assistance Act of 1981 (42 U.S.C. 8623(e)) is 
     amended--
       (1) by inserting after (e) ``(1)'';
       (2) striking ``or any other program;'' and
       (3) adding at the end the following:
       ``(2) Notwithstanding any other provision of this 
     subsection, the Governor of a State may apply to the 
     Secretary for certification of an emergency in that State and 
     an allotment of amounts appropriated pursuant to section 
     2602(e).
       ``(3) The Secretary shall, in consultation with the 
     Department of Energy and States, adopt by rule procedures for 
     the equitable consideration of such applications. Such 
     procedures shall require--
       ``(A) consideration of each of the elements of the 
     definition of ``emergency'' in section 2603;
       ``(B) consideration of differences between geographic 
     regions including: sources of energy supply for low-income 
     households, relative price trends for sources of home energy 
     supply, and relevant weather-related factors including 
     drought; and
       ``(C) that the Secretary shall grant such applications 
     within 30 days unless the Secretary certifies in writing that 
     none of the emergency conditions defined in section 2603 have 
     been demonstrated.''.
       (c) Report on Methodology.--
       (1) Not later than 1 year after the date of enactment of 
     this Act, the Secretary of Health and Human Services shall 
     prepare and submit to Congress a report that makes 
     recommendations regarding the methodology for allocating 
     funds to States to carry out the Low-Income Home Energy 
     Assistance Act of 1981 (42 U.S.C. 8621 et seq.).
       (2) In preparing the report, the Secretary of Health and 
     Human Services shall--
       (A) use the latest, best available statistical data and 
     model to develop the recommendations for the methodology; and
       (B) recommend a methodology that--
       (i) consists of a mechanism that uses estimates of 
     expenditures for energy consumption (measured in British 
     thermal units) for low-income households in each State, for 
     each source of heating or cooling in residential dwellings; 
     and
       (ii) employs the latest available annually updated heating 
     and cooling degree day and fuel price information available 
     (for coal, electricity, fuel oil, petroleum gas, and natural 
     gas) at the State level.
       (3) In preparing the report, the Secretary of Health and 
     Human Services shall consult with appropriate officials in 
     each of the 50 States and the District of Columbia.
       (4) There are authorized to be appropriated to carry out 
     this subsection such sums as may be necessary for each of 
     fiscal years 2004 through 2006.
       (d) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary of Health and 
     Human Services shall transmit to Congress a report on the 
     programmatic impacts of using the National Academy of 
     Science's poverty measure with difference equivalence scale, 
     known as DES, to determine low-income households.

     SEC. 1202. WEATHERIZATION ASSISTANCE PROGRAM.

       (a) Eligibility.--Section 412 of the Energy Conservation 
     and Production Act (42 U.S.C. 6862) is amended--
       (1) in paragraph (7)(A), by striking ``125'' and inserting 
     ``150'', and
       (2) in paragraph (7)(C), by striking ``125'' and inserting 
     ``150''.
       (b) Authorization of Appropriations.--Section 422 of the 
     Energy Conservation and Production Act (42 U.S.C. 6872) is 
     amended by striking the period at the end and inserting ``, 
     $325,000,000 for fiscal year 2004, $400,000,000 for fiscal 
     year 2005, and $500,000,000 for fiscal year 2006.''.

     SEC. 1203. STATE ENERGY PLANS.

       (a) State Energy Conservation Plans.--Section 362 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6322) is 
     amended by

[[Page 13312]]

     inserting at the end of the following new subsection:
       ``(g) The Secretary shall, at least once every 3 years, 
     invite the Governor of each State to review and, if 
     necessary, revise the energy conservation plan of such State 
     submitted under subsection (b) of (e). Such reviews should 
     consider the energy conservation plans of other States within 
     the region, and identify opportunities and actions carried 
     out in pursuit of common energy conservation goals.''.
       (b) State Energy Efficiency Goals.--Section 364 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6324), is 
     amended to read as follows:


                    ``state energy efficiency goals

       ``Sec. 364. Each State energy conservation plan with 
     respect to which assistance is made available under this part 
     or after the date of enactment of this title shall contain a 
     goal, consisting of an improvement of 25 percent or more in 
     the efficiency of use of energy in the State concerned in 
     calendar year 2010 as compared to calendar year 1990, and may 
     contain interim goals.''.
       (c) Authorization of Appropriations.--Section 365(f) of the 
     Energy Policy and Conservation Act (42 U.S.C. 5325(f)) is 
     amended by striking the period at the end and inserting ``, 
     $100,000,000 for each of fiscal years 2004 and 2005 and 
     $125,000,000 for fiscal year 2006.''.

