[Congressional Record (Bound Edition), Volume 153 (2007), Part 12]
[Issue]
[Pages 16219-16471]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 16219]]
HOUSE OF REPRESENTATIVES--Tuesday, June 19, 2007
The House met at 9 a.m. and was called to order by the Speaker pro
tempore (Mr. Costa).
____________________
DESIGNATION OF SPEAKER PRO TEMPORE
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
June 19, 2007.
I hereby appoint the Honorable Jim Costa to act as Speaker
pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.
____________________
MORNING-HOUR DEBATE
The SPEAKER pro tempore. Pursuant to the order of the House of
January 4, 2007, the Chair will now recognize Members from lists
submitted by the majority and minority leaders for morning-hour debate.
The Chair will alternate recognition between the parties, with each
party limited to not to exceed 25 minutes, and each Member, except the
majority leader, the minority leader, or the minority whip, limited to
not to exceed 5 minutes, but in no event shall debate extend beyond
9:50 a.m.
The Chair recognizes the gentleman from Texas (Mr. Lampson) for 5
minutes.
____________________
RECOGNIZING THE SOCIETY OF IRANIAN-AMERICAN WOMEN FOR EDUCATION
Mr. LAMPSON. Mr. Speaker, I am honored to recognize the great work
and contribution of the Society of Iranian-American Women for
Education, a scholarship fund in southeast Texas that serves the
greater academic community. The Society's mission is to promote Iranian
culture through educational seminars, films, lectures, and exhibitions,
but their most important goal is to provide educational support and
assistance through scholarships for hardworking students. To date, more
than 170 such scholarships have been awarded to students attending
schools in Texas. The Society is also dedicated to strengthening
relationships and deepening the understanding between Iranians and
Americans, and has hosted many esteemed speakers, including Nobel
Laureate Dr. Shirin Ebadi and Anousheh Ansari, who recently completed
her own space flight. I salute the Society for their dedication to
academics and achievement, and wish them future success in all their
wonderful endeavors.
____________________
RECESS
The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess until 10 a.m. today.
Accordingly (at 9 o'clock and 6 minutes a.m.), the House stood in
recess until 10 a.m.
____________________
{time} 1000
AFTER RECESS
The recess having expired, the House was called to order at 10 a.m.
____________________
PRAYER
The Chaplain, the Reverend Daniel P. Coughlin, offered the following
prayer:
Lord God, in the days of Gideon, out of fear of the Midianites, Your
people established fire signals on the mountains, caves for refuge and
strongholds. Today, Lord, bless and strengthen all efforts to build
homeland security in places around the world like Darfur, as well as
here in the United States. To protect one's home or homeland seems
paramount in the Hebrew, Christian and Muslim scriptures. But, Lord,
You seem to ask even more of Your people.
Let Congress learn from Gideon's interaction with You, Lord.
When Gideon asks ``if the Lord is with us, why has all this happened
to us?'' the Lord turns to him and said, ``Go with the strength you
have and save Israel from the power of Midian.''
The Scriptures seem to ask for moral authority in a person as a
prerequisite to being a leader in defense of what is good and just.
Gideon is exhorted to look first to his personal strength. As he proves
his own moral integrity, piety and ability, the Lord's promise is
realized, ``I am with you.''
May this Congress and the leaders of all nations move and act with
deeper faith, knowing the extent and limitations of their strength,
both now and forever. Amen.
____________________
THE JOURNAL
The SPEAKER. The Chair has examined the Journal of the last day's
proceedings and announces to the House her approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER. Will the gentleman from New York (Mr. Hall) come forward
and lead the House in the Pledge of Allegiance.
Mr. HALL of New York led the Pledge of Allegiance as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
ENERGY AND WATER DEVELOPMENT APPROPRIATIONS BILL
(Mr. HALL of New York asked and was given permission to address the
House for 1 minute.)
Mr. HALL of New York. Madam Speaker, later today, we will begin work
on important legislation to finally help America end its dependence on
foreign oil and pursue newer, cleaner forms of energy.
I'm excited that the Energy and Water appropriations bill that we
will pass this week will take the long overdue step of setting a new
course for our energy future by making significant investments in
renewables and efficiency.
For too many years, working families have felt the sting of high gas
prices at the gas pump and rising home energy costs. Our economy has
been made vulnerable to the whims of OPEC, and our reliance on fossil
fuels has polluted our air and exacerbated climate change.
All the while, State and local governments have been forced to try to
fill the leadership vacuum left by the Congress and this President.
No more. The new Congress is prepared to meet our Nation's energy
challenges head-on, and to do so, this bill provides almost $2 billion
for renewables and efficiency, significantly more than the President
requested.
I am concerned that it continues to provide unwarranted taxpayer
subsidies for nuclear power that hide the true consumer costs of this
power source, but I support this bill, and I urge my colleagues to
ratify it.
____________________
AMERICANS ARE MORE THAN QUALIFIED TO BREAK THEIR ADDICTION TO OIL
(Mrs. BLACKBURN asked and was given permission to address the House
for 1 minute and to revise and extend her remarks.)
Mrs. BLACKBURN. Mr. Speaker, I read in the Charlotte Observer about a
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gentleman who decided to retrofit his 1981 diesel Mercedes with
vegetable oil and got a knock on his door by the tax man. His crime was
choosing to take a stand against the rising cost of gasoline, OPEC, and
other international energy cartels by converting his car into clean-
running alternative energy. His punishment was a $1,000 fine by the
North Carolina State Government and $1,000 notice from the Feds. So
much for innovation and alternative fuel research.
The predicament was chronicled in the Charlotte Observer on June 15,
and what we're finding out is he's not alone. Many innovators around
the country are creating unique ways to exercise energy independence.
In so doing, they're demonstrating to the Federal Government that the
American people are more than qualified to break their addiction to
foreign oil. Good old American ingenuity always comes through.
As we take up consideration on the Energy Approps Act for 2008, it's
instructive to consider what they know. If you want to get more
innovation, incentivize it. If you want less of it, tax it.
____________________
TAKING CARE OF OUR VETERANS
(Mr. CARNAHAN asked and was given permission to address the House for
1 minute.)
Mr. CARNAHAN. Mr. Speaker, I stand to honor our Nation's veterans and
one special veteran. Today, we mourn the passing of Jeff Smart, a
Vietnam veteran, constituent and friend. Not only was Jeff a tireless
advocate for veterans rights, he was a valuable member of my Veterans
Advisory Committee in Missouri.
I know that Jeff would be proud to know that last week the House came
together in a bipartisan way to pass the 2008 Military Construction and
Veterans Affairs appropriations bill that contained a historic increase
in the VA budget. This bill included the largest single funding
increase in the 77-year history of the Veterans Administration.
This funding increase ensures that our veterans are given the
support, benefits and resources they need and deserve. I applaud this
Congress's commitment to countless veterans like Jeff Smart who will
always inspire us in the years to come.
____________________
HAPPY BIRTHDAY, JERRY BAKER, AMERICA'S MASTER GARDENER
(Ms. FOXX asked and was given permission to address the House for 1
minute and to revise and extend her remarks.)
Ms. FOXX. Mr. Speaker, I rise today to salute Jerry Baker, America's
master gardener, as he celebrates his birthday. As a former owner of a
nursery business, I've come to appreciate the wit and wisdom that Jerry
has given to gardeners across the country for more than three decades.
Jerry has been offering tips for almost as long as I can remember.
His folksy and down-to-earth advice has been helping everyone from city
dwellers trying to master a finicky herb garden in a window box to
longtime gardeners across rural America who produce those ubiquitous
wheelbarrows full of zucchini.
Thanks to Jerry, our gardens have been producing more with less.
Today, with dozens of books full of garden advice in print and a weekly
nationwide radio show where he solves the gardening problems of people
across the country, Jerry is well-established as America's go-to guy on
all things gardening.
As he marks one more year on his calendar, I rise to wish him many
more years of garden mastering. Happy birthday, Jerry.
____________________
PRESIDENT BLOCKING THE DEMOCRATIC NEW DIRECTION AGENDA
(Mr. PERLMUTTER asked and was given permission to address the House
for 1 minute.)
Mr. PERLMUTTER. Mr. Speaker, the new Democratic-led House has been
listening to the American people and working to take our Nation in a
new direction. We've passed a wide range of measures to strengthen our
military, grow our economy and support working families, many with
bipartisan support.
For example, so far this year, we've passed legislation implementing
the
9/11 Commission recommendations, approved a budget that achieves a
balance in 5 years, passed sweeping congressional ethics reform,
repealed big oil subsidies, invested funds in renewable energy and
increased the minimum wage.
But the President continues his stubborn opposition to this new
direction that we are providing on Iraq and on key domestic measures.
He does not support or has threatened to veto about two-thirds of the
important work we've already provided.
Mr. Speaker, our priorities are America's priorities. It's time the
President stops obstructing our agenda and begins working with us to
improve the lives of all Americans.
____________________
PROTECTING OUR KIDS FROM CONTAMINATED PRODUCTS
(Mr. KIRK asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. KIRK. Mr. Speaker, yesterday the Consumer Product Safety
Commission and toy company RC2 announced a recall of 1.5 million Thomas
& Friends railway toys because they might contain dangerous amounts of
lead.
Lead poisoning causes vomiting and diarrhea, convulsions, anemia, a
loss of appetite, abdominal pain, irritability, fatigue and coma. It
can even be fatal.
The toys were made in China and were retailed throughout the United
States. First, it was pet food, then toothpaste, now Thomas the Tank
Engine. Just about every family with kids in my district has a Thomas
the Tank Engine.
We need to send a clear notice to importers that goods that threaten
the safety of kids should be left on America's docks.
That's why I'm introducing legislation this week that prohibits the
importation of any product from an importer of processed food or retail
goods that the Secretary of Health and Human Services has determined
contains unsafe levels of contaminants.
Mr. Speaker, we need to do this to defend America's families,
especially its children.
____________________
DIFFERENT PRIORITIES ON FEDERAL SPENDING
(Mr. ALTMIRE asked and was given permission to address the House for
1 minute.)
Mr. ALTMIRE. Mr. Speaker, President Bush said this week that there
are important differences between Republicans and Democrats when it
comes to spending, and he's right, because for 6 years, President Bush
joined with Republicans that led this Congress on the most fiscally
irresponsible budget policies in the history of the Nation. They turned
the record surpluses of the 1990s into the record deficits we face
today, and while they ran up those record deficits, inconceivably they
cut medical research. They cut Head Start, they cut clean water
programs, and they cut health care for our Nation's veterans.
Mr. Speaker, the Democratic budget balances the budget within 5
years, and our appropriations bills comply with pay-as-you-go scoring.
We passed Homeland Security and Military Construction and Veterans
appropriations bills last week, and this week we'll pass an Energy and
Water bill that includes renewable fuel and reduces our dependence on
foreign oil.
So you see, Mr. Speaker, the President's right; we do have different
priorities on Federal spending.
____________________
IN APPRECIATION OF THE NRA
(Mr. WILSON of South Carolina asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. WILSON of South Carolina. Mr. Speaker, nearly 2 months after the
horrifying events at Virginia Tech took the lives of 32 innocent
people, I am
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grateful the House last week acted to improve State reporting to the
National Instant Criminal Background Check System. Sadly, had this
legislation been in place sooner, that tragic day at Virginia Tech
might never have occurred.
I'm especially pleased that the National Rifle Association, of which
I'm a proud member, was active in supporting this effort. I'm also
thankful John Goodwin, previously with former Congressman Rob Simmons,
has recently joined their able team. The NRA plays a vital role in
promoting second amendment rights, and I appreciate their work.
Our thoughts and prayers remain with the families affected by the
Virginia Tech shootings. I urge the Senate to quickly consider H.R.
2640 to ensure guns are available to law-abiding citizens and kept from
the hands of criminals
In conclusion, God bless our troops and we will never forget
September 11. Our sympathy to the people of Charleston due to the
tragic deaths of courageous firemen.
____________________
DEMOCRATS MAKE GLOBAL WARMING A PRIORITY THIS WEEK AS PART OF ENERGY
AND WATER BILL
(Mr. WILSON of Ohio asked and was given permission to address the
House for 1 minute.)
Mr. WILSON of Ohio. Mr. Speaker, this week the new Democratic House
addresses two of our Nation's most important issues, global warming and
energy independence.
This new Democratic Congress recognizes that we must take wide-
ranging action to lessen our dependence on foreign oil and to cut our
greenhouse gas emissions to protect our planet, to reduce energy
prices, and to boost our economy while strengthening our national
security.
This week we will bring an Energy and Water funding bill to the floor
that makes a significant investment in energy efficiency and renewable
energy programs.
We invest $51 million more than the President has asked for in our
solar energy and more affordable, $70 million more for the development
of biofuels, and $59 million more to develop technologies to improve
our fuel efficiency.
Mr. Speaker, this new Democratic Congress is serious about addressing
the issues that have been ignored for far too long. I would hope our
energy bill would receive strong bipartisan support this week.
____________________
{time} 1015
FEDERAL FUNDING FOR PLANNED PARENTHOOD
(Mr. PITTS asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. PITTS. Mr. Speaker, President Bush has been very clear. If
Congress sends him appropriations bills that weaken current pro-life
provisions, he will veto the bills. But don't be surprised if the new
Democratic majority is trying to do so anyway. When they do, I am sure
they will have countless reasons for why they should weaken protections
for the unborn.
But as this debate goes forward, it's important to keep in mind how
much Uncle Sam already gives to abortion providers. Planned Parenthood
reported record profits in 2005-2006 fiscal year. Guess who helped them
achieve these profits? That's right, the American taxpayer.
In 2005-2006, Planned Parenthood received over $305 million in
taxpayer funding, the most ever in a year. They also performed nearly
265,000 abortions, another record. Keep this in mind as we hear the
other side's arguments for giving even more money to abortion
providers. The fact is, these groups are milking the American
taxpayers.
President Bush is right to stand up for current pro-life provisions,
and House Republicans will stand with him on the issue.
____________________
GENERAL PETRAEUS ADMITS THAT CONDITIONS WILL NOT IMPROVE IN IRAQ BY
SEPTEMBER
(Mr. SIRES asked and was given permission to address the House for 1
minute.)
Mr. SIRES. Mr. Speaker, through a congressional debate on the Iraq
supplemental funding bill, Senate and House Republican leaders said
that significant improvements will be needed to be seen by September in
Iraq, otherwise a serious course correction might be needed.
We'll see if Republican leaders will continue to back those words and
will finally join us in moving the Iraq war in a new direction, or will
they move the deadline to a later date like they have done in the past.
It will be interesting to see if they stand by their statements in
light of General David Petraeus' acknowledgment over the weekend that
conditions in Iraq were not improved by September. The general also
indicated that stabilizing Iraq will take as long as 10 years.
Mr. Speaker, Democrats remain committed to forging a new direction in
Iraq. In the coming months, Democrats will continue to hold President
Bush accountable to fight to ensure that the Iraqi people take control
of the country. A 10-year commitment is simply unacceptable to us. Now
we will see if the Republicans will stand by their past statements and
join us in the efforts in September.
____________________
CHILD CRUSADERS
(Mr. POE asked and was given permission to address the House for 1
minute.)
Mr. POE. Mr. Speaker, in the days of the recent past, when a child
was sexually assaulted, the criminal justice system continued to
victimize the child, because the victim was bounced all over town
relating the story to numerous strangers.
Sometimes a child, when interviewed at the police station, actually
came in direct contact with the offender. Also, the child could wait
for hours in the same county emergency rooms as other victims of
stabbings, car wrecks and overdoses.
But times have changed. There are over 680 child advocacy centers in
the United States, including one in Houston, where victims go when
assaulted. At the center are trained police, therapists, doctors and
lawyers that are experts in dealing with children. Here the child is
helped before the trial, during the trial, and, yes, after trial.
The National Children's Alliance, led by Nancy Chandler, is the
umbrella organization that helps these 600-plus centers throughout the
Nation. All these child crusaders are in Washington this week working
to make our land safer for kids.
America is grateful to these members of the victims' posse that help
protect our greatest resource, children. After all, it shouldn't hurt
to be a kid in the United States.
And that's just the way it is.
____________________
MAKE GLOBAL WARMING A PRIORITY THIS WEEK AS PART OF ENERGY AND WATER
BILL
(Ms. SHEA-PORTER asked and was given permission to address the House
for 1 minute and to revise and extend her remarks.)
Ms. SHEA-PORTER. Mr. Speaker, energy independence and fighting global
warming are essential, and they are the challenges of our day. Years of
inaction, even disbelief on the part of the White House and the
Republicans, have delayed any real work being done.
This week the Democratic Congress will bring a bill to the floor to
change this. There will be an Energy and Water appropriations bill that
will provide substantial funding to fight global warming. Overall, the
bill appropriates $3 billion for researching the effects of global
warming. This funding will allow us to monitor radiation in the
atmosphere, to use state-of-the-art computer technology to conduct
climate change modeling and to conduct long-term experiments on the
impact of increased carbon dioxide levels on forests and other
ecosystems.
This research will finally allow us to have the science that we need
to fight this battle. We have delayed it for years because of the
Republican administration's inactivity. I hope that this
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week the Republican leadership will join with the Democrats in Congress
to finally move this forward.
____________________
TRUE IMMIGRATION REFORM NEEDED
(Mr. STEARNS asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. STEARNS. Mr. Speaker, past experiences in the United States and
Europe clearly shows that amnesty legislation only encourages further
illegal immigration. The Immigration Reform and Control Act of 1986
required a criminal background check, payment of application fees,
acquisition of English-language skills, and a civics requirement. Now,
despite all those measures, the law failed to curb the influx of
illegal immigration.
The Senate's immigration reform legislation embodies the same flawed
strategy as the 1986 law. Any measures to enhance border security or to
improve immigration services would be overwhelmed by a continued flow
of both illegal border crossing and individuals who entered legally,
but remain in this country past the period authorized by their visa.
To stop further illegal immigration, Congress should not grant these
illegal immigrants in the United States any form of legal status that
does not require them to leave the United States voluntarily and
undergo adequate criminal national security and health checks before
seeking to return.
____________________
JUNETEENTH
(Mr. COHEN asked and was given permission to address the House for 1
minute.)
Mr. COHEN. Mr. Speaker, today is June 19. June 19 is an important day
in history. To African Americans, and to all Americans it should be,
but to African Americans in particular, it is known as Juneteenth.
Juneteenth is the first day I got involved in politics and learned
about it. I didn't know much about it. I thought, why is Juneteenth a
holiday to African Americans, and I learned. It's a holiday because
that's the day in 1865 that the slaves in east Texas learned that they
were free.
The news of the Emancipation Proclamation did not get to Texas for 2
years, and that was the day that all slaves in America were free. The
idea of our country having slavery as an institution was wrong. It was
a crime against humanity.
There is nothing more valuable to any of us than freedom, the
opportunity to go where we want, to do what we want, and to associate
with whom we want. That's what makes America great. Unfortunately, we
had that institution, and later we had Jim Crow for 100 years.
That's why I have introduced H. Res. 194 to apologize for slavery and
Jim Crow, a crime against humanity that this government and this House
permitted and allowed to occur. We must apologize for our errors.
____________________
THE DRIVE ACT
(Mr. KINGSTON asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. KINGSTON. Mr. Speaker, in 2004, we spent $103 billion buying oil
from nondemocratic countries, countries such as Iran, Venezuela and
Russia, and the list goes on and on. Indeed, we are funding both sides
in the war on terrorism, because every time we send money to these
folks, the money winds up in the hands of somebody, some group, who
doesn't stand for what we stand for and often is overtly anti-American.
That's why we should pass the DRIVE Act, which I have co-sponsored
with Democrat Congressman Eliot Engel. The DRIVE Act seeks to reduce
our oil consumption by 20 percent, which is roughly the amount of oil
we buy from the Middle East.
We do this through tax incentives, putting people in hybrids and
flex-fuel vehicles, getting gas stations to convert to flex-fuel
stations so that they can sell ethanol and biodiesel and giving a tax
incentive for automobile manufacturers so that they can work with
lightweight material to make cars more fuel efficient.
Please co-sponsor the DRIVE Act.
____________________
PROVIDING FOR CONSIDERATION OF H.R. 2641, ENERGY AND WATER DEVELOPMENT
AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Ms. MATSUI. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 481 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 481
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2641) making appropriations for energy and
water development and related agencies for the fiscal year
ending September 30, 2008, and for other purposes. The first
reading of the bill shall be dispensed with. All points of
order against consideration of the bill are waived except
those arising under clause 9 or 10 of rule XXI. General
debate shall be confined to the bill and shall not exceed one
hour equally divided and controlled by the chairman and
ranking minority member of the Committee on Appropriations.
After general debate the bill shall be considered for
amendment under the five-minute rule. Points of order against
provisions in the bill for failure to comply with clause 2 of
rule XXI are waived. During consideration of the bill for
amendment, the Chairman of the Committee of the Whole may
accord priority in recognition on the basis of whether the
Member offering an amendment has caused it to be printed in
the portion of the Congressional Record designated for that
purpose in clause 8 of rule XVIII. Amendments so printed
shall be considered as read. When the committee rises and
reports the bill back to the House with a recommendation that
the bill do pass, the previous question shall be considered
as ordered on the bill and amendments thereto to final
passage without intervening motion except one motion to
recommit with or without instructions.
Sec. 2. During consideration in the House of H.R. 2641
pursuant to this resolution, notwithstanding the operation of
the previous question, the Chair may postpone further
consideration of the bill to such time as may be designated
by the Speaker.
The SPEAKER pro tempore (Mr. Snyder). The gentlewoman from California
(Ms. Matsui) is recognized for 1 hour.
Ms. MATSUI. Mr. Speaker, for purpose of debate only, I yield the
customary 30 minutes to the gentleman from Washington (Mr. Hastings)
pending which I yield myself such time as I may consume. During
consideration of this resolution, all time yielded is for purpose of
debate only.
General Leave
Ms. MATSUI. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and insert extraneous materials into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. MATSUI. Mr. Speaker, this rule permits the House to consider the
Energy and Water Development Appropriations Act of 2008. The bill today
is being considered under an open rule. The issues of energy and water
are always important, but this year these issues are the very center of
our national dialogue.
I applaud Chairman Visclosky and Ranking Member Hobson for their
continued commitment to provide the resources for our water
infrastructure. This investment protects communities and saves lives.
I feel I could speak directly to this because in my home, Sacramento,
this bill is arguably more important to the everyday life and safety of
our population than nearly any bill this Congress will pass. Sacramento
is the most at-risk river city for catastrophic flooding in this
country.
My district serves as the seat of government for California, the
sixth largest economy in the world, as well as the hub of a six-county
regional economy that provides 800,000 jobs for 1.5 million people. A
major flood along the American and Sacramento rivers would have
catastrophic ripple effects regionally and nationally, cause upwards of
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$35 billion in direct property damage, and likely result in significant
loss of life to our families, our friends, and neighbors.
Sacramento needs this bill, but so do countless other communities
across the Nation. I remember all too well on New Year's Eve of 2005
when the headline in our local paper said: ``North State braces as
rains' onslaught arrives.'' My district and I sat on the edge of our
seats and held our breath to see how the storm would unfold.
Flooding did occur, and for those that endured it, it was tragic. But
the majority of Sacramento was spared. Our flood system performed as it
should, but it was definitely put to the test. Bolstering our system,
working through this bill, and with the Army Corps of Engineers made
our survival during that storm possible.
Locally, on a daily basis, we are working closely with the Army Corps
of Engineers, the Bureau of Reclamation, the State of California and
the Sacramento Area Flood Control Agency, our local partner, to achieve
greater flood protection. We have achieved impressive results by
integrating an approach that combines flood protection and dam safety
with partners that can share resources. But what makes an approach like
this possible are strong partnerships between the Federal Government,
the States, and local entities.
I am pleased that this bill strengthens and supports this and other
similar partnerships. Another key component of this bill is funding for
the Army Corps of Engineers operation and maintenance funding account.
This important increase will begin to address billions of dollars in
Army Corps maintenance backlogs.
{time} 1030
This bill takes on the responsibility of not only building but also
maintaining our infrastructure and makes an investment in securing our
communities, property and, most important, lives.
As our country witnessed in the devastation in New Orleans,
maintaining our infrastructure is an important function of the Corps
that we cannot afford to overlook.
It is vital that the Federal Government continue to be a strong
partner for these ongoing water infrastructure and flood protection
investments. This will allow at-risk communities across the country to
strengthen their vulnerable points. It will protect jobs and it will
protect lives. There are few investments as worthwhile as this.
Just as we must invest in our country's water infrastructure, we must
also implement a clean energy economy. This starts with weaning
ourselves off of fossil fuels.
Mr. Speaker, the rising price of gas is well documented. In many
communities gas prices are monitored more closely than the stock
prices. Mr. Speaker, I stood here 1 year ago to manage the rule for
last year's Energy and Water appropriations bill. During last year's
debate I noted that the average cost of a gallon of gasoline was $2.93.
Last year, there appeared to be no end in sight to rising prices.
Unfortunately, we have not seen much improvement at the pump. In fact
what has changed has done so for the worst. According to AAA, the
average price of a gallon of gas today is $3.06. In my hometown of
Sacramento, it's $3.19. Many of us are probably asking, has energy
policy improved?
To begin with, Chairman Visclosky has recentered our priorities with
this appropriations bill. We are now investing in renewable energy
research. We are finally reducing our dependence on foreign oil and
cutting greenhouse gas emissions. We are finally protecting our
national energy security. Chairman Visclosky and Chairman Obey should
be commended for these improvements.
These investments are long overdue, Mr. Speaker. They support our
States and cities. For example, in my home State of California, we have
plans to create a 20 percent renewable portfolio standard within the
next decade.
These increased investments in energy programs contrast greatly with
the President's priorities. Incredibly, the President's total request
for renewable energy and energy efficiency is the same as it was in
2001.
During this President's entire administration, his goals and
priorities have not changed. This is in spite of the everyday reminders
of rising gas prices and the constant stream of evidence that our world
is warming.
I applaud Chairman Visclosky and Ranking Member Hobson for their
leadership in this area. They have set a responsible and innovative
course with these priorities.
Finally, as I mentioned at the outset of this debate, this bill is
being made in order under an open rule, which is our tradition. I hope
that all Members will give that tradition the respect it deserves.
The American people want action on energy policy, climate change,
flood protection and a number of issues that this bill funds. Let's let
the process work, and let's support this responsible bill.
I strongly urge my colleagues to support this rule and final passage
of the underlying Energy and Water appropriations bill.
Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I want to thank the
gentlelady from California (Ms. Matsui) for yielding me the customary
30 minutes. I yield myself as much time as I may consume.
Mr. Speaker, at the beginning of this Congress, the Democrat majority
chose to gut the earmark transparency and enforceability rules that the
Republicans enacted just last year. They then decided to bring the
spending bills to the floor that did not include earmarks so no Member
could challenge, discuss, and call for a vote on the House floor.
Fortunately, the Republicans were successful in forcing the Democrat
majority to restore earmark transparency and enforceability rules and
bring spending bills to the floor with earmarks where they can be
discussed, debated, and voted upon.
But, Mr. Speaker, let me be clear that the Fiscal Year 2008 Energy
and Water appropriations bill before us today does not contain
earmarks. However, Republican and Democrat leaders have reached an
agreement that Members will have an opportunity to debate and vote on
earmarks to be included in this bill before this bill is sent to the
Senate, and I, along with my colleagues, will work to ensure that this
promise is kept.
Mr. Speaker, I also wish to point out that the underlying bill is of
tremendous importance to the central Washington congressional district
that I represent. I am pleased by the funding provided for Hanford
cleanup and the efforts to ensure that the Richland Operations Office
can meet legal cleanup milestones along the River Corridor and in
transuranic waste retrievals.
However, I must say, Mr. Speaker, the funding level for the waste
treatment plant at Hanford is of a concern to me. It is important for
this House and the Congress to recognize that while the bill provides
sufficient funds for construction in this fiscal year, this bill's
funding level will require a significant boost in funding in just 2
years to keep the project on its new independently verified budget and
schedule. We must acknowledge that the choices made on funding for the
waste treatment plant in this bill require balancing with a substantial
increase in the very near future.
I also, Mr. Speaker, support the funds vital to the operation of
Pacific Northwest National Lab, particularly the DOE Office of Science
and NNSA plan to transition scientists' work in the 300 area to
replacement lab facilities. This initiative is critical to our
country's national security. And this bill provides a solid endorsement
and boost to that project.
So, Mr. Speaker, when the Democrat majority keeps its promise to
include earmarks and detail spending in this bill, we will know far
more about the multibillion-dollar budgets of the Army Corps of
Engineers and the Bureau of Reclamation. These are also of great
importance to the irrigators, farmers and ports of Washington State and
the Pacific Northwest.
[[Page 16224]]
Originally, as we know, the Democrat majority would have had this
House consider the Energy and Water appropriations bill with a report
that included page after page of blanks where dollar amounts should
have been in the Army Corps and Reclamation budgets. But due to the
demands of the Republicans, they will now fill in the blanks before and
not after the House votes and sends this bill to the Senate. This will
ensure that all Members will have an opportunity to review earmarks on
the House floor and not just see them added months from now when they
would have been beyond the scrutiny of a House vote.
We Republicans have secured a rules change to ensure this House and
the American taxpayers can scrutinize earmarks, and that earmarks are
subject to a vote of the House. This is the right thing to do, Mr.
Speaker, and I'm pleased that the Democrat majority has agreed to
Republican demands to restore transparency and openness on earmarks.
Mr. Speaker, I reserve the balance of my time.
Ms. MATSUI. Mr. Speaker, I yield 3 minutes to the gentleman from
Vermont, a member of the Rules Committee, Mr. Welch.
Mr. WELCH of Vermont. Mr. Speaker, I thank the gentlelady from
California (Ms. Matsui) for her excellent work on this legislation.
Mr. Speaker, in November Vermonters and the American people demanded
a change in direction in Washington and a change in priorities. The
past 5 months have been an important down payment on our commitment to
change.
Today the House takes up the third of 12 appropriation bills where we
will continue making this progress of taking America in a new
direction. This is a balanced bill adopting the pay-as-you-go principle
enacted by this House of Representatives.
This Energy and Water Appropriation bill represents a bipartisan
approach to our response to a growing energy crisis. We're making real
changes by focusing on commonsense priorities.
We know we must reduce our dependence on foreign oil and cut our
greenhouse gas emissions. This legislation invests $3 billion in
addressing global climate change. It does so by researching effects of
greenhouse gases and then working on the technologies that will make a
new energy future. It also focuses on the growing renewable energy
industry, making an investment in energy programs that both reduce
greenhouse gases and help our Nation meet its energy needs.
This Energy and Water bill provides a 50 percent increase in energy
efficiency, renewable energy and important water projects, including
$200 million towards solar, $235 million in vehicle technology to
increase mileage efficiency, $146 million in energy-efficient
buildings, $117 million in enhancing hydropower.
In addition, it invests over $5 billion, as the gentlelady from
California said, in construction operations and the management of
critical water projects around the entire country, including in the
State of Vermont.
These programs are important not only when talking about the need to
reduce America's dependence on foreign oil and greenhouse gas
emissions, but to make critical investments in new industries that can
be seen across the country. If we make this commitment now, we can have
a pro-growth, pro-high tech, pro-environment economy of the future.
In my district of Vermont, we have dozens of thriving, renewable
energy companies rooted in our community and creating goods jobs.
Efficiency Vermont, GroSolar, Agrefresh and NRG Systems, to name a few.
This is a timely bill. It invests in our energy independence and
makes a down payment on the necessary progress to address climate
change in our energy future. This Congress is committed to taking our
country in a new direction, working in a bipartisan manner and in a
fiscally responsible way. We're committed to making this an energy-
independent country.
Mr. HASTINGS of Washington. Mr. Speaker, I would ask my friend from
California if she has any more requests. I have no more requests for
time and I'm prepared to yield back if she is.
Ms. MATSUI. I have no additional speakers.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself as much time
as I may consume.
And this is a truly open rule that continues the longstanding
tradition of providing open rules for appropriation bills. So
therefore, Mr. Speaker, I support House Resolution 481, and urge my
colleagues to do the same.
Mr. Speaker, I yield back the balance of my time.
Ms. MATSUI. Mr. Speaker, I thank the gentleman from Washington. I
yield myself the balance of my time.
Mr. Speaker, this is a good bill that puts our energy policy on line
with the people's priorities by investing. It also raises our
investment in our water infrastructure.
I urge a ``yes'' vote on the previous question and on the rule.
Mrs. BIGGERT. Mr. Speaker, I rise today in support of this open rule
and the fiscal year 2008 Energy and Water Appropriations bill.
Mr. Speaker, I want to commend Chairman Visclosky, Ranking Member
Hobson, and their subcommittee for putting together a strong bill that
clearly recognizes the importance of scientific research and energy
security to our national competitiveness. In particular, I want to
commend them for more than meeting the President's request for the DOE
Office of Science.
Mr. Speaker, we face a world in which our economic competitors in
Asia and Europe are making significant new investments in their own
research capabilities. These investments are beginning to payoff, as
Asian and European countries challenge U.S. leadership in the sciences,
no matter how it is measured--by number of patents won, articles
submitted to scientific journals, degrees awarded, or Nobel prizes won.
Report after report has called on Congress and the President to
invest in U.S. research capabilities. The benefits of such an
investment to the U.S. economy and U.S. competitiveness are well known.
Economic experts have concluded that science-driven technology has
accounted for more than 50 percent of the growth of the U.S. economy
during the last half-century.
That's why President Bush and Congressional Democrats and Republicans
have proposed doubling federal funding for basic research in the
physical sciences over the next 5 to 10 years as part of their
innovation and competitiveness initiatives.
Supporting over 40 percent of total federal funding for basic
research in the physical sciences--more than any other Federal agency--
the DOE Office of Science is the Nation's primary supporter of research
in the physical sciences.
Mr. Speaker, U.S. scientists are as bright as any in the world, but
they traditionally have had better tools than everyone else. Under the
President's budget, 21,500 researchers would have access to the DOE's
unique system of large-scale, specialized user facilities. Nearly half
of those users will be university faculty and students, many will be
from other federal agencies, and a significant number will be from U.S.
industry.
And the Office of Science is using those facilities and its expertise
to address our energy challenges. It supports basic research related
to: The production of cellulosic biofuels; the development of advanced
materials for the safe storage of hydrogen; more durable and efficient
solar panels and wind turbines; and advanced nuclear systems, not to
mention fusion power.
Mr. Speaker, the Office of Science has developed a balanced
investment strategy to ensure the U.S. retains its dominance in such
key scientific fields as biotechnology, nanotechnology, materials
science, and supercomputing well into the next century. I again commend
my colleagues on the Energy and Water Appropriations Subcommittee for
recognizing the great contributions that basic research in general--and
the DOE Office of Science in particular--make to our energy security
and our national competitiveness.
Ms. MATSUI. I yield back the balance of my time, and I move the
previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
____________________
ELECTION OF MEMBER TO COMMITTEE ON ENERGY AND COMMERCE
Mr. HASTINGS of Washington. Mr. Speaker, by direction of the House
Republican Conference, I send to the desk
[[Page 16225]]
a privileged resolution (H. Res. 496) and ask for its immediate
consideration in the House.
The Clerk read the resolution, as follows:
H. Res. 496
Resolved, That the following member be, and is hereby,
elected to the following standing committee of the House of
Representatives.
Committee on Energy and Commerce.--Mr. Gillmor, to rank
after Mr. Stearns.
The resolution was agreed to.
A motion to reconsider was laid on the table.
____________________
VACATING ORDERING OF YEAS AND NAYS ON S. 1352, DR. FRANCIS TOWNSEND
POST OFFICE BUILDING
Mr. VISCLOSKY. Mr. Speaker, I ask unanimous consent that the ordering
of the yeas and nays be vacated with respect to the motion to suspend
the rules and pass S. 1352 to the end that the Chair put the question
de novo.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Davis) that the House suspend the rules
and pass the Senate bill, S. 1352.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
____________________
PERMISSION TO REDUCE TIME FOR ELECTRONIC VOTING DURING CONSIDERATION OF
H.R. 2641, ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2008
Mr. VISCLOSKY. Mr. Speaker, I ask unanimous consent that, during
consideration of H.R. 2641 pursuant to House Resolution 481, the Chair
may reduce to 2 minutes the minimum time for electronic voting under
clause 6 of rule XVIII.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
____________________
GENERAL LEAVE
Mr. VISCLOSKY. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 2641, and that I may include
tabular material on the same.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
____________________
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT,
2008
The SPEAKER pro tempore. Pursuant to House Resolution 481 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 2641.
{time} 1045
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2641) making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2008, and for
other purposes, with Mr. Davis of Alabama in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Indiana (Mr. Visclosky) and the gentleman from
Ohio (Mr. Hobson) each will control 30 minutes.
The Chair recognizes the gentleman from Indiana.
Mr. VISCLOSKY. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, it is my privilege to submit to the House for its
consideration H.R. 2641, the Energy and Water Development
Appropriations bill for fiscal year 2008.
I want to first thank all the members of the Energy and Water
Development Subcommittee for their help in bringing this bill to the
floor today. I particularly want to thank my partner and ranking
member, Mr. Hobson of Ohio, for his extraordinary friendship and
cooperation this year.
I would parenthetically point out that for the last 8 years, Mr.
Hobson has come to this floor as chairman of an appropriations
subcommittee to manage a bill. I am wiser and richer because of the
advice and counsel of Mr. Hobson throughout the development of this
bill, and I thank my friend deeply.
This is a truly bipartisan bill that represents a fair and balanced
compromise. I believe this is the way our constituents expect
Representatives to work together, and I am proud of our bipartisan
process. I also want to thank the chairman of the Appropriations
Committee, Mr. Obey, and the ranking minority member, Mr. Lewis, for
their support.
And I deeply want to thank all of the staff of the subcommittee,
Dixon Butler, Scott Burnison, Terry Tyborowski, Taunja Berquam, Lori
Maes, Kevin Cook, Rob Blair, and Ben Nicholson, for their very hard
work on this bill. I want to also thank both Shari Davenport of my
office and Kenny Kraft of Mr. Hobson's office. And I would also
acknowledge our agency detailee, Chris Frabotta from the Corps of
Engineers, for his assistance in putting this bill and report together.
These people form a great team and their work has been invaluable. I
would also note for the membership that Chris has served two tours of
duty in Iraq as part of the Army Corps of Engineers and Taunja has also
served our country in Iraq on one tour also with the Army Corps of
Engineers.
Total funding for the Energy and Water Development in fiscal year
2008 is $31.603 billion. This bill cuts lower priority programs. These
spending cuts include 37 programs in weapons under the Department of
Energy, totaling $632 million below the President's request, and 20
other programs, totaling $280 million below the President's request.
On the other hand, this bill funds the most worthwhile projects and
programs at or above the requested level. It reduces some programs that
are less valuable or less urgent and redirects funding from previous
years that has not been obligated or spent.
All our constituents are in shock at the high price of gas. There is
nearly half a billion dollars provided in this bill for research,
development, and demonstration efforts in biofuels and vehicle
technologies. I would also note that this subcommittee has been working
to provide additional funding for this critical area for 3 years, first
of all, under the leadership of Mr. Hobson and, more recently, myself.
We are today funding above the President's request for biofuels and
vehicle technologies over fiscal year 2006. Together we again increase
funding in 2007, and this subcommittee this year made additional
investments in vehicle technologies and biofuels for fiscal year 2008.
Compared to the President's 2006 request, the subcommittee has worked
in a bipartisan fashion to address the energy crisis by increasing
funding for these areas by over 100 percent.
These efforts will not bring down the price of gas immediately, but
they will help put us on a path to decrease dependence on imported oil
and greater fuel efficiency. These are critical steps we must take
today.
One of the reasons for our current energy price crisis is the past
lack of investment in energy. In fiscal year 2006, adjusted for
inflation, government funding for energy research, development, and
demonstration had fallen to less than one-quarter of its 1980 levels.
In the fiscal year 2007 year-long continuing resolution, Congress began
to address this by increasing funding for energy efficiency and
renewable energy activities at the Department of Energy by $300
million. For example, in fiscal year 2006, adjusted for inflation,
government funding for conservation R&D was 49.2 percent of where it
was in 1980. This year it will be 68.7 percent. The
[[Page 16226]]
bill provides increased funding for energy efficiency and renewable
energy that is $400 million above 2007 levels.
Energy consumption can be cut in the near term through increased
funding for weatherization assistance. This bill provides $245 million
in weatherization grants and is an increase of $100 million from the
President's request. In addition, the bill redirects fossil energy
funding to emphasize carbon capture and sequestration.
Increased funding is included for nuclear energy as well, balancing
support for licensing new light water nuclear reactors, the kind that
currently provide 20 percent of our electricity, for demonstrating the
safer Gen IV helium-cooled nuclear reactor technology and for research
and development, particularly on the nuclear fuel cycle.
Nuclear weapons or weapons material in the hands of terrorists is
acknowledged by the President and others to be the number one terrorist
threat to the United States. The Department of Energy takes the lead in
combating this threat by advancing international efforts to prevent
nuclear proliferation with an $878 million, or 74 percent, increase to
the President's proposed operating level for legitimate nuclear
nonproliferation programs.
Testimony before our committee has made clear that there are
significant opportunities for protecting such nuclear material where it
exists, enhancing monitoring systems that detect it should it be moved
illegitimately, and transferring it to safer locations. This bill also
redirects funding provided in 1999 but never spent to initiate a
nuclear fuel bank under the auspices of the International Atomic Energy
Agency. This fuel bank, conceived originally by former Senator Nunn and
others, is intended to remove the motivation for countries that wish to
rely on nuclear energy to develop their own uranium enrichment
capabilities. This is the precise concern that the U.S. and many other
nations have today with the country of Iran.
Nuclear nonproliferation activities have included parallel efforts
for the United States and Russia to dispose of surplus weapons-origin
plutonium. The U.S. has pursued fabrication of mixed oxide fuels, so-
called MOX, for use in commercial nuclear reactors followed by disposal
in Yucca Mountain as its strategy. It is assumed that Russia will
eventually agree to follow a similar path. Russia prefers a different
path to dispose of its weapons-origin plutonium by using it to fuel
breeder reactors. This approach would result in more plutonium, not
less. The administration and the defense authorizers ended a direct
linkage between the U.S. and Russian programs last year. Therefore,
with no expectation of any Russian plutonium disposition occurring
under this program, the U.S. MOX facility is no longer a nuclear
nonproliferation activity. And very importantly, and I would emphasize
this, the subcommittee transfers the project to the nuclear energy
program along with enough funding to allow construction to proceed.
This funding for MOX will be accompanied by continuous oversight. This
subcommittee will closely monitor the progress of the MOX facility. If
mistakes continue to be made, the Department of Energy will find it
very difficult to make a successful case for any further support.
Without question, Mr. Chairman, there is a need for a comprehensive
nuclear defense strategy and stockpile plan to guide transformation and
downsizing of the stockpile nuclear weapons complex; and until progress
is made on this crucial issue, there will be no new facilities or
Reliable Replacement Warhead. Only when a future nuclear weapons
strategy is established can the Department of Energy determine the
requirements for the future of nuclear weapons stockpile and nuclear
weapons complex.
Further, testimony before this subcommittee has pointed to the
potential for the international community to misunderstand development
by the United States of a new nuclear weapon. Moreover, for the last
decade, the administration has said that stockpile stewardship was a
path to maintain the safety, security, and reliability of the nuclear
stockpile. Now, with three major facilities that we were told were
needed for stockpile stewardship all overbudget, all over their
deadlines, and all not completed, we are told ``let's do something
else.''
Given the serious international and domestic consequences of the U.S.
initiating a new nuclear weapons production activity, it is critical
that the administration lay out a comprehensive course of action before
funding is appropriated. Major transformation of the weapons complex
can only be produced with significant bipartisan support, lasting over
multiple sections of Congress and multiple administrations. Given the
track record of mismanagement at the agency for projects that have a
plan, I don't think it is asking too much for a comprehensive nuclear
strategy before we build a new nuclear weapon.
People work hard for their money before they pay their Federal taxes.
The Department of Energy has squandered vast sums of this money.
Project management at the Department of Energy must be reformed. The
Department of Energy is the largest civilian contracting agency of the
Federal Government and spends over 90 percent of its annual budget on
contracts. In 1990 the Government Accountability Office, the GAO, began
an annual assessment resulting in a list of programs that are at high
risk for waste, abuse, and mismanagement. DOE contract management has
been on that list year in and year out for 17-long miserable years. GAO
has found that since October 2002, alone, DOE has achieved its
performance goal of implementing projects within 10 percent of cost and
schedule baselines only about one-third of the time.
One of the management failures is the waste treatment plant at
Hanford, Washington, where the construction cost overrun now exceeds $8
billion. This is just one example of inexcusable, ineffective, and
wasteful project management at the Department of Energy. DOE's
inability to effectively manage critical projects has real consequences
for our Nation and calls into question their ability to ensure that we
are prepared to meet important challenges.
In the bill, DOE is directed to work with the GAO to develop a
concrete plan to get off the GAO high-risk list.
There are also elements in this bill, important ones, dedicated to
the environmental cleanup responsibilities of the Department and for
the Army Corps of Engineers, as well as the Bureau of Reclamation.
I do believe, Mr. Chairman, this is a very good bill and would
recommend it to my colleagues' attention and would request their
support.
Mr. Chairman I reserve the balance of my time.
Mr. HOBSON. Mr. Chairman, I yield myself such time as I may consume.
First of all, let me thank Mr. Obey, the chairman of the committee,
for his good work with us on this bill. And I want to add my support to
Chairman Visclosky on doing a good job on his first bill, and I will
talk about that a little bit further.
This is the first Energy and Water appropriation bill that my
colleague from Indiana has developed and brought to the floor. The
first one, I found out, is always the hardest one, but he has done a
great job and it is a good bill; and I have certainly enjoyed working
with him this year in a new position for me also as the ranking member
on this bill.
It certainly helps to have an allocation that is $1.1 billion over
the administration's request. However, I do not disagree with the major
funding decision that the chairman has made in this bill.
This bill is a very thoughtful approach to some very difficult
issues, including investing in our Nation's water infrastructure,
developing domestic energy sources with less impact on global climate,
and fostering our national security through rational efforts on nuclear
nonproliferation and nuclear weapons.
I want to comment briefly on a couple of specific programs and
projects, including several that Chairman Visclosky has just recently
discussed. I fully support the increased spending for water resources
infrastructure. We
[[Page 16227]]
have chronically underinvested in this infrastructure in recent years
both in this administration and, frankly, in the previous
administration.
{time} 1100
And the hurricanes of 2005 taught us some very hard lessons about the
consequences of such underinvestment.
The Corps already has a significant backlog of construction projects,
a backlog that, frankly, is only going to get larger with the next
Water Resources Development Act, which we don't have the money to fund
that.
I'm very pleased that the chairman maintains the continuing contracts
and financial management reforms for the Army Civil Works program.
These reforms are critical if the Corps is to get its house in order,
and if it is to make responsible use of the $5.5 billion we provide in
this bill. And let me say that not fixing the Corps' problems has cost
us a lot of money, because when we don't complete projects on time or
don't complete parts of projects, those projects grow in cost and it
makes the problem even worse. And therefore, the underfunding of this
by the administration, and not just this administration, but previous
administrations, has not been helpful.
I generally agree with the majority's priorities for the Department
of Energy. It is essential that we develop advanced energy technologies
that increase our energy security by reducing greenhouse gas emissions
and lessening our dependence on foreign oil. However, I will caution
that increased spending on these technologies is no guarantee of
increased results, especially at the Department of Energy.
I want to briefly talk on this subject of loan guarantees. I will
state up front that I have no confidence whatsoever that the Department
of Energy is capable of managing this program in a responsible manner.
That said, I recognize the congressional and industry pressure in favor
of loan guarantees.
You may hear two complaints about our bill, that we do not provide
the full administration request of $9 billion for loan guarantees, and
that we did not include nuclear power plants in the $7 billion. Those
criticisms miss one essential fact: that Congress already provided DOE
with $4 billion for loan guarantees in the fiscal year 2007 continuing
resolution that was not restricted to any particular energy
technologies. The Department could apply all $4 billion to nuclear
power plants if they so choose. But let me tell you, they don't have
any expertise over there on this, and it's going to be a mess because
they don't know how to handle it and they don't know how to underwrite
these loans. But they're going ahead with the program because Congress
is pushing them into it.
Now I want to talk about nuclear weapons.
I share the majority's concerns on the reliable replacement warhead.
The concept of RRW has merit if it allows us to have a smaller
stockpile of more reliable weapons that will not require nuclear
testing. But all we have right now is a vague promise. What we need to
see is a significant stockpile plan from the administration that shows
how developing the RRW will actually get us to a much smaller future
stockpile. Such a stockpile plan is also essential before we invest
significant resources in modernizing the DOE's nuclear weapons complex.
For that reason our bill does not fund RRW, and makes roughly a 10
percent reduction in the weapons account activities.
We should not be spending billions to modernize a Cold War footprint
of the weapons complex until the Department of Defense defines what
kind of future stockpile DOE will have to support. I don't think most
people are really aware of how this all works, but the Defense
Department is the customer, DOE is the provider.
I am aware that there are Members' and administration concerns about
the effect these cuts may have on weapons facilities. I will address
these concerns later in my discussions.
Now let me talk about one that really gets me going.
There is really only one place in this bill, and I see the chairman
smiling, where I have a really significant difference of opinion with
the majority, and that is funding for the MOX plant. For those Members
who are not familiar with this project, let me do a little quick
review.
In early 2000, the United States and Russia agreed for each country
to dispose of 34 metric tons of excess weapons-usable plutonium. Each
country had a preferred technology for plutonium disposition. The U.S.
wanted immobilization, and Russia wanted fast reactors. So, they
reached a compromise to convert the plutonium into mixed oxide fuel to
be burned in existing commercial lightwater reactors. The U.S. and
Russia were supposed to proceed in parallel with their respective MOX
projects. Well, guess what? The Russians are coming. Last year, Sergey
Kiriyenko, the head of ROSATOM in Russia, told the chairman and myself
that MOX is an obsolete and expensive technology, and Russia has no
intention of building a MOX plant unless the international community
pays 100 percent of the cost. If Russia has to spend any of its own
money for plutonium disposition, then it will use fast reactors. He
couldn't believe that we were dumb enough to still want to build a MOX
plant in the United States. Well, guess what? We are going to build one
because we are that dumb, I guess, because DOE and some in Congress
still think we should proceed with construction of this plant.
The project was sold to Congress as costing only $1 billion. That's
where it started out. The latest estimate, and they haven't broken
ground yet, is $4.7 billion. And that's before construction actually
starts. Given DOE's dismal track record of controlling costs, the final
price tag will certainly be much higher. The total set of facilities
and operations that must be completed to dispose of the 34 metric tons
of U.S. plutonium has an estimated life-cycle cost of $11 billion. And
the project is now a mere 11 years behind schedule.
So, what has been the response of this cost growth and schedule
slipping and the Russian abandonment of the MOX approach? The
authorizers delinked the U.S. and Russia project, meaning they want the
U.S. MOX project to go forward with or without any Russian progress.
The U.S. material, frankly, is not at risk. What we really wanted to do
was to eliminate the 34 metric tons of the Russians. So now, what is
the incentive for the Russians to go forward and eliminate theirs? So,
we lost all our leverage.
This is not about nonprolifieration, it's all about jobs and economic
development in South Carolina. Without any competition, DOE picked the
Savannah Rivers site as the place for the MOX project. Some claim that
South Carolina only accepted this mission with great reluctance, and
insisted on DOE building a MOX plant so that plutonium would have an
assured path out of the State. Well, that argument is bogus for two
reasons.
First, the 34 metric tons of plutonium is not presently at Savannah
River. The vast majority of it is stored at the Pantex plant in Texas.
The government does not have an obligation to get this material out of
South Carolina because this material isn't in South Carolina.
Second, some folks assume that construction operation of the MOX
plant somehow guarantees this plutonium material will leave their
State. Well, it doesn't. We have testimony on the record from DOE
making very clear that Yucca Mountain will be full to its authorized
capacity by the year 2010. Any material generated after that date,
whether spent MOX reactor fuel or even vitrified plutonium, will remain
in storage onsite until Yucca is expanded or a second repository is
built. That means this plutonium material will remain in South Carolina
for a long time. And during that time, they're going to be able to sue
us for $100 million a year because we haven't moved it. Does this sound
dumb? Does this sound like smart business? Not to this Member.
I had high hopes that the Secretary of Energy had the background and
skills to make a real difference at DOE, and certainly on this project
he could have made a difference. But I have lost confidence in him, and
it
[[Page 16228]]
started over his unwillingness to change course on the MOX project when
circumstances changed.
There is plenty of blame to go around. Not only has the
administration stubbornly insisted on ``staying the course'' on this
troubled project, but the authorizing committees with jurisdiction have
failed to exercise oversight and taken action on MOX. Even the fiscal
conservatives in my own party, who were so anxious to criticize every
earmark, miss the fact that this project will waste $11 billion of
taxpayer dollars. I want you to know under my watch, when I was
chairman of this, we gave it zero funding. And I would have liked to
have done that. But I understand the pressures on the chairmen on both
the committee and the subcommittee. And frankly, they have reduced the
level significantly from the requested amount.
I really appreciate the fact that the chairman of the full committee
and Mr. Visclosky made a statement, the statement was actually by Mr.
Visclosky and supported by Chairman Obey. And the chairman said, ``The
MOX plant is one of only a few construction activities supported in the
bill. And DOE is put on notice that the first sign of significant cost
growth, schedule slip or requirements change, the committee will shut
this project down.'' In future years, maybe this project will run off
the rails, and I want Members to see what happens here.
I offered to the administration and to others not to build this plant
the way they're building it. I think it's silly to build 34 metric ton
capacity and then have to tear the plant down and send it out to Utah
and put it underground. What I really wanted to do, and offered to do,
was build a plant that we could design up front to where we could do
other types of fuels in this, rather than the weapons-grade plutonium,
but nobody seems to be listening anywhere at this point. But I do
appreciate the full chairman and the chairman of the subcommittee and
their comments.
I want to talk about the policy on earmarks. I think we've got that
straightened out now. I wish it had been in this bill, but I think it's
going to move forward. And I think we fail in our responsibility if we
don't do oversight. I think it's good to take out both the President's
earmarks and our earmarks. I did that before. Any new starts that were
in the bill, I took them out when I was chairman, and I want to
congratulate the chairman now for doing the same thing. We need to
provide more oversight.
I really get upset that the way the Corps of Engineers is done today
is we get no real input into that. It's all basically done by an agency
within the White House and by some people that we don't even meet with
and we don't even know. They are saying what's going to go forward in
somebody's community or not going forth in somebody's community; and
frankly, we're here and know our communities better than somebody in
some agency that we can't find.
I want to just conclude by saying I am pleased that Chairman
Visclosky has continued the bipartisan cooperation in this bill. I am
proud to be a part of a subcommittee that focuses on getting the job
done efficiently and does not let partisanship get in the way of doing
the right thing for the American people.
This subcommittee could not get the job done so well without
exceptional staff. I want to thank Dixon Butler, Taunja Berquam, Scott
Burnison, Terry Tyborowski and Lori Maes on the majority side for their
hard work and dedication. I might say, many of those people worked when
I was the chairman before, and I thank the majority for keeping them,
and for the good work that all of them have done.
I also want to thank Chris Frabotta, our Corps detailee this year,
who comes from the Corps' Wilmington District and has served in Iraq. I
also want to thank Kevin Cook, Ben Nicholson and Rob Blair on our
minority subcommittee staff, and Shari Davenport on the chairman's
personal staff and Kenny Kraft on my staff for a great job. We have all
worked together on this bill for a number of years, and we are
continuing to do that.
I just really want to thank my chairman, my partner on this bill. I
frankly intend to be as good a partner to the chairman as he was to me
when I was the chairman. And the only way we can solve some of the
problems of the Corps of Engineers and the Department of Energy is,
frankly, for us to continue working together.
Despite my concerns about the level of spending without congressional
direction, I intend to support this bill to the full. And I encourage
the other members of the committee to do so as well.
Once again, I thank the chairman for his courtesy, and I look forward
to working with him for a number of years.
Mr. Chairman, I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I would just make a few comments. One
is, I do not believe that Mr. Hobson was on the floor when I thanked
him for his sage advice.
As he mentioned in his opening remarks, as I did in mine, he has
chaired eight times and has brought bills to the floor eight times on
appropriation subcommittees. He has been a great friend and a great
teacher. I would suggest that the mistakes I make are my own and not a
failure of Mr. Hobson or the ably trained staff on the committee.
I would also simply point out in all seriousness that the
differences, so to speak, between Mr. Hobson and myself on MOX are
marginal and at a matter of degrees. We are agreed as far as the
failure of the Department of Energy and their management practices. We
are agreed that they are forewarned that they had better not make one
mistake in South Carolina on this project. And I would very strongly
emphasize that the moneys for MOX are where they should be and where I
certainly want them to remain, and that is within the energy programs
of the Department of Energy because MOX no longer has anything to do
with proliferation, and if left in that account, would have eaten half
of that very important program alive from a monetary standpoint.
{time} 1115
I would emphasize this is not simply an issue of money, but keeping
that money in its appropriate account, and that is in the energy
account at the Department of Energy. Again I would thank the gentleman
for his words on this project on this House floor.
Mr. Chairman, I yield such time as he may consume to the gentleman
from Wisconsin (Mr. Obey), the chairman of the full committee.
Mr. OBEY. Mr. Chairman, I thank the gentleman for the time, and I
want to congratulate the gentleman from Indiana and the gentleman from
Ohio for doing a first-rate piece of work on this legislation. They
know their business, they work with each other well, and I am proud of
both of them. I would like to discuss two matters. The first is the
question of congressional earmarks, and the second is the actual
substance of this bill.
We have seen much attention paid over the past several months to the
practice of Congress earmarking certain projects.
This bill is a project-oriented bill, and so there will be quite a
lot of that going on before the bill is finished. But I would like to
put that in context. The fact is that the administration has requested
far more dollars for earmark projects for this bill than the Congress
traditionally provides.
Example: In fiscal year 2006, which is the last year we had a
completed bill, the President asked for 987 specific earmark projects
in the budget for the Army Corps of Engineers, costing $3.8 billion.
The Congress appropriated $1.1 billion for projects that it ranked as
high priority.
The result: 77 percent of the Army Corps budget went for projects
earmarked by the administration; 23 percent went for projects earmarked
by the Congress of the United States.
In fact, this is a copy of the report for that 2006 bill. The list of
administration project earmark requests goes on for 46 pages, and I
would submit that if the administration had been Democratic, it would
have been the same result.
[[Page 16229]]
Now, how does the administration decide how to allocate money to
specific projects? Here is what the instruction sheet reads for the
Corps of Engineers: ``To be included in the recommended program and
considered for the ceiling program for fiscal 2008, a construction
project or separate element must be consistent with policy.''
Well, guess what? That is the same policy that Congress provides.
Projects have to be consistent with policy in order to be included.
The document from the Army Corps of Engineers also says it must have
a decision document for which executive branch review has been
completed. And then it goes on to say, each project or separable
element must meet at least one of nine criteria, which are listed. But
then it goes on to say, ``however, the agency may propose to relax
those criteria, to use additional criteria, or to include special
cases.''
Guess what? That is exactly what the Congress does in determining
which projects it feels are high priority.
Now, let's turn to 2008. This year, the administration has requested
some 991 projects. If you string them end to end, that is how long
their project list is for this year. I would submit, in the end, this
will be a longer list than the project list provided by the Congress in
this bill.
So let me simply state that whether projects are funded because of
directed spending on the part of the administration or directed
spending on the part of the Congress, the result is the same: public
money is expended on projects that either the executive branch or the
legislative branch thinks represent high priority needs. So much for
earmarks in this bill.
Now, let me simply discuss the substance. There are three major areas
of funding critical to our country's future in the bill: climate
change, the energy crisis, and nuclear policy.
This bill includes more than $1 billion above the President's request
for climate change. Funding goes to energy research, for development
and demonstration of energy technologies that don't release greenhouse
gases. They include conservation, research and development, and
demonstration to reduce energy consumption in buildings, vehicles and
energy-intensive industries. They include deployment of conservation
measures in Federal buildings. They include demonstration of capture
and sequestration of carbon dioxide.
In the 1970s, the United States responded to the energy crisis in
those days with substantially increased funding for energy research,
for development and demonstration. But with the collapse of oil prices
in the eighties, the interests of the administrations and the interests
of Congress, unfortunately, subsided. So the result is that by fiscal
2006, after adjusting for inflation, research budgets for renewable
energy were only 20 percent of what they were in real terms in 1980.
Research budgets for fossil energy were only 25 percent of 1980 levels.
Funding for conservation research was only 49 percent of 1980 levels.
In the year-long continuing resolution which we passed just 3 months
ago, we raised those percentages considerably. So 2007 funding for
renewable energy was boosted up to 38 percent of 1980 levels, and 2007
funding for conservation was boosted to 54 percent of 1980 levels.
This bill continues that effort: 2008 funding for renewable energy
will now under this bill be upped to 47 percent of 1980 levels, 2008
funding for fossil energy will be upped to 31 percent of 1980 levels,
and 2008 funding for conservation will be up to 67 percent of 1980
levels.
This bill also provides for a $2 billion operating level for the
nuclear nonproliferation activities of the Department of Energy.
This bill does not fund new nuclear weapons nor major new weapons
facilities, because the administration has not developed a strategy for
strategic nuclear weapons in the post-Cold War era.
So let me simply say in conclusion that this bill reverses a quarter
century of decline in energy research. It increases critical funding to
prevent nuclear weapons or material from falling into the hands of
terrorists. It represents a responsibly balanced bill. I congratulate
both gentlemen for producing this, and I would urge strong support for
its passage.
Mr. HOBSON. Mr. Chairman, I yield 3 minutes to the gentleman from
Tennessee (Mr. Wamp), a member of the committee.
Mr. WAMP. Mr. Chairman, I thank the distinguished ranking member.
Mr. Chairman, I want to talk for a minute about process, because I
have been on the Appropriations Committee 11 years and on this
subcommittee for 9 years. I have served on half a dozen subcommittees
of appropriations, and I have seen no subcommittees exert more or
better oversight to the programs that they are responsible for than
this committee.
First under Chairman Hobson, now under Chairman Visclosky, the two
have worked as brothers very effectively to hold accountable these
agencies. You heard them both express consternation with the Department
of Energy. In my 12\1/2\ years here, the first 6 years it was
Democratic leadership of that Department, and now Republican leadership
of that Department. Both could improve, and both must improve. But
these gentlemen are trying to hold these programs accountable.
There are two issues here on responsibility. One is just holding the
line on spending. The other is exerting the Congress' responsibility to
make sure these programs work and that we get the bang for the buck,
spend the money and get the return. Oftentimes, the bureaucracy and the
waste and the mismanagement are more important than the dollars that
are being spent. They are doing something about it, and doing it
extremely well.
Now, I am also for holding the line on spending in a big way. But if
you ask the American people right now which one of these appropriations
bills should you be spending more money in, they would say energy
independence first. It is the biggest national security issue we have
now. It is the confluence of the natural environment, our energy
independence, and national security.
So all I would say is, let's be careful we are not penny-wise and
pound-foolish. We should be spending more money on renewables and
energy efficiency and energy research. We should be trying to encourage
biomass and new fuels and new vehicles. So let's be careful, okay?
I definitely want to hold the line on spending. There are going to be
some vetoes, and rightly so. But I want to make sure that this
particular bill at the end of the day better funds these programs that
we are all for.
Remember, ``conservative'' means conserve energy, save energy, more
efficient energy. These are important programs. They can be managed
better.
This is also the bill that funds nuclear nonproliferation, a big
issue right now. We have got weapons activities. Heather Wilson of New
Mexico spoke at our conference this morning about things that actually
are not in this bill and should be in this bill.
So this is the beginning of the process. I know Senator Domenici is
going to weigh in. I love it, because these House leaders have given
the House a better position to negotiate this bill from than we have
ever had in my tenure here, because we need that leverage. Frankly, the
Senate has rolled us on this bill for many years. Not any more. We get
fair treatment. We can go in there and negotiate our priorities and
come away with a good product.
So I am not going to say this bill is perfect, but I have to tell
you, they have done a great job putting it together. We are going to
end up with a great bill in the final analysis. Congratulations to all,
and thanks to the staff.
Mr. VISCLOSKY. Mr. Chairman, I yield 2 minutes to the gentleman from
Colorado (Mr. Perlmutter).
Mr. PERLMUTTER. Mr. Chairman, I thank Mr. Visclosky for yielding me
time.
Mr. Chairman, this bill really, I think Mr. Wamp said it is best, is
one about efficiency and it is about how we spend our money when it
comes to energy independence. There is no question that the people of
this country understand it very well, that this bill is
[[Page 16230]]
good for national security, it is good for the climate and it is good
for jobs, because it promotes energy efficiency, it promotes renewable
energy and alternative sources of energy, and it adds sufficient
funding to the Department of Energy so that it can really boost its
Office of Science and its Office of Energy Efficiency.
I am fortunate to have in the Seventh Congressional District of
Colorado the National Renewable Energy Lab, which is the finest
laboratory of its kind in the world, to promote renewable energy and
energy efficiency. This bill will help the Department of Energy
continue to support the National Renewable Energy Lab as it works with
the private sector to come up with new ways to power America and the
rest of the globe.
This is a fine bill. I thank the committee for developing this. I
support it, and I ask wholehearted support from the Congress, because
this, as I said, is good for national security, it is good for the
climate, and it is good for jobs.
Mr. HOBSON. Mr. Chairman, I yield 3 minutes to the gentleman from
Michigan (Mr. Knollenberg) for a colloquy with the chairman of the
subcommittee.
Mr. KNOLLENBERG. Mr. Chairman, I thank the gentleman for yielding. I
do want to enter into a colloquy with Chairman Visclosky.
Today I rise to highlight the importance of research of advanced
battery technology and our efforts to reduce our country's dependence
on Mideast oil, also increase energy efficiency, cut emissions and
strengthen the manufacturing sectors, all of which is all so vital to
our economy. The U.S. automotive industry understands these goals and
is currently working to meet them. I believe Congress should continue
to assist The Big Three in reaching these goals.
{time} 1130
There are many ideas that show promise of accomplishing these
critical goals; but alternative and renewable fuels are an essential
part of the equation and many promising technologies are being
developed. Ethanol and biofuels are encouraging, but the technology and
infrastructure simply are not there to make them viable solutions right
away.
Hybrid-electric technology has already shown its capability to
dramatically increase fuel efficiency and has proven to be acceptable
to the American car consumer. However, gas-electric hybrid vehicles do
not represent the end of this avenue. If we invest valuable research
and development dollars into leap-ahead technology such as advanced
batteries, we can move past the tailpipe entirely with fully electric
automobiles.
The Japanese Government invests heavily in advanced battery research
which benefits Toyota directly. The American auto companies asked
President Bush and Congress for a modest investment of $500 million
over the next 5 years for advanced battery technology research and
development. This research, which would be conducted by USCAR, is
critical to making the plug-in hybrids a reality.
While I understand the limitations that you face with your
allocation, Mr. Chairman, it is my hope we will be able to work
together to increase funding for advanced battery research and the
development that goes with it as this bill works its way to conference.
I yield to the chairman.
Mr. VISCLOSKY. I appreciate the gentleman's comments, and I thank the
gentleman for his concern about this important topic.
I agree with him that advanced battery research and development is
essential in our goals to increase energy efficiency and reduce
emissions. That is why we have included an additional $10 million over
the President's request in this bill for advanced battery R&D.
Mr. KNOLLENBERG. I thank the chairman for his support and am greatly
appreciative of his commitment to such an important endeavor. However,
the U.S. automotive industry believes that a significant increase of
Federal investment in the development of advanced batteries will not
only improve fuel efficiency and reduce the emissions, but it will also
help them compete with foreign automakers whose countries have already
committed to provide significant funding for advanced battery R&D. The
U.S. automakers believe that an additional $100 million this year for
advanced battery R&D would considerably promote current efforts to
develop the technology and become a leader in the production of
advanced lithium ion batteries.
Mr. VISCLOSKY. I thank the gentleman for his passionate support of
the domestic automotive industry and appreciate the industry's effect
on the national economy because I have a strong manufacturing presence
in my district. Technology development is vital to the success of the
manufacturing sector, and Congress should continue its support of R&D.
I also thank the gentleman for his acknowledgment of our budget
constraints. The subcommittee will be happy to work with him and the
rest of our colleagues as we work our way through conference.
Mr. KNOLLENBERG. I thank the gentleman.
Mr. VISCLOSKY. Mr. Chairman, I reserve the balance of my time.
Mr. HOBSON. Mr. Chairman, I yield 3 minutes to the gentlewoman from
Illinois (Mrs. Biggert).
Mrs. BIGGERT. I want to thank the ranking member of the subcommittee
for yielding me the time.
I know that both the chairman and the ranking member share my great
frustration that again this year the Department of Energy failed to
request funding for the university reactor infrastructure and education
assistance program. That is why I was extremely concerned to learn that
this bill included no funding for this program.
At the same time I recognize that the subcommittee has provided $15
million in funding for the Nuclear Regulatory Commission to support
university programs, but that spending will be limited to scholarships
and fellowships and ``human infrastructure'' programs. And I understand
that Assistant Secretary Spurgeon has indicated publicly that DOE plans
to support universities, faculty and students with over $60 million in
funding from its core research programs.
I would ask this of the ranking member: Does the subcommittee expect
the DOE to fulfill this commitment? And, furthermore, is the $15
million in NRC funding in this bill in addition to DOE's commitment?
I yield to Mr. Hobson.
Mr. HOBSON. I thank the gentlewoman from Illinois (Mrs. Biggert) for
her interest in this area. She is correct; the committee fully expects
DOE to fulfill its commitment, recognizing the exact amount will change
because the core research funding in this bill deviates from the
President's request. And this DOE funding is in addition to the $15
million the subcommittee is providing NRC to support university
programs.
Mrs. BIGGERT. To ensure that the DOE fulfills this commitment, would
the ranking member be willing to request that DOE submit a detailed
report on how much the DOE would spend on university nuclear programs
within the funding levels provided in this bill?
Mr. HOBSON. In reply, yes, we will make that request. And should the
subcommittee find the DOE's response unacceptable or not receive a
response by the deadline stipulated, I commit to working in conference
to direct the DOE to support university nuclear programs using core
research program funding.
Mrs. BIGGERT. I thank the gentleman. I am also concerned that the
bill does not provide sufficient funding for research reactor
infrastructure support and upgrades. Would the ranking member be
willing to work with me and other interested Members to ensure that the
needs of our Nation's research reactor infrastructure are met in fiscal
year 2008?
Mr. HOBSON. I would be happy to work with my colleague on this issue.
The subcommittee recognizes support for university-based research
reactors is an important part of the Federal stewardship role for the
U.S. nuclear science and engineering enterprise.
Mrs. BIGGERT. I thank the gentleman.
[[Page 16231]]
Finally on a separate and unrelated issue, I remain concerned that
there is no funding in this bill for the Army Corps' dispersal barrier
on the Chicago Ship and Sanitary Canal, which is designed to keep
aquatic invasive species like the Asian carp from reaching the Great
Lakes and devastating the ecosystem.
I recognize the bill contains no funding for the barriers because the
bill identifies no projects, and because additional authority included
in WRDA is required for the Corps to complete and operate the barriers.
If for some reason WRDA isn't enacted before conference begins on this
bill, will the ranking member agree to help address the outstanding
authorization issues and appropriate the necessary funds for these
barriers in conference?
Mr. HOBSON. I am committed to addressing any outstanding issues
related to the barriers in conference, if necessary.
Mrs. BIGGERT. And then, Mr. Chairman, do you share these concerns
about both the barriers and DOE's university nuclear programs, and will
you support the approach the ranking member and I are proposing to take
to address these concerns?
I yield to Mr. Visclosky.
Mr. VISCLOSKY. I will assure the gentlewoman that I do, and I will.
Mrs. BIGGERT. I thank the chairman and the ranking member for their
efforts in this area.
Mr. VISCLOSKY. How much time remains on both sides?
The CHAIRMAN. Both sides have 6 minutes remaining in debate.
Mr. VISCLOSKY. Mr. Chairman, I recognize the gentlewoman from Texas
(Ms. Jackson-Lee) for a unanimous consent request.
Ms. JACKSON-LEE of Texas. Mr. Chairman, because of the flood mapping
crisis in Houston, Texas, and the need for flood control, let me add my
appreciation and submit my statement for the Record in support of this
legislation.
Thank you, Mr. Chairman. I rise to speak in strong support of H.R.
2641, the ``Energy and Water Appropriations Act of 2007.'' I also rise
to express my sincere appreciation to Mr. Visclosky, the chairman of
the Energy and Water Subcommittee and his ranking member, Mr. Hobson of
Ohio, for working together in a constructive effort to renew America's
dependence on foreign oil and cutting greenhouse gas emissions.
Moreover, this bill merits our support because it increases the
Nation's commitment to long-term basic research by increasing the
Federal investment that is so critical to developing the next
generation of scientific breakthroughs. Federal funding for research
and development has declined steadily over the last decade, and sound
science has been compromised by political interference. This
legislation takes a giant step toward reversing this disturbing trend.
Mr. Chairman, in the 1970s, our Nation faced an energy crisis unlike
any we had ever experienced before. The OPEC oil embargo of 1973 led to
skyrocketing prices, long gas lines, gas sales only every other day,
and shortages where gas was simply unavailable. We experienced another
oil shock in the late 1970s and under the leadership of President Jimmy
Carter, America responded with unprecedented initiatives for energy
research. But over the years, gas prices came down, incentive was lost,
and these efforts fell by the wayside.
Today, we again face an energy crisis, only this time it is coupled
with the enormous challenge of addressing the reality of global climate
change. H.R. 2641 attempts to face these twin crises with over three
billion dollars to address global climate change--researching its
effects and working on technologies to slow it down--and investment in
renewable energy programs that both reduce greenhouse gases and help
our nation meet its energy needs.
The bill cuts funding for poorly thought-out plans for nuclear
weapons recognizing that because of the enormous cost and the
importance to our national security they require smart strategies not
blank checks. Instead it works to keep Americans safe with a 75 percent
increase in funding for nuclear nonproliferation efforts. It also funds
the Army Corps of Engineers, strengthening our Nation's navigation
infrastructure and improving flood control programs.
Before I highlight some of the more attractive provisions of this
legislation, which by the way contains no earmarks, let me explain
briefly why this energy and water legislation is so near and dear to
the people I represent in the Eighteenth Congressional District of
Texas.
In the past 2 years, Houston, the center of my district, has
experienced some of the most devastating acts of nature in its history.
Six years ago this month, in June 2001, Tropical Storm Allison hit
southeast Texas. Until Hurricane Katrina, this storm would become the
costliest tropical storm in United States history. Flash flooding
initiated quite rapidly during Houston's rush hour late Friday
afternoon and on into the evening hours. Widespread street flooding was
the initial threat, but the high rainfall amounts forced almost all the
major Houston area bayou systems into severe flooding, with some to
record levels. All major freeways in the Houston area were severely
flooded in at least one location during this event. During this single
event alone, rainfall in Harris County ranged from just 2 inches in the
extreme west to in excess of 20 inches over Green's Bayou in the east.
Countywide, the average rainfall was 8 inches with over two-thirds of
the county receiving over 10 inches.
The total damage across southeast Texas approached $5 billion, $4.88
billion in Harris County alone. Twenty-two deaths were caused by
Allison, with each of these fatalities occurring in Harris County. At
this time, thunderstorms began to train and merge across the Houston
metro area, and the system evolved into a powerful complex right over
the most populated portion of our CWA that evening. This complex
progressed south and east into the early morning hours of Saturday,
June 9. Very heavy rainfall was observed for up to 10 hours in some
locations, and rainfall rates of 4 inches or more per hour were
observed throughout the night. A station in northeast Houston recorded
over 26 inches of rain in almost 10 hours.
In response, the Tropical Storm Allison Recovery Project was
launched. TSARP is a joint study effort by the Federal Emergency
Management Agency, FEMA, and the Harris County Flood Control District,
the District. The purpose of the TSARP project is to develop technical
products that will assist the local community in recovery from the
devastating flooding, and provide the community with a greater
understanding of flooding and flood risks. The end product of the study
is new flood insurance rate maps.
TSARP mission statement is: to assist residents of Harris County in
recovery from Tropical Storm Allison and minimize damages from future
floods by investigating the flood event and by developing current,
accurate, and timely flood hazard information.
TSARP uses state-of-the-art technology. TSARP has yielded many
products that will help us better understand our flood risk. These
products will assist citizens in making important decisions, and will
assist public agencies in infrastructure planning. The hoped for end
result of TSARP is a more informed and disaster resistant community and
one that is better prepared.
Purchasing flood insurance before June 18 allowed people to
``grandfather'' their existing floodplain status and pay lower premiums
for flood insurance. Once the maps became official on June 18 residents
and business owners whose properties are categorized in higher-risk
flood zones on the new maps may pay higher rates.
According to FEMA, a ``Regulatory Floodway'' means the channel of a
river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than a designated height.
Communities must regulate development in these floodways to ensure that
there are no increases in upstream flood elevations. For streams and
other watercourses where FEMA has provided Base Flood Elevations, BFEs,
but no floodway has been designated, the community must review
floodplain development on a case-by-case basis to ensure that increases
in water surface elevations do not occur, or identify the need to adopt
a floodway if adequate information is available.
FEMA regulations say ``Communities must regulate development in these
floodways to ensure that there are no increases in upstream flood
elevations.'' The city of Houston interprets that as no development
within the floodway. This is not necessarily correct. Construction can
take place but it cannot obstruct the water. Elevating the structure
gets the same effect but the city denies this as they said debris may
collect under the structure. They will only allow a remodeling permit
if the improvements do not exceed 50 percent of the structures value.
There is one neighborhood along White Oak Bayou that is greatly
affected. The homes are of higher value than most of the district.
Alternatives to resolve their issue include widening the bayou or
diverting floodwater.
[[Page 16232]]
The Harris County Flood District is now investigating these
alternatives. Otherwise the only solution would be a change in the
city's ordinance allowing construction in the floodway.
I am looking forward to working with colleagues on the Energy and
Water Appropriations Subcommittee to explore ways and means of
resolving this problem so that Houstonians will not be forced out of
their homes and unable to afford flood insurance.
Mr. Chairman, let me provide this partial listing of some of the many
good provisions in this legislation. First, H.R. 2641 will improve U.S.
waterways and flood protection by increasing funding for the Army Corps
of Engineers by $713.4 million above the President's request to address
a $1 billion backlog of operations and needed maintenance. This backlog
needs to be addressed to sustain the coastal and inland navigation
infrastructure critical to the U.S. economy, and the gaps in flood
protection highlighted in Hurricane Katrina.
Second, the legislation will help reduce dependence on foreign oil
and cut greenhouse gas emissions. Renewable energy and energy
efficiency programs are funded at $1.9 billion--a 50 percent increase
in energy efficiency and renewable energy above the President's request
for energy efficiency and renewable energy programs. This is in
addition to the additional $300 million added in the FY 2007 joint
resolution. In contrast, the President's FY 2008 request for renewable
energy and energy efficiency research is the same as it was in 2001 in
real terms.
Funding for research and development of alternative fuels such as
corn based and cellulosic ethanol and biodiesel is increased by 40
percent above the President's request. Solar Energy demonstration
projects receive a 34 percent increase above the President's request.
There is also $22 million to research new ways of generating power from
water flow, and $44.3 million for geothermal energy, neither of which
were funded in the President's request. This is on top of the $95
million for upgrades to existing hydropower dams funded under the Army
Corps.
I could go on and on. This thoughtful legislation provides funding to
invest in new vehicle technology; energy efficient buildings;
weatherization; carbon capture and sequestration; and climate change
science. And it cuts wasteful spending as well.
For example, H.R. 2641 directs the Energy Department to develop a
concrete plan to improve its contract management. The Energy Department
has been on the GAO list of programs that are at high-risk for waste,
fraud, abuse and mismanagement for 17 years in a row.
The bill also cuts Global Nuclear Energy Partnership, GNEP, funding
by $285 million below the President's request and $47.5 million below
2007 for this initiative to reprocess spent nuclear fuel and burn long-
lived radioactive materials. There are concerns that this project is
unsafe, will cost tens of billions of dollars, and could make it far
easier for terrorists to obtain plutonium to make nuclear weapons.
The bill also secures substantial savings by cutting wasteful and
unnecessary nuclear weapons programs by $5.9 billion, $632 million
below the President's request and $396 million below 2007. It cuts 37
specific weapons program accounts, including the Reliable Replacement
Warhead program. The existing stockpile will continue to provide the
Nation's nuclear deterrent for the next two decades, and certainly
until the President develops a strategic nuclear weapons plan to
transform the nuclear weapons complex away from its expensive cold war
configuration to a more affordable, sustainable structure.
Mr. Chairman, I strongly support H.R. 2641 and urge my colleagues to
join me. I thank Chairman Visclosky for his fine work in bringing this
exceptional legislation to the House floor where it should receive an
overwhelmingly favorable vote.
Mr. VISCLOSKY. Mr. Chairman, I yield to the gentleman from
Massachusetts (Mr. Olver), a member of the subcommittee, for 3 minutes.
Mr. OLVER. Mr. Chairman, I thank the gentleman for yielding me the
time.
First of all, I want to commend the chairman and the ranking member
and all of the staff on both sides of the aisle for this excellent
bill. I hope that all of the Members on both sides will find it is
something that they can support. Particularly I want to commend the
chairman, this chairman and his ranking member, for the very amicable
and nonpartisan way that they have conducted the work of the
subcommittee. I think that is a wonderful picture for all of us as
chairs and ranking members for the way that they have done this.
A great deal has been said about energy independence for this
country, and I would say, I would assert that it is truly a matter of
national security that we maximize the efficiency and conservation of
energy in this country. We use 100 quads of energy; 100 quads is 100
quadrillion Btus of energy in this country for 5 percent of the world's
population. The world as a whole uses about 400 quads of energy. So we,
for 5 percent of the population, are using 25 percent of the whole
world's energy usage.
Early in our hearings process this year we had a series of theme
hearings, and we had many expert witnesses. The most dramatic testimony
that I heard there that is easily conveyable is that we could save of
our energy usage some 50 percent; all across all of our uses of energy,
50 percent of what we presently use. That same testimony indicated that
since 1973 when the first oil crisis hit, we had saved already some 47
quads of energy in that roughly 40 years since the first energy crisis,
a little less than 40 years. So we could save a huge amount more.
I just want to make three points about this very good bill. The bill
recognizes that energy efficiency is one of the Nation's largest
underutilized energy sources. It provides $146 million more for
building technologies which is an increase of $60 million above the
President's request; this, in an area where 40 percent of all of the
energy we use is related to our buildings, our industrial, our
commercial and our residential buildings. So there alone we can save a
huge amount of energy, and the bill recognizes that and puts money
where it will do the most good to try to improve our energy efficiency
in our buildings.
But it also provides $23 million to address the backlog of equipment
standards and analysis, $10 million above the President's request,
which goes to accelerate the approval and the updating of appliance and
equipment efficiency standards which we know that the Department of
Energy is very much behind on. They are behind on at least 20 different
standards related to appliance and equipment that we could be saving a
lot more energy if those standards were brought up to date. And the
Lawrence Berkeley National Laboratories estimates that the
administration's negligence will cost an estimated $28 billion in
foregone savings.
Mr. HOBSON. Mr. Chairman, I yield 3 minutes to the gentlewoman from
New Mexico (Mrs. Wilson).
Mrs. WILSON of New Mexico. Mr. Chairman, I want to bring to the
attention of the House something that is being done in this bill that I
think has received insufficient discussion and debate.
This Energy and Water appropriations bill includes in it the most
radical shift in U.S. policy on nuclear weapons that I have seen at
least since the mid-1990s, that will lead us either to be forced to
return to nuclear testing or to abandon nuclear deterrence because we
stop maintaining the stockpile.
Without any debate, we have made this drastic change in this bill
that is devastating to American nuclear weapons capabilities and will
significantly change our policy on nuclear weapons without any
discussion at all of any substance.
In 1992, the United States stopped nuclear testing. In 1996 we joined
the moratorium on nuclear testing and said we will continue to maintain
the stockpile through something called science-based stockpile
stewardship. It is kind of like if you had a car that was a 1980s car
and you said okay, we are never going to turn the key, but every year
through science and engineering we are going to be able to tell the
President, if we turned the key we believe it would be safe, secure and
reliable.
The car would go on. It won't be turned on unless we turn the key;
and, Mr. President, we are confident of that.
{time} 1145
This bill devastates that capability with respect to our nuclear
weapons. It has a 20-percent reduction in 1 year in
[[Page 16233]]
the engineering laboratory that is solely responsible for over 6,000
parts in our nuclear weapons. It has a 40-percent reduction at Los
Alamos National Lab's nuclear weapons program. And 80 percent of the
existing stockpile is designed by Los Alamos. They are responsible for
being able to tell us if these weapons are safe, secure and reliable.
What does this mean? It means we will not be able to achieve the
stockpile reductions we're trying to achieve because the labs will not
have the sense of reliability of the stockpile. Your percentage of
reliability determines how low you can bring the stockpile.
Second, we are increasing the likelihood of the need to go back to
underground testing, because at some point in the future, the lab
directors will not be able to certify the reliability of the stockpile.
There will be a problem, as there is every year; and they won't have
the tools to be able to assess that problem without nuclear testing.
And, third, you are undermining allied confidence in the American
nuclear umbrella. Mr. Obey, my colleague, said they're devastating this
program because there's been no strategy for post-Cold War nuclear
weapons. That is a complete fallacy. It is rubbish. We signed the
Moscow treaty to reduce the size of our deployed stockpile. We have
gone to a policy of no underground testing. We have gone to a policy of
science-based stockpile stewardship and the majority in this House is
moving toward a nuclear freeze and unilateral disarmament without any
debate whatsoever.
I would urge my colleagues to oppose this bill.
Mr. VISCLOSKY. Mr. Chairman, I would recognize the gentleman from
Massachusetts (Mr. Markey) for 1\1/2\ minutes.
Mr. MARKEY. Mr. Chairman, I rise to commend Chairman Visclosky and
Ranking Member Hobson for their clear vision and their courage in
producing this bill. This bill represents an historic shift in policy,
and that is why this bill deserves such strong support.
This bill almost doubles the funding for real nuclear
nonproliferation programs, both in the former Soviet Union and around
the world, adding close to $1 billion for the most effective programs.
The bill provides dramatic increases over the President's request for
the program, and I commend Mr. Visclosky and Mr. Hobson for their
crucial, long overdue investment in the security of the United States.
We are here only because of their leadership.
Secondly, while the President wants to build thousands of new
warheads at a price tag of up to $100 billion, this bill puts a brake
on the Reliable Replacement Warhead program and it demands an
explanation of why the United States needs to build thousands of new
nuclear weapons even as we are, with agreements with the Russians,
trying to reduce the number of nuclear weapons in this world.
I commend the chairman and the ranking member of the subcommittee for
dramatically realigning our nuclear priorities in such a positive
manner. I urge adoption of this historic measure.
Mr. HOBSON. Mr. Chairman, I yield 1 minute to the gentleman from
Virginia (Mr. Wolf).
Mr. WOLF. I thank the gentleman.
There will be a vote on the Hinchey amendment later on today. It
doesn't repeal section 1221, but it slows it down. There was never a
hearing on this. There was never a vote on this in the Congress. This
whole power line issue in corridors, which in this area will go through
Antietam, will include Gettysburg and First Manassas, will be coming to
your area.
So when given the opportunity if you look at all the groups that
support the Hinchey amendment, we strongly urge you to support the
Hinchey amendment. On the current language, no environmental impact
statement, no consideration of energy efficiency, no consideration of
historic lands.
The Hinchey amendment is good for the country.
Mr. HOBSON. Mr. Chairman, might I ask the time left on each side.
The CHAIRMAN. The gentleman from Ohio has 2 minutes remaining. The
gentleman from Indiana has 1\1/2\ minutes remaining.
Mr. VISCLOSKY. I assume the majority has the right to close general
debate?
The CHAIRMAN. The gentleman is correct.
Mr. VISCLOSKY. Mr. Chairman, I reserve the balance of my time.
Mr. HOBSON. I have 2 minutes left. I yield it to a member of the
subcommittee, the gentleman from Idaho (Mr. Simpson).
Mr. SIMPSON. I thank the gentleman for yielding.
Once again this year, the bill before us is the result of a
bipartisan atmosphere in the Energy and Water Subcommittee that has
been fostered by Chairman Visclosky and Ranking Member Hobson. I want
to thank both of them for the manner in which they approached the many
issues before this committee and for producing a bill that will pass
today, I believe, with little opposition.
First, the Energy and Water bill enjoyed unanimous support in the
subcommittee and near unanimous support in the full committee for the
balanced and thoughtful way in which it addresses the complex energy
and water challenges facing this Nation.
Second, the bill makes tremendous investments in our Nation's
critical science and energy-related programs. Third, the bill promotes
two areas that I believe are critical to address the energy supply
challenges we face, nuclear and alternative fuels, by employing the
vast knowledge and expertise of our national labs that includes the
Idaho National Laboratory which is in my district.
Finally, the bill continues its pressure on DOE to improve project
management, contain costs and stick to schedules which are among DOE's
most chronic and persistent problems.
In closing, I want to again recognize the bipartisan manner in which
this bill was written and acknowledge the tremendous work of all the
professional staff on this subcommittee.
I urge my colleagues to support this bill, and I thank the chairman
and the ranking member for their work on this bill.
The CHAIRMAN. The gentleman from Ohio has 45 seconds remaining. The
gentleman from Indiana has 1\1/2\ minutes remaining.
Mr. VISCLOSKY. Mr. Chairman, I only have one more speaker and I would
close with that speaker, Mr. Spratt from South Carolina, if there are
no further speakers on Mr. Hobson's side.
The CHAIRMAN. Does the gentleman from Ohio have additional speakers?
Mr. HOBSON. No, but I will yield my extra 45 seconds to the gentleman
from South Carolina.
The CHAIRMAN. The gentleman from South Carolina is recognized for the
balance of the time.
Mr. SPRATT. Let me thank both the chairman and the ranking member for
this gracious yielding of time but, in addition, for the excellent work
they have done on this bill. As they know, there is a bone of
contention in the bill where we have had a disagreement. It is called
MOX fuel. I think it's a good idea. For some time we've had an
understanding with the Russians that they and we would build MOX fuel
disposition plants so that we could take weapons grade plutonium and
convert it into reactor fuel, burn it and dispose of it so it would no
longer be usable for weapons. This bill took the President's request of
$333 million and basically cut it in half to 167. But when I sat down
with the chairman, he pointed out to me that there were prior-year
balances that would augment that amount of money and, all in all, there
was a total of $698 million available which would be enough to move the
project forward in the next fiscal year. Unfortunately, when we
explored those unspent balances, we found that the numbers were a bit
out of date, according to the Department of Energy, and that the
available funds would add up to only about $326 million, which is about
half of what is needed for the project next year.
So I rise simply to say that in conference or somewhere along the way
before this finally becomes law, we would like to reengage about the
[[Page 16234]]
amount of money that is available for the MOX plant. I'm not offering
an amendment today. I know it would be defeated. It would also be
ingratitude for the work that the chairman and the ranking member have
already committed to work with us on this project.
But I do say, number one, I appreciate your efforts and, number two,
we'll visit this number in conference with the conferees if at all
possible.
There are some other issues here, the H Canyon, there's $85 million
taken out of it. It's the only plutonium processing line of its kind we
have operative in the country today. That money may render it difficult
to operate it through the rest of the year. And there is also a
question of where the pit disassembly process will be located. I
understand that has been resolved and will be resolved with an
amendment offered by the gentlewoman from California (Mrs. Tauscher).
Let me thank the chairman and the ranking member for their assistance
in this matter and say that we still have some work to do on the
adequate amount of money for the MOX fuel plant before the bill is
ready.
Mr. HALL. Mr. Chairman, later today we begin work on important
legislation to finally help America end its dependence on foreign oil
and pursue newer, cleaner forms of energy.
I'm excited that the Energy and Water Appropriations bill that we
will pass this week will take the long-overdue step of setting a new
course for our energy future by making significant investments in
renewab1es and efficiency.
For too many years, working families have felt the sting of high
prices at the gas pump and rising home energy costs. Our economy has
been made vulnerable to the whims of OPEC, and our reliance on fossil
fuels has polluted our air and exacerbated climate change.
All the while state and local governments have been forced to try to
fill the leadership vacuum left by the previous Congress and this
President.
No more. The new Congress is prepared to meet our nation's energy
challenges head on. To do so, this bill provides almost $2 billion for
renewables and efficiency, significantly more than the President
requested.
This funding includes $200 million to get more solar projects on the
market, $250 million to help develop domestically produced biofuels and
over $235 million for new vehicle technologies to alleviate our demand
for foreign oil, about $390 million for efficiency and weatherization
grants to cut energy use in buildings, and over $110 million to expand
and develop hydropower across the United States.
This funding is an investment in America's future prosperity. By
supporting these technologies, we will be able to produce energy
sources here at home that do not rely on fossil fuels and do not emit
greenhouse gases, particulate matter, and other pollutants that
threaten our environment and health.
However, if there is one area where I feel the bill strays off course
it is in its continued financial support for nuclear power. I am deeply
concerned that the bill continues to provide unwarranted taxpayer
subsidies for nuclear power that hide the true consumer costs of this
power source and obscure the safety and environmental threats posed by
nuclear energy. I am specifically troubled by the provision of $120
million for the Global Nuclear Energy Partnership and almost $200
million for new reactor construction and technology development through
the Nuclear Power 2010 and Generation IV programs. I believe that we
need to curtail these subsidies to make the nuclear industry stand on
its own and to make its true costs transparent to the public.
Although I have reservations about the spending on nuclear power in
the bill, I am pleased that it does not include funding for the
Reliable Replacement Warhead, and requires the President to come
forward with a plan to adapt to the realities of a post-Cold War world
by transforming and reducing our nuclear arsenal.
Overall, the Energy appropriations bill contains significant
investments for solar, wind, hydropower, biofuels, efficiency, and
other technologies that will help America's families gain cleaner, more
secure, more affordable energy. This bill is a significant
accomplishment and I urge my colleagues to support it.
Mr. LANGEVIN. Mr. Chairman, I rise in support of H.R. 2641, the
Energy and Water Appropriations Act for fiscal year 2008. I commend
Chairman Visclosky for his efforts on this measure and for investing in
the needs of our Nation's future.
As a former member of the House Armed Services Committee and as chair
of the Homeland Security Subcommittee on Emerging Threats,
Cybersecurity and Science and Technology, I am particularly pleased
that this bill recognizes the importance of nuclear non-proliferation
efforts. I have become convinced that the nuclear terrorist threat is
real, requiring the full and urgent attention of our government. We
have learned about the relative ease with which a terrorist can build a
crude nuclear device, and we need to do all we can to prevent the
nightmare scenario in which someone smuggles a device onto U.S. soil
and detonates it in a city.
We must pursue a three-pronged approach of prevention, detection, and
response. I have supported efforts to increase our radiation detection
capabilities at our ports of entry, as well as to improve our
government response efforts if our nation is ever attacked with a
nuclear or radiological device.
This bill addresses the third component of that strategy--securing
nuclear material at its source. This measure increases funds for the
National Nuclear Security Administration to secure nuclear weapons and
materials in the former Soviet Republic. The NNSA's efforts are vital
to improving the security of nuclear materials at civilian, naval, and
nuclear weapons complex facilities, and helping Russia dispose of
plutonium removed from nuclear weapons.
However, the challenge of fissile material security goes far beyond
Russia and the former Soviet Union and will require our government to
expand its non-proliferation programs outside of the former Soviet
Union. The revelations of A.Q. Khan's black market proliferation
network, for example, provided a striking wake-up call that we must
focus on other nuclear states if we are going to be successful in
deterring nuclear terrorism. Consequently, the bill more than doubles
funding--providing $251 million--for the Global Threat Reduction
Initiative, which aims to identify, secure, remove, and facilitate the
disposition of high-risk, vulnerable nuclear and radiological materials
and equipment around the world.
Again, I thank Chairman Visclosky for his leadership on nuclear non-
proliferation programs and for his fine work in crafting this bill.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he or
she has printed in the designated place in the Congressional Record.
Those amendments will be considered read.
The Clerk will read.
The Clerk read as follows:
H.R. 2641
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for energy and water
development and related agencies for the fiscal year ending
September 30, 2008, and for other purposes, namely:
Mr. ISRAEL. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I want to thank Chairman Visclosky and Ranking Member
Hobson for a very strong bill that reflects wonderful bipartisan
consensus. I especially want to thank them as a new member of this
subcommittee for allowing all of the members to have more input into
this bill than I thought was possible.
Mr. Chairman, I am a new member of this subcommittee, and I joined
this subcommittee to fight for sensible and critical investments in
renewable energy and energy efficiency. Before joining this
subcommittee, I served for 4 years on the House Armed Services
Committee and came to the conclusion that every military challenge that
we confront as a Nation is exacerbated by one fact and, that is, that
we have to rely on our adversaries to sell us the fuel to power our
military to protect us from our adversaries.
Now, this has been a 30-year problem. Thirty years ago, President
Carter addressed the Nation, declared the moral equivalent of war on
foreign oil, and the only thing we've been able to do in the past 30
years since then is to double the amount of our oil imports from the
Middle East and cut renewable energy investments by 80 percent. We've
had 30 years of missteps, backsteps, and half steps.
This bill is the most important step forward in correcting that
course that we have seen in 30 years. It puts us
[[Page 16235]]
back on course. It increases investments in energy efficiency and
renewable energy by $638 million over the administration request. It
inserts language that I requested to create a new Federal advisory
council on investment and finance so that we can unleash the
entrepreneurial spirit of the investment community in helping us to
solve this problem. It invests an additional $70 million in biomass and
biorefinery. It invests an additional $51.6 million in solar. Mr.
Chairman, we are now behind Germany and Japan in solar. This will help
us leap ahead. It invests an additional $17 million in wind. Mr.
Chairman, of the top 10 wind manufacturers in the world, only one is
American. This will push us ahead.
It invests an additional $59.7 million in vehicle technologies. Mr.
Chairman, we are now falling behind Japan in the development and
manufacturing of an advanced battery capable of deploying plug-in
hybrids. This will give us an important boost. It provides $60 million
in new investments in green buildings. We are now falling behind China
in the development of green-building technologies. This will put us
ahead. It invests an additional $101 million in weatherization, a
critically important program for energy efficiency.
This solves a fundamental military problem that we have confronted
and that problem is this: we are now borrowing money from China to fund
our military, to buy oil from the Persian Gulf, to fuel our Air Force
to protect us from China and the Persian Gulf. This is not just an
environmental or an energy problem. This is a fundamental national
security problem. This bill puts us where we need to be, not only
protecting ourselves from our adversaries, not only strengthening our
military capabilities which need strengthening but creating the next
generation of green jobs, creating a new generation of manufacturing
jobs that will put us ahead of our economic competitors in these new
and critically growing technologies.
So I want to again thank Mr. Visclosky and Mr. Hobson for their
bipartisan leadership, thank them for involving all of their members in
this debate, and urge my colleagues to support this bill which is one
of the most important investments that we can make and will change that
30-year record of half steps, missteps and backsteps into a giant leap
forward for humankind.
{time} 1200
Mr. SHIMKUS. Mr. Chairman, I move to strike the last word.
I ask Chairman Visclosky to enter into a colloquy with myself and
Congressman Costello.
As Chairman Visclosky is aware, our home State of Illinois has two
sites currently being reviewed by the Department of Energy and the
FutureGen Alliance as potential locations for the final selection of
the FutureGen project.
FutureGen is President Bush's initiative to design, build and operate
the first near-zero emissions coal-fueled power plant. It is recognized
worldwide as one of the most significant projects in the world to
address climate change concerns.
We appreciate Chairman Visclosky's support of the FutureGen project
by fully funding it in this year's Energy and Water appropriations
bill. However, Congressman Costello and I have two points of
clarification with the report language as currently written, and we
appreciate your willingness to address these two points.
I yield to my colleague and friend, Congressman Costello.
Mr. COSTELLO. Mr. Chairman, I thank my friend from Illinois (Mr.
Shimkus) for yielding, and I also thank Chairman Visclosky for his
support of the FutureGen project.
FutureGen is on a fast track to break ground by 2009 and be on line
by 2012. I would ask the chairman of the committee if he can assure us
that it is the intent of the committee not to delay the FutureGen
project.
Mr. VISCLOSKY. Mr. Chairman, will the gentleman yield?
Mr. SHIMKUS. I yield to the gentleman from Indiana.
Mr. VISCLOSKY. Mr. Chairman, to both Mr. Shimkus, as well as my
friend Mr. Costello, I can assure the gentlemen from Illinois that it
is the intention of the committee not to delay FutureGen.
And I would add parenthetically that the changes made by the
committee are to ensure that this project does proceed.
Mr. COSTELLO. I thank the chairman for his response, and I seek
clarification from the chairman as to the committee's intentions with
regard to the nature of FutureGen as a research and demonstration
project. FutureGen is focused as an integrated gasification combined-
cycle plant with carbon capture and sequestration. Is it the intention
of the committee to alter the nature of the project?
Mr. VISCLOSKY. It is the committee's intention not to change or alter
the focus of the project as described by the gentleman. The committee
is concerned with the ability of the Department of Energy to complete
construction projects of all kinds on time and within budget, and
that's why the actions were taken.
Mr. COSTELLO. I thank Chairman Visclosky for this colloquy, for his
response, and for his support for FutureGen.
Mr. SHIMKUS. Mr. Chairman, I thank my friend. We look forward to
working with Chairman Visclosky as the appropriations process moves
forward to ensure we continue to use coal, which provides half of our
Nation's electricity, in an efficient and environmentally friendly way.
Mr. VISCLOSKY. For both yourself and Mr. Costello, as I tell people,
I grew up in Gary, Indiana, with about four integrated steel
facilities. I'm a carbon guy. We have a significant issue as far as the
use of carbon in this country, and one of the ways to solve it is to
proceed with FutureGen. So I do look forward to working with both of
you as we proceed.
Mr. SHIMKUS. I thank the chairman. He's been very gracious in walking
us through this process.
Mr. INSLEE. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I'd like to engage in a colloquy with Chairman
Visclosky and my colleague Rush Holt. I'd like to thank the chairman
for including $22 million in funding for hydropower energy at the
Department of Energy.
As the chairman well knows, U.S. wave and current energy resource
potential that could be credibly harnessed is about 400 TerraWatt hours
per year. That's about 10 percent of our total national energy demand.
Just like the wind, coal, gas, oil, geothermal, conventional
hydropower, and nuclear power industries have been nurtured through
Federal research and development and other industry incentives, this
new renewable energy source needs support from our government to get
started.
The U.S. stands poised to take advantage of many of the technological
opportunities available to ocean, wave and tidal power. While the
Europeans profited in the early years of wind energy development, we're
poised to lead the world in marine renewable energy technology
development.
Early successes will lead to continued investment. Success begets
success. The investor community is carefully watching and waiting to
see what the government is going to do to help this industry, just like
the research and development funding and tax subsidies we provided to
all of the other renewable energy industries.
With that, I'd like to yield to my colleague Mr. Holt, who's been a
leader on energy issues.
Mr. HOLT. Mr. Chairman, I thank my friend Mr. Inslee from the State
of Washington, and I would add that we believe that the Department of
Energy should consider both conventional hydropower energy provided
through dams, as well as hydropower through the movement of waves,
tides, and currents in the oceans and free flowing rivers, lakes and
streams. Each of these forms of hydropower holds the potential to
improve greatly the way we generate energy.
We're pleased that the Appropriations Committee has recommended that
the Department of Energy use some of this funding for nonimpounded
[[Page 16236]]
marine renewable technologies, and we think it's important for the
subcommittee to continue to provide oversight of the Department of
Energy in support of this form of sustainable energy research.
Will the chairman and the committee continue to investigate the
potential of this energy source by working with and providing oversight
of the Department of Energy and look for increased opportunities for
funding in the future?
I yield back to my colleague from Washington to obtain a response
from the chairman.
Mr. INSLEE. Mr. Chairman, I yield to the chairman.
Mr. VISCLOSKY. I can assure the gentlemen from both Washington and
New Jersey that the committee is aware of this sustainable energy
source and will continue to work with and provide oversight of the
Department of Energy to ensure that renewable marine and hydroenergy
development, both from the oceans, waves, tides and streams, as well as
for energy from hydroelectric dams is a priority of the agency. It is
the committees's intention to fund these new technologies for $6
million for research, development, and demonstration for new waterpower
technologies.
Part of our approach to the energy crisis is the support of a broad
range of energy and conservation technologies so that we have the best
chance of meeting the challenge before us. A diverse energy supply for
portfolio is key to providing reliable electricity for all of America's
homes and businesses.
And I deeply appreciate the gentleman raising this important issue.
Mr. INSLEE. Mr. Chairman, thank you. We look forward to working with
you. We think the tide is coming in on marine renewables. Thank you
very much.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
TITLE I--CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of
the Chief of Engineers for authorized civil functions of the
Department of the Army pertaining to rivers and harbors,
flood and storm damage reduction, aquatic ecosystem
restoration, and related purposes.
Investigations
(including rescission of funds)
For expenses necessary for the collection and study of
basic information pertaining to river and harbor, flood and
storm damage reduction, aquatic ecosystem restoration, and
related projects; restudy of authorized projects,
miscellaneous investigations; and, when authorized by law,
surveys and detailed studies, and plans and specifications,
of proposed projects, $120,100,000, to remain available until
expended: Provided, That of the funds provided under this
heading of Public Law 106-554, $100,000 are rescinded.
Amendment Offered by Mr. Westmoreland
Mr. WESTMORELAND. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Westmoreland:
Page 2, line 18, after the dollar amount, insert ``(reduced
by $30,000,000)''.
Mr. WESTMORELAND. Mr. Chairman, I almost feel like rather than
offering an amendment that I need to ask everybody to stand up and
we'll hold hands and sing Kumbaya, but I guess it's easy and people are
in a good mood and very agreeable when you're talking about spending
other people's money.
And in this case, we're talking about spending taxpayers' hard-earned
dollars where we have very little control over how hard it is for them
to make their money, but we spend it pretty easily.
This amendment takes $30 million out of the Corps of Engineers'
investigation budget. It brings it down to the spending level that the
President has requested in his budget request.
The Energy and Water appropriations bill is $1.1 billion over the
President's request, and this amendment would reduce the funding for
the investigation account under the Corps of Engineers by the $30
million, bringing it back down to the President's original request.
The investigations and construction funding is used to collect and
study the basic information pertaining to local water projects such as
flood and storm damage reduction. The funding is also used to restudy
projects already authorized by Congress which can lead to additional
Federal spending on local projects that have already received Federal
funds.
Let me say that on some of these projects that we've heard about
today from the delays, and Ranking Member Hobson mentioned the MOX
project which has been delayed for a number of years, probably that's
not only due to funding but in these additional restudies that the
Corps of Engineers has had to do on the project. The Corps of Engineers
has greatly expanded over the last decade.
In addition, according to the administration, the Corps already has a
large backlog of ongoing construction work, and the President's budget
limits funding for the study and design of additional projects. So, in
other words, by limiting new Corps investigations, this amendment would
ensure that the current Corps projects move forward at a pace to bring
them to completion without further delays.
So far there has been at least a $105.5 billion in new Federal
spending over the next 5 years that has been authorized by this new
leadership, the democratically controlled Congress this year, in
enacting the largest tax increase in American history, the Democrat
budget allows for $23 billion in spending over the President's budget's
request.
This amendment is designed to save the taxpayers $30 million, only a
small amount, just a small dent, in the unnecessary increase in Federal
spending this year, and this again is fueled by the largest tax
increase in the history of this country.
So, Mr. Chairman, I ask that all Members support this amendment. It
is a small dent in the large increase in Federal spending.
The CHAIRMAN. Does any Member seek time in opposition to the
amendment of the gentleman from Georgia?
Mr. VISCLOSKY. I would rise in opposition, Mr. Chairman.
The CHAIRMAN. Does the gentleman move to strike the last word?
Mr. VISCLOSKY. Then I would move to strike the last word.
The CHAIRMAN. The gentleman is recognized for 5 minutes.
Parliamentary Inquiry
Mr. VISCLOSKY. Mr. Chairman, can I ask a parliamentary inquiry,
please.
The CHAIRMAN. The gentleman would state his inquiry.
Mr. VISCLOSKY. It would be my understanding that on this particular
amendment, because I have moved to strike the last word per the Chair's
suggestion, that I can only speak once on the amendment?
The CHAIRMAN. The gentleman's correct.
Mr. VISCLOSKY. As opposed to rising in opposition to the amendment.
The CHAIRMAN. Either way, the gentleman may speak but once on this
amendment. The gentleman is recognized for 5 minutes.
Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the amendment
offered by Mr. Westmoreland.
First of all, he did indicate that he was concerned about
reinvestigations. I would simply indicate to my colleagues that the
world changes every day, and there are times when we need to reassess
the circumstances so that we can spend the taxpayers' dollars as wisely
as possible.
The fact is that the Nation's investment in our water resources
infrastructure has declined over the last three decades, from $6
billion per year to less than $4 billion in constant dollars.
If the tragedy in New Orleans has taught us anything, I hope it is
that we have neglected our infrastructure. If the suffering of the
residents in the gulf doesn't illustrate the point, simple fiscal
prudence should. The cost of recovery in New Orleans will far exceed
what it would have cost to provide additional flood and storm
protection.
There are large cities that face high and increasing risk of
catastrophic flooding. Sacramento is just one example.
We have high-hazard dams with safety issues. There are countless
communities that do not have flood protection commensurate with the
risk to those communities.
[[Page 16237]]
Much of our infrastructure is reaching its design life. Over 50
percent of the locks and dams owned by the Corps of Engineers are in
this category. Aging infrastructure brings increasing costs, yet the
funding for accounts at the Army Corps for this particular function
have been flat over the last 30 years.
Circumstances have changed from the time much of our infrastructure
has been designed, development patterns have changed, transportation
networks and requirements have evolved. Yet we are not investing enough
today to maintain what we already own or complete projects that are in
progress today, much less plan for the future needs for the safety of
our citizens and economic viability of our transportation system.
Due to insufficient funding, schedules are slipping and costs are
growing, as we piecemeal these projects, if we do not act in a timely
fashion.
There is a significant and growing backlog of civil works projects.
Current estimates are as high as $60 billion. Funding for studies and
investigations must be adequately funded so that we can proceed with
these very important projects. And given the backlog in construction
projects, the funding for investigations account is less than the
current year.
The bill focuses funding on completing ongoing projects and
maintaining existing infrastructure. However, it is very important,
obviously, to plan for the future.
I would ask that my colleagues oppose the amendment.
{time} 1215
Mr. HENSARLING. Mr. Chairman, I move to strike the last word, and I
yield to the gentleman from Georgia.
Mr. WESTMORELAND. I thank the gentleman from Texas for yielding.
Mr. Chairman, I would just like to comment on the chairman's comment
about rules change every day. They do change every day, but when
someone has based a project on the prior rules and regulations of the
Corps, and they have based their whole project, and proceeded with that
project, when the rules change and they come back to reinvestigate,
that's no way to do business.
Mr. HENSARLING. I was happy to yield to the gentleman, and I want to
thank him for his leadership.
Mr. Chairman, I want to encourage the House to adopt this amendment.
Right now on the heels of our Democrat colleagues enacting the single
largest increase in history, we should leave no stone unturned in
trying to find more ways that we can help the poor beleaguered
taxpayer, who actually pays for all of these programs.
Now, I have no doubt that there are many good things in this
legislation, and I know we in Congress are only limited by our
imagination on how we can spend the taxpayers' money.
Already, just with the programs that are already on the books with
the Federal Government before people create new programs, we're on a
collision course. We're on a collision course to either, one, have
taxes doubled on the next generation, just to pay for government we
have, or within one generation there is only going to be, for all
intents and purposes, a Federal Government consisting of Medicare,
Medicaid, and Social Security.
Now, many people don't understand how the institution works, but
already so much of the Federal spending is on automatic pilot, so-
called entitlement spending. This is actually one of the few
opportunities that Members have to come to the floor of the House and
actually try to save taxpayers' money.
Now, we know that the President has issued a veto threat, and there
is a $23 billion savings that he's trying to achieve.
For many of us, we believe the President is trying to spend too much
money. But the President is the President, and the President is the one
who has the veto pen.
If we would adopt the gentleman's amendment, the gentleman from
Georgia, we would at least take one small step towards the pathway of
saving that $23 billion and maybe, maybe take one small step towards
saving the next generation from that nasty fiscal fork in the road to
where either, one, they are going to have their taxes doubled, right on
the heels, again, of the single largest tax increase in American
history that the Democrats have brought to us, or we are going to see a
Federal Government consisting of little more than Medicare, Medicaid,
and Social Security.
What's ironic about this, Mr. Chairman, is if we don't start taking
steps to save money today, and this amendment would save $30 million,
if we don't start taking these steps today, tomorrow there might not be
an Energy and Water appropriations bill. All the money would go
somewhere else, and we continue as an institution to kick the can down
the road.
Now, some in this body say fiscal responsibility simply means
balancing the budget no matter what the cost. Well, for those who are
going to have to have their taxes doubled in the next generation, they
may differ with that assessment of what fiscal responsibility is.
Again, as the gentleman from Georgia has said, the Corps already has
a large background of ongoing construction work. We know that; all
Members know that. By limiting the Corps investigations, this amendment
would help ensure that current Corps projects are completed.
Again, it's one very, very small step; but we cannot send this
country again under Democrat leadership into some kind of tax-and-spend
economic death spiral. We have to take every step possible to save the
American people from, number one, the single largest tax increase in
American history that threatens to impose over a 5-year period up to
$3,000 of taxes per family. We have to save them from that. Then we
have to save them from the other spending.
So this is a very modest amendment that would put us on a pathway to
ensure that the President doesn't veto this bill and that we achieve
some level of fiscal responsibility.
I urge the House to adopt the amendment of the gentleman from
Georgia.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Georgia (Mr. Westmoreland).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. WESTMORELAND. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Georgia will be
postponed.
The Clerk will read.
The Clerk read as follows:
Construction
(including rescissions of funds)
For expenses necessary for the construction of river and
harbor, flood and storm damage reduction, aquatic ecosystem
restoration, and related projects authorized by law,
including a portion of the expenses for the modifications
authorized by section 104 of the Everglades National Park
Protection and Expansion Act of 1989; for conducting detailed
studies, and plans and specifications, of such projects
authorized or made eligible for selection by law (but such
detailed studies, and plans and specifications, shall not
constitute a Federal commitment to construction);
$2,008,874,000, to remain available until expended, of which
such sums as are necessary to cover one-half of the costs of
construction, replacement, and expansion of inland waterways
projects shall be derived from the Inland Waterways Trust
Fund; and of which $8,000,000 shall be exclusively for
projects and activities authorized under section 107 of the
River and Harbor Act of 1960; and of which $45,000,000 shall
be exclusively available for projects and activities
authorized under section 205 of the Flood Control Act of
1948; and of which $10,000,000 shall be exclusively for
projects and activities authorized under section 14 of the
Flood Control Act of 1946; and of which $25,000,000 shall be
exclusively for projects and activities authorized under
section 1135 of the Water Resources Development Act of 1986;
and of which $25,000,000 shall be exclusively for projects
and activities authorized under section 206 of the Water
Resources Development Act of 1996: Provided, That of the
funds provided under this heading the following amounts are
rescinded: from Public Law 101-101, $435,000; from Public Law
102-377, $1,740,000; from Public Law 103-126, $797,000; from
Public Law 105-245, $1,716,000.
Mr. KLEIN of Florida. Mr. Chairman, I move to strike the last word.
I rise for the purpose of engaging in a brief colloquy with the
subcommittee
[[Page 16238]]
chairman and the ranking member regarding the Corps' regulatory
program.
As you are aware, shore protection is a concern not only to residents
along the coast but to all residents, all Americans who come to our
beaches to relax, fish, boat, and dive. But our coasts are facing a
real crisis. They have become seriously eroded, endangering both the
personal property and personal safety of countless residents.
This is not a crisis limited to my constituents in south Florida. In
my conversations with other Members representing coastal communities, I
know that shore protection is a major issue facing our great country.
Mr. Chairman, among its many duties, the U.S. Army Corps of Engineers
is entrusted to regulate the permitting of projects affecting U.S.
waters. Comprised of many honorable and hardworking civil servants and
military officers, the Army Corps has a long history of dedicated
service towards the preservation of our natural resources.
I reluctantly rise today to voice my grave concern that the
regulatory process under the Army Corps is simply taking too long.
Critical erosion control projects that local communities wish to
undertake to protect their people from the very real dangers posed by
hurricanes or other deadly storms are languishing under the inertia of
bureaucracy.
Mr. Chairman, the residents of Singer Island in Palm Beach County
where I reside cannot wait 2 years for the Army Corps to complete their
environmental impact statement. That means two more hurricane seasons
and two more chances to have their lives literally washed away.
Singer Island isn't alone. Up and down the coast, local communities
are in the same dire situation waiting for the Army Corps to act upon
the regulatory authority. I know that you have heard the identical
concerns during the many lengthy hearings that the committee has held.
I understand that the chairman is willing to work with me to bring
transparency and efficiency to the Army Corps regulatory process when
you go to conference.
I want to thank you for your leadership on this issue, Mr. Chairman,
and I look forward to our working together.
Mr. Chairman, I yield to the distinguished gentleman from Indiana.
Mr. VISCLOSKY. I want to thank the distinguished gentleman for
bringing this to the attention of the committee. He is correct, it has
been a subject of our hearing process as well. For some time now the
committee has been concerned that the Corps' regulatory process is not
being undertaken in an expeditious manner.
I want to assure the gentleman and all of my colleagues that we on
the subcommittee have every intention of helping him bring greater
transparency and efficiency to the Army Corps' regulatory process, both
in terms of your particular concerns, as well as those nationwide.
Mr. KLEIN of Florida. I appreciate the chairman's attention to this
issue.
Mr. Hobson, would you also agree with the need to address these
concerns? Would you also help us with the regulatory process?
Mr. HOBSON. Absolutely.
Mr. KLEIN of Florida. I thank the distinguished chairman and the
ranking member.
Mr. BROWN of South Carolina. Mr. Chairman, I move to strike the last
word.
I rise to engage in a brief colloquy with the subcommittee chairman
and ranking member regarding the Corps' regulatory program.
On June 19, 2006, the United States Supreme Court issued a decision
regarding the scope of the Federal Government's jurisdictions over
wetlands and other water bodies under the Clean Water Act. Just last
week, almost a year after the Rapanos decision was issued, the Army
Corps and EPA issued joint field guidance interpreting the decision.
Because this guidance took almost a year to develop and issue, Corps
districts around the country have thousands of backlog applications and
projects seeking jurisdictional determinations and permits.
Unfortunately, while the newly issued guidance sets targets for the
Corps to complete and review applications, it did not review any plan
for dealing with the current backlog. It also neglects to provide
Congress and the American people with the work plan showing how Corps
resources should be allocated to ensure that the application deadlines
contained in the guidance of already existing statutes are met.
I thank you for the substantial increase in regulatory funding that
is contained in this bill. These funds will go a long way towards
ensuring that the Corps has the resources to meet the requirements as
outlined in the June 5 guidance.
However, we need to ensure that the Corps focuses those resources
where they are most needed, toward ending the backlog of over 20,000
outstanding applications and making certain it does not happen again.
I hope that you and the committee, Mr. Chairman, will recognize the
importance of this issue and work in conference to include language
requiring the Corps to show Congress that it is addressing the wetlands
permit backlog and has the plan in place to meet the additional review
requirements under the newly issued guidance.
Mr. VISCLOSKY. I appreciate the gentleman raising the issue. There is
a theme in the last two colloquies, and it's a regulatory process. I
certainly agree with the gentleman that the Corps' regulatory program
needs to do a better job meeting its deadlines, especially with regard
to section 404 permits under the newly issued guidance.
The gentleman's concerns are very timely, and they are warranted. I
assure him that the subcommittee will work hard to address this issue
as the bill moves to conference.
Mr. BROWN of South Carolina. I appreciate the chairman's attention to
this issue.
Mr. Hobson, would you agree with the need to address these concerns
with the regulatory program?
Mr. SIMPSON. In the place of the ranking member, absolutely.
Amendment No. 26 Offered by Mr. Westmoreland
Mr. WESTMORELAND. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 26 offered by Mr. Westmoreland:
Page 3, line 8, after the dollar amount, insert ``(reduced
by $481,186,000)''.
Mr. WESTMORELAND. Mr. Speaker, this amendment would reduce the amount
by $481,186,000. It's in the area of construction.
Last year, $2.37 billion was spent. The President requested $1.5
billion, and the proposed budget is a little over $2 billion.
Mr. Chairman, we have talked about the overspending, and we have just
heard about the 404 permitting process and the regulatory process. Let
me say that the Corps of Engineers is a great organization. They do a
wonderful job.
The problem is that they have a general or colonel, depending on what
area of the country it is, that rotates in or out, and what we are left
with are life-long bureaucrats that control the Corps of Engineers. I
appreciate listening to the chairman of the subcommittee and the
ranking member and others as they have promised to get into speeding up
the process and going through these regulations and making sure that
these projects that are so important to our citizens move along at a
pace and not impaired by just red tape and bureaucracy.
This construction area is somewhere that we have spent a lot of
dollars.
The President came back, and as we mentioned in the last amendment
that we had, and said, look, we have got such a backlog of projects
already, why don't we make sure and get those out of the way before we
go on to spending more money.
Let me say this, even though we may look at this as a construction,
when you put more money into these agencies, it does nothing but build
a bureaucracy and broaden the red tape that our citizens have to go
through to deal with these agencies.
As I made the last comment on the last amendment, there has been at
[[Page 16239]]
least $105 billion in new Federal spending over the next 5 years that
has been authorized, and will be authorized by this new Democratic
Congress, the leadership of this House. In enacting the largest tax
increase in American history, this Democratic budget will allow for $23
billion in spending over what the President's budget request was.
{time} 1230
We, as a party, as a former majority party, the Republican Party,
understood that people got tired of their government growing at a rate
so much faster than the population of this country and the excessive
spending that we did. It's time for us to try to get back the
confidence of the American people, not just Republicans, or the
minority party, but Congress in general. The ratings of this Congress
is at a record low, record low.
The majority seems to think that they've heard the voice last
November of the American people. Well, I hope that they're listening to
the voice now because their rating is even lower than what the
Republican rating was last November.
But this amendment is designed to save the taxpayers about $480
million, and although, there again, the last amendment was just for $30
million, this one's for $481 million, it's just a small dent in the
amount of money that we're spending here. But I think it is a small
indication to the people of this country that we're willing to be wise
stewards of their money.
So I ask all of the Members here today if they would support this
amendment to reduce the construction in the Corps of Engineers by $481
million.
Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the gentleman's
amendment, but I don't disagree with everything he has enunciated in
his defense of his position.
The two previous speakers before the gentleman talked about red tape
and delay in the regulatory process with Army Corps. I would assume
that every member of this subcommittee has had those meetings with the
Corps, and we are certainly trying to rectify that problem on the
theory that the sooner projects can be completed, the more benefit will
enure to the taxpayers of this country and its citizens.
The gentleman's also right to enumerate the large backlog that we
have on construction and other Corps facilities in this country, and
that is one of the things that we are trying to address in this bill.
I would point out that the approach that we have taken, not just for
the fiscal year 2008 bill, but in the last several years under the
leadership of then-Chairman Hobson, was to make sure that we face the
challenges of the future in a very disciplined and rigorous approach
that encompasses a broader context.
The bill continues the financial management contractor reforms to
ensure that the Corps manages its budget to the best interest of the
taxpayers. The recommendations include direction that the Corps
continues to take action in considering additional factors as they
proceed in the planning process.
And again, it has been the custom of this subcommittee in designing
and structuring bills for the last several years to look at projects
and marshal our resources so that some are completed, as opposed to
bumbling on forever. And I wouldn't argue with the gentleman about that
concern.
We have, again, done that in this bill to make sure that those
additional construction dollars that the gentleman seeks to remove from
the bill are put to good and rigorous use. And I would point out that
this is not an abstraction. This goes to the core of people's health
and safety.
Two floods ago, on the little Calumet River in Northwest Indiana, we
had a gentleman in Highland, Indiana, lose his life. He was only one
life in one flood. But for that man, and for his family, and for that
community, it was a tragedy. We are constructing a flood control
project that insures that that never happens again.
That's why we have flood control programs in the city of Dallas and
its vicinities, to make sure that when you have significant events, as
we have had this week in the State of Texas, that you do not have loss
of life and, hopefully, you can diminish the loss of property.
We have huge commercial centers, ports like Long Beach, ports like
the city of New York, ports like Baltimore, up and down our coast. We
want to make sure that the commerce of this country moves as
efficiently as possible, so that our economy grows and we can provide
good paying jobs for all of our residents.
We have a State capitol in the most populous State in this country,
Sacramento, California, one dike a way from a catastrophic event as far
as the loss of human life and the destruction of properties.
Those are the types of projects, and those are the types of
priorities that we are attempting to get at in this bill. And that's
why these moneys are set aside, and would be opposed to their removal
from this bill.
Mr. HOBSON. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in opposition of the amendment to reduce funding
for the Corps of Engineers construction account. And let me give you
some perspective on this.
This account is already chronically underfunded by the
administration, and it has been in the past. And there's already a
backlog of several billion dollars of Corps construction projects.
Projects already underway, I'm going to talk about one here, just to
give you an example of what happens, such as the Olmsted Lock and Dam,
wind up costing far more and taking far longer to complete because of
funding constraints in this account.
The subcommittee is trying to do the responsible thing by dedicating
sufficient funds to address this backlog. Our priority is on completing
projects that are already underway and limiting new starts. And I can
tell you there were a lot of Members when I was chairman that got
really ticked off at me, especially new Members, because they had new
starts and we wouldn't do them because we said we've got to finish what
we've got before we go on to other things.
The Olmsted Dam, an example. It was supposed to be completed in 20
years and for a cost of $700 million. Because we didn't do it and fund
it right, and money was taken and put into other accounts, that's now
grown to $1.5 billion to finish this very needed dam on the Ohio River.
And the project still isn't done. We don't have the money to fund all
that they could use on this project in any one year.
Part of the problem is that this Congress, over the years, keeps
adding projects to our account, and then we don't fund them, or we fund
them partially, and the cost goes up.
I think it would be irresponsible, at this point, with the things
that we've put into effect, to stop new starts, to complete projects
and get them finished and stop this cost growth, to take this money out
now. Frankly, this is one account where I think we could have used more
money over the years and we could have done a better job.
He is right when we talk about Sacramento. Sacramento, those levees
were built years ago, some of them by farmers, some of them by we don't
know who. And they haven't been maintained to the degree they should be
maintained. And it's a problem waiting to happen.
We're trying to take responsible steps, but we've run into the red
tape and stuff. The Corps is trying. We've tried to do some things with
the Corps. We're continuing to improve the Corps.
Frankly, 4 years ago when I became chairman, there were a lot of
things wrong with the Corps that we've made right. I think the Corps is
doing a much better job today. They've got a lot of new management
techniques that we're using that they weren't doing in the past.
I'll give you an example. When I became chairman I asked to see their
vision for this country and the waterways. They didn't have one. We
asked them, What is your 5-year development plan for the waterways of
this country? They didn't have one. But they do now.
Now is not the time to stop them, because under Chairman Visclosky,
and
[[Page 16240]]
previously, we've started to do the right thing to stop this cost
increase and to get this under control. And frankly, if we would take
this amendment, we would do great damage to the infrastructure or the
future infrastructure of this country.
So I would urge a ``no'' vote on this amendment.
Mr. HENSARLING. Mr. Chairman, I move to strike the last word. I yield
to the gentleman from Georgia (Mr. Westmoreland).
Mr. WESTMORELAND. Mr. Chairman, I just wanted to point out to the
ranking member that he's exactly right. And if you look at the bill, I
think it will talk about that specific amounts of this money has been
itemized to go to section 107 of the River Harbor Act of 1960; $45
million to go to the Flood Control Act of 1948; $10 million to go to
the Flood Control Act of 1946; $25 million to go exclusively for
projects of the Water Resource Development Act of 1986; $25 million for
the Water Resource Act of 1996. This is all because we have continued
to put money into construction, and I hope that what the ranking member
was saying is that there's no new projects in here. And maybe this is
to finish up some of the projects. Maybe we can go back and finish some
of the projects of the 1946 act or the 1986 act.
Mr. HOBSON. Mr. Chairman, will the gentleman yield?
Mr. HENSARLING. I yield to the gentleman from Ohio.
Mr. HOBSON. There are no new projects in this bill because there are
no new projects proposed in the bill at this point. There could be
later. I would hope not.
And I want to tell you, we also in the past took out the President's
new starts too, not just the Congress's. We took out the President's.
Mr. WESTMORELAND. I'm glad to hear that from the ranking member.
But let's have a start. Let's prioritize. Let's tell the Corps with
this amendment that we're going to cut this money, and that we need to
see a prioritization schedule from them on how we're going to spend it;
that we're going to be responsible for taxpayers' money.
Mr. HENSARLING. Again, I thank the gentleman from Georgia for his
leadership and trying to bring some level of fiscal sanity and fiscal
accountability back to this body.
And I'm not unsympathetic to what I just heard our ranking member
say. But I guess I get somewhat frustrated when I see spending bill
after spending bill after spending bill, and I see the largest single
tax increase in American history enacted by the new majority.
I see absolutely no effort on the part of the new majority to do
anything to rein in out-of-control entitlement spending. Unfortunately,
there are few opportunities to try to save the poor, beleaguered,
American taxpayer some of his funds.
And again, I'm not sure that this bill is being shortchanged. It does
exceed the President's request. It does provide funding above last
year, in this case, increasing funding by roughly twice the rate of
inflation.
There are many American families who don't have the luxury of seeing
their incomes go up by twice the rate of inflation. Why are we
expecting families to do with less so that government can do with more?
And again, I'm not unsympathetic to what the ranking member had to
say. But there are so few opportunities.
And I understand good things can be done with these funds. But
occasionally, Mr. Chairman, we have to stop and we have to take a look
at where this funding is coming from. And I talk about the poor,
beleaguered, American taxpayer who, if the Democrats have their way and
the largest single tax increase in American history is allowed to be
imposed upon the American people, will see their taxes go up by roughly
$3,000 a year.
And I hear from some of those taxpayers from around the country. I
heard from Debbie in Lake Zurich, Illinois. She writes, ``I cannot
survive a $3,000 tax hike. I am a single, 53-year old woman living in
Lake Zurich who is drowning in taxes. Because of taxes I've been forced
to put my house on the market. Any more tax increases will create a
huge financial burden.''
I heard from Rose in Turnersville, New Jersey. ``As an older adult
still in the work force, I'm living paycheck to paycheck. Between
property taxes and all the other taxes I pay, I will soon give up my
home. Just affording gas to get to work in my car is now a trial.
Please keep the tax cuts we already have.''
As we talk about things we're going to do to safeguard people's
homes, how ironic it is, with the largest tax increase in history we're
going to spend the money and help take their homes away.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Georgia (Mr. Westmoreland).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. WESTMORELAND. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Georgia will be
postponed.
{time} 1245
Ms. BERKLEY. Mr. Chairman, I rise to strike the last word.
Mr. Chairman, 20 years ago Congress declared that my home State of
Nevada would become this Nation's nuclear garbage dump. The legislation
is known in the State of Nevada as the ``Screw Nevada Bill.''
Two decades later, the families I represent remain overwhelmingly
opposed to having toxic nuclear waste buried 90 minutes from their
homes, businesses, and where their children play. They have seen the
mismanagement at Yucca Mountain, the lack of quality assurance and
recent scandals where workers admitted to having falsified work on the
site.
Nevada families know that there is currently no canister capable of
storing nuclear waste for thousands of years and that, once inside of
Yucca Mountain, corrosive elements will cause the canisters that do
exist to rapidly fail, corrode, releasing radioactivity into nearby
water supplies. Moms and dads fear thousands of truckloads of nuclear
waste barreling down the highways of southern Nevada, home to more than
2 million families and a destination that attracts more than 40 million
visitors a year. They have seen over the past 25 years how promises for
``fair treatment'' and ``sound science'' have been trumped by raw
politics. And in 2002 they watched as Congress ignored Nevada's
objections and declared that Yucca Mountain should go forward in spite
of serious unresolved scientific issues that linger to this very day.
The circuit court of appeals decision that threw out the 10,000-year
EPA radiation standards, there is a reason that they threw it out.
Currently, no radiation standards exist for Yucca Mountain because they
would have to find radiation standards for a 300,000-year time, leaving
most of us to wonder if the financial status of the nuclear industry is
more important than protecting the public safety and lives of American
citizens.
Fortunately, Nevadans are not alone in opposing Yucca Mountain.
Across this Nation, communities that face decades of nuclear waste
shipments have raised their voices in opposition to Yucca Mountain.
They share our concerns about terrorist attacks or an accident
involving this lethal cargo. One nuclear waste spill could threaten
thousands of lives, shut down rail lines and highways, and cost
millions of dollars to clean up. Who is going to pay for that cleanup?
Post-9/11 we know all too well that there are those who will stop at
nothing to strike at this Nation. Terrorists seeking to release
radioactive materials or to secure a dirty bomb could target these
waste shipments for attack, making each train or truckload a disaster
waiting to happen. Our communities do not have the resources and our
first responders simply do not have the training to deal with this
threat.
Mr. Chairman, there are more reasons to oppose Yucca Mountain. This
literal hole in the Nevada desert has already cost taxpayers $12
billion, and
[[Page 16241]]
the sky is the limit when it comes to future spending: $100 billion,
$200 billion, $300 billion? Nobody can tell us and nobody knows. The
last time the DOE updated the cost analysis for Yucca Mountain was
2001. The Department of Energy said in 2006, and again this year, they
will provide updated cost analysis. They haven't yet done that because
they don't know. The DOE's failure to provide us with an up-to-date
life-cycle cost analysis for this project is just one more reason to
oppose this multibillion dollar boondoggle.
And here is another: Yucca Mountain is even further away today than
it was 20 years ago when we first started down this path. After $12
billion in spending, Yucca Mountain is now so far behind schedule that
it will not even open until 2020 or beyond. Remember, it was supposed
to be 1998. Meanwhile, the last shipments will not even leave the
nuclear reactor sites until 2047. That is 40 years from today.
Mr. Chairman, we have a better solution. The first step is to keep
nuclear waste where it is now in hardened dry-cask storage containers
that can be secured for the next 100 years. End Yucca Mountain before
we waste another $200 billion to $300 billion. And then, finally, find
a real solution to securing this Nation's nuclear waste.
I urge you to vote to cut wasteful spending at Yucca Mountain,
protect 50 million Americans in the communities all across our Nation
who will be in danger from nuclear waste shipments and the families who
oppose plans to turn Nevada into a radioactive garbage dump.
Before I yield back, I want to thank both Mr. Hobson and Mr.
Visclosky for yielding me this time. I appreciate their courtesy that
is of monumental importance to the people I represent, the citizens of
Nevada, and those who are living on these very dangerous transportation
routes.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Mississippi River and Tributaries
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley
below Cape Girardeau, Missouri, as authorized by law,
$278,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of
operation and maintenance costs for inland harbors shall be
derived from the Harbor Maintenance Trust Fund.
Amendment No. 24 Offered by Mr. Westmoreland
Mr. WESTMORELAND. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 24 offered by Mr. Westmoreland:
Page 4, line 9, after the dollar amount, insert ``(reduced
by $18,000,000)''.
Mr. WESTMORELAND. Mr. Chairman, what this amendment does is it cuts
$18 million from the $278 million authorized under this bill. It is a
small cut. Although $278 million is already authorized in current law,
it is what the President's request was; and even though we have looked
at other amendments and, hopefully, the whole House will see to do some
cuts, this appropriations bill is $1.1 billion over the President's
request. So this $18 million simply brings back the President's request
for the Mississippi River and Tributaries program.
The Mississippi River and Tributaries last year was $396.6 million in
2007. There has been plenty of money there, I think, to look at these
harbors, look at the flood damage, look at the things that should be
done there; and this is a mild decrease of the $18 million.
But let me again reiterate, as I did on the previous two amendments,
that this is in addition to $105 billion in new Federal spending over
the next 5 years that has been authorized by the new leadership in this
House. It has been done by enacting the largest tax increase in
American history. And this budget that we are looking at for 2008
allows $23 billion in new spending that will be funded by the largest
tax increase in American history. This amendment, while being only $18
million, is a small dent. I can't believe that I have been in Congress
long enough to say ``only $18 million,'' because that is more money
than most American families will see in one lifetime or two lifetimes.
It is just a small dent in this year's budget. And, Mr. Chairman, I
hope that all Members will see their way to cut this amount of money
out of this particular appropriations bill.
Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the gentleman's
amendment.
I again would reference some of his words where he indicated that $18
million is no small sum of money. It is a very significant sum of
money, and I would agree with him. It is a significant sum of money,
and it is very important to the programs that comprise the Mississippi
River and Tributaries Program. And my concern is, if you would, carving
out a particular geographic region for this particular cut and would
emphasize that while it is but one geographic region and water system
within our country, there are consequences of the amendments because
channel improvement programs in Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee would be affected.
There are levees for the Mississippi River in States like Arkansas,
Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee.
There is a flood waste system in the State of Louisiana, and there are
operation and maintenance costs.
These are all significant and important programs dealing, again, with
the priority of people's health and safety, the movement of commerce,
and the protection of property.
I strongly oppose the gentleman's amendment.
Mr. HENSARLING. Mr. Chairman, I move to strike the last word.
Again I want to commend the gentleman from Georgia for his amendment
in this series of amendments, which, as I understand it, would bring
the funding to the President's level, which, in most cases for many of
us, is still too much.
As I stated earlier in the debate, Mr. Chairman, I am still concerned
that although clearly good cases are made for how these funds can be
used, I look at the larger picture. We still have a bill before us that
is growing this part of government at over twice the rate of inflation.
Again, we are asking American families to somehow do more with less,
and sometimes you wonder if government isn't doing less with more.
This is on top of the pressure that has been put on the family budget
by the new Democrat majority's enacting the largest single tax increase
in American history in their budget. This is on top of the Democrat
majority that is trying to increase what we call nondefense
discretionary spending by $23 billion above the level of last year.
This is in addition to the $6 billion, Mr. Chairman, that they added to
the omnibus spending bill at the first of the Congress and the $17
billion in nonemergency spending that they tried to put into the
emergency supplemental to support our troops that somehow we all know
ended up with funding for peanuts and spinach and many other items that
many Americans would consider being part of a pork-barrel spending
effort.
So, again, I would have more sympathy with those who oppose the bill
if I saw any indication whatsoever that the new Democrat majority was
trying to save the family budget from the Federal budget. And, instead,
I see this explosion of spending, and I haven't even included what the
gentleman from Georgia aptly observed, that we hadn't even completed 6
months of the year but already the new Democrat majority, on top of all
the old spending, has now authorized over the next 5-year budget window
an additional $105 billion of new spending. And you wonder where does
it all end? Where does it all end?
I said earlier that I wish we could be debating on this floor
opportunities to actually reform entitlement spending. We are dealing
with a smaller portion of the Federal budget now, but we know that the
longest journey starts with the first step. And, Mr. Chairman, we need
to observe, and don't take my word for it, about what is going to
happen to the American family and the American economy if we don't take
some small steps to try to reduce the rate of growth of government.
[[Page 16242]]
{time} 1300
Let's listen to our Federal Reserve Chairman, Ben Bernanke, who was
quoted in a House Budget Committee. Without ``early and meaningful
action'' to address the growth in entitlement spending, ``the U.S.
economy could be seriously weakened, with future generations bearing
much of the cost.''
Let's listen to the Comptroller General, our chief fiduciary officer
in the United States. He said, ``The rising costs of government
entitlements are a fiscal cancer that threatens catastrophic
consequences for our country and could bankrupt America.'' Instead,
this body kicks the can down the road.
And now we have a bill before us which, although it does many worthy
things, is increasing the rate of spending of this part of government
twice the rate of inflation; again, taking money away from American
families after the single largest tax increase in history, threatening
to double taxes on their children.
And so, we've had three amendments here in a row that would take
incredibly modest steps to try to reduce the rate of growth of
government. You don't even have to cut government, you just have to
reduce the rate of growth to bring some fiscal sanity from this new
spending and tax economic debt spiral that the Democrats seem to want
to foist us into.
So, I would urge the House to adopt the amendment of the gentleman
from Georgia. I wish we could do more, but it is a modest start on a
very, very long journey.
Mr. RYAN of Ohio. I move to strike the last word, Mr. Chairman.
First, I would like to lend my support to my chairman of this
subcommittee, and also Mr. Hobson, for their great work on this bill. I
think it's a great bill. I think you have really shown the rest of us
in Congress how a committee can and should work together for the good
of the country.
I would like to address a few issues that have been brought up, not
necessarily related to the bill at hand, with regard to spending. And I
am glad to see a couple of my friends on the Republican side have found
some religion over the past few months. These were the same Members who
were here over the past 6 years, Republican control of the House,
Republican control of the Senate, Republican White House, and ran up $4
trillion in debt for the United States of America. We didn't hear boo
from them while all this was going on. And the biggest problem has been
most of that money was borrowed from foreign countries, Japan, China,
OPEC countries; $4 trillion mostly borrowed from foreign countries by
the Republican Party.
They've also mentioned that there has been stress on families. Well,
I'm glad they finally came around to understand that, too. And some of
the things that we have already done, Mr. Chairman, have addressed
those issues: $700 increase in the Pell Grant, that will relieve some
pressure for families; student loans rates being cut in half, that will
reduce pressure on families; increase in the minimum wage, which begins
this summer; increased SCHIP coverage; increased coverage for women's
health care needs. These are issues that are going to relieve the
pressure that most American families are feeling, and it took a
Democratic Congress to implement that.
Now, to the heart and soul of this bill. I think this bill does two
things, Mr. Chairman. One, this is a national security issue. What Mr.
Hobson and Mr. Visclosky have done here is increase the security of
this country by reducing our dependence on foreign oil, by increasing
our funding for the ``loose nukes'' program so that we can be safer.
And this dovetails perfectly into what we've already been doing here
with the Homeland Security bill, where we're going to have 3,000 more
Border Patrol agents, where we are going to have technology for our
ports so we are making sure we cover the cargo in. This bill fits
directly in with that. Money for our first responders, COPS program.
This all fits together as a piece of a national security bill.
And this bill also, I think equal to the national security
provisions, this is a bill about economic development. The problems we
have been having over the last 30 years is that wages have been
stagnant. And Rose in Illinois and some of the other people that my
friend from Texas have mentioned have had stagnant wages for 30 years.
This bill makes the kind of investments that the study from the
National Academy of Sciences recommended, ``Rising Above the Gathering
Storm.'' The head of that study was the former CEO of Lockheed Martin.
And he noted, along with a very distinguished panel, that the
connection between research and development and growth cannot be
understated, especially research in the physical sciences. And when you
look at what this bill does, 3,500 researchers are funded through this
bill; $93 million for research with hybrid cars, $49 million for
advanced combustion research, $48 million for materials research for
fuel efficient cars, $23 million for fuels technology, $708 million for
coal energy research.
This is an economic development bill. When we began to fund NASA,
that created thousands and thousands and thousands of jobs in science
and engineering. This bill will do the same thing. It will give Rose in
Illinois and all of those other folks who have had stagnant wages an
opportunity to go into a field that is growing with public research and
private research. This is a jobs bill, this is an economic development
bill for a lot of the regions who have suffered under the global
economy.
I appreciate what the chairman has done, I appreciate what the
ranking member from the great State of Ohio has done with this bill.
This is a jobs bill and this is a national security bill. I urge its
passage, and I urge that this amendment go down.
Mr. VISCLOSKY. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Gene Green of Texas) having assumed the chair, Mr. Davis of Alabama,
Chairman of the Committee of the Whole House on the State of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 2641) making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2008, and for
other purposes, had come to no resolution thereon.
____________________
REPORT ON H.R. 2771, LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008
Ms. WASSERMAN SCHULTZ, from the Committee on Appropriations,
submitted a privileged report (Rept. No. 110-198) on the bill (H.R.
2771) making appropriations for the legislative branch for the fiscal
year ending September 30, 2008, and for other purposes, which was
referred to the Union Calendar and ordered to be printed.
The SPEAKER pro tempore. Pursuant to clause 1, rule XXI, all points
of order are reserved on the bill.
____________________
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT,
2008
The SPEAKER pro tempore. Pursuant to House Resolution 481 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 2641.
{time} 1307
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2641) making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2008, and for other purposes, with Mr. Davis of Alabama in the
chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today,
pending was amendment No. 24 by the gentleman from Georgia (Mr.
Westmoreland).
Mr. SESSIONS. Mr. Chairman, I move to strike the last word, and I
yield to the gentleman from Georgia.
Mr. WESTMORELAND. I want to thank my friend from Texas for yielding.
[[Page 16243]]
I just wanted to make a few comments about my friend Mr. Ryan, who I
listened to many nights, Mr. Chairman, while I was up in the chair
where you're at. Many nights, I listened to the 30-something Group get
up and rail and talk about all the wasteful spending and about how much
money we were spending and about how we had gone into debt and about
what the debt was. And I hear Mr. Ryan stand up and talk about economic
development. I'm going to tell you the best bills this country has ever
had for economic development was the Bush tax cuts. Those were the best
economic bills we've had for economic development in this country. Look
at where the Dow is today at 13,000-plus. I haven't been keeping up
with it, I don't really have a lot of money in the market. But we have
busted records continually, and it has been because of those economic
growth tax cut bills that we have had and the economic policies of this
White House.
And as my gentleman friend from Texas (Mr. Hensarling) said, we don't
necessarily agree with the President's recommendation. We feel like
that's probably more money than we need to spend. But at least it is a
recommendation that we need to go back to from the proposal of what the
Democratic leadership has proposed.
And you know, if you talk about striking any money from an agency's
budget, I think you get their attention. The ranking member was telling
me that when he was the chairman 2 years ago, he asked for the Corps to
send 10 of their most important projects that need to be completed. He
hasn't heard from them yet. And so we need to send a message to some of
these agencies and say look, you are going to give us the information
we want, you are going to be accountable, and you are going to be under
some authority.
So, I think we need to send that message loud and clear. And although
some of these cuts are mighty small, I think they will do a good job in
getting some attention. I'm glad to see that the 30-something Group is
now, and that the Blue Dogs, or whatever kind of dogs they are, that I
listened to also, Mr. Chairman, when I was up there late at night,
listened to them for hours at a time talk about wasteful spending, I
hope that they will join me in an hour, in Special Orders, when we talk
about the largest tax increase in the history of this country and the
runaway spending that we now have, even larger spending than it was
when we were in charge. I hope they will join me in that hour and we
can get up and talk about being good stewards of the taxpayers'
dollars.
Mr. SESSIONS. Mr. Chairman, this Republican minority is intensely
interested in making sure that we do the right thing for the country,
but it should be noted that these bills should not be about economic
development, they should be about solving water problems that we have
with the dollars that are generated by the taxpayer to solve problems
with water, with flooding and with the various elements of ensuring we
have clean and better water that is available.
This should not be an economic development spending bill. I disagree
with the gentleman from Ohio, and it is my hope that this body will
recognize this economic development spending bill for what it is, as
opposed to a water resources bill. I am disappointed to hear that it's
characterized that way. And that is why we support the gentleman from
Georgia with his amendment.
Mr. GENE GREEN of Texas. Mr. Chairman, I move to strike the last
word.
I wish to engage Subcommittee Chairman Mr. Visclosky in a colloquy
for purposes of underscoring the strategic role of petroleum coke
gasification to reduce dependence on the foreign supply of energy, and
illustrating the technological feasibility of petroleum coke
gasification projects to sequester carbon.
Mr. Chairman, the Energy and Policy Act of 2005, Public Law 109-58,
has a specific provision, section 415, 42 U.S.C. 15975, authorizing the
Secretary of Energy to provide loan guarantees for at least five
petroleum coke gasification projects. Petroleum coke gasification
projects are also qualified under title 17, the Innovative Technology
Loan Guarantee Program under 1703 (c) 2 and (c) 3 as an industrial
gasification project and pet coke gasification project, respectively.
This provision of the law recognizes the critical importance of these
projects in promoting efficient management of energy sources within the
United States.
Domestic gasification of ``petcoke,'' as it is also called in the
U.S. refining industry, will reduce foreign exports of this product.
Reducing exports of petcoke will result in reduced emissions of
hydrocarbons, carbon dioxide and other gases resulting from production,
transportation and burning of fossil fuels associated with energy
sources currently being used instead of petcoke. Globally, it would
also result in lower emissions from petcoke since this product often is
not being burned in clean processes when it is exported.
Technology exists today to sequester carbon dioxide byproduct from
the petcoke gasification process, pressurize the gas, and inject it
underground as a petroleum recovery enhancement technique.
{time} 1315
Carbon sequestration can be a viable and compatible technology with
petcoke gasification where the geology, ongoing field production, and
relative distance to the location of a reliable source of carbon
dioxide gas co-exist.
Petcoke gasification and carbon sequestration technologies would be
in use more widely in key regions in our country if market-entry costs
were not so high.
Mr. Chairman, reducing the cost of capital to place petcoke
gasification technology into service is the very objective Congress
recognized and set out to implement in the Energy Policy Act of 2005.
The Department of Energy has not allocated sufficient funds for loan
guarantees to demonstrate commercial readiness of the petcoke
gasification technology, which will reduce dependence on foreign
sources of energy. Adding carbon sequestration will require further
allocation of Federal funds to implement this important technology.
Mr. Chairman, I urge your consideration to expand the types of
projects that receive funding under title XVII of the Energy and Water
appropriations bill to include already authorized petcoke projects that
will enhance U.S. energy independence. I also urge your support for
appropriating sufficient resources for one to two petcoke gasification
projects in the fiscal year 2008 funding bill for the Department of
Energy and hope you can take this into consideration when negotiating
in conference committee with the Senate.
Mr. VISCLOSKY. Mr. Chairman, if the gentleman will yield, I want to
thank Mr. Green for bringing to the committees's attention and my
attention the need for adequate funding of these invaluable
technologies.
Mr. GENE GREEN of Texas. Mr. Chairman, I want to thank my colleague,
my good friend from Indiana and Chair of the subcommittee, for bringing
up this important piece of legislation.
I rise in strong support of H.R. 2641. I am particularly pleased the
committee has provided the Army Corps of Engineers with $5.6 billion,
which is $713 million more than the President's request and $246
million more than last year's appropriations. These funds will help
strengthen our Nation's flood control programs and navigation
infrastructure, which is particularly important to my district.
Along the Houston Ship Channel, we have requested $35 million for
operations and maintenance on the deepening and widening project. This
continued O&M funding would be used to keep the channel at its
authorized depth, which is critical to keeping the channel navigable
for the tankers that bring in crude oil to our refineries. We also have
submitted a request for the environmental mitigation required as a
result of the deepening and widening project and would hope that the
committee will give that request its full consideration in conference.
Our area relies heavily on Corps of Engineers' funding, since we're
not only an energy-producing area but also a low-lying area in the
middle of a flood plain. I am hopeful that a portion of the increased
funding for the Army Corps of Engineers can be directed to Greens
Bayou, Hunting Bayou and Halls Bayou, which
[[Page 16244]]
were flooded during Tropical Storm Allison in 2001. These authorized
projects are located in blue-collar residential areas in my district,
where the threat of future flooding is all too real. We dodged
Hurricane Rita in 2005, but we need to step up our flood control
efforts on these projects to give our residents adequate protection
when the next storm hits. I appreciate the committee's continued
understanding of the pressing flood control needs in our area.
I am also hopeful funding can be provided for other meritorious
projects in our district, including the University of Houston's Center
for Clean Fuels and Power Generation, the Very High Differential
Pressure Sub-sea Multiphase Pumping System, and the Texas Hydrogen
Highway.
This bill also makes a significant investment in researching and
developing alternative energy sources which will lead us away from our
dependence on fossil fuels. The bill provides $1.6 billion for research
into solar energy, biomass and bio-refinery systems, technologies to
reduce vehicle emissions, and technologies to make buildings more
energy efficient. It also provides much needed resources for
weatherization assistance grants which will weather-proof the homes of
low-income disabled and elderly individuals.
An investment in new sources of energy is critical to meeting our
future energy needs, but in the interim we must continue to improve on
the conventional sources of energy we use today. That is why I am
pleased this bill funds the demonstration of technology that captures
carbon exhaust, and researches how to make fossil fuels more efficient
and sustainable.
These investments in both conventional and renewable energy research
will help meet America's future energy needs and diversify our energy
portfolio. The University of Houston's Center for Clean Fuels and Power
Generation is contributing to this effort, and I have requested funding
for the center's expansion. The center's work to conduct cross-
disciplinary research and develop technology to spur the discovery and
commercialization of new fuels to provide the Nation's transportation
and construction sectors with low-cost, reliable and sustainable power
sources. I hope the committee will work with us to include funding for
this important project in conference.
I commend the Chairman, and also my good friend from Texas,
Congressman Chet Edwards, for their hard work on this legislation, and
urge my colleagues to support the bill.
Mr. LAMBORN. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in support of the Westmoreland amendment. I
would like to point out that the President's budget request came in at
$1.1 billion more than what the majority party has requested in the
bill that is before us today. Also, the bill before us today is $1.3
billion over last year's bill.
Now, $1 billion, that goes to the $23 billion or so that the
combination of the 12 appropriations bills will be over what the
President has set forward. And even what the President set forward, I
might say, is a little on the high side. But when you look at $23
billion in excess spending, $1.1 billion just in this bill, Mr.
Chairman, we have to start somewhere with fiscal restraint and fiscal
discipline.
I am a new Member in Congress, and I heard a lot of talk during the
campaign, especially by some of my colleagues on the other side of the
aisle, that we were going to have a new day of fiscal discipline. Well,
I am still waiting for that day to dawn, and I certainly don't see it
today.
This bill is higher than what the President has asked, and that means
that the President has pledged to veto this bill. If this goes through
the House and then through the Senate and comes out in anything like
the form that it is in right now, it's going to be vetoed; and then we
are going to come back, and we will go through this whole exercise all
over again.
So I think the way we should avoid that brain damage and that waste
of time and waste of expense is just to bite the bullet right now.
Let's stick to the amount that the President has requested. That is
still over last year's budget.
So I think we should support the Westmoreland amendment. He has
offered several good amendments. This is one of them. We have to start
somewhere, or we are going to be back later this year.
So let's have some of the fiscal discipline that I thought we were
going to be in store for, and this would be a good place to start. This
is as good a place as any. And I urge adoption of this amendment.
Mr. BARROW. Mr. Chairman, I move to strike the last word.
Mr. Chairman, as Congress works to expand domestic energy production
alternatives, one area of renewed focus is nuclear power production.
For those of us who support nuclear energy, it is essential that there
be adequate oversight and independent research to make sure that
nuclear technology is safe and sustainable.
For the past 50 years, Mr. Chairman, that independent research has
been the primary objective of Savannah River Ecology Lab. In fact, the
ecology lab was founded to give the public confidence that the Energy
Department's works at Savannah River Site would not sacrifice public
safety or the environment.
That work continues today. In fact, the lab is the only lab in the
Nation funded by the Department of Energy that conducts independent
research into the long-term effects of low-level radiation and nuclear
energy production.
Unfortunately, the Department of Energy doesn't seem to want
independent oversight, and they have zeroed out the $4 million in
funding for the lab. It seems to me that $4 million a year is a small
price to pay to make sure that the ongoing work at the SRS, and nuclear
energy production in general, is being done in a manner that promotes
public safety and protects our land, our air, and our waterways.
Mr. VISCLOSKY. Mr. Chairman, if the gentleman will yield, I thank the
gentleman for bringing the work of this lab to the attention of the
House and to the committee. I certainly will want to work with the
gentleman on his concerns.
Mr. BARROW. Mr. Chairman, I look forward to continuing to work with
him and our colleagues in the other body to make sure that the Nation
has the adequate oversight and the independent research that is needed
to safely promote nuclear technology.
Mr. RYAN of Wisconsin. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in support of the Westmoreland amendment and in
opposition of the underlying bill.
Let's just review the numbers for a moment. This Energy and Water
appropriation bill not only exceeds the President's request; it also
increases spending by twice the rate of inflation. Under the Democrat
budget resolution, nonemergency spending will increase by $81.4 billion
compared to 2007, growing more than 9 percent, or triple the rate of
inflation. That is triple the rate of our constituents', the American
taxpayers', ability to pay for these bills. This is on top of the $6
billion that was already spent in the current year omnibus, and the $17
billion in non-war emergency spending that was added to the Iraq war
supplemental.
But with this particular bill, here are my concerns: number one, it
further opens the spigot on new spending. This is $1.1 billion above
the President's request and $1.3 billion above the 2007 enacted levels.
Again, far in excess of the rate of inflation.
Number two, it adds a lot of green for uncertain returns. The
President requested $1.2 billion for renewable and energy efficiency
under the Advanced Energy Initiative and the Reducing U.S. Dependence
on Imported Energy Sources. This bill increases spending by 50 percent,
yet it is extremely unclear whether this enormous boost in spending
will actually do anything to achieve energy independence.
This bill also exploits the Democrats' pre-funding maneuver. This was
wrong when Republicans did it. It is wrong when Democrats do it. Both
parties have been doing these pre-funding maneuvers. This is basically
taking from next year's bill.
I think the fact that they have already pre-funded $1.6 billion for
FY 2008 Corps of Engineers spending frees up room under the cap so they
can spend more money. So you have about a $1.8 billion smoke-and-
mirrors pre-funding mechanism that allows them to spend even more
money. That brings the total on top of the $1.3 billion to almost $3
billion over last year's enacted levels.
[[Page 16245]]
Now, $3 billion in an almost $3 trillion budget, people ask why
should it matter. Why should we talk about these things. Here is why,
Mr. Chairman, this matters: it starts one step at a time.
If you want to be fiscally conservative, if you want to be fiscally
disciplined and watch the way we spend taxpayer dollars, we have to do
it at every stage in the process. We will have to watch how we spend
our taxpayer dollars.
The big problem I have with this budget resolution that is guiding
this process, the current budget resolution leads to the largest tax
increase in American history. Why on Earth would we want to pass the
largest tax increase in American history at a time when our economy
needs more jobs?
The tax cuts that occurred in 2003 created an unprecedented 7.9
million new jobs. It gave us 3 years of double-digit revenue growth,
which helped us cut the deficit by more than 50 percent. And the key to
reducing the deficit further is not increasing taxes or increasing
spending. It is controlling spending.
That is the different vision between our two parties. We believe we
need to balance the budget. The Democrat budget, the Democratic Party
budget, does that too. They propose a balanced budget as well. They
propose a balanced budget at this level of taxing and spending, whereas
we propose a balanced budget at this lower level of taxing and
spending, because we fundamentally believe that people ought to be able
to keep more of their own money in their own pocket.
We don't measure success of a nation by measuring how much more money
we spend in Washington. We measure success of a nation by how free
people are in their own lives and how they have an ability to prosper
and grow and how jobs and opportunities are being created in America.
That is what we believe measures success.
So if we pass budgets that simply call for all this new spending, if
we pass budgets which call for 23 reserve funds to spend $190 billion,
in addition to what this budget right here does, what we are simply
doing is saying we are going to tax people more, and then we are going
to tax them more again, and we are going to spend that money.
That takes freedom and liberty away from taxpayers, away from
individuals. That starves prosperity in America; it doesn't preserve
prosperity in America. And that is why at every stage in this
appropriations process, at every stage in this budget process we have
to be mindful on how much money we are spending.
We are spending more than twice the rate of inflation in this bill.
We are spending three times the rate of inflation on all of these
appropriations bills. And that is far too much, Mr. Chairman. That is
why I urge passage of the Westmoreland amendment and defeat of the
underlying bill.
Ms. FOXX. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I also rise to support the amendment of my colleague
from Georgia, Mr. Westmoreland. I want to reiterate some of the
comments that have already been made.
We simply have to start exercising fiscal discipline in this House. I
often talk about how the Republicans missed the mark by overspending in
the last few years and I talk about they, not we, because I came here
as a fiscal conservative. I am even more of a fiscal conservative than
I was when I first came to Congress, and I think most Members of my
party have gotten up and admitted that we have spent too much money in
the last few years. But most people now have seen the error of our
ways, and we know that we have to start cutting, and we need to start
right here. We talked about this last week, but we need to continue to
talk about it.
We are on track for pretty soon 70 cents out of every dollar of
Federal money going in to Social Security, Medicare and Medicaid, in
the very, very near future. We do not need to take our country in that
direction. We have got to start trimming budgets, and this is the place
to start now.
If we do not do that, we are not only going to see a repeat of what
the Democrats are bringing to us, the biggest tax increase in American
history this year, we are going to continue to see that to the point
where we are going to be taxing most of the money that Americans make,
and we are going to destroy this country with that kind of an attitude.
Our economy is doing great because of the tax cuts that were
instituted in 2001 and 2003, and the only way we can maintain that type
of economy is for us to control spending. We don't have a revenue
problem in this country. We have a spending problem. We need serious
fundamental reform of our spending. We need fiscal discipline.
As my colleagues have said, we are dealing with spending at twice the
rate of inflation. American families cannot stand that. They do not
want us to continue spending at the level that we are spending. It is
on track to be the largest spending increase that we have seen in a
long, long time in this country.
We heard over and over again last year on the floor from the party
that is now the majority party, then the minority party, that we were
spending too much money. Here they are, expanding what was spent last
year, and expanding it at a rate that is simply unsustainable. They
obviously did not mean what they said last year when they said we were
spending too much money.
It is a small cut. Again, I reiterate what my colleagues have said.
We have been in Washington too long when we think of $18 million as a
small cut. But as Everett Dirksen said many, many years ago, ``A
million here and a million there, and pretty soon you are talking about
real money.'' That is what we are doing.
Let me put Federal spending into some context for the American
people. The United States Federal Government is on track to spend more
money next year than Germany's entire economy in the year 2005. Germany
is and has been the third largest economy in the world for a long, long
time. There are only two countries in the world with entire economies
that are larger than the U.S. Government budget, the United States
itself and Japan.
So it is important that we start cutting back, and we have to do it a
little bit at a time. If there is anybody in this country who believes
that throwing more money at a problem from the Federal Government's
level solves problems, then they haven't looked at the statistics on
our education system, they haven't looked at the statistics on what has
happened with control of disasters. We know that simply throwing money
at a problem does not solve the problem.
We need accountability, we need efficiency, and we really need to
focus on those issues before we spend additional dollars.
I think that we do need more oversight of how Federal Government
programs are run. But simply throwing more money at the problem won't
create that oversight for us. We have to get down in the trenches,
examine programs, see how money is being spent, and say what effect did
you get from this money you are currently spending.
{time} 1330
In most cases we can probably cut budgets and come out far ahead.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Georgia (Mr. Westmoreland).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. WESTMORELAND. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Georgia will be
postponed.
Mr. BURGESS. Mr. Chairman, I move to strike the last word.
Mr. Chairman, on Monday morning my constituents in Gainesville,
Texas, woke up to a terrible sight. They woke up to discover their
homes, businesses and city awash in water. Heavy rain in north Texas
over the weekend and early into Monday morning overwhelmed Pecan Creek
and other area streams. There have been several confirmed fatalities,
420 flooded homes, untold millions of dollars' worth of damage in the
north Texas area.
[[Page 16246]]
The first responders, the fire people, the swift water rescue teams,
are still in the process of rescue recovery and evaluating the damage
and helping people whose homes and businesses have been destroyed.
This photograph was taken yesterday morning. It is reminiscent of
photographs that were taken during the 1990s, during the 1980s, during
the 1970s, during the 1960s, literally as far back as I can remember.
That is why I have requested funds for a section 205 flood control
project in Gainesville, Texas, and I have every year for the last 3
years.
Progress has been made. Funds have been allocated to the project in
fiscal year 2007, to the Corps' work plan to complete studies in
engineering; but realistically, the time for study has long since
passed. We need construction dollars.
Funding for Pecan Creek was my number one request in the Energy and
Water appropriations bill this year, last year and the year prior. I
hope that the chairman and the ranking member will help by providing
the funding for the construction projects that are so desperately
needed by the citizens of north Texas.
Mr. ENGLISH of Pennsylvania. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, I rise to enter into a colloquy with Chairman Visclosky
about a critical issue relating to my district, and I appreciate the
gentleman's leadership and the minority ranking member's leadership on
the issue before us.
If I could direct this to Chairman Visclosky, as you know, being from
the Great Lakes region, there is an ever-constant threat of shoreline
erosion on the coast of the Great Lakes. My district is home to
Pennsylvania's only shoreline on the Great Lakes on Lake Erie. Each
year it is of vital importance that sand, displaced by winter storms,
be renourished and redistributed on that shoreline.
Without annual nourishment, the shoreline would erode to the point
where natural resources and habitats are jeopardized or even lost.
Perhaps the most vivid example of this is Presque Isle. Presque Isle is
a unique ecosystem and truly a natural gem. Every year as a State park
it receives over 3.4 million visitors and it receives more visitors
annually than any national park other than Yosemite.
Every year since 1975, the shoreline of this unique feature has
received truckloads of replacement sand. This sand has kept the bird
sanctuary at Gull Point effectively from eroding away. Birds that have
been sighted here or call the sanctuary home include federally
endangered species such as the piping plover. Without sand, however,
Gull Point and other areas of Presque Isle's shoreline will be washed
away, leaving these vulnerable species with even less habitat for
recovery.
While there are no specific project allocations in this bill at this
time, I encourage the subcommittee to allocate sufficient funds to the
Army Corps of Engineers' construction account and make every effort to
afford the beach nourishment project at Presque Isle at Erie,
Pennsylvania, the resources required to be able to restore the sand
lost from winter storms. And also, as part of an ongoing Federal
commitment, a Federal-State partnership which has existed since the
Reagan administration. I thank the gentleman and welcome his
consideration.
I yield to the chairman.
Mr. VISCLOSKY. I want to thank the gentleman from Pennsylvania who
serves as my partner on the Congressional Steel Caucus, we have other
things in common, including my district abutting the Great Lakes, in my
case Lake Michigan, for rising on this issue on the floor today. It is
an important one.
The gentleman has my commitment that, especially knowing the
challenges facing the Great Lakes region firsthand, that the
subcommittee will make every effort to provide adequate resources to
the Army Corps of Engineers for construction projects and also help the
gentleman provide sufficient resources to the beach nourishment at
Presque Isle.
Mr. ENGLISH. I thank the gentleman.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Operation and Maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic ecosystem restoration, and related
projects authorized by law, including the construction of
facilities, projects, or features (including islands and
wetlands) to use materials dredged during Federal navigation
maintenance activities; the mitigation of impacts on
shorelines resulting from Federal navigation operation and
maintenance activities; to address the effects of civil works
projects owned or operated by the Corps on federally listed
species; to provide security for infrastructure operated by
the Corps, or operated on its behalf, including
administrative buildings and facilities, and laboratories; to
maintain harbor channels provided by a State, municipality,
or other public agency that serve essential navigation needs
of general commerce where authorized by law; and to conduct
surveys and chart northern and northwestern lakes and
connecting waters, clear channels, and remove obstructions to
commercial navigation, $2,655,241,000, to remain available
until expended, of which $53,585,000 shall be for projects
and activities in Region 1 New England; of which $179,814,000
shall be for projects and activities in Region 2 Mid
Atlantic; of which $367,101,000 shall be for projects and
activities in Region 3 South Atlantic Gulf; of which
$126,907,000 shall be for projects and activities in Region 4
Great Lakes; of which $342,354,000 shall be for projects and
activities in Region 5 Ohio; of which $25,721,000 shall be
for projects and activities in Region 6 Tennessee; of which
$251,630,000 shall be for projects and activities in Region 7
Upper Mississippi; of which $166,946,000 shall be for
projects and activities in Region 8 Lower Mississippi; of
which $3,159,000 shall be for projects and activities in
Region 9 Souris-Red-Rainy; of which $162,352,000 shall be for
projects and activities in Region 10 Missouri; of which
$213,500,000 shall be for projects and activities in Region
11 Arkansas-White-Red; of which $185,668,000 shall be for
projects and activities in Region 12 Texas-Gulf; of which
$30,812,000 shall be for projects and activities in Region 13
Rio Grande; of which $57,000 shall be for projects and
activities in Region 14 Upper Colorado; of which $3,967,000
shall be for projects and activities in Region 15 Lower
Colorado; of which $819,000 shall be for projects and
activities in Region 16 Great Basin; of which $286,031,000
shall be for projects and activities in Region 17 Pacific
Northwest; of which $125,998,000 shall be for projects and
activities in Region 18 California; of which $26,811,000
shall be for projects and activities in Region 19 Alaska; of
which $872,000 shall be for projects and activities in Region
20 Hawaii; of which such sums as are necessary to cover the
Federal share of eligible operations and maintenance shall be
derived from the Harbor Maintenance Trust Fund; of which such
sums as become available in the special account for the Corps
established by the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-6a(i)), shall be used for resource
protection, research, interpretation, and maintenance
activities under this heading related to resource projection
in areas operated by the Corps at which outdoor recreation is
available; and of which such sums as become available
pursuant to section 217 of the Water Resources Development
Act of 1996, shall be used to cover the cost of operation and
maintenance of the dredged material disposal facilities for
which such fees have been collected.
Amendment No. 25 Offered by Mr. Westmoreland
Mr. WESTMORELAND. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 25 offered by Mr. Westmoreland:
Page 5, line 8, after the dollar amount, insert ``(reduced
by $184,241,000)''.
Mr. WESTMORELAND. Mr. Chairman, this amendment simply strikes
$184,241,000 from operations and maintenance to the Corps.
The amendment would save $184 million, reducing the account from
$2.655 billion to $2.471 billion. The account was funded at $1.97
billion in fiscal year 2007. The bill increases this amount by 34
percent over last year's funding level and the amendment would limit
this increase to 25 percent. While I may feel this is still too much
money, it at least brings some type of accountance that we would want
to increase this 34 percent in 1 year.
Mr. Chairman, I think as already testified today by many Members in
talking about the bureaucracy, the red tape, the problems in
prioritized spending, the lack of accountability, where
[[Page 16247]]
better to make a difference and to make a change and to spend something
than in the maintenance and operation of this agency.
We heard from the gentleman from Florida, Mr. Klein, talk about the
problems that he had with regulations, and I know that Florida has a
lot of different water problems and a lot of different Corps' interests
down there.
I was pleased to hear Chairman Visclosky in his comments about
bringing accountability to the Corps and bringing about accountability
on this spending that seems to be run away. I really enjoyed talking to
the ranking member about some of these problems that he has been
addressing over the past years as chairman of this committee and how
accountability needs to be brought to the attention of Members.
I don't know if I have mentioned it before, but this appropriations
bill is $1.1 billion over the President's request. I don't know if I
have mentioned it before, but there has been at least $105 billion in
new Federal spending over the next 5 years that has been authorized by
the new majority in this House, the Democratic leadership. And I don't
know if I have mentioned it or not, but we have enacted the largest tax
increase in American history.
This Democratic budget, and I don't know if I have mentioned this
before or not, allows for $23 billion in new spending over that of the
President's request.
And I want to just make a couple of other comments. Mr. Ryan had
mentioned economic development. I just want to say that 6 years ago the
Dow was at 10,690. Today it is at 13,632. That is a pretty nice
increase, seeing how it came on the heels of 9/11, and I think and I
believe Mr. Ryan quoted the fact that 7.8 million new jobs since this
economic development tax cut legislation has gone into effect. That's
more than Europe and Japan combined.
The President's policies, economic policies, have been working. And
whether we agree with the amount of money that he has spent or not, the
economic policies are working and tax cuts do work.
And so I would ask that we would send a message to the American
taxpayers that we want to cut $184 million out of this bill that is
already bloated, over $1.1 billion. And I think we also want to send a
message to some of these departments that we are going to hold you
accountable and we are going to make sure that you are responsible for
the way you spend money and that you are accountable to this Congress,
because we are directly accountable to the people who elect us to this
position.
So I ask Members to support this amendment and keep in mind that last
year it was $1.9 billion, that this year the President's request was
$2.4 billion, and the proposal is for $2.6 billion.
Mr. RYAN of Wisconsin. Mr. Chairman, I move to strike the last word.
I wish to speak in support of the Westmoreland amendment. I think it
does a good job of bringing spending to more reasonable levels.
But I would like to speak about the broader issue. Not only does this
particular appropriation bill increase spending by $1.1 billion above
the President's request, which is in excess of last year by double the
rate of inflation, it is part of a broader appropriations effort to
spend $23 billion above the President's request and 9 percent increase
from this year versus last year, triple the rate of inflation.
Here is the problem with all these bills that spend all this extra
money: This puts the taxpayer on a collision course with higher taxes.
Because the budget resolution which we are now operating under leads to
the largest tax increase in American history, by passing these large
appropriations bills, $23 billion above the President's request, it
puts us on a course for higher taxes.
Why is this a bad thing, Mr. Chairman? The reason this is such a bad
thing is because these tax cuts, the tax relief gave us the economic
prosperity we are enjoying today. It gave us the higher economic
revenues that give us the ability to lower the deficit.
When we saw this problem in the economy in 2001 and 2003, consider
all those problems America was facing, the Enron scandals, the dot-com
bubble had burst, 9/11 happened, and we went into a recession.
What did Congress do at that time? Congress moved aggressively and
swiftly to cut taxes, to cut tax rates on entrepreneurs, on small
businesses, on corporations investing back in their businesses, on
families and on taxpayers and working families.
What happened after that? Well, we created 7.9 million new jobs.
Think of the fact that the eight quarters before tax cuts occurred, we
had eight quarters of negative business investment. After that, we have
had unprecedented business investment.
Think of the fact that we have averaged a job loss of 219,000 jobs
per month before those tax cuts and now we are averaging almost 165,000
new jobs per month since those tax cuts.
{time} 1345
Think of the fact, Mr. Chairman, that when the Enron bubble came and
the dot-com bubble burst, people lost a lot of their savings when the
market went down. Well, now the market is at an all-time high, and it
is because of these tax cuts.
And so when we bring bills to the floor that promise all of this new
spending, when we bring bills to the floor that spend $23 billion above
the President's request, when we pass a budget that proposes 23 new
slush funds to spend 190 billion more dollars in spending on top of
those tax increases, this is a recipe for higher taxes.
So, you see, Mr. Chairman, what is coming through here on the floor,
bill after bill, appropriation bill after appropriation bill, is more
spending, higher spending, which leads to higher taxes. The fact is in
just the month of July, this majority is proposing to bring two reserve
funds that will alone promise to spend $70 billion, $20 billion in the
farm bill and $50 billion on the SCHIP reauthorization. Where are they
going to get that money from? Higher taxes.
So it's important that amendments like the Westmoreland amendment
pass so that we can bring restraint to our spending levels. It is
important that we don't pass these bloated appropriation bills that
spend two to three times the rate of inflation, because that's two to
three times the rate of our taxpayers', our constituents', ability to
pay for these bills. And when we go on this collision course with all
this new spending, $110 billion of more spending this year alone in
just discretionary spending versus last year, $190 billion in new
spending proposals, in mandatory spending on these reserve funds, that
puts the taxpayer on a collision course with higher taxes and that
brings true this promise of the largest tax increase in American
history which was passed by this majority in their budget resolution.
That is why we should not be passing these overinflated appropriation
bills, and that is why we should be voting ``aye'' in favor of this
Westmoreland amendment.
Mr. HENSARLING. Mr. Chairman, I move to strike the last word.
I would like to associate myself with the comments of the ranking
member of the Budget Committee. What is of great concern here and why
once again I want to thank the gentleman from Georgia (Mr.
Westmoreland) for these series of amendments to at a minimum look at
various spending levels and try to at least keep to the President's
level, which so many of us already consider to be overinflated,
particularly when we look at the fact of how much more the Federal
budget has grown over the family budget. Since I have been on the face
of the planet, the Federal budget has outgrown the family budget by a
factor of about five to one. This cannot continue.
And so the gentleman from Georgia offers several amendments, all that
would at least put us on the path to avoid the Presidential veto and
spend less than what the new Democrat majority, tax-and-spend majority,
wants to do.
Again, I think it's very important that we focus on the fact that
this is part of a larger plan that we see unveiled in the budget
resolution. This is our third appropriations bill that puts us on the
course to spend the funds
[[Page 16248]]
that will arise from this single largest tax increase in American
history.
Mr. Chairman, for all those who are watching the proceedings of the
House today, it might be interesting to note for them that the last
time the Democrats had the majority, they enacted the single largest
tax increase in American history. So they are at least consistent in
what they are trying to do. The big debate in Washington is whether you
want to tax more and spend more or whether you want to try to constrain
the growth of the Federal budget to where the family budget can
actually afford it.
I have heard other speakers rise and somehow point the finger at
Republicans for fiscal irresponsibility. I must admit on occasion that
perhaps is correct, but, Mr. Chairman, since I have been here and since
I look in the rearview mirror, every time the Republicans have brought
a budget to the floor, the Democrats have brought even a larger budget
to the floor. They have decried the prescription drug benefit program
of the Republicans for being overly expensive, but their alternative
cost even more. And now already in just the first 6 months of this
110th Congress, we have the Democrats wanting to increase nondefense
appropriations by $23 billion of taxpayer money, we should never forget
that it's the taxpayers' money, above what we spent in 2007. They
already added $6 billion to the omnibus spending bill at the first of
this Congress. They added $17 billion in nonemergency supplemental
spending to the bill that would support our troops in harm's way; but
as we notice, as we read the fine print, we discovered it included
spinach and peanuts and shrimp and everything else. And now we also
understand that the Democrat majority has provided new spending on top
of the old spending, $105 billion over 5 years.
What the Republicans are trying to do is keep the tax relief that
Americans have already been provided, keep it alive, make it permanent.
Democrats say that we're not trying to increase taxes on the American
people, although in their budget they have the single largest tax
increase in American history, they just say, well, we're just going to
let this tax relief expire. Well, Mr. Chairman, if you're a hardworking
individual in the Fifth District of Texas and you make the same amount
of money this year that you made last year and your tax bill goes up,
now, that may be called in Washington, DC. letting tax relief expire, I
can assure you that is a tax increase on hardworking people in the
Fifth District of Texas and all over America.
That's why when this bill comes to the floor, and I know there are
many worthy programs in this bill, but we can never forget the worthy
energy bills that are in the family budget and the worthy water bills
that are in the family budget, and you cannot fund the Federal budget
without taking money from the family budget. That's why again one
modest step would be to vote for this amendment from the gentleman from
Georgia, and I once again want to commend him for his leadership on
fiscal responsibility in this body.
Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I do rise in opposition to the gentleman's amendment
and would note that the gentleman from Wisconsin in his earlier remarks
used the term ``slush fund.'' I would note that a slush fund connotes a
fund raised by a group for corrupt practices as bribery or graft. I'm
certain that the gentleman didn't mean to imply that.
Slush fund can also mean money once raised by the sale of garbage
from a warship to buy small items of luxury for the crew. I'm sure the
gentleman didn't mean that, either.
A slush fund can also mean a fund used by a group of office workers
for entertainment, but I don't think the gentleman meant that.
A slush fund could also be a fund raised for undesignated purposes. I
would not be so presumptuous as to speak for the gentleman from
Wisconsin, but I assume that was the import of his remarks, and in this
case that would also be an incorrect assertion.
The subcommittee worked very hard for the first 6 months of this year
to assess what the investment needs are for the United States of
America, its citizens and its economic future. As I have mentioned
earlier, and we had graphics to support the assertion, we have an aging
infrastructure in the United States of America. Anyone who is on the
roads, anyone who travels by air, anyone who travels by rail, anyone
who travels on water understands that. And today we are particularly
concerned about the aging water infrastructure.
I for one, and I believe all of the members of the subcommittee, am
very concerned that much of the infrastructure in place as far as
operation and maintenance is past its designed life. That pertains to
almost half of the locks and dams in this country. We have not dredged
many of our harbors, whether they be for recreation, which is an
economic purpose as well, or for commerce to their authorized depths,
let alone to the depths needed to ensure that they can operate
effectively and cost efficiently, and this work must be done.
What we have created here is an investment fund for operation and
maintenance, and I for one am proud that we have increased in that
account more moneys to invest in the economic prosperity of our
country, whether it pertain to navigation channels, locks and dams, or
other water infrastructure.
I would ask my colleagues to oppose the amendment.
Mr. HOBSON. Mr. Chairman, I move to strike the last word.
I rise in opposition to the amendment to reduce funding for the Corps
of Engineers operation and maintenance account. I confess that I don't
understand this amendment beyond its superficial attempt to reduce
bottom-line spending. This country has already expended billions of
dollars in our water resources infrastructure. Much of that
infrastructure is quite old and needs major rehab. I would invite any
of the Members around that want to go and look, go look at the dams and
the locks and the rivers that we have and look at the aging
infrastructure that is there.
As any responsible homeowner knows, much of critical maintenance is
penny-wise and pound-foolish if you put it off. The same maxim applies
to our Nation's water resources infrastructure, though with a much
larger role at stake.
And if we get it wrong, much more than just dollars are at stake. A
large part of the failures that caused such a devastating loss of life
and property in New Orleans came from inadequately maintained flood
control projects. We cannot afford to make this mistake again.
Even the President said we have got to increase O&M. The President
dramatically increased O&M. What I hear from everybody here is, well,
they're always right down there. Well, they're not always right down
there. They have never put the right amounts in this bill to begin with
when it comes to energy and water, especially the water side.
So I oppose this amendment. Cutting funding for operation and
maintenance for the Corps of Engineers is foolish and irresponsible at
this time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Georgia (Mr. Westmoreland).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. WESTMORELAND. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Georgia will be
postponed.
The Clerk will read.
The Clerk read as follows:
Regulatory Program
For expenses necessary for the administration of laws
pertaining to the regulation of navigable waters and
wetlands, $180,000,000, to remain available until expended.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination from sites
resulting from work performed as part of the Nation's early
atomic energy program, $130,000,000, to remain available
until expended.
[[Page 16249]]
Flood Control and Coastal Emergencies
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations,
repairs, and other activities in response to such natural
disasters, as authorized by law, $40,000,000, to remain
available until expended.
Expenses
For expenses necessary for general administration and
related functions of the civil works program in the
headquarters of the Corps, the offices of the Division
Engineers, the Humphreys Engineer Center Support Activity,
the Institute for Water Resources, the Engineering Research
and Development Center, and the Finance Center, $171,000,000,
to remain available until expended: Provided, That no part of
any other appropriation provided in this title shall be
available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction
and management activities of the offices of the Division
Engineers.
Office of Assistant Secretary of the Army (Civil Works)
For expenses necessary for the Office of Assistant
Secretary of the Army (Civil Works), as authorized by 10
U.S.C. 3016(b)(3), $6,000,000.
Administrative Provision
Appropriations in this title shall be available for
official reception and representation expenses (not to exceed
$5,000); and during the current fiscal year the Revolving
Fund, Corps of Engineers, shall be available for purchase
(not to exceed 100 for replacement only) and hire of
passenger motor vehicles.
General Provisions, Corps of Engineers--Civil
Sec. 101. (a) Except as provided under subsection (b), none
of the funds provided under this title shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act; or
(5) increases or reduces funds for any program, project, or
activity by more than $2,000,000 or 25 percent, whichever is
less;
(b) Subsection (a)(1) shall not apply to any project or
activity authorized under section 205 of the Flood Control
Act of 1948; section 14 of the Flood Control Act of 1946;
section 208 of the Flood Control Act of 1954; section 107 of
the River and Harbor Act of 1960; section 103 of the River
and Harbor Act of 1962; section 111 of the River and Harbor
Act of 1968; section 1135 of the Water Resources Development
Act of 1986; section 206 of the Water Resources Development
Act of 1996; sections 204 and 207 of the Water Resources
Development Act of 1992; or section 933 of the Water
Resources Development Act of 1986.
Sec. 102. None of the funds made available in this title
may be used to award any continuing contract or make
modifications to any existing continuing contract that
commits an amount for a project in excess of the amounts
appropriated for that project that remain unobligated, except
that such amounts may include any funds that have been made
available through reprogramming to that project pursuant to
section 101 of this Act.
Sec. 103. (a) None of the funds provided in this Act shall
be available for operation and maritime maintenance of the
hopper dredge McFarland.
(b) Subsection (a) shall not apply to funds required for
the decommissioning of the vessel.
Sec. 104. The Secretary of the Army, acting through the
Chief of Engineers, is directed to reduce by 35 percent the
full-time employees at the Sacramento District Regulatory
Division office of the Corps of Engineers.
Sec. 105. None of the funds appropriated in this Act or any
other Act may be used to conduct a public-private competition
or direct conversion under the OMB Circular A-76 or any other
administrative regulation, directive, or policy for any Corps
of Engineers program, project or activity.
Amendment No. 23 Offered by Mr. Sessions
Mr. SESSIONS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 23 offered by Mr. Sessions:
Strike section 105.
Mr. SESSIONS. Mr. Chairman, my amendment would strike section 105 of
this legislation which as drafted would prevent the funds spent by this
bill from being used to conduct public-private competitions or to
direct A-76 conversions for any Army Corps of Engineers program,
project, or activity.
This underlying language would present an enormous setback for
competition in government sourcing, costing the Federal Government
millions of dollars a year by preventing private sector contracting in
the Army Corps of Engineers for everything from janitorial and food
services to the engineering and design of locks and dams which private
sector contractors have done competitively for years at the Federal,
State, and local levels.
{time} 1400
While this policy may be good for increasing dues payments to public
sector union bosses, it is unquestionably bad for taxpayers and for
Federal agencies because these agencies will have less money to spend
on their core missions if the opportunity to use competition and
private sector efficiencies is taken away from them.
In 2006, Federal agencies competed only 1.7 percent of their
commercial workforce, which makes up less than one-half of 1 percent of
the entire civilian workforce. This very small use of competition for
services is expected to generate savings of $1.3 billion over the next
5-10 years.
Competitions completed since 2003 are expected to produce almost $7
billion in savings for taxpayers over the next 5-10 years. This means
that taxpayers will receive a return of about $31 for every dollar
spent on competition, with an annualized expected savings of more than
$1 billion.
At the Corps, in 2006 three public/private competitions were
competed, involving IT support, financial services, and public works.
The largest of these, dealing with IT support services, has a
projected savings of $960 million over a 6-year period. By introducing
competition and leveraging the government's size to reduce equipment
maintenance and replacement, the government will now be able to save
almost $1 billion, but without my amendment, similar future efforts
will be impossible.
Mr. Chairman, in this time of stretched budgets and bloated Federal
spending, Congress should be looking to use all of the tools it can to
find taxpayer savings and to reduce the cost of services that very
easily can be found in the Yellow Pages.
I insert into the Record at this point a letter of support for this
amendment from the American Society of Civil Engineers and a letter of
support for the amendment from the Council on Federal Procurement of
Architectural and Engineering Services.
American Society
of Civil Engineers,
Washington, DC, June 19, 2007.
Hon. Pete Sessions,
Longworth House Office Building,
Washington, DC.
Dear Congressman Sessions: The American Society of Civil
Engineers (ASCE) is writing to support your amendment to H.R.
2641 that would strike language prohibiting the U.S. Army
Corps of engineers from conducting any public-private
competition or direct conversion under OMB Circular A-76.
ASCE believes that section 105 of the bill as reported
effectively would stop the USACE from employing engineers in
the private sector. Such a provision is contrary to sound
public policy. We think federal, state, and local government
agencies responsible for major civil engineering works must
maintain professional engineering expertise within their
organizations by employing civil engineers and providing for
their professional development. Nevertheless, public sector
engineering projects that can be accomplished more
efficiently by private engineering firms should be contracted
out with proper oversight by the public agency. The ratio of
in-house engineering to contracted engineering services
should be based upon an assessment of the agency's continuing
project and policy requirements rather than on rigid rules or
percentages fixed by legislation or regulation. We urge all
Members to vote ``yes'' on the Sessions amendment to strike
section 105 from H.R. 2641.
If ASCE can be of further assistance, please do not
hesitate to contact me or Michael Charles.
Sincerely yours,
Brian Pallasch,
Director of Government Relations.
____
Reston, VA,
June 19, 2007.
Hon. Pete Sessions,
House of Representatives,
Washington, DC.
Dear Representative Sessions: The Council on Federal
Procurement of Architectural and Engineering Services
(COFPAES) is a coalition of the nation's design
professionals. Our combined membership of over
[[Page 16250]]
1,000,000 individual practitioners from the private sector
and public service are part of our member organizations--
American Congress on Surveying and Mapping, American
Institute of Architects, American Society of Civil Engineers,
Management Association for Private Photogrammetric Surveyors
(MAPPS), and National Society of Professional Engineers.
COFPAES strongly supports your amendment to H.R. 2641 the
Energy and Water Appropriations Act for fiscal year 2008. We
oppose the language currently in the bill that would
effectively prohibit the U.S. Army Corps of Engineers from
contracting with the private sector.
COFPAES has long advocated a balance between the in-house
capabilities of the Corps of Engineers and contracting with
firms in the private sector. We believe the language in H.R.
2641 would prohibit achieving such a balance. We believe
there is the need for a core, in-house capability in the
Corps, and utilization of the professional expertise in the
private AlE community.
Current law, 33 U.S.C. 622 and 33 U.S.C. 624, already
protect both the taxpayer and Corps employees. Further
restrictions on use of the private sector are not necessary,
and indeed, would inhibit the ability of the Corps to utilize
private sector capabilities that the Corps needs.
We urge the House to approve your amendment and we thank
you for your leadership on this important issue.
Sincerely,
John M. Palatiello,
COFPAES Administrator.
Mr. Chairman, I urge all of my colleagues to support this commonsense
taxpayer-first amendment and to oppose the underlying provisions to
benefit public sector union bosses by keeping cost-saving competition
in the Army Corps of Engineers.
The CHAIRMAN. Does any Member seek time in opposition to the
amendment of the gentleman from Texas?
Does a Member seek time regarding the amendment of the gentleman from
Texas?
Mr. HENSARLING. Mr. Chairman, I move to strike the last word.
First I'm heartened that nobody has risen to oppose the amendment.
I've heard many of our colleagues on the other side of the aisle in a
different context criticize the administration for not always having
what they considered to be a sufficient competitive bidding process on
contracts, and so I'm a little curious how this language ended up in
the bill in the first place. But why wouldn't we want more competition?
Again, after our colleagues on the other side of the aisle helped put
in place the single largest tax increase in American history, and then
start to spend that money in our third appropriations bill that will
again grow government way beyond the rate of inflation, we had better
look for savings everyplace we can find it.
How can you criticize the administration for no-bid contracts, and
then here's an opportunity here for competitive bidding, to somehow
turn it down? So I don't know why this language is in the bill in the
first place, but I want to congratulate and commend the gentleman from
Texas for his amendment.
It has, I think, the potential to save the poor, beleaguered taxpayer
millions, if not billions, of dollars. Is there anything not more
ingrained in the American character than competition? We ought to try
to make these contracts as competitive as possible.
Again, we have to put this whole piece of legislation in context.
It's the third appropriations bill arising from a budget resolution
that calls for the single largest tax increase in American history,
approximately $3,000 of increased taxes for hardworking American
families as they try to meet their education needs, as they try to meet
their health care needs, as they try to meet their housing needs.
So I know there's a number of good programs that are contained within
this legislation. In many respects, we're not having a debate today
about how much money we're going to spend. We are debating who's going
to do the spending, and there are many of us on the floor today who
want to make sure that American families get to do more of that
spending.
We continue to kick this can down the road. It's simply unfair to
place such a tax burden on the American people. The average American
family already pays $22,000 a year combined in Federal taxes, and now
as the Democrat majority is promising to impose an additional $3,000 a
year in taxes, and then, even worse, because their budget resolution
from which this appropriation bill follows is silent on the issue of
what to do with out-of-control entitlement spending, which is putting
our sons and daughters, our grandchildren, on automatic pilot to have
their taxes doubled so they will never be able to afford their own
homes, send their kids to college, start their own business. As the
Comptroller General said, and I paraphrase, we are on the verge of
being the first generation in American history to leave the next
generation with a lower standard of living.
Now, I wish there was a lot more that we could do today within this
piece of legislation, but at least by adopting the amendment of the
gentleman from Texas, we will take a few small steps in doing what
every other American considers to be common sense, and that is to
ensure a maximum of competitive bidding, we would take at least a few
small steps towards trying to save the American people from this
increased tax burden that, again, subtracts from their dreams of their
first home, their dreams of launching a small business.
This is all part, again, of a budget that imposes the single largest
tax increase on the American people in history. After trying to spend
an additional $23 billion over the level spent last year, $6 billion
that was added to the omnibus, $17 billion added to the war
supplemental in nonemergency spending, the Democrat majority now is
going to allow unlimited emergency spending, giving Members practically
the ability to rubber-stamp anything with ``emergency.'' And not only
does their budget not do anything to reform entitlement spending, it
creates reserve funds that promises more entitlement spending, Mr.
Chairman, to make the problem even worse.
So we should all adopt the amendment of the gentleman from Texas. I
applaud his leadership. It's a small step, a commonsense step to try to
save the family budget from the Federal budget.
Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word.
I rise in opposition to the gentleman's amendment because I believe
the actions we have taken in the subcommittee will save the American
taxpayers' money.
I would first note that all A-76 studies performed by the Corps of
Engineers have been won by Corps employees. So the first question is:
Why do it?
The Corps is working under also an arbitrary numerical quota to
review certain numbers of jobs in certain time periods without research
and analysis. It would suggest that this is an arbitrary requirement
put into place by the Office of Management and Budget, and there is a
doubt, at least in this Member's mind, that it has been subjected to
analysis at OMB.
I also believe that historically there has been opposition in this
body to privatization. That has been bipartisan. I would point out that
from a monetary standpoint, that the cost of these studies often
exceeds the benefits; and of those functions that are easily contracted
out, the remainder are difficult to separate into contractible and
governmental function groups.
The fact is that the committee recommendation allows the Corps to
continue with high-performing organization studies which follow the
same study process, with similar results, without incurring the
additional time and costs associated with contracting competitions.
So what we would want to do is to use those high-performing
organization studies, apply less cost to the taxpayers and to move this
process along. I am opposed to the gentleman's amendment.
Mr. PRICE of Georgia. Mr. Chairman, I move to strike the last word.
I was compelled to come and talk just a little bit about this
amendment, which I commend my friend from Texas for offering, because
I've been surprised at the rapidity with which the new majority has
regained their old stripes that they lost 12-plus years ago.
We were sitting in committee the other day and marking or finishing
the prospects of a bill that we're passing out of the Education
Committee, and it
[[Page 16251]]
turns out that there was more estimated revenue that came into the
Federal Government and was eligible for appropriation by the committee.
And so the majority party, within very short order, stated that they
had found hundreds of millions of new dollars and they were offering an
amendment to recognize that, in fact, they had found hundreds of
millions of new dollars; and then, within seconds, appropriated or
authorized the spending of the hundreds of millions of new dollars.
So I was somewhat bemused by that and made the comment at the time
that I was pleased that they had found the hundreds of millions of new
dollars; I was somewhat surprised that they had spent it so rapidly.
And so I would draw your attention, Mr. Chairman, to the fact that an
issue, a process by which the Federal Government has been utilizing to
save hundreds of millions of dollars and, yes, billions of dollars, as
stated by the gentleman from Texas, that of providing for competitive
bidding, is an appropriate process. It's an appropriate process for our
Federal Government to use. It's a responsible process so that we may
spend hard-earned taxpayer dollars wisely. And so I'm distressed that
this bill would include a section that would preclude competitive
bidding.
As everyone knows and understands kind of inherently, there are many,
many things that the private sector can do much more reasonably and
responsibly and efficiently and without significant expenditure of
resources than can the public sector. And so it just makes no sense to
me, and certainly no sense to my constituents back in the Sixth
District of Georgia, that we would adopt a new measure that would
provide that we ought not have competitive bidding.
But I think it points out a significant distinction, a difference
between the two parties. The minority party believes that it's
appropriate to have competitive bidding, that it's appropriate to
utilize the full robust nature of the private sector whenever possible,
in some instances it's not possible, but whenever possible in order to
save hard-earned taxpayer money.
The majority party apparently believes, given that this is included
in the bill, that that's not an appropriate concern of the Federal
Government, that we ought not be looking for all efficiencies possible,
and I think that's an appropriate distinction to draw.
I think it's a conclusion that, obviously, Mr. Chairman, the American
people will draw given this provision in the bill. It's a distinction
that I would suggest the American people weren't aware of when they
went to the polls last November. It's a distinction I do believe,
however, they will be paying attention to as future elections arise.
But I just want to commend my friend from Texas for this remarkably
commonsense amendment, for appropriately reviewing the legislation and
identifying those areas where, in fact, savings could occur; and part
of our responsibility certainly is providing money for the necessary
activities of the Federal Government, but it's also part of our
responsibility to be as prudent as we can with hard-earned taxpayer
money.
I also want to commend my other friend from Texas, who was here just
before me, talking about the importance of providing the distinction in
the majority party already passing a budget that has the largest tax
increase in the history of our Nation.
{time} 1415
That, again, is evidence of their return to the previous stripes that
they had 12-plus years ago.
I am pleased to join my colleague from Texas in this commonsense,
wise, fiscally prudent, and fiscally responsible amendment.
I urge my colleagues to adopt the amendment.
Mr. GARRETT of New Jersey. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, I come to the floor to speak in favor of this very
important amendment.
Serving on the Budget Committee, as I have the honor and privilege of
doing, I see the relevance of addressing such an amendment as this,
that goes to the very heart of the principles that Republicans bring to
the handling of the budget.
As the previous gentleman just ended his remarks, I will begin mine.
What we have seen in the last several weeks with regard to the
legislation that is coming down, what I have seen as a member of the
Budget Committee, gives us, this House, the largest tax increase in
U.S. history, a breaking of the promises under rules that have been
made during the past campaign, the establishment, which we were able to
defeat this past week, of the creation of slush funds to hide some of
those dollars going forward.
Why is all of that relevant to the amendment that is here before us?
From a very practical purpose, when a family or a small business sets
about to handle its daily budget, how do they do so? They do so from a
logical perspective in deciding what is in the best interest of that
family as far as the purchases they make, or when a business sets out
to create its budget for the year ahead and the purchases that it will
be required to make.
How does it do so? It does so on a logical, regional basis. It looks
out at all the purviews and the parameters of the opportunities before
them, and then decides what is best for their family or for their
business.
You can say a family does a competitive bidding process, although the
average family probably doesn't think of it that way. When they do
their shopping from grocery store to grocery store, or from Wal-Mart to
Target or to Kmart or wherever else, they are, in fact, engaging in a
competitive business process, business nature, if you will.
When a business does it, a small business, which is the backbone of
the American economy, they engage in a competitive business bidding
process as well. They know what they need in order for their business
to survive in this year and this quarter and the years ahead. They know
what the parameters are and the order that they must meet. They will go
out and about and engage in a competition, if you will, between the
options that are out there before them and decide which one works best
for them, which is at the best price, which is the most economical and
which is the most efficient.
If the family budget can make these decisions, if the small
businesses of this country can make those decisions, then I think it's
incumbent upon us here in this House, this House of the people, to
make, likewise, those decisions in the same manner as well. As the
gentleman from Texas often says, the focus should be on the family
budget and not on the Federal budget.
Likewise, when it comes to the way we handle the taxpayers' dollars,
the focus should be on the same way the family and the small business
handle their budget and their procurement, instead of the role and the
methods we have done in the past.
That's why I come to the floor this afternoon in support of the other
gentleman from Texas (Mr. Sessions), his amendment today. Because
that's simply what this amendment will do, will strike section 105 from
the bill and that is the section which prohibits funds from being used
under OMB's circular 876, which is basically the outsourcing proposed
process: ``to process or approve a competition with regard to the Army
Corps of Engineers.''
By striking this provision, OMB would be allowed to use a competitive
process in conducting private-public competition to determine who, the
government agency or a private business, performs certain activities.
Just think for a moment, if we were to engage in such activities, how
much further the hard-earned tax dollar of the American public could go
in this House, in this American economy that we have. Just think how
many more of these necessary programs that we are called upon to
support could be engaged in and provided.
Now, I come from the great State of New Jersey, a State that
oftentimes has to look to the core and to the Federal Government for
various programs to provide for the health and safety of the citizens
of not only my district but my State as well.
[[Page 16252]]
Think for a moment how much further we would be able to go in
providing these services to the State in my district and my county, and
through the State of New Jersey as well. Think of how much further we
could go if we could be able to provide these services in a more
economical and efficient basis.
The amendment before us does that. It will allow for the operation of
the Federal Government to engage itself the same way as a small
business does, the same way as a family budget does.
Closing then, bringing this all back to my opening comments with
regard to what we have seen at the beginning of the process with the
Democrat budget and what we have seen in the past several weeks with
regard to the largest tax increase for the American family in U.S.
history, what this amendment will do is drive down the pressure on this
government to raise taxes on the backs of American families.
Mr. CAMPBELL of California. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, I was not going to speak on this amendment. I was
somewhat encouraged by the silence on the other side of the aisle when
it originally came out.
But then when the majority party indicated that they are going to
oppose this amendment, I have to stand up and say just, at least, one
thing. We are going to have some amendment debates later today about
how much money to spend on various programs and how much to spend on
various things and how much to spend overall on this bill, whether we
should be spending more of the taxpayers' money on things or less of
the taxpayers' money on things.
We are going to have that debate today and tomorrow and the next day,
and there are certainly disagreements between the majority side and the
minority side on those issues as to whether we should tax people more
and spend their money or tax people less and let them spend their own
money.
But, interestingly, this amendment isn't about that. This amendment
doesn't change the funding in the bill. It simply says we ought to have
a mechanism to make the money that's there go farther.
I really don't understand why my Democratic colleagues would have
some ideological objection to that. If we are going to spend a certain
amount of money on a program, regardless of what that program does,
couldn't we all agree that we would like it to do as much as it can
with that amount of money?
Certainly, if we allow private contractors, or contractors, the
opportunity to say, hey, we can do this thing for less money, and we
can do the same thing, and the agency determines that it's the same
thing for less money, wouldn't we want them to do that?
This, actually, is not about spending less money. We will get to that
later. But this is about having the money we spend go farther.
I mean, it's just like for people, Mr. Chairman, that are watching at
home, imagining that, well, I am going to go out and, you know, get dry
cleaning today, but I don't care how much it costs, and I don't care if
the place next door does it cheaper, and they are every bit as good or
better. I don't care, I am going to use the more expensive place
because we are not going to make competition.
Mr. VISCLOSKY. Would the gentleman yield? I have an inquiry of the
Chair.
The Acting CHAIRMAN (Mr. Pomeroy). Does the gentleman from California
yield to the gentleman?
Mr. CAMPBELL of California. I will yield.
The Acting CHAIRMAN. The gentleman from Indiana is recognized.
Mr. VISCLOSKY. Is it correct to reference people watching House
proceedings on television, or are we not supposed to do that?
Mr. CAMPBELL of California. Mr. Chairman, I believe that I clearly
said, ``Mr. Chairman, people who see this may wonder.''
The Acting CHAIRMAN. The gentleman will address his remarks to the
Chair.
Mr. CAMPBELL of California. I did, I believe. Thank you.
Mr. Chairman, whether it's you, or anyone in this room or whoever, we
have money that we spend on things, and we like to shop to see if we
are getting the best price, getting the same product or as good a
product or a better product for the best price. That's what this
amendment says, is that we're going to allow people to shop or get the
better product for the best price.
Mr. Chairman, it is beyond me why the majority party would object to
something so sensible, so reasonable in being a steward of the
taxpayers' dollars.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Texas (Mr. Sessions).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. SESSIONS. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.
The Committee will rise informally.
The Speaker pro tempore (Mr. Serrano) assumed the chair.
____________________
MESSAGE FROM THE PRESIDENT
A message in writing from the President of the United States was
communicated to the House by Ms. Wanda Evans, one of his secretaries.
The SPEAKER pro tempore. The Committee will resume its sitting.
____________________
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT,
2008
The Committee resumed its sitting.
The Acting CHAIRMAN. The Clerk will read.
The Clerk read as follows:
TITLE II--DEPARTMENT OF THE INTERIOR
Central Utah Project
Central Utah Project Completion Account
For carrying out activities authorized by the Central Utah
Project Completion Act (titles II through VI of Public Law
102-575), $41,380,000, to remain available until expended, of
which $976,000 shall be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah
Reclamation Mitigation and Conservation Commission.
In addition, for necessary expenses incurred in carrying
out related responsibilities of the Secretary of the
Interior, $1,620,000, to remain available until expended.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
Water and Related Resources
(including transfers of funds)
For management, development, and restoration of water and
related natural resources and for related activities,
including the operation, maintenance, and rehabilitation of
reclamation and other facilities, participation in fulfilling
related Federal responsibilities to Native Americans, and
related grants to, and cooperative and other agreements with,
State and local governments, federally recognized Indian
tribes, and others, $871,197,000, to remain available until
expended, of which $57,615,000 shall be available for
transfer to the Upper Colorado River Basin Fund and
$26,825,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts
as may be necessary may be advanced to the Colorado River Dam
Fund; of which not more than $500,000 is for high priority
projects which shall be carried out by the Youth Conservation
Corps, as authorized by section 106 of Public Law 91-378 (16
U.S.C. 1706): Provided, That such transfers may be increased
or decreased within the overall appropriation under this
heading: Provided further, That of the total appropriated,
the amount for program activities that can be financed by the
Reclamation Fund or the Bureau of Reclamation special fee
account established by section 4(i) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)) shall be
derived from that Fund or account: Provided further, That
funds contributed under the Act of March 4, 1921 (43 U.S.C.
395) are available until expended for the purposes for which
contributed: Provided further, That funds advanced under the
Act of January 12, 1927 (43 U.S.C. 397a) shall be credited to
this account and are available until expended for the same
purposes as the sums appropriated under this heading.
[[Page 16253]]
Amendment No. 22 Offered by Mr. Hensarling
Mr. HENSARLING. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 22 offered by Mr. Hensarling:
Page 11, line 21, after the dollar amount, insert
``(reduced by $55,000,000)''.
Mr. HENSARLING. Mr. Chairman, again, this amendment, as some previous
amendments have, attempts to make a very, very modest step towards
saving the family budget from the single largest tax increase in
American history.
Specifically, over the requested level or the level in the bill, this
would reduce funding for Interior's Water and Related Resources account
to the President's request from roughly $871 million to $816 million,
representing a $55 million savings to the American taxpayer. This
account has been a traditionally earmarked account for certain water
restoration activities in 17 Western States.
The bill's current funding level represents a 6.7 percent increase
over the President's request. Again, I am sure this account funds many
worthy projects.
But we need, I believe, a number of us believe we need a road map to
try to bring fiscal sanity to the House in an appropriations bill that
is already increasing spending twice the rate of inflation. So now we
are having a debate over $816 million, as proposed by the
administration, which I am sure many in this body might think is an
overly large number when we recognize that money is coming from
hardworking American taxpayers, but a difference of $816 million versus
$871 million.
Again, as the majority in their budget resolution enacts the single
largest tax increase in American history, they are asking American
families to somehow do more with less. Don't we believe that the
Federal Government ought to try to do more with less, and, in this
case, we still have an increase, 6.7 percent increase over the
President's request.
As I have taken to the floor on other occasions during this debate,
we should never, ever forget that although something good can be done
with the taxpayers' dollars in this account, I have no doubt, we have
to remember the hardworking American families back home and how the
single largest tax increase in history, which is funding this third
appropriation bill, still twice the rate of inflation, we have to
remember, we have to remember how this bill impacts them.
I sent out a letter to my constituents asking them how this tax
increase of the Democrat majority would impact them.
{time} 1430
I heard from Bruce in Garland. Garland's a city in my district. He
said, ``In my particular case, an additional $2,200 in taxes would cut
into the finances I used to pay for my son's college education. A
control and reduction of spending is what is needed.''
Again, Mr. Chairman, what we realize is as we plus-up some Federal
account, we are downsizing some family account. In this case, we're
affecting a family's education account.
I heard from Joy in the city of Dallas. I represent the eastern part
of the city of Dallas. She writes, ``I could not pay for a semester of
college for my daughter if I had to send more money to the
government.''
So as this account's getting plussed up by twice the rate of
inflation, here are two individual families, just two out of millions
across America, who are having their education accounts gutted by the
plus-up in this particular bill.
I heard from Linda, also from the city of Garland. ``If we had to pay
an additional $2,200 each year, it would make us have to decide between
food or medicine.''
I've got a whole host of these letters, Mr. Chairman, to remind every
Member in this body that as we talk about all the noble purposes we
have for the American taxpayers' money, they too have noble purposes.
They have health care programs in their family, they have education
programs in their family, they have energy bills and programs in their
family, paying their heating bills, their cooling bills, filling up
their automobile. So certainly we could take one modest step in saving
the taxpayer $55 million and plus-up the water and related resources
account, a traditionally earmarked account. And we had a very vigorous
debate over earmarks here recently, their transparency, their
accountability.
But surely we could agree to hold to the President's level and try to
save the family budget from the onslaught of the Federal budget.
Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word.
I rise in opposition to the gentleman's amendment. Mr. Chairman, the
water and related resources account funds Reclamation's core missions
of delivering water to citizens of this country, to those who till the
soil in our country, and for generating hydropower.
Given the growing need for water supplies in the 17 Western States of
this country, I certainly believe it is critical that the Nation invest
now in water reclamation and reuse projects for the future.
This account also provides very important funds for rural water
supply projects for tribal and rural communities, contributing to
meeting the United States' trust responsibilities to Indian
reservations through the delivery of safe drinking water.
I share the gentleman's concern about health programs in the United
States, and I can't think of anything more important than ensuring that
people in 17 different States of this country have clean water to
drink. And how shortsighted it would be to cut programs that provide
clean drinking water for human health, so that we can spend untold sums
of money on their health care after they get sick. If you want to talk
about something that is penny-wise and pound-foolish, we have found it
this afternoon.
This is a health amendment. If we take these moneys away, we will do
a disservice to the health of the people who live in these regions. As
with the Corps of Engineers, Reclamation's infrastructure is aging, and
it has increasing requirements for proper and adequate maintenance of
its infrastructure.
But 17 States cover a large area and swath of the continent. But I'm
just wondering which citizens in which communities are we going to tell
we just can't help you this year because we might have accepted the
gentleman's amendment. Are we going to tell people in Wichita, Kansas,
the Wichita Cheney program that maybe they're not going to get all of
their money?
Are we going to tell people at Lakehead, Nevada that well, we had to
make a cut of $55 million, and you're just not going to have the
resources you need?
Or people in Oregon for the Crooked River project, are we going to
tell them well, there's just not enough money now?
Are we going to, in the State of Colorado, tell people in Pine River
that we had to make a cut?
In Texas, are we going to tell people for the Canadian River project
that there just wasn't enough money to go around, or at Moon Lake in
the State of Utah that we're sorry, Congress dropped the ball? Or for
the Colombia River Basin project, that somehow there was a shortfall in
us meeting our responsibilities?
The gentleman's correct. This is a health amendment. This is clean
drinking water for people who live in 17 States in the United States of
America provided through infrastructure that is aging. We have a
responsibility to invest in that, and that is why I'm strongly opposed
to the gentleman's amendment.
Mr. GARRETT of New Jersey. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, I rise in support of the gentleman from Texas for this
amendment. And let me begin where the gentleman from the other side of
the aisle concluded when he asked the question? What if there is not
enough money to go around?
[[Page 16254]]
That is a question that we ask here in Congress in the House all the
time. What if there's not enough money for my pet project to go around?
What if there's not enough money for this earmark to go around?
What if there's not enough money for this brand-new program to go
around?
But let me suggest to you that there's another variation of that
question that we would be mindful of, and that is the families back at
home that we represent. When the mom and dad sits at their dining room
table at the end of each week with their checkbook out, paying their
bills, be it for the electric bill, some other utility or heating bill,
their rent or their mortgage, their food bill, their health or
education bill for their children, or any other vital bill that that
family has, and the husband looks over to the wife, and they realize
that they have all these stacks of bills in front of them, and they
have more bills than they have money in their checking account, and the
wife asks the husband, what now, because there's not enough money to go
around, what does that family do?
Who does that family turn to when there's not enough money to go
around?
I can tell you where this Congress turns to when we say there's not
enough money to go around. When we say there's not enough money to go
around, what this House has done, or at least in the new budget that
was presented in the Budget Committee which I serve on, by the other
side of the aisle, what the Democrats propose to do is to simply raise
taxes. And as we have seen in the proposed budget from the other side
of the aisle, it is now the largest tax increase in U.S. history, on
the backs of America's families, on the backs of that very same husband
and wife who is sitting there saying to themselves, there's not enough
money to go around to pay our bills, to pay our mortgage, to pay our
health care bills, to send our kids to go to school.
They can't raise taxes on anybody else. They can't go out to their
neighbors and say, we can't afford food this week, we can't afford our
rent this week. We can't afford to send our kids to the colleges we
want to, so we're going to raise taxes on you. They can't do that. But
somehow or other, Members of Congress think when they get elected
around here, that we can do that by raising taxes, the largest tax
increase in U.S. history, that somehow or other that we're entrusted to
do such things and create slush funds and the like.
Well, I stand before you and say that no, that the American public
has sent a message to us, to both sides of the aisle, to Republicans
and Democrats alike. Yes, the Democrats are now in charge, Mr.
Chairman, of this House. And they are so because the American public
spoke this last November, quite candidly, because perhaps the
Republicans weren't listening well enough during that period of time.
But I can tell you this, and those who listen to us on this floor
today, the Republicans are listening very well right now, and the
Democrats are not listening very well. The voters sent us a message in
November and said enough is enough. We have to be concerned about the
family budget sometimes instead of the Federal budget. We have to put
the focus on the moms and dads out there being able to pay their bills
for their kids' health care and the like, instead of always worrying
about ever-increasing budgets on the Federal level.
Now the proposal that is before us to look at would simply look to
save a few million dollars out of a several trillion dollar budget,
something that most Americans, myself included, can't really get our
arms around when you think about how large this budget is. In a way,
it's just a drop in the bucket when it comes to the budgets back here.
But to the budget of the family at home, that's still a lot of money.
The proposal that the good gentleman from Texas proposes here right
now would simply try to rein in spending in such the smallest of ways,
but it would be a good step in the right direction. It would be saying
to the voters from last November, we heard you; we have to put the
focus on the family budget, we're going to try to live within our
means.
And even when we are dealing with important issues, such as the
gentleman from the other side of the aisle raised, whether it's water
resources or the like, we're going to fund those programs. We're going
to take care of those programs, but we're going to do it in an
efficient and a manageable manner, and we're going to do so in a way
that is not a burden on the American family budget any longer because
we have heard you, and we realize that there will never be enough
dollars for every single program that every single Member of Congress
and the Senate come up with. But we are going to prioritize them, put
them in order of importance, put them in an order that are most
significant to the American family, fund those programs to the levels
that are necessary. And the rest, we are going to do just as every
family in America has to do, set limits on what we are going to spend
on, set limits on how much we are going to spend, and live within our
means.
So to the good gentleman, Mr. Hensarling from Texas, I commend you
for your work in trying to have this House live within its means.
Mr. SERRANO. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I'd like to yield to our distinguished chairman.
Mr. VISCLOSKY. I appreciate the gentleman from New York yielding, and
would simply reference the last speaker's assertion about pet projects
and referencing those to the projects that I enumerated in my remarks.
The fact is, I was enumerating projects on page 42 of the committee
report, and 43 on the committee report, and page 44 on the committee
report, and page 45 on the committee report that were submitted by the
President of the United States.
Mr. PRICE of Georgia. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I find the most recent comment of our good friend on
the other side rather amusing, as the President is charged with
executing the policies that this Congress puts in place; and heaven
forbid, that he or whoever might occupy that office, might have certain
priorities that they would want to bring about to, in fact, execute the
policies that have been passed by this Congress.
But be that as it may, I want to commend my good friend from Texas
for bringing this amendment forward. I think that the amendment itself
highlights truly the fallacy of the process that we're under. And that
is, as my good friend from New Jersey just mentioned, that we fail in
this Congress, at least the majority party fails in this Congress to
prioritize spending in a way that passes a test that I believe the
American people would be proud of or be pleased with.
The point isn't, as my good friend from Indiana has stated, the
specifics of the project that he identified. That is not the point of
the debate that we would rise to engage in. The point is that when is
enough enough? When is it that we, as a Federal Government, take hard-
earned tax money out of the pocketbooks and the back pockets of
Americans and say, okay, that's all we need.
Clearly, this new majority has said that we can't get enough. We
can't get enough. And consequently, they have adopted, in this past 6
months, a budget that includes the largest tax increase in the history
of our Nation, the largest tax increase in the history of America.
And I have friends at home who say, well, that wouldn't be so bad if,
in fact, they were solving real problems. But, Mr. Chairman, as you
well know, the challenge of the Federal spending, the challenge of the
budgetary process is the automatic programs, the entitlement programs,
the mandatory programs, Social Security, Medicare and Medicaid, which
comprise 54, 55 percent of our Federal budget.
And the budget that this new majority passed that included the
largest tax increase in the history of our Nation did nothing, said
nothing about how to reform those programs; how to make certain that
Social Security, which is a program that is challenged to be
charitable, challenged from a process standpoint, to be able to provide
a safety net
[[Page 16255]]
for those young citizens across our Nation who are in their 20s and
30s.
{time} 1445
It is a program that will not have those kinds of resources without
structural change, and so the majority party passes a budget with the
largest tax increase in the history of our Nation and says nothing, it
is mute, as it relates to Social Security reform. Mr. Chairman, I don't
think that is what the American people sent us to Washington to do. I
think they sent us to Washington to solve real problems.
As a physician prior to coming to Congress, one of the huge
challenges that we face is the provision of health care and health
insurance for our citizens. And, consequently, the other two limbs of
the budgetary challenge that we have, Medicare and Medicaid, huge
problems, huge challenges from a financial standpoint. They require
structural change. However, this majority passed in their budget, again
the largest tax increase in the history of our Nation, nearly $400
billion, and said nothing, nothing about structural reform to those
programs that are imperative for the healthiness of our Nation.
So when we talk about our concern regarding spending, it is not
necessarily the specifics of a given paragraph within a spending bill.
The specifics are the overall amount of money that we are spending as a
Federal Government and the fact that we are ignoring, this Congress is
ignoring, the true financial challenges that face us as a Nation.
So I rise to commend my friend from Texas for offering an amendment
that I think brings focus to where the debate ought to be, and that is
to challenge each and every Member of this body and each and every
Member of the Senate to make certain that before we end our time here
this fiscal year, to make certain that the budget for fiscal year 2008
is as responsible as it can be, that we address appropriately those
huge financial challenges that we have as a Nation and be much more
responsible with taxpayer money and make certain that we allow
Americans to keep their hard-earned taxpayer money in their back pocket
and in their pocketbooks.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Texas (Mr. Hensarling).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. HENSARLING. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.
The Clerk will read.
The Clerk read as follows:
Central Valley Project Restoration Fund
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the
Central Valley Project Improvement Act (title XXXIV of Public
Law 102-575), $59,122,000, to be derived from such sums as
may be collected in the Central Valley Project Restoration
Fund pursuant to sections 3404(c)(3), 3405(f), and 3407(d) of
the Central Valley Project Improvement Act (Public Law 102-
575), to remain available until expended: Provided, That the
Bureau of Reclamation is directed to assess and collect the
full amount of the additional mitigation and restoration
payments authorized by section 3407(d) of the Central Valley
Project Improvement Act: Provided further, That none of the
funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the
water is already committed to in-stream purposes by a court
adopted decree or order.
California Bay-Delta Restoration
(including transfer of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act (Public Law
108-361), consistent with plans to be approved by the
Secretary of the Interior, $40,750,000, to remain available
until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate
accounts of other participating Federal agencies to carry out
authorized purposes: Provided, That funds appropriated herein
may be used for the Federal share of the costs of CALFED
Program management: Provided further, That the use of any
funds provided to the California Bay-Delta Authority for
program-wide management and oversight activities shall be
subject to the approval of the Secretary of the Interior:
Provided further, That CALFED implementation shall be carried
out in a balanced manner with clear performance measures
demonstrating concurrent progress in achieving the goals and
objectives of the Program: Provided further, That $5,000,000
shall be transferred to the Army Corps of Engineers to carry
out further study and implementation of projects that
contribute to the stability of the levee projects authorized
under section 103(f)(3) of the Water Supply, Reliability,
Environmental Improvement Act (Public Law 108-361).
Policy and Administration
(including transfer of funds)
For necessary expenses of policy, administration, and
related functions in the office of the Commissioner, the
Denver office, and offices in the five regions of the Bureau
of Reclamation, to remain available until expended,
$58,811,000, to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That
no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses: Provided further, That, of the funds
provided under this heading, $10,000,000 shall be transferred
to ``Water and Related Resources'' upon the expiration of the
60-day period following the date of enactment of this Act if,
during such period, the Secretary of the Interior has not
submitted to the Committees on Appropriations of the House of
Representatives and the Senate the Bureau of Reclamation's
five-year budget plan.
Amendment Offered by Mr. Lamborn
Mr. LAMBORN. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Lamborn:
Page 14, line 18, after the dollar amount insert ``(reduced
by $1,236,000)''.
Mr. LAMBORN. Mr. Chairman, as we continue to wade through these
massive and costly spending bills, my commitment to the American
taxpayer remains strong. I signed a pledge to uphold a Presidential
veto of any spending bill that exceeds the President's requested level
of funding. Hopefully, we can contain some of this out-of-control
spending and pass fiscally responsible legislation; but if not, I
intend to honor that pledge.
This appropriations bill would increase spending for energy and water
projects by $1.1 billion more than the President's budget request and
seeks to increase spending by more than $1.3 billion over last year's
fiscal 2007 Energy and Water appropriations bill.
We have an opportunity to demonstrate restraint by reducing the
amount that the government spends, not increasing it. At a time when
the Federal Government faces an $8.8 trillion national debt, we have a
real opportunity to show the American people that we can be fiscally
disciplined and that we will reduce this deficit. Increasing the size
of government or bureaucracy will not help this reduction effort.
My commonsense amendment would simply maintain the Policy and
Administration account under the Bureau of Reclamation at fiscal year
2007 levels, representing a $1.2 million reduction from $58.8 million
to $57.6 million. That is the same as last year's budget. Given that
this funding level was appropriate for last year's budget and our
Nation needs to reduce Federal spending, this commonsense restraint
should be acceptable.
This amendment is not critical of the Bureau of Reclamation or its
employees, who actually help deliver water to parts of my district and
are important to the State of Colorado and to the entire West. It would
simply require the Federal Government to operate the way any deficit-
laden business would. A private sector company experiencing the same
deficits the Federal Government is facing would not increase its
deficit. It would simply cut spending or go out of business. A family
on a tight budget finds ways to go without, and we should explore every
opportunity to be fiscally responsible as well.
This amendment is the first step of many necessary steps enforcing
fiscal discipline and sanity upon the Federal Government and out-of-
control Federal deficit spending. We must restore fiscal discipline and
assure the American people that we are doing whatever is necessary to
reduce our national debt. To do this, we must find commonsense and
innovative new ways to do more with less.
The American people have asked Congress to rein in Federal spending
and tighten its belt. This reasonable amendment does just that, and I
urge its adoption.
[[Page 16256]]
Mr. GARRETT of New Jersey. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, I come to the floor in support of yet another good and
commonsense amendment. Good and common sense because it asks of this
Congress to do the very same thing that any family in America and any
small business in America would do under similar circumstances.
The American public right now is looking at, as we have already seen,
the largest tax increase in U.S. history. And let me just take a
moment, though, before I go into the particulars on this amendment to
explain how that impacts upon the average American family.
There was an article in the New York Times several months ago after
the Democrats proposed their budget, which is inclusive of what we have
here before us, to say how would this, the largest tax increase in
American history, impact a family of four, the average American family
of four maybe in the Fifth Congressional District, maybe in Bergen
County, which is one of the great counties of New Jersey that I
represent, an average family of four, four individuals, making around
$70,000, which I should point out by no means in the great State of New
Jersey would be considered by most people an affluent family. That
family would see their taxes, because of this underlying legislation
combined with the overall budget, go up by upwards to $1,500, $1,600
year. That would mean $1,500 or $1,600 more coming to the Federal
Treasury into the Federal checkbook as opposed to being able to stay in
the family checkbook. That means $1,500 or $1,600 more coming down to
the Washington bureaucrats as opposed to being able to remain in the
family checkbook on the kitchen table where Mom and Dad are able to
decide should those dollars be spent on their son's college education,
on their daughter's health care expenses, on their in-laws' necessary
expenses that they must share with, whatever else, to Washington as
opposed to the family budget.
Now, the good gentleman from Colorado comes up with an amendment to
try to address that. If we are able to hold the line on overall
spending just as an average family would have to do, we would not see
the need for this, the largest tax increase in American history. And
what does the good gentleman from Colorado (Mr. Lamborn) do? Well, he
simply says hold the line on spending for, let us say, the bureaucrats,
if you will, all good men and women, I am sure, the people in the
policy and administration account under this bill, under the Bureau of
Reclamation, hold the spending at 2007 levels. By doing so, we will be
saving some money. That will represent a $1.236 million reduction, from
$58.8 million to $57.57 million.
Some of you may say in this grand scheme of things when we are
looking at our Federal budget upwards of almost $3 trillion, saving
$1.2 million is not that much. But the flip side of that argument is if
it really isn't that much of a cut, then it really shouldn't be that
much to bear for the Federal Government. If we are not really not
cutting that much, then the bureaucrats and the rest who have such a
huge budget as it is should not feel the squeeze that much. But all we
are asking them to do, like any other family does, is to live on their
budget for this year.
I ask how many Americans saw their income rise last year by one, two,
two-\1/2\ times the rate of inflation? I can tell you quite candidly
most of the people that I talk to in my district, unfortunately, did
not see their incomes rise that much, but yet that is what we are
asking them to do in the sense of higher taxes to pay for the increase
in spending for the overall budget that we have here.
Let me just conclude in the same way that the gentleman from Colorado
(Mr. Lamborn) does in his letter. He says, and I think these are the
most poignant words: ``We must restore fiscal discipline and assure the
American people that we are doing whatever is necessary to reduce our
national debt. To do this, we must find both commonsense and innovative
ways to do more with less. The American people have asked Congress to
rein in Federal spending and to tighten its belt. This reasonable
amendment does just that.'' And he asks us all from both sides of the
aisle, Republican and Democrat alike, to join with the gentleman from
Colorado to work to make sure that we do not have the largest tax
increase in American history, to work to make sure that we have a
system that is common sense, efficient, and appropriate on the Federal
level, just as we have asked for the American family at home.
Mr. SERRANO. Mr. Chairman, I move to strike the last word.
Mr. Chairman, it is amazing. If folks on the other side keep saying
tax increase, they are actually going to believe that there is a tax
increase.
What I notice is that they very rarely mention deficit because when
they do, they leave themselves open for discussion on the deficit. Yes,
there is a deficit and the American people are quickly finding that
out. The deficit was not created in the last less than 6 months that
Democrats have had control of this House. The deficit was created by
taking us into a war that we shouldn't have been involved in where
close to $600 billion has been spent, not to mention the loss of life,
not to mention the fact that when our troops come home over the next
10, 15, 20 years, we will be paying in deficit spending to make up for
medical care and all the needs that I certainly will be supporting for
them.
{time} 1500
Now, it's interesting, Mr. Chairman, how the other side mentions that
this bill spends money. Well, in a way that's redundant because that's
what the Constitution says the Appropriations Committee is supposed to
do. It is supposed to come to the Congress every year and spend
dollars. How much we spend, that's a discussion.
But if there was ever a place where you can justify a modest
increase, it would be when you deal with the energy issues in our
country. There are dollars here, no one is mentioning, for research.
There are dollars here to deal with the energy issue.
Now, every American knows that probably at the center of issues in
this country is the high cost of fuel in this country, whether for
driving or heating our homes. So when you take some of those tax
dollars and you spend them, a very modest amount, on research to see if
there is a way that in the future we can cut out our dependency on
foreign oil, that is a great investment. That is no different than
investing in a college or education for the children. It is the same
kind. But again, we are not going to hear that. What we are going to
hear is this repetition about how money is being spent, and that there
is a tax increase.
I don't remember a tax increase in the 6 months that we have been
here as Democrats. What I do remember that caused a deficit was, one,
the war; and two, that we did have a tax decrease in this country, a
tax cut, we did. But it wasn't for anybody that we know, certainly no
one I know. It was for millionaires and zillionaires, including some of
them who told us that they didn't even want a tax cut. Those are the
people.
So if indeed those tax cuts reach their sunset and die, I guess you
could play with words and say that taxes will go up. Yeah, for somebody
who has $100 million, he or she might pay more taxes later on. But the
working class, the people who are getting help for their education, the
folks that are getting a better deal on energy propositions in the
future, those are the facts, the people that we are looking for. Now,
you want to cut the deficit down? You want to create a situation where
we will spend less money in this country? Stop the war now. Stop
spending another dollar on the war in Iraq.
But it has been forgotten. It's all about tax-and-spend Democrats. My
God, when you hear this, Mr. Chairman, you would think we were in
control for the last 14 years. No, it's 12, 14 years against less than
6 months. And in those 6 months we have spoken to parents about their
kids' education. In those 6 months we've made attempts to
[[Page 16257]]
bring down the cost of gasoline. In those 6 months, yes, we gave a
minimum wage increase to the lowest earners in this country. That's
what we've done. And we will be proud of that. You want to cut the
deficit that you created over 12 years? Stop the war now. That's the
best way to do it.
Mr. CAMPBELL of California. Mr. Chairman, I move to strike the last
word.
There were so many inaccuracies in that last speech, but there are at
least a couple that I would like to correct relative to taxes, one of
them being that in the last 6 years, the tax reductions that have been
put in place actually reduce taxes for every single American who pays
income taxes, and actually took some people that were paying income
taxes and took them off the tax rolls. And that the Democrats' budget,
which has in fact been passed, unlike the minimum wage increase which
is not actually in the law at this point, but the Democrats' budget
which has in fact been passed has proposed potentially to roll back all
of those tax increases and thereby increase taxes on every single
taxpayer in America.
With that, I would like to yield to the gentleman from Colorado.
Mr. LAMBORN. I thank the gentleman from California.
To put things in perspective for my colleague from New York, it's
true that the war in Iraq has cost $600 billion. That is 7 percent of
the $8.8 trillion total national debt that we have. So we have to also
address the remaining 93 percent of the debt, because the war is 7
percent out of that $8.8 trillion.
So, getting back to this amendment that is before us, I would differ
with my colleague from New York. We are not cutting any research into
energy development. We are cutting the bureaucracy expense. We are
cutting the policy and administration portion of the Bureau of
Reclamation. We are just keeping it to last year's dollar amount. So
the bureaucracy, the administration of the Bureau of Reclamation is
what is being kept to last year's figures. There is no cut going on for
any research development program whatsoever. So I just wanted to make
that correction.
Apparently I haven't won over my colleague from New York yet, but I
would urge everyone else here to adopt this amendment.
Mr. CAMPBELL of California. I thank the gentleman, and I would just
like to amplify what he said, that if in fact what this amendment does
is take spending to last year, then it's not a cut at all. It's not
even a cut of the bureaucracy that you're talking about, it is in fact
making this line or this area of expenditure the same as last year.
Mr. PRICE of Georgia. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I was compelled to come down to just comment about some
of the information that we've heard from the other side regarding
issues not necessarily related to this amendment, because they
broadened the debate significantly to talk about the deficit. And Mr.
Chairman, as you well know, the deficit has been decreasing
significantly for reasons that I would like to touch on a little bit.
They also talked about the issue of the work that they had
accomplished, that this majority had accomplished. And they talk about
decreasing gas prices. Well, in fact, what their gas bill did, Mr.
Chairman, as you recall is to increase taxes on United States oil
companies. Sounds good maybe in some districts, I don't know; mine is
not terribly interested in anybody paying more taxes. But they
increased taxes on United States oil companies. Now that bill sits in
the Senate, thank goodness, because hopefully the Senate will be able
to resolve it and correct it so that the actual policy of this Congress
on gas prices will indeed be to bring them down. It takes greater
responsibility to do that.
If in fact that were to become law, then what we would do under the
direction of this majority party is to decrease the ability for
American oil companies to produce American oil, and we would increase
our reliance and our dependency on foreign oil; not the greatest energy
plan, Mr. Chairman, I would suggest.
They also talked about assisting kids' education, college education.
We have that as a goal, certainly. We think it's appropriate to provide
for greater resources for American citizens to attend higher education.
What does their bill do, though, Mr. Chairman? Again, it sits in the
Senate, so hopefully we will have the Senate correct that.
But what their bill does is to ratchet down very gradually the
interest rate that students pay on loans to go to college and keeps
them at half their current rate for 6 months, Mr. Chairman, and then,
boom, right back up to where they were. Well, Mr. Chairman, that isn't
leadership either.
Now, this chart right here, Mr. Chairman, talks about the increasing
Federal revenue. But this red line here could be jobs, it could be
increasing Federal revenue, it could be economic development. And there
was a remarkable thing that occurred in 2003 that made it so that that
line goes up appropriately. Thank goodness, the American people say.
Appropriately, Federal revenues increase, economic development
increases, jobs increase. And what happened in 2003 was the culmination
of appropriate tax reductions for the American people. And what does
this majority want to do? It wants to take that line back down. Because
what they've done is passed a budget that reverses every single tax
reduction, appropriate tax reduction, for the American people. Mr.
Chairman, that is not the kind of leadership, I don't think, the
American people deserve, nor is it the type of leadership that they
desire.
So, when we broaden this debate, it's appropriate, because the
American people, Mr. Chairman, the American people are watching, and
what they see is a majority party that is terribly interested in making
certain that the American people are taxed to a greater degree so that
they ostensibly have more money to be able to spend on their pet
programs.
My good friend says that it's only folks who make hundreds of
millions of dollars who will have their taxes go up. Well, Mr.
Chairman, that is not the case, as you well know. Taxes will increase
for virtually every single American. Anybody who pays taxes now, under
this new majority if they get their way, will have increased taxes.
That's not the kind of leadership I believe the American people voted
for in November, it is not the kind of leadership that we would
provide, it is not the kind of leadership that the American people
deserve.
So, I am pleased that my good friends on the other side have
broadened the debate because it results in the opportunity to bring
into focus greater clarity to these budget bills, greater clarity to
these appropriations bills, and makes certain that the American people
are paying attention to the kind of leadership that this new majority
is offering, or the lack of leadership they're offering.
Mr. GARRETT of New Jersey. Will the gentleman yield?
Mr. PRICE of Georgia. I am pleased to yield to my friend from New
Jersey.
Mr. GARRETT of New Jersey. I think it is a significant point that you
raise with regard to what level of American taxpayers will be subjected
to these taxes.
I come from the great State of New Jersey, where we had similar
rhetoric, if you will, from the other side of the aisle on the State
level. And we actually heard the exact same arguments being made: Don't
worry, they're going to come up with what they call the millionaires'
tax; and if you're not a millionaire, don't worry about it. Well, truth
be told, after all the dust was scattered away from the bills, after
all the hearings were held, after all the press conferences and
everything else was done by the Democrats in the State of New Jersey,
we found that that level went from $1 million to $900,000 to $800,000
to $700,000 to $600,000 to $500,000, $400,000, $300,000, 250-some-odd
thousand dollars at the end of the day. Now, you still say they may be
a large income? Well, in the State of New Jersey, if you're a two-
income family making a hundred-some-odd thousand dollars, you found
that you would still be subject to tax on that.
[[Page 16258]]
Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word.
I would like to actually talk about the bill, and I would like to
talk about the underlying merits of what Mr. Hobson and I and the
members of the subcommittee and the full Appropriations Committee have
tried to do.
In this particular title, we are talking about the Bureau of
Reclamation, and we are talking about people's health and well-being.
Part of that does include the wise stewardship of the moneys that are
provided. From the debate that has taken place today, you would think
that the only thing we are worried about is spending money and worried
about the quantity of the money that we are spending as opposed to the
quality of the underlying act and the work that the agencies do. And I
would draw, Mr. Chairman, my colleague's attention to page 48 of the
report that goes into great detail, and I am going to read it.
The gentleman has an amendment before us to cut $1.236 million from
the bill. And the fact is, over the last several years our
subcommittee, under the leadership of then-Chairman Hobson, as well as
myself, have done everything possible to make sure that the moneys
being spent by the Bureau of Reclamation are being spent wisely.
And I read from the report. ``In fiscal year 2006, the Committee
directed the Department of Interior to submit, with its fiscal year
2007 budget request, a detailed 5-year budget plan for each of the
major budget components, including water and related resources,
California Bay Delta Restoration program, Central Valley Project
Restoration Fund, and Central Utah Project Completion.''
Because the concern of the subcommittee then, and as it is as of this
moment, is that the public's moneys are being spent with quality as
well.
``The Department subsequently informed the Committee that it would be
unable to provide a 5-year plan for fiscal year 2007 and intended to
make the initial submission with the fiscal year 2008 request. The
Bureau failed to make that submission either, and now informs the
Committee that the 5-year plan will be submitted at some undefined time
in the future.''
The patience of the subcommittee, the patience of the Appropriations
Committee is not without limit. And as a result, in the report language
we note the Committee's extreme frustration with the Bureau's inability
to provide a 5-year budget plan, the act contains a provision that
transfers $10 million, not $1.236 million, but $10 million from policy
and administration to water and related resources if the 5-year plan is
not submitted within 60 days of date of enactment. We are certainly not
afraid to move moneys around, and in this case, to the tune of $10
million, if the good judgment of this committee is not abided by.
So I would emphasize that this is not just a matter of quantity of
money, it is quality of money. And that is what we are about. That is
why I am adamantly opposed to the gentleman's amendment.
{time} 1515
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Colorado (Mr. Lamborn).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. LAMBORN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Colorado
will be postponed.
The Clerk will read.
The Clerk read as follows:
ADMINISTRATIVE PROVISIONS
Appropriations for the Bureau of Reclamation shall be
available for purchase of not to exceed 14 passenger motor
vehicles, which are for replacement only.
General Provisions, Department of the Interior
Sec. 201. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis
Unit until development by the Secretary of the Interior and
the State of California of a plan, which shall conform to the
water quality standards of the State of California as
approved by the Administrator of the Environmental Protection
Agency, to minimize any detrimental effect of the San Luis
drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program
shall be classified by the Secretary of the Interior as
reimbursable or nonreimbursable and collected until fully
repaid pursuant to the ``Cleanup Program-Alternative
Repayment Plan'' and the ``SJVDP-Alternative Repayment Plan''
described in the report entitled ``Repayment Report,
Kesterson Reservoir Cleanup Program and San Joaquin Valley
Drainage Program, February 1995'', prepared by the Department
of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or
providing for, drainage service or drainage studies for the
San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
TITLE III--DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for energy efficiency and
renewable energy activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $1,873,844,000, to
remain available until expended.
Amendment No. 21 Offered by Mr. Campbell of California
Mr. CAMPBELL of California. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 21 offered by Mr. Campbell of California:
Page 16, line 19, after the dollar amount insert ``(reduced
by $101,550,000)''.
Mr. CAMPBELL of California. Mr Chairman, one of the last speakers on
the other side of the aisle mentioned that he wasn't quite sure why we
kept talking about taxes and tax increases, because inevitably if you
head toward the balanced budget, that is what all spending turns into:
it turns into taxes.
In fact, the Democratic budget, which, to the majority party's
credit, is heading toward a balanced budget in 5 years, as were I
believe virtually all of the budgets that were presented this year, but
it does so by saying, in its own terms, that they will raise taxes as
much as they need to at the end of that 5 years in order to achieve a
balanced budget.
So when we are talking today about things that are increasing in
spending, this isn't something that is abstract. This isn't $20 million
here, $40 million here, $100 billion there of just sort of faceless,
nameless money. That is money in figures that are so large that most
people, Mr. Chairman, have a hard time even comprehending how much that
is and how it can relate to the things that we are doing.
But it makes it a little more down-to-earth, brings it a little more
home, when you look at each one of these, which is the way we should
look at them, Mr. Chairman, each one of these spending increases on
each program, on each bill, on each thing here, and realize that every
dollar of increase there is a dollar that the majority party wants to
go get out of the pockets of taxpayers at home. That is what we are
really talking about. That is why, Mr. Chairman, I propose this
amendment.
Now, this amendment refers to just one of the many, many projects and
many, many programs in this appropriations bill. This one is something
that deals with weatherization assistance, and the bill that is before
us proposes to increase weatherization assistance spending by 20
percent over last year.
Now, what is interesting is that in the President's budget, which
this amendment proposes to reduce the spending to, the President has
actually proposed to reduce this to almost half. Why is that? Because
in something that is called energy efficiency and renewable energy,
this program is actually not at all efficient.
I actually had some personal experience with this program, not
personal in the sense that I was dealing with the
[[Page 16259]]
program from a recipient standpoint, but when I was in the State
legislature with this program in California. By the time that you deal
with the Federal bureaucracy and then you get the money to the State
and there is the State bureaucracy, and then you put this money out,
very little of this money was actually going to anything toward the
goal that was accomplished. And what is interesting is it is also
creating a subsidy for something that already pays for itself.
The reason people weatherize their homes or seal leaks and so forth
or cracks in windows and doors is because it saves you money on your
energy bill over time.
So this is a program that has been shown to be inefficient, has been
shown to not be effective, that subsidizes something that doesn't need
subsidization, and which in this bill is proposed to increase by 20
percent.
Now, the President's budget proposed to reduce this. It is one of
those things on that list of programs that a number of people have that
are saying these are some of the most inefficient programs in the
Federal Government today, and this is one of them that certainly should
be reduced or perhaps eliminated.
But instead, this bill proposes to increase it by nearly $40 million.
And, again, $40 million, I guess sometimes this is the difference
between government and not government. When things don't work in
government, it seems that there is always a group of people saying the
reason they are not working is because they don't have enough money,
and we need to spend more money on them. Whereas, normally in the real
world, Mr. Chairman, when something isn't working, that is when people
take money from it, make it become more efficient, or not fund it
anymore if it is not working.
So, Mr. Chairman, this amendment, just this one area of this one
Department, proposes to reduce this to the President's proposed budget.
Mr. EDWARDS. Mr. Chairman, I move to strike the last word.
Mr. Chairman, of all the work Congress does, few things could be more
important than to protect our Nation from the threat of nuclear
terrorism. It is hard to imagine that in one instant a nuclear bomb
detonating in a major American city could kill more of our citizens
than we have lost in combat in every war in our Nation's history. Osama
bin Laden has told his followers that it is their religious duty to
secure loose nuclear materials for a bomb to be set off in the United
States. It is our sacrosanct duty to ensure that that never happens.
That is why I want to salute Chairman Visclosky for making homeland
security against nuclear terrorism the highest of priorities in this
bill. He is right to do so.
This bill provides $2.1 billion to protect the American family from a
nuclear holocaust, a level that is nearly $400 million above the
administration's budget request. Specifically, it provides $832 million
for international nuclear materials protection and cooperation
activities, a $359 million increase to the budget request. With these
funds, we will expand cooperative programs with Russia and other
nations with vast inventories of nuclear material.
In this bill, the Global Threat Reduction Initiative is increased by
$132 million to a total of $251 million. This will assist us in
identifying, securing, removing, and disposing of nuclear material
throughout the world.
The Megaports Initiative is funded at $25.8 million. This program
installs radiation detectors at major seaports around the world so
nuclear weapons and materials can be intercepted before they are
smuggled into a major American city. This additional funding will allow
the Department of Energy to install sensors at several key seaports
this year, rather than waiting for several years to do so.
I wanted to take a moment of my time to also compliment the
hardworking, dedicated citizens who work at the Department of Energy on
these nuclear nonproliferation programs. They work extraordinarily long
hours, many spending long periods of time away from their families in
the harsh Russian climate working to secure these materials and to
protect us and our families from the threat of nuclear terrorism.
Let me point out some of DOE's successes because of that hard work
and because of the work of this subcommittee, chaired formerly by
Chairman Hobson, who also made homeland security against nuclear
terrorism a top priority:
DOE in recent years has completed work securing nuclear materials at
91 of 125 Russian nuclear weapons material and warhead sites, with the
remainder in progress.
We have secured more than 520 vulnerable radiological sites overseas,
containing enough nuclear material to build approximately 7,700 dirty
bombs.
We have recovered over 14,000 radiological sources domestically,
containing enough material for approximately 1,400 dirty bombs.
We have equipped 88 land border crossings in Russia with radiation
detection equipment, with work complete or under way in eight other
countries.
We have installed Megaports radiation detection equipment at eight
ports, with operational testing and evaluation under way at one
additional port.
Mr. Chairman, 2 years ago, President Bush said that protecting our
Nation from nuclear terrorism should be our Nation's number one
national security priority. I agree. With the strong leadership of
Chairman Visclosky and now Ranking Member Hobson, this bill takes a
significant step forward in protecting our communities, our families
and our Nation from the threat of nuclear terrorism.
That is why I urge bipartisan support for this important legislation.
Mr. OLVER. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in opposition to the amendment offered by the
gentleman from California. I note that this amendment is offered to the
section of the bill on energy efficiency and renewable energy, and I
would note first that the President's request for this year is more
than 10 percent below on every one of the renewable energy accounts in
the budget. Those are cuts below the 2007 enacted amount, and it covers
biomass, which leads to the biomass accounts, which include biodiesel,
corn ethanol and cellulosic ethanol, which, of course, is the area that
so many people believe is going to be a major saver in the future.
It includes solar energy, wind energy, geothermal technology,
hydropower, vehicle technologies, where 30 percent of all of our energy
is used, building technologies, where 40 percent of all of our energy
is used, industrial technologies, where 20 percent of all of our energy
is used. And the President proposes in those areas 10 percent
reductions below the enacted, whereas the subcommittee, in its wisdom,
and apparently agreed to certainly by me and certainly apparently
agreed by the gentleman from California, the committee has added moneys
over the enacted number for 2007. So we apparently agree on that.
But then, oddly enough, the gentleman from California chooses to
attack the one program that gives direct help to low-income households
in this country. It is the one program, the weatherization program,
where low-income households can get assistance to install energy-saving
technologies and measures in their homes.
Well, it turns out there are something like 14 million households in
this country that have incomes of less than 50 percent of the median
income in various areas around the country. Half of them live in homes.
Most of those homes are very inefficient users of energy. So the Low
Income Weatherization Program is a program that would help those homes
be more efficient in the use of energy.
The President's request for this year is in fact below the enacted
2007 number actually by more than 30 percent below what the enacted
2007 number was. Enacted 2006 number was even higher than the 2007
number. So the committee, in its wisdom, has instead recommended
raising the number to the 2006 level, to the levels expended in fiscal
year 2006, and the gentleman
[[Page 16260]]
from California wants to take it back from the committee's number by
this time 45 percent or something like that, the exact number I haven't
quite calculated.
{time} 1530
Those moneys are well invested in those homes which low-income
households are using, where energy is so inefficiently used, where we
can save a substantial amount of energy every year, thereby reducing
greenhouse gases that are produced in the production of the energy that
would otherwise be wasted in those homes. And where one would say far
beyond the cost of the energy-saving measures that would be part of the
weatherization program, far beyond the cost. In such situations, you
are saving the amount of the cost within a 3 or 4 or 5-year period when
the savings go on long into the future, year after year after year,
saving energy and reducing greenhouse gases and saving dollars. Perhaps
most important for those people, it is the savings of the dollars that
they otherwise would spend in those low-income households where the
amount of money spent on housing per se in low-income households tends
to be up in the two-thirds to three-quarters of the total household
income.
So I think the weatherization program is a very useful program, a
very effective program for saving money for people at the lowest levels
of income. I hope we will soundly defeat this amendment by the
gentleman from California.
Mr. GARRETT of New Jersey. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, first of all before I begin, let me commend a prior
speaker, the gentleman from Texas, with his references to homeland
security and the efforts that need to be made. I completely concur with
the majority of the points that he makes.
This House, as you know, just dealt with those issues the other day
on homeland security and how it relates to my congressional district is
one of the forefront issues that I deal with. I commend the points he
is making there.
Tied to homeland security is energy security as well. We will not be
a secure country if we are not secure with regard to our energy needs.
Much in this underlying legislation and what the administration is
calling for is working towards that laudable goal, energy efficiency
and renewable energies as well. And I concur with the previous speaker
with his remarks as well, that we must move in that direction.
I guess the rub is how you get to some of these things. When you talk
to your local constituents back at home. When we have the opportunity
to go back to our districts and talk to them and they see just how
Washington spends their very hard-earned dollars, they must think we
are literally burning their dollars down here and wasting them on
inefficient programs. Some of them of course are important. Others need
to be prioritized down the line to put them in the proper perspective.
The legislation we have before us, more specifically the amendment,
goes to that ultimate goal, setting priorities. Now the gentleman who
is proposing this amendment is from the great State of California, a
very warm State. I have come from the great Northeast where
weatherization is a critical matter, especially for the low-income
individuals who need to do something in order to make sure that their
limited dollars go as far as they possibly can.
They are called upon in their daily lives to be as efficient as they
can with their limited dollars, whether it is spending on food or rent
costs, or in this case, their energy costs.
But they are asking us the very same thing in Washington. They are
asking us to be efficient and effective with their dollars because they
want to tell us these dollars are limited as well. Because it comes out
of the American taxpayers' pocketbook.
What we are looking at here is the largest tax increase in U.S.
history, and this is going to be a negative impact on the average
American family of $1,500 or $2,000 more that comes out of their
wallets and is sent to Washington. They are asking to make sure that
the dollars spent are done effectively.
I am a Member of the 108th Congress. I came in with the gentleman
from Texas (Mr. Hensarling) and a few others, I believe, that started a
group called WWW, Washington Waste Watchers. They would come to the
floor each week and talk about areas of concern to them and this entire
Congress to make sure that Washington moves in the right direction, to
be stopping this wasteful spending of dollars.
So before we take a program that is already in existence, that we
know as the testimony here earlier from the gentleman from California
may be a laudable program in some sense in terms of providing
assistance to those who need it, but it is wasting the dollars in
another sense because it is not really getting to those individuals who
desperately need it, and it is going elsewhere and being done in an
inefficient manner.
Before we simply up the dollars and not make sure that those dollars
get to those low- and moderate-income people to get the job done, as
the gentleman from California pointed out, let's make sure that we have
something, something to make sure that we do so in an efficient and
effective manner. That is what the WWW, Washington Waste Watchers, is
trying to do. That is what the Republican side of the aisle is trying
to do.
Let's implement programs to say we will operate this House of
Representatives the same as a family's budget would; that we will
operate just as stringently with our dollars here as if they were our
very own. We will make sure that there are systems in place,
accountability in place to make sure that the dollars really get to the
places they need to get to. And before we get those mechanisms set up
and established, we are not going to waste any more taxpayer dollars by
going to them and saying we are going to raise tax dollars or raise tax
rates, and simply up the spending on a program until we can certify
that program is being run effectively and efficiently.
I commend the gentleman from California for trying to move in the
right direction to make sure that we don't have the largest tax
increase in history, and to make sure that programs like this are run
efficiently and effectively.
Mr. NEUGEBAUER. Mr. Chairman, I move to strike the last word, and I
yield to the gentleman from California (Mr. Campbell).
Mr. CAMPBELL of California. Mr. Chairman, I thank the gentleman from
Texas.
I want to make a last couple of comments relative to the comments
made by the gentleman from Massachusetts. A lot of what the gentleman
from Massachusetts said I agree with. I think we differ in three basic
areas.
One is that the gentleman from Massachusetts believes this program
has been effective. My involvement with it in California and things
that I have seen statistically here say otherwise. Certainly the
administration agrees this program has not been a cost-effective
program.
Second is talking about how this thing might save money here. But
where does this money come from? It is $245 million. This money does
not come from the sky. It does not come from the air. It comes from
taxpayers. And the question is not does it save anybody any money or
anybody anything; is it cost effective in what it does? And I think the
answer is ``no.''
The third comment I would like to make is that the gentleman pointed
out a number of programs in this bill which have all been increased in
this proposed bill. That is fine, but I guess I would ask this: Are
there no programs here which are not effective? Are there no programs
that deserve some reduction in spending or perhaps even elimination?
Ronald Reagan said that the closest thing to eternal life is a
government program, and I believe we are seeing with programs like this
that those words Ronald Reagan made some time ago ring true.
Mr. RYAN of Ohio. Mr. Chairman, will the gentleman yield?
[[Page 16261]]
Mr. NEUGEBAUER. I yield to the gentleman from Ohio.
Mr. RYAN of Ohio. I just want to share, when asked what programs have
been cut or not cut, I want to share with you, 37 cuts to Department of
Energy weapons programs; 57 programs have been cut overall; 20 cuts to
other programs, 2 in the Corps of Engineers, 2 in the Bureau of
Reclamation, 3 independent agencies, and 13 in the Department of
Energy. There have been 16 of 37 weapons cuts that were requested by
the administration.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Campbell).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. CAMPBELL of California. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
The Clerk will read.
The Clerk read as follows:
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for electricity delivery and
energy reliability activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, $134,161,000, to
remain available until expended.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment,
and other expenses necessary for nuclear energy activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction,
or expansion, and the purchase of not to exceed 20 passenger
motor vehicles for replacement only, including one ambulance,
$759,227,000, to remain available until expended.
Amendment Offered by Mr. Stearns
Mr. STEARNS. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Stearns:
Page 17, line 14, after the dollar amount insert ``(reduced
by $20,000,000)(increased by $20,000,000)''.
Mr. STEARNS. Mr. Chairman and my colleagues, this is a very simple
amendment and perhaps the majority might want to just accept it, so let
me just explain.
The generation IV nuclear energy systems program is the next far, far
generation program. We have been waiting and working for the generation
III program. This is about the generation IV after that, which is 2030.
There is a lot of money in this that is going to be used to develop
energy far into the future, and yet we have in the present nuclear
power program of 2010, we have need for this money here and today.
I point this out to my colleagues, particularly on that side of the
aisle, that if we don't get enough money to the nuclear power 2010
program, power plants across this country will be forced to build gas
and coal-burning power plants to meet the ever-growing energy demands
of this Nation.
So if you really want to reduce greenhouse gases, I think you should
support my amendment because you are basically taking this money, $20
million, from the generation IV nuclear systems energy account which
has been funded at almost $80 million above the President's budget
request, and you are simply transferring it to the nuclear power 2010
account which is funded almost $34 million below the President's budget
request.
If the other side is willing to accept my amendment, I am willing to
stop talking and we can proceed. If you are concerned about global
warming and coal- and gas-burning, this will help our Nation move
forward by helping the nuclear power plants in the near, near future
instead of the far, far future.
Let me talk about the nuclear power 2010 program. It is intended
simply to encourage near-term orders for advanced versions of existing
commercial nuclear plants. Frankly, it is an integral part of the goal
of constructing new plants in the next decade.
Approximately two-thirds of the new reactors use a reactor technology
that depends on nuclear power 2010. Nuclear power plants generate
electricity without producing or emitting any greenhouse gases,
including carbon dioxide. Nuclear power plants generate 73 percent of
all carbon-free electricity in America and are an essential mitigation
tool for reducing greenhouse gases.
If we are serious about addressing the issue of global climate
change, then nuclear power must be a critical component of any future
energy and environmental strategy we have in this country.
With the additional funds in this amendment, the program for 2010, we
could focus more on reducing the technical, regulatory and
institutional barriers to the deployment of new nuclear power plants in
the near term while still allowing a generous increase in funds for the
generation IV program. So the money is already there for generation IV.
So I am just asking a very modicum amount, taking from the generation
IV and moving it to the near term, so that we can build these nuclear
power plants.
I conclude by saying failure to meet the goals of the nuclear 2010
program could result in delays 1 year, 2 years, possibly 3 years, and
create the possibility of an indefinite delay as companies attempt to
meet the demand with other types of generation, including coal and
natural gases.
I conclude and thank my colleagues for listening, but I think when
you realize it is not very complicated, we are just taking $20 million
from a generation IV nuclear research program that we have no results
from and don't know anything about and moving them to a current program
in 2010 and saying let's let the nuclear industry have this special
advantage so we can combat global warming and we can make sure that we
move forward with nuclear power generation in this country as soon as
possible.
{time} 1545
Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the gentleman's
amendment.
I appreciate what the gentleman wants to do. We certainly share a
concern about global warming. We also share a desire to ensure that we
have a viable nuclear industry in the near term as well as the long
term. Where there would be a difference of opinion is the balance that
needs to be struck in this legislation to accomplish both of those
goals.
I would point out that the legislation that has been reported to the
House has done everything possible to ensure that the nuclear industry
can move forward. For example, we have fully funded the President's
request for $494 million for Yucca Mountain to make sure that they can
meet their deadline for the submission of a license for the waste
repository in June of 2008. The industry clearly needs the repository.
The House bill includes $167.8 million for the Nuclear Regulatory
Commission, something that I think the gentleman would agree is
critically necessary as far as the licensing procedures in the shorter
term. This is a $17.1 million increase over the administration's
request, more than 10 percent more. And I would point out that in the
continuing resolution for fiscal year 2007, this was one of the few
accounts that this subcommittee specifically also increased. We also
include $15 million within the Nuclear Regulatory Commission for
nuclear engineering scholarships that were proposed for termination by
the administration, because if we do not have new, bright talent in
those educational facilities under scholarship, we are not going to
have a future.
And we did include moneys for Nuclear Power 2010. It is the same
level as the current fiscal year. I would point out, Mr. Chairman, that
this is a direct payment to utilities undergoing the NRC license
process and no other sector of the energy portion of this country
receives this type of Federal assistance.
[[Page 16262]]
The gentleman would take the money from Generation IV nuclear energy
systems by having the moneys reduced. I would point out that the
subcommittee went to great lengths to increase moneys for Generation
IV. We are supportive of the light water reactors that are going to be
coming online in the near term. We want to make sure we have that next
generation of reactors online as well for the future, one that can not
only provide electrical industry to our Nation that is needed but also
potentially produce the hydrogen for the new economy we are looking
for. We have provided those moneys and would not want to see them cut.
Additionally, we had a debate and conversation earlier today about
the mixed oxide program that previously had been designated a
nonproliferation item. We have correctly moved it into the Energy
Department as far as their accounts and would point out that $689
million between unobligated balances, between the spending for '07 and
between what is included in this bill, is included for MOX.
So we have been more than generous, and I also think we have struck
the right balance to ensure that we do have an industry starting up in
the near term and one that has a long-term, safe future for the
generation of energy in this country.
Mr. HOBSON. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in opposition to this amendment. The bill
includes a $33 million cut to Nuclear Power 2010. While that level may
be difficult for some to accept, I fully support it.
Nuclear Power 2010 was designed to facilitate industry decisions to
build and operate new nuclear power plants in the U.S. And that would
be great for America. We need a dramatic increase in reliable, safe
baseload energy; and I would much rather see it come from nuclear
energy than from coal plants.
Unfortunately, most of the funding that we have provided for Nuclear
Power 2010 doesn't go to help industry figure out our untested
regulatory process or to identify new sites for plants. Most of the
funding in this account has been provided to support the work of
reactor designers. There is little uncertainty about reactor design. It
doesn't need our support through this program. And there's really no
such thing as struggling mom-and-pop reactor design teams. But I do
know that we must continue to support design for the next generation of
reactors. This bill does just that. It increases our support to the Gen
IV nuclear design program by $79 million. That's where nuclear R&D
should be funded, not from Nuclear Power 2010.
I ask my colleagues to join me in voting against this amendment.
I yield additional time to the gentleman from Florida.
Mr. STEARNS. Mr. Chairman, how much time do I have that the
distinguished gentleman from Ohio gave me?
The Acting CHAIRMAN. The gentleman has 4 minutes on the gentleman
from Ohio's time.
Mr. STEARNS. If I might address the chairman of the subcommittee, Mr.
Chairman, I have here the Energy and Water Development appropriations
bill. On page 68, it indicates that the Nuclear Power 2010, you provide
about $80 million, a decrease of $34 million. So the question I have
for you, if you support this program so much, why would you cut it $34
million, which is basically a huge percentage?
Mr. HOBSON. I yield to the gentleman from Indiana to answer the
question.
Mr. VISCLOSKY. I appreciate the gentleman from Ohio yielding.
Mr. Chairman, I would be happy to respond to the question raised.
First of all I would point out that the funds that are provided are at
this year's fiscal level. It is not a cut. It is a cut from the
President's request.
The other observation I would make is I believe that the Department
should be in the business of science research and development and not
exclusively be paying for companies to license new reactors, so that
would certainly do justification.
Mr. STEARNS. Then the other question is, in Generation IV, the
nuclear energy system by which you increased it $80 million, it seems
to me, and you might want to answer this question, here you have a
program that is a fourth generation of nuclear research. We don't even
have the results from the second and third generation nuclear research,
yet you're increasing a huge amount of money for something well into
the future when you have a system, the 2010 energy system, which could
use this money today and would go towards improving global warming and
put less demand on all these nuclear energy companies because they
certainly can't meet the demand in the next 2 years without burning
coal and gas.
So I ask the gentleman, why would he want to increase something
that's a fourth generation when the second and third generation have
not even been successful in providing anything for us?
Mr. VISCLOSKY. And if the gentleman from Ohio would yield, I would be
happy to respond.
Mr. HOBSON. I yield.
Mr. VISCLOSKY. I would point out that there was a $70 million
increase, and I would not want to engage in quibbling as to whether it
is a second, third or fourth generation, but do believe there is a
strong public purpose for demonstrating the commercial viability of the
thermal-neutron gas reactor for the very purposes that the gentleman is
concerned about and that I share his concern, that is, climate change
and global warming and energy sources, where we can generate the
electricity in this country as well as potentially produce hydrogen. We
ought to start down that road sooner rather than later, and again in a
balanced fashion along with 2010.
Mr. HOBSON. Taking back my time, I would point out to the gentleman
from Florida that we do have the capability, and we do understand
Generation 3, 3\1/2\. Where we need to go is beyond that and look at
Gen IV. That's what we're trying to do in the bill now, and that's why
we oppose the gentleman's amendment.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida (Mr. Stearns).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. STEARNS. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Florida will
be postponed.
Amendment Offered by Mrs. Schmidt
Mrs. SCHMIDT. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mrs. Schmidt:
Page 17, line 14, after the dollar amount insert
``(increased by $80,000,000)''.
Page 21, line 21, after the dollar amount insert ``(reduced
by $80,000,000)''.
Mrs. SCHMIDT. Mr. Chairman, I have tremendous respect for our
chairman and ranking member and realize the very difficult undertaking
they have had in putting this bill together and balancing the number of
important priorities within it. Unfortunately, the bill before us would
drastically cut the President's request to $405 million for the Global
Nuclear Energy Partnership, GNEP, initiative to $120 million. This
amounts to a $285 million reduction from the President's request for
GNEP.
At the same time, this bill goes well above the President's request
for the Department of Energy science account. The President's request
for the science account was already a 15.8 percent increase above the
fiscal 2007 level. On top of this, the House bill provides another $116
million above the administration's request. My amendment would provide
an additional $80 million for the GNEP initiative, offset by an $80
million decrease in the science account.
If we are going to be serious about reducing greenhouse gas
emissions, addressing climate change and reducing our dependence on
foreign oil, we need to allow GNEP to proceed in a meaningful capacity.
To accomplish these
[[Page 16263]]
objectives, we need to diversify our energy supply and increase energy
efficiency and conservation. Nuclear energy is a vital component to
diversifying our energy supply and reducing greenhouse gas emissions.
And in order for the nuclear renaissance to become a reality, we must
address the spent fuel issue, which is what GNEP is all about.
Recycling spent nuclear fuel is a way to reduce by about 95 percent
the volume of waste that would have to be disposed of at the Yucca
Mountain repository. Recycling would also enable us to reduce the
radioactive life of this material from millions of years to thousands.
Whether you support nuclear energy or not, these two points should be
very positive if we are going to take better care of our environment.
Since the 1970s, the United States has been falling behind the world
in nuclear technology. It is vital that we fund this program at a
sufficient level that allows the United States to reestablish itself as
a leader in the field.
I appreciate the chairman and ranking member's work on this important
issue. I would hope for some favorable comments from them. But I am
going to at the end of this discussion ask for unanimous consent to
withdraw my amendment in hopes that we can work it out at a later date.
Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I appreciate the gentlelady's concern about research
for nuclear energy in the future. I also appreciate the courtesy as far
as her willingness to withdraw the amendment.
The concern that the committee had is that the administration came in
originally with a $405 million request. During hearings, the
administration also suggested that all $405 million was for just
research. The concern we have, and I mentioned it in my opening remarks
during general debate, is contract management at the Department of
Energy. And certainly it's not the fault of the gentlelady's, and I
know she shares our concern, but there is a very bad track record at
the Department of Energy; and the fact is they have been on a high-risk
watch list for the General Accountability Office since the year 1990.
{time} 1600
I would point out that the committee learned that the Department of
Energy's use of technology readiness levels in the global nuclear
energy partnership technology development plan does not apply readiness
in the manner consistent with the recommendations in the General
Accountability Office report of March of this year.
So, looking ahead as far as potentially incurring huge long-term
costs on behalf of the taxpayers, we have suggested that the
administration take a step back, continue to do very necessary and very
vital research, but let us take all deliberate speed as opposed to a
rush to judgment and oppose her amendment, and I appreciate her
consideration in withdrawing it.
Mrs. SCHMIDT. Mr. Chairman, I ask unanimous consent to withdraw the
amendment, and I thank the chairman for his time and consideration of
this and hope that we can work together to make GNEP a reality in a
meaningful, bipartisan way so that the United States can continue to be
a world leader, not just in nuclear energy but in energy independence
from foreign oil.
The Acting CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.
The Acting CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Clean Coal Technology
(including rescission of funds)
Of the funds made available under this heading for
obligation in prior years, $149,000,000 are rescinded.
Fossil Energy Research and Development
(including transfer of funds)
For necessary expenses in carrying out fossil energy
research and development activities, under the authority of
the Department of Energy Organization Act (Public Law 95-91),
including the acquisition of interest, including defeasible
and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for
the hire of passenger motor vehicles, the hire, maintenance,
and operation of aircraft, the purchase, repair, and cleaning
of uniforms, the reimbursement to the General Services
Administration for security guard services, and for
conducting inquiries, technological investigations and
research concerning the extraction, processing, use, and
disposal of mineral substances without objectionable social
and environmental costs (30 U.S.C. 3, 1602, and 1603),
$708,801,000 to remain available until expended of which
$166,000,000 shall be derived by transfer from ``Clean Coal
Technology'', and of which transferred amounts $108,000,000
is available to continue a multi-year project coordinated
with the private sector for FutureGen, without regard to the
terms and conditions applicable to clean coal technological
projects, and of which the remaining $58,000,000 is available
for carbon sequestration research and development: Provided
further, That no part of the sums herein made available shall
be used for the field testing of nuclear explosives in the
recovery of oil and gas: Provided further, That the Secretary
of Energy is authorized to accept fees and contributions from
public and private sources, to be deposited in a contributed
funds account, and prosecute projects using such fees and
contributions in cooperation with other Federal, State, or
private agencies or concerns: Provided further, That revenues
and other moneys received by or for the account of the
Department of Energy or otherwise generated by sale of
products in connection with projects of the Department
appropriated under the Fossil Energy Research and Development
account may be retained by the the Secretary of Energy, to be
available until expended, and used only for plant
construction, operation, costs, and payments to cost-sharing
entities as provided in appropriate cost-sharing contracts or
agreements.
Amendment No. 19 Offered by Mr. Kline of Minnesota
Mr. KLINE of Minnesota. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 19 offered by Mr. Kline of Minnesota:
Page 18, line 10, after the dollar amount insert ``(reduced
by $142,000,000)''.
Mr. KLINE of Minnesota. Mr. Chairman, my amendment would reduce
funding for the fossil energy research and development account in this
bill by $142 million. These funds appropriated in this account go
toward research of oil, gasoline, coal and natural gas.
Funding this account at $709 million, as in this bill, would be a
19\1/2\ percent increase over last year's appropriation amount and 20
percent higher than what was requested by the administration.
This massive increase in spending is aimed at research of oil, coal
and natural gas. With energy prices rising, our research dollars are
better spent by going toward alternative and diversified energy sources
like nuclear, wind, solar, geothermal, hydropower and others.
You may be interested to know that some of the research projects
funded by this account include: a submersible-deployed micro-drill for
sampling of shallow gas deposits, ultra-lightweight cement, and an oil
and gas resource assessment of the Russian Arctic.
Given the record profits being made by oil, gas and coal companies,
the research of oil and gas resources of the Russian Arctic should be
done and paid for by those oil companies, not by American taxpayers who
have already paid for it at the pump.
A half a billion dollars in Federal funds appropriated to this
account, as was the case last year, should be more than enough for the
government's share of this research.
Any additional funding, and I'm talking about funding over the half a
billion dollar plus what's already in last year's bill, any additional
funding should be borne by the private sector.
My amendment would save the taxpayers $142 million and remove that 20
percent increase in spending on fossil fuel research.
Solutions to our rising energy prices are not found in a massive
increase in deficit spending, and we've been talking a lot about
deficit spending today.
Not only does this bill have a 20 percent increase in spending for
fossil fuel research, it contains a $1.3 billion increase over last
year's Energy and Water appropriation.
It seems that this appropriation bill is another example of
ballooning Federal spending and increasing Federal deficits to be paid
for by ever-higher taxes.
[[Page 16264]]
We know it's been discussed today that the Federal budget that was
passed by House Democrats earlier this year does indeed include the
largest tax increase in American history. It would raise taxes by at
least $217 billion. We're looking for ways to reduce spending, modest
ways. That's all that these appropriation bills allow us. We can't
address the massive spending that comes from entitlement spending, but
we can get at sensible ways to control the spending in these
discretionary funds.
My amendment is a step in the right direction. Let's save the
taxpayers $142 million and remove this huge 20 percent increase in
spending for fossil fuel research.
There have been proposals to put price controls on oil companies. I
vehemently oppose those, but I don't think it's unreasonable to ask
them to put some of those profits back into this essential research and
development, take the burden off the taxpayers. Let's in a bipartisan
way support this amendment.
Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I rise in opposition to the gentleman's amendment, and
would observe for the House that, again, I am not in total disagreement
with some of the assertions and points that he has made.
The fact is, there is no silver bullet as far as solving the energy
problems we face today and in the future. He is absolutely correct.
That is why the subcommittee has significantly increased funding for
biofuels. That's why the subcommittee significantly increased funding
for vehicle technology. That's why the subcommittee increased funding
for other types of renewables. The gentleman references solar and wind,
for example. That's why there's an increase in the hydrogen account.
That's why there's an increase as far as maximization of power produced
with hydroelectric facilities.
And so what we're trying to do is to strike a balance, and again
getting back to my earlier comments about quantity and quality, we are
concerned and spoke about it in the bill language, as well as the
report language, about the fossil fuel program. I certainly, for one,
absolutely believe that we need to do more on the issue of capturing
CO2, and we have done that in this bill. We need to do more
as far as in sequestration of that particular gas, but we have to do it
intelligently.
The fact is, a FutureGen program that has been initiated under the
Department of Energy, from my perspective, took a very bad turn in the
road as people continue to look at adding bells and whistles, and we
had a colloquy on that particular issue earlier in the day as well.
I would point out that FutureGen, according to the committee report,
needs to be refocused as an integrated gasification combined cycle
plant with carbon capture and sequestration and drop the ambiguity of
other, less critical research components. The committee believes that
by streamlining the design to demonstrate these factors, critical goals
can be reached in a more timely and fiscally prudent fashion.
So what we're trying to do in the bill is to have a broad range of
new energy sources accelerated through increased funding. We have done
that with fossil but have not done so blindly. We want to make sure
that that money is spent wisely, given the fact that nearly 50 percent
of this country's electricity is generated today by coal-powered
plants. I absolutely believe that we should pursue this research and
would reluctantly oppose the gentleman's amendment.
Mr. HOBSON. Mr. Chairman, I move to strike the last word, and I yield
to the gentleman from Pennsylvania (Mr. Tim Murphy).
Mr. TIM MURPHY of Pennsylvania. Mr. Chairman, I thank the gentleman.
I rise in opposition to this amendment, although I believe it is of
value in making sure we question how we spend our money.
I'm concerned that coal provides over 50 percent of our energy source
in America. In this bill, there's $108 million for FutureGen which is
creating energy from coal without emissions; $73 million for the other
clean coal power initiative; and some $376 million has been recommended
for the core research and development program, much of that done at the
National Energy Technology Research labs, some of which are in my
district, and others in West Virginia and Oregon and around the
country.
We have a 250-year supply of coal under our Nation's soil.
Conversely, other parts of the world that have oil will run out long
before we are out of coal.
We have to crack the code in understanding how to create electrical
energy out of coal without emissions. It is a monumental and perhaps
one of the greatest scientific challenges of our time.
If we're able to do this, we'll be able to create the electrical
energy and the power we need to power our factories, to light our homes
and run our office buildings. Without this, we will continue to be
subject to the whims of countries involved with OPEC who manipulate the
price of our energy every day.
A report done this year through MIT called the Future of Coal stated
that we need perhaps billions to deal with this issue of finding out
how to create energy out of clean coal. It is an important investment
and one that we cannot lag on, one that we have to continue to work on.
I certainly encourage all of us to look at ways we can watch for any
waste involved with how this money is spent on every level in
appropriations; however, I ask that this be one area, where America has
abundant supplies of coal, we make sure that we continue to mine our
coal because it's one of the few ways that we can do so and create
energy without having to worry about the whims of terrorists and OPEC
states.
Mr. HOBSON. Mr. Chairman, most of the $142 million proposed as an
increase in the account would support research and development of
carbon capture and sequestration technology. No matter what energy
future one believes in, fossil fuels will play a significant role. This
increase would fund the R&D that we've simply got to do to isolate the
carbon and store it to reduce emissions.
Mr. NEUGEBAUER. Mr. Chairman, I move to strike the last word.
One of the things that we have to understand that we're talking about
today on this floor, we're talking about a lot of different kinds of
security. We're talking about energy security. We're also talking about
economic security. But really the bottom line we're talking about is
jobs in America.
No doubt that energy is a major issue in our country. Our energy
dependence becomes a problem, is continuing to be a problem, but what
we have to do is go about this in a way that makes sense.
And when we look at, yes, we need to look at additional research in
certain areas and additional expenditures in other areas and nuclear,
and the gentleman from Florida brought that point forward, the
gentleman brings forward the fact that we're increasing things like
that by 20 percent. That would be really good if we were spending
surpluses, but in fact we're not spending from surpluses, and what
we're talking about is deficit spending and what we're talking about is
an economic future for our young men and women.
Because you see what we're on the floor here today trying to do. My
colleagues and I are trying to save the American taxpayers some money,
because we have a leadership on the other side of the aisle that's on a
spending spree. They think they have surpluses that they're spending,
and in fact we're not.
In fact, we've got a $23 billion increase. We have got these ``funny
money'' accounts where we're going to come up with the money from
someplace. We all know where that money is coming from. That money is
going to come from the American taxpayers because they've already gone
on record to say that we're going to pass the largest tax increase in
American history. And the way they're going to do that is they're going
to tax the rich people.
[[Page 16265]]
Well, let's talk about the tax structure in this country today. For
example, who are the rich people? We've got 1 percent of the top wage
earners in this country already paying 33 percent of the taxes. Now,
the next level up, the top 5 percent, they get to pay 54 percent of the
taxes, and the top 10 percent get to pay 68 percent of the taxes.
Recently, the Tax Foundation brought forth a point that I think most
of us knew, and that is, that three out of every five, that's 60
percent, of America's highest income-bracket payers are small business
people. Let me repeat that. Three out of every five of the people who
are in the upper bracket, which is the bracket that they want to tax,
are small business people.
And what do small business people do? Well, they just do something
that's extraordinarily great for America. They create jobs. In fact,
they're the largest creator of jobs in this country. And what we did is
back in 2003 we said, you know what, we want small businesses to create
more jobs, make more economic security for our young people, and so we
lowered the taxes.
And what happened? Well, something wonderful. We created 7.8 million
new jobs in America. And you know what creating 7.8 million new jobs in
America did for us? Well, number one, we have the highest home
ownership rate in the history of this country.
{time} 1615
More people own a home today than any other time in the history of
this Nation. Guess what, more people are employed than any other time
in the history of our Nation.
What we have to do, the Speaker of this House stood up on the day
that she was sworn in and said, we listened to the people. I don't
think they were listening. If they thought the American people were
saying we want more spending and more taxes, I think they
misunderstood.
If the American people said anything, it is they want a government
that's less, that takes less of their money, spends less of their
money, lives, spends their money like government spends their money
like the American people have to, they have to spend within their
limits.
Yes, I will like a 2 percent increase in this and a 2 percent
increase in that, but the truth of the matter is, we can't afford it.
If we continue on this trend of higher taxes, bigger spending, we are
going to see these job numbers begin to talk.
So when you talk about we want more energy-efficient cars, let me
tell you, if we don't have anybody that can afford cars in America
because they don't have jobs, then what do we need energy-efficient
cars for?
Let's be sensible about our policy here. We are making a sufficient
amount of commitments to many of these initiatives, but we have to do
it in a commonsense way. We have to do it in a way that says, you know
what, a 2 percent increase or 3 percent, maybe this program should be
eliminated, because this program is not providing any dividends for the
American taxpayers.
We measure, around here, what we are doing about our problem by how
much money we spend on it. Quite honestly, that's how we got in the
situation of these large deficits is because we keep throwing money at
problems instead of standing up here on the floor of this House and
debating these issues and talking about what is in the best interest of
the taxpayers.
I commend the gentleman from Minnesota on his amendment and urge
passage.
Mr. GOHMERT. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I read a sign almost every day, they are out in
hallways all over, from the Blue Dog Coalition, and as of today, it
says today's U.S. national debt, $8.807 trillion; your share, $29,000.
There's some of us all the time we have been in the House been trying
to do something about that. We have been trying to bring down the
deficit. We have been trying to with our own party, the Republicans,
with the Democrats now in the majority, get spending reined in.
Also, in our Natural Resources Committee, as well as other committees
around, we have been trying to find answers to our energy problem,
because, let's face it, we're funding our enemies, people that want to
see us, have damage done to our way of life, if not destroyed.
So how do we get around this energy debacle where we keep using
fossil fuels that keep funding our enemies? I heard a chairman say a
moment ago, there is no silver bullet. I couldn't agree more. We need
every single aspect of energy, all of the alternative energies, all of
the energy sources we have, that includes drilling the Outer
Continental Shelf and areas where it would be safe to do so. It
includes drilling in ANWR, the Arctic National Wildlife Reserve in
Alaska, and here we've got $142 million that is in issue here.
As the saying goes, $142 million here, $142 million there, before
long, we are talking about real money. People in our hometowns, they
understand, this is a lot of money, may not be to some of us up here in
Washington, but, as we have seen recently, as we have seen recently the
last couple of weeks in Natural Resources, people keep wanting to study
things, let's study this.
We were ready to go on a biomass program. In the energy bill marked
up last week, we are going to back up 10 years and have another study
on that. We have these programs ready to go, and we keep wanting to
back up and have more studies done.
What we really need to do is just move forward. Some of these
studies, when left to the private sector, they are going to recoup
their money and their profits. Let them pay for these things. They are
making all these profits. Why should we use taxpayer dollars to do
that?
So we have coal that if the bill becomes law that was passed out of
Resources, it's going to make it harder to utilize the coal we have.
All these different alternative energy sources are available, and we
keep wanting to use money to study them.
What occurs to me, when I hear there is no silver bullet, is not only
do I agree that there is no silver bullet solution, but I keep feeling
like, because we keep appointing studies and keep wanting to spend
taxpayers' hard-earned money to study things, instead of just going
ahead and producing, that the silver bullet may be in the Chamber
that's pointed to our Nation's collective head here.
It's time to quit studying. It's time to move forward, it's time to
use money for purposes that are not those that should be done by the
private sector, and then we can get back to money.
Then, lo and behold, all those folks have been saying we really don't
want to raise taxes even though it looks like it's going to be the
largest tax increase in American history. All those who say we don't
want to raise taxes, it's this $142 million here, $142 million there.
Before you know it, we may even be able to lower taxes even further.
So I will encourage my colleagues, let's quit studying, let's quit
spending money that could be going back to taxpayers if we are not
going to need it for something more pressing, quit studying, start
producing and then that silver bullet won't be aimed at our head.
Mr. WALZ of Minnesota. Mr. Chairman, I move to strike the last word.
Mr. Chairman, thank you to the chairman and the ranking member of
this committee as we debate a very important piece of legislation in
the Energy and Water appropriations bill.
I would like to talk specifically about an issue that is vitally
important to literally hundreds of thousands of people in Minnesota,
South Dakota, and Iowa. The Lewis and Clark Rural Water System is a
unique water project that I am hopeful will receive the appropriate
funding as the Energy and Water appropriations bill moves forward.
This Lewis and Clark water project, when completed, will provide
safe, reliable drinking water to over 300,000 people in roughly 5,000
square miles of South Dakota, Iowa, and Minnesota. The project will
move water from the Missouri River into those areas to provide safe
drinking water and the ability of those communities to grow
economically.
[[Page 16266]]
Minnesota is called the Land of 10,000 lakes. Unfortunately, they are
not equally distributed. For example, in Rock County there is not a
single natural lake. The lack of water has a profound impact on
economic development. Businesses are reluctant to locate or expand
because of the lack of reliable water.
I literally have communities that I represent that cannot permit a
single new home to be built until someone moves out because their water
shortages are that severe. Seventeen of the 20 local municipalities
that are participating in this project, and I repeat on this and say it
very carefully, have prepaid $87 million of their local share of the
expenses in order to keep inflationary costs at a minimum.
Additionally, all three States involved, Minnesota, South Dakota and
Iowa, have committed to prepay on the project as well.
Unfortunately, the Federal Government is the partner that's lacking.
My constituents, the people of South Dakota and Iowa, clearly
understand expenditures of Federal dollars for investments are not
necessarily wasteful. If the Lewis and Clark Rural Water System
receives its full $35 million in requests this year, this project will
be completed by 2018. However, if we are funded at the level President
Bush has requested in his 2008 budget, we will not see completion until
past 2051.
The 300,000 people of Minnesota, South Dakota, and Iowa can't wait
that long. Previous Congresses have created a significant budget
crisis. I hear my colleagues mentioning that, and they're absolutely
right. We spent at deficit records. We created a national debt that is
staggering, but we cannot be penny-wise and pound-foolish.
The longer we take to provide appropriate Federal funds, the more
this project is going to cost, and it is already being built. It is
already being prepaid, and it will produce significant economic gains
for us.
I look forward to working with the chairman and ranking member to
make sure this project is appropriately funded.
Mr. GARRETT of New Jersey. Mr. Chairman, I move to strike the last
word.
Before I begin, let me just say I concur with the gentleman from
Minnesota on his priorities that he is setting forth, and I cannot
honestly say that I am familiar with each and every aspect of the
provisions that he is raising there; but from his testimony before the
House right now, they seem to at least rise to the level of
significance, especially when you go to the concern of making sure that
people need to have adequate drinking supply. So I appreciate him
coming to the floor and making that point.
I think the gentleman's point coincides with the point that I wish to
make right now in support of the gentleman's amendment that is on the
floor before us right now, and that is that it's incumbent upon this
House and this body to set priorities. The American public asks no less
of us, inasmuch as we are spending their hard-earned tax dollars. The
American public has seen the misapplication of setting of priorities of
this House in past administrations and past Houses in the past.
The American public has been outspoken when they saw, with regard to
what happened with Katrina, and the infamous case of buying of FEMA
trailers, literally thousands of them, that were then set on land and
never used for their rightful purposes. The American public was
outraged when they said the priorities were not appropriately spent
with their tax dollars in that instance.
Likewise we were outraged when they heard about the proverbial
``bridge to nowhere.'' Again they asked were not priorities set as to
where their tax dollars go when it comes to transportation purposes.
Again, finally in the area of earmarks, and the latter point raises
the earmarks. When the American public hears about the litany of
earmarks that come out of both this House and Senate as well, the
Cowgirl Hall of Fame and other such things, again the American public
asks are priorities not set on these matters, again, with their hard-
earned tax dollars.
Well, the American public spoke this last November and at least this
side of the aisle heard them loud and clear. We must set appropriate
priorities when it comes to the American tax dollars.
Unfortunately, unfortunately, the priorities that seem to be coming
from the other side of the aisle in the majority of cases are not the
appropriate priorities that the American public would set for
themselves. Priority number one from the other side of the aisle is a
budget which raises taxes, the largest tax increase in U.S. history
upon the American family.
Priority number two from the other side of the aisle appears to be an
increase in spending with little or no regard to accountability or
cutting spending in any areas. We see that in this case.
When I hear the arguments made, both pro and con in this bill, I am
taken aback. All this amendment simply does is to say that the American
taxpayer dollars should not be there and spent to subsidize Big Oil.
We had similar language in legislation last year. I know I supported
it saying that the American taxpayer, in light of oil now being sold at
over $60 a barrel, should not be forced into a situation anymore to
support Big Oil in coal industries when it comes to these things
through tax credits and tax cuts. I supported those, saying the
American public in that regard.
But, now, today, when we have a Member, Congressman Kline, saying
let's at least rein in, let's at least set some priorities as to where
our energy dollars should go, let's go to those areas, as the gentleman
here said, perhaps some who support carbon capture issues; let's have
some of those dollars, as a Member from the other side of the aisle
says, go to renewable energy resources, whether it be wind, water or
geothermal or et cetera. Let those dollars go to those areas, but let's
set the priorities of those dollars to go specifically to those areas
and not on extraneous purposes, as we saw in this bill.
Congressman Kline gave a couple of examples that really just threw me
when I heard them once again. The American public must really scratch
their head, as I did, when they say, should we be giving, as
Congressman Kline said, given the record profits being made by oil, gas
and coal, the research of oil and gas resources of the Russian Arctic
should be done and paid for by those oil companies and not by American
taxpayers. This amendment simply goes to make sure that occurs.
Likewise, again in the Arctic area, submersible deployed microdrill
sampling, ultralight cement and oil and gas resource assessments in
that area. Who should be paying for that? The American public?
We already pay for that when we go to the pump each time. Shouldn't
it be the oil companies who should make it a private investment and not
the American tax borrowers? This amendment simply says let's set those
priorities, let's reduce spending on those areas and make sure that we
have the dollars from the American public to spend on those other
areas, be they renewable energy or otherwise.
{time} 1630
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Minnesota (Mr. Kline).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. KLINE of Minnesota. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Minnesota
will be postponed.
Mr. VISCLOSKY. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mrs.
Jones of Ohio) having assumed the chair, Mr. Pomeroy, Acting Chairman
of the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R.
2641) making appropriations for energy and water development and
related agencies for the
[[Page 16267]]
fiscal year ending September 30, 2008, and for other purposes, had come
to no resolution thereon.
____________________
REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 2764, THE
DEPARTMENT OF STATE, FOREIGN OPERATIONS AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2008
Ms. SLAUGHTER, from the Committee on Rules, submitted a privileged
report (Rept. No. 110-199) on the resolution (H. Res. 498) providing
for consideration of the bill (H.R. 2764) making appropriations for the
Department of State, foreign operations, and related programs for the
fiscal year ending September 30, 2008, and for other purposes, which
was referred to the House Calendar and ordered to be printed.
____________________
PROVIDING FOR FURTHER CONSIDERATION OF H.R. 2641, ENERGY AND WATER
DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2008
Mr. VISCLOSKY. Madam Speaker, I ask unanimous consent that during
further consideration of H.R. 2641 in the Committee of the Whole
pursuant to House Resolution 481, notwithstanding clause 11 of rule
XVIII, no amendment to the bill may be offered except:
Pro forma amendments offered at any point in the reading by the
chairman or ranking minority member of the Committee on Appropriations
or their designees for the purpose of debate;
An amendment by Mr. Forbes regarding a study of certain river basins;
An amendment by Mr. Wynn regarding hydrogen research;
An amendment by Mr. Hensarling regarding funding for DOE Electricity
Delivery and Energy Reliability;
An amendment by Mr. Shadegg regarding funding for hydropower
incentives;
An amendment by Mr. Porter regarding Yucca Mountain;
An amendment by Mr. Price of Georgia regarding funding for the
Advanced Fuel Cycle Initiative;
An amendment by Mr. Burgess regarding funding for fossil energy;
An amendment by Mrs. Wilson of New Mexico regarding funding for
medical imaging;
An amendment by Mr. Upton or Mr. Towns regarding funding for nuclear
energy loan guarantees;
An amendment by Mr. Hensarling regarding funding for DOE Departmental
Administration;
An amendment by Mr. Matheson regarding funding for contract
oversight;
An amendment by Mrs. Tauscher regarding weapons dismantlement
activities;
An amendment by Mr. Udall of New Mexico regarding funding for weapons
activities;
An amendment by Mrs. Schmidt regarding a prohibition on Global
Nuclear Energy Partnership funds for certain nuclear waste storage;
An amendment by Mr. Space regarding funding for the Appalachian
Regional Commission;
An amendment by Mr. Neugebauer regarding funding for the Appalachian
Regional Commission;
An amendment by Mr. Hensarling regarding funding for the Denali
Commission;
An amendment by Ms. Berkley limiting use of funds for the Yucca
Mountain Youth Website educational campaign;
An amendment by Mr. Bishop of New York, Mr. Courtney, or Ms. DeLauro
limiting use of Federal Energy Regulatory Commission funds to review a
particular application;
An amendment by Mr. Conaway regarding use of reductions made through
amendments for deficit reduction;
An amendment by Mr. King of Iowa regarding actions to mitigate global
warming;
An amendment by Mr. Murphy of Connecticut limiting use of Federal
Energy Regulatory Commission funds for certain permit actions;
An amendment by Mrs. Musgrave regarding an across-the-board reduction
in funding;
An amendment by Mr. Price of Georgia regarding an across-the-board
reduction in funding, which shall be debatable for 30 minutes;
An amendment by Mr. Upton or Ms. Harman regarding use of Energy Star
certified light bulbs;
An amendment by Mr. Shadegg limiting use of funds to breach or remove
hydropower dams;
An amendment by Mr. Hinchey or Mr. Wolf limiting use of funds for
designation of transmission corridors, which shall be debatable for 20
minutes;
An amendment by Mr. Gohmert limiting use of funds for a certain
settlement regarding the National Resources Defense Council;
An amendment by Mr. Campbell of California reducing funds in the
bill, which shall be debatable for 30 minutes;
An amendment by Mr. Campbell of California reducing funds in the
bill, which shall be debatable for 30 minutes;
An amendment by Mr. Obey regarding earmarks;
An amendment by Mr. Garrett of New Jersey limiting the use of funds
for international conferences;
An amendment by Mr. Hobson limiting use of funds for the Mental
Illness and Neuroscience Discovery Institute in New Mexico; and
An amendment or amendments by Mr. Visclosky regarding funding levels.
Each such amendment may be offered only by the Member named in this
request or a designee, shall be considered as read, shall not be
subject to amendment except that the chairman and ranking minority
member of the Committee on Appropriations and the Subcommittee on
Energy and Water Development each may offer one pro forma amendment for
the purpose of debate; and shall not be subject to a demand for
division of the question in the House or in the Committee of the Whole.
Except as otherwise specified, each amendment shall be debatable for
10 minutes equally divided and controlled by the proponent and an
opponent. An amendment shall be considered to fit the description
stated in this request if it addresses in whole or in part the object
described.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
Mr. HOBSON. Madam Speaker, reserving the right to object, I need a
point of clarification on the amendment here on the UC. It's my
understanding that this says that no amendment to the bill will be
offered except the following; but that there will be another UC later
that will come forward that will allow the additional supplemental, to
allow that to come into the bill at a later date. Am I correct on that?
Mr. VISCLOSKY. My understanding is there would be an additional UC, a
unanimous consent request, or a new rule for the supplemental report
that would come up.
Mr. HOBSON. Well, I don't think they want a new rule. I think they
just want the understanding that there will be the provision that comes
forth with the supplemental material coming into the bill. That was the
understanding I thought was reached in the UC. Am I correct?
Mr. VISCLOSKY. My understanding is that we would agree to a UC.
Mr. HOBSON. I don't think they want a new rule. I think the point is
they don't want to go back to Rules again to bring the supplemental
material back into the bill at the later date, and that is basically
the earmark provision of the bill. Am I correct?
Mr. VISCLOSKY. That's fine. Yes, sir.
Mr. HOBSON. Madam Speaker, I withdraw my reservation based on that
understanding.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
[[Page 16268]]
____________________
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT,
2008
The SPEAKER pro tempore. Pursuant to House Resolution 481 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 2641.
{time} 1640
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 2641) making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2008, and for other purposes, with Mr. Pomeroy (Acting Chairman) in
the chair.
The Clerk read the title of the bill.
The Acting CHAIRMAN. When the Committee of the Whole rose earlier
today, a request for a recorded vote on amendment No. 19 by the
gentleman from Minnesota (Mr. Kline) had been postponed.
Pursuant to the order of the House of today, no further amendment to
the bill may be offered except those specified in the previous order of
the House of today, which is at the desk.
The Clerk will read.
The Clerk read as follows:
Naval Petroleum and Oil Shale Reserves
For expenses necessary to carry out naval petroleum and oil
shale reserve activities, including the hire of passenger
motor vehicles, $17,301,000, to remain available until
expended: Provided, That, notwithstanding any other provision
of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve
activities.
Strategic Petroleum Reserve
For necessary expenses for Strategic Petroleum Reserve
facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.), including the hire of passenger
motor vehicles, the hire, maintenance, and operation of
aircraft, the purchase, repair, and cleaning of uniforms, the
reimbursement to the General Services Administration for
security guard services, $163,472,000, to remain available
until expended.
Northeast Home Heating Oil Reserve
For necessary expenses for Northeast Home Heating Oil
Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act,
$5,325,000, to remain available until expended.
Energy Information Administration
For necessary expenses in carrying out the activities of
the Energy Information Administration, $105,095,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment
and other expenses necessary for non-defense environmental
cleanup activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility
acquisition, construction, or expansion, and the purchase of
not to exceed three passenger motor vehicles for replacement
only, $286,041,000, to remain available until expended, of
which $250,937,000 is for non-defense environmental cleanup
and $35,104,000 is for non-defense legacy management.
Uranium Enrichment Decontamination and Decommissioning Fund
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic
Energy Act of 1954 and title X, subtitle A, of the Energy
Policy Act of 1992, $618,759,000, to be derived from the
Fund, to remain available until expended, of which
$20,000,000 shall be available in accordance with title X,
subtitle A, of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment,
and other expenses necessary for science activities in
carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or facility
or for plant or facility acquisition, construction, or
expansion, and purchase of not to exceed 30 passenger motor
vehicles for replacement only, $4,514,082,000, to remain
available until expended.
Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the
purposes of the Nuclear Waste Policy Act of 1982, Public Law
97-425, as amended (the ``Act''), including the acquisition
of real property or facility construction or expansion,
$202,454,000, to remain available until expended, and to be
derived from the Nuclear Waste Fund: Provided, That of the
funds made available in this Act for Nuclear Waste Disposal,
$2,500,000 shall be provided to the State of Nevada solely
for expenditures, other than salaries and expenses of State
employees, to conduct scientific oversight responsibilities
and participate in licensing activities pursuant to the Act:
Provided further, That notwithstanding the lack of a written
agreement with the State of Nevada under section 117(c) of
the Nuclear Waste Policy Act of 1982, Public Law 97-425, as
amended, not less than $1,200,000 shall be provided to Nye
County, Nevada, for on-site oversight activities under
section 117(d) of that Act: Provided further, That $4,000,000
shall be provided to affected units of local government, as
defined in the Act, to conduct appropriate activities and
participate in licensing activities: Provided further, That
7.5 percent of the funds provided shall be made available to
affected units of local government in California with the
balance made available to affected units of local government
in Nevada for distribution as determined by the Nevada units
of local government: Provided further, That notwithstanding
the provisions of chapters 65 and 75 of title 31, United
States Code, the Department of Energy shall have no
monitoring, auditing or other oversight rights or
responsibilities over amounts provided to affected units of
local government under this heading: Provided further, That
the funds for the State of Nevada shall be made available
solely to the Nevada Division of Emergency Management by
direct payment and units of local government by direct
payment: Provided further, That within 90 days of the
completion of each Federal fiscal year, the Nevada Division
of Emergency Management and the Governor of the State of
Nevada shall provide certification to the Department of
Energy that all funds expended from such payments have been
expended for activities authorized by the Act and this Act:
Provided further, That failure to provide such certification
shall cause such entity to be prohibited from any further
funding provided for similar activities: Provided further,
That none of the funds herein appropriated may be: (1) used
directly or indirectly to influence legislative action,
except for normal and recognized executive-legislative
communications, on any matter pending before Congress or a
State legislature or for lobbying activity as provided in 18
U.S.C. 1913; (2) used for litigation expenses; or (3) used to
support multi-State efforts or other coalition building
activities inconsistent with the restrictions contained in
this Act: Provided further, That all proceeds and recoveries
realized by the Secretary of Energy in carrying out
activities authorized by the Act, including but not limited
to, any proceeds from the sale of assets, shall be available
without further appropriation and shall remain available
until expended: Provided further, That no funds provided in
this Act may be used to pursue repayment or collection of
funds provided in any fiscal year to affected units of local
government for oversight activities that had been previously
approved by the Department of Energy, or to withhold payment
of any such funds.
Amendment Offered by Mr. Porter
Mr. PORTER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Porter:
Page 21, strike line 22 and all that follows through page
24, line 9.
The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Nevada (Mr. Porter) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Nevada.
Mr. PORTER. Mr. Chairman, I appreciate this opportunity. I'd like to
thank my colleagues, Congresswoman Shelley Berkley from Nevada and
Congressman Dean Heller for being cosponsors.
I'd like to talk for a moment about the infamous Yucca Mountain
project, probably the most studied piece of real estate on the planet
as we know it today. That is because the Department of Energy and
Members of this Congress are trying to prove to the American people
that the Yucca Mountain project is safe.
Unfortunately, in the last budget of last year, 60 percent of that
budget was spent redoing problems with a broken project at Yucca
Mountain.
Mr. Chairman, it's broken. Study after study after study have proven
that it's a broken project; not only broken, but it's a colossal waste
of taxpayers' dollars. Thousands, if not millions of millions of
dollars have been
[[Page 16269]]
spent on investigating the Yucca Mountain project to look at their
flaws.
My committee last year alone, we looked at thousands of e-mails where
the science had been falsified. They've spent over $20 million fixing
the project from the research that we had done in my committee.
Mr. Chairman, if it was Wall Street that was looking at this project,
they would shut it down. Most every senior management personnel at
Yucca Mountain and the Department of Energy regarding the disposal of
nuclear waste have either quit or left the project.
Terrorism is another issue. We're trying to put millions and millions
of tons of nuclear waste in one spot. It creates an additional
terrorist target.
It's an unproven science, but yet we're going to roll this nuclear
waste through communities across our country.
Mr. Chairman, the bottom line, even if I supported the project, which
I don't, even if I was a nuclear industry, which I'm not, I would say
it's the biggest waste of taxpayers' dollars. It's literally a hole in
the ground.
I would encourage that Members of this Congress visit Yucca Mountain.
It is a $12 billion waste of money. If I were the nuclear industry, if
I were this Congress, I would find another site. I would store it on
site or find some other location.
The science is broken. Time and time again, we have found that it's a
flawed project, it's flawed science. If it were another project, if it
was a school bus, if was a space shuttle, with this many errors and
this many problems we would stop the project.
I encourage this Congress to support my amendment striking $202
million from this very flawed project.
{time} 1645
Mr. Chairman, I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I rise in opposition to the amendment.
The Acting CHAIRMAN. The gentleman from Indiana is recognized for 5
minutes.
Mr. VISCLOSKY. Mr. Chairman, the gentleman's amendment would
eliminate all nondefense funding for Yucca Mountain. High-level
radioactive waste exists in over 38 States. I believe it is
irresponsible to leave it where it is forever, and it is essential to
have a repository where it can be safely left for up to a million years
while the radioactivity decays away.
This waste comes from maintaining our nuclear weapons stockpile and
from spent fuel from civilian nuclear reactors that generate 20 percent
of all electricity in the United States.
Yucca was chosen by Congress in 1982 as a permanent geological
repository for high-level waste and billions have been spent to
characterize the site and prepare for licensing and construction.
Failure to open Yucca Mountain and take custody of commercial spent
nuclear fuel will cost the taxpayers over $7 billion by 2017 when the
repository could open. Cutting funding and delaying the filing of a
license application by only a year will simply exacerbate the problem
and increase this cost by more than a half billion dollars.
Failure to proceed with a reasonable approach to disposing of spent
nuclear fuel will cause the Nuclear Regulatory Commission to stop
licensing new nuclear reactors and extending the licenses of existing
plants. Every new and extended license must satisfy the waste
confidence clause. So this amendment will constrain our ability to grow
our economy without emitting any more greenhouse gasses. In the coming
years, it will choke off nearly 20 percent of U.S. electricity
generated by nuclear power plants.
And, again, we have tried to strike a very reasoned balance in this
bill as far as funding for the repository and other programs to
initiate a sound nuclear industry in the short term, and I am opposed
to the gentleman's amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. PORTER. Mr. Chairman, I yield 2 minutes to my friend and an
adamant opponent of Yucca Mountain, Shelley Berkley from Nevada.
Ms. BERKLEY. Mr. Chairman, I want to thank my colleague for this very
thoughtful amendment.
The Yucca Mountain project is a failure. Twenty years after Nevada
was unfairly singled out as the proposed dumpsite for this Nation's
radioactive garbage, the only waste at Yucca Mountain is the $12
million that has now been wasted on this ridiculous proposal.
Plans for Yucca Mountain threaten the safety of the families I
represent and the lives of 50 million Americans who will be at risk
from shipments of toxic radioactive garbage headed to Yucca Mountain.
One spill involving this deadly nuclear waste could make people sick,
die, and shut down our roads and railways, and cost millions to clean
up.
Nuclear waste shipments are also prime targets for terrorists looking
to unleash radiation on unsuspecting communities or to steal material
needed to make a dirty bomb. Current plans call for thousands of nuke
waste shipments on America's roads and railways, each one vulnerable to
a handheld missile or 9/11-style suicide attack, the results of which
could be devastating.
Decades of ``mobile Chernobyls'' passing by homes, schools,
hospitals, houses of worship, each an accident waiting to happen. And
believe me, Mr. Chairman, our first responders have no training and no
resources needed to deal with incidents involving these nuclear waste
shipments.
We talk about money and saving money by putting more money into Yucca
Mountain? We have absolutely no idea how much Yucca Mountain is going
to cost because there is no cost estimate. We have no time estimates.
We have no radiation standards. We don't have canisters that currently
exist that can store this nuclear waste and not have the nuclear
material leach into the groundwater that is going to pollute all of the
Southwestern United States water supplies.
Now, if we want to do something for the American people, let's end
this ridiculous folly before it costs us any more money. We have the
power to do it in Congress. It is time that we stop this ridiculous
proposal.
Mr. VISCLOSKY. Mr. Chairman, I yield such time as he may consume to
the ranking member, Mr. Hobson, in opposition to the amendment.
Mr. HOBSON. Mr. Chairman, I rise in opposition to the gentleman from
Nevada's amendment, as he might expect and as his colleague might
expect.
At some point we all have to go beyond parochial politics and do the
right thing for the entire Nation. This is a NIMBY approach: ``Not in
my backyard.'' Under any scenario you might imagine, from the
construction of new nuclear power plants to shutting down all existing
plants tomorrow, from continuing with the once-through fuel to cycle to
beginning to recycle our spent nuclear fuel, we will need the first
repository at Yucca Mountain. If we pursue recycling, we can avoid the
need to build eight more Yucca Mountains, but we still need that first
repository.
The Federal Government has a statutory and contractual obligation,
already adjudicated in the courts. It is costing us money by not
getting it operational on Yucca Mountain.
But this is not solely a question about what to do with commercial
spent fuel. One-tenth of Yucca's capacity by weight, and up to one-
third of its capacity by volume, is dedicated to defense spent fuel and
high-level waste.
Without Yucca Mountain this material will stay put in places like
Hanford, Idaho, Savannah River, and West Valley. Many of these sites
already have enforceable cleanup agreements requiring these materials
to be shipped off to the geologic repository.
I would like to think we don't need a repository, but we do need a
repository. We need it now, not 100 years. We need to move forward with
this. And my real desire is that we won't have to build eight of them
someplace and certainly not in Nevada. But we have got to finish this
one off. It is a waste of taxpayers' money not to do it.
I urge opposition to this amendment.
Mr. PORTER. Mr. Chairman, I appreciate the comments of my colleague
from Ohio. But I believe there are Members of Congress that are in a
rush
[[Page 16270]]
to find a place. They have spent 20 years in a rush. And in the midst
of that time, we have created a project that is a colossal waste of
taxpayers' dollars. We need to find a site that is safe.
I support nuclear energy. I do not support the waste being in Nevada
because it is absolutely broken.
Mr. Chairman, I appreciate this time and encourage this Congress to
stop the funding of this very flawed project and find a site that is
safe for the American people.
Mr. HELLER of Nevada. Mr. Chairman, I rise today in strong support of
the Porter-Heller-Berkley amendment to the Energy and Water
Appropriations Act for fiscal year 2008. This amendment would strike
the funding for the proposed Yucca Mountain site, and help end this
enormous financial disaster for the taxpayers and for Nevada.
Colleagues, Yucca Mountain is in my district, Nevada's Second
District.
Our State has been dealing with this issue for literally decades, the
Federal Government has spent billions of dollars, and we are frankly
almost no closer today to opening this site than we were years ago.
As has been stated by my Nevada colleagues, over the past 20 years
the proposed site has suffered from gross mismanagement, faulty science
and research, and contract mismanagement.
But we aren't just opposed to this site in an arbitrary manner. In
fact, a number of solutions exist that are acceptable and safer, like
dry-cask storage for example.
If you're opposed to nuclear waste traveling through your
communities, creating safety and security hazards in your
neighborhoods, then you should support this amendment.
If you're concerned about the taxpayers, wasting their funds, and the
wise stewardship of Federal tax dollars, then support this amendment.
Both Senators, the Governor and the House delegation are united in
opposition to Yucca Mountain. That should send a very clear message to
us here in the House about the opposition in Nevada.
Support the Porter-Heller-Berkley amendment.
Mr. PORTER. Mr. Chairman, I yield back the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Nevada (Mr. Porter).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mr. PORTER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Nevada will
be postponed.
The Clerk will read.
The Clerk read as follows:
Environment, Safety and Health
For Department of Energy expenses for Environment, Safety,
and Health activities, $31,625,000, to remain available until
expended.
Title 17 Innovative Technology Loan Guarantee Loan Program
Subject to the Federal Credit Reform Act of 1990, as
amended, during fiscal year 2008 commitments to guarantee
loans under title XVII of the Energy Policy Act of 2005 shall
not exceed a total principal amount, any part of which is to
be guaranteed, of $7,000,000,000: Provided, That of that
amount, $2,000,000,000 shall be available for carbon
sequestration optimized coal power plants, $4,000,000,000
shall be available for projects that promote biofuels and
clean transportation fuels, and $1,000,000,000 shall be
available for electric transmission facilities or renewable
power generation systems: Provided further, That pursuant to
section 1702(b)(2) of the Act, no appropriations are
available to pay the subsidy cost of such guarantees:
Provided further, That the source of payments received from
borrowers for the subsidy cost shall not be a loan or other
debt obligation that is made or guaranteed by the Federal
Government.
Amendment No. 10 Offered by Mr. Upton
Mr. UPTON. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 10 offered by Mr. Upton:
Page 24, line 20, after the dollar amount, insert
``(increased by $4,000,000,000)''.
Page 24, after line 22, insert ``$4,000,000,000 shall be
available for advanced nuclear energy facilities,''.
The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentleman from Michigan (Mr. Upton) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. UPTON. Mr. Chairman this amendment that I am introducing, which I
will subsequently withdraw, expresses my concern about the committee's
action to cap loan guarantees at $7 billion for new energy projects
designed to reduce carbon emissions.
And before I ask unanimous consent to withdraw the amendment, I am
going to ask the chairman to enter into a colloquy with myself, and I
will also submit remarks from Mr. Towns, coauthor with me; as well as
my ranking member of the Energy and Commerce Committee, Mr. Barton.
Mr. Chairman, under the Energy Policy Act of 2005, the Congress
authorized funding to provide loan guarantees for any technology which
reduces carbon emissions. That was designed to help a vast array of
technologies such as wind, solar, clean coal, ethanol, and nuclear.
Your committee excluded new nuclear plants as one of the technologies
eligible for loan guarantees under the 2005 Energy Policy Act. And as a
supporter of nuclear power, I oppose that exclusion. I am concerned
that this may delay new projects that are being planned, and I am
hopeful that these concerns can be addressed when you reach a
conference with the Senate.
I would also note that the authorization in the energy appropriation
bill is just that, an authorization. No appropriation is required. It
is a standard practice that Federal loan guarantee programs have an
annual loan volume authorization in an appropriations bill and that the
program which is authorized in title 17 of the Energy Policy Act is
unique. We must remember that it is self-financing and requires no
taxpayer funds. Utilities that are building these plants will pay all
of the costs associated with the program, including administrative
costs of processing the loan guarantee applications and the credit
subsidy cost of issuing the loan guarantee itself.
So, Mr. Chairman, I would like you to help us if you can address
these concerns.
Mr. VISCLOSKY. Mr. Chairman, will the gentleman yield?
Mr. UPTON. I yield to the chairman of the subcommittee, my good
friend, Mr. Visclosky.
Mr. VISCLOSKY. Mr. Chairman, I appreciate the gentleman's yielding.
And I want to acknowledge that we in Congress authorized the loan
guarantee program for advanced technology that addresses clean air and
climate concerns. The Federal Credit Reform Act explicitly states that
loan obligations can only be made to the extent there is an affirmative
action on the part of the Appropriations Committee.
The Federal Credit Reform Act provides that new direct loan
obligations may be incurred and new loan guarantee commitments may be
made for fiscal year 1992 and thereafter only to the extent that, one,
new budget authority is provided in an appropriations act; and, two, a
limitation on the use of funds for the cost of a loan guarantee has
been ``provided in an appropriations act''; or, three, ``authority is
otherwise provided in appropriations acts.''
However, it is the implementation of this program that has raised the
concerns of the committee. Our fiscal year 2008 bill does not provide
loan guarantees for the nuclear industry. The request for guaranteed
loans from the Nuclear Energy Association, subsidized by the Federal
Government, is very large. It overwhelms what the bill provides for the
entire energy community. The administration had asked for a total of $4
billion for the nuclear energy industry and the coal industry. This
does not come close to what the Nuclear Energy Association has
indicated they need. The Nuclear Energy Association indicates a need
for $25 billion in Federal guaranteed loans for fiscal year 2008 and
more than that in fiscal year 2009. The ``system,'' meaning the DOE
loan guarantee infrastructure, cannot accommodate a request of this
size at this time.
I would also point out that the fiscal year 2006 joint continuing
resolution
[[Page 16271]]
included $4 billion in Incentives For Innovative Technology loan
guarantees for the Department of Energy to execute, without defining
which technologies to target. The Congress did not limit the use of
this initial $4 billion for nuclear projects. The administration chose
not to make these loans available to the nuclear community.
{time} 1700
I believe in the ``go slow approach.'' We should take all deliberate
speed for the new DOE programs. I recommend this approach to the
Congress on this one based on my continuing concerns about how DOE has
managed it to date. I am, however, open to new information about the
industry's plan for innovative technology deployment and discussion
about how DOE can implement the program. I pledge to work with the
gentleman to see if we can come to an agreeable solution.
Mr. UPTON. I thank the gentleman for the helpful understanding. I
look forward to working with you and Mr. Hobson.
Mr. BARTON of Texas. Mr. Chairman, I thank the Gentleman. I rise to
associate myself with the remarks of my good friends from Michigan and
New York in support of this amendment. Nuclear power must be a part of
our future energy supply. Companies that are planning to build new
nuclear plants estimate that they will request a loan of $20 to $25
billion in FY '08. The companies expect to complete loan guarantee
agreements in FY '08 because they must have financing in place in order
to maintain their current schedules. Without loan guarantees for new
nuclear plants, we risk a delay in bringing more safe and emission free
nuclear plants online at a time when we are trying to diversify our
supplies of power as quickly as possible. I thank the Gentleman for
yielding me this time and I yield back.
Mr. TOWNS. Mr. Chairman, I thank the Gentleman. Mr. Chairman, I rise
in support of this amendment which also goes to the heart of my
concerns that certain technologies were excluded from receiving loan
guarantees. Nuclear power emits no greenhouse gases and needs to be
part of the solution towards addressing the concerns of climate change.
In some cases, companies have stated that without loan guarantees,
plans for new nuclear plants will be abandoned in favor of other forms
of generating capacity to meet the growing demand for baseload
electricity. This will not serve our nation's energy security and
environmental interests. The Export-Import Bank has billions of dollars
of loan guarantees available for financing these types of projects
overseas. Some people joke that it would be easier to build a nuclear
plant in Mexico rather than in New Mexico. Mr. Chairman, I ask if I
could work with you to address these concerns as we move towards a
conference with the Senate and I yield back to the Gentleman from
Michigan.
Mr. UPTON. Mr. Chairman, at this point I would ask unanimous consent
to withdraw my amendment.
The Acting CHAIRMAN. Without objection, the amendment is withdrawn.
There was no objection.
Mr. VISCLOSKY. Mr. Chairman, I ask unanimous consent that the
gentlewoman from California (Mrs. Tauscher) be allowed to offer her
amendment at this time.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
Amendment No. 6 Offered by Mrs. Tauscher
Mrs. TAUSCHER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mrs. Tauscher:
Page 27, line 4, after ``expended'' insert the following:
``: Provided, That $173,250,000 of the amounts provided are
available for nuclear weapons dismantlement activities at
Department of Energy facilities authorized for such
activities, of which $91,000,000 is for the Pit Disassembly
and Conversion Facility Project at the Savannah River Site,
South Carolina''.
The Acting CHAIRMAN. Pursuant to the order of the House of today, the
gentlewoman from California (Mrs. Tauscher) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from California.
Mrs. TAUSCHER. Mr. Chairman, this amendment has been discussed with
the Energy and Water Development Subcommittee, and I understand it is
acceptable to the chairman and the ranking member.
Before explaining my amendment, I want to congratulate Chairman
Visclosky and Ranking Member Hobson for the bill before the House
today. It is a strong testament to their talents. Among its
achievements, the bill provides substantial increases for two broad
national priorities that I have long championed, nuclear
nonproliferation activities to prevent the spread of weapons of mass
destruction and the materials and technologies that be can used to
create such weapons, and scientific research on technologies to reduce
our dependence on foreign sources of energy and on fossil fuels in
general.
The committee report takes a series of bold actions involving the
Nation's nuclear weapons program, including directing the Department of
Energy to reevaluate its plans for modernizing the nuclear weapons
complex and demanding rapid consolidation of weapons-usable nuclear
material. I want to commend the Energy and Water Subcommittee for their
fine work.
The bill also provides critical funding increases to a lesser known
national priority, the National Ignition Campaign, which is being
carried out at the Lawrence Livermore National Lab in my district. When
the NIF is completed in fiscal year 2009, it will be a scientific tool
unlike anything the world has ever seen.
The National Ignition Facility will give U.S. scientists
unprecedented insight into nuclear weapons phenomena, without nuclear
explosions, and thus play a crucial role in the science-based stockpile
stewardship program, which ensures the safety and reliability of our
nuclear deterrent without nuclear testing. I commend the committee for
its support of this critically important program.
I do need to mention, however, that the report accompanying the bill
includes a few instances where I believe the Appropriations Committee
ventured beyond what was authorized in the weapons activities account
by the House Armed Services Committee, where I serve as chairman of the
Subcommittee on Strategic Forces.
Directing the relocation of the long-planned Pit Disassembly and
Conversion Facility, commencing weapons disassembly activities at the
Nevada Test site without a feasibility assessment, and initiating a
major new construction project at the Idaho National Lab are all
examples of actions that would be more appropriately dealt with by the
authorizing committee.
Separately, by cutting the funds for the mixed oxide fuel facility
while demanding improved execution on the project, I believe it sets up
an unfair task for the Energy Department. Having said that, Chairman
Visclosky and Ranking Member Hobson, as well as our staff, have been
very open to dialogue on these issues, and I truly, truly appreciate
that.
My amendment modifies the bill to address two actions recommended by
the committee report. First, the amendment confirms that the pit
facility will be located at the Savannah River site. The site was
selected by a former record of decision that was issued in 2000, which
was in turn based on the environmental impact statement completed in
1999.
And second, the amendment directs that weapons dismantlement
activities funded by the bill to be conducted at sites authorized to
conduct such activity.
I want to sincerely thank the chairman and ranking member for
agreeing to accept this amendment. We are very grateful for the spirit
of cooperation in which this amendment was achieved. I believe this
cooperation is possible because at the end of the day we are in
fundamental agreement on most of these issues.
I trust that going forward we can continue discussing these projects,
as well as others, and work together moving the country forward
concerning the future of a nuclear weapons complex.
I urge adoption of this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Chairman, I move to strike the last word.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
[[Page 16272]]
Mr. VISCLOSKY. Mr. Chairman, I appreciate the recognition, and simply
rise to accept the gentlelady's amendment.
This has been a collaborative effort. And I would want to also
congratulate the gentlewoman from California and all of her
subcommittee members for their very good and strong leadership in
rationalizing the nuclear weapons complex and bolstering the nuclear
nonproliferation programs at the National Nuclear Security
Administration.
The fact is, the gentlelady in particular has exercised great
leadership in the issues of nonproliferation, making sure we have an
appropriate and rationalized weapons complex, and that again, we are
very deliberative as far as what the long-term nuclear policy of this
country is. And again, I also appreciate her very early interjection
into the work of this subcommittee, and her cooperation as well as her
staff's cooperation. And again, it is my pleasure, on behalf of the
subcommittee, to accept her amendment.
Mrs. TAUSCHER. Mr. Chairman, I am very excited to continue to work
with the chairman and the ranking member of the Energy and Water
Development Appropriations Committee.
As I said earlier, our two staffs have worked very closely together
to achieve what I think is some very good work on the National Nuclear
Weapons Complex and other issues. I appreciate his accepting of this
amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from California (Mrs. Tauscher).
The amendment was agreed to.
Announcement by the Chairman
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments on which further proceedings were
postponed, in the following order:
An amendment by Mr. Westmoreland of Georgia.
Amendment No. 26 by Mr. Westmoreland of Georgia.
Amendment No. 24 by Mr. Westmoreland of Georgia.
Amendment No. 25 by Mr. Westmoreland of Georgia.
Amendment No. 23 by Mr. Sessions of Texas.
Amendment No. 22 by Mr. Hensarling of Texas.
Amendment by Mr. Lamborn of Colorado.
Amendment No. 21 by Mr. Campbell of California.
An amendment by Mr. Stearns of Florida.
Amendment No. 19 by Mr. Kline of Minnesota.
The amendment by the gentleman from Nevada (Mr. Porter) will be taken
at a later time.
The Chair will reduce to 2 minutes the time for any electronic vote
after the first vote in this series.
Amendment Offered by Mr. Westmoreland
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Georgia
(Mr. Westmoreland) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 84,
noes 341, not voting 12, as follows:
[Roll No. 502]
AYES--84
Bachmann
Bachus
Barrett (SC)
Bartlett (MD)
Bilbray
Blackburn
Blunt
Boehner
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Campbell (CA)
Cannon
Cantor
Chabot
Coble
Cole (OK)
Conaway
Culberson
Davis (KY)
Davis, David
Deal (GA)
Dreier
Duncan
Ehlers
Everett
Flake
Fossella
Foxx
Franks (AZ)
Garrett (NJ)
Gingrey
Gohmert
Goode
Goodlatte
Graves
Hall (TX)
Heller
Hensarling
Hunter
Inglis (SC)
Issa
Johnson, Sam
Keller
King (IA)
Kingston
Kline (MN)
Lamborn
Lewis (KY)
Linder
Lungren, Daniel E.
Marchant
McHenry
McKeon
Mica
Miller (FL)
Moran (KS)
Myrick
Neugebauer
Paul
Pearce
Pence
Petri
Pickering
Pitts
Price (GA)
Ramstad
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (NE)
Smith (TX)
Souder
Stearns
Terry
Westmoreland
Wilson (SC)
NOES--341
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baker
Baldwin
Barrow
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Bonner
Bono
Boozman
Bordallo
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Buchanan
Butterfield
Calvert
Camp (MI)
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Edwards
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Forbes
Fortenberry
Fortuno
Frank (MA)
Frelinghuysen
Gallegly
Gerlach
Giffords
Gilchrest
Gillibrand
Gillmor
Gonzalez
Gordon
Granger
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh
McIntyre
McMorris Rodgers
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Nunes
Obey
Olver
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Platts
Poe
Pomeroy
Porter
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tancredo
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--12
Abercrombie
Cubin
Davis, Jo Ann
Faleomavaega
Larson (CT)
Moore (WI)
Musgrave
Oberstar
Ortiz
Peterson (PA)
Sullivan
Walden (OR)
{time} 1730
Ms. CLARKE and Messrs. YARMUTH, SAXTON, POE, and
[[Page 16273]]
HERGER changed their vote from ``aye'' to ``no.''
Messrs. LEWIS Of Kentucky, TERRY, and HALL of Texas changed their
vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
(By unanimous consent, Mr. Brown of South Carolina was allowed to
speak out of order.)
Moment of Silence in Memory of Nine South Carolina Firefighters Who
Perished in Line of Duty
Mr. BROWN of South Carolina. Mr. Chairman, last night, nine brave
firefighters from my district lost their lives in the line of duty.
Responding to a fire in the West Ashley area of Charleston, these men
made the ultimate sacrifice in service to our community in what was the
single worst loss of firefighters since 9/11. This tragedy is a somber
reminder of the dangers our first responders face on a daily basis as
they serve to protect us and our property. We are forever grateful for
their service and deeply sadden by their loss.
Our hearts and prayers go out to the families of these courageous
men: Captain William ``Billy'' Hutchinson, Captain Mike Benke, Captain
Louis Mulkey, Engineer Mark Kelsey, Engineer Bradford ``Brad'' Baity,
Assistant Engineer Michael French, Firefighter James ``Earl'' Drayton,
Firefighter Brandon Thompson and Firefighter Melven Champaign.
These men, who had over 100 years of service among them, gave their
lives doing a job they loved.
I now yield to my good friend, Mr. Clyburn.
Mr. CLYBURN. I thank my friend, Mr. Brown, for yielding me this time.
Not since 9/11 have we been reminded so poignantly of the sacrifice our
first responders make to protect our safety. These nine firefighters
gave the ultimate sacrifice last night doing the jobs they loved. As
Charlestonians, South Carolinians and Americans, we are grateful for
their service and deeply saddened by their loss.
Our hearts go out to their families and their colleagues. This
devastating loss is one that touched the hearts of our entire Nation,
and we grieve with them.
Dr. Martin Luther King, Jr., once said, ``Everybody can be great
because anybody can serve. You only need a heart full of grace, a soul
generate by love and you can be that servant.''
These firefighters were public servants in the truest sense. They
answered the call to serve their community, and today Charleston and
South Carolina are better places for their service.
Among the nine that perished was a combined 123 years of service to
the Charleston Fire Department. This is a remarkable testament to their
dedication and selflessness. Their experience and service cannot be
replaced, and their contributions will not be forgotten.
Mr. Chairman, I ask my colleagues to rise and join me in a moment of
silence.
Announcement by the Acting Chairman
The Acting CHAIRMAN. Without objection, 2-minute voting will
continue.
There was no objection.
Amendment No. 26 Offered by Mr. Westmoreland
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Georgia
(Mr. Westmoreland) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 76,
noes 351, not voting 10, as follows:
[Roll No. 503]
AYES--76
Bachmann
Barrett (SC)
Bartlett (MD)
Bilbray
Bishop (UT)
Blackburn
Blunt
Boehner
Brown-Waite, Ginny
Burton (IN)
Buyer
Campbell (CA)
Cannon
Cantor
Chabot
Coble
Cole (OK)
Conaway
Davis, David
Davis, Tom
Deal (GA)
Dreier
Duncan
Ehlers
Everett
Flake
Fossella
Foxx
Franks (AZ)
Gingrey
Goode
Graves
Hall (TX)
Hastings (WA)
Hensarling
Hunter
Inglis (SC)
Issa
Johnson, Sam
Keller
King (IA)
Kline (MN)
Lamborn
Linder
Manzullo
Marchant
Matheson
McKeon
McMorris Rodgers
Miller (FL)
Myrick
Neugebauer
Paul
Pearce
Pence
Petri
Pitts
Price (GA)
Ramstad
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (NE)
Smith (TX)
Souder
Stearns
Tancredo
Terry
Westmoreland
Wilson (SC)
NOES--351
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachus
Baird
Baker
Baldwin
Barrow
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Bonner
Bono
Boozman
Bordallo
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Buchanan
Burgess
Butterfield
Calvert
Camp (MI)
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Edwards
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Forbes
Fortenberry
Fortuno
Frank (MA)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gillmor
Gohmert
Gonzalez
Goodlatte
Gordon
Granger
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastert
Hastings (FL)
Hayes
Heller
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kingston
Kirk
Klein (FL)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Nadler
Napolitano
Neal (MA)
Norton
Nunes
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pickering
Platts
Poe
Pomeroy
Porter
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (OH)
Wolf
[[Page 16274]]
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--10
Abercrombie
Cubin
Davis, Jo Ann
Faleomavaega
Larson (CT)
Moore (WI)
Ortiz
Peterson (PA)
Sullivan
Walden (OR)
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). One minute is left in the
vote.
{time} 1739
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 24 Offered by Mr. Westmoreland
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Georgia
(Mr. Westmoreland) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 111,
noes 315, not voting 11, as follows:
[Roll No. 504]
AYES--111
Bachmann
Bachus
Barrett (SC)
Bartlett (MD)
Bilbray
Bishop (UT)
Blunt
Boehner
Bonner
Brady (TX)
Burgess
Burton (IN)
Buyer
Camp (MI)
Campbell (CA)
Cannon
Cantor
Castle
Chabot
Coble
Cole (OK)
Conaway
Davis, David
Davis, Tom
Deal (GA)
Diaz-Balart, L.
Diaz-Balart, M.
Dreier
Duncan
Ehlers
Everett
Feeney
Flake
Fortuno
Fossella
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Graves
Hall (TX)
Hastings (WA)
Heller
Hensarling
Hoekstra
Inglis (SC)
Issa
Johnson, Sam
Jordan
Keller
King (IA)
Kingston
Kline (MN)
Knollenberg
Lamborn
Linder
Manzullo
Marchant
Matheson
McCarthy (CA)
McCaul (TX)
McHenry
McKeon
McMorris Rodgers
McNerney
Mica
Miller (FL)
Miller, Gary
Miller, George
Musgrave
Myrick
Neugebauer
Paul
Pearce
Pence
Petri
Pitts
Platts
Poe
Price (GA)
Putnam
Ramstad
Reynolds
Rogers (AL)
Rogers (MI)
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Smith (NE)
Smith (TX)
Souder
Stearns
Tancredo
Terry
Thornberry
Tiberi
Upton
Walberg
Westmoreland
Wilson (NM)
Wilson (SC)
NOES--315
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baker
Baldwin
Barrow
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Blackburn
Blumenauer
Bono
Boozman
Bordallo
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Butterfield
Calvert
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Edwards
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Fallin
Farr
Fattah
Ferguson
Filner
Forbes
Fortenberry
Frank (MA)
Frelinghuysen
Gerlach
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Granger
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastert
Hastings (FL)
Hayes
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inslee
Israel
Jackson (IL)
Jefferson
Jindal
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matsui
McCarthy (NY)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh
McIntyre
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Mitchell
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Nunes
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pickering
Pomeroy
Porter
Price (NC)
Pryce (OH)
Radanovich
Rahall
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Rodriguez
Rogers (KY)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tiahrt
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Wexler
Whitfield
Wicker
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--11
Abercrombie
Cubin
Davis, Jo Ann
Faleomavaega
Jackson-Lee (TX)
Larson (CT)
Moore (WI)
Ortiz
Peterson (PA)
Sullivan
Walden (OR)
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). One minute remains in this
vote.
{time} 1744
So the amendment was rejected.
The result of the vote was announced as above recorded.
Announcement by the Acting Chairman
The Acting CHAIRMAN. By virtue of the unanimous consent agreement
reached earlier, the voting time is reduced to 2 minutes. Members
should remain in the Chamber for the execution of their votes for this
series.
Amendment No. 25 Offered by Mr. Westmoreland
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Georgia
(Mr. Westmoreland) on which further proceedings were postponed and on
which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 77,
noes 350, not voting 10, as follows:
[Roll No. 505]
AYES--77
Bachmann
Barrett (SC)
Bartlett (MD)
Bilbray
Bishop (UT)
Blackburn
Blunt
Boehner
Brown-Waite, Ginny
Burton (IN)
Buyer
Campbell (CA)
Cannon
Cantor
Chabot
Coble
Cole (OK)
Conaway
Davis, David
Diaz-Balart, L.
Diaz-Balart, M.
Dreier
Duncan
Feeney
Flake
Fossella
Foxx
Franks (AZ)
Garrett (NJ)
Gingrey
Graves
Heller
Hensarling
Hunter
Inglis (SC)
Issa
Johnson, Sam
Keller
King (IA)
Kline (MN)
Lamborn
Linder
Lungren, Daniel E.
Manzullo
Marchant
Matheson
McKeon
Miller (FL)
Miller, Gary
Musgrave
Myrick
Neugebauer
Paul
Pearce
Pence
Pitts
Price (GA)
Putnam
Ramstad
Rogers (MI)
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Smith (NE)
Smith (TX)
Souder
Stearns
Tancredo
Terry
Weldon (FL)
Westmoreland
Wilson (SC)
NOES--350
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
[[Page 16275]]
Andrews
Arcuri
Baca
Bachus
Baird
Baker
Baldwin
Barrow
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Bonner
Bono
Boozman
Bordallo
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Buchanan
Burgess
Butterfield
Calvert
Camp (MI)
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Ferguson
Filner
Forbes
Fortenberry
Fortuno
Frank (MA)
Frelinghuysen
Gallegly
Gerlach
Giffords
Gilchrest
Gillibrand
Gillmor
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastert
Hastings (FL)
Hastings (WA)
Hayes
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kingston
Kirk
Klein (FL)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McMorris Rodgers
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Nunes
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Petri
Pickering
Platts
Poe
Pomeroy
Porter
Price (NC)
Pryce (OH)
Radanovich
Rahall
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--10
Abercrombie
Cubin
Davis, Jo Ann
Faleomavaega
Larson (CT)
Moore (WI)
Ortiz
Peterson (PA)
Sullivan
Walden (OR)
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). One minute remains in the
vote.
{time} 1749
Mr. REYNOLDS and Mr. YOUNG of Florida changed their vote from ``aye''
to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 23 Offered by Mr. Sessions
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Texas (Mr.
Sessions) on which further proceedings were postponed and on which the
noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 164,
noes 259, not voting 14, as follows:
[Roll No. 506]
AYES--164
Aderholt
Akin
Alexander
Bachmann
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boustany
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Carter
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Everett
Fallin
Feeney
Flake
Forbes
Fortenberry
Fortuno
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Jindal
Johnson, Sam
Jordan
Keller
King (IA)
King (NY)
Kingston
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Latham
Lewis (CA)
Lewis (KY)
Linder
Lucas
Lungren, Daniel E.
Mack
Manzullo
McCarthy (CA)
McCaul (TX)
McCrery
McHenry
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Petri
Pickering
Pitts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Ramstad
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Smith (NE)
Smith (TX)
Souder
Stearns
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Upton
Walberg
Wamp
Weldon (FL)
Weller
Westmoreland
Wicker
Wilson (NM)
Wilson (SC)
Young (FL)
NOES--259
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Bordallo
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castle
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Farr
Fattah
Ferguson
Filner
Frank (MA)
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Kirk
Klein (FL)
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
LaTourette
Lee
Levin
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McCotter
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor
[[Page 16276]]
Payne
Perlmutter
Peterson (MN)
Platts
Pomeroy
Price (NC)
Radanovich
Rahall
Rangel
Regula
Reyes
Rodriguez
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Whitfield
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
NOT VOTING--14
Abercrombie
Bachus
Cubin
Davis, Jo Ann
Faleomavaega
Kagen
Larson (CT)
Marchant
Moore (WI)
Ortiz
Peterson (PA)
Schakowsky
Sullivan
Walden (OR)
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). There is 1 minute remaining in
the vote.
{time} 1752
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated against:
Ms. SCHAKOWSKY: Mr. Chairman, on rollcall No. 506, had I been
present, I would have voted ``no.''
Amendment No. 22 Offered by Mr. Hensarling
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Texas (Mr.
Hensarling) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 121,
noes 305, not voting 11, as follows:
[Roll No. 507]
AYES--121
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Boustany
Brady (TX)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Chabot
Coble
Conaway
Cooper
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Dreier
Duncan
Ehlers
Everett
Fallin
Feeney
Flake
Fortuno
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Garrett (NJ)
Gerlach
Gingrey
Gohmert
Goode
Goodlatte
Graves
Hall (TX)
Hastert
Hensarling
Hulshof
Inglis (SC)
Issa
Jindal
Johnson, Sam
Jordan
Keller
King (IA)
Kingston
Kline (MN)
Knollenberg
Lamborn
Lewis (KY)
Linder
Mack
Manzullo
Marchant
McCaul (TX)
McCrery
McHenry
McKeon
Mica
Miller (FL)
Moran (KS)
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Petri
Pitts
Platts
Poe
Price (GA)
Putnam
Ramstad
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Smith (NE)
Smith (TX)
Souder
Stearns
Tancredo
Terry
Upton
Weldon (FL)
Weller
Westmoreland
Wilson (SC)
NOES--305
Ackerman
Aderholt
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Bono
Boozman
Bordallo
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown (SC)
Brown, Corrine
Butterfield
Calvert
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castle
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole (OK)
Conyers
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Edwards
Ellison
Ellsworth
Emanuel
Emerson
Engel
Eshoo
Etheridge
Farr
Fattah
Ferguson
Filner
Forbes
Fortenberry
Frank (MA)
Gallegly
Giffords
Gilchrest
Gillibrand
Gillmor
Gonzalez
Gordon
Granger
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCollum (MN)
McCotter
McDermott
McGovern
McHugh
McIntyre
McMorris Rodgers
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pickering
Pomeroy
Porter
Price (NC)
Pryce (OH)
Radanovich
Rahall
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Rodriguez
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walberg
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--11
Abercrombie
Cubin
Davis, Jo Ann
English (PA)
Faleomavaega
Larson (CT)
Moore (WI)
Ortiz
Peterson (PA)
Sullivan
Walden (OR)
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). There is less than 1 minute
remaining in this vote.
{time} 1757
So the amendment was rejected.
The result of the vote was announced as above recorded.
Announcement by the Acting Chairman
The Acting CHAIRMAN. There are four votes remaining in this series.
Members are requested to remain in the Chamber for their execution of
the votes under the 2-minute time frame agreed to by unanimous consent.
Amendment Offered by Mr. Lamborn
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Colorado
(Mr. Lamborn) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 151,
noes 274, not voting 12, as follows:
[[Page 16277]]
[Roll No. 508]
AYES--151
Aderholt
Akin
Alexander
Altmire
Bachmann
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bean
Biggert
Bilbray
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Boustany
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Camp (MI)
Campbell (CA)
Cannon
Cantor
Carter
Castle
Chabot
Coble
Conaway
Cooper
Culberson
Davis (KY)
Davis, David
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dreier
Duncan
Ehlers
Fallin
Feeney
Flake
Forbes
Fortuno
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastert
Hastings (WA)
Hayes
Heller
Hensarling
Hoekstra
Hulshof
Inglis (SC)
Issa
Jindal
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kline (MN)
Knollenberg
Lamborn
Lewis (KY)
Linder
LoBiondo
Lungren, Daniel E.
Mack
Manzullo
Marchant
Matheson
McCarthy (CA)
McCaul (TX)
McCrery
McHenry
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Murphy, Patrick
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Petri
Pickering
Pitts
Platts
Poe
Price (GA)
Putnam
Ramstad
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Smith (NE)
Smith (TX)
Souder
Stearns
Tancredo
Taylor
Terry
Thornberry
Upton
Walberg
Weldon (FL)
Weller
Westmoreland
Wicker
Wilson (SC)
Young (AK)
NOES--274
Ackerman
Allen
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Becerra
Berkley
Berman
Berry
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Bono
Boozman
Bordallo
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Calvert
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Chandler
Christensen
Clarke
Cleaver
Clyburn
Cohen
Cole (OK)
Conyers
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Edwards
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Farr
Fattah
Ferguson
Filner
Fortenberry
Frank (MA)
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Hunter
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Kirk
Klein (FL)
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matsui
McCarthy (NY)
McCollum (MN)
McCotter
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moran (VA)
Murphy (CT)
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Porter
Price (NC)
Pryce (OH)
Radanovich
Rahall
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Rodriguez
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Thompson (CA)
Thompson (MS)
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Whitfield
Wilson (NM)
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (FL)
NOT VOTING--12
Abercrombie
Buyer
Clay
Cubin
Davis, Jo Ann
Faleomavaega
Larson (CT)
Moore (WI)
Ortiz
Peterson (PA)
Sullivan
Walden (OR)
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). There is 1 minute remaining in
the vote.
{time} 1801
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 21 Offered by Mr. Campbell of California
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. Campbell) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 107,
noes 320, not voting 10, as follows:
[Roll No. 509]
AYES--107
Akin
Bachmann
Bachus
Baker
Barrett (SC)
Bilbray
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Boustany
Brady (TX)
Brown-Waite, Ginny
Buchanan
Burton (IN)
Buyer
Campbell (CA)
Cannon
Cantor
Capito
Chabot
Coble
Cole (OK)
Conaway
Culberson
Davis (KY)
Davis, David
Deal (GA)
Dreier
Duncan
Fallin
Feeney
Flake
Fortuno
Fossella
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gingrey
Gohmert
Goode
Goodlatte
Hall (TX)
Hastert
Hastings (WA)
Hayes
Hensarling
Herger
Hoekstra
Issa
Johnson, Sam
Jordan
Keller
King (IA)
Kingston
Kline (MN)
Lamborn
Linder
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCrery
McHenry
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller, Gary
Myrick
Neugebauer
Paul
Pearce
Pence
Petri
Pickering
Pitts
Poe
Price (GA)
Putnam
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Smith (NE)
Smith (TX)
Souder
Stearns
Tancredo
Terry
Thornberry
Walberg
Waters
Westmoreland
Wicker
Wilson (SC)
NOES--320
Ackerman
Aderholt
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Bono
Boozman
Bordallo
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown (SC)
Brown, Corrine
Burgess
Butterfield
Calvert
Camp (MI)
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Farr
Fattah
Ferguson
Filner
Forbes
Fortenberry
Frank (MA)
Frelinghuysen
Gerlach
Giffords
Gilchrest
Gillibrand
Gillmor
Gonzalez
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Heller
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (GA)
Johnson (IL)
Johnson, E. B.
[[Page 16278]]
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McCotter
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Nadler
Napolitano
Neal (MA)
Norton
Nunes
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Platts
Pomeroy
Porter
Price (NC)
Pryce (OH)
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Wexler
Whitfield
Wilson (NM)
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--10
Abercrombie
Cubin
Davis, Jo Ann
Faleomavaega
Larson (CT)
Moore (WI)
Ortiz
Peterson (PA)
Sullivan
Walden (OR)
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). There is 1 minute remaining in
the vote.
{time} 1805
Ms. SLAUGHTER and Mr. TIAHRT changed their vote from ``aye'' to
``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Announcement by the Acting Chairman
The Acting CHAIRMAN. There are two 2-minute votes remaining in this
series.
Amendment Offered by Mr. Stearns
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Florida
(Mr. Stearns) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 158,
noes 269, not voting 10, as follows:
[Roll No. 510]
AYES--158
Aderholt
Akin
Alexander
Bachmann
Bachus
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Berry
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono
Boozman
Boren
Boustany
Boyd (FL)
Brady (TX)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Campbell (CA)
Cannon
Cantor
Carter
Castle
Chabot
Coble
Cooper
Cramer
Crenshaw
Culberson
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Drake
Duncan
Feeney
Flake
Forbes
Fortenberry
Fortuno
Fossella
Foxx
Franks (AZ)
Garrett (NJ)
Gerlach
Gillibrand
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Harman
Hastert
Hastings (FL)
Heller
Hensarling
Herger
Herseth Sandlin
Hoekstra
Hulshof
Hunter
Issa
Jindal
Johnson (IL)
Johnson, Sam
Jordan
Keller
King (IA)
Kingston
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Linder
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCarthy (CA)
McCaul (TX)
McCrery
McHenry
McHugh
McIntyre
McKeon
Melancon
Mica
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Pickering
Pitts
Platts
Poe
Price (GA)
Pryce (OH)
Putnam
Ramstad
Rehberg
Reichert
Rogers (AL)
Rogers (MI)
Rohrabacher
Ross
Royce
Ryan (WI)
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Skelton
Smith (NE)
Smith (TX)
Souder
Stearns
Tancredo
Tanner
Terry
Thornberry
Tiberi
Walberg
Wamp
Weldon (FL)
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Young (FL)
NOES--269
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Bordallo
Boswell
Boucher
Boyda (KS)
Brady (PA)
Braley (IA)
Brown (SC)
Brown, Corrine
Butterfield
Calvert
Camp (MI)
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole (OK)
Conaway
Conyers
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Dreier
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Ferguson
Filner
Frank (MA)
Frelinghuysen
Gallegly
Giffords
Gilchrest
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Hastings (WA)
Hayes
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inglis (SC)
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Kucinich
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McCotter
McDermott
McGovern
McMorris Rodgers
McNerney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Michaud
Miller, George
Mitchell
Mollohan
Moore (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Petri
Pomeroy
Porter
Price (NC)
Radanovich
Rahall
Rangel
Regula
Renzi
Reyes
Reynolds
Rodriguez
Rogers (KY)
Ros-Lehtinen
Roskam
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Shuler
Shuster
Simpson
Sires
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tiahrt
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Wexler
Wilson (OH)
Wolf
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
NOT VOTING--10
Abercrombie
Cubin
Davis, Jo Ann
Faleomavaega
Larson (CT)
Moore (WI)
Ortiz
Peterson (PA)
Sullivan
Walden (OR)
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). There is 1 minute remaining in
this vote.
{time} 1810
Mr. ROHRABACHER and Mr. ISSA changed their vote from ``no'' to
``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
[[Page 16279]]
Amendment No. 19 Offered by Mr. Kline of Minnesota
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Minnesota
(Mr. Kline) on which further proceedings were postponed and on which
the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 123,
noes 303, not voting 11, as follows:
[Roll No. 511]
AYES--123
Bachmann
Baird
Barrett (SC)
Bartlett (MD)
Berkley
Bilbray
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Boswell
Buchanan
Burgess
Burton (IN)
Buyer
Camp (MI)
Campbell (CA)
Cannon
Cantor
Castle
Chabot
Coble
Cole (OK)
Conaway
Cooper
Crowley
Culberson
Davis, David
Deal (GA)
Diaz-Balart, L.
Drake
Dreier
Duncan
Fallin
Feeney
Flake
Forbes
Fortuno
Fossella
Foxx
Franks (AZ)
Garrett (NJ)
Gerlach
Gillibrand
Gingrey
Gohmert
Goode
Goodlatte
Hastings (WA)
Heller
Hensarling
Herger
Hoekstra
Hunter
Inglis (SC)
Issa
Jackson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
Lamborn
Linder
LoBiondo
Lungren, Daniel E.
Mack
Manzullo
Markey
McHenry
McKeon
McMorris Rodgers
McNerney
Miller (FL)
Miller (MI)
Miller, Gary
Murphy, Patrick
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Petri
Pickering
Pitts
Platts
Price (GA)
Putnam
Ramstad
Reichert
Rogers (MI)
Rohrabacher
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shuler
Smith (NE)
Smith (TX)
Smith (WA)
Stark
Stearns
Tancredo
Terry
Weldon (FL)
Westmoreland
Wicker
Wilson (SC)
Wolf
NOES--303
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachus
Baker
Baldwin
Barrow
Barton (TX)
Bean
Becerra
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Bono
Boozman
Bordallo
Boren
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Butterfield
Calvert
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Costa
Costello
Courtney
Cramer
Crenshaw
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, Lincoln
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Farr
Fattah
Ferguson
Filner
Fortenberry
Frank (MA)
Frelinghuysen
Gallegly
Giffords
Gilchrest
Gillmor
Gonzalez
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastert
Hastings (FL)
Hayes
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Inslee
Israel
Jackson-Lee (TX)
Jefferson
Jindal
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Kirk
Klein (FL)
LaHood
Lampson
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lynch
Mahoney (FL)
Maloney (NY)
Marchant
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh
McIntyre
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Poe
Pomeroy
Porter
Price (NC)
Pryce (OH)
Radanovich
Rahall
Rangel
Regula
Rehberg
Renzi
Reyes
Reynolds
Rodriguez
Rogers (AL)
Rogers (KY)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NJ)
Snyder
Solis
Souder
Space
Spratt
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Wexler
Whitfield
Wilson (NM)
Wilson (OH)
Woolsey
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--11
Abercrombie
Cubin
Davis, Jo Ann
Diaz-Balart, M.
Faleomavaega
Larson (CT)
Moore (WI)
Ortiz
Peterson (PA)
Sullivan
Walden (OR)
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). There is 1 minute remaining in
this vote.
{time} 1814
Mr. MARKEY changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Mr. OLVER. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Walz of Minnesota) having assumed the chair, Mr. Pomeroy, Acting
Chairman of the Committee of the Whole House on the state of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 2641) making appropriations for energy and water development and
related agencies for the fiscal year ending September 30, 2008, and for
other purposes, had come to no resolution thereon.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on motions to suspend the rules with regard to House
Concurrent Resolution 21, H.R. 2359, and H.R. 2284 will be postponed
until tomorrow.
____________________
CONTINUATION OF NATIONAL EMERGENCY WITH RESPECT TO THE RISK OF NUCLEAR
PROLIFERATION IN THE TERRITORY OF THE RUSSIAN FEDERATION--MESSAGE FROM
THE PRESIDENT OF THE UNITED STATES (H. DOC. NO. 110-41)
The SPEAKER pro tempore laid before the House the following message
from the President of the United States; which was read and, together
with the accompanying papers, without objection, referred to the
Committee on Foreign Affairs and ordered to be printed:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a
notice stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have sent the
enclosed notice to the Federal Register for publication, stating that
the emergency declared with respect to the accumulation of a large
volume of weapons-usable fissile material in the territory of the
Russian Federation is to continue beyond June 21, 2007.
It remains a major national security goal of the United States to
ensure that fissile material removed from Russian nuclear weapons
pursuant to various arms control and disarmament
[[Page 16280]]
agreements is dedicated to peaceful uses, subject to transparency
measures, and protected from diversion to activities of proliferation
concern. The accumulation of a large volume of weapons-usable fissile
material in the territory of the Russian Federation continues to pose
an unusual and extraordinary threat to the national security and
foreign policy of the United States. For this reason, I have determined
that it is necessary to continue the national emergency declared with
respect to the accumulation of a large volume of weapons-usable fissile
material in the territory of the Russian Federation and maintain in
force these emergency authorities to respond to this threat.
George W. Bush.
The White House, June 19, 2007.
____________________
PERSONAL EXPLANATION
Mr. ETHERIDGE. Mr. Speaker, on Friday of last week, the House took up
26 sequential votes on amendments to the 2008 Department of Homeland
Security Appropriations Act, H.R. 2638. The fourth of these votes was
on an amendment by the gentlelady from Virginia, Representative Drake,
which increased funding for the Immigration and Customs Enforcement's
287(g) program. This program funds training and activity of State and
local law enforcement personnel to carry out Federal immigration law. I
believe that immigration law is and should be the responsibility of
Federal border and Customs officials, and not delegated to the States
and local authorities who are already burdened with protecting their
communities. I, therefore, do not support the Drake amendment.
On roll number 469 when I cast my vote on this amendment, however, an
``aye'' vote was recorded when a ``no'' vote should have been recorded.
____________________
ENERGY AND WATER
(Ms. JACKSON-LEE of Texas asked and was given permission to address
the House for 1 minute and to revise and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, we have been engaging in
discussion on the appropriations regarding the Energy and Water bill.
Much of our attention has been on the gas prices, which is clearly a
key element of need for the American people. I believe that when we
finish this bill, we will have a strong and positive response.
But at the same time, water is a concern for the American people as
well. Flooding is a concern for the American people as well. I use as
an example the City of Houston, Texas, that has just received the flood
mapping that goes on under the process of FEMA, meaning that they have
described areas of residential housing where the maps are changing what
is a flooding area and what is not.
The tragedy for Houston is that these are older neighborhoods where
Members of the community have invested in one of their major assets.
Unfortunately, based upon FEMA's maps and the lack of infrastructure as
it relates to water and flooding, these individuals are finding
themselves without the opportunity to protect their property. We have
got to change that. We have got to make a difference. I look forward to
working with my constituents to do so.
____________________
SPECIAL ORDERS
The SPEAKER pro tempore (Mr. Walz of Minnesota). Under the Speaker's
announced policy of January 18, 2007, and under a previous order of the
House, the following Members will be recognized for 5 minutes each.
____________________
EDUCATION
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Ohio (Mrs. Jones of Ohio) is recognized for 5 minutes.
Mrs. JONES of Ohio. Mr. Speaker, I am glad to join my colleagues from
the Congressional Black Caucus this evening in a special order around
education. Today, we celebrate Juneteenth, also known as Freedom Day or
Emancipation Day. This holiday, celebrated in 14 states, commemorates
the announcement of the abolition of slavery in Texas.
This day was a great milestone in American history. Since that time,
African-Americans have made great strides in this country. However,
even with those great accomplishments, we still find ourselves dealing
with glaring disparities in our educational system in this country. It
is time that we stop ignoring this issue and bring it to the forefront
of our policy discussions.
As our world becomes increasingly interdependent, we as a Federal
Government have a responsibility to provide all of our citizens with an
education that will allow them to compete and excel in the global
market.
Sadly, this is not the case. Too many of our minority and
economically disadvantaged students are not equipped with the kind of
education that will allow them to earn a decent living in order to
enjoy American prosperity.
In a free society like ours, we justify the unequal distribution of
wealth by equal opportunity. However, any reasonable person will tell
you that opportunities are certainly not equal. Therefore, I hold a
strong belief that it is the responsibility of Congress to make policy
that provides the most underprivileged along us with an opportunity to
succeed.
We can do this by promoting policies that ensure a strong public
education system does not leave any child behind. We need to make a
strong commitment to our educational system. Our posterity is depending
on it.
My home is Cleveland, Ohio, and unfortunately it has been rated as
one of the poorest cities, where almost half of the children live below
the poverty line. It has been proven again and again that there is a
direct correlation between economic prosperity and education. It has
also proven that good teachers make good schools. But it's so difficult
to attract qualified teachers to impoverished areas.
No Child Left Behind requires that every State and school district
ensure that low-income students have their fair share of qualified and
experienced teachers. In high poverty districts in Ohio, 42 percent of
the teachers teach classes outside of their expertise. This is
problematic, because studies have shown that multiple bad experiences
with teachers can negatively impact their students' education. We need
to work hard to get quality teachers to high-risk schools so we do not
let many teachers slip through the cracks.
Another disturbing fact is that only 51 percent of African-American
students graduate from high school on time in Ohio. This last year,
Cleveland municipal schools only graduated 40 percent of their senior
class. This is a blatant failure of our education policy. This problem
has no simple solution.
We are talking about inner-city schools with a lack of resources and
crumbling infrastructure. We are talking about environments where
juvenile delinquency is the norm and some students fear attending
class, where budgets are stretched so thin and there is no money
available for arts and education and extracurricular activities.
These are schools where classes are overcrowded and the teachers are
overwhelmed and forced to teach from outdated text books, and the list
goes on. This is not what we intended for our students. We have an
obligation to correct this wrong. We need to do more to assist these
schools in securing resources that will allow them to lift these
students up and provide them with an education that will allow them to
continue on to college and to a good-paying job.
It is so easy for Members of Congress to demagog ``No Child Left
Behind.'' But many of us have supported the policy, and its intention
is benevolent. We as a country need to strive for academic excellence
and opportunity in our country. It has been a tremendously difficult
policy to implement and administer, but we cannot give up on it.
We have a complicated primary and secondary education system with
responsibility spread through all levels of government. To reach a high
level of educational opportunity nationally is a paramount task, but we
must persevere. The system already works for
[[Page 16281]]
haves, and we have an obligation to see it work for the have-nots.
____________________
{time} 1830
RENAMING THE DEPARTMENT OF THE NAVY
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from North Carolina (Mr. Jones) is recognized for 5 minutes.
Mr. JONES of North Carolina. Mr. Speaker, as of today, H.R. 346, my
legislation to designate the Department of Navy as the Department of
Navy and Marine Corps, has 60 cosponsors.
The language of this bill has already passed the full House of
Representatives last month as part of the 2008 National Defense
Authorization Act. This is the sixth year in a row that the House has
voted to support this change.
As a Member of Congress, I have heard for 14 years that the Navy and
Marine Corps are one fighting team. If this is true, should not the
team carry the name of both the Navy and the Marine Corps? The Marines
do not serve beneath the Navy, they are coequal partners.
I was very pleased to read a comment by the new Senate Armed Services
Committee chairman, Carl Levin, in an article by The Hill newspaper
last month, May 24, 2007, and I quote, ``When asked, Levin said he
would 'keep an open mind' on whether to support [language in the House
bill to change the name of the Navy to the Department of Navy and
Marine Corps].''
Mr. Speaker, there is no cost to this change. Renaming the Department
is a symbolic gesture, but is very important to the team. It is the
right thing to do for the team.
Let me quote the Honorable Wade Sanders, Deputy Assistant Secretary
of the Navy for Reserve Affairs between the years 1993 and 1998. He
voiced his support for this change, and I quote, ``As a combat veteran
and former Naval officer, I understand the importance of the team
dynamic, and the importance of recognizing the contributions of team
components.
``The Navy and Marine Corps team is just that, a dynamic partnership,
and it is important to symbolically recognize the balance of that
partnership.''
I will also quote Admiral Stansfield Turner, United States Navy,
Retired, former Director of Central Intelligence, who said, and I
quote, ``I think this change in title enhances the prestige and pride
of the people in the Marine Corps. And it does not necessarily take
away anything from the Navy in that process.''
Mr. Speaker, last year, an editorial in the Chicago Tribune on April
21 of 2006 also supported the change stating, and I quote, ``No service
branch shows more respect for tradition than the United States Marine
Corps does, which makes it all the more ironic that tradition denies
the Corps an important show of respect: Equal billing with the other
service branches.''
That again, Mr. Speaker, is from the Chicago Tribune.
Mr. Speaker, to further state the importance of this, I have beside
me an enlargement of the orders for the Silver Star for a Marine from
Camp Lejeune who was killed in Iraq. It says, ``The Secretary of the
Navy Washington, DC., Navy flag, the President of the United States
take pleasure in presenting the Silver Star to the family.'' I will not
read in its entirety.
But Mr. Speaker, I'd like to show you what, if the Senate will accept
the House position, what this does. With the same orders for the Silver
Star for this brave Marine who gave his life for this country, it says,
``The Secretary of the Navy and Marine Corps, Washington, DC.,'' with
the zip code. It still has the Navy flag on one side and the Marine
flag.
Mr. Speaker, it is time that the Senate accept the House position.
This is the right thing to do for the fighting team. The team is the
Navy and Marine Corps fighting team. And I hope that the Senate, and
I'm very encouraged by Chairman Levin that he said, ``I'm open to the
thought of this possibility.''
So with that, Mr. Speaker, I ask God to please bless our men and
women in uniform and to please bless the United States of America.
____________________
EDUCATION IS CRITICAL FOR TODAY'S YOUTH
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Virginia (Mr. Scott) is recognized for 5 minutes.
Mr. SCOTT of Virginia. Mr. Speaker, I join my colleagues in the
Congressional Black Caucus to discuss the important issue of education.
Obtaining an education is critical for today's youth. An individual's
prosperity and quality of life will be directly affected by the
education they receive.
We all know the phrase, ``The more you learn, the more you earn.'' In
addition to increased earnings, individuals with higher levels of
education are less likely to be unemployed, less likely to need public
assistance, and less likely to become involved in the criminal justice
system.
Mr. Speaker, today's communities will also benefit by increased
education. Those communities will suffer lower crime rates, have fewer
people on welfare, and will benefit from a better economy.
In fact, we have found that in this global economy, our competitive
advantage is in education because we can't compete on wages. There are
people in countries around the world who work for pennies and a few
dollars a day. We're not going to compete with that.
We can't compete because people don't have to be in the United States
to work. If you can work with your coworkers from across the hall, you
can work with your coworkers across the globe. All you need is a cell
phone, a computer and a modem, a fax machine, you can work anywhere in
the world.
You don't need to be close to your customers. You can manufacture
your goods anywhere and send them anywhere else in the world almost
overnight.
And you don't need to be in the United States to finance a new plant.
Used to be you had to be here to finance a plant. With worldwide
banking you can have that plant located anywhere in the world.
The competitive advantage we have is the fact that businesses know
that they can get well-educated and well-trained workers if they locate
in the United States. But unfortunately, we're losing that competitive
advantage.
In a recent measure of high school achievement, we found that
students in the United States ranked below dozens of other countries in
math and science. And so we're losing that competitive advantage. And
the Education and Labor Committee is, therefore, focused on improving
our international standing.
Earlier this year, the House passed the bill to renew the Head Start
program with renewed emphasis on early Head Start. These programs are
critical to getting our children on the right path early in life and
the earlier, the better. At the K-12 level, the committee is also
working towards renewing the No Child Left Behind Act. We will be
addressing issues in that bill, for example, finding ways to
meaningfully measure and reduce the achievement gap; ensuring that all
students have access to high-quality teachers, and to effectively
improve those schools which fail to make adequate yearly progress.
One of the most critical issues that must be addressed in No Child
Left Behind is the fact that approximately one-third of all high school
students in the United States fail to graduate with their peers. And in
some communities, as many as half of the students fail to graduate and
find themselves on the path to hopelessness.
The Education and Labor Committee will also consider renewing the
Higher Education Act, which is primarily focused on access to college.
Last year, approximately 1 million qualified students did not go to
college because they could not afford the cost. Since the 2001/2002
school year, tuition at a public 4-year college has risen 55 percent.
But during that same period the
[[Page 16282]]
maximum Pell Grant only went up about 8 percent, and in the last 4
years didn't go up at all.
Unfortunately, this means that many of today's students, unlike
previous generations, are being denied the opportunity to live to their
fullest potential because they were denied the opportunity of a college
education.
This year, the Education and Labor Committee is leading legislation
that will significantly improve access to college with improved Pell
Grants and cuts in student loans.
So, Mr. Speaker, education affects many issues that we deal with:
economic competitiveness, crime and welfare. And so I'd like to thank
the gentlelady from Michigan, the chairman of the Congressional Black
Caucus, Ms. Kilpatrick, for organizing the effort to focus on education
tonight.
____________________
THE TRUE GOAL OF OUR EDUCATION SYSTEM
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Illinois (Mr. Davis) is recognized for 5 minutes.
Mr. DAVIS of Illinois. Mr. Speaker, Dr. Martin Luther King, Jr.
described the end result of education as a person having the ability to
think intensively and critically. He embraced the idea that
intelligence plus character should be the true goal of our education
system. This truly is the goal that we must strive and work towards.
Helping our children to think is crucial; however, the blocks to
build to that point are difficult to create. It takes support,
resources, confidence and opportunity, but most importantly, these
pieces must be available for each individual no matter who or where
they come from.
Today we find our public school systems throughout America in many
places in disarray, underfunded, overpopulated, and, in many districts,
underattended. As a Nation, we have moved forward, and then there are
times when it looks as though we're doing the Watusi, that is, two
steps forward, and two steps back.
I can remember a time when, in almost any community that you went,
people realized and recognized that education was the absolute key to
progress.
According to the Abecedarian study, the importance of early childhood
education is critical. The report shows that children who receive a
formal early childhood education overwhelmingly do better in school.
Unfortunately, 55 percent of children whose families are below the
poverty line do not receive a formal early childhood education. An
overwhelming number of these children, whose mothers are unemployed, do
not have access to early childhood education. These numbers are
astonishing, especially given what we already know.
We are engaged in competitiveness, not just in communities and
neighborhoods or States, but from a global perspective, and unless
children get an early beginning, they find themselves continuously
behind and finding it difficult to catch up.
And finally, Mr. Speaker, one of the areas that I have a tremendous
amount of concern about is the fact that African American males are
graduating from high school at a rate of less than 50 percent. As a
matter of fact, many of them drop out as early as third or fourth
grade.
And it's my contention that they drop out because, for many of them,
they have never seen a male figure with a book in his hand. They've
never had a male teacher who looked like them. They've never seen a
male at home with a book. And so they contend that education is a
female or woman or girl kind of thing.
And we must find ways to get more male teachers in the classroom,
more male teachers involved in Head Start. And we must get communities
totally engaged and totally involved, so that as children grow up, they
will know that education has been and will continue to be the great
equalizer, and without it they don't have a chance.
So I thank you, Mr. Speaker. I thank the Congressional Black Caucus,
our chairman, Representative Kilpatrick, for setting aside this time to
address education issues, especially affecting African American
communities.
____________________
{time} 1845
INEQUITIES IN EDUCATION
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from the Virgin Islands (Mrs. Christensen) is recognized
for 5 minutes.
Mrs. CHRISTENSEN. Mr. Speaker, today we members of the Congressional
Black Caucus, under the leadership of our chairwoman, Carolyn Cheeks
Kilpatrick, are taking time to commemorate Juneteenth and reflect on
this historical event in 1865 when the news of their emancipation was
finally received by 250,000 enslaved in Texas, 2 years late. And as we
do so, it seems appropriate that we reflect on the inequities that
continue to plague the African American community, the remedies for
which are also too late.
And so, as we take the floor of the seat of government in our
country, we say the time is now. Again, better later than never for
this 110th Congress to bring another message of freedom to African
Americans, freedom from economic blight, from lack of access to quality
and comprehensive health care, from substandard housing, and from the
issue that is the subject of our discussion tonight: rundown, poorly
equipped, and understaffed schools and the overall inequities in our
Nation's educational system.
June also marks the celebration of graduation season across the
Nation. And as we cheer millions of high school graduates, we must not
forget the 1.2 million students who left school this year without a
high school diploma.
Dropouts are twice as likely to be unemployed. Even those who work,
for those who work the pay is low. Opportunity for advancement is
limited, and health insurance is essentially unavailable.
This is a particular problem in communities of color. For African
Americans and Latinos, the dropout rate approaches an astonishing and
alarming 50 percent and affects all communities, large or small, rural
or urban, including our territories. This high rate of high school
dropout and the consequent unemployment disproportionately affect
African American males. According to the last U.S. Census, the fraction
of black men with a high school education or less is about 50 percent,
nearly half of the black male population.
A report published by the Congressional Black Caucus Foundation last
year indicated that the employment for what they call less educated
black men has been in decline during the last decade, and this, despite
the fact that opportunities exist to reverse this because of
discrimination in hiring.
The racial difference in the labor force participation rates are
sharpest for those without a high school degree. Only half of prime-age
black men without a high school degree are in the labor force.
Mr. Speaker, education is everyone's issue. However, the current
administration seems to have an opposing view as they propose to
completely cut funding for the Dropout Prevention Program. The Youth
Activities Program, under their fiscal year 2008 budget proposal, would
lose $100 million of funding compared to 2006, and Safe and Drug-Free
Schools and Communities grant program would almost be cut by $150
million. This funding needs to be restored. These programs are part of
the solution to the dropout problem.
So we in the Congressional Black Caucus are issuing a call to action
across our Nation to reduce the dropout rate and raise the graduation
rate above its current level of 70 percent. Keeping our people in
improved schools must be a part of the debate and be addressed as we
move to reauthorize and fund an amended and improved No Child Left
Behind.
Today the Campaign for High School Equity met on the Hill to address
and help us address this very issue. Among the reasons cited as causes
of the persistent dropout rates are lack of parental involvement and
one I heard in focus groups of young men in my own district: poorly
devised and presented
[[Page 16283]]
curricula that don't keep or stimulate our students' interests.
We urge the appropriators to include incentives to address this
issue, to improve graduation rates and to ensure an increase in funding
for key programs like Upward Bound in the 2008 appropriation. This
program also helps to reverse our Nation's dropout rate.
Another factor that is indirectly related is one that was the subject
of Bob Herbert's column last Saturday, lack of employment for teens
during the high school year and in the summer. We are at the lowest
national teen employment rate in the past 60 years at 33.1 percent,
according to one study from Northeastern University. Again, this bleak
outlook is primarily affecting Black teens.
As Mr. Herbert said: ``This is the flip side of the American dream.
Kids who grow up poor and never work at a regular job tend not to think
in terms of post-graduate degrees, marriages, careers, and the cost of
educating the next generation. A steady job could make all the
difference. Along with the paycheck comes a sense of the possibilities.
Kids develop a clearer understanding of the value of education and are
more likely to stay in school.''
No Child Left Behind created widespread pressure to improve academic
achievement. While many districts have struggled to meet benchmarks set
by this legislation, far too many of our children, especially African
American children, are still being left behind.
We need to apply the same pressure, focus, and funding to improve the
educational environment and experience and to provide the tools that
are needed for education success in all of our schools.
The enslaved Africans in Texas waited 2 years to finally hear the
word that they were free. Let us not have our young children and people
wait one minute longer for the education they need and the future they
deserve.
____________________
EDUCATION
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from California (Ms. Lee) is recognized for 5 minutes.
Ms. LEE. Mr. Speaker, forty years ago, the U.S. was number one in the
world in high school graduation rates. Today it ranks 17th.
About 1/3 of the students who enter 9th grade each fall will not
graduate from high school with four years, if at all.
High school students living in low-income families drop out of school
at six times the rate of their peers from high-income families.
Drop out rates are especially high in communities of color: Only
about 55 percent of African American students and 52 percent of
Hispanic students graduate on time from high school with a regular
diploma, compared to 78 percent of white students.
In my district, in Oakland, the graduation rates for African American
males is 26 percent, compared to 57 percent is the graduation rate for
white males.
In this country, there are about 2,000 high schools that produce the
majority of dropouts.
Six million students throughout America are currently at risk of
dropping out of school. Students who fail to graduate from high school
are more likely to participate in criminal activity than students who
do graduate. Likewise, students with low levels of achievement in high
school are more likely to engage in crime than students with high
levels of achievement.
For example, The Harvard University Civil Rights Project and the
Urban Institute Education Policy Center conducted a study on K-12
schools in California. The Center estimated that Oakland's 52 percent
dropout rate costs the state $14 billion in lost wages, crime and jail
time.
Investing in education would save millions of dollars in crime
related expenditures annually.
The statistics are staggering and tell the story. Approximately 75
percent of state prison inmates did not complete high school. High
school dropouts are 3.5 times more likely than high school graduates to
be arrested in their lifetimes. And a mere one percent increase in high
school graduation rates would save approximately $1.4 billion in costs
associated with incarceration costs, or about $2,100 for each male high
school graduate.
We must do better by our children. Nothing less than the future of
this country is at stake. That is why I am committed to effective
reform that can transform high schools and keep students at the
greatest risk of dropping out on the path to graduation.
I'm proud to support authorizing legislation that will soon be
introduced which will help address some of the reforms that are needed
and that is why I'm proud to be an advocate on the Labor, Health and
Human Services and Education subcommittee working to appropriate
funding to address the crisis in dropouts that our country is facing.
Clearly, we need increased investments in programs that keep kids in
school and learning.
school counseling bill
On the Labor, Health and Human Services subcommittee, I worked with
my colleagues to include $61.5 million for elementary and secondary
school counseling in the FY08 bill that is currently working its way
through our committee. This is a 77.5 percent increase in a program
that the President would have eliminated. These funds enable school
districts to hire academic counselors, psychologists, and social
workers. The additional resources will be targeted to improving and
expanding academic and mental health counseling to middle and high
school adolescents. This significant increase is a tremendous step
toward addressing the crisis in counseling in our schools.
after school programs
Another critical tool we have in our arsenal to fight drop out and to
keep kids off the street and for preventing youth violence is our
nation's after school programs.
The fact of the matter is that between 3-6 pm the rate of juvenile
crime triples.
On LHHS subcommittee, we were able to provide a $125 million increase
over FY07 levels for a total of over a billion dollars for the 21st
century community learning centers. This program is a formula grant to
states which in turn distribute 95 percent of the funds on a
competitive basis to local school districts, community based
organizations and other organizations is for after school activities
that make sure that young people have alternatives to getting into
trouble.
upward bound / trio and gear up
I want to echo the comments of my colleagues here tonight about the
problems we are fighting as it relates to the Absolute Priority
regulation and the concerns over the loss of funding for numerous
previously funded grantees including 30 percent of our HBCU's and Mills
College in my district. I know that working together we will resolve
these critical issues and I want to specifically thank Bobby Scott and
Gwen Moore for their leadership on the Education Committee and on this
issue.
We all understand just how critical these programs are that provide a
variety of outreach and support services to encourage low-income
students to enter an complete college. That is why I'm pleased our L-
HHS subcommittee was able to provide a $40 million increase in funding
for the TRIO programs and a $20 million increase for the GEAR UP
program.
____________________
COMMEMORATING JUNETEENTH
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Texas (Ms. Jackson-Lee) is recognized for 5 minutes.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I am very humbled to be able
to join my colleagues of the Congressional Black Caucus to celebrate
and commemorate Juneteenth and to celebrate it on the very day that we
have commemorated it over the years.
June 19 is a special time for Texans. And I would like to, in this
very brief time that I have, weave in and out of the history of the
meaning of Juneteenth as we reflect upon where we are in 2007 in the
education of our young people.
The failures of this administration are stark, shocking, and
extensive. And it is hopefully on this day that maybe a morsel of what
many of us have been saying will be caught by someone in the
administration to be able to reassess and to be able to think about the
remaining time of their tenure in the White House and create a new and
different legacy of the educational process of minorities in the United
States of America.
With that, let me thank Danny Davis for the celebration that we were
able to participate in and his leadership on the issue of Juneteenth. I
would also like to thank Curtis Faulkner of Fort Worth, who is involved
in Juneteenth Heritage and Jazz Festival. I would also like to be able
to thank Dr. Ronald Myers, who has been working for years with the
National Juneteenth Observance. I would also like to be able to remind
my fellow Texans and
[[Page 16284]]
Houstonians of Reverend C. Anderson Davis, who brought to us the
Emancipation Day celebration in Texas. We lost Reverend Davis just a
few weeks ago, and it is my special privilege to acknowledge him for he
came as the regional leader of the NAACP more than four decades ago to
Houston, Texas, and he never forgot the routing and the importance of
educating our young people about the emancipation.
So I stand today to be able to chronicle the history and to thank
those who are now fighting the battle to preserve Freedman's Town in
Houston, Texas, a town that was formulated by freed slaves right after
the Emancipation Proclamation that is now under siege by those who
would desire to disrupt the few remaining historic buildings and blocks
and, if you will, bricks that make up the street, cobblestone bricks. I
pray that the energy of those remaining, Reverend Samuel Smith, Captain
Roberts, Reverend Robertson, will hold on, and the number of churches
that are in that area, that we will fight for the establishment of a
Freedman's Town corridor in the name and in tribute of Juneteenth and
the emancipation of our people.
Let me cite for those a depictive picture that shows both celebration
and shock as Major Gordon Granger came into Galveston to be able to
announce that these yet humble servants, these slaves, were yet free.
Let me quickly go to the language that was offered to me in remarks
made by Curtis Faulkner. I want to read, first of all, just a few brief
words from the message of Abraham Lincoln during the emancipation:
``Fellow citizens, we cannot escape history. We of this Congress and
this administration will be remembered in spite of ourselves. No
personal significance, or insignificance, can spare one or another of
us. The fiery trial through which we pass will light us down, in honor
or dishonor, to the latest generation. We say we are for the union. The
world will not forget that we say this.''
So he spoke of saving the union, but he also laid the ground work for
the Emancipation Proclamation.
He continued: ``Other means may succeed; this could not fail. The way
is plain, peaceful, generous, just--a way which, if followed, the world
will forever applaud and God must forever bless.''
This was the genesis of the emancipation of slaves, but yet we are
still wracked by discrimination and disparity. So when I speak of
education and No Child Left Behind, I use Houston as an additional
laboratory, testing the fear of children and not the learning of
children. We want to reform so that all of our children can learn. Poor
funding for underperforming schools, a failure of this administration
that never decided to fund. Closing schools, lack of pay for teachers,
all of that is meaningful.
I close, Mr. Speaker, by saying this. Freedom is not enough and you
do not wipe away the scars of centuries by saying now you are free. We
want the emancipation to be known in our hearts. We want a national
holiday for the Juneteenth. And I look forward to working with my
colleagues to commemorate, celebrate, and be reminded of the sweat and
blood and tears of those who stand here today.
____________________
JUNETEENTH/BLAIR'S BILL
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Illinois (Mr. Rush) is recognized for 5 minutes.
Mr. RUSH. Mr. Speaker, I stand here today, along with my
congressional Black Caucus colleagues, in recognition of Juneteenth
Day. It is fitting for us to not only acknowledge where we have been in
the past but also to evaluate where we are today as a people.
Mr. Speaker, one of the most pressing issues in the African American
community remains the issue of education. Many of my colleagues have
outlined the progress and the challenges that many African American
students face as they strive to acquire the educational benefits that
every American should receive.
In the words of the great African American leader Malcolm X:
``Education is the passport to the future, for tomorrow belongs to
those who prepare for it today.''
Education is, of course, the key to a bright future. And it is the
vital ingredient in finding success and achieving the American Dream.
While African Americans have come very far, educationally, there is
still much work to do at the Federal, at the State, at the local, and
at the family level to ensure that all of our students are learning and
are being given the chance to succeed.
Today, Mr. Speaker, African American females, in particular, are
achieving gains in education that were previously unheard of. Black
females are graduating from college, graduate school, and post-graduate
school at record levels. And this is something we can all be proud of
and take comfort in.
However, Mr. Speaker, there are still many problems. Today, our
Nation has more African American men in prison than in college. In many
urban cities, Black males are dropping out of high school at a rate of
50 percent and even less are going to college.
One problem that many of our young students face is the issue of gun
violence that pervades our community. Mr. Speaker, we have to make the
schools and the neighborhoods that we live in safe for our students. We
must address the gun violence that is plaguing so many of our
communities.
African American males under age 30 are nearly nine times more likely
to be murdered than a white male under age 30. African Americans make
up only 13 percent of the population of our Nation but in 2001 suffered
almost 25 percent of all firearms deaths, and 52 percent of all firearm
homicides.
Mr. Speaker, just days ago, on May 10, a student, Blair Holt, was
riding home from school on a public bus and was fatally shot while
trying to shield a young female friend from a gunman's bullet. Blair
Holt was an honor student with plans to attend college, and instead,
his young life was prematurely taken for no reason at all. Mr. Speaker,
this school year alone, 31 Chicago public school students have been
murdered; 31 students have lost their lives; 31 students have not given
their talents, their skills, and their abilities to make this world a
better place.
While this statistic is true for the schools in my district, gun
violence is all around. Gun violence is prevalent in so many of the
communities all around this Nation. And we must put an end to this
domestic terrorism that is destroying communities and making our
constituents live in fear. As elected officials, it is incumbent upon
us to enact legislation that would help reduce the flow of guns into
our communities and help our struggling and frustrated law enforcement
departments all across this Nation to keep track of those who possess
guns and where those guns are.
I have introduced H.R. 2666, Blair's bill, which would implement a
Federal gun licensing and registry program. This bill will help law
enforcement track over 200 million guns that are too often ending up in
the hands of criminals, young people, and gang members.
Mr. Speaker, H.R. 2666 is a step in the right direction. We must do
all that we can for our Nation's children.
____________________
{time} 1900
GETTING SMART ABOUT IRAQ
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from California (Ms. Woolsey) is recognized for 5 minutes.
Ms. WOOLSEY. Mr. Speaker, I have come down to this floor more than
200 times to hold the administration accountable for its actions in
Iraq. Since then, we have seen it all, from freedom fries to ``the
surge.'' During these dog days of summer, however, we can't relent. We
have to join together as never before because this administration is
moving in new and even more dangerous directions in foreign policy. Let
me give you an example.
Several weeks ago, the administration confirmed what I had been
saying for the last 3 or 4 years; namely, that they are determined to
maintain tens of thousands of American troops on permanent military
bases in Iraq for
[[Page 16285]]
many decades to come. To support this position, they draw an absurd
comparison between the situation in Iraq and the situation in South
Korea. South Korea, where U.S. troops have been stationed for more than
50 years. And then White House spokesman Tony Snow said U.S. troops may
have to stay in Iraq indefinitely to perform what he called an over-
the-horizon support role. Over-the-horizon support role. George Orwell
couldn't have said it any better. Call it what it really is, Tony:
Occupation.
Ever since the administration took us into Iraq, I have tried to get
at the heart of what is wrong with this foreign policy, and I believe
the answer is this: The administration's foreign policy has failed. It
has failed because it sells America short. The administration believes
that the only weapon we have to fight terrorism is military power, but
by relying on military power alone and ignoring our many other
strengths, they have made America much weaker, not stronger.
There is another answer: A much different look at diplomacy and
foreign policy. First, we must reestablish our moral leadership and
regain our standing in the global community by using diplomacy as our
first and best resort, and war only as our last resort. President
Roosevelt said that the Presidency is preeminently a place of moral
leadership, and that is something this administration must learn.
Second, we must rebuild our international alliances. We may be a
Superpower, but we don't have super powers like Spiderman. So, we need
the help of other nations. International cooperation is by far the best
way to dismantle terrorist networks, manage globalization, stop the
spread of disease and global warming, and fight the poverty that is the
breeding ground of terrorism.
Third, Mr. Speaker, we must stop using fear as an excuse to justify
immoral wars, or as a bludgeon to crush dissent and trash our
Constitution. Again, quoting President Roosevelt, the only thing we
have to fear, he said, is fear itself. Well, this administration
believes that without fear, they can't move their agenda.
Fourth, we must end our addiction to foreign oil that pumps billions
of dollars into autocratic regimes and props them up. Let's get serious
about sustainable energy. And let's export green technology instead of
war.
Next, we must renew our commitment to nuclear nonproliferation. It is
sheer hypocrisy to demand that Iran and North Korea halt their nuclear
programs while we talk about developing new nuclear weapons of our very
own.
And finally, we must take the money we are investing in war and
reinvest it in what makes us truly strong: education, health care,
jobs, child care, the environment, and nonviolent problem solving.
I have offered a national security plan myself which rests on these
broad principles. It's called SMART, which stands for Sensible
Multilateral American Response to Terrorism. SMART, H. Res. 227, is
deadly serious about stopping acts of terrorism. It would beef-up our
intelligence capabilities. It would enhance our efforts to cut off
financing for terrorist organizations.
____________________
REDEPLOY FOR A SECURE AMERICA
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Pennsylvania (Mr. Sestak) is recognized for 5 minutes.
Mr. SESTAK. Mr. Speaker, a little over 5 years ago, I was in the war
in Afghanistan, first on the ground for a very short period of time,
and then I returned in charge of an aircraft carrier battle group. I
saw a just war.
Eighteen months later, I went back to Afghanistan, on the ground
again, and saw what we had not accomplished because we had diverted our
attention and our resources, our Special Forces, our Psychological
Operation Forces, our Civil Affairs Forces, those and our attention
were diverted to the tragic misadventure in Iraq.
To me, Afghanistan is a poster child for what we have failed to do,
and that is to remain engaged throughout this world, to be ready here
at home in order to provide for a strong defense in support of our
diplomacy of engagement.
I am not antiwar. I am pro-security. And that is my concern, that
Iraq is every day seriously degrading the strategic security of
America. It is why I believe that there is a different strategy to
redeploy from Iraq with a date that is certain, one that is out there
in order to change the behavior of those nations in that region, give
them a different incentive to work towards stability so that as we
redeploy over a fixed timetable, we will leave behind a state that is
fairly stable and that is not failing.
I believe, having been in Iraq with Senator Hagel and having traveled
throughout that country, that my belief is only reinforced that we can
no longer provide the political and the military cover for the Iraqi
leadership that has failed to step up to the plate, that has failed,
being in control of 32 ministries in Baghdad, to stop pursuing personal
ambition, establishing personal fiefdom as our soldiers provide them
not only the military, but the political cover, not to take the
challenging decisions that they must take.
But I also believe, beyond that it is wrong to double-down on a bad
bet by putting more troops into what is a civil war and that our
military cannot resolve, the best military in the world, I believe a
date certain also changes the incentives, the structure of incentives
to change the behavior of Iran and Syria.
Everywhere Senator Hagel and I went in Iraq we heard that Iran has
undue influence. Yes, they do. We're bleeding, bleeding profusely. But
when I asked our senior political leader there, if we were to redeploy,
does Iran want a failed state? The answer was, no, they don't. With a
date certain and the confidence the United States should have, having
dealt with the Soviet Union, having dealt with the People's Republic of
China, bringing it into the world's community, we should have the
confidence to deal with Iran and Syria. Bring them together to work,
with a date certain as their incentive toward working on the extreme
elements in Iraq as we work in the center to bring about an unfailed
state that can only be brought about by a date that is certain to
redeploy.
It took us 6 months to redeploy from Somalia, a much smaller
contingency of forces. We have over 100,000 civilians in Iraq, in
addition to our troops. I believe that the Democratic leadership,
working with the Republicans, should work towards what the President
said. We will not have an open-ended commitment. With a date certain,
working together, we can, on an authorization bill, a bill that
establishes a date beyond which no funding would be permitted for
troops within Iraq, while we use appropriations bills to continue to
fund our forces so that we do not ever again, as we did in the last
month, place those forces, those whom we serve with, wearing the cloth
of our Nation that we sent to war, that we never again play a game of
chicken between us and the President.
Being in the military is a dangerous business. It has, as someone
said, the dignity of danger. It does not, however, have to be unsafe.
Fund them fully with a date that is certain in our authorization bill
by which we must redeploy, with enough timeline that the nations there
can be brought together under U.S. leadership to bring about, by the
only possible means that it can be done, diplomacy, strong diplomacy,
as we remain in the region on our bases in Amman, Qatar, Bahrain,
carrier battle groups, disengage, reengage in Afghanistan as well as
here at home and elsewhere around this world in order to bring about a
stronger security for America.
____________________
THE BUSH-KENNEDY AMNESTY BILL
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentleman from California (Mr. Rohrabacher) is
recognized for 60 minutes as the designee of the minority leader.
Mr. ROHRABACHER. Mr. Speaker, it was a great victory for the American
[[Page 16286]]
people when the Bush-Kennedy amnesty bill was withdrawn from
consideration in the Senate 2 weeks ago with such a stinging rebuke
from the voters, because we understand that the voters had contacted
their elected Representatives in such number that the bill was no
longer tenable. After that rebuke from the voters, one would think that
the White House and the congressional leadership would have listened to
the American people and concentrated on securing our borders and moving
forward with those activities to secure our country, and forget about
legalizing the status of 15 to 20 million people who are in our country
illegally. Well, how wrong we were. Like a bad horror movie, the
monster you thought had been killed is somehow being brought back to
life. It's rearing its ugly head again in the sequel. Well, here it is,
Nightmare on North Capitol Street, part two, starring the Bush-Kennedy
amnesty bill. This time we need to drive a stake into the heart of this
monstrous threat to the American people.
And what threat am I talking about? It is about time that the
Washington elite and the elite of America's business community
understand what impact this massive flow of immigration into our
society has had on the life of the American people.
What we face in California and now throughout the country is a
disintegration of our education system. Our schools, for which our
children are dependent on their education and the future of their
lives, are being diminished in terms of their capability of educating
our children because there is a massive influx of children into our
school systems, children who should not even be in this country.
We have a health care system that is in crisis. Today, we see in
California and we see in other States as well the closing of emergency
rooms. So American citizens whose children are out on the highways, if
there is an accident, may now not be able to go to emergency rooms to
get treated, to have their lives saved, where only a few short years
ago, maybe 10 or 15 years ago, there was an emergency room to service
that.
Why are these emergency rooms closing? Why is the health care system
in our country breaking down? This massive influx of immigrants,
illegal immigrants, into our society. In fact, many people today are
not able to pay for their health care insurance. And why is health care
so high? One of the major reasons health care insurance is so high is
when American citizens go to hospitals in order to be treated, their
health care policy, which is massively expensive, also has to take care
of those people who have no health care insurance, many of whom, a
large number of whom are of course illegal immigrants.
And what about our criminal justice system? Our criminal justice
system in California is breaking down. It's being crowded to the point
where if someone does commit a misdemeanor or a crime, even a violent
crime at times, they are let out on bond or sometimes they are let out
on their own recognizance because there is no place to put them. These
criminals, many of whom have come here illegally into our country, end
up coming here because they know the punishment here is nothing as
compared to the countries from which they are coming from.
Our criminal justice system is not protecting our citizens. If
someone in your family is raped or murdered or robbed or run down by a
drunk driver, well, now it is highly likely that, or I should say that
the chances are very good that the person who is victimizing our family
is here illegally and should never be in the country in the first
place.
And what about the wages of ordinary Americans? Ordinary Americans
now find that, yes, when they get out of school, they expect to get
good jobs and good paying jobs. But, no. What we have is, with the
massive influx of people into our country who will work far below the
wages that Americans will work for, they have bid down the wages of our
people. Now, that may not mean too much to the top 10 percent or the
elite of the business community, but that means everything, everything,
to ordinary Americans who are struggling to make ends meet. Our elite
has not been hurt, our elite has not been victimized, but ordinary
Americans find themselves not being able to get the paying jobs that
will help them pay what is necessary to be in a middle-class existence
in this country.
{time} 1915
At the same time, unfortunately, we see an unfortunate trend among
corporate executives, especially among the CEOs of companies, in paying
themselves 10, 20, 30, even $100 million in compensation at the same
time that the wage level of average Americans is under attack by a
massive influx of illegals which is supported by the business elite.
Whose side is our government on? Is it on the side of the business
elite that is willing to lay their own workers off, giving themselves
huge salaries, and then bringing on illegals or sending their
manufacturing to China so that slave labor can do the job and then
giving themselves huge corporate salaries? Are we on the side of people
who are coming here from other countries who, yes, they are benefited
by coming here at the expense of ordinary Americans?
It is no mistake that this is happening. All of these dire
consequences that are going on is not something that just happened. It
was not something that was unavoidable. What is happening is a product
of bad policy, policy that is not something that has been a mistake in
policy, but an intentional policy that has been in place for 20 years.
We now have 15 to 20 million illegal immigrants in our country. And
that is not just something that happened. It happened because it was
planned by those people who are making the policy in the last 20 years,
people who were paying attention to the corporate elite, who want to
bid down wages, and also to the liberal left wing of the Democratic
Party which controls the Democratic Party who think that with huge
numbers of immigrants coming into our country, they can change America.
Neither one of those two groups of people who have such enormous
influence in the Capitol of the United States are representing or
watching out for the American people.
Well, what we have done is given rewards to those people who have
come here illegally. And then we wonder why they come here. They say,
``Give it and they will come.'' Well, there is no doubt about it; we
give a reward to people who live in poverty, abject poverty, in
different countries. If we let them know they can have education
benefits that should be going to Americans, but they now can get them
for their children; if they know their children and their families will
be given health care and health treatment with money that should be
going to Americans; if they know that if they break the law that the
penalties they face here are actually much lower than in the countries
they are in; and if they know even if they are caught crossing our
border and caught here illegally, they will not be punished, why
wouldn't they come here?
This is not something that was unpredictable. We have 15 to 20
million people bidding down our wages, destroying our education system,
destroying our health care system, making our streets and our
communities not safe for our own families; and their presence here was
not a mistake. It was planned out. Because people knew that if we give
the benefits of jobs, good jobs, and the benefits that I just described
that should be going to Americans, that people will come here from
other countries.
No border protection will stop the massive flow of illegal immigrants
into our country if we continue to give huge rewards, a treasure house
of rewards, to those people who are coming here. Don't say that you
want to strengthen the border because you really are serious about
trying to stop illegal immigration if you are unwilling to cut off the
benefits that are the lure, which are the magnet that bring people
here.
Of course, there are those who claim that, who would like to say,
well, yes, we really are concerned about this, and
[[Page 16287]]
we're going to strengthen the Border Patrol. Let's just note that the
Kennedy-Bush amnesty bill that was in the Senate suggested that they
were going to strengthen the Border Patrol enforcement and enforcement
mechanisms. Yet, everything in that bill that dealt with enforcement;
strengthening the Border Patrol, strengthening the fence, strengthening
the ability of employers to be held accountable if they hire illegals;
all of those things are already law but have not been enforced.
In fact, it is even worse that they haven't been enforced. This
administration has actually undermined the effort to try to enforce the
laws against illegal immigration, and they have done everything they
can. While the bill suggests they want to strengthen them, and the
President has had his picture taken many times on the border with
Border Patrol agents saying how important they are, yet there has been
no other administration that has so demoralized and attacks our Border
Patrol agents in doing their duty.
By now, most Americans understand that there are two Border Patrol
agents that are languishing in prison as I give this speech. But there
are many such Border Patrol agents, there are many such law enforcement
officers, who this administration has thrown the book at in order to
send a message to those law enforcement officers and those Border
Patrol agents who are there on the border trying to deflect this
massive invasion from our southern border, and this administration has
thrown the book at them if they make any mistake. A police officer who
makes a mistake, a Border Patrol officer who makes a mistake, now
understands that he or she will be prosecuted to the extent of the law,
and the benefit of the doubt will be given to the illegal alien, even
if the illegal alien is a criminal involved in such things as drug
smuggling.
What of course is brought to mind is the case of Ramos and Compean.
As I speak today, Ramos and Compean languish in Federal penitentiaries,
where they have been held for 133 days in solitary confinement.
Mr. and Mrs. America, do you understand that the people who went out
there to protect our families have been prosecuted to the fullest
extent of the law, while a drug dealer who they were trying to stop was
given immunity in order to convict them of mistakes? And those mistakes
were turned into what? Into felonies by this administration.
Johnny Sutton, who is the U.S. attorney, has a long-time relationship
with our President. One might even call him a crony, or some might call
him a member of the Bush family in that sense, that he has been with
him for a long time. He is a protege of our President. This man
determined that Ramos and Compean would be prosecuted to the fullest
extent of the law and that the drug dealer that they stopped on the
Mexican-American border would be granted immunity and that his word
would be taken over the word of the Border Patrol agents.
What happened was that 2 years ago, these two Border Patrol agents
who have unblemished records, these two Border Patrol agents who have
15 years of experience at the Border Patrol between them and a pristine
on-the-job record, both of them U.S. military veterans, one of them a
10-year veteran of the Naval Reserves, these men were on the job and
they saw a truck that had clearly come across the border. They tried to
stop it. The man in the truck ran out. They intercepted him. A scuffle
ensued. The man then, after being involved in a physical altercation
with a police officer, began to run toward the border.
His version is they immediately shot him in the back. Of course, the
U.S. attorney has repeated over and over again the lie that two U.S.
Border Patrol agents shot a man in the back as he was running away. How
many times have we heard Mr. Sutton say that? And then he also
insinuated that the two Border Patrol agents are corrupt, using the
word ``corrupt.''
This administration has backed up their prosecutor who used that
rhetoric, who threw the book at the Border Patrol agents, even though
the Border Patrol agents suggested there had been a physical
altercation; that the man who was actually involved with them at that
moment trying to smuggle $1 million worth of drugs into our country was
turning, and the two Border Patrol agents suggested they thought they
saw him turning with an object in his hand. The seconds were passing
just like this. What do you think when you see someone who is trying to
smuggle things across the border? You assume they are armed.
The Border Patrol agents, Ramos and Compean, shot at him, thinking
that he was armed, and he got away. They didn't know if they had hit
him or not. Well, the U.S. attorney took the word of the drug dealer
that he didn't have a gun.
Now, first of all, how do we know that the drug dealer didn't have a
gun? He had $1 million worth of drugs. Was he thus trying to smuggle
all those very expensive drugs, was he trying to do this unarmed? Is
that what the drug cartel does? No. If you have got a valuable
shipment, generally the Border Patrol agents understand that people who
are smuggling drugs are armed because they have something of great
value. Their drugs were worth $1 million in this case. Should we assume
that this man had a gun? I think that was a logical assumption.
What is more important is the only word that we have that he didn't
have a gun was that the drug smuggler himself made that claim. Should
we believe the drug smuggler over the two Border Patrol agents? That is
what our prosecutor did.
That is the policy of this administration. This administration gave
total immunity to the drug dealer and threw the book at the Border
Patrol agents, who have risked their lives to protect our families. If
they had been stopping a terrorist who had a truckload of nuclear
material, a dirty bomb aimed at El Paso or some other city, these two
Border Patrol agents would have been heralded as heroes. Instead, it
was a Mexican, instead of an Arab terrorist, and the Mexican drug
dealer was given immunity, and the Border Patrol agents are now
languishing in prison, having been charged with attempted murder.
The jury in that trial, by the way, was lied to. They were told that
the drug dealer had never done this before, even though newspaper
accounts suggest that his family said he had been hauling drugs for a
long time, since he was 14 years old, and that he indeed carried a gun
many times when he was smuggling drugs.
This administration decided that they were going to prosecute not
only the Border Patrol agents, but they were going to lie to the jury
and portray the drug dealer as this is the only time he ever did it,
and, guess what? He only did it because he needed to make money for his
sick mother's medicine. That type of tripe was allowed to be told to
the jury.
And let us note that three of the jurors after this was over broke
down in tears when they were told that they could have actually voted
not guilty, the foreman of their jury told them that if the majority
voted guilty, they had to vote guilty.
Johnny Sutton, our U.S. Attorney, claims that he didn't have a
choice. He did have a choice, and it reflects on this administration,
and that choice was to prosecute our defenders and give the benefit of
the doubt and immunity to a Mexican drug dealer. He had a choice of who
to prosecute.
They also had a choice of whether they were going to tell the jury
that this same drug dealer had been fingered for a second drug
shipment, even after the Ramos-Compean incident, before they went to
trial. But that was kept from the jury as well.
The U.S. attorney claims that Ramos and Compean were corrupt. Now he
defends that saying, well, anybody who would shoot an unarmed man is
corrupt. Well, let me tell you this, another bit of lawyer-like
legalese that the American people can understand: The Border Patrol
agents have no corruption in their background whatsoever. Yet the U.S.
attorney is calling them corrupt.
{time} 1930
Department of Homeland Security briefers who briefed Members of
Congress on these two Border Patrol
[[Page 16288]]
agents claimed they said ``we are going to go out today and shoot some
Mexicans.'' And kept that up for months and then had to admit it was a
total lie.
Something is dreadfully wrong here. What is dreadfully wrong is we
have a President who is trying to send a message to the Border Patrol
agents that they should not use their weapons or they are going to be
prosecuted. Well, if you can't use your weapons on the border, how are
we going to protect the border? No drug dealer or smuggler or terrorist
is going to stop. If a Border Patrol agent says stop, but I can't use
my weapon, you have lost control of the borders over a nonsensical
policy and it has resulted in two of our heroes languishing in solitary
confinement.
This administration is so mean-spirited and so nasty that when one of
the Border Patrol agents was beaten up by a Mexican gang in prison,
they refused to even consider asking the judge to let them out on
appeal, which even common criminals are let out on appeal. No, they
went into solitary confinement, quote, ``for their own protection.''
My staff visited Agent Ramos who has been in solitary confinement for
133 days. He has lost 25-35 pounds. They are not giving him proper
medical care. This man, who was part of the Naval Reserve for 10 years,
who risked his life for us, put his life on the border trying to stop
drug dealers from bringing drugs into our communities, and this
President refused to even consider asking the judge to let them out on
bond until their appeal is heard.
Why is that? My guess is the President has made an agreement with the
Mexican Government that there will be no use of weapons on our border,
and this is part of a bigger picture, bigger understanding, bigger
vision of our President, that we should have an open border with Mexico
so we can have a country sort of like the border between Belgium and
France in the future.
How do we know that the President has bigger visions that he doesn't
let us know about? He made an agreement with the Mexican Government to
provide Social Security benefits to illegals who have worked here if we
indeed ever legalize the status of those people who are illegally
working in our country. So yes, we are going to provide Social
Security. That is part of the totalization agreement. And for 2 years
we couldn't get that information about that secret understanding
between our President and Mexico until Freedom of Information Act
lawsuits forced them to disclose that.
What other agreements do we have? One must be that we are not going
to use our weapons on the border unless our people are shot at first.
What does that do to control of the border? That means we have lost
total control. The Border Patrol agents understand this. They have
never been more demoralized. And you tell me that we should believe
that the President is serious about this issue and that Senator Kennedy
and President Bush will indeed strengthen the Border Patrol when they
have done everything in their power to demoralize the Border Patrol?
The bill that was being proposed in the Senate, that was withdrawn,
had one purpose and one purpose only. It was not to strengthen
enforcement or strengthen the Border Patrol or increase the number of
beds for detention for illegal immigrants. All of those things were
already done by law. And the bill that was being proposed actually
decreased the amount of enforcement already mandated by law.
There was one purpose and that purpose was to legalize the status of
15-20 million people who are in our country illegally. The enhancement
provisions of that bill were fraudulent because those provisions were
already mandated by laws that have already passed and are not being
enforced by this administration.
So the American people when they heard this and understood what was
being presented to them, and we kept hearing we have to have a
comprehensive bill. A ``comprehensive bill'' only means legalization.
Enhancement is there to cover up the fact that legalization is what is
going on.
The American people when they finally understood that, and thank God
we have people on talk radio shows around this country who alerted the
American people to the legislative threat that was coming down the
pike, the American people rose up in a righteous rage and made sure
that their Members of Congress and Members of the Senate were alerted
to the fact they would not put up with this betrayal of their
interests.
But the American people are up against an incredibly powerful
adversary in Washington. It is an unholy alliance between business and
the liberal left that controls the Democratic Party. The business
community wants lower wages. The business community wants to bid down
not only the wages of the illegal immigrants that are coming over, and
not only will they pay fewer wages to them, but they actually can pay
lower wages to the American people because having the presence of 20
million people here actually brings down the wage level that they have
to pay to get the job done.
So you have the business community pushing for policies that will not
inhibit the massive flow of immigrants into our society, and you have
the liberal left who really believe that they want to change the
fundamentals of America and that a massive flow of illegals into our
country, or at least a presence of a large number of immigrants, is
going to help them change America.
Well, the businessmen of course don't say that. That is not what
officially is the reason. That is not officially how they can claim
that they want to bring in people from other countries. They are
claiming that they can't find Americans to do jobs. Before it was there
are no Americans who will work at these jobs, and now they have changed
the word that there aren't Americans who are working at these jobs.
Let me note that I believe the American people will work on any job
as long as the pay is right. We have 60 million Americans of working
age who are not working in this country. But we are being told by the
business community we can't find anybody to do these jobs. The hotel
industry, for example, tells us they can't find people to change the
sheets and clean up the rooms at hotels. What we need to do is take a
picture in our mind of these big hotels and how many people they employ
and realize where these hotels are located. They are located mainly in
urban areas. There are millions upon millions of American women, and
also men, I might add, who would love to have a job that would permit
them to drop their kids off at school at 8:00 or 9:00 in the morning
and come back at 3:00 in the afternoon and pick them up. That just
happens to be the time when you need people to work in those hotels.
But you know what, those American people who would love to take care
of their children and increase the take-home pay of their family, they
are not going to work for a pittance. What happens with the illegals
that come in, they work for a pittance. The hotels don't have to give
them health insurance, and the American people are taxed or their
health insurance has to pay for those illegals and they won't take the
jobs because the jobs are paying so little.
Yes, I believe we have plenty of people to clean those hotel rooms.
Let's pay them a decent wage. There is nothing wrong in believing that
people who clean hotel rooms should have a middle-class income.
We are told that we can't find people to work on the farms. The
farmers say there is not enough labor. There is a large number of
people who labor on farms, but there is, yes, a component of people
that we have brought in from other countries. We don't need to bring in
these people from other countries. But every time I mention there is an
alternative, people scream and yell. There is a big smoke screen that
comes up because everybody refuses to look at an idea honestly.
Instead, they want to negate the argument without actually confronting
the idea because there are millions of young men in particular who are
able to work on the farms; and millions, by the way, are in prison.
[[Page 16289]]
I look to see where the prisons are located in this country, and they
are almost all in farm areas. Is there any reason in the world that we
should just have prisoners beefing up at the gymnasium and watching TV,
that we can't also have them earning money that otherwise would be
going to foreigners, let them earn the money. Let them pay half of it
to pay for their keep so it brings down the cost to the taxpayers, and
let them walk out of prison 5 years later with half of the money that
they have made being paid a market value for helping pick fruits and
vegetables.
I have talked to prisoners and people who work in the prisons. They
all love this idea, but every time you bring it up in the Congress, no,
you don't hear a logical argument against it. You just hear no, no, no,
we can't do that.
I'm sorry, just raising your voice and saying that can't be
considered is not good enough. The American people understand that
prisoners can work. And we don't have to bring in millions of people
from overseas to take those jobs.
Also, we, of course, understand that it is not just low-level jobs
with massive numbers of immigrants coming into our society. The
business community also tells us these are the jobs people won't take,
supposedly. We need to bring in hundreds of thousands of people with H-
1B visas to run computer systems and to be technical people. What's the
matter, Americans won't do those jobs?
I went to a function a few years ago and I will never forget it. A
middle-aged person stopped me, and said, Congressman, I came here
because I wanted to talk to you. I wanted to thank you because you were
the only one who really stood up and argued against the H-1B visas
which brought in hundreds of thousands of people from the Indian
subcontinent to do these computer jobs. He said, you said it is going
to bring down the wages of the American people, and I have the
newspaper quote. And he said, you know what, I was a computer operator
in Orange County earning $80,000 a year. They laid me off and a year
later when they called me back to the company, they said they were
going to pay me $50,000. He said, I had the same job and I was earning
$80,000. And they said take the job because we can get an H-1B visa
person from India to take this job for $40,000 if you won't take it for
$50,000. He said, I took the job.
And he said, Do you know, Congressman, what the difference between
earning $50,000 and $80,000 is? When you earn $50,000 a year in Orange
County, you never dream of owning your own home.
Why are we betraying people like this? Why are we bringing in
hundreds of thousands of people from overseas rather than have the
industry pay more money? No, no, they are keeping the wages down,
bringing in people who will work for a pittance while the CEOs of these
companies are paying themselves tens of millions of dollars a year.
There is nothing wrong with paying a CEO a good salary, but you are
doing that by destroying the middle class of our country by taking it
out of the mouths of working people, honest Americans who are willing
to work, but now you want them to work as if they are peons and people
of lower income are coming from all over the world?
Well, I was just confronted by this again in the health care
industry. People want me to agree to bring in 100,000 Filipino nurses
or 100,000 Indian or Pakistani nurses into our country. Nurses make
$65,000-$70,000 a year. Our junior college system in California, you
know, how many nurses are we graduating from there? No, in my own city
we have a junior college that has 25,000 students and they graduate 185
people from their nursing program a year, and they think that is a
great thing. What about those other thousands of kids? They are getting
prepared to do what, sell clothes at Nordstrom's, so they can be an
assistant manager at a 7-Eleven store and earn $35,000?
We need to remold our educational efforts to make sure that our kids
are equipped to do these jobs, whether it is in computers or whether it
is health care, rather than bringing in hundreds of thousands of people
from overseas. It is our kids who should be getting the jobs for
$65,000 a year when they start. But no, our system would prefer,
because the people in our system are lazy. They don't want to go
through the heartache of trying to reform the structure because a lot
of college professors, by the way, who teach sociology in junior
colleges, refuse to let the people who are teaching health care to our
nurses to make more money than they make, and of course a nurse makes
more money than a sociology professor, but they can't do it in our
schools. So instead of reforming our education system so we can have
more nursing people, rather than going overseas, instead we are just
going to go overseas and bring hundreds of thousands of Filipinos and
Pakistanis and Indians in.
This is horrible. H-1B visas are nothing more than an excuse by big
business to keep wages down and give these opportunities to foreigners
rather than our own American people.
{time} 1945
Our American people, especially the young people, are being betrayed
by this type of policy and this type of thinking.
There is a war that is being waged on the middle class in this
country. It's a war that's being waged, yes, by people on the liberal
left who have a radical agenda, never believed in the American way of
life in the first place, and yes, in the business community that has no
loyalty to their American workers whatsoever.
We see it in the China policy, where businesses will go overseas and
basically participate in slave labor in order to make a 20 percent
profit rather than a 5 or 6 percent profit here in the United States
paying people decent wages.
We end up having a government policy that subsidizes these
businessmen to go overseas, especially in China. There are loan
guarantee programs for people who invest in manufacturing facilities in
China. This is outrageous. We transfer our technology and our skills to
the Chinese people when their government is a dictatorship that is
opposed to everything we believe in and represses their own people,
especially the religious people.
But yet, we let our American business community ship our jobs and our
technology over there at what? The businessmen make a lot of money. The
business elite make their money for a few years, and in the end, the
American people suffer. Their high-paying manufacturing jobs are gone,
again, subsidized by the American taxpayer.
We can see it in the China policy. We can see it in our immigration
policy. There is a war being conducted on the American middle class.
And what do we have here? Our people work hard, and they have fought
the battles for freedom, and they have fought the battles to make sure
that the businessmen in this country have a right to private property.
Yet, those people who send the jobs to China are bringing illegal
immigrants to bring down wages. They do not care about the American
people.
It is our job, supposedly our job, to watch out for the American
people. However, we have various powerful interests at play right here
in the Congress that are stirring us away from watching out for their
interests. As I've said, we've got our health care system and our
education system and our legal system are all under attack. Our Social
Security system is under attack, and we are called bigots and hate
mongers because we want to watch out for the American people.
There was some suggestions by very high government officials and high
political people here that those of us who were opposed to this
comprehensive amnesty bill that, in some way, we're not for doing right
for America or that our hearts are filled with hate. Well, let me note
this. It is not selfish for the American people to demand that the
resources that we have in our country be used for their benefit and the
benefit of their families. That's not selfishness.
If being an American citizen means nothing, it means nothing, how can
we ever expect the people to go and defend
[[Page 16290]]
our country? How can we expect the American people to think that
there's something special about being an American if we give every
benefit that belongs to them to someone who's come here illegally?
And let us note this. We don't hate the people who come here
illegally. In fact, we have to note, yes, there are criminals that come
here illegally. There are drug dealers, but 90 percent of the people
who come here are probably very wonderful people. We would come here,
too, but it is the job of the United States Government not to help good
people who need help and would come here from all over the world. Our
job is to watch out for the interests of the American people, and if
that doesn't mean anything, why should the American people be loyal to
us if we're not being loyal to them?
We're not saying that illegals are bad people. We just know that if
they drain the education system, the health care system, if they come
in and they're poor, they're going to take $100,000 in their lifetime
more out of Social Security than they put in. It's going to bankrupt
Social Security. Is there anything wrong with saying that we're going
to watch out for our people first, our people being the people who are
citizens of the United States and people who have come here legally?
And again, let me note this. Not only do we not think poorly of
illegals, because we have to protect ourselves against diseases that
are coming in, criminals that are coming in, yes, but by and large,
illegal immigrants are trying to come here to better their families,
but they're doing it at the expense of the American people.
However, let us note that the people who are the worst hurt on this
are the legal immigrants. I had a telephonic town hall meeting last
night, and the number of the people who called in to complain about
illegal immigration are the people who came here legally, who are in
this country legally, most of whom have become citizens.
This flood of illegals into our society is the worst threat to people
who have come here legally, and once we legalize the status of the 15
to 20 million who have come here illegally, it is an insult and a slap
at the legal people, also the people who are waiting overseas by the
tens of millions to come here legally.
Now, we are not being bigoted. We're not being selfish. We're
watching out for the interests of the American people, and there's
nothing wrong with that, and the legal immigrants who are here fully
understand, and we are not in any way anti-legal immigrant.
Well, what's happening, of course, the Americans who are worst hit
are at the bottom end of the scale. Those people who are struggling in
the black community to get these jobs and would like good paying jobs
are being edged out by illegals. American citizens who happen to be
black should pay attention to how their elected officials are voting on
this illegal immigration issue. There's nothing more damaging to the
black community than illegal immigration that denies benefits and jobs
to our own citizens.
Also, the Mexican American community, proud Americans who happen to
be of Mexican descent, they are being hurt because they're being
stigmatized by a massive influx of illegals into our country from
Mexico. It is wrong and they know that. Americans of Mexican descent
are proud and patriotic people. They have earned more medals in
defending our country than any other ethnic group in the United States.
They are being hard hit. These are the people who would be the hardest
hit by the Bush-Kennedy so-called comprehensive immigration reform
bill.
What it is, of course, again is an immigration bill that the
enforcement part is just a facade and a fraud, but the real purpose is
to immediately legalize the status of 15 to 20 million people who are
in our country illegally.
Let's note, in that bill what was proposed, and we have no idea what
they're going to bring back at us, a Z visa would have had to have been
issued to any illegal immigrant who was applying to get this visa that
would give them a temporary status, but the temporary status would be a
legal status, and they could renew that visa as many times as they
want. There's no limit on how long they could stay here on a
``temporary'' visa, but the legal status permitted them to get all
these benefits that legal citizens would get except for voting.
And what would happen? The people of our government were going to
give only 24 hours to give a person who had applied to give them Z
visas. How many tens of thousands of criminals, of people who are ill
with communicable diseases, of terrorists would have been allowed to
come into our country on a temporary status but renewably forever, had
that happened, thank God that bill was held back. But that bill will
come back again and is coming back again unless we rise up again and
make our voices heard, because they are trying to bring back the
illegal immigration bill that would have given amnesty to those 15 to
20 million illegals.
Now, let me note that there has been a bill that has been submitted
by Lamar Smith, Brian Bilbray and others that is a bill here in the
House that is an example of the type of immigration reform that is real
reform, which is aimed at enforcement, which is aimed at trying to make
sure that employers can verify whether or not someone who's applying
for a job is an illegal immigrant or not, and strengthening the border
patrol and the agents and building a fence. This is in Lamar Smith's
bill. That is a real bill. That is a bill we need.
And I would hope that the American people say we don't need a
comprehensive bill, we need an enforcement bill. As I say, unless the
American people are paying attention, and becoming involved in the
process, those powerful interest works that are at play here, working
against their well-being, will carry the day. That bill will come back.
Unless we express our anger and our outrage over this betrayal of the
interests of average Americans, it will pass, just as it was on line to
pass before. Yet another attempt to try to get a bill through without
the American people understanding what is in that bill and how
threatening it is.
There is, of course, a lot of examples where the interests of our
people are not being watched here in this Congress, and there's no
doubt that there are interests at work. Unless the American people pay
attention, those special interests will succeed.
One of the powerful influences in Washington right now is based on
the concept of globalism. That's why we're trying to build up the
economy of China, because this strategy is that we're going to have a
global system of government and of trade and of economics. And that
global system is a dream that is a driving force behind many of the
policies that are so detrimental to our American people. Because if you
watch out for the globe, that means that you're going to be taking from
the American people.
By definition, our people, being in the richest country of the world,
are going to be the targets that are selected to try to extract
benefits from them and the wealth from them in order to have a better
globe, a better world. Well, I want there to be a better world, but I'm
not going to do it by taking away from the rights and the well-being of
the American people.
What we've got here in the immigration bill and our China policies is
a fight between those with a globalist approach versus a patriotic
approach. It's the patriots versus the globalists. Now, we care about
the other people in the world. Because we want to protect the interests
of the American people doesn't mean that we are nasty and that we hate
people.
But the people of the United States of America have a very special
role to play in this world. We're people who come here from every race
and every religion, every part of the world, and we have come here. We
are living together, trying to live together in peace and harmony,
trying to say to the world, as our Founding Fathers meant us to say in
the Declaration of Independence, that people have rights of life,
liberty and the pursuit of happiness and that we are here to show a
better way.
If we diminish the well-being of the people of the United States of
America, we take away from their opportunity
[[Page 16291]]
in order to build up others. In order to build a vision of the globe,
it will be a great disservice not only to the American people but to
the people of the world.
It has been the American people that set the standard. It's been the
American people who stepped out and defeated Japanese militarism and
Nazism when it threatened the world. It's been the American people who
have stepped out and defeated communism and deterred the communist
expansion until that evil atheistic system had a chance to
disintegrate. It is the American people now who bear the brunt of the
war on radical Islam that would create Islamic dictatorships and treat
women all over the world as cattle.
We are the ones who are protecting the world against these evils, and
if the American people ever come to the point where they lose faith in
our system because we have not been watching out for their interests,
yes, it will be a horrible, a horrible outcome, not only for the
people, not only for our country, but for the entire planet because the
planet, the good and decent people of this planet, depend on us to show
the way.
We cannot just forget that the Social Security benefits of our people
will be damaged and be put in jeopardy if we allow poverty stricken
people to flood into our country. We can't forget what it's going to do
to the American people, what it will do to the United States. What is
the United States? The United States is us, U.S.
In 1986, we, us, the United States, the people of the United States,
were told that by granting amnesty to 3 million illegals, that would
end the problem because there would be enforcement on employers and
that would then stop this problem, and there was an irritation of
having 3 million people here illegally.
{time} 2000
Well, today, we are told there are 11 million. Most of us believe it
is more like 15 to 20 million illegals who live among us. What that
means is that if we end up now, giving them legal status, we will have
50 million to 60 million illegals here win 10 years. We will have lost
our country. America will be lost to people who have come here
illegally from other countries.
Wake up, America. We are losing our country, and it is not just a
mistake. There have been policies that have encouraged this invasion.
Now, we are told that those who are opposing this invasion of
illegals into this country have no alternative. Oh, you are saying,
well, you were opposed to legalization status.
Well, what's your option? There is an option. The most dishonest
argument that has been presented is that we have to either legalize the
status with amnesty, or we have to have massive deportation. That was
the most dishonest approach that I have heard, except for someone who
is trying to claim that the word ``amnesty'' doesn't mean what amnesty
means.
Well, there is an alternative to mass deportation or just giving
amnesty or legalization. It's called attrition. It means that when
people come here, we should not provide them free education, free
health care, free services. If their child is born here, they shouldn't
become a U.S. citizen automatically, because, by the way when they do,
automatically they get housing subsidies and everything else based on
the idea that they have got a U.S. citizen in their household.
No, if you deny them those things and you deny them jobs, first of
all, people will hear that overseas and they will quit coming. Those
who are already here illegally will find it hard to get by, and
eventually, slowly but surely they will eventually go home. It's called
attrition. There is nothing wrong with that approach. It is not massive
deportation, it is not legalization. It is the one thing that will
work. It is an alternative.
Those people who present the so-called comprehensive plan have only
one thing in mind, legalizing the status of those who are already here
illegally, and that will result in 50 to 100 million more illegals
coming to work for our country. Thus, what is the alternative? The only
alternative is to strengthen our border, yes, strengthen our border,
strengthen our visa system.
Most people don't understand that 40 percent of all illegals don't
come from our southern border, 40 percent of them are coming in with
visa ands just overstaying their visa. Again it was a conscious
decision not to reform our visa system so we would know if someone who
had come in has left.
Our system, right now, we don't know if they have left and gone home
or not. We could have reformed that. But, instead, we did not because
it was policy to bring in these illegals. Those who are talking about
comprehensive approach, they are the ones who back that policy.
Now, we have an alternative. The alternative, attrition, the
alternative is making sure that we strengthen the border, but then we
deny benefits and jobs to those who are here. We can do this. This is a
job that is not beyond our ability in this Congress to do. We could
certainly build a fence, and we can certainly have enforcement
mechanisms done right away, which is what the bill Lamar Smith has
recently placed in the hopper.
Now, Americans need to pay attention to what's going on. They need to
know the arguments. They need to know people, the arguments that people
are making, who are trying to fool them, and they need to speak up.
There needs to be the same kind of outcry that we heard about a month
ago, because that's when the powers that be were back down on the
Senate side with that amnesty, with the Bush-Kennedy amnesty
legalization bill.
It's time to step up. We cannot count on the government to protect
our interest, the elected officials. We all have to participate.
This is the United States of America versus those people who do not
have the interests of the American people at heart. It's time for the
patriots to be heard. We will lose this fight unless the patriots are
heard.
I would now like to thank the Chair for permitting me this time and
would call on the American people to be active, be patriots, and I am
proud to serve them here in the United States Congress.
____________________
LEAVE OF ABSENCE
By unanimous consent, leave of absence was granted to:
Mr. Larson of Connecticut (at the request of Mr. Hoyer) for today.
____________________
SPECIAL ORDERS GRANTED
By unanimous consent, permission to address the House, following the
legislative program and any special orders heretofore entered, was
granted to:
(The following Members (at the request of Mrs. Christensen) to revise
and extend their remarks and include extraneous material:)
Ms. Kilpatrick, for 5 minutes, today.
Ms. Waters, for 5 minutes, today.
Mr. Scott of Virginia, for 5 minutes, today.
Mr. Davis of Illinois, for 5 minutes, today.
Ms. Lee, for 5 minutes, today.
Mrs. Christensen, for 5 minutes, today.
Mrs. Jones of Ohio, for 5 minutes, today.
Ms. Corrine Brown of Florida, for 5 minutes, today.
Ms. Jackson-Lee of Texas for 5 minutes, today.
Ms. Clarke, for 5 minutes, today.
Mr. Rush, for 5 minutes, today.
Mr. DeFazio, for 5 minutes, today.
Ms. Woolsey, for 5 minutes, today.
(The following Members (at the request of Mr. Jones of North
Carolina) to revise and extend their remarks and include extraneous
material:)
Mr. Poe, for 5 minutes, June 26.
Mr. Burgess, for 5 minutes, June 20.
Mr. Jones of North Carolina, for 5 minutes, June 26.
The following Member (at his own request) to revise and extend his
remarks and include extraneous material:)
Mr. Sestak, for 5 minutes, today.
____________________
ENROLLED BILLS SIGNED
Ms. Lorraine C. Miller, Clerk of the House, reported and found truly
enrolled bills of the House of the following titles, which were
thereupon signed by the Speaker:
[[Page 16292]]
H.R. 57. An act to repeal certain sections of the Act of
May 26, 1936, pertaining to the Virgin Islands.
H.R. 692. An act to amend title 4, United States Code, to
authorize the Governor of a State, territory, or possession
of the United States to order that the National flag be flown
at half-staff in that State, territory, or possession in the
event of the death of a member of the Armed Forces from that
State, territory, or possession who dies while serving on
active duty.
____________________
ADJOURNMENT
Mr. ROHRABACHER. Mr. Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 8 o'clock and 5 minutes
p.m.), the House adjourned until tomorrow, Wednesday, June 20, 2007, at
10:00 a.m.
____________________
EXECUTIVE COMMUNICATIONS, ETC.
Under clause 8 of rule XII, executive communications were taken from
the Speaker's table and referred as follows:
2254. A letter from the Principal Deputy Under Secretary
for Personnel and Readiness, Department of Defense,
transmitting a report to Congress on the use of Aviation
Continuation Pay (ACP) for Fiscal Year 2006, pursuant to 37
U.S.C. 301b(i); to the Committee on Armed Services.
2255. A letter from the Chairman, Federal Energy Regulatory
Commission, transmitting the Commission's annual report,
covering the fiscal year from October 1, 2005, through
September 30, 2006, pursuant to 16 U.S.C. 797(d); to the
Committee on Energy and Commerce.
2256. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting Copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b; to the
Committee on Foreign Affairs.
2257. A letter from the Under Secretary for Industry and
Security, Department of Commerce, transmitting a report that
the Department intends to impose new foreign policy-based
export controls on exports of certain items under the
authority of Section 6 of the Export Administration Act of
1979, as amended, and continued by Executive Order 13222 of
August 17, 2001, as extended by the Notice of August 3, 2006;
to the Committee on Foreign Affairs.
2258. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting the seventh annual
Trafficking in Persons Report, pursuant to Public Law 106-
386, section 110; to the Committee on Foreign Affairs.
2259. A letter from the Assistant Secretary for Legislative
Affairs, Department of State, transmitting pursuant to
section 36(c) of the Arms Export Control Act, certification
regarding the proposed technical assistance agreement for the
export of technical data, defense services and defense
articles to the Government of Canada (Transmittal No. DDTC
061-07); to the Committee on Foreign Affairs.
2260. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Security Zone:
Coast Guard Academy Commencement, New London, CT [CGD01-01-
049] (RIN: 1625-AA87) received June 13, 2007, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2261. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Regulated
Navigation Area; Atchafalaya River, Berwick Bay, Berwick Bay,
LA. [CGD08-06-023] (RIN: 1625-AA11) received June 13, 2007,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
2262. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Special Local
Regulation: ULHRA Hydroplane Races, Howard Amon Park,
Richland, Washington. [CGD13-07-013] (RIN: 1625-AA00)
received June 13, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to
the Committee on Transportation and Infrastructure.
2263. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Drawbridge
Operation Regulations; Intracoastal Waterway (ICW); Manasquan
River, Brielle, NJ [CGD05-07-056] (RIN: 1625-AA-09) received
June 13, 2007, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
2264. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Vessels Carrying
Oil, Noxious Liquid Substances, Garbage, Municipal or
Commercial Waste, and Ballast Water; Technical,
Organizational and Conforming Amendment [USCG-2007-28201]
(RIN: 1625-ZA13) received June 13, 2007, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
2265. A letter from the Adjutant General, Veterans of
Foreign Wars of the U.S., transmitting proceedings of the
107th National Convention of the Veterans of Foreign Wars of
the United States, held in Reno, Nevada, August 26-August 31,
2006, pursuant to 36 U.S.C. 118 and 44 U.S.C. 1332; (H. Doc.
No. 110-40); to the Committee on Veterans' Affairs and
ordered to be printed.
2266. A letter from the Commissioner, Social Security
Administration, transmitting a copy of a draft bill to make
amendments to the Old-Age, Survivors, and Disability
Insurance program and the Supplemental Security Income
program.; to the Committee on Ways and Means.
2267. A letter from the Under Secretary for Acquisition,
Technology and Logistics, Department of Defense, transmitting
the Department's assessment of the FY 2008 President's Budget
Request for science and technology, as required by Section
217 of the John Warner National Defense Authorization Act for
Fiscal Year 2007; jointly to the Committees on Armed Services
and Science and Technology.
2268. A letter from the Secretary, Department of Health and
Human Services, transmitting the Department's FY 2004 report
on the Low Income Home Energy Assistance Program (LIHEAP),
pursuant to 42 U.S.C. 8629(b); jointly to the Committees on
Energy and Commerce and Education and Labor.
2269. A letter from the Deputy Director, Defense Security
Cooperation Agency, transmitting the Department's
notification of its intention to use unobligated
International Military Education and Training (IMET) funds
appropriated for Montenegro, pursuant to Public Law 108-447;
jointly to the Committees on Foreign Affairs and
Appropriations.
____________________
REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as
follows:
Ms. WASSERMAN SCHULTZ: Committee on Appropriations. H.R.
2771. A bill making appropriations for the Legislative Branch
for the fiscal year ending September 30, 2008, and for other
purposes (Rept. 110-198). Referred to the Committee of the
Whole House on the State of the Union.
Mr. HASTINGS (FL): Committee on Rules. House Resolution
498. Resolution providing for consideration of the bill (H.R.
2764) making appropriations for the Department of State,
foreign operations, and related programs for the fiscal year
ending September 30, 2008, and for other purposes (Rept. 110-
199). Referred to the House Calendar.
Mr. CONYERS: Committee on the Judiciary. H.R. 923. A bill
to establish an Unsolved Crimes Section in the Civil Rights
Division of the Department of Justice, and an Unsolved Civil
Rights Crime Investigative Office in the Civil Rights Unit of
the Federal Bureau of Investigation, and for other purposes;
with an amendment (Rept. 110-200). Referred to the Committee
of the Whole House on the State of the Union.
____________________
PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XII, public bills and resolutions were
introduced and severally referred, as follows:
By Mr. GEORGE MILLER of California (for himself, Mr.
Rahall, Ms. Woolsey, Mr. Murtha, Mr. Kucinich, Mr.
Chandler, Mr. Hare, Mr. Bishop of New York, Mr.
Mollohan, Mr. Payne, Mr. Holt, Mr. Sarbanes, and Mr.
Yarmuth):
H.R. 2768. A bill to establish improved mandatory standards
to protect miners during emergencies, and for other purposes;
to the Committee on Education and Labor.
By Mr. GEORGE MILLER of California (for himself, Mr.
Rahall, Ms. Woolsey, Mr. Murtha, Mr. Kucinich, Mr.
Chandler, Mr. Hare, Mr. Bishop of New York, Mr.
Mollohan, Mr. Payne, Mr. Holt, Mr. Sarbanes, and Mr.
Yarmuth):
H.R. 2769. A bill to establish improved mandatory standards
to protect and enhance the health of miners; to the Committee
on Education and Labor.
By Mr. TOWNS (for himself and Mr. Whitfield):
H.R. 2770. A bill to amend title XVIII of the Social
Security Act to ensure more appropriate payment amounts for
drugs and biologicals under part B of the Medicare Program by
excluding customary prompt pay discounts extended to
wholesalers from the manufacturer's average sales price; to
the Committee on Energy and Commerce, and in addition to the
Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. BRADY of Texas (for himself, Mr. Sam Johnson of
Texas, Mr. Culberson, Mr. Paul, Mr. Hall of Texas,
Ms. Granger, Mr. McCaul of Texas, Mr. Meek of
Florida, Mr. Burgess, Mr. Poe, Mr. Edwards, Mr.
Marchant, Mr. McGovern, Mr. Delahunt, and Mr.
Hinojosa):
[[Page 16293]]
H.R. 2772. A bill to amend title II of the Social Security
Act to repeal the windfall elimination provision and protect
the retirement of public servants; to the Committee on Ways
and Means.
By Mr. LAMPSON:
H.R. 2773. A bill to enhance research, development,
demonstration, and commercial application of biofuels related
technologies, and for other purposes; to the Committee on
Science and Technology.
By Ms. GIFFORDS:
H.R. 2774. A bill to support the research, development, and
commercial application of solar energy technologies, and for
other purposes; to the Committee on Science and Technology.
By Mr. OBERSTAR (for himself and Ms. Norton):
H.R. 2775. A bill to amend the Robert T. Stafford Disaster
Relief and Emergency Assistance Act to authorize funding for
emergency management performance grants, and for other
purposes; to the Committee on Transportation and
Infrastructure.
By Mr. RANGEL (for himself, Mr. Levin, Mr. McDermott,
Mr. Lewis of Georgia, Mr. Neal of Massachusetts, Mr.
McNulty, Mr. Tanner, Mr. Becerra, Mr. Doggett, Mr.
Pomeroy, Mrs. Jones of Ohio, Mr. Thompson of
California, Mr. Larson of Connecticut, Mr. Emanuel,
Mr. Blumenauer, Mr. Kind, Mr. Pascrell, Ms. Berkley,
Mr. Crowley, Mr. Van Hollen, Ms. Schwartz, and Mr.
Davis of Alabama):
H.R. 2776. A bill to amend the Internal Revenue Code of
1986 to provide tax incentives for the production of
renewable energy and energy conservation; to the Committee on
Ways and Means.
By Mr. BISHOP of Utah (for himself, Mr. Cannon, and Mr.
Matheson):
H.R. 2777. A bill to provide for the acquisition of five
isolated parcels of land owned by the State of Utah, under
the control of the Utah National Guard, and withdrawn for
military use as part of Camp Williams, Utah, in exchange for
a consolidated parcel of public land of approximate equal
value, also within the boundaries of Camp Williams, necessary
for future military mission training; to the Committee on
Natural Resources.
By Mrs. LOWEY (for herself, Mrs. Maloney of New York,
Mr. Higgins, Mr. Towns, Mr. Crowley, Mr. Kuhl of New
York, Mr. McHugh, Mr. Hall of New York, Mr. Ackerman,
Mr. Nadler, Mr. Fossella, Mr. Bishop of New York, Mr.
Engel, Ms. Clarke, and Mrs. Gillibrand):
H.R. 2778. A bill to designate the facility of the United
States Postal Service located at 3 Quaker Ridge Road in New
Rochelle, New York, as the ``Robert Merrill Postal Station'';
to the Committee on Oversight and Government Reform.
By Mr. MAHONEY of Florida (for himself, Mr. Hastings of
Florida, Ms. Castor, Mr. Boyd of Florida, Mrs. Drake,
Mrs. Davis of California, and Mr. Calvert):
H.R. 2779. A bill to recognize the Navy UDT-SEAL Museum in
Fort Pierce, Florida, as the official national museum of Navy
SEALS and their predecessors; to the Committee on Armed
Services.
By Mr. MORAN of Virginia:
H.R. 2780. A bill to amend section 8339(p) of title 5,
United States Code, to clarify the method for computing
certain annuities under the Civil Service Retirement System
which are based on part-time service, and for other purposes;
to the Committee on Oversight and Government Reform.
By Mr. RANGEL:
H.R. 2781. A bill to award a congressional gold medal to
Ray Charles in recognition of his many contributions to the
Nation; to the Committee on Financial Services.
By Mr. REHBERG:
H.R. 2782. A bill to amend the Internal Revenue Code of
1986 to extend the deduction for qualified tuition and
related expenses; to the Committee on Ways and Means.
By Mrs. TAUSCHER (for herself, Ms. Lee, Ms. Matsui, Mr.
McNerney, Mrs. Napolitano, Mr. Filner, Mr. Stark, Mr.
George Miller of California, Mr. Lantos, Ms. Eshoo,
Ms. Zoe Lofgren of California, Ms. Woolsey, Mr.
Thompson of California, Mrs. Capps, Ms. Linda T.
Sanchez of California, Ms. Watson, and Mr. Farr):
H.R. 2783. A bill to amend title 23, United States Code, to
provide for mass transportation services that provide
temporary substitute highway traffic service as a result of
an emergency; to the Committee on Transportation and
Infrastructure.
By Ms. ROS-LEHTINEN (for herself, Mr. Lantos, Mr.
Burton of Indiana, Mr. Rohrabacher, Mr. Chabot, Mr.
Pence, Mr. Tancredo, Mr. Pitts, and Mr. Honda):
H. Res. 497. A resolution expressing the sense of the House
of Representatives that the Government of the People's
Republic of China should immediately release from custody the
children of Rebiya Kadeer and Canadian citizen Huseyin Celil
and should refrain from further engaging in acts of cultural,
linguistic, and religious suppression directed against the
Uyghur people, and for other purposes; to the Committee on
Foreign Affairs.
By Mr. SMITH of Texas (for himself and Mr. King of New
York):
H. Res. 499. A resolution expressing the sense of the House
of Representatives that the Administration should rigorously
enforce the laws of the United States to substantially reduce
illegal immigration and greatly improve border security; to
the Committee on the Judiciary, and in addition to the
Committees on Financial Services, and Homeland Security, for
a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned.
____________________
MEMORIALS
Under clause 3 of rule XII, memorials were presented and referred as
follows:
81. The SPEAKER presented a memorial of the Legislature of
the State of Louisiana, relative to House Concurrent
Resolution No. 83 memorializing the Congress of the United
States to take such actions as are necessary to continue the
current United States sugar program in the 2007 Farm Bill; to
the Committee on Agriculture.
82. Also, a memorial of the Senate of the Commonwealth of
Pennsylvania, relative to Senate Resolution No. 115 urging
the President of the United States and the Congress of the
United States to enact legislation to provide additional
funding for ALS research; to the Committee on Education and
Labor.
83. Also, a memorial of the Senate of the Commonwealth of
Pennsylvania, relative to Senate Resolution No. 91 urging the
President of the United States and the Congress of the United
States to fulfill the commitment of the Individuals with
Disabilities Education Act to provide resources equal to
forty percent of the national average per pupil expenditure
for special education students for each Pennsylvania student
with special needs; to the Committee on Education and Labor.
____________________
ADDITIONAL SPONSORS
Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:
H.R. 21: Ms. Castor, Mr. Kildee, Mr. Wexler, and Mr. Kind.
H.R. 241: Mr. English of Pennsylvania and Mr. Jordan.
H.R. 293: Mr. Cummings.
H.R. 435: Ms. Berkley.
H.R. 550: Mr. Paul, Ms. Hirono, Mr. Waxman, Mr. Mario Diaz-
Balart of Florida, Mr. Meehan, Mrs. Maloney of New York, Mrs.
Gillibrand, and Ms. Woolsey.
H.R. 601: Ms. Kaptur.
H.R. 624: Mr. Blumenauer, Mr. Abercrombie, and Ms.
Schakowsky.
H.R. 690: Mr. Everett.
H.R. 695: Mrs. Maloney of New York.
H.R. 715: Mr. Lantos, Mr. Rangel, and Mr. Moran of
Virginia.
H.R. 741: Mr. Honda.
H.R. 767: Mr. Farr.
H.R. 772: Mr. Cohen.
H.R. 777: Mr. Hastings of Florida and Mr. Stark.
H.R. 782: Mr. Tim Murphy of Pennsylvania and Mr. Shuler.
H.R. 822: Mr. Kucinich.
H.R. 873: Mr. Cleaver.
H.R. 954: Mr. Fossella and Mr. Reynolds.
H.R. 971: Mr. Barrow and Mr. Crowley.
H.R. 980: Ms. Moore of Wisconsin, Mr. Scott of Virginia,
Mr. Keller, Mr. Jackson of Illinois, Mr. Neal of
Massachusetts, Mrs. Lowey, Mr. Hunter, Mr. Langevin, Mr.
Becerra, and Mr. Lynch.
H.R. 983: Mr. Baird.
H.R. 989: Mr. Souder.
H.R. 1023: Mr. Space, Mr. Davis of Kentucky, and Mr.
Bilbray.
H.R. 1032: Mr. Salazar.
H.R. 1049: Mr. McCotter.
H.R. 1055: Mr. Meehan.
H.R. 1105: Mr. Snyder.
H.R. 1108: Ms. Kilpatrick.
H.R. 1110: Mr. McDermott.
H.R. 1125: Mr. Pickering, Mr. Herger, Mr. Davis of Alabama,
and Mr. Stearns.
H.R. 1188: Mr. Honda.
H.R. 1192: Mr. Rahall, Mrs. Napolitano, and Mr. Boucher.
H.R. 1224: Mr. Rahall.
H.R. 1245: Mr. Brady of Pennsylvania.
H.R. 1264: Mr. Stupak, and Ms. Velazquez.
H.R. 1302: Mr. Waxman, Mrs. Capps, Mr. Shuler, Ms. Lee, Mr.
Fattah, and Ms. Norton.
H.R. 1418: Mr. Hayes, Mr. Bishop of Georgia, Mr. Capuano,
and Mr. Sessions.
H.R. 1422: Ms. Ginny Brown-Waite of Florida.
H.R. 1428: Mr. Davis of Illinois.
H.R. 1439: Mrs. Capito.
H.R. 1459: Mr. Sali, Mr. Snyder, and Mr. Mollohan.
H.R. 1481: Mr. Brady of Texas and Mr. Forbes.
H.R. 1498: Mr. Honda.
H.R. 1527: Mr. Peterson of Minnesota.
H.R. 1537: Mr. Bilirakis.
H.R. 1589: Mr. Johnson of Georgia, Mr. Calvert, and Mr.
Filner.
[[Page 16294]]
H.R. 1687: Mr. Ryan of Ohio.
H.R. 1707: Mr. Bishop of New York and Mr. Hill.
H.R. 1718: Ms. Watson.
H.R. 1742: Mr. Johnson of Illinois.
H.R. 1748: Mr. Carney, Mr. Porter, Ms. Ros-Lehtinen, Mr.
McGovern, and Mr. Brady of Pennsylvania.
H.R. 1754: Mr. Lampson.
H.R. 1818: Mr. Lewis of Georgia.
H.R. 1823: Ms. Norton, Mr. Jindal, and Ms. Slaughter.
H.R. 1845: Mr. Welch of Vermont, Ms. Ginny Brown-Waite of
Florida, Mr. Souder, Mr. Courtney, Mrs. Blackburn, Mr.
Porter, Mr. Abercrombie, Mr. Altmire, Mr. Rahall, Mr.
Gonzalez, Mr. Boucher, Mr. Carney, Mr. Davis of Kentucky, Ms.
Berkley, and Ms. Sutton.
H.R. 1852: Mr. Etheridge.
H.R. 1876: Mr. Brown of South Carolina and Mrs.
Christensen.
H.R. 1889: Mr. Hinchey.
H.R. 1924: Mr. Boustany.
H.R. 1926: Mr. Cohen and Mr. Brady of Pennsylvania.
H.R. 1938: Mr. Ellison and Mr. Schiff.
H.R. 1969: Mr. Feeney.
H.R. 1971: Mr. Platts.
H.R. 1983: Mr. Rothman and Mr. Braley of Iowa.
H.R. 2003: Mr. Wu.
H.R. 2049: Mr. Levin.
H.R. 2052: Mr. Gordon, Mrs. Capito, Mr. Davis of Illinois,
Mr. Israel, Mrs. Capps, and Mrs. Gillibrand.
H.R. 2060: Mr. Hastings of Florida.
H.R. 2063: Mrs. Capps, Mr. Neal of Massachusetts, and Ms.
DeGette.
H.R. 2108: Mr. Rangel.
H.R. 2116: Mr. Regula and Mr. Carnahan.
H.R. 2129: Mr. Courtney, Mr. Wu, and Mr. Bishop of Georgia.
H.R. 2139: Mr. Jones of North Carolina and Mr. Etheridge.
H.R. 2161: Mr. Tiberi.
H.R. 2165: Mr. Etheridge.
H.R. 2169: Mr. Levin.
H.R. 2183: Mr. Goode, Mr. Lamborn, Mr. Cantor, Mr. Burgess,
and Mr. Souder.
H.R. 2211: Mr. Farr and Mr. Davis of Illinois.
H.R. 2225: Mr. Berman.
H.R. 2234: Ms. Carson, Mr. Bishop of New York, Mr. Kagen,
and Mr. Young of Alaska.
H.R. 2236: Mr. Moran of Virginia.
H.R. 2262: Ms. Jackson-Lee of Texas, Mr. Udall of Colorado,
Mr. Waxman, Mr. Honda, Mrs. Capps, Mr. Gonzalez, and Mr.
Stark.
H.R. 2265: Mr. Payne and Mr. Meeks of New York.
H.R. 2289: Ms. Woolsey and Ms. Lee.
H.R. 2290: Ms. Jackson-Lee of Texas.
H.R. 2298: Ms. Berkley and Mr. Schiff.
H.R. 2303: Mr. Bishop of New York.
H.R. 2304: Mr. Marshall and Mr. Schiff.
H.R. 2327: Mr. Ramstad and Mr. Schiff.
H.R. 2353: Mr. Moran of Virginia, Mrs. Davis of California,
and Mr. Smith of New Jersey.
H.R. 2384: Mr. Holt and Mr. Altmire.
H.R. 2425: Mrs. Capito.
H.R. 2443: Mr. Pastor, Mrs. Blackburn, and Ms. Sutton.
H.R. 2449: Mr. Frank of Massachusetts and Mr. Grijalva.
H.R. 2477: Mr. Platts and Ms. DeLauro.
H.R. 2480: Mr. Kagen.
H.R. 2481: Mr. Kagen.
H.R. 2495: Mr. Goode.
H.R. 2508: Mrs. Musgrave, Mr. Barrett of South Carolina,
and Mrs. Boyda of Kansas.
H.R. 2526: Mr. Nadler.
H.R. 2537: Mrs. Capps, Mrs. McCarthy of New York, Mr.
Saxton, and Mr. Meeks of New York.
H.R. 2539: Mr. Blumenauer.
H.R. 2549: Mr. Kind, Mr. Butterfield, and Mr. Larson of
Connecticut.
H.R. 2566: Mrs. Christensen.
H.R. 2572: Mr. Brady of Pennsylvania, Mr. Hinojosa, and Mr.
Jefferson.
H.R. 2574: Mr. Altmire.
H.R. 2585: Mr. Miller of Florida.
H.R. 2588: Mr. Shimkus.
H.R. 2599: Mr. Hinojosa and Ms. Woolsey.
H.R. 2602: Mr. Kildee, Mr. Conyers, Mr. Camp of Michigan,
Mr. Rogers of Michigan, Mr. Upton, and Mr. McCotter.
H.R. 2611: Mr. LaHood.
H.R. 2612: Mr. Kagen.
H.R. 2621: Mr. Platts.
H.R. 2630: Ms. Zoe Lofgren of California and Mr. Loebsack.
H.R. 2634: Mr. Blumenauer, Mr. Clay, Mr. Hastings of
Florida, Ms. Jackson-Lee of Texas, Mr. Jefferson, Mr.
Grijalva, Mr. Hinchey, Ms. Norton, and Mr. Wu.
H.R. 2677: Mr. Filner, Mr. Jefferson, Mr. Hinojosa, Mr.
Cohen, Mr. Gordon, and Mr. Shays.
H.R. 2693: Ms. Roybal-Allard, Mr. Loebsack, and Mr. Holt.
H.R. 2707: Ms. Woolsey and Mr. Brady of Pennsylvania.
H.R. 2712: Mr. Gallegly.
H.R. 2715: Mr. Inslee and Mr. Van Hollen.
H.R. 2720: Mr. DeFazio.
H.R. 2727: Mr. McCotter and Mr. Pascrell.
H.R. 2729: Mr. Bishop of Georgia and Mr. McNulty.
H.R. 2734: Mrs. Capito, Mr. Platts, Mrs. Musgrave, Mr.
Goode, and Mr. Hunter.
H.R. 2765: Mr. Gerlach, Mr. Altmire, Mr. Holden, and Mr.
Murtha.
H.J. Res. 3: Mr. Rangel, Ms. McCollum of Minnesota, Ms.
Solis, and Mr. Tiahrt.
H.J. Res. 39: Ms. Woolsey.
H.J. Res. 40: Mr. Rodriguez.
H. Con. Res. 24: Ms. Norton.
H. Con. Res. 75: Mr. Hill.
H. Con. Res. 81: Mr. Brady of Pennsylvania.
H. Con. Res. 108: Mr. McCotter, Ms. Zoe Lofgren of
California, and Mr. Conyers.
H. Con. Res. 120: Mr. Simpson.
H. Con. Res. 122: Ms. Woolsey.
H. Con. Res. 147: Mrs. Capps, Mrs. McMorris Rodgers, and
Mr. Faleomavaega.
H. Con. Res. 162: Mr. Kagen, Mr. Donnelly, Mr. Delahunt,
Mr. Loebsack, and Ms. Giffords.
H. Res. 111: Mr. Taylor, Mr. Bishop of Georgia, and Mrs.
Bono.
H. Res. 121: Mr. Al Green of Texas and Mr. Faleomavaega.
H. Res. 143: Mr. Baird, Mr. Allen, and Mr. Hill.
H. Res. 145: Mrs. Napolitano, Mr. Salazar, Mr. Capuano, Mr.
Cardoza, Mr. Filner, Mr. Hinchey, Mr. Lewis of Georgia, Ms.
Watson, and Ms. Eshoo.
H. Res. 146: Mr. Brady of Pennsylvania.
H. Res. 238: Mr. Blumenauer, Mr. Grijalva, Mr. Payne, Mr.
Berman, Mr. Engel, Mr. McGovern, Ms. McCollum of Minnesota,
and Mr. Stark.
H. Res. 241: Mr. McDermott, Mr. Brady of Pennsylvania, Ms.
Kilpatrick, and Ms. Norton.
H. Res. 282: Mr. Hall of New York and Mr. Levin.
H. Res. 358: Mr. Poe, Mr. Brady of Pennsylvania, Ms.
Sutton, and Mr. Neugebauer.
H. Res. 415: Ms. Matsui.
H. Res. 426: Mrs. Jo Ann Davis of Virginia.
H. Res. 442: Mr. Udall of Colorado.
H. Res. 447: Mr. Honda.
H. Res. 467: Mr. Kagen, Mr. Ferguson, and Mr. Allen.
H. Res. 477: Mr. Ellison.
H. Res. 482: Mr. McNulty, Mr. Ackerman, Mr. McHugh, and Mr.
Wilson of South Carolina.
____________________
AMENDMENTS
Under clause 8 of rule XVIII, proposed amendments were submitted as
follows:
H.R. 2641
Offered By: Mr. Westmoreland
Amendment No. 28: Page 2, line 18, after the dollar amount,
insert ``(reduced by $30,000,000)''.
H.R. 2641
Offered By: Mr. Porter
Amendment No. 29: Page 21, strike line 22 and all that
follows through page 24, line 9.
H.R. 2641
Offered By: Mr. King of Iowa
Amendment No. 30: At the end of the bill (before the short
title), insert the following:
Sec. __. Appropriations made in this Act are hereby reduced
in the amount of $1,130,000,000.
H.R. 2641
Offered By: Mr. King of Iowa
Amendment No. 31: At the end of the bill (before the short
title), insert the following:
Sec. __. Each amount appropriated or otherwise made
available by this Act that is not required to be appropriated
or otherwise made available by a provision of law is hereby
reduced by 3.5 percent.
H.R. 2641
Offered By: Mr. Tom Davis of Virginia
Amendment No. 32: At the end of the bill, before the short
title, insert the following new section:
Sec. 503. Of the amount made available for electricity
delivery and energy reliability activities of the Department
of Energy, $2,000,000 shall be for carrying out the
authorities provided in section 646(g) of the Department of
Energy Organization Act (42 U.S.C. 7256).
H.R. 2641
Offered By: Mr. Tom Davis of Virginia
Amendment No. 33: Page 17, line 3, insert ``, of which
$2,000,000 shall be used to study the feasibility of
establishing Energy-Advanced Research Project Agency to
target acceleration of energy-related research; development
of resultant techniques, processes, and technologies, and
related testing and evaluation; and demonstration and
commercial application of promising technologies and research
applications'' after ``until expended''.
H.R. 2641
Offered By: Mr. Stearns
Amendment No. 34: Page 17, line 14, after the dollar amount
insert ``(reduced by $20,000,000)(increased by
$20,000,000)''.
H.R. 2764
Offered By: Mr. Weiner
Amendment No. 2: At the end of the bill (before the short
title), insert the following:
PROHIBITION AGAINST ASSISTANCE TO SAUDI ARABIA
Sec. __. None of the funds appropriated or otherwise made
available pursuant to this Act--
(1) shall be obligated or expended to finance any
assistance to Saudi Arabia; or
(2) shall be used to execute a waiver of section 571 or 614
of the Foreign Assistance Act
[[Page 16295]]
of 1961 (22 U.S.C. 2349aa or 2364) with regard to assistance
to Saudi Arabia.
H.R. 2764
Offered By: Ms. Moore of Wisconsin
Amendment No. 3: In section 620 of the bill (relating to
special notification requirements), strike ``Liberia,''.
H.R. 2764
Offered By: Mr. Gingrey
Amendment No. 4: At the end of the bill, before the short
title, insert the following new section:
Sec. __. None of the funds made available in this Act may
be used for negotiating the participation of additional
countries under the visa waiver program described in section
217 of the Immigration and Nationality Act (8 U.S.C. 1187).
H.R. 2764
Offered By: Mr. Weiner
Amendment No. 5: In section 699 of the bill (relating to
assistance for Egypt), strike ``until the Secretary of
State'' and all that follows and insert a period.
H.R. 2764
Offered By: Mr. Conaway
Amendment No. 6: At the end of the bill (before the short
title), insert the following:
DEFICIT REDUCTION
Sec. __. It is the sense of the House of Representatives
that any reduction in the amount appropriated by this Act
achieved as a result of amendments adopted by the House
should be dedicated to deficit reduction.
H.R. 2764
Offered By: Mr. McGovern
Amendment No. 7: At the end of the bill (before the short
title), insert the following new section:
LIMITATION ON ASSISTANCE FOR THE WESTERN HEMISPHERE INSTITUTE FOR
SECURITY COOPERATION
Sec. 6xx. None of the funds made available in this Act may
be used for programs at the Western Hemisphere Institute for
Security Cooperation located at Fort Benning, Georgia.
H.R. 2764
Offered By: Mrs. Musgrave
Amendment No. 8: At the end of the bill (before the short
title), insert the following new section:
Sec. 700. Each amount appropriated or otherwise made
available by this Act that is not required to be appropriated
or otherwise made available by a provision of law is hereby
reduced by 0.5 percent.
H.R. 2764
Offered By: Ms. Ros-Lehtinen
Amendment No. 9: Page 72, line 5, after the dollar amount,
insert the following: ``(increased by $24,000,000) (reduced
by $34,700,000)''.
H.R. 2764
Offered By: Mr. Tancredo
Amendment No. 10: At the end of the bill (before the short
title), insert the following new section:
LIMITATION ON USE OF FUNDS RELATING TO RESTRICTIONS ON RELATIONS WITH
TAIWAN
Sec. 6xx. None of the funds made available in this Act may
be used to enforce any of the provisions in the Memorandum to
all Department and Agency Executive Secretaries dated,
February 2, 2001, and entitled ``Guidelines on Relations With
Taiwan''.
H.R. 2764
Offered By: Mr. Tancredo
Amendment No. 11: At the end of the bill, before the short
title, insert the following new section:
Sec. __. None of the funds made available in this Act may
be used to carry out the diversity visa program under section
203(c) of the Immigration and Nationality Act (8 U.S.C.
1153(c)).
H.R. 2764
Offered By: Mr. Tancredo
Amendment No. 12: At the end of the bill, before the short
title, insert the following new section:
Sec. __. None of the funds made available in this Act may
be expended in violation of section 243(d) of the Immigration
and Nationality Act (8 U.S.C. 1253(d)) (relating to
discontinuing granting visas to nationals of countries
denying or delaying accepting aliens removed from the United
States).
H.R. 2764
Offered By: Mr. Weiner
Amendment No. 13: At the end of the bill (before the short
title), insert the following:
Sec. __. None of the funds made available in this Act may
be used to provide assistance for the West Bank and Gaza. The
limitation on assistance under this section shall not apply
with respect to humanitarian assistance, including assistance
to the United Nations Relief and Works Agency for Palestine
Refugees in the Near East (UNRWA).
H.R. 2764
Offered By: Mr. Weiner
Amendment No. 14: At the end of the bill (before the short
title), insert the following new section:
LIMITATION ON ASSISTANCE FOR THE WEST BANK AND GAZA
Sec. 6xx. None of the funds appropriated under titles II
through V of this Act may be obligated or expended to provide
any assistance for the West Bank and Gaza.
H.R. 2764
Offered By: Mr. Wolf
Amendment No. 15: Page 2, line 22, after the dollar amount,
insert ``(reduced by $108,000,000)''.
Page 9, line 23, after the dollar amount, insert ``(reduced
by $50,000,000)''.
Page 40, line 26, after the dollar amount, insert
``(increased by $140,000,000)''.
Page 58, line 18, after the dollar amount, insert
``(increased by $16,000,000)''.
Page 63, line 23, after the dollar amount, insert
``(increased by $2,000,000)''.
H.R. 2764
Offered By: Mr. Garrett of New Jersey
Amendment No. 16: Page 10, line 17, insert before the
semicolon the following: ``, including the prosecution in
their home countries of such individuals in connection with
such acts''.
H.R. 2764
Offered By: Mr. Blumenauer
Amendment No. 17: At the end of the bill (before the short
title), insert the following:
Sec. __. (a) Limitation on Use of Funds.--Of the funds
appropriated in this Act under the heading ``Foreign Military
Financing Program'', not more than $250,000,000 may be made
available for Pakistan.
(b) Corresponding Transfer of Funds.--The amounts otherwise
provided by this Act are revised by increasing the amount
made available for ``United States Emergency Refugee and
Migration Assistance Fund'', and reducing the amount made
available for ``Foreign Military Financing Program'', by
$50,000,000.
H.R. 2764
Offered By: Mr. Hensarling
Amendment No. 18: Page 5, line 20, after the dollar amount,
insert ``(reduced by $55,729,000)''.
H.R. 2764
Offered By: Mr. Hensarling
Amendment No. 19: Page 52, line 7, after the dollar amount,
insert ``(reduced by $1,203,480,000)''.
H.R. 2764
Offered By: Mr. Hensarling
Amendment No. 20: Page 8, line 11, after the dollar amount,
insert ``(reduced by $203,082,000)''.
H.R. 2764
Offered By: Mr. Hensarling
Amendment No. 21: Page 50, line 9, after the dollar amount,
insert ``(reduced by $13,860,000)''.
H.R. 2764
Offered By: Mr. Hensarling
Amendment No. 22: Page 70, line 24, after the dollar
amount, insert ``(reduced by $27,563,000)''.
H.R. 2764
Offered By: Mr. Hensarling
Amendment No. 23: Page 50, line 20, after the dollar
amount, insert ``(reduced by $47,700,000)''.
H.R. 2764
Offered By: Mr. Hensarling
Amendment No. 24: Page 9, line 17, after the dollar amount,
insert ``(reduced by $195,000,000)''.
H.R. 2764
Offered By: Mr. Hensarling
Amendment No. 25: At the end of the bill (before the short
title), insert the following:
None of the funds in this act may be used to provide
engineering services to water and sanitation programs in
India, to enhance its relationship with the University of
Belgrade and to enhance its relationship with the Mongolia
University of Science and Technology.
H.R. 2764
Offered By: Mr. Jordan
Amendment No. 26: At the end of the bill (before the short
title), insert the following:
Sec. __. Appropriations made in this Act are hereby reduced
in the amount of $2,956,000,000.
H.R. 2764
Offered By: Ms. Herseth Sandlin
Amendment No. 27: At the end of the bill, before the short
title, insert the following new section:
Sec. __. None of the funds made available in this Act may
be used to carry out the diversity visa program under
sections 201(e), 203(c), or 204(a)(1)(I) of the Immigration
and Nationality Act (8 U.S.C. 1151(e), 1153(c), and
1154(a)(1)(I)).
[[Page 16296]]
SENATE--Tuesday, June 19, 2007
The Senate met at 10 a.m. and was called to order by the Honorable
Mary L. Landrieu, a Senator from the State of Louisiana.
______
prayer
The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Eternal Father, the heavens proclaim Your glory, and the skies
display Your craftsmanship. We thank You today for those who positively
touch our lives. Thank You for mothers and fathers who make good homes
and guide us to ethical maturity. Thank You for friends who help to
make life beautiful as they inspire us to show great love. Thank You
also for loved ones who through personal sacrifices have given us a
great heritage. Thank You for our Senators who labor diligently to keep
our country strong. May the words they speak this day and the thoughts
they think be pleasing to you, Oh, Lord, our Rock, and our Redeemer.
Amen.
____________________
PLEDGE OF ALLEGIANCE
The Honorable Mary L. Landrieu, a Senator from the State of
Louisiana, led the Pledge of Allegiance, as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE
The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Byrd).
The assistant legislative clerk read the following letter:
U.S. Senate,
President pro tempore,
Washington, DC, June 19, 2007.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Mary L. Landrieu, a Senator from the State of Louisiana, to
perform the duties of the Chair.
Robert C. Byrd,
President pro tempore.
Ms. LANDRIEU thereupon assumed the chair as Acting President pro
tempore.
____________________
RECOGNITION OF THE MAJORITY LEADER
The ACTING PRESIDENT pro tempore. The majority leader is recognized.
____________________
SCHEDULE
Mr. REID. Madam President, this morning the Senate will be in a
period of morning business for an hour, the time equally divided and
controlled between the two leaders. Republicans will control the first
half and the majority controls the final 30 minutes.
The reason we did not go immediately to the bill at this time is
there is a very important markup taking place in the Finance Committee
dealing with the Energy bill, particularly the tax portions of the
Energy bill. It is my understanding that Senators Boxer and Grassley,
with other members of the committee, have worked out a bipartisan
measure they will bring to the floor as an amendment in the immediate
future and it will be done today.
Once morning business closes, the Senate will then immediately resume
consideration of the Energy bill about which I referred. Under our
order of yesterday, the Senate will debate the Bunning and Tester
amendments for a total of 2\1/2\ hours.
order of procedure
I ask unanimous consent that the time for debate for these two
amendments this morning be equally divided and controlled as previously
ordered until 1 p.m., and that the Senate then recess until 2:15; that
at 2:15, the remaining debate time also be equally divided and
controlled, with the other provisions of the previous order remaining
in effect.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. REID. The agreement just entered now delays the conference recess
period until 1 p.m. Following disposition of those two amendments this
afternoon, the Senate will then debate three more amendments with the
total debate time up to 90 minutes. Votes on these amendments will
occur upon the use or yielding back of that time, so Members should
expect two votes around 3 to 3:15, and then three more votes around
5:30.
I have conferred in detail with the distinguished Republican leader
going over the schedule. I have told Democratic Senators, and I will
repeat this at the caucus, we have a lot to accomplish before this work
period ends. We have to complete the energy legislation, we have to
complete work on the immigration bill, and we have to start defense
authorization in some manner, recognizing that we will not have a lot
of time on that.
It is up to the individual Senators as to how much time we take. If
all time is used--as I said, I have gone over this in detail with the
Republican leader and our staffs--we will not be able to finish until
Saturday, a week from this Saturday, sometime in the evening. That
would mean we would have to be in session this weekend. Maybe we have
some people who may not object to one or two things. That being the
case, we may not have to be in on Sunday this week. But everyone should
understand, we have a lot of important votes. We have people running
for President on both sides of the aisle. They should plan on being
here, because their votes could make the difference. The energy
legislation is extremely important. There are three issues that are the
main focus of this legislation, by the business community, the
environmental community, and the press. That is coal to liquids--that
matter is going to be resolved this afternoon, hopefully; CAFE, which
hopefully will be resolved in the next 24 hours; and then we have the
renewable portfolio standards we are always working on. We hope we can
get that done in some manner. There are other important amendments, but
I mentioned the top three. We have what we have to complete prior to
the July 4 recess. It is up to us how much time we take. If we happen
to finish this conglomeration of legislation earlier, it would be to
the good of the order, but if we aren't able to do that, we are going
to have to stay here, which would be sometime Saturday evening.
____________________
MEASURE PLACED ON THE CALENDAR--S. 1639
Mr. REID. Madam President, I understand that S. 1639 is at the desk
and is due for a second reading.
The ACTING PRESIDENT pro tempore. The clerk will report the bill by
title.
The assistant legislative clerk read as follows:
A bill (S. 1639) to provide for comprehensive immigration
reform and for other purposes.
Mr. REID. I would object to further proceedings at this time.
The ACTING PRESIDENT pro tempore. Objection is heard. Under rule XIV,
the bill will be placed on the calendar.
____________________
RESERVATION OF LEADER TIME
The ACTING PRESIDENT pro tempore. Under the previous order, the
leadership time is reserved.
[[Page 16297]]
____________________
MORNING BUSINESS
The ACTING PRESIDENT pro tempore. Under the previous order, there
will now be a period for the transaction of morning business for 60
minutes, with Senators permitted to speak up to 10 minutes each, with
the time equally divided and controlled by the two leaders or their
designees, with the first half of the time under the control of the
Republican leader or his designee, and the second half of the hour
controlled by the majority leader or his designee.
Who seeks recognition?
The Senator from Georgia.
____________________
EMPLOYEE FREE CHOICE ACT
Mr. ISAKSON. Madam President, it is my understanding that at some
point in time in the near future we will have a bill brought to the
floor known as the Employee Free Choice Act. I thought this morning I
would take a few minutes to discuss the Employee Free Choice Act, what
I think it means, why I think it is here, but why we are where we are
today in America in terms of labor and management relations.
At the beginning of the last century, the Industrial Revolution began
in full force. As a byproduct of it, America went to a manufacturing
society, a creative society. Business flourished--textiles, automobile
production, manufacturing of all types.
Out of that came huge employment opportunities. Out of it came large
companies, and out of it, unfortunately, came abuse of workers. In the
1920s it became obvious something had to be done. In 1935, this
Congress and the President then signed the Wagner Act, which created
the National Labor Relations Board, and for 72 years since then, our
country has flourished under the rules and regulations of the National
Labor Relations Board, and addressing the rights of workers.
It also created the opportunity for workers to join together, to
unionize, to collectively bargain, and to negotiate. It has served
America well. What has happened over those 72 years is the creation of
a plethora of worker benefit programs backed by the U.S. Government.
Prior to 1935, there was little if any federal worker protection laws.
Out of that grew the demand for organization and ultimately unions, and
out of that came the Wagner Act. Since then have come the following:
OSHA, the Occupational Safety and Health Administration; the National
Labor Relations Board; the Equal Employment Opportunity Commission; a
new minimum wage, recently raised on the signature of the President
here; the adverse effect wage rate, to protect those who come to this
country and work as immigrants, to ensure they are not taken advantage
of; workers compensation, a universal plan to make sure that workers in
high-risk jobs have compensation for injuries they incur in the
workplace; not to mention the Mine Safety & Health Administration, the
Nuclear Regulatory Commission, and literally hundreds of agencies in
the American Government today, created since 1935, for the protection
of workers. Those all came about because workers deserved that
protection in terms of their health, their safety, their compensation,
and other benefits that arise.
Now, why did those laws come to pass? They came to pass because the
union movement began to organize businesses and got management's
attention, and management responded, and where it did not, the
Government responded.
Now, how did the union system work under the Wagner Act? It was very
simple. It said: If 30 percent of the employees of a company decide
they want to sign off on a card saying they want a vote as to whether
that company should unionize, they get the chance to have that vote,
that vote, as sought by labor, and as was demanded in fact by the
organizers, a secret ballot. It was a secret ballot because, in large
measure, workers did not trust management. They thought company
ownership would intimidate a worker, threaten a worker, try and
prohibit them from making their own free choice, so they insisted on
the secret ballot, just as our Founding Fathers did, and just as we
today protect the secret ballot for those who vote for or against us,
and for or against amendments to our Constitution or any referendum
that comes before them.
So the secret ballot allowed brave people to vote, in privacy, as to
whether they wanted to be organized. If they were organized, if they
voted 50 percent plus one to organize, they could form a union. If they
formed that union, they then had the right to collectively bargain, use
the strength of their numbers with management, negotiate contracts to
protect themselves and their interests, and bargain for benefits.
That is not a bad system. It is a neutral system. It is a fair
system. When you got the 30-percent signatures, you then had a neutral
system where management had the opportunity to tell you all the reasons
why they were going to be better and you did not need to organize; and
labor had all the opportunity they needed to tell you why not to
believe that and that you needed to organize.
Out of that came a vote, a private vote, a secret ballot vote. If 50
percent plus one voted for it, the union got to organize.
Now, what does the Employee Free Choice Act say? It says: Well, you
are no longer going to have the opportunity of avoiding intimidation
because we are going to take away the secret ballot. We are going to
say: If union leaders decide they want to come in and organize a
company that is not unionized, they can get 50 percent plus one to sign
off on a card chit and you have a union. There is no vote. There is
just the card sign-off, but it is not signed off in secret. You no
longer have the neutrality to have the opportunity of management
getting the chance to make its case. You have a negative environment of
worker against company and, worst of all, as I read the legislation, as
I understand it, it would then say: The first contract with the company
is not negotiated, it is written by Federal mediators.
Give me a break. We are going from a system that has improved America
to the safest, most productive, most opportunistic country in the
world, where we have no child labor, we have minimum wages, we have
hourly standards, we have worker protections, we have overtime, we have
comp time, we have OSHA, we have regulatory commissions of every type
to ensure, and we have good union management relationships in most
places in this country.
Why is this before us? It is before us because there has been a
decline in union membership. It is before us because the problems that
gave way to the union movement have been solved in large measure, and
we have responded with the laws necessary to protect people and their
rights regardless of age or sex or disability. We have done that.
But the union movement has not changed with the times. There are
exceptions. There are many great relationships today. One of them is
SMACNA, the Sheet Metal and Air Conditioning Contractors' National
Association. I happen to know a little bit about these folks because of
my work in development and construction. They have a partnership with
their union. It is not an adversarial relationship. They have taken
advantage of the Wagner Act.
We must preserve a system that protects workers. Ours is a neutral
system, a level playing field for those who wished to be organized and
those who wished for organization not to take place. They have a level
platform.
I don't know why it is coming to the floor. I don't know why it is
not going through the committee system. I don't know why it is going to
be a quick 1-day vote, which is my understanding of the way it will be.
I will stake my claim on 72 years of success under the Wagner Act,
under the right to protect and continue to protect the secret ballot,
and of my desire to see to it that we honor those things we have
created in response to the bad things that happened in the early part
of the 20th century. Why change a good thing? Yes, we have a decline
now in the union movement. Buy why do you all of a sudden create
[[Page 16298]]
a situation of intimidation, an unbalanced situation, an uneven playing
field, all for the sake of trying to save a movement that won't save
itself?
I submit there is today, has been in the past, and will be in the
future a viable place for the collective bargaining of workers and for
unions but not if it is an unlevel playing field, not if the company
and management don't have the same equal rights as do those workers,
and not, most importantly, if those workers don't have protection of
the secret ballot.
As I understand it, the vast majority, over 70 percent of union
members, like the secret ballot. Over 70 percent of Republicans and
Democrats--far more than that--like the secret ballot and think card
check is crazy. To date, the only thing I have seen endorsing card
check in print was the 2005 Communist Party convention in the United
States which endorsed card check and the Employee Free Choice Act. Give
me a break. This is one time where we ought to ratify what is right
with America, ratify the success we have had in the past, honor the
ills we corrected, honor the employees who make America work, continue
to see to it that the employees do have a free choice, a private
choice, a secret ballot, and continue to work in the greatest country
on the face of this Earth with the greatest worker protection of any
nation in the world.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Utah.
Mr. HATCH. Madam President, later today a great injustice is going to
be hoisted upon the American people, and a great shame about this
injustice is that a great many Americans won't even hear about it. If
our friends on the other side--if their plans hold, later today they
will call up H.R. 800, the horribly misnamed Employee Free Choice Act,
which would deny workers all over this great country their right to
cast a private ballot when choosing whether to join a union. I find it
pathetic that at a time when our Nation is at war, every day additional
illegal immigrants enter our borders, and energy prices are at their
peak, our friends on the other side are turning away from the important
business the American people sent us here to do and are instead
insisting on spending the next couple of days paying back their union
cronies.
If I am not mistaken, I recall reading that the energy package is the
``second highest legislative priority'' for our friends on the other
side in the Senate. I guess that means that because we are interrupting
that ``high'' priority, paying back the unions must be their very first
priority.
Much has already been said about the denial of a National Labor
Relations Board-supervised and protected secret ballot election, a
private vote on whether employees want to be represented by a union. It
seems to me that the Democrats' and the unions' real objection to
private ballot elections is not the form of vote, a secret ballot
versus card check; their real objection is ever since the 1947 Taft-
Hartley amendments, the law allows employers to communicate with their
employees about union organization. What unions really want is to
silence the employer during a union organizing campaign through a card
check process. Then the union would be able to persuade or even
intimidate the employees so the union can be certified based on a card
check as soon as the union gets to a majority, no matter how ephemeral
that support really is.
What that means is that if the union gets 50 percent plus one talking
to the employees, then that company automatically becomes unionized
without a secret ballot election. But it is even worse than that. The
way they have drafted this bill, it will lead to mandatory arbitration,
which will result in the Government setting the terms and conditions of
employment, even pension plans. That is even worse than the card check
aspect, which is about as bad as it gets. The real key for the unions
is that the process be within the union's control and before the
employer has an opportunity to communicate with the employees. In
effect, the unions want to force employer neutrality based on the
employer's inability to respond to a union organizing campaign.
How quick must the quick certification process be to satisfy unions?
NLRB statistics reveal that in 2006, 94.2 percent of all initial
representation elections were conducted within 56 days of the filing of
the petition with the NLRB and that the median time was 39 days.
Apparently for union organizers, a little over a month is too long for
them to maintain majority support, although it is important to note
that under the current secret ballot election procedures, unions still
win about 60 percent of all elections. That is fine as long as there is
a balance in these programs, as long as both sides are treated fairly.
Also union authorization cards make it virtually impossible for
employees to change their minds, which can happen in the privacy of the
voting booth. Revoking a signed union authorization card is virtually
impossible today, when cards are used to trigger NLRB-supervised
elections. You can imagine how hard it would be for an employee to
revoke a signed card under a card check process.
The U.S. Supreme Court has said that union authorization cards are
``inherently unreliable'' indicators of employee support. Even unions
themselves have stated that union authorization cards are less reliable
than NLRB-protected private ballot elections. But the real reason
unions seek card check is not because it is more reliable but because
it can be controlled entirely by the union before the employer can
address the union campaign propaganda. What that really means is that
employees will be denied an informed choice.
Under current law, to convince employees to vote for a union, the
union may use the pressures of the employee polls and interrogation.
Unions may make predictions. They may promise benefits, whether
achievable or not, and they may make false statements about the
employer. It may well be that the labor leaders have never been able to
negotiate the wages and benefits they promise will result from the
formation of a new union. It may be that the union, in fact, has
negotiated contracts with other employers in the same industry and
geographic area that are less generous than the employees currently
receive at the location being organized. The union's claims about the
employer's safety record, its compliance with employment laws, its
business practices, its executive compensation, its future business
plans, and so forth are grossly exaggerated. If we silence employers,
who is going to inform the employees of these facts? Certainly not the
union.
Of course, employees may know well that in general their employer
would prefer not deal with a union, but if, as a result of card check,
employers are prevented from responding to a union's campaign
misstatements, who will?
That is not a license for an employer to threaten, intimidate, or
coerce employees during an organizing campaign. Under current law,
employers are not permitted to threaten, coerce, or promise new
benefits or threaten withdrawal of existing benefits. But under current
law, the employer can respond factually to the campaign-puffing of the
union so that the choice made by the employees is an informed choice.
Through a quickie card check process, that ability will effectively be
denied.
So let's be clear: When down the road the union lobby offers to
compromise by preserving secret ballot elections supported by a
majority, even a supermajority, of signed union authorization cards but
only where such secret ballot elections are conducted by the NLRB in a
week or two from the date the union files an election petition, it will
be no compromise. There are still a few of us around who remember the
quickie election provision of the so-called labor law reform bill in
1977 and 1978. The unions then, just as today, were seeking to in
effect silence employers during union organizing campaigns. Today, they
are seeking that result by denying workers secret ballot elections. If
they thought they could get away with it, unions would have Congress
repeal employer free speech rights entirely.
[[Page 16299]]
Denial of employee secret ballot elections and denial of free speech
vital to ensure an informed choice doesn't sound very much like
employee free choice to me. It sure doesn't sound very democratic with
a small ``d'' or even a large ``D.'' That is only part of it. If you
get into the mandatory arbitration that will inevitably occur because
they won't be able to negotiate, in fairness, union contracts, you are
going to have the wonderful people here in the Federal Government
telling not only the unions but especially the businesses what they can
and cannot do. They will set the terms and conditions of employment by
mandatory arbitration and, in the end, they will also basically
determine things such as pension plans. This isn't right.
We believe in secret ballot elections in this country. We believe in
fair processes. As I have said, the process works pretty well because
unions win 60 percent of these elections. When they win fairly, that is
the right thing. That may be a good thing. The fact is, under this
bill, it stacks the whole labor process in favor of one side--the
unions--and takes away the rights of employers to be able to inform
their employees of the truth if there are misrepresentations by the
union and, even if there aren't, to inform their employees how much
better off they may be without a union so that they can make truly an
informed choice. There are decent provisions in the labor laws that
permit a reasonable, decent, honorable process.
What really interests me is that the trade union movement is
demanding a secret ballot election process in other countries. Why
would they demand it in other countries and yet deny it here for both
employers and employees in these very important decisions that have to
be made by employees under our current very fair laws?
Right now, the balance is a little bit in favor of unions. That is
maybe as it should be. But at least it is a balance. Both sides have
basically an equal chance of keeping unions, accepting unions, or
denying unions.
Frankly, one of the reasons my friends in the trade union movement
want this type of an unfair process is because they have been losing
members. It is easy to see why. We are on an energy bill right now that
may be the death knell of our automobile industry if we don't handle it
exactly right. The fact is, we could lose the American automobile
industry, run by Ford, General Motors, and Chrysler, if we don't handle
it properly. We will go to foreign-made cars. That would be disastrous,
in my opinion. But part of the reason is the unions have negotiated
contracts that are so expensive that a lot of the companies just can't
produce the high-quality cars at reasonable prices that they used to be
able to do.
There are good reasons for unionization. I am one of the few people
here who actually held an AFL-CIO union card. I came up through the
trade union movement, learned a trade through a formal apprenticeship,
became a journeyman, a skilled tradesman. I believe in unions. I
believe in a fair collective bargaining process. But it ought to be
fair. One of the ways you make it fair is by having secret ballot
elections. In this particular case, this hoax which is going to be
brought up on the floor and done in a very quickie way is not the way
to go.
I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant 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. Tester). Without objection, it is so
ordered.
____________________
OUR NUCLEAR DETERRENT
Mr. DOMENICI. Mr. President, for more than six decades, the bedrock
of American national security has been a strong, reliable, and cutting-
edge nuclear deterrent. Literally thousands of the best scientists and
engineers in the world have dedicated themselves to ending World War
II, winning the Cold War, and protecting the free world.
Each year, the Directors of the three national nuclear weapons
laboratories must certify to the President, and through him to the rest
of the United States, that our nuclear weapons systems are reliable.
That certification process assures Americans, and warns our
adversaries, that the Nation's nuclear stockpile will be able to
continue to perform its basic mission--prevention of a nuclear weapons
exchange.
During these six decades, discussion of the nature and size of our
nuclear deterrent has been literally constant. Each year, hundreds of
scientists, engineers, and global strategists devote innumerable hours
and days to intense discussions of the proper strategy for the Nation
and the proper nuclear stockpile to implement that strategy.
Each year, Presidents have recommendations based upon the work of
specialists inside and outside the Federal Government. Since the end of
physical testing of our nuclear weapons stockpile--a big event; and, in
fact, a major event in American nuclear weapons evolution, the idea we
would no longer test our weapons--America has relied on a concept
called stockpile stewardship to try to keep our nuclear weapons
resources certifiably reliable.
This Nation has already embarked upon, and through three different
Presidents has reaffirmed, a commitment to physical testing-free
testing that has cost billions of dollars. Our strategy has been
simple: the most reliable weapons without physical testing, upgraded as
strategy dictates.
At the same time, the United States has embarked on a major reduction
in the size of our stockpile and in the nuclear stores of other
nations. We have done this through programs this Senator has supported
and authored during the past 20 years. I salute Senator Richard Lugar,
my colleague from Indiana, and former Senator Sam Nunn of Georgia, for
their groundbreaking work in forging these programs, and I am proud I
have been able to work with them in these critical efforts.
Because of these initiatives--the Nunn-Lugar, Nunn-Lugar-Domenici,
the Nuclear Cities Initiative, the Global Initiative for Proliferation
Prevention, the Nuclear Nonproliferation Research and Development
Program, and others--our world is safer.
In total, under Nunn-Lugar, we have deactivated 6,982 warheads, 644
ICBMs, 485 ICBM silos, 100 mobile ICBM launchers, 155 bombers, 906 air-
launched cruise missiles, 436 submarine-launched ballistic missile
launchers, 611 submarine-launched ballistic missiles, 30 strategic
missile submarines, and 194 nuclear test tunnels. Indeed, nine more
warheads were deactivated in the last month.
We have offered thousands of Russian nuclear scientists alternative
pay and occupations, in hopes they will be less susceptible to
blandishments from other parties. We are sharing nonproliferation
efforts with other nations beyond the former Soviet Union states.
In more stark terms, under the Washington-Moscow Treaty, ratified by
the Senate and signed by the President, we will have in our nuclear
stockpile, by 2013, fewer weapons than at any time since the era of
President Eisenhower. We will have fewer nuclear weapons than we had,
in other words, before the Cold War began in earnest.
So this two-pronged approach--international cooperation against
proliferation and for elimination of weapons, coupled with the
inception of Science-Based Stockpile Stewardship--has been America's
strong response to the need to reduce the danger of both nuclear weapon
stockpiles and physical nuclear testing.
Almost a decade ago, in a speech at Harvard University, I outlined
what I called a new nuclear paradigm. That paradigm envisioned, among
other things, a cut in American nuclear weapons to what I then called a
threat-based nuclear stockpile; that is, a stockpile commensurate with
the anticipated international threat to our Nation.
Critical to that concept was, and remains, the principle of
reliability and the continuous battle against degradation of our
present stockpile. No serious expert advocated simply keeping the very
same physical weapons we had
[[Page 16300]]
20 or 25 years ago, with no upgrading or improvements. At some point,
the degradation of components in those weapons would mean the
certification necessary from the three weapons labs Directors to the
President could not be honestly made.
In short, without upgrades and continuous nonphysical monitoring, our
nuclear weapons deterrence could be put in serious doubt. Yet at this
very time, the youngest nuclear weapons designs in our arsenal are 20
to 25 years old. Age-related component degradation could impact several
different systems at the same time, calling into question reliability.
For the past several years, this Senate has supported, on a
bipartisan basis, spending the money necessary to protect our stockpile
from degradation. At the same time, we have recognized some of our
systems are too complicated, pose risks to workers, and need
substantial upgrading.
This background brings me to the present Energy and Water Development
Appropriations bill for fiscal year 2008 proposed by the House
Appropriations Committee and scheduled for House floor action this
week.
That bill, if enacted without substantial change, would send American
nuclear deterrence strategy in a new, unknown, direction. Think about
that. More than 20 years of intensive study, by some of the best minds
in the world, could begin to be overturned by enactment of a single
appropriations bill. The new direction wouldn't be enacted as the
result of 3 to 4 years of intensive study and hearings by all of the
relevant committees of Congress. It wouldn't result from a convocation
of the best minds at our disposal. It wouldn't result from the kind of
pain-staking analysis of future risks that any prudent American would
demand from its government. No, that new path would begin by a single
appropriations bill, devised by a small group with the best of
intentions, but far from public view and analysis. In that regard, I
ask unanimous consent that an article from the Washington Post,
``Congress seeks new direction for Nuclear Strategy,'' by Walter
Pincus, be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Washington Post, June 18, 2007]
Congress Seeks New Direction for Nuclear Strategy
(By Walter Pincus)
Congress is moving to change the direction of the Bush
administration's nuclear weapons program by demanding the
development of a comprehensive post-Sept. 11, 2001 nuclear
strategy before it approves funding a new generation of
warheads.
``Currently there exists no convincing rationale for
maintaining the large number of existing Cold War nuclear
weapons, much less producing additional warheads,'' the House
Appropriations Committee said in its report, released last
week, on the fiscal 2008 Energy and Water Development
Appropriations Bill. The full House is expected to vote on
the measure this week.
The Bush administration had sought $88 million for the
Reliable Replacement Warhead program next year so that cost
and engineering studies could be completed and a decision
could be reached on congressional approval to build the first
RRW model, with the first new warheads ready by 2012.
The House already passed the fiscal 2008 Defense
Authorization Bill, which reduced RRW funding and called for
development of a new nuclear weapons strategy before steps
are taken to produce new warheads.
While the Senate has yet to act on the authorization or
appropriations measure, the Senate Armed Services and
Appropriations committees are expected to follow the House's
example by reducing proposed RRW spending and demanding
development of a new nuclear weapons policy.
Rep, Ellen O. Tauscher (D-Calif.), chairman of the House
Armed Services subcommittee that handles strategic weapons,
said in an interview last week that she expects that the
question of future U.S. nuclear weapons policy will be passed
to the next administration, since the Bush White House is
preoccupied with other subjects.
The House appropriations bill eliminates RRW funding and
directs the Energy and Defense departments and the
intelligence agencies to develop a ``comprehensive nuclear
defense strategy based on current and projected global
threats.'' And it slows down funding of the Bush
administration's program to modernize the facilities where
nuclear weapons are built, stored and dismantled.
``These multi-billion dollar initiatives are being proposed
in a policy vacuum without any administration statement on
the national security environment that the future nuclear
deterrent is designed to address,'' the report said. ``[I]t
is premature to proceed with further development of the RRW
or a significant nuclear complex modernization plan.''
The committee pointed out that neither the Pentagon's
Quadrennial Defense Review last year nor the administration's
2001 Nuclear Posture Review ``provided a long term nuclear
weapons strategy or the defined total nuclear stockpile
requirements for the 21st century.''
The House bill more than triples the amount the Bush
administration is asking for dismantlement of old warheads
and adds $30 million to modify a facility at the Nevada
nuclear test site so it can be used for dismantling weapons.
At present, the only facility that does that work is the
Pantex plant near Amarillo, Tex., which also refurbishes
currently deployed weapons.
Sen. Byron L. Dorgan (D-N.D.), chairman of the
Appropriations subcommittee handling the nuclear program, has
indicated he is thinking along the same lines, according to a
senior Democratic staffer familiar with his views. ``The
Tauscher approach makes sense,'' the staff member said.
He noted that senior Bush administration officials had not
publicly supported the RRW program despite a request by Sen.
Pete V. Domenici (R-N.M.), a former Appropriations
subcommittee chairman and a proponent of the new warheads.
The Senate subcommittee is expected to provide limited funds
for the program ``so we have a couple of years to gather
information while the next administration lays out future
requirements.''
Mr. DOMENICI. Note an important point in this story. The funding cuts
are proposed now; a new strategic direction will be forged later in
this decade. Such an approach is absolutely backwards. We should forge
the new direction, if one is believed appropriate in a world of
increasing threats to our security, after great study. We should fund
our present strategy, 20 years in the making, now.
The House Bill and the Post story focus on the so-called RRW, the
Reliable Replacement Warhead. The RRW is a proposed new element of
administration policy. The intent of the RRW, to enable increased
reliability and design simplification in weapons of comparable
explosive yield is, in my view, a very appropriate consideration, which
may well result in the ability to maintain still smaller future
stockpiles supported by a still smaller future weapons complex. But, as
other legislators have suggested and as I noted in the last paragraph,
I agree that a study of the complete role of the RRW in the Nation's
nuclear deterrent is appropriate. That study must involve far greater
resources than those involved in the House report language.
Furthermore, Congress will have many opportunities to review and
finalize any decision for actual deployment of the RRW, but the funds
proposed for investment in the RRW now should provide the detailed data
to underpin any future congressional decision to shift portions of our
deterrent to that design.
But far beyond the RRW debate, with or without any RRW, stockpile
stewardship is absolutely vital to our national security. As long as
this Nation requires a nuclear deterrent in our defense or in support
of our allies, we must maintain the skills and infrastructure that
support the viability of that stockpile. That must include both trained
people and the facilities to enable their work to proceed. Th House
bill does harm to the Stockpile Stewardship Program. It cuts all
funding for the new CMRR facility, which would replace the present
facility, which will be inoperable after 2010. Without a new facility,
our Nation will not be able to support the pit mission, which is a
single point failure in the complex. Without a viable pit capability,
the U.S. nuclear deterrent is vulnerable. The House bill cuts the
Nuclear Material Safeguard and Security Upgrade, required to meet the
Design Basis Threat around the key nuclear facilities that contain
special nuclear material; it would cut stockpile services, the
foundation of the production capability for our Nation; it would cut
almost in half our pit mission, the critical component of our nuclear
deterrent systems; it would cut funding for the repair and elimination
of old and unused facilities that now drain funds from required new
facilities; it would cripple advanced computing, the key to science-
based stockpile stewardship; force the
[[Page 16301]]
shutdown of LANSCE, the accelerator needed for a variety of research;
and, cut the Z machine, another component of our nonphysical testing
regime.
I urge all my colleagues to attend to this debate as it moves through
the House and to markup in subcommittee next week on the Senate side.
Implementing and funding a new strategic policy after extensive debate
is intelligent; defunding critical parts of our present strategy
without a clear new path in view poses serious risks to our national
security.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The time controlled by the minority has
expired.
The Senator from Massachusetts.
Mr. KENNEDY. Mr. President, I believe we are in a period of morning
business.
The PRESIDING OFFICER. That is correct.
Mr. KENNEDY. Mr. President, I yield myself 12 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
DEATH OF THE CHARLESTON FIREFIGHTERS
Mr. KENNEDY. Mr. President, my heart goes out this morning to the
families of the nine fallen firefighters in Charleston, to my
colleagues Senators Graham and DeMint, and to the people of Charleston.
These fallen heroes made the ultimate sacrifice to protect their fellow
citizens. Today we remember them and all firefighters and their
families for whom courageous service is a part of their everyday lives.
My home State of Massachusetts endured a similar disaster several
years ago when six firefighters died in Worcester, MA. I read a poem at
the funeral of those fallen heroes, and I would like to read it again
now. I hope it brings some small measure of comfort to those whose
hearts are aching today for their brave husbands, fathers, brothers,
and friends who perished so tragically.
The poem is called ``May They Not Be Forgotten.''
Brother when you weep for me,
Remember that it was meant to be.
Lay me down and when you leave,
Remember I'll be at your sleeve.
In every dark and choking hall,
I'll be there as you slowly crawl.
On every roof in driving snow,
I'll hold your coat and you will know.
In cellars hot with searing heat,
At windows where a gate you meet,
In closets where young children hide,
You know I'll be there at your side.
The house from which I now respond
Is overstaffed with heroes gone.
Men who answered one last bell
Did the job and did it well.
As firemen, we understand
That death's a card dealt in our hand,
A card we hope we never play,
But one we hold there anyway.
That card is something we ignore,
As we crawl across a weakened floor.
For we know that we're the only prayer
For anyone that might be there.
So remember, as you wipe your tears,
The joy I knew throughout the years
As I did the job I loved to do.
I pray that thought will see you through.
____________________
EMPLOYEE FREE CHOICE ACT
Mr. KENNEDY. Mr. President, I wish to address the Senate on a matter
we will have an opportunity to vote on as this week goes on; and that
is the Employee Free Choice Act. I think to understand this issue, we
have to understand what has been happening to the middle class, the
working families in this country over the period of these last 30 years
and what happened to the middle class in the 20 or 30 years before that
and what happened at the turn of the century as we came into the 20th
century.
In my own State of Massachusetts, at the turn of the century, coming
into the 1900s, we had the most extraordinary and excessive
exploitation of American workers. They were not just American workers,
they were children.
All one has to do is travel up to Lowell, MA, where we have a
national park, and travel through the areas that are preserved--some of
the old textile mills--and you will read, encased in many of those
wonderful viewing stands, these letters of children who were 8 or 9 or
10 years old who worked 15 hours a day. They were paid very minimum
salaries, and they were required to work. We had the exploitation of
women in those conditions. The conditions were extraordinarily
dangerous. We had the wages that were completely inadequate to provide
a decent wage for people who were working long and hard.
Then we saw the changes that took place in the 1940s as workers came
together and demanded economic and social justice. We saw the changes
that took place in the workplace in terms of fairness and equity.
Interestingly, we saw the vast increase in productivity. The American
economy grew stronger. The middle class were the ones who brought us
out of the Great Depression, the ones who fought in World War II, the
ones who put us back on track after we had 16 million Americans who
served in World War II and brought us back to a strong and expanding
economy, where everyone moved along together. Everyone moved along
together.
We made enormous progress during the 1950s and the 1960s and in the
early 1970s. We made economic progress for workers and working
families, and we made social progress too. We passed Medicare and
Medicaid. We passed the higher education bill. We passed legislation to
stop child labor. We passed a whole range of different kinds of
programs to make this a more fair and a more just country with strong
opposition, but I don't hear any effort to try and repeal those marks
of progress we made in terms of economic and social justice. And, the
courts obviously filled an enormous responsibility.
So what happened during this period of time? I am putting up a chart
that shows the number of abuses of workers. This part of the chart
shows from 1941 to 1966. During this period of time, we had what we are
talking about--majority sign-up. We had it in effect during this period
of time, interestingly enough. Card checkoffs were in effect during
this period of time, from 1941 all the way up to 1966 and then the
National Labor Relations Board and the Supreme Court gradually
eliminated of that protection. Then we found an increase in the various
abuses we had during this period of time; that is, firing workers who
were interested in trying to form a union. The refusal to accept the
outcome of an election. We find a series of different kinds of abuses
to make it more and more difficult for people to be able to join the
unions.
But what we had here is the fact that we had labor and management
agreements and we had progress and economic prosperity during this
period of time.
This chart shows during that same period of time, where we talked
about actually peak union membership, wages and productivity rise
together. Look at from 1947 to 1964. We see an increase in productivity
and an increase in wages and America moved along together. There was
economic progress that moved along.
Then, as we find the unions beginning to decline, we find that
workers are falling further and further and further behind. Wages now
have flattened, basically, and often, in terms of their purchasing
power, have actually gone down. We see that since the loss of card
check, productivity grew 206 percent more than wages.
So we had the idea that workers were able to get together and
represent their views, and we had the increase in productivity. Then we
saw the country making very important progress.
Well, how is that reflected in the Nation? This chart shows what was
happening in that same period of time, from 1947 to 1973. Growing
together. Here it is in 1947, 1957, 1967, up to 1973: The lowest, 20
percent; the second, 20 percent; the 20 percent in the middle; and
then, fourth and fifth, virtually all the same in terms of real
economic growth during the same period I just pointed out where we had
maximum union activity, increasing productivity, and the Nation, the
United States of America, all growing, growing, and growing together.
That was going on from 1947 through 1973.
I see my friend from the State of Washington. How much time--I can
make this long or short. How much time do I have?
The PRESIDING OFFICER. The Senator has 2\1/2\ minutes.
[[Page 16302]]
Mr. KENNEDY. If we divide a half hour between us, I would then have
how many minutes?
The PRESIDING OFFICER. Let me back up. There is 20 minutes remaining
in morning business for the majority.
Mr. KENNEDY. All right. Well, then I yield myself 5 minutes, which
would be a total of 15 minutes, if that is agreeable.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KENNEDY. If the Chair would let me know when I have 1 minute.
We have just seen what has happened from 1947 to 1973 through the
course of the middle class. Now let's take a look at the years 1973 to
2000. We have the beginning of America growing apart. Look what is
happening. The lowest, the second lowest, the middle, the fourth. Look
at what is happening at the top: 20 percent, growing higher during this
period of time. This was the beginning of the Reagan revolution that
was taking place, extraordinary tax programs that were taking place,
reflecting itself in how America is growing. Are we growing more
together, or are we growing more apart?
Look what has happened now in the most recent times. The lowest 20
percent, because of the rates of inflation, are actually going down.
Then the second 20 percent, the middle 20 percent--and the top 1
percent is the one that was growing during this period of time.
What has happened at the same time is that we see the corporate
profits have now gone up 63 percent more compared to workers' wages and
benefits, which have now basically stabilized. This country, the United
States, grows together, works together. We are a united people. We see
what has been happening as a result of the fact that unions have been
effectively attacked and diminished in this country.
Before I conclude, this past Sunday was Father's Day. Look at the
difference between fathers and sons in 1964 and 1994. From 1964 to
1994, what we have seen is the sons did better. The middle class was
expanding. The sons did better than their fathers over this period of
time. There was growth. Look what is happening from 1974 to 2004: a
decline of 12 percent. The son is doing poorer than the father for the
first time in the history of this country--the first time in the
history of this country.
We know the corresponding difference. We had workers who were able to
get together, and we find out there is a corresponding increase. When
you diminish the unions, you diminish the power of working men and
women. That happens to be the fact.
What is the trade union movement asking for? All they want is what we
had years ago. All they are asking for is what we had during the period
from 1947 to 1966, and it worked then. Look at the wages and
productivity and what happened in the United States of America. We all
grew together. We all grew together. So why this emotional reaction and
response from the other side: My God, the Employee Free Choice Act.
This is some crazy idea that we can't possibly even think about or even
tolerate.
This is an idea that has been tried and tested. How few the times are
in the Senate when we are trying to do something that has been tried
and tested and successful. We had the measure which was effectively the
card checkoff during the period when wages and productivity grew
together and we had the fact that America, the United States of America
grew together.
That is the choice we have in the Employee Free Choice Act. Are we
going to go back to this period of time when we as a country and a
society grow together, or are we going to continue to grow apart? That
is the heart of the question, and the Employee Free Choice Act is
really the resolution and the solution.
So I look forward to more time. I see my friend. I have taken time
now. I am thankful that my good colleague and friend from the State of
Washington wishes to address this issue. This is very basic and
fundamental about our country and about the kind of America we want.
I come from a State that takes pride in the fact that the Mayflower
arrived on the coast off of Massachusetts, and the captain and the crew
came together after 6 weeks and they signed the Mayflower Compact. And
that is the compact that made Massachusetts a commonwealth. What is a
commonwealth? It is a common interest in all of the families saying we
are going to work together to make a better State, a better country, a
better nation, a better world. That is what is at the base of this
legislation and what it is all about, and I hope the Senate will give
us a chance to vote in favor of it.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Washington is recognized.
Mrs. MURRAY. Mr. President, I come to the floor this morning to join
my colleague from Massachusetts and thank him for his work. I rise
today to voice my support for workers, for their families, and for
their right to share in the prosperity the Senator from Massachusetts
talked about that they helped create for this country.
As chairwoman of the Employment and Workplace Safety Subcommittee,
protecting workers' rights is a critical priority for me.
In last year's election, we all heard the voice of America's voters
calling for change. I am very proud to say that Democrats have been
working very hard to help working Americans and their families secure a
better future, and we are making progress. We recently, in fact, passed
legislation to increase the minimum wage--the first increase in a
decade. For the first time in 10 years, many Americans now have the
opportunity to begin to lift themselves out of poverty. So we are
moving in the right direction.
But our work doesn't end there. Now it is time to help workers by
ensuring that their voices are heard in the workplace--voices for
better benefits, voices for better wages, voices for better health
care, and voices for better pensions. As we all know, unfortunately,
today in too many of our workplaces workers who do try to exercise
their legal rights are blocked by an unbalanced system that can trap
them in unacceptable working conditions. I think it is time for
Congress to stand with our Nation's workers and give them their voice
back by strengthening protections for our workers so they can freely
choose to join a union.
The Employee Free Choice Act will make the promise of employee choice
a reality, and it will restore the balance of the relationship between
our employers and our employees. I am very proud to be a cosponsor of
this important and balanced legislation.
So why is this bill necessary? Well, because workers should be able
to share in the prosperity they helped to create. This bill is an
important step in helping millions of working families get their fair
share of the economic pie.
Our Nation's greatest asset is our people. American workers drive our
economy. Their determination for a better future bolsters our Nation's
prosperity. That is why I was so concerned to learn that workers
believe the American dream is slipping away from them today. In fact,
according to a poll conducted earlier this year by the Change to Win
Federation, 82 percent of those surveyed said they believe working
families are falling behind. I find that troubling, given that worker
productivity has increased 3.1 percent each year between 2000 and 2004,
and that corporate profits have more than doubled since 2001.
To me, it doesn't add up that American workers and American families
are the ones who are losing. They are working very hard to help our
country prosper, but they are not reaping their fair share of the
benefits.
Unions can make a very positive difference. They allow our workers to
collectively express their voices to employers on working conditions,
health care, pensions, and other benefits, and the benefits we are
talking about lead to better lives for Americans. Women who belong to a
union earn 31 percent more than women workers who are not union
members. That is an extra $179 a week and $9,300 more a year in income.
Think about it. An extra $179 could help working moms put more food on
the table for their family or help to pay for the education of a son or
daughter. It could help her put a little
[[Page 16303]]
more away for retirement, making she and her family less dependent on
Social Security.
Workers who are union members are twice as likely to have employer
health care coverage. Union families who pay insurance premiums for
their coverage pay 36 percent less than their counterparts, saving them
almost $1,300 a year.
With the enactment of the Employee Free Choice Act, it is estimated
that up to a quarter of a million workers and their families in my home
State of Washington alone would participate in their employer's health
insurance plan. That is a step in the right direction for the 866,000
Washington State residents who were uninsured in 2005. They are also
more likely to have guaranteed pensions. Sixty-eight percent of
unionized workers are covered compared to only 14 percent of nonunion
workers--68 percent compared to 14 percent.
The AFL-CIO estimates that up to 250,000 Washington State workers
would participate in their employer's defined benefit pension plan with
the passage of the bill we are talking about today.
Workers recognize the benefits that unions offer them. In fact, 53
percent of U.S. workers say they would join a union if they could.
Clearly unions empower their members to access better benefits and
provide a better life for their families.
But what about other workers, those who don't belong to a union? Are
unions beneficial for the rest of us? The answer is an emphatic yes.
Unions have forged the way for millions of working families--union
and nonunion--to share in the prosperity they helped create.
Progressive employment policies such as the minimum wage, the 8-hour
work day, the 40-hour work week, employer-provided health care and
pension plans emerged from the labor movement and have become the
standard in today's workplace.
I think we can all agree that unions benefit our society as a whole.
I am sure the 60 million U.S. workers who say they would join a union
if they could think so, too.
Why is union membership declining when so many workers want to join
and unions clearly benefit all of us. As it turns out, exercising your
right to organize with other workers isn't an easy task under our
current system.
The system is broken. We all know that a fair labor market can only
exist when employers and employees have a respected voice in the
system. I am sorry to say that is not the case today.
Some unscrupulous employers are silencing employees who try to join a
union to better their economic situation for their families, and that
is not fair.
Under current law, workers who want to join a union use the majority
sign up method to let the union know they are interested.
Then, employers have the power to make a choice.
They can choose to recognize their employees' wishes, and many
progressive employers do, or they can demand a NLRB election, stalling
the process and silencing the voices of their employees.
During the election process, employers have unlimited access to
workers in the workplace. They can require workers to attend mass
meetings to hear antiunion messages and even require one-on-one
meetings between supervisors and employees. And, under our country's
labor laws, these practices are perfectly legal.
I think we can all understand how intimidating these tactics can be.
More often than not, employers create an unfriendly work environment
where employees don't feel comfortable discussing unions or their
benefits. In many cases they fear for their livelihood, and rightfully
so.
Unlike the peer relationship between coworkers, employers hold a
special position of power over their employees. Employers have power
over a worker's wages and benefits and, ultimately, they can fire an
employee.
A recent analysis from the National Labor Relations Board shows that
one in five union supporters are illegally fired for union activity
during the organizing campaign.
Too often, workers who clearly voice their desire for representation
have been silenced by their employers.
On the other hand unions do not have access to workers while on the
job. They are not allowed to enter the workplace at any time to meet
with employees. Employees interested in learning about union membership
must meet with representatives and employees on their own time.
The Employee Free Choice Act does nothing to change this
relationship. It does not limit the access employers have to workers.
And, it doesn't expand the union's access to employees on the job.
If employees make it through this obstacle and elect to form a union,
the ordeal is not over yet. Bad faith employers can drag out the
initial negotiations process, often for years, using the time and their
unlimited access to employees on the job to convince them that unions
are a bad idea.
It is easy to see who holds most of the cards in this relationship.
Workers shouldn't have to risk their livelihoods to exercise their
right to form a union. But it happens all the time.
Hardworking Americans shouldn't have to go through such an ordeal to
form a union. The Employee Free Choice Act can help eliminate some of
the unfair barriers that workers face and make it easier for them to
organize.
How does this bill address the problem?
The Employee Free Choice Act can make a difference. It can help
workers gain a respected voice in the conversation with employers, and
it can penalize bad faith actors who break the law.
First, the bill ensures that employees who want to organize can do so
without interference. By allowing employees to choose majority sign up,
the Employee Free Choice Act gives workers their voice back.
Second, this bill ensures there's time for reasonable negotiations,
but it does not allow one side to act in bad faith and string employees
along in a never-ending process that is designed to block their ability
to self-organize.
Third, this bill will hold bad actors accountable if they break the
law. According to ``American Rights at Work,'' every 23 minutes in
America, an employer fires or retaliates against a worker for their
union activity.
We shouldn't tolerate illegal discrimination and retaliation against
workers who are just trying to exercise their rights. If an employer
violates the rights of its employees and is charged by the National
Labor Relations Board, this bill will impose stricter penalties.
It balances the playing field by requiring that the NLRB stop bad
faith employers from interfering in a union campaign or contract
negotiations.
It puts teeth in the current law by making employers who break the
law pay three times back pay and imposes civil penalties for unfairly
discriminating against pro-union workers.
This will ensure that breaking the law doesn't just become part of
``the cost of doing business.''
Some would have us believe that the Employee Free Choice Act
radically changes the rules of the game or takes away employers'
rights. Nothing could be further from the truth.
First, it does not eliminate the secret ballot. I am pleased that
this bill gives employees the opportunity to vote by secret ballot if
they so choose. For too long, some employers have had control over the
balloting process, and this bill gets the balance right by making sure
employees have the free choice to use a secret ballot or majority sign
up.
Second, it does not create a new process. Some would have us believe
this bill upsets the current system by creating a new process for
forming a union. But majority sign up has always been allowable under
the law. Today, some progressive employers voluntarily recognize their
employees' choice to organize.
Third, it does not trap employees into union membership. Opponents of
this bill would also have us believe that allowing employees to choose
majority sign up as their preferred method for choosing a union would
lead to union coercion or would trap other
[[Page 16304]]
workers into union contracts against their will. That is not true.
Let's look at the facts about coercion and intimidation.
American Rights at Work found that antiunion behavior is widespread
among some employers. Among those employers faced with a union
campaign, 30 percent of employers fire prounion workers; 49 percent of
employers threaten to close a worksite when workers attempt to form a
union, although only 2 percent actually do; 51 percent of employers
coerce workers into opposing unions with bribery or favoritism--both
are illegal; 82 percent of employers faced with an organizing campaign
hire union-busting consultants to stop union campaigns; 91 percent of
employers force employees to attend one-on-one antiunion meetings with
their supervisors.
Some would have us believe that unions can be just as bad, but the
data doesn't back that up.
In her testimony before a House committee earlier this year, Nancy
Schiffer, an attorney with AFL-CIO, told that they had reviewed 113
cases cited by the HR Policy Association as ``involving'' fraud
coercion.
It found that only 42 decisions actually identified coercion, fraud
or misrepresentation in the signing of union authorization forms--and
that's since the passage of the National Labor Relations Act in 1935.
That is less than one case per year.
Compare that 1 case a year with the more than 31,000 cases filed in
2005 alone of employers engaging in illegal firings and other
discrimination against workers for exercising their right to form a
union. Clearly, unions have proven to be good faith actors in this
process.
Fourth, it does not change an employer's free speech or property
rights. One thing this bill does not change is the access to employees
that exists today. Currently, employers have full access to employees
during the workday. Unions do not. This bill leaves that relationship
unchanged.
Finally, it does not bankrupt or harm businesses. Opponents to this
bill would also have us believe allowing workers the free choice of
forming a union would be bad for business or would bankrupt employers.
Again nothing could be further from the truth.
We know that majority sign up can work for employers and employees
because it is already happening for some progressive employers. Take
Cingular Wireless, now known as AT&T, for example.
In my home State of Washington, we have seen proof that companies can
remain competitive and profitable and still follow the law and respect
worker rights.
Cingular Wireless gave its workers in Bothell, WA, the free choice
they are entitled to. As a result, nearly 1,000 workers in my hometown
decided to organize, and Cingular won praise for its responsible,
respectful approach to employee choice.
Today, the company continues to be one of the top wireless providers
in the country. Choosing to respect their employees' choice to unionize
did not bankrupt them or make them any less competitive.
This bill helps us find the right balance in relationship between
workers and management. I hope that my colleagues will join with me in
raising our voices in support of workers and their families by voting
yes on this bill.
Thank you Mr. President,
I wish to speak to amendment No. 1614 sponsored by Senators Byrd,
Landrieu, Webb, Rockefeller, Salazar, and Tester.
The energy bill we have been debating this week is going to bring us
greater energy independence and clean up our energy supply to help
combat climate change.
The bill is clean and green and will make great strides in developing
clean energy sources, and increasing efficiency.
But we must admit that we have done little in this bill to address
America's largest energy resource and also one of our largest
polluters--coal.
Coal supplies over half of our electricity generation, it drives our
industry and manufacturing and can be turned into a liquid
transportation fuel to replace foreign oil.
Coal is relatively cheap and easily accessible.
We have enough coal for 250 years if we keep using it at the same
rate that we are now.
Not only are we going to keep using coal, but most energy experts
predict we are going to use more of it in the future.
But we have to start doing better when it comes to greenhouse gas
emissions from coal.
I do not believe that government has been providing the right
incentives to move the coal industry in the right direction.
____________________
RECOGNIZING THE HISTORICAL SIGNIFICANCE OF JUNETEENTH INDEPENDENCE DAY
Mrs. MURRAY. Mr. President, I ask unanimous consent that the
Judiciary Committee be discharged from further consideration of S. Res.
231 and the Senate then proceed to its consideration.
The PRESIDING OFFICER. The clerk will state the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 231) recognizing the historical
significance of Juneteenth Independence Day and expressing
the sense of the Senate that history should be regarded as a
means for understanding the past and solving the challenges
of the future.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. CARDIN. Mr. President, today is the 142nd anniversary of
Juneteenth, a day when our Nation celebrates the complete abolition of
slavery. The Emancipation Proclamation freed slaves beginning January
1, 1863, and brought to an end what Abraham Lincoln called ``two
hundred and fifty years of unrequited toil.'' America's Civil War had
ended at Appomattox, VA, in April 1865, but it was not until June 19,
1865, 2 months later, and a full 2\1/2\ years after the Emancipation
Proclamation that the news finally reached Galveston, TX. That day has
become known throughout our Nation as ``Juneteenth.''
In communities across the country, Juneteenth is an occasion for all
Americans to reflect on a tragic period that shaped our Nation and
continues to influence us yet today. For Marylanders, Juneteenth is a
time to reflect upon our own history. Slavery existed in Maryland from
the State's inception as an English colony. In 1664, slavery was
officially sanctioned by law, and it thrived until 1864 when it was
abolished with ratification of a new State constitution.
In 1820, Maryland's population was approximately 400,000, less than
one-tenth our current size. The slightly more than 100,000 slaves in
Maryland accounted for one-quarter of Maryland's population, while the
39,000 free Black Marylanders accounted for nearly 10 percent. By 1860,
the State's overall population had grown considerably, while the number
of slaves had declined to about 87,000, or 13 percent, while the number
of slaves had free Blacks numbered about 83,000 or 12 percent.
Although Maryland was a slave State, it did not secede from the
Union. And the contributions of Marylanders to the Union cause and the
abolitionist movement did much to tilt the national balance in favor of
freedom. Antislavery activists--Black and White, free and enslaved--
took tremendous risks for the cause of freedom. Harriet Tubman, who was
born Araminta Ross in Dorchester County, and Frederick Douglass, who
was born Frederick Augustus Washington Bailey in Talbot County, were
both born into slavery, put their own lives on the line as courageous
crusaders for freedom. Having escaped their own captors, they dedicated
their lives to fighting for the emancipation of all slaves. They are
true American heroes.
This year, the Maryland General Assembly passed a resolution that I
will quote here in part:
Resolved by the General Assembly of Maryland, That the
State of Maryland expresses profound regret for the role that
Maryland played in instituting and maintaining slavery and
for the discrimination that was slavery's legacy; and be it
further
Resolved, That the State of Maryland commits itself to the
formation of a more perfect
[[Page 16305]]
union among its citizens regardless of color, creed, or race;
and be it further
Resolved, That the State of Maryland recommits itself to
the principle that all people are equal and equally endowed
with inalienable rights to life, liberty, and the pursuit of
happiness.
Today, on the 142nd anniversary of Juneteenth, I wish to commend my
former colleagues in the Maryland General Assembly for this resolution,
and I urge all my colleagues in the Senate to join me in celebrating
Juneteenth and honoring those who made that day possible.
Mr. LEVIN. Mr. President, today we celebrate Juneteenth Independence
Day in observance of the date upon which slavery finally came to an end
in the United States, June 19, 1865. It was on this date that slaves in
the Southwest finally learned of the end of slavery. Although passage
of the 13th amendment in January 1865 legally abolished slavery, many
African Americans remained in servitude due to the slow dissemination
of this news across the country. Since that time, 143 years ago, the
descendants of slaves have observed this anniversary of emancipation as
a remembrance of one of the most tragic periods of our Nation's
history. The suffering, degradation, and brutality of slavery cannot be
repaired, but the memory can serve to ensure that no such inhumanity is
ever perpetrated again on American soil.
Throughout the Nation, we also celebrate the many important
achievements of former slaves and their descendants. We do so because
in 1926 Dr. Carter G. Woodson, son of former slaves, proposed such a
recognition as a way of preserving the history of African Americans and
recognizing the enormous contributions of a people of great strength,
dignity, faith, and conviction--a people who rendered their
achievements for the betterment and advancement of a Nation once
lacking in humanity towards them. Every February, nationwide, we
celebrate African American History Month. And, every year on June 19 we
celebrate Juneteenth Independence Day.
I am happy to join with my colleagues, Senators Durbin, Reid, Obama,
Stabenow, Brownback, Kerry, Landrieu, Cardin, Lieberman, McCaskill,
Clinton, Leahy, Kennedy, Dodd, Sanders, Menendez, Brown, Pryor, and
Lautenberg, in commemorating Juneteenth Independence Day with the
submission of S. Res. 231, which the Senate has just adopted, in
recognition of the end of slavery and to never forget even the worst
aspects of our Nation's history.
Mr. DURBIN. Mr. President, today I am pleased that, S. Res. 231, a
resolution recognizing historic Juneteenth Independence Day, has passed
the Senate.
June 19 is an ordinary day for many Americans, is a significant day
for those who know its history. Juneteenth Independence Day celebrates
June 19, 1865, when Union soldiers led by MG Gordon Granger arrived in
Galveston, TX, with news that the Civil War had ended and that the
enslaved were free.
Americans across the United States continue the tradition of
celebrating Juneteenth Independence Day as inspiration and
encouragement for future generations.
The legislation recognizes the significance of Juneteenth
Independence Day and supports its continued celebration as an
opportunity for the people of the United States to learn more about the
past and to understand more fully the experiences that have shaped our
nation.
As Americans, we must remember the lessons learned from slavery.
Juneteenth is a day that all Americans, of all races, creeds, and
ethnic backgrounds, can celebrate freedom and the end of slavery in the
United States.
I am pleased to recognize historic Juneteenth Independence Day and
proud that the Senate has passed this important resolution.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the
resolution be agreed to, the preamble be agreed to, the motion to
reconsider be laid upon the table, and that any statements relating
thereto be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 231) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 231
Whereas news of the end of slavery did not reach frontier
areas of the United States, and in particular the
Southwestern States, for more than 2 years after President
Lincoln's Emancipation Proclamation of January 1, 1863, and
months after the conclusion of the Civil War;
Whereas, on June 19, 1865, Union soldiers led by Major
General Gordon Granger arrived in Galveston, Texas, with news
that the Civil War had ended and that the enslaved were free;
Whereas African Americans who had been slaves in the
Southwest celebrated June 19, commonly known as ``Juneteenth
Independence Day'', as the anniversary of their emancipation;
Whereas African Americans from the Southwest continue the
tradition of celebrating Juneteenth Independence Day as
inspiration and encouragement for future generations;
Whereas, for more than 140 years, Juneteenth Independence
Day celebrations have been held to honor African American
freedom while encouraging self-development and respect for
all cultures;
Whereas, although Juneteenth Independence Day is beginning
to be recognized as a national, and even global, event, the
history behind the celebration should not be forgotten; and
Whereas the faith and strength of character demonstrated by
former slaves remains an example for all people of the United
States, regardless of background, religion, or race: Now,
therefore, be it
Resolved, That--
(1) the Senate--
(A) recognizes the historical significance of Juneteenth
Independence Day to the Nation;
(B) supports the continued celebration of Juneteenth
Independence Day to provide an opportunity for the people of
the United States to learn more about the past and to
understand better the experiences that have shaped the
Nation; and
(C) encourages the people of the United States to observe
Juneteenth Independence Day with appropriate ceremonies,
activities, and programs; and
(2) it is the sense of the Senate that--
(A) history should be regarded as a means for understanding
the past and solving the challenges of the future; and
(B) the celebration of the end of slavery is an important
and enriching part of the history and heritage of the United
States.
Mrs. MURRAY. Mr. President, I yield the floor.
____________________
CONCLUSION OF MORNING BUSINESS
The PRESIDING OFFICER (Mr. Casey). Morning business is closed.
____________________
CREATING LONG-TERM ENERGY ALTERNATIVES FOR THE NATION ACT OF 2007
The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of H.R. 6, which the clerk will report.
The legislative clerk read as follows:
A bill (H.R. 6) to reduce our Nation's dependence on
foreign oil by investing in clean, renewable, and alternative
energy resources, promoting new emerging energy technologies,
developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes?
Pending:
Reid amendment No. 1502, in the nature of a substitute.
Reid (for Bingaman) amendment No. 1537 (to Amendment No.
1502), to provide for a renewable portfolio standard.
Klobuchar (for Bingaman) amendment No. 1573 (to Amendment
No. 1537), to provide for a renewable portfolio standard.
Bingaman (for Klobuchar) amendment No. 1557 (to Amendment
No. 1502), to establish a national greenhouse gas registry.
Kohl amendment No. 1519 (to Amendment No. 1502), to amend
the Sherman Act to make oil-producing and exporting cartels
illegal.
Kohl (for DeMint) amendment No. 1546 (to amendment No.
1502), to provide that legislation that would increase the
national average fuel prices for automobiles is subject to a
point of order in the Senate.
Corker amendment No. 1608 (to amendment No. 1502), to allow
clean fuels to meet the renewable fuel standard.
Cardin amendment No. 1520 (to amendment No. 1502), to
promote the energy independence of the United States.
Domenici (for Thune) amendment No. 1609 (to amendment No.
1502), to provide requirements for the designation of
national interest electric transmission corridors.
[[Page 16306]]
Cardin amendment No. 1610 (to amendment No. 1502), to
provide for the siting, construction, expansion, and
operation of liquefied natural gas terminals.
Collins amendment No. 1615 (to amendment No. 1502), to
provide for the development and coordination of a
comprehensive and integrated U.S. research program that
assists the people of the United States and the world to
understand, assess, and predict human-induced and natural
processes of abrupt climate change.
Domenici (for Bunning-Domenici) amendment No. 1628 (to
Amendment No. 1502), to provide standards for clean coal-
derived fuels.
Bingaman (for Tester) amendment No. 1614 (to amendment No.
1502), to establish a program to provide loans for projects
to produce syngas from coal and other feedstocks while
simultaneously reducing greenhouse gas emissions and reliance
of the United States on petroleum and natural gas.
The PRESIDING OFFICER. Under the previous order, there will be up to
2\1/2\ hours of debate with respect to amendment No. 1628, offered by
the Senator from Kentucky, Mr. Bunning, and amendment No. 1614, offered
by the Senator from Montana, Mr. Tester, with the time equally divided
and controlled between Senator Bunning, Senator Tester or their
designees.
The Senator from Montana is recognized.
Mr. TESTER. Mr. President, I wish to speak to amendment No. 1614,
sponsored by Senators Byrd, Rockefeller, Landrieu, Salazar, Webb, and
myself.
The Energy bill we have been debating is going to bring us greater
energy independence and clean up our energy supply to help combat
climate change.
This bill is clean and green and it will make great strides in
developing clean energy sources and increasing efficiency. But we must
admit we have done little in the bill to address America's largest
energy resource and also one of our largest polluters--coal.
Coal supplies over half of our electricity generation, it drives our
economy and manufacturing and can be turned into a liquid
transportation fuel to replace foreign oil. Coal is relatively cheap
and easily accessible. We now have enough coal for 250 years if we keep
using it at the same rate we are using it now.
Not only are we going to keep using coal, but most energy experts
predict we are going to use more of it into the future. We have to
start doing better when it comes to greenhouse gas emissions from coal.
I do not believe the Government has been providing the right
incentives to move the coal industry in the right direction. The
amendment that I--and others I spoke of earlier--am offering today will
provide Government grants for engineering and design of coal to liquid
and coal gasification facilities.
It will authorize direct loans for facilities if they reduce their
greenhouse gas emissions by 20 percent over the petroleum equivalent,
which, by the way, is the same requirement we use for biofuels. To
qualify, a facility must show that it can and will both capture and
store 75 percent of its carbon dioxide. We need these parameters
because we need to start doing things better than we have done in the
past if Government is going to be supporting these projects.
There has been a lot of discussion in the last couple of days about
coal to liquid fuels. I would rather get our energy from States such as
Montana, Ohio, West Virginia, or Colorado than from the oil cartels in
the Middle East. Unfortunately, the production of coal to liquids
without capturing carbon dioxide emits over twice the amount of carbon
dioxide than does petroleum, and climate change is as big a threat as
the unstable countries where we buy our oil. When carbon is captured
and safely stored, coal to liquid facilities and coal gasification
plants can achieve carbon dioxide levels that are closer or better than
a petroleum equivalent. If you combine the coal with biomass at the
same facilities, you can reach emission levels that are far less than
petroleum.
The National Mining Association recently ran an editorial in the New
York Times identifying the benefits of clean coal technologies and its
implications for national security. The editorial is on this chart. In
a nutshell, what Kraig Naasz, president and chief executive of the
National Mining Association, said was that a coal to liquid facility
with carbon capture and sequestration combined with the use of biomass
could achieve life-cycle greenhouse gas emissions 46 percent below a
petroleum equivalent. That is good news indeed.
I believe our fuel sources are a national security concern, and we
need to explore all safe and clean energy options to help break our
addiction to foreign oil. Coal-to-liquid fuel is a part of that
equation, and this amendment makes coal cleaner than petroleum when it
comes to greenhouse gas emissions.
Climate change is an issue I take very seriously. I want to leave
this world for my children and grandchildren in as good of shape or
better than my parents left it for me.
Climate change is real. Our oceans are rising, our glaciers are
melting, and wildly shifting weather patterns are causing more frequent
hurricanes, dramatic snowstorms, and prolonged drought. I am a dryland
farmer, and I have spent my entire life on the same piece of ground in
Big Sandy, MT. As a farmer, you notice every little detail about the
weather--moisture, temperature, when the plants bud, when they are
ready for harvest. In recent years, something hasn't been right. The
climate we have today is not the one that was there when I was a kid.
We plant earlier than we used to, we harvest earlier, rain comes at
different times, and the summers have become so hot and dry in Montana
that the sky is filled with smoke from forest fires hundreds of miles
away.
Steps can be taken to reverse the effects of climate change and
improve the energy options we have available. Coal is cheap, we have a
lot of it, and I think we should use it. But we must learn lessons from
how we have developed coal in the past. The Department of Energy says
that there are 151 new or proposed coal powerplants on the way by 2030,
and some of those are coal gasification facilities. I am committed to
finding ways to make the next generation of coal plants better than the
last.
This bill encourages research and development of carbon capture and
storage technologies. Carbon capture and storage may be our best option
to reduce carbon emissions from coal. We even include a cost-share
provision for carbon capture equipment that I sponsored with Senator
Bingaman in the Energy Committee.
But we have done little to give industry the incentives to employ
these technologies on a large scale. Wall Street really has no interest
in loaning money for clean coal facilities because there is no economic
incentive to reduce emissions. This amendment provides direct loans for
100 percent of the equipment used to reduce greenhouse gas emissions
and up to 50 percent of the total project cost.
Coal gasification technology is our best opportunity to prove the
capture of CO2 on a massive scale and safely store it
through an industrial process that gives us the products we need, such
as fertilizers, plastics, electricity, and fuel. Carbon dioxide can be
captured at a gasification facility, then compressed, piped away, and
stored in geological formations, including oil and gas fields where
they can increase the production of petroleum or CO2 can be
used in products that facilities produce, such as fertilizers,
chemicals, plastics, and fuel.
The Syntroleum plant in North Dakota has been capturing their
CO2 for 20 years and piping it 205 miles into Canada for
enhanced oil recovery. They capture 5,000 tons of CO2 a day
and sell the carbon to produce more oil. In Colorado, one company
actually mines CO2 from carbon deposits in the ground and
pipes it to Texas for enhanced oil recovery, and, I should add, this is
done for profit.
The amendment being offered today is a technology driver to move this
industry into the next phase and help get the first few new generation
facilities on the ground.
Government should only provide backing to the best technologies to
help spur a clean industry that can demonstrate an overall societal
benefit.
[[Page 16307]]
To be clear, industry will move forward with coal gasification
projects and coal to liquid projects regardless of congressional
actions, and plants have already been announced. But this is our
opportunity to encourage these facilities to be clean and push the
development of carbon capture and storage on a commercial and
industrial scale.
Coal-to-liquid projects have been proposed for Illinois, Ohio,
Wyoming, Montana, North Dakota, West Virginia, and the list goes on.
These companies have proposed these projects without Government
financing, but the emissions from these facilities are yet to be
determined.
The timing of this Energy bill and this amendment is critical because
designs could be modified to fit the parameters of this amendment, and
we can be assured that these projects move forward with the cleanest
technology available. Industry will benefit if we set clear guidelines
as to the standards we expect to be met for Government backing.
Luckily, we have the science to back up our goals. A recent study
from the Idaho National Labs proves that coal to liquids, when produced
with carbon capture and biomass, can achieve life-cycle greenhouse gas
reductions of over 40 percent from a petroleum equivalent. We see the
bar graph with petroleum diesel being the baseline. If we look across
at the fourth column, if we combine coal with 30 percent biomass to
perform coal to liquids, we can see a tremendous reduction in
CO2.
Coal gasification with carbon capture and biomass is a vast
improvement over our current use of coal. Congress is at a crucial
point where we can help drive these facilities toward the best
technology available. This amendment is a challenge to industry, but it
is a challenge that is technologically available and can and should be
met.
Rentech, one of the strongest advocates of coal to liquid technology,
proved my point in front of the Senate Finance Committee last April
when they showed the members of the committee the potential of the
technology on which they are working. What they said was that they
agree that as carbon capture reaches the levels we spell out in this
bill, combined with biomass, coal to liquids is far better than what we
are doing currently.
I believe this amendment will drive a new, clean, and green coal to
liquids industry toward startup and help offset our foreign dependence
on imported oil. Besides fuel, it will make cheaper fertilizers,
chemicals, and plastics.
Adopting this amendment will be a technology driver that is good for
industry and is good for this country. I urge this body to support
clean and green coal development.
Mr. President, I yield the floor to Senator Byrd.
Mr. DOMENICI. Mr. President, if it is in order or appropriate, I ask
unanimous consent, to establish my position following Senator Byrd,
when he is finished, that the Senator from New Mexico will be
recognized for his comments.
The PRESIDING OFFICER. Without objection, it is so ordered.
The senior Senator from West Virginia.
Mr. BYRD. Mr. President, during my half century of service in this
great body, I have seen too many energy shortages and too many half-
hearted efforts by the Federal Government to respond. A geopolitical
crisis erupts and oil prices rise. All too quickly, our economy is
destabilized. Our national security is undermined. Americans become
alarmed. Politicians promise solutions. Once the crisis passes, oil
prices decline, public attention fades, and nothing happens to cushion
the Nation from the next energy shock. All the while, our dependence on
foreign oil grows with ever-worsening implications for our economic and
national security.
About 40 percent of the energy we use in the United States comes from
petroleum. The majority of this oil is imported from chronically
unstable countries. It is shocking to think that our transportation
system and so many sectors of our economy are dependent on a constant
flow of energy from these dangerous and politically unstable lands. The
very security of this great and powerful Nation is vulnerable to the
whims of fanatical despots. The well-being of our country is always in
threat of a government coup in Nigeria, a typhoon in the Persian Gulf,
or a terrorist attack on oil shipments in the Middle East.
We must reduce our dependence on foreign oil. In a speech I made more
than two decades ago in this Chamber, I warned the Reagan
administration against cutting back on our energy programs. I pointed
out that there is no national security without energy security and that
we have neither as long as we are dependent on foreign oil. It seems as
though some things never change. As we should have learned too many
times during the past quarter century, leaving the security of our
country so dependent on the vagaries of the free market is too
simplistic, too unrealistic, and too dangerous.
Our dependency on foreign oil strikes at the very heart of our
national security. Indeed, oil dependence is the Achilles' heel of our
Armed Forces. The Pentagon itself has pointed out that our military's
ever-increasing reliance on oil makes its ability to respond to crises
around the world ``unsustainable in the long term.'' The Air Force pays
about $5 billion per year for its fuel, with the Army and Navy close
behind. Even more troubling, the United States now spends an estimated
$44 billion per year safeguarding oil supplies in the Persian Gulf.
The money we spend on foreign oil too often finds its way into the
pockets of terrorists determined to attack the United States. As former
CIA Director James Woolsey put it, in buying foreign oil, ``we are
funding the rope for the hanging of ourselves.'' Saudi Arabia, Iran,
and Sudan have experienced a boom in oil revenues as the price per
barrel of oil has gone through the roof. Reports are that some of these
profits have been used to finance training centers for terrorists, pay
bounties to the families of suicide bombers, and buy weapons and
explosives for the groups attacking U.S. soldiers and marines. For
years now, we have spent hundreds of billions of dollars fighting
terrorists while at the same time we have provided countless sums of
money to our enemies through our foreign oil purchases. This is sheer
madness. It must end.
It is no longer acceptable for Congress to seek piecemeal, short-term
solutions that become irrelevant as soon as the price of oil declines.
We need a long-term strategic commitment to the development of clean,
domestic-based energy technologies. We must dedicate ourselves to the
developing of sources of energy that will move us away from oil
dependence and provide better energy options. Chief among those must be
coal, our Nation's most abundant source of energy. The United States
has 27 percent of the world's coal reserves. We are the Saudi Arabia of
coal, and then some. Thirty-three States have recoverable coal
reserves. This means 66 Senators have a vested interest in promoting
the use of coal. Our coal supplies are large enough to last for
generations, fueling the electricity needs of our homes and our
businesses. We don't have to ask someone else for this cheaper and
abundant energy source; it is right here, like acres of diamonds, under
our feet. It is there, there in the ground, for the taking. Coal can be
burned cleaner and coal can be more efficiently burned today than at
any time in our previous history. With the right kind of investments in
clean coal technology, coal can become our lifeline. Coal can save us
from foreign oil, from OPEC, from volatile summer gas prices, and from
a disastrous foreign policy that revolves around protecting our oil
interests abroad.
Through Federal funding, Federal research and development projects,
and tax incentives, we have made great strides--great strides--both in
increasing the efficiency of our coal-fired powerplants and reducing
their emissions. Even with our currently underfunded clean coal
technology programs, we will continue to make progress.
I know that a vocal minority would have us believe differently. They
are the oil and natural gas producers who try to convince the American
public that coal is not the answer. Don't believe it. No, don't believe
it. They want
[[Page 16308]]
Americans buying their more expensive oil and gas, not cheaper coal.
They are interested in their profits and not the prices you and I pay
at the pump or for our home energy bills.
The vast majority of Americans already use the cheap electricity
provided by coal. They demand it. But with the proper support, coal
could be providing other forms of cheap energy. The American military
recognizes the hope that coal offers, which is why the Air Force is
experimenting with using coal to liquids technology to fuel their
aircraft. Coal has to be part, coal must be part of our energy strategy
if we are ever, ever, ever to break our dependence on foreign oil. The
American military recognizes it, the American people recognize it, and
it is time that the Congress recognized it.
For several months now, I have been engaged in serious discussions
with a bipartisan group of Senators to develop a program to promote the
use of coal for transportation fuels and as a feedstock for our
chemical industry. I thank those Senators and their staffs for their
hard work in an attempt to reach our own version of a grand compromise
on the future use of coal in this country. I particularly thank Senator
Bingaman and the majority leader for their assistance with this
proposal.
Even though there are significant challenges to the development of a
coal to liquids industry in the United States, our dependence on
foreign oil and the resulting cost to the country have created an
economic environment that is favorable--favorable--for the industry to
blossom. With a combination of tax incentives, loan guarantees, and
regulatory support, along with technology-driven advances in
environmental protection, we can reduce the risks associated with the
construction of coal to liquid plants and stimulate private investment.
We can and we must create a vibrant domestic marketplace for
alternative fuels.
The added advantage of this proposal would be that the production of
this clean-burning fuel would provide opportunities to commercialize
carbon capture and storage technologies. I believe that carbon capture
and storage can help advance clean coal technologies, but we must
provide both considerable funding and the key Federal guidance to
hasten the arrival--in the ground--of carbon capture and storage
projects that begin to implement the technology.
I hope my fellow Senators will stop, stop, stop and give serious
thought to this proposal. I hope we have finally learned the lessons
from the past, and that we will now seize the moment by the forelock.
Our Nation confronts an enormous challenge in breaking our dependence
on foreign oil. For all too many years, we have denied--we have
denied--the problem. We have delayed taking action. We have conducted
endless studies--endless studies--and largely kicked the problem on
down the road. We have separated it along regional and political lines
and done and said everything but solve the problem.
Of course, the Senate is performing its constitutional function by
debating these issues, and making sure the interests of the people and
the States we represent are being protected. When the debate is over,
however, it is also the responsibility of the Senate to find a workable
solution. It is here that regional interests must blend into the
national interest.
We have studied the matter, we have debated the issues, we have
talked about the solutions, and now we must act. Now we must act. True
energy independence at a time when our Nation no longer is dependent on
the energy resources of unstable areas and rogue regimes will require
give and take from all sides. In fact, in this most significant
national quest, there can be no single winner, whether it be coal,
whether it be oil, whether it be natural gas, or any environmental
interest. If any one special interest wins, then the American people
will lose. The American people will win if, and only if, we put aside
our parochial interests, our partisan politics, and our petty
differences and work together and compromise together for the national
good. The time for bold action is here. Let us start to put American
ingenuity to work for the benefit of America's future.
Mr. President, I yield the floor.
Mr. DOMENICI. Mr. President, is it appropriate for the Senator from
New Mexico to speak now?
The PRESIDING OFFICER. The Senator may proceed.
Amendment No. 1628
Mr. DOMENICI. Mr. President, I have a few remarks as ranking member
of the committee. I am going to speak first in favor of amendment 1628,
the Bunning amendment, with reference to coal to liquids. Later on
today--later on today, Senator Byrd--and I don't say this because you
need to be on the floor or anything like that, but later in the day,
when some other people have finished speaking in favor of this
amendment, I will speak against your amendment and be very specific and
precise as to why.
I do say to you and your very excellent staff that I think you will
be interested in my reasoning, because I am not trying to be vindictive
or pick one over another, but I think your amendment, when we finish
talking about it, you ought to be worried about whether you have set
standards in it that will never commit coal to be turned to liquids.
Mr. BYRD. I hope not.
Mr. DOMENICI. I think you have done that, by mistake or otherwise.
The environmental requirements are too high for it to be achieved.
So the money can be used for things other than coal to liquid. That
is what it will go for over time, because you cannot achieve the
environmental standards. I don't know how I can do it later, but I will
talk with you seriously about it.
For now I am going to speak to the Bunning amendment, and later I
will do that other one, and if I have to do it in writing, because of
my great admiration for Senator Byrd, I will write it up and show it to
you, because I do not think you are going to get coal to liquid the way
someone has drawn the standards for you. I do not know who drew those.
I rise today, in the absence of Senator Bunning--I hope everyone in
the Senate and those who are wondering why this distinguished Senator,
who is so strongly in favor of this coal to liquids, is not here, let's
make sure everybody knows that what is going on right now is a very
important aspect of this energy bill. It is the tax portion, and
Senator Bunning is on the Finance Committee. They are writing the tax
portion, Senator Byrd. So Senator Bunning can't be here because he is
there writing this giant tax provision that is going to be affixed to
this bill.
First, I ask unanimous consent that the letter Senator Bunning and I
received this morning in support of this amendment that we have be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Headwaters Incorporated,
South Jordan, UT, June 19, 2007.
Hon. Pete Domenici,
U.S. Senate,
Washington, DC.
Hon. Jim Bunning,
U.S. Senate,
Washington, DC.
Dear Senators Domenici and Bunning: Headwaters Incorporated
supports adding your coa1-to-liquid (CTL) transportation fuel
amendment to energy legislation currently being debated on
the Senate floor (H.R. 6).
Headwaters is a New York Stock Exchange company with deep
roots in CTL technologies. Our company has licensed direct
coal liquefaction technology to facilities currently under
construction in China and we are conducting feasibility and
engineering studies in The Philippines and India. In the
United States, we are actively developing a project in North
Dakota in concert with North American Coal Company and Great
River Energy. We are also conducting feasibility studies with
CONSOL Energy Inc. in several other states.
Your amendment strikes the appropriate balance between
enhancing our nation's energy security and advancing
technologies to deal with climate change. To accomplish the
greenhouse gas emissions standards required in your
amendment, CTL providers will utilize carbon capture and
storage technologies at a scale not previously deployed. This
will do much to develop capabilities that will be used by
many industries in the years to come.
It is time for America to keep more of its energy dollars
at home, creating jobs making clean fuels from America's most
abundant energy resource--coal. These fuels will
[[Page 16309]]
work in our existing distribution systems and vehicles and
will create a more secure bridge to the next generation of
transportation fuels.
Sincerely,
John N. Ward,
Vice President,
Marketing & Government Affairs.
Mr. DOMENICI. Now I would look to repeat once again my opposition to
the Tester-Bingaman amendment on coal to liquid fuels. I believe it
does little to advance the domestic coal to liquid fuels industry, and
could, in fact, harm that effort. But I will return to the floor later
today and speak to it in more detail.
I wish to provide some context for my colleagues as we move forward
to vote this afternoon on the issue of coal to liquids, because it is
so important for our country that we create a situation which will
generate incentives so those who will invest money and try innovative
technologies will do so for coal to liquid.
We have an abundance of coal. We have an abundance of need for
liquefied coal. We have a lot of people who do not want to see this
happen because they are fearful of the environmental consequences of
this transition.
First, we must increase our national energy security by decreasing
our reliance on foreign resources of crude oil. Second, we must ensure
that the fuels available to American consumers are affordable. Third,
we must seek to improve the environmental performance of the energy
resources we consume.
I believe coal to liquid fuels will allow us to accomplish all three
goals, and that the Bunning amendment puts us on the right path to get
there. In terms of the opportunities for increased energy security that
are created by coal to liquids, the case to be made is a convincing
one. Our country accounts for 26 percent of the world's proven
reserves, 26 percent of the coal.
We have enough coal right here in America to meet our needs for more
than 200 years. In every authoritative forecast of domestic and world
energy consumption, coal use is projected to increase, not decrease. No
matter what people say, you know they don't want coal because it is not
clean, every projection says there will be more coal used, not less, in
the next 10, 20, 30 years.
What we have to do is be sure that since we have so much in America,
we are pushing that and pursuing that with a hand on the accelerator,
that makes sure what we come out with is a fuel that is clean enough to
sustain itself among the fuels we are permitted to use, where it is as
good as any we are promoting for the American people for their future.
Here in the Energy and Natural Resources Committee, we often talk
about our Nation's increasing reliance on foreign sources of crude oil.
We have included provisions in this bill that represent significant
progress toward reversing this trend. I believe we should go further,
however, and make better use of coal as our most abundant, secure, and
affordable resource.
The facts in support of coal to liquid as a path to greater energy
security don't only rely on the sheer abundance of this resource within
our borders. It is because of this secure supply, but also due to the
characteristics of coal to liquids as a fuel that the Department of
Defense has undertaken an aggressive program to test, certify, and
ultimately transition to meeting much of their demand with coal to
liquid alternatives.
I want to repeat what I have just said about the fact that we are so
abundantly blessed, and it is here and it is ours, and it is to be used
by us. Because of this, the Department of Defense has undertaken an
aggressive program to certify, ultimately to test and certify, to meet
much of their demand with coal to liquid alternatives.
Last year the Air Force went through over 3 billion gallons of
aviation fuel. That amount represents more than half of the fossil
fuels consumed by the Federal Government. That is amazing. Half of all
the fossil fuels consumed by the Federal Government was the 3 billion
gallons of aviation fuel.
The goal of the Air Force is to certify their entire fleet by 2010,
with a 50-50 mix of jet fuel with coal to liquid fuels and meet 50
percent of their demand for fuels with coal to liquids by the year
2016.
We must be encouraging progress along these lines, and the Bunning
amendment is a step in the right direction. Coal is affordable. If we
consider historic price trends, based on nominal dollars per million
Btu's between 1980 and 2005, the cost of petroleum fluctuated between
$6 and $16; natural gas fluctuated between $2 and $10; retail
electricity fluctuated between $14 and $24; and coal between $1 and $3.
Is that not incredible? Now, if we can find a way through our
technological advances and technological genius to make more coal
usable, think of that, we will inject into this stream of usable
resources that are used in the place of energy a fuel that is the
cheapest and most stable fuel we have. I told it to you in incredible
numbers. These are accurate. Coal, between $1 and $3 during the same
period that retail electricity has been $14 to $24. You got that, my
good friend from Montana? Incredible.
Petroleum fluctuated from $6 to $16, and here is that good old coal,
$1 to $3. The problem is, we haven't figured out ways to use it for
enough of the uses for which these energies I ticked off are used. Coal
is secure. But it represents one of our most stable and affordable
energy sources.
It should be our policy to ensure that this feedstock shares an equal
footing with others that are available for production of alternative
fuels. Of course, we must ensure that we continue to reduce the
environmental impacts associated with energy resources we consume.
Here, too, the ability of coal to liquid fuel to achieve this
significant improvement is impressive. By virtue of the process coal
must undergo in producing a liquid fuel, nearly all of the criteria
pollutants are removed by virtue of the processes coal must undergo in
the process of liquid fuel. I am repeating it. Nearly all the criteria
pollutants are removed.
This represents a significant improvement relative to conventional
diesel and includes a reduction in unburned hydrocarbons, carbon
monoxide, nitrous oxide, particulate matter, and others.
I wish to direct the attention of my colleagues to the chart behind
me which represents an average of the findings on the national
renewable energy laboratories and other Government entities. It shows
the percentage reductions achieved in the categories I have mentioned,
by using coal to liquid fuels instead of conventional diesel.
Fuels are virtually sulfur free and dramatically reduced the
emissions of other harmful pollutants. There it shows it to you right
on the chart. Environmentally, what remains is a concern about the
emissions of greenhouse gases. This too can be effectively addressed by
coal-feeding biomass, utilizing a plant's carbon dioxide for enhanced
oil recovery or through future efforts to achieve reliable and safe
geological sequestration.
Those seeking to build coal to liquid fuel plants believe they can
meet the same standard of 20 percent better than gasoline that is
included in the underlying bill for ethanol. I believe no single one of
the priorities I laid out as important to the consideration of the
fuels legislation should overshadow the other. Coal to liquid meets all
three priorities.
On this basis alone, I believe the Bunning amendment is the right
approach. Now, some may ask, if this alternative fuel is such a good
idea, why have we not already begun to produce it? The Department of
Energy has testified that as long as the price of oil remains above
roughly $50 to $60 a barrel, the first few gallons of coal to liquid
operations will be economically viable. So as long as energy remains at
that high price, from there, commercialization will further improve the
competitiveness of coal to liquid fuels. It is a concern that oil-
producing nations will increase production to lower oil prices, thereby
undercutting the viability of alternative fuel production. That has
created an unwillingness in the private sector to finance these plans.
I believe the most proven approach to addressing concerns of
alternative fuel developers is to provide a guaranteed
[[Page 16310]]
market and assurances that the market for these fuels will remain
present. This is what the Bunning amendment does. This is all it does.
This is all we need to do. Specifically, and starting in the year 2016,
it will require that three-quarters of a billion gallons--that is all,
three-quarters of a billion gallons--are produced a year. That gets us
to a level of 6 billion gallons by 2022. Now, I would remind my
colleagues that biofuels are mandated at a level of 36 billion gallons
that same year under the base bill. We have required that coal to
liquid fuels have lifecycle greenhouse gas emissions that are at least
20 percent better than gasoline. That is how we make sure that
greenhouse implications are not something we need to worry about.
This is the same standard required of biofuels in the base text of
the legislation that is currently before the Senate. We have seen the
utility of a mandate in the current success of ethanol. In fact,
currently the use of ethanol has even exceeded the mandates set forth
in the Energy Policy Act of 2005. I believe the time has come to embark
upon a similar success story in coal to liquid fuels.
If the environmental obligations are the same as the mandate for
biofuels--and the coal to liquids mandate is one-sixth the size of a
biofuel mandate--there is no reasonable basis to vote no on the Bunning
amendment. The choice given by the amendment is coal from Wyoming, West
Virginia, Connecticut, and North Dakota versus oil from the Middle East
or Venezuela. The choice is an easy one. I encourage colleagues to vote
for amendment No. 1628. It is not a huge amount of production we are
going to assure the use of, but it will push producers and inventors,
technocrats and people with money that they will all be working toward
a new way to do it because by that point in time, they want to be able
to say: Ours is ready. Please buy it. That is what the law says you are
supposed to do.
I yield the floor.
The PRESIDING OFFICER. The Senator from Wyoming.
Mr. ENZI. Mr. President, I rise to speak on the two amendments before
us. I have some grave concerns. I am afraid this Energy bill could
easily turn into an antienergy bill. If it does, we will have
decreasing supplies of fuel and ever-increasing prices. I don't think
that is where we intend to go.
I rise to give strong support to amendment No. 1628 offered by my
colleagues, Senator Jim Bunning and ranking member Pete Domenici. The
amendment establishes a fuel mandate program for coal to liquid fuel
that is identical to the renewable fuel standard we are implementing
with this legislation. I know originally the two amendments had some
similarities and were being worked on as one with a bipartisan group.
That is what we ought to do. But somehow it got polarized and shifted
into two separate amendments. One could have phased into the other and
wound up with much stronger requirements. That was where I was hoping
it would go, on a phased-in basis, so that we could actually have coal
to liquid technology and that infant industry could then grow into one
that would meet the strict standards that technologically cannot be met
at the present time.
If we discourage all development of coal to liquids, we will not have
clean coal to liquids. We will not have an adequate fuel supply or we
will have a fuel supply that is very expensive, and that will curtail
the economy.
I ask unanimous consent to have printed in the Record a letter from
the Governor of my State, Dave Freudenthal, who talks about a glidepath
we need to get the infant industry started and into place.
There being no objection, the material was ordered to be printed in
the Record, as follows:
The State of Wyoming,
Office of the Governor,
Cheyenne, WY, June 18, 2007.
Hon. Jeff Bingaman,
Chairman, Energy and Natural Resources Committee, Hart Senate
Office Building, Washington, DC.
Dear Senator Bingaman: I want to commend you and your
committee for taking up the matter of Coal-to-Liquids
technology as part of the consideration of national energy
policy. As you know, if we can construct the proper policy
framework for this technology, the benefits are many. The
country will be able to make use of an abundant fuel source
to begin to mitigate our dependence on imported fuels.
Capital investment and job creation will also be a
significant benefit for America.
My view is that with the exception of operations in South
Africa, CTL is an emerging technology. Clearly not all the
design, engineering and performance issues are determined as
would be expected in the case of a mature industry. There is
much work to be done with respect to environmental behavior
and operational efficiency.
Given the emerging nature of this promising technology, it
seems prudent and appropriate to set goals that stretch the
technology, represent a step forward and would result in a
better environment. However, setting requirements that are
likely not achievable in the near term with the first plants
may only serve to discourage the kind of technical and
financial investment required to bring the CTL technology
forward to commercialization.
A `glide path' that would require continuous improvement of
environmental performance with a starting point better than
existing alternatives seems a reasonable position for the
first CTL plants. This would allow policy makers to keep the
ultimate targets intact but acknowledge the evolving nature
of the technology. It seems this would be a much better
signal to send to the country. This should serve to stimulate
rather than discourage the kind of market behavior on the
part of cleaner energy entrepreneurs and technologists we
need to help us solve these complex energy and environmental
challenges.
Thank you for your consideration.
Best regards,
Dave Freudenthal,
Governor.
Mr. ENZI. I have listened for the past week as my colleagues have
discussed the importance of domestic fuels. They argue that it is
essential for us to reduce our dependence on foreign energy barons and
that the mandate that this bill lays out for 36 billion gallons of
biofuels is an important step in being energy independent. I agree with
my colleagues and their assessment that we need to produce more
domestic fuel, and the amendment I am speaking in support of does just
that. By mandating that we use 6 billion gallons of fuel derived from
coal, we will use our Nation's most abundant energy source to help
break America's addiction to oil.
Coal to liquids technologies are not new. The technology has been
around since the 1940s. There is no question that it can be used today
in transportation markets that currently exist. It can be transported
in pipelines that currently exist. Because it comes from coal, our
Nation's most abundant energy source, it can be produced at home by
American workers without some of the international interference. Coal
to liquid plants are being developed in China. They understand the need
for the economy to have the fuel to operate on. They are buying up
resources. In Canada, they tried to buy resources in the United States.
They know the future of their country depends on having sufficient
fuel, particularly for transportation.
Coal to liquid plants are already being developed in China. They are
being developed in other major industrialized nations. But they are not
being developed in the United States. I am concerned that as we sit on
the sidelines, other nations will take advantage of our inaction, and
our economy will suffer. That is why I am speaking in support of the
amendment offered by my colleagues from Kentucky and New Mexico. The
amendment they have introduced is the right approach to moving this
issue forward in a way that will truly help the coal to liquids
industry. In doing so, it will truly benefit the American people.
There is a competing proposal from my colleague from Montana that I
will discuss in a moment, but I first want to discuss why this is the
right approach, if we are to spur investment in the coal to liquids
industry. Simply put, if our goal is to create a market for a new
energy source, mandates work. We have seen it with other current
renewable standards. Since passage of the RFS as part of the Energy
Policy Act of 2005, we have seen a dramatic rise in the number of
ethanol plants that exist, and there is no sign that industry is
slowing down. That was the mandate we placed. It is being
[[Page 16311]]
met. We have an opportunity to do so today for coal to liquids.
However, we will do so on a smaller scale, requiring just 6 billion
gallons of coal-derived fuel as opposed to 36 billion gallons mandated
for biofuels in the bill. We will do so with additional environmental
standards.
Like the underlying legislation, we require the 20-percent life cycle
greenhouse gas reduction language. However, unlike the underlying bill,
the amendment requires coal to liquid plants to operate with technology
to capture carbon dioxide emissions. In general, I am not a fan of
mandates. I have struggled with this issue. However, if our goal is to
reduce our Nation's dependence on foreign energy sources and to produce
more fuel domestically, the current renewable fuels mandate has proven
that it is an approach that works. In direct contrast to the success of
a mandate is the failure of the loan guarantee programs which have
issued exactly zero loans almost 2 years after the program was created
in the Energy Policy Act. The approach of the Senator from Montana of a
direct loan program is different than the approach taken in the Energy
Policy Act. Although that is the case, I am concerned that his
legislation will simply create another loan program that never happens.
A direct loan program requires that the Federal Government loan
taxpayer money to private companies to move forward. In the very tight
appropriations climate we are currently experiencing, my colleagues are
kidding themselves if they think we will spend the kind of money it
takes to build one of these plants through a direct loan.
How do I know about that? There is one proposed in southern Wyoming.
The company is a coalition of companies to put the money together for
one of these plants. It is a huge refinery. That is what a coal to
liquids plant is. It changes our low-sulfur coal into diesel, and that
is what we are requiring trucks to use now, diesel without coal. It is
going to be between the little town of Hannah and Medicine Bow. Hannah
was a coal mining town. The coal was deeper so it wasn't useful or
economical for them to mine it anymore. It shut down. People are there
with houses they can't sell and jobs they don't have. They are retired.
But this plant is coming into that area.
The reason it is coming to that area is, first, there is the coal
resource but, more importantly, there is a pipeline there. This is one
of the fuels, unlike ethanol, that can be put into a pipeline and
transported. They have already sold all of the fuel they can build.
They put $2 or $3 billion worth of money together to build what will be
the first refinery built in the United States in 30 years. It will
solve a huge economic problem in that part of the State. I have to say,
the requirements in the amendment of the Senator from Montana will
probably stop this because the technology isn't there. People aren't
going to venture $2.3 billion on the possibility that the technology
might be there. I would hope we would put some research money into
technology on carbon sequestration and carbon capture. I have
encouraged the University of Wyoming to do that with some of the
abandoned mine land money. But that is down the road and should be
phased in so that plants like this can be built.
In addition to my concerns about the loan program, I am also
concerned that the amendment of the Senator from Montana sets forth
environmental standards that are technologically unachievable. We have
devoted an entire title of this bill--title III--to the research and
development of carbon sequestration technologies. I have faith that
this research will help us to advance carbon sequestration efforts, but
I don't believe we are there yet. As such, the Tester amendment's
requirement for 75 percent sequestration--and it is not phased in--
seems unreasonable. I am not a technical expert. I have spoken to the
people who are planning the coal to liquids facilities. None of the
developers I have questioned have suggested they can achieve the 75
percent mandated by the Tester amendment. Both of the Democratic and
Republican proposals will reduce greenhouse gases in a major way. Both
of these amendments require a 20-percent improvement, but the
Democratic proposal goes too far and sets standards that aren't
technologically achievable.
My colleagues are faced with a choice. The amendment offered by
Senators Bunning and Domenici takes a proven approach of mandating that
we use a domestic fuel. It adds responsible and reasonable
environmental standards, and it will work to spur development of a
domestic coal to liquids industry. I wish the bipartisan group could
have gotten together and actually worked out something, but there are
some other things playing in this whole process. Sometimes we get so
wrapped up in making a political point that we wipe out progress for
the United States. I hope that something can be done on that yet, but
we will vote on two different amendments. The Bunning-Domenici one has
the potential for actually providing some facilities and additional
fuels. If we truly want to see coal to liquids plants built in the
United States, only one of the approaches before the Senate works. That
approach is the one offered by Senators Bunning and Domenici. I hope
all of us will support that amendment and see that coal to liquids and
fuel independence happens.
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. BOND. 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. BOND. Mr. President, I rise today to speak on behalf of the
Bunning coal to liquid fuel amendment. This was an amendment
cosponsored and championed by our dear late friend, Senator Craig
Thomas. If we could adopt this amendment and pass it into law, I think
it would be a fitting tribute to the memory of this very fine servant
of the people of Wyoming and of the United States.
We have plenty of Members of the Senate who would like to reduce our
involvement in the Middle East. Maybe they supported our gulf and Iraq
wars; maybe they did not, but they would sure like us to reduce our
current involvement, and they certainly would like us not to have to go
over there every time there is trouble. Count me in as one of that
broader group.
There is another group of Senators, and I would be included in those
as well, that would like us to improve the environment by reducing
greenhouse gases. They support reducing the lifecycle greenhouse gases
emitted during the production of fuels. Indeed, we are considering
provisions to require biofuels produce 20 percent less lifecycle
greenhouse gases during their production.
So I ask those Senators--all of you who support reducing our
dependence on Middle Eastern oil, all of you who support requiring
fuels to produce less greenhouse gases--please support the Bunning-
Domenici coal to liquid fuel amendment that will do both.
Domestically produced fuel made from coal will reduce our dependence
on Middle Eastern oil. Every barrel of oil we produce from America is a
barrel of oil we do not need to import from Saudi Arabia, Kuwait, Iraq
or Venezuela. Every barrel of oil we produce from America will reduce
our need by that much to intervene in local Middle Eastern disputes.
Domestically produced fuel made from coal will improve the
environment. Coal to liquid fuel, with its sequestration of pollutants,
will be lower in acid rain-causing sulfur and soot-producing
particulate matter. The Bunning amendment will also cut greenhouse gas
emissions compared to gasoline production by mandating 20 percent less
lifecycle greenhouse gas emissions. No coal to liquid plant will
receive a cent of Government money unless it can meet this greenhouse
gas reduction requirement.
Domestically produced fuel from coal will improve our health. Too
many children and elderly suffer from asthma, an acute condition caused
by air pollution. Coal to liquid fuel is lower in
[[Page 16312]]
ozone-causing nitrogen oxides, soot-producing particulate matter, as I
mentioned, and toxic emissions from volatile organic compounds.
Domestically produced fuel made from coal will improve the
performance of our military. Coal to liquid fuel provides significant
performance advantages for military jets and aircraft. The Air Force is
most interested in signing long-term supply contracts that will enable
them to provide a market for the clean coal to liquid fuel which is
envisioned in this amendment. CTL fuel burns at a lower temperature,
burns cleaner, and performs better at both lower and higher
temperatures. That is good for our war fighters who need every
advantage they can get.
Domestically produced fuel made from coal is good for our existing
infrastructure. Coal to liquid fuel can go right into our existing
pipelines, gas tanks, and engines without any cause of problems. We
will not need new pipelines, new storage or new pumps as with biofuels.
Domestically produced fuel made from coal is also good for consumers.
Coal to liquids offer long-term supply guarantees without the fear of
supply shocks from external forces in other countries. Do you ever
wonder why gas prices jump up every time some Middle Eastern radical
shoots off a rocket in his neighbor's territory? That would not happen
to the fuel we are producing from coal to liquids.
Domestically produced fuel made from coal is also good for taxpayers.
Coal to liquids offers the ability to lock in long-term price cut
guarantees. I think all of us realize that Southwest Airlines used this
long-term fuel supply hedging to save billions of dollars and avoid
bankruptcy. Other airlines lost millions and fell into bankruptcy
paying for high-priced fuel on the spot market. At the same time,
Southwest produced profits in part from the savings from their long-
term contracts to buy fuel. We can use this same strategy to benefit
all Americans with coal to liquids and specifically by supplying that
fuel to the Air Force and other Government users. I would hope the
other users of fuel would realize the advantage, but we can do
something now to start that market and to assure that technology goes
into production.
So I urge my colleagues to give a hard look to the Bunning-Domenici
coal to liquid fuel standard amendment. I would say, I would add Craig
Thomas's name to that list as well. Sponsors have trimmed back the
amendment to require more modest and realistic amounts of CTL fuel.
Sponsors have also included the same 20-percent lifecycle greenhouse
gas reduction mandate and a requirement for coal to liquid plants to
operate with technology to capture carbon dioxide emissions.
We can use the carbon dioxide, so captured, to pump into previously
depleted oil wells to generate more production or we can pump it into
substructures, geological formations, which will capture and keep that
CO2 sequestered.
I urge my colleagues to support the Bunning-Domenici amendment. Our
future in terms of energy independence, our future in terms of a
cleaner environment depends on it.
I thank the Chair and yield the floor.
The PRESIDING OFFICER. The Senator from North Dakota.
Mr. DORGAN. Mr. President, I ask unanimous consent to use 12 minutes
of Senator Tester's allotted time.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DORGAN. Mr. President, this is the right subject, this issue of
alternative fuels. I commend all my colleagues for being here to talk
about this important issue.
I have mentioned often on the floor of the Senate, we live on this
little planet of ours, and on this planet we circle the Sun, and we
happen to live on a little patch on this planet called the United
States of America. A substantial amount of oil is used here. We use
one-fourth of all the oil that is pulled out of this planet every
single day. About 84 million gallons of fuel is pulled out of this
planet every day, and we use one-fourth of it in this country.
Unfortunately, much of the resources--the oil resources--exist
elsewhere. Over 60 percent of that which we use in oil comes from off
our shores, much of it from very troubled parts of the world: Saudi
Arabia, Kuwait, Venezuela, Iraq, Iran, and so on. In a circumstance
where we have such a prodigious appetite for energy--oil in this case--
and so much of it exists off our shores, it makes us very vulnerable--
extraordinarily vulnerable.
If tomorrow, God forbid, terrorists should somehow interfere with the
pipeline of oil to the United States of America, we would be flat on
our back. Our economy would be flat on its back because we get up every
single morning in this country and we pull the switch, we start the
engine, we do all these things that heat the water for the shower and
air-condition our home. We have such an unbelievable appetite for
energy.
With respect to oil itself, we are held hostage by having so much of
it coming from off our shores. Therefore, the question is, how do we
become less dependent or how do we become independent of the Saudis or
the Kuwaitis or others who have so much oil?
Is it a good thing for us to try to become independent? I think it
is. So how do you do that? Well, you do that in a lot of ways, one of
which--an important ``one of which''--is to develop renewable
alternative fuels.
So we are talking about the biofuels. We are talking about ethanol.
We are talking about a lot of different issues--cellulosic ethanol.
Today on the floor of the Senate, we now talk about coal to liquid.
Coal to liquid means taking coal and producing from it diesel fuel.
That coal to diesel is another way of producing alternative fuels.
It is very important, however, for us, as we proceed down this road,
to do this the right way. There is, perhaps, an easy way and a harder
way to do it or a right way and a wrong way to do it, but all of us who
come here talking about alternative fuels, I think, are talking about
the right subject.
This issue of coal is very important. Coal is the most abundant
resource that exists in this country. It is our most abundant. It is
our most secure. It is here. It is the lowest cost American resource.
It is estimated we have over 600 billion barrels of oil equivalent in
coal. Compare that, for example, to the largest oil reserves in the
world, which are held by the Saudis, estimated at about 260 billion
barrels of oil. Again, the Saudis have the largest repository of oil we
know of, estimated at about 260 billion barrels. Our coal has an oil
equivalent of about 600 billion barrels.
Well, the question is: How do we use coal? Because coal has a carbon
footprint, it has an impact on our environment. I am chairing the
Energy and Water Subcommittee on Appropriations. In the accounts I am
now working on with my colleagues, I am going to put a great deal of
money into clean power and into clean coal technology so we can unlock
the mysteries and find ways to continue to use our coal, our most
abundant resource, without in any way injuring our environment. I
believe we can do that. I am going to tell you in a minute an example
in North Dakota that is occurring that holds great promise, in my
judgment.
But we have a lot of experience in burning coal for electric
generation to produce electricity. We have a good understanding of the
challenges we face as a result of that with respect to carbon reduction
in those plants, the coal-fired electric generating plants. We also
have some experience turning coal into synthetic natural gas. The only
plant in the United States in which lignite coal is taken out of the
ground--coal is extracted from the ground and put in a processing plant
to turn coal into synthetic natural gas the only circumstance in the
country where that occurs is on the prairies of North Dakota. It is
interesting that the coal gasification facility is really a technical
marvel--a technological marvel, I should say. It is producing synthetic
gas in a way that is exceeding expectations. It produces very valuable
byproducts, and it does, in fact, produce CO2.
So in this coal gasification plant, with the production of
CO2, which we don't want to admit in great quantities into
the atmosphere because of climate
[[Page 16313]]
change, we have done something that is really pretty interesting. We
capture 5,500 tons a day of CO2 in that plant, put it in a
pipe, and in that pipeline it is transported 205 miles north into
Canada, where it is invested into the ground in Canadian oil wells to
make marginal oil wells more productive. So we have beneficial use of
sequestration of CO2 by piping it to Canada and investing it
into the ground to essentially make their oil wells more productive. It
has sequestered about 7 million tons of CO2 into the Weyburn
Field since the start of the project in the year 2000. It has doubled
the field's oil recovery rate and extended the life of the oilfield by
15 to 20 years. So you talk about beneficial use of CO2--
first of all, capturing it, keeping it from escaping into the
atmosphere, and second, using it for beneficial use. I think this is
the largest example--the largest demonstration of that--in the entire
world.
Now, the question before us today will be a couple of different
presentations on coal to liquid. I support coal to liquid. I believe it
is part of an alternative fuel strategy that makes sense for this
country. But we come to an intersection with energy and climate change,
energy and the environment. It is an intersection a lot of people would
prefer not to approach, but nonetheless we are there. We can't pretend
one doesn't exist. They both exist. They coexist. They have an impact
on each other. The question of how we do coal to liquids is a very
important question in the context of how we continue to use our
abundant coal resource.
Some say the most beneficial use of coal is coal to synthetic natural
gas. I have just described how that is being done. Some say another
beneficial use of coal is coal to plastics. There are many ways and
many approaches to use coal for beneficial use at the same time as we
protect the environment.
We have examples in amendments being offered today of the requirement
of not only life-cycle reductions in emissions--and I believe both of
the amendments have equivalent life-cycle reductions in emissions, but
only one has a carbon capture requirement, which I think, frankly, is
going to be required as we move forward with coal to liquids. We might
debate about where that carbon capture requirement ought to be
established, under what conditions can it be met, but I don't think
there is much choice that we, as we proceed with coal to liquids,
establish a carbon capture standard. I believe the Tester amendment
does that in a way that says, I think for many of us, we fully support
coal to liquids. We also support all of the other technologies that
provide for the beneficial use of coal, which includes, as I have just
described, coal to plastics and coal to synthetic natural gas, and so
on. But as we proceed with coal to liquids, it is very important that
we capture and sequester CO2, just as we do in North Dakota
with this synthetic natural gas plant.
Let me also point out that we have other ways of using coal--biomass
co-fed with coal to produce liquids. We can actually take
CO2 out of the atmosphere with that process. The plants
would capture the CO2 as they grow, and that CO2
would be captured in the gasification process, along with the
CO2 from the coal. So it could be permanently sequestered in
that circumstance. As a result, the overall carbon footprint for coal
biomass to liquids would be better, for example, than with petroleum.
So there are so many different applications and different ways that I
believe coal can play a very important role in this country's future.
As I indicated, I am going to be adding substantial funding with
respect to clean coal technology and the research that is necessary to
unlock the capability, the scientific capability, and technology to be
able to continue to use our abundant coal resources long into the
future.
It makes little difference if we have the equivalent of 600 billion
barrels of oil in coal resources if we can't use them. To say we have
reserves equivalent to 600 billion barrels of oil, if you can't use
that coal, it means very little to this country's future. I believe,
when you take a look at the most abundant resource, we need to be able
to use it, but I also understand and believe we need to be able to use
it in circumstances where we can produce in the future a coal-fired
electric generating plant that is a zero-emission plant. I believe that
is possible. Now, can we do it tomorrow? Probably not. But I believe
that through technology, we can accomplish these things.
The same is true with respect to coal to liquids. I don't believe the
debate among those of us who have spoken on this subject today is
whether coal to liquids makes sense. It will contribute as a part of
our alternative fuels to make us less dependent on foreign sources of
oil, and that is something we should all aspire to have happen. But it
will also, as we proceed in this direction, require us to have carbon
capture and sequestration in a manner that is meaningful.
One of the amendments today will establish a 6-billion-gallon
requirement. I believe essentially the same amendment a couple of weeks
ago said it should be 21 billion barrels as a mandate or requirement. I
don't know where those numbers come from. I just believe, as I think
most who have spoken believe, that we have to move in the direction of
making coal to liquid work in a way that is compatible with this
country's environmental needs.
So I am going to support the Tester amendment. I hope that at the end
of the day, we will have received a message here from the debate in
this Congress that says: Yes, alternative fuels make sense; coal to
liquids makes sense; so, too, do carbon sequestration and carbon
capture.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Ohio is recognized.
Mr. BROWN. Mr. President, I ask unanimous consent to use Senator
Tester's time for up to 5 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Employee Free Choice Act
Mr. BROWN. Mr. President, I rise to speak for a moment on the
Employee Free Choice Act, the legislation we will be considering this
week and legislation which will, frankly, help to build the middle
class. That is something I know the Presiding Officer spoke about in
Pennsylvania often in the last year, as I did in Ohio.
We know what has happened to manufacturing jobs in this country, many
of them good-paying union jobs. In my State, we have lost literally
hundreds of thousands of them--more than 3 million in the last 5 years
nationally. We know what has happened as profits and wages have gone up
in this country--excuse me--as profits and top executive salaries have
gone up. We know that for most Americans, their wages have been
stagnant. Part of that is the decline of unionization. Poll after poll
after poll shows that most people in this country, if presented with
the opportunity, would like to join a union, but most are denied that
opportunity because of the kind of workplace they are in oftentimes but
oftentimes simply because management--employers--is able to beat back
any kind of unionization effort.
That is the importance of the Employee Free Choice Act. Let me
illustrate by an example. The Presiding Officer and I sit on the
Agriculture Committee together and one day back in February, our first
month on the job--roughly the first month--we heard from a woman from
southwest Ohio who came and testified on food stamps. The food stamp
benefit in this country on the average is $1 per person per meal. She
and her son, as a result, get about $6 a day in food stamps. She works
full time. She is a single parent with a 9-year-old son. She is the
president of the local PTA of her son's school. She teaches Sunday
school, and she volunteers for the Cub Scouts for her son. She works
full time making about $9 an hour. She is a food stamp beneficiary. She
occasionally makes her son pork chops, which he likes to eat once or
twice at the beginning of the month. During the first couple of weeks,
she takes him to a fast-food restaurant once or twice. Almost
invariably, the last couple of days of the month, she sits at the
kitchen table with her son, just the two of them, and she says she
doesn't eat.
[[Page 16314]]
He says: Mom, what is wrong?
She says: I am just not feeling well today, son.
She has run out of money. It happens almost every month. She is
playing by the rules. She works hard. She is doing almost everything we
ask. She is involved in the community.
My belief is that, through talking to people like her, if she had the
opportunity to join a union, she would see several things happen. She
would see a higher wage. She would be more likely to have health
insurance to build toward a pension. All the things everybody in this
institution has, everyone who sits in the U.S. Senate--everyone who
works in this institution, on that side of the Capitol or on this side
of the Capitol, has health care, has a decent wage, and has a decent
pension.
The single force that gives people an opportunity for health care, a
decent wage, and a decent pension is unionization. We know that. If you
trace the numbers of people joining unions and you draw a graph about
wages in this country, the lines are almost parallel. We are a more
productive workforce than we have ever been. Yet wages have not kept up
with productivity. When you measure, for decades and decades in our
country, as productivity went up, wages went up. But during the last
few years, as productivity has gone up sharply, wages have continued to
remain stagnant. That is in large part because of the decline of
unionization.
That is the importance of the Employee Free Choice Act. That is why
it matters to our country. That is why it matters for building a strong
middle class. That is why the Senate this week should pass the Employee
Free Choice Act.
Mr. President, I ask unanimous consent that at 2:15 today, there be
60 minutes remaining for debate with respect to the Bunning and Tester
amendments, that the time be equally divided and controlled, and that
the remaining provisions of the previous order remain in effect.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
RECESS
Mr. BROWN. Mr. President, I ask unanimous consent that the Senate
stand in recess under the previous order.
There being no objection, the Senate, at 12:41 p.m, recessed until
2:15 p.m. and reassembled when called to order by the Presiding Officer
(Mr. Carper).
____________________
CREATING LONG-TERM ENERGY ALTERNATIVES FOR THE NATION ACT OF 2007--
Continued
The PRESIDING OFFICER. There are 60 minutes equally divided under the
Bunning and Tester amendments.
Who seeks time?
The Senator from Kentucky is recognized.
Amendment No. 1628
Mr. BUNNING. Mr. President, I rise to talk about the Bunning, et al.,
fuel amendment No. 1628. Senator Hatch has asked to be listed as a
cosponsor. I ask unanimous consent that he be added as a cosponsor.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BUNNING. Mr. President, for too long America has ignored its
energy security. Many of us can remember the energy crisis in the
1970s. We were held ransom by a monopolistic oil cartel and forced to
endure shortages, gas lines, and high prices. In the early 1980s, just
as America began to invest in alternative fuels, the oil-producing
states of the world crashed prices to make new technology
uncompetitive. During most of the last 25 years, we have enjoyed low
prices and plentiful supplies. But we have had to pay a price. Today,
we find that America is addicted to oil.
September 11, 2001, and the hurricanes in the gulf region have shown
the fragile state of our energy markets. Domestic disasters and
terrorism can send energy prices spiraling out of control. Our energy
resources are stretched to the limit and small supply disruptions
ripple throughout the entire economy. I believe all Americans, as they
see continued instability in the Middle East, China, and India, and
sustained gasoline prices around $3.50, $4 a gallon, can see an energy
crisis on the horizon.
As you can see from the chart I have here, our production of energy
has almost stayed completely flat and will stay completely flat until
about 2025, unless we do something about it. On the other side, our
consumption continues to escalate. So the difference between the two is
the crisis at which we are now looking.
This year alone, we will send about $250 billion to foreign
countries--mostly in the Middle East--to buy oil, adding to the $7
trillion we have already spent in the last few decades. America has
become complacent and overdependent on imported oil. No matter what
energy prices are, we need to take responsibility for our reliance on
imported energy and develop a secure, domestic fuel source.
I believe part of that effort should be developing coal to liquid
fuels. America happens to be blessed with significant coal reserves.
Coal powers our homes and businesses. Fifty-two percent of our
electricity is derived from coal. It has long been America's most
abundant fuel resource and has driven our economic growth since the
Industrial Revolution. Coal to liquid technology lets America
capitalize on a domestic resource. Every dollar invested in coal to
liquid production will stay in America, grow our economy, and create
jobs. By displacing payments to foreign oil companies with domestic
investment, we will actually increase the amount of funding available
for other alternative fuels. It will lower energy prices for American
families, improve the environment, create thousands of jobs, and bring
billions of dollars in new investment to our local communities.
Many of you may be asking one question right now: If this technology
is so great and could replace expensive imports from the Middle East,
why hasn't it been done already?
The answer is simple: Costs and market uncertainty. A typical size
coal to liquid plant costs between $3 billion and $5 billion to
construct. With complicated plans and environmental permits, a new
plant could take 5 to 8 years to build. This is a challenge for even
the biggest risk takers on Wall Street. Raising the capital needed to
develop a new technology is always difficult, but the multibillion
dollar investment scale of a coal to liquid plant has made it nearly
impossible.
On top of this is the uncertainty of the price of oil. Yesterday, oil
hit $69.09 cents a barrel--an all-time high. Soon we will be seeing $70
prices on a barrel of oil. We have seen this dramatic rise in the last
few years. But investors are concerned that oil prices could drop to
the low levels of the 1980s and make coal to liquid plants
uncompetitive again.
But even if oil prices were to drop that low in the next few decades,
I believe CTL would more than pay for itself by insulating us from
supply shocks and providing a secure domestic fuel source for our
military, businesses such as airlines and trucking, and the average
American car.
The challenge for America is to leverage the private investment
required for these large, expensive plants. U.S. investors remember the
last time synthetic fuels were promoted in the 1970s, and remember the
losses they took as oil prices collapsed in the 1980s. The scale of
investment, uncertainty of oil prices, and a complicated environmental
permitting process have prevented the industry from taking root in the
United States.
We need to take aggressive steps now to ensure that America does not
continue to face high heating and gasoline costs and rely so heavily on
unstable and dangerous parts of the world for our energy. I believe the
answer is to provide Government support to get coal to liquid
technology off the ground. At least it is one of the things we must
consider.
With modest initial investments, we can kick-start the industry and
then the Government will get out of the way and let the marketplace
take over. I would rather the Government not have any involvement in
coal to liquids, but this industry needs assistance because
[[Page 16315]]
of the threat of OPEC, oil tyrants like Hugo Chavez, and technology
challenges.
While these are legitimate challenges facing coal to liquid, another
issue has become more and more prominent during this debate. In the
last few weeks, the environmental rhetoric has been strongly against
coal fuels. Unfortunately, too many people have repeated it without
checking the facts. The picture opponents of coal paint is far from the
truth about our fight for energy independence. It shows the same
misinformed biases found in anti-coal advertisements and environmental
newsletters.
I want to tell you clearly and without reservation that coal to
liquid fuel will be a clean part of our energy future.
I want to show you another chart. While some may remember urban
diesel pollution problems, coal to liquid will be significantly cleaner
than existing fuels in terms of air pollutants such as sulfur,
particulate matter, nitrogen, and aromatics. Air Force tests,
laboratory tests, and environmental reports all show that coal to
liquid fuels will reduce the air pollutants that pose a threat to human
health.
As you can see when you compare diesel and well-to-wheel urban
emissions, compared to low-sulfur, petroleum-based diesels, you can see
organic compounds, carbon monoxide, pollutants, particulate matter, and
SOX, all decreasing in the coal to liquid area. But all of
these improvements and the promise of energy security are wiped away by
misleading claims that coal to liquid would produce twice as many
carbon emissions as conventional fuel. That is not true.
The production of coal to liquid fuels does release carbon twice--
once during gasification and another when burned like conventional
fuels in engines. But that does not mean coal to liquid plants have to
release twice as much carbon emissions.
My amendment requires carbon capture--listen to this. I hope some
people in their offices are listening to this. My amendment requires
carbon capture, but recognizes that there are limits to this technology
today. Carbon capture is only part of the emissions model. Nearly all
of the developers we have worked with want to use biomass coal-blended
feedstock to achieve emissions reductions.
Believe me, I have studied coal to liquid extensively. Reports from
the EPA, DOE, Princeton University, and the Idaho National Laboratories
has shown the coal to liquids lifecycle greenhouse gas emissions rate
will vary dramatically based on the technology, feedstocks, and process
used. These researchers have shown that the coal to liquid process
could one day produce a fuel that is carbon neutral. I will repeat
that. These researchers have shown that the coal to liquid process
could one day produce a fuel that is carbon neutral--no carbon
emissions. This is not pie-in-the-sky research. Using some of the same
ideas, a planned plant in Ohio--one that will need some Government
support to get started--will produce coal to liquid diesel that has 46
percent less carbon emissions than diesel fuel made presently from
oil--46 percent less.
On chart 3, we show greenhouse gas emissions. This chart shows the
life cycle of greenhouse gas emissions of different kinds of fuel based
on the analysis of the Idaho National Lab. On the left, we have diesel
fuel, coal to liquid fuels with no environmental technology, coal to
liquid that uses carbon capture, and coal to liquid that uses carbon
capture and biomass. As we can see by the chart, coal to liquid can be
very clean. That is our goal.
For comparison, I included gasoline and ethanol blends on the right.
If we support coal to liquids and let the industry develop these carbon
capture and biomass technologies, we will reduce emissions more than
corn-based E85 and more than cellulosic E10. That is currently what
everybody wants to do. E85 is the big savior. The new cellulosic
ethanol, E10, is the big savior. As we can see by this chart, that is
not true because the emissions at the end of the line with cellulosic
E10 and corn E85 are all higher than the coal to liquids mixed with
biomass. That is the truth. Those are facts.
The sector should be given time, just as everyone else, to develop
the best technology and not rely on Congress to pick it for them. That
is why my coal to liquid fuel amendment sets the environmental standard
for coal to liquids at the same aggressive 20-percent life cycle
reduction that Chairman Bingaman requires for biofuels. The very same
reduction that Chairman Bingaman in his Energy bill requires of
biofuels is the one I have in this amendment. Every gallon of coal-to-
liquids made with the help of my amendment would meet this standard and
would be a gallon of oil we do not have to buy from the Middle East.
While I have shown that limited Government support is necessary and
coal to liquid fuels will be as clean as biofuels, another reason to
support coal to liquid fuels is national security.
I want my colleagues to look at this chart because this is the most
important part of coal to liquid technology, and putting it on this
Energy bill.
The military is the largest single purchaser in this country, and the
Air Force consumes 50 percent of this total. I have spoken many times
with the Secretary of the Air Force, and I am proud to say he has taken
the lead on developing this domestic resource.
Last year, the Air Force spent nearly $7 billion--$7 billion--alone
on aviation fuels, which was over budget by $1.6 billion. For every $1
change in the price of a barrel of oil, it costs the Air Force about
$60 million a year. That dramatic impact is 10 times worse for our
commercial airlines.
As we can see, if we do it the right way, we can produce enough of
our aviation fuel from this technology with a change in the way the Air
Force buys their fuels. If we change it from 5 to 20 years in terms of
the amount of time they can contract for, we can have this kind of
dramatic impact for our military.
With this in mind, last summer, the Air Force tested jet fuel with a
50-percent mix of Fischer-Tropsch fuel--that is the coal to liquid
process--in a B-52 bomber. The results of these tests so far are
nothing short of outstanding. We already knew these fuels are nearly
zero in sulfur and very low in nitrogen oxide and particulate matter
emissions, but we are learning very new benefits.
During these tests, the Air Force demonstrated this fuel we are
talking about burns significantly cleaner and burns significantly
cooler than conventional jet fuel. These characteristics allow our jets
to have a smaller radar profile and lower heat signature. And these
advantages translate into better mileage, reducing both fuel costs, as
well as greenhouse gas emissions.
In light of this successful assessment, the Air Force plans to test
this fuel in the C-17 cargo plane this year, and it is embracing the
goal of certifying the entire fleet of aircraft by 2016.
By that time, the Air Force intends to meet 50 percent of its annual
fuel needs, more than 1.3 billion gallons, with Fischer-Tropsch fuel.
Coal-to-liquid fuel will provide a safety net for our military to
ensure a stable fuel supply regardless of the global politics of oil,
but only if we build a domestic industry to make the fuel for them.
Let me turn to the two amendments we will consider today. I am asking
that my colleagues support the Bunning-Domenici amendment that I have
offered with Senator Craig, Senator Enzi, Senator Martinez, and Senator
Hatch. Our amendment is the only amendment that will help create a
domestic coal to liquids industry, is a separate program that will not
compete with biofuels in any way, requires coal to liquids meet the
same 20 percent life cycle reduction of greenhouse gases that biofuels
must meet--the rest of this bill requires that--requires coal to liquid
facilities to capture carbon dioxide, and mandates only one-sixth as
much fuel as the renewable fuel standard.
I am also urging my colleagues to oppose the Tester-Bingaman
amendment. This amendment is not--and I emphasize this--is not a coal
to liquid amendment. It sets an irresponsible environmental standard
and will just kick Government support for this fuel into the future.
[[Page 16316]]
Their amendment is opposed by 23 members of the coal to liquid
coalition, including industry, airlines, railroads, and others.
It sets strict technology mandates for emissions that will stifle
innovation and prevent nearly all domestic coal to liquid plants from
moving forward.
It limits the availability of the loan to 50 percent of the plant
cost, making it less effective than the already existing DOE program
that we passed in 2005.
It will take years in DOE rulemaking before the first dollar is ever
allocated for a plant.
In the greatest deception of all, it does not require coal to be used
in the coal to liquid process.
Let me say that again so everybody understands. The biggest deception
of all is that the Tester-Bingaman amendment does not even require coal
to be used in the coal to liquid process.
I am committed to the coal-to-liquid fuel as a secure domestic and
environmentally sound fuel. The Tester amendment looks at coal-to-
liquids as an afterthought. I think my proposal should be adopted for
any one of a dozen arguments that we have made for coal to liquid
fuels. It will create jobs, bring down the price of fuel, bring down
the price of what we pay at the pump, fuel our military, but basically
displace foreign oil, enhance our national security, add value to our
coal resources, and improve our environment.
But my final and perhaps most important point is that coal to liquid
fuels deserve fair treatment. I ask that my colleagues look at what we
have done for biofuels in America and the benefits we have given to our
farmers. Communities throughout the Midwest are uniting to invest in
ethanol and biomass. Money from Wall Street is flowing into our rural
communities, developing infrastructure and creating jobs. In many parts
of America, I have seen new hope in agriculture and new ways for
farmers to realize greater values for their crops.
It all started with the ethanol fuel mandate. My amendment will
create the exact same mandate for coal to liquid fuel with the same
environmental standards. I think our coal communities deserve the same
support we gave our farm community.
Will you tell the Governors of the Southern States, Pennsylvania,
Ohio, Illinois, North Dakota, Colorado, Nevada, and Montana that you
oppose their efforts to bring coal to liquid plants to their States?
Will you tell the men and women who serve as coal miners,
construction workers, truckdrivers, train conductors, and plant
operators that they deserve less support than our farmers?
Will you tell all Americans that you would rather keep buying oil
from the Middle East instead of making fuel in America?
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Colorado is recognized.
Mr. SALAZAR. Mr. President, parliamentary inquiry: How much time
remains on either side?
The PRESIDING OFFICER. The Senator from Kentucky has 50 seconds--5-0
seconds--remaining and the majority side has 30 minutes remaining.
Mr. SALAZAR. Mr. President, I ask unanimous consent that I be
recognized to speak for 10 minutes in support of the Tester amendment,
followed by 10 minutes for Senator Bingaman.
The PRESIDING OFFICER. Without objection, the Senator from Colorado
is recognized for 10 minutes.
Mr. SALAZAR. Mr. President, I rise today to speak on behalf of
amendment No. 1614, which is the amendment Senators Tester, Byrd,
Rockefeller, Bingaman, and I are cosponsoring today. Before I make my
prepared remarks, let me make a couple of introductory remarks.
The work we are doing today here on the floor of the Senate is
perhaps the most important work we could be doing, because how we move
from our current chaos on energy here in America to the reality of
energy independence is the hallmark of the 21st century. It is an
absolute imperative for us to get to the kind of energy independence
that has been desired in this country for over 40 years and which has
been the topic of much rhetoric and very little action. This is our
opportunity, today and in the days ahead, as the Senate speaks out
loudly and clearly about the importance of energy and how we will move
forward in this world.
From my perspective, I believe we have no choice. I believe the
inescapable forces of our civilization today require us to do nothing
less than to embrace this concept of a clean energy future with the
sense of moral imperative President Carter spoke about over 30 years
ago. I believe there are three inescapable forces that are with us
today.
First, there is national security. When we see the rockets that are
raining down from Hezbollah and northern Israel, one has to ask, where
is that money coming from that is funding those rockets; and where is
that money coming from that is funding 10,000 members of the militia?
We know it is coming from the $67 per barrel being paid today for oil
that is imported from those countries. Today, indeed, when one looks at
the fact that, for instance, in March it was 66, 67 percent of the oil
we use in America that was imported from foreign sources, our national
security requires us to make sure we move forward with this imperative
before us today.
Secondly, there are environmental security issues in how we deal with
climate change. I think it is finally a reality here in America that
our world needs to deal with the issue of climate change in a realistic
way. We need to do it now. We cannot wait. Even the President of the
United States, who appeared to be a person who didn't believe in global
warming, in his State of the Union speech as he addressed the Congress,
said he wanted the Congress this year to address the issue of global
warming.
The third and inescapable force which should compel us to move
forward on the issue of energy has to do, again, with the economics of
our Nation and making sure we are not subject to the volatility we have
seen so often in the past. That is why I come to the floor to speak on
behalf of the coal gasification amendment for which Senator Tester is
the lead sponsor. What we are proposing fits very well into making sure
we are adopting this clean energy future.
I am not against the development of coal. I know what coal is in the
West, in places such as Montana and other places, places such as my own
State of Colorado, where the coal miners in the mines on the western
slope know the importance of coal and the importance of clean energy.
The amendment we have introduced will help us reduce our independence
on foreign oil by making better use of our vast coal resources here at
home. Fuels, fertilizers, chemicals, and consumer products derived from
coal, if produced responsibly with coal gasification technology, can
replace much of the imported oil we use on a daily basis.
Coal is to the United States what oil is to Saudi Arabia. It is our
most abundant domestic energy resource. It produces more than 50
percent of our electricity. As a nation, we have enough coal to last
more than 200 years. Until recently, however, coal has not been a
legitimate replacement for oil. With old technologies, coal
gasification resulted in high CO2 emissions, which caused
global warming. Without carbon capture technology, CO2
emissions from liquid coal, a product of the coal gasification process,
are twice that from conventional fuels. This poses an unacceptable risk
to our environmental security. So as we try to deal with CO2
emissions, we ought not embrace a policy or technology that will
increase our problems with respect to CO2 emissions.
Fortunately, we have new technologies, and those new technologies
offer us a way to use coal in our transportation sector and other
sectors of our economy in an environmentally responsible manner. Not
only can we sequester the carbon produced in the gasification process,
but we are able to produce a wide range of materials that are currently
being made from oil and natural gas, including diesel fuel, plastics,
fertilizer, chemicals, and a wide range of household items.
[[Page 16317]]
Senator Tester and I and the other cosponsors of this amendment have
included in this amendment a framework for how we proceed with coal
gasification in a responsible manner. Our amendment has four main
components.
First, it provides $10 billion in direct loans for the construction
of low emission coal gasification plants.
Secondly, our legislation will establish a grant program that will
help spur construction of a new generation of coal gasification plants.
The grants will be up to $20 million for any one project or $200
million nationwide. They will be awarded to projects that use a variety
of feedstocks such as coal and biomass and which have carbon emissions
that are 20 percent lower than conventional baseline emissions.
The third component of our amendment is a set of studies that will
help us determine the opportunities that might be provided with greater
use of coal and moving forward with liquid production of coal. The
amendment commissions a study of the benefits of maintaining coal to
liquid products in the Strategic Petroleum Reserve. It also requires
the administrator of the EPA to examine the emissions of coal-based
products that are used as vehicle and aviation fuel.
Fourth, the legislation also provides additional funding for the Air
Force research lab to continue its development and testing of synthetic
fuels for use in jets.
The amendment that Senator Tester, myself, and others are proposing
is a reasoned way of making better use of our vast coal resources here
at home. It recognizes that coal can replace much of the imported oil,
but it also creates a rigorous carbon emission standard for these new
coal gasification projects to meet in order to get Federal support. We
simply cannot afford to dump excess carbon into the atmosphere, and
this amendment ensures we won't.
I once again thank Chairman Bingaman and Senator Domenici for their
leadership on the overall bill.
Before I conclude, I want to make a comment with respect to a
statement made on the other side with respect to a competing amendment.
The essence of the competing amendment is to say it is the end of the
world for coal if we don't adopt the amendment that is being proposed
by my good friend from Kentucky. As I said earlier, we are not anti-
coal. Both of us who are sponsoring amendments are from coal-producing
States. We believe coal is very much an item that has to be in our
portfolio in the future.
I have a letter, however, in which Dow Chemical says they are fully
supportive of Senator Tester's amendment, and one of the conclusions
they reach, in support of the amendment is that:
Dow Chemical believes the environmental standards in the
bill are achievable.
It says:
The requirement that 75 percent of the carbon dioxide
generated is captured will ensure that all companies prepare
for long-term CO2 management. This will help drive
action to make carbon capture and storage a reality sooner
than later.
In conclusion, I urge my colleagues to join us in support of
amendment 1614 because it is the most responsible way to proceed as we
deal with energy independence as well as dealing with the issue of high
emissions.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The majority side has 20 minutes 40 seconds
remaining, and on the minority side there are 50 seconds remaining.
The Senator from New Mexico.
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the
minority side be given an additional 5 minutes, and would note that
Senator Domenici and Senator Craig are here to use that time.
The PRESIDING OFFICER. Without objection, it is so ordered.
Who seeks time?
The Senator from Idaho is recognized.
Mr. CRAIG. Mr. President, I will talk quickly in 2 minutes.
I come to support the Bunning-Domenici amendment of coal to liquids.
It is quite simple. I look at it in rather black-and-white terms. A
vote for coal is a vote against Saudi Arabia. A vote for coal-to-
liquids is a vote against Hugo Chavez. A vote of coal-to-liquids is a
vote against Nigeria and for our own production.
The Senator from Colorado talks about America always laying the claim
that we are the Saudi Arabia of coal, except we are rapidly deciding we
are not going to use it for anything. Now, if we are going to use it,
and it is the great energy supply, then we have to make it cleaner, and
that is clearly the technology at hand.
One of the ways to do so, and not only to use it for transportation
fuels, is to run it through the liquefication process. And who is the
expert in the field of testing it? The Idaho National Laboratory,
working with Baard Energy, looked at the Ohio projects--46 percent
cleaner. If you add biomass to it, 30 percent biomass to sequester the
carbon dioxide and the combined cycle cogeneration process, that is
what you get.
Now, isn't that a technology worth passing on to China, which is the
largest emitter, or soon will be, producing more emission with less
economy of CO2 than the United States? I think it is time we
pushed all technologies, and if they are cleaner, they are better.
The argument here is they have to be perfect before we do them. I
would suggest that perfect may not be possible, but 50 percent cleaner
or more is possible, and that is where we ought to go. That is where
the Bunning amendment takes us.
I tell you what I am going to do; I am going to vote for Senator
Bunning's amendment, and I am going to vote against Saudi Arabia.
Mr. DOMENICI. Mr. President, I think I have, what, 3 minutes
remaining?
The PRESIDING OFFICER. The Senator has 3 minutes 35 seconds.
Mr. DOMENICI. Thank you very much, Senator Larry Craig, for those
comments.
Now, let me say we have a similar situation to the one we had here in
the last 2 or 3 days on the 15-percent wind mandate--RPS. We have two
amendments out here, and all of a sudden we find out neither of them is
going to have the votes. I am afraid what has happened here is we have
two amendments and neither is going to get the votes if the Senate
doesn't consider the difference between these two bills and vote for
the one that is most apt to accomplish the purpose we set out in a coal
to liquid amendment.
The Tester-Bingaman amendment, No. 1614, in this Senator's opinion is
only a long shot that we are going to get a lot of incentives for coal-
to-liquid. There is $10 billion in direct loans. That is nice for
everybody. We are going to have $10 billion to loan, but it is loanable
on a number of things beyond coal-to-liquid. I predict the money is
going to go to those other things because it is so hard to reach the
calibration required in this amendment of coal-to-liquid.
In the Bunning amendment, there is a long time to work on it, until
2016, and a given amount of that liquid will be purchased and they can
get ready for it to be purchased. But the standard is clearly
achievable because it is the same 20 percent we are going to require of
ethanol and of the other programs we are achieving, and we are saying
do the same thing. They are not saying that in the Montana amendment--
do the same as we have done for the other fuels. I am afraid we are not
going to get there and the money is going to get loaned for the wrong
things before we are finished. In competing between the two, both are
going to die. I suggest that colleagues vote against the amendment of
the Senator from Montana and for the one of the Senator from Kentucky
if you want to get coal-to-liquid started.
Mr. BINGAMAN. Mr. President, how much time remains?
The PRESIDING OFFICER. The majority has 20 minutes 15 seconds, and
the minority has 53 seconds remaining.
Mr. BINGAMAN. Mr. President, I will take 5 minutes. I know Senator
Tester is here and wishes to speak. I understand Senator Kerry and many
others wish to speak also.
The issue between the two amendments is what our focus should be,
when we think about the future of coal, are we sure the best use of
coal and the
[[Page 16318]]
best future for coal is in the developing of transportation fuels? In
my view, that is what the Bunning amendment concludes.
The Tester amendment, to the contrary, takes a broader view of the
future of coal. I believe we want to enable the development of many
potential uses of coal that are both environmentally and economically
sound. We should not be focused on commercializing in large-scale uses
of coal that do not make good sense in the marketplace.
First, let me say a couple of things about the Bunning amendment.
There are currently no large-scale coal to liquid plants in the
United States. The price tag of a typical plant is in the billions of
dollars.
The Bunning amendment purports to require that coal-derived fuels be
20 percent better than gasoline. But we have an apples-to-oranges
comparison here because coal-to-liquids plants will produce primarily
diesel fuel, not gasoline. The total greenhouse gas emissions from
coal-derived diesels are likely to be greater by about 150 percent than
the emissions from diesels that are powered from petroleum.
The Bunning amendment is technologically limiting, and such uses of
coal as conversion to chemicals, to plastics, and to fertilizer are not
permitted to benefit from the Bunning amendment.
Coal to liquids products mandated by the Bunning amendment have very
large water requirements. Water requirements are estimated to be about
2 gallons for every gallon of coal-derived fuel produced. The Tester
amendment, by contrast, is much more broad in the beneficial uses coal
can be put to, whether to make fuels or fertilizers or plastics or
chemicals.
There are industrial plants in the United States that do use coal
commercially as a feedstock for chemical products.
I have a letter from the president of Dow Chemical which I ask
unanimous consent to be printed in the Record at the end of my
statement.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See Exhibit 1.)
Mr. BINGAMAN. He states as follows in that letter:
On behalf of Dow Chemical Company, I write to offer my
strongest support for Senator Tester's ``Coal Innovation''
amendment.
Simply put, it will allow companies to build gasification
plants in the United States that run on coal, biomass and
other feedstocks, while helping to increase fuel and
feedstock diversity and demonstrate options for carbon
capture and storage. This will result in gasification plants
that are more efficient and help address climate change and
contribute to energy security.
Mr. President, I also have a letter that I want to have printed in
the Record at the end of my remarks from various unions--the AFL-CIO
Building and Construction Trades Department, the Industrial Union, the
United Mine Workers, various others.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See Exhibit 2.)
Mr. BINGAMAN. They strongly endorse the Tester amendment. They
previously were part of a coal to liquids coalition which issued an
earlier letter which has now been rescinded which spoke in favor of the
Bunning amendment and against the Tester amendment, and they say in
their letter that they strongly support the Tester amendment.
Clearly, I think the Tester amendment gives us the best chance of
promoting the use of coal to meet our energy needs in the future, and I
strongly support it and oppose the Bunning amendment. I hope my
colleagues will do the same. I believe this is the right course for us
to follow.
Exhibit 1
The Dow Chemical Company,
Midland, Michigan, June 18, 2007.
Hon. Jeff Bingaman,
U.S. Senate, Washington, DC.
Dear Chairman Bingaman: On behalf of The Dow Chemical
Company, I write to offer my strongest support for Senator
Tester's ``Coal Innovation'' amendment to H.R. 6, the energy
bill pending before the Senate. Simply put, it will allow
companies to build gasification plants in the United States
that run on coal, biomass and other feedstocks, while helping
to increase fuel and feedstock diversity and demonstrate
options for carbon capture and storage. This will result in
gasification plants that are more efficient, help address
climate change and contribute to energy security.
Dow is excited by the prospect of this legislation being
enacted. As you know, Dow is one of the world's largest
chemical companies and is heavily reliant in the U.S. on
natural gas and oil as raw materials for the products we
manufacture. High and volatile prices for these inputs have
caused the company's energy bill to swell three-fold since
2002, reaching $22 billion last year, and have forced us to
look to other parts of the world for our growth.
In an effort to address this problem, and to help sustain
our operations here, we have expressed interest in utilizing
industrial gasification technology and in leading a
consortium in the U.S. to demonstrate it on a commercial
scale. A company like Dow could be a major purchaser of the
syngas and/or the naphtha that these plants produce. As you
know, the military also has a high interest in taking syngas-
based liquid fuels.
Dow would be able to make virtually all of the products we
currently make from natural gas liquids by substituting coal,
biomass or a combination thereof. The ability to manufacture
products like plastics, fibers and coatings would help to
optimize the carbon footprint of a project, since a portion
of the carbon would reside in finished goods that are not
burned. However, one major hurdle for any would-be plant
sponsor is the financing. The direct loans in the amendment
would go a long way toward helping to get these types of
plants built, and help provide, in the long run, a lower cost
alternative to oil and natural gas.
In addition, Dow believes that the environmental standards
in the bill are achievable. The requirement that 75% of the
carbon dioxide generated is captured will ensure that all
companies prepare for long-term CO2 management. This will
help drive action to make carbon capture and storage a
reality sooner rather than later.
Thank you for your and your staff's attention to this
issue, which is critical to American manufacturing, the
economy and our energy security. Please let us know if there
is any way we can be of assistance on this matter.
Sincerely,
Andrew N. Liveris,
Chairman and CEO.
____
Exhibit 2
June 18, 2007.
Dear Senator: On June 13, 2007 the Coal-to-Liquids (CTL)
Coalition sent you a letter purporting to have the support of
the undersigned labor unions and organizations. The CTL
Coalition did not clear this letter with us before sending
it. We regret that this letter created the mistaken
impression that our organizations had arrived at a position
on the issues addressed in the June 13 letter.
Unfortunately, this unauthorized correspondence has been
misconstrued to mean that our organizations oppose an
amendment that Senators Tester, Byrd, Rockefeller, Salazar,
and Bingaman are expected to offer later this week to the
Creating Long-Term Energy Alternatives for the Nation (CLEAN
Energy) Act of 2007 (H.R. 6).
On the contrary, we strongly urge your support for the
Tester-Byrd-Rockefeller-Salazar-Bingaman amendment to
establish a coal innovation direct loan program. This $10
billion program would enable America to build successful
large-scale facilities to demonstrate carbon dioxide capture
for coal conversion technologies, which is essential to
guarantee the viability of coal into the future. The coal
innovation direct loan program would create thousands of U.S.
jobs in mining, construction, and operation.
We believe strongly that coal can be both an economically
and environmentally responsible choice for America's energy
security. To realize the potential of coal, America must make
significant investments to prove the new technologies vital
to its future. We therefore urge you to support the Tester-
Byrd-Rockefeller-Salazar-Bingaman amendment.
Sincerely,
AFL-CIO Building and Construction Trades Department.
AFL-CIO Industrial Union Council.
International Brotherhood of Boilermakers.
International Union of Operating Engineers.
Laborers International Union of North America.
United Mine Workers of America.
Mr. BINGAMAN. I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
The PRESIDING OFFICER. The Senator from Montana.
Mr. TESTER. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. TESTER. Mr. President, I wish to speak in opposition to amendment
[[Page 16319]]
1628, the Bunning amendment, for a number of reasons.
No. 1, this is a mandate to develop the gallonage from coal-to-
liquids. I don't think it is the right direction to go. This
amendment--folks have been using apples and oranges to compare
greenhouse gases. The Bunning amendment says coal-to-liquids will be 20
percent better than gasoline, but coal-to-liquids does not produce
gasoline-equivalent fuel, they produce the equivalent of diesel fuel,
and that is 150 percent higher in greenhouse gas emissions than diesel
produced from petroleum.
The third thing, it is technology-limiting. Fuels produced from coal
are only allowed under the Bunning amendment rather than articles such
as fertilizer, chemicals, and plastics, as my amendment does.
Finally, there is no path to coal's future in a carbon-constrained
world with the Bunning amendment--no requirement to deal with the
carbon dioxide produced in the coal to liquids plants, no technology
incentive to keep coal viable into the future, which we absolutely
need. If and when our greenhouse gases are regulated, these plants will
not be economic, and the cost to the consumers of the Bunning mandate
will soar.
I have seen many signs up today, placards, talking about how coal-to-
liquid technology is automatically less than petroleum. That is not
correct unless you have carbon capture. The Bunning amendment does not
allow for carbon capture. My amendment does.
With that, I would certainly suggest and request that the body vote
against the Bunning amendment and support the Tester amendment No.
1614.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
The PRESIDING OFFICER. The Senator from Pennsylvania.
Mr. SPECTER. 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. SPECTER. I ask unanimous consent to be permitted to speak for up
to 5 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SPECTER. I have sought recognition to speak in favor of the
amendment which will be voted on later this afternoon which provides
that we would lift the antitrust exemption which is now held by the
OPEC nations.
There have been judicial interpretations holding that the OPEC
countries have sovereign immunity from prosecution under the antitrust
laws, and it is my legal judgment that the limited judicial holdings in
this field are erroneous because there was a well-accepted exception to
the sovereign immunity doctrine where there is commercial activity
involved. But in any event, there is no doubt that the Congress of the
United States has the authority to legislate in the field, and I
believe it would be very crucial to remove the antitrust exemption
which the OPEC nations now have.
We have a crisis--a strong word but I think an accurate word--on
gasoline prices today. The price of crude oil has been hovering around
$65 a barrel. The American people are paying on average more than $3 a
gallon for gasoline. Consumers are paying more for products because
American companies have to pay more to manufacture, and without going
into great detail, there is no doubt that there is a crisis in the
field.
This legislation has been acted on in the past--in the 109th Congress
when I chaired the Judiciary Committee--and it has been reintroduced
this year. Senator Kohl is the chairman of the Subcommittee on
Antitrust and has taken the lead, and we have a very impressive list of
sponsors: Senator Leahy, Senator Grassley, Senator Biden, Senator
Coburn, Senator Feingold, Senator Snowe, Senator Durbin, Senator Boxer,
Senator Lieberman, Senator Schumer, Senator Sanders, as well as my own
cosponsorship of this legislation.
I have been interested in this subject for more than a decade because
I think the antitrust exemption which they enjoy ought not to be. I
wrote to President Clinton in his term in office--and received no
answer on the subject--a very lengthy letter which I put in the
Congressional Record when I spoke on this amendment last week. I
followed it up with a letter to President George Bush on the same
subject. We passed the amendment last year. As I say, it was dropped in
conference. We are asking for a rollcall vote on it this time because
the practical realities are, if it gets a very strong vote--and I
anticipate it will--it will have more stature when it gets to
conference.
I urge my colleagues to support this amendment to eliminate the
conspiracy, the concerted action where the OPEC nations get together in
a room, reduce supply, and that raises the price. This is an important
amendment, and it will contribute to reducing the price of gasoline at
the pump.
I yield the floor.
The PRESIDING OFFICER. Who yields time?
Mr. BINGAMAN. Mr. President, how much time remains?
The PRESIDING OFFICER. Roughly 9 minutes for the majority, and there
is no time remaining for the minority.
Mr. BINGAMAN. Mr. President, let me ask the Senator from Montana if
he wanted to use the remaining 9 minutes or some lesser amount of that.
We can go ahead and go to a vote whenever you are finished with your
statement.
The PRESIDING OFFICER. The Senator from Montana.
Mr. TESTER. I just want to talk about my amendment, 1614, as long as
we have time to do that, very quickly recap it because I think it is
important that we know the facts.
First of all, we have enough coal in this country, if it is used at
the current rate, to last us for 250 years. We need to develop it
responsibly. This amendment for coal-to-liquids will develop it
responsibly. What it does is it provides grants and loans for clean
coal technology. Let me tell you the parameters because some folks have
said this can't be achieved.
In front of the Senate Finance Committee, it was testified that it is
entirely capable, with the technology we have today, to have 85 percent
carbon capture. This amendment requires 75 percent carbon capture.
The National Mining Association said that with coal to liquids,
adding some biomass with the coal, we could achieve 46 percent less in
life cycle greenhouse gases than comparable petroleum--46 percent less.
This amendment requires 20 percent less. This amendment is entirely
doable by the industry. If we want to develop our coal resources in a
manner that meets the needs of consumers as well as being able to
develop our coal resources in a responsible way that would not trash
the environment when climate change is such a huge issue in the world,
we need to step forth and adopt this amendment.
I could go into the amendment further and talk about the potential of
replacing foreign oil. I could talk about how it is a win-win situation
for the country overall, as far as achieving energy independence, as we
push this bill forward that deals with renewables such as biofuels and
wind and solar and geothermal. The fact is, with this amendment there
are no bogeymen. It is achievable by the industry, and it should be
adopted if we are going to lead this country down the road of energy
independence, a road that will allow the climate change issue to be put
to bed.
By the way, if we pass this amendment, I fully believe, with the two
powerplants a month China is putting on board at 500 megawatts each, we
can also help lead China down a road to clean coal technology.
I would appreciate a ``yes'' vote on amendment 1614.
I yield the floor.
The PRESIDING OFFICER (Mrs. McCaskill). The Republican leader.
Mr. McCONNELL. Madam President, I rise to speak in support of my good
friend from Kentucky, Senator Bunning, and his amendment with the
Senator from New Mexico to establish a program to help support and
promote
[[Page 16320]]
clean coal-to-liquid fuels. Focusing more on coal-to-liquid fuels will
benefit our economy and our national security. Coal is a vital part of
America's energy production, and coal is a vital part of Kentucky's
economy and history. The coal industry creates over 60,000 jobs in my
State, including approximately 15,000 coal miners. Over half the
country's electricity is generated by coal, and coal constitutes over
90 percent of America's fossil fuel resources. That means the coal we
can mine in this country alone would be enough to supply our Nation for
more than 250 years. What Saudi Arabia is to oil, America is to coal.
Therefore, it would be irresponsible of us, not to mention downright
foolish, not to invest in technology to take advantage of this vital
natural resource. That is why I thank my friend Senator Bunning for his
leadership on this issue.
Greater use of coal to liquid fuels will benefit the environment by
reducing emissions of sulfur dioxide, nitrous oxide, particulate
matter, and other pollutants as compared to conventional fuels. The
Bunning amendment also requires that coal to liquid fuels under this
program reduce greenhouse gas emissions by 20 percent relative to
gasoline. Greater use of coal to liquid fuels, which we can generate
here at home, will mean less dependence on foreign sources of oil.
Right now America gets 60 percent of its oil from foreign countries,
many of which do not have our best interests at heart, as we certainly
know. Passing this amendment will mean greater energy independence and
strengthened national security. I commend my good friend and fellow
Senator Jim Bunning, as well as Senator Domenici. Senator Bunning has
been hard at work on this issue for a lengthy time. I thank him for his
dedication to the coal producers and miners of Kentucky and America.
This amendment is the right thing to do for them, for our economy, and
for our national security.
I urge my colleagues to support it.
I yield the floor.
Mr. BINGAMAN. Madam President, I yield back the time.
The PRESIDING OFFICER. Under the previous order, the question is on
agreeing to amendment No. 1628 offered by the Senator from Kentucky,
Mr. Bunning.
Mr. DOMENICI. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Connecticut (Mr. Dodd)
and the Senator from South Dakota (Mr. Johnson) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Kansas (Mr. Brownback), the Senator from Oklahoma (Mr. Coburn),
and the Senator from Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 39, nays 55, as follows:
[Rollcall Vote No. 213 Leg.]
YEAS--39
Allard
Bennett
Bond
Bunning
Burr
Chambliss
Cochran
Coleman
Corker
Cornyn
Craig
Crapo
DeMint
Dole
Domenici
Ensign
Enzi
Graham
Grassley
Hagel
Hatch
Hutchison
Inhofe
Isakson
Lott
Lugar
Martinez
McConnell
Murkowski
Roberts
Sessions
Shelby
Smith
Specter
Stevens
Thune
Vitter
Voinovich
Warner
NAYS--55
Akaka
Alexander
Baucus
Bayh
Biden
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Carper
Casey
Clinton
Collins
Conrad
Dorgan
Durbin
Feingold
Feinstein
Gregg
Harkin
Inouye
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
McCaskill
Menendez
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Snowe
Stabenow
Sununu
Tester
Webb
Whitehouse
Wyden
NOT VOTING--5
Brownback
Coburn
Dodd
Johnson
McCain
The amendment (No. 1628) was rejected.
Mr. BINGAMAN. I move to reconsider the vote.
Mrs. BOXER. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. Under the previous order, there will now be 2
minutes of debate equally divided on amendment No. 1614, offered by the
Senator from Montana, Mr. Tester.
The Senator from New Mexico.
Mr. BINGAMAN. Madam President, I strongly urge support for the
Tester-Byrd amendment.
I yield the remainder of the time to Senator Tester.
The PRESIDING OFFICER. The Senator from Montana.
Mr. TESTER. Madam President, what this amendment does is gives loans
for equipment to capture and sequester carbon from coal to liquid
technology. It also allows for loans to construct the plant.
The Federal Government has the opportunity right now to push coal to
liquids forward with some dollars. Also, what happens with this
amendment is--and these are entirely achievable parameters--75 percent
of the carbon would be captured and sequestered, and it would be 20
percent less than life-cycle greenhouse gases from petroleum. It works
for this country in making us more energy independent and it works for
the global warming issue to make sure we get our hands wrapped around
that and it is progress in the proper way for energy development.
It is endorsed by the AFL-CIO, the United Mining Association, and Dow
Chemical. This amendment is achievable, entirely achievable.
The industry testified in the Senate Finance Committee that they
could capture and sequester 85 percent. This amendment does it at 75
percent.
I encourage the adoption of this amendment.
The PRESIDING OFFICER. Who yields time in opposition?
Mr. DOMENICI. Madam President, I looked around and didn't see anyone
else, so I guess I will respond.
Fellow Senators, we defeated the best amendment to assure we would
bring coal to liquid on board. Now what you have is an amendment that
says a $10 billion direct loan program--not any other kind of loan but
a direct loan--meaning the appropriators, without the White House, can
approve in appropriations $10 billion. But the kicker is it does not
have to go for coal to liquid technology, it can go for a number of
technologies, and if you can't reach it in coal, you will reach it in
the others. So you surely are voting for $10 billion in direct loans.
You are not assuring that you are going to get coal to liquid because
the standards are so high you may not be able to achieve them in the
coal to liquid.
That is enough for me. I thank you for giving me some time, and I
urge a ``no'' vote.
I yield the floor.
The PRESIDING OFFICER. The question is on agreeing to amendment No.
1614.
Ms. LANDRIEU. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second? There is a
sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Connecticut (Mr. Dodd)
and the Senator from South Dakota (Mr. Johnson) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Kansas (Mr. Brownback), the Senator from Oklahoma (Mr. Coburn),
and the Senator from Arizona (Mr. McCain).
The result was announced--yeas 33, nays 61, as follows:
[Rollcall Vote No. 214 Leg.]
YEAS--33
Akaka
Baucus
Bayh
Bingaman
Brown
Byrd
[[Page 16321]]
Carper
Casey
Clinton
Coleman
Conrad
Dorgan
Durbin
Inouye
Klobuchar
Kohl
Landrieu
Levin
Lieberman
Lincoln
Lugar
McCaskill
Murkowski
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reid
Rockefeller
Salazar
Stabenow
Tester
Webb
NAYS--61
Alexander
Allard
Bennett
Biden
Bond
Boxer
Bunning
Burr
Cantwell
Cardin
Chambliss
Cochran
Collins
Corker
Cornyn
Craig
Crapo
DeMint
Dole
Domenici
Ensign
Enzi
Feingold
Feinstein
Graham
Grassley
Gregg
Hagel
Harkin
Hatch
Hutchison
Inhofe
Isakson
Kennedy
Kerry
Kyl
Lautenberg
Leahy
Lott
Martinez
McConnell
Menendez
Mikulski
Murray
Reed
Roberts
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Thune
Vitter
Voinovich
Warner
Whitehouse
Wyden
NOT VOTING--5
Brownback
Coburn
Dodd
Johnson
McCain
The amendment (No. 1614) was rejected.
Amendment No. 1519
The PRESIDING OFFICER. Under the previous order, there is 30 minutes
equally divided on the Kohl amendment. Who yields time?
The Senator from Wisconsin.
Mr. KOHL. Madam President, I rise at this time with 13 cosponsors to
urge all of my colleagues to support our bipartisan no-OPEC amendment
to the Energy bill. This amendment will hold OPEC member nations to
account under U.S. antitrust law when they agree to limit supply or fix
prices in violation of the most basic principles of free competition.
In addition to the 13 cosponsors of this amendment today, companion
House legislation passed the other body last month by an overwhelming
345-to-72 vote. This amendment will authorize the Justice Department,
and only the Justice Department, to file suit against nations or other
entities that participate in a conspiracy to limit supply or fix the
price of oil.
We have longed decried OPEC, but sadly no one in Government has yet
tried to take any action. This amendment will, for the first time,
establish clearly and plainly that when a group of competing oil
producers, such as the OPEC nations, act together to restrict supply or
to set prices, then they will be violating U.S. law.
As we consider the high price of gas, one fact has remained
consistent: the price of crude oil and, in turn, gasoline dances to the
tune set by the OPEC members.
Referring to the 18-percent rise in worldwide crude oil prices since
the start of the year, OPEC's president commented:
We did have a bad situation at the beginning of the year,
but it is much better now.
The difference was OPEC's decision last fall to enforce combined
output cuts of 1.7 billion barrels of oil a day in order to drive up
the price of crude oil. Just last week, OPEC refused to add more oil
supply to the market despite the International Energy Agency's urgent
call for new supplies to meet rising demand.
While OPEC enjoys its newfound riches, the average American consumer
suffers every time he or she visits the gas pump or pays a home heating
bill. Gas prices have now increased 71 cents a gallon just since the
start of the year, to a current national average of $3.01 per gallon,
an increase of more than 30 percent.
The Federal Trade Commission has estimated that 85 percent of the
variability in the cost of gasoline is the result of changes in the
cost of crude oil. If private companies engaged in such an
international price-fixing conspiracy, there would be no question it
would be illegal. The actions of OPEC should be treated no differently
because it is a conspiracy of nations.
The amendment will not authorize private lawsuits, but it will
authorize the Justice Department to file suit under the antitrust laws
for redress. It will always be at the discretion of the Justice
Department and the President as to whether to take action against OPEC.
Our amendment will not require the Government to bring legal action
against OPEC member nations. This decision will entirely remain in the
discretion of the executive branch.
I believe the Senate should now join the 345 of our colleagues in the
House and vote to support this legislation.
I reserve the remainder of my time.
The PRESIDING OFFICER. Who yields time? The Senator from New Mexico.
Mr. BINGAMAN. Madam President, there is an old legal adage that says,
hard cases make bad law. That seems to be the case here. No one likes
OPEC. None of us like being put in a position of appearing to defend
OPEC. But this amendment, in my opinion, would make bad law. The
Framers of the Constitution wisely assigned responsibility for
formulating foreign policy and conducting foreign relations to the
President and to the Congress, not to the law courts.
Chief Justice Marshall said nearly two centuries ago:
The judiciary is not the department of the Government to
which the assertion of its interest against foreign powers is
confided. A question like this is more a political one than a
legal one.
There has been much talk in this Chamber over the years about the
proper role of the judiciary. Nearly every time we are asked to confirm
a judicial nomination, we hear speeches given on the Senate floor about
the need for judges to confine themselves to the business of
interpreting the law, not making the law. And this is exactly what the
courts have done in this circumstance.
Here is a case where the courts have wisely recognized that OPEC's
pricing policies are not something that should be litigated in U.S.
courts but should instead be addressed by the political branches of the
Government--the President, the executive branch, and the Congress.
Senator Kohl's amendment would throw the issue of OPEC's oil prices
back into our courts and force the courts to address those issues.
The amendment before us has its roots in a lawsuit filed by the labor
union nearly 30 years ago. The union at that time charged OPEC with
price fixing in violation of our antitrust laws.
The trial court dismissed the case on the ground that OPEC members
are sovereign nations and are immune from suit. On appeal, the appeals
court affirmed the dismissal, though for different reasons. It
dismissed the suit under the act of State doctrine. In the court's
words:
The act of State doctrine declares a United States court
will not adjudicate a politically sensitive dispute which
would require the court to judge the legality of the
sovereign act of a foreign State.
Quoting the Supreme Court, the Court said:
Every sovereign State is bound to respect the independence
of every other sovereign State, and the courts of one country
will not sit in judgment on the acts of the government of
another done within its own territory.
Senator Kohl's amendment overturns the act of state doctrine, at
least so far as OPEC is concerned. It also creates a new offense under
the Sherman Act to get at OPEC, it waives sovereign immunity for this
new offense, and it amends the Foreign Sovereign Immunities Act to
cover the new offense. In short, it sweeps away all of the legal
defenses OPEC members have against antitrust suits in our courts.
Adopting the amendment will undoubtedly be very popular, but it is
also very unwise. The Ninth Circuit Court of Appeals explained nearly
30 years ago:
To participate adeptly in the global community, the United
States must speak with one voice and pursue a careful and
deliberate policy.
The President can do this, the court said; the judiciary cannot.
Here is another quote from that same decision:
When the courts engage in piecemeal adjudication of the
legality of the sovereign acts of states, they risk
disruption of our country's international diplomacy. The
executive may utilize protocol, economic sanction,
compromise, delay, and persuasion to achieve international
objectives. Ill-timed
[[Page 16322]]
judicial decisions challenging the acts of foreign states
could nullify these tools and embarrass the United States in
the eyes of the world.
In this case--
the granting of any relief would in effect amount to an order
from a domestic court instructing a foreign sovereign to
alter its chosen means of allocating and profiting from its
own valuable natural resources. On the other hand, should the
court hold that OPEC's actions are legal, this would greatly
strengthen the bargaining hand of the OPEC nations in the
event that Congress or the executive chooses to condemn
OPEC's actions.
In addition, we here in the Senate ought to consider how enactment of
this amendment might affect our relations with OPEC members. What will
be the international repercussions when the United States starts
awarding judgments against foreign nations and attaching their assets
in this country? What sort of precedent will the amendment set in the
international community? Will other nations start to view our trade
policies--such as our nuclear trade restrictions--as violations of
their antitrust laws?
The Bush administration has offered us answers to some of these
questions. Its statement of administration policy on this bill, which
we are considering here in the Senate, says that:
The consequent targeting of foreign direct investment in
the United States as a source of damage awards would likely
spur retaliatory action against American interests in those
countries and lead to a reduction in oil available to U.S.
refiners. Not only would such a result substantially harm
U.S. interests abroad, it would discourage foreign investment
in the United States economy.
For these reasons, the administration concluded:
If a bill including such a provision is presented to the
President--
That is the bill we are considering right here on the Senate floor.
--his senior advisers will recommend that he veto the bill.
For all these reasons, I urge my colleagues to vote against the Kohl
amendment.
Madam President, how much time remains on both sides?
The PRESIDING OFFICER. There is 8\1/2\ minutes in opposition, and
11\1/2\ minutes in support.
Mr. LEAHY. Madam President, I join Senator Kohl as a cosponsor of his
NOPEC amendment and urge the Senate to adopt it. Under Senator Kohl's
leadership, the NOPEC bill has passed unanimously out of the Senate
Judiciary Committee without amendment in four separate Congresses,
under both Democratic and Republican leadership.
The support for this legislation is both bipartisan and bicameral.
The House of Representatives recently passed NOPEC with 345 Members
voting for it.
NOPEC will simply hold accountable certain oil-producing nations for
their collusive behavior that has artificially reduced the supply and
inflated the price of fuel. Unless this amendment becomes law,
consumers across the Nation will continue to suffer.
The rise and fall of oil and gas prices has a direct impact on
American consumers and our economy. Last month, gas prices in the
United States reached a near record high. While prices have come down
slightly in recent weeks, that is no reason to condone anticompetitive
conduct by foreign government cartels. American consumers should not be
held economic hostage to the whim of colluding, foreign governments.
The Associated Press recently reported the Iranian oil minister's
announcement that members of OPEC would not increase the supply of oil
despite reports that demand is on the rise. Without collusion, OPEC
members would compete to serve that demand and prices at home would
fall.
When entities engage in anticompetitive conduct that harms American
consumers, it is the responsibility of the Department of Justice to
investigate and prosecute. It is wrong to let members of OPEC off the
hook just because their anticompetitive practices come with the seal of
approval of national governments. I am disappointed that the
administration does not share this view and has threatened a veto.
Americans deserve better, and it is time for Congress to act. We know
the oil cartel and Big Oil companies