  Mr. DOMENICI. Mr. President, the amendment increases the 
authorization for the low-income home energy assistance program from 
the current authorization of $2 billion annually to $3.4 billion for 
each of the fiscal years 2004 through 2006. The amendment also expands 
eligibility for the Weatherization Assistance Program to include 
families with household incomes at or below 150 percent of the poverty 
level established by OMB, which is equivalent to the existing LIHEAP 
eligibility.
  The amendment also increases funding to $325 million for fiscal year 
2004 through $400 million for 2005, and $500 million for 2006.
  Finally, the amendment establishes procedures for regular review of 
existing State energy conservation programs. It sets State energy 
efficiency goals, reducing energy use by 25 percent by 2010 from energy 
usage in 1990, and it expands and extends authorization for these 
programs to $100 million in fiscal year 2004 and 2005, and $125 million 
for 2006.
  I urge my colleagues to agree to the amendment.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, I strongly support the amendment that 
Senator Domenici sent to the desk. I think it makes some very much 
needed improvements in the existing Low-Income Home Energy Assistance 
Program and also in the Weatherization Assistance Program. It also 
provides additional funds for development of State energy plans.
  I think these are very important provisions. We did not have that 
severe of a winter in many parts of the country this year. Accordingly, 
we didn't see as many headlines about the importance of this Low-Income 
Home Energy Assistance Program as we have in some previous years. But 
the truth is, this is an extremely important program for a great many 
of our citizens who are low income and who do need the help. It is 
important for them in heating their homes in the winter, and it is 
important for them in keeping their homes reasonably cool in the 
summer. We are starting the summer.
  I went through Dallas on the plane Friday on my way back to 
Washington. It was 96 degrees. I am sure that is a mild foretaste of 
what we are going to be seeing in the future as far as the temperature 
in Dallas and in many parts of the country, particularly in the 
southern sections of the country.
  The Low-Income Home Energy Assistance Program assists people in 
paying their utility bills for air-conditioning just like it assists 
them in paying their utility bills for heating.
  It is very clear when you look at studies that there are a 
significant number of people in this country, particularly elderly 
people in the Southern States, who, in fact, die because of excess heat 
and the inability to cool their apartments or their homes.
  This is a very important program. It is one that we need to deal 
with. It is one we tried to deal with in the Energy bill last year. We 
passed it through the Senate in very much this same form. We had 
general support from the House of Representatives to include it in a 
final bill to go to the President had we been able to get agreement on 
a final bill. But there was no disagreement about this part of the 
program or this part of the legislation.
  I believe very strongly this should be agreed to and should be 
included in this Energy bill.
  I notice the House has addressed it already in the Energy bill they 
have passed. It clearly needs to be part of our Energy bill as well so 
that when we go to conference we can, in a meaningful way, conference 
with the House of Representatives on this important issue.
  I hope this will be agreed to. I look forward to additional debate on 
it as necessary.
  I yield the floor. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. DOMENICI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                 Amendment No. 841 to Amendment No. 840

  Mr. DOMENICI. Mr. President, I have already indicated to the Senate 
that while this amendment was in the Energy bill last year, and while 
it was considered by the Energy Committee of the Senate and handled in 
a manner that I have described, it is not included in the bill but 
recommended for submission as an amendment, which has been done. It is 
clear the jurisdictional issue which has arisen did not come up last 
year, as I understand it, from the distinguished Senator from New 
Mexico who was chairman last year. It was not raised. So we proceeded 
as if the same were to occur this year. Such is not the case in that 
the chairman and the ranking member of the committee of jurisdiction 
desire to challenge the inclusion of that.
  They are aware of the fact that the amendment is going to be included 
today. The chairman of the appropriate committee, Senator Gregg, is not 
here today. He will be here tomorrow. Thus, we will not complete debate 
on this until he comes back tomorrow. But I am going to send to the 
desk, as they understand this is going to be the case, in behalf of 
Senator Gregg, an amendment to my amendment which strikes the section 
of the Low-Income Home Energy Assistance Program substitute and 
extensive Senate language; that when the Committee on Health, 
Education, Labor and Pensions reauthorizes the LIHEAP Act of 1981, the 
committee should consider increasing the authorization of the program 
to $3.4 billion to better serve the needs of low-income and other 
eligible households.
  I, therefore, send an amendment to the desk in behalf of the chairman 
of the Committee on Health, Education, Labor, and Pensions a sense-of-
the-Senate amendment which does what I have just described.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from New Mexico [Mr. Domenici], for Mr. Gregg, 
     for himself, Mr. Kennedy, Mr. Alexander, Mr. Dodd, Ms. 
     Collins, and Mr. Reed, proposes an amendment numbered 841 to 
     amendment No. 840.

  Mr. DOMENICI. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

      (Purpose: To express the sense of the Senate regarding the 
 reauthorization of the Low-Income Home Energy Assistance Act of 1981)

       Strike section 1201 (relating to the Low-Income Home Energy 
     Assistance Program) and insert the following:

     SEC. 1201. SENSE OF THE SENATE REGARDING THE REAUTHORIZATION 
                   OF THE LOW-INCOME HOME ENERGY ASSISTANCE ACT OF 
                   1981.

       (a) Findings.--The Senate finds that--
       (1) the Low-Income Home Energy Assistance Program (referred 
     to in this section as ``LIHEAP'') is the primary Federal 
     program available to help low-income households, individuals 
     with disabilities, and senior citizens meet their home energy 
     bills and maintain their health and well-being;
       (2) home energy costs are unaffordable for many low-income 
     households, individuals

[[Page 13313]]

     with disabilities, and senior citizens living on fixed 
     incomes;
       (3) those households often carry a higher energy burden 
     than most United States households, spending up to 20 percent 
     of their household income on home energy bills;
       (4) States provided more than 4,000,000 households with 
     LIHEAP assistance in 2002;
       (5) LIHEAP is currently able to serve only 15 percent of 
     the 30,000,000 households who are income-eligible for 
     assistance under LIHEAP; and
       (6) the Committee on Health, Education, Labor, and Pensions 
     has jurisdiction over the Low-Income Home Energy Assistance 
     Act of 1981, which provides authority for LIHEAP, and is 
     working towards reauthorizing the Act prior to its expiration 
     in 2004.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that, when the Committee on Health, Education, Labor, and 
     Pensions reauthorizes the Low-Income Home Energy Assistance 
     Act of 1981 (42 U.S.C. 8621 et seq.), the committee should 
     consider increasing the authorization of appropriations under 
     section 2602(b) of that Act (42 U.S.C. 8621(b)) to 
     $3,400,000,000, in order to better serve the needs of low-
     income and other eligible households.

  Mr. DOMENICI. Mr. President, as I understand it, this is the second-
degree amendment. Clearly, it will be debated tomorrow when Senator 
Gregg and Senator Kennedy return. We will see what the wish of the 
Senate is. I join with my colleague, Senator Bingaman, in stating that 
I hope we will leave it in this bill. I think the House has done the 
same. I think it is important that we adopt the LIHEAP bill and that we 
do it now. Obviously, there is no need for the Senator from New Mexico 
to debate any further on this issue because the opponents have to be 
heard from and they won't be here until tomorrow.
  I yield the floor. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. DOMENICI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DOMENICI. Mr. President, for Senators again, let me repeat that 
we are awaiting the return of Senator Gregg to debate this issue; that 
is, the second-degree amendment which was just offered a few moments 
ago. In the meantime, the entire Energy bill is before us. Amendments 
would not be in order obviously. We will await their return and then 
begin the debate. After we finish the debate, we will vote on LIHEAP.
  We will also debate the ethanol amendment. We are attempting to work 
with Senators who have serious issues with reference to ethanol to see 
if we can't line those up so that we will be ready to proceed in due 
course and with some degree of dispatch.
  Having said that, I don't believe there is going to be any further 
significant business on this bill. I yield the floor and suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. DOMENICI. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Thomas). Without objection, it is so 
ordered.

                          ____________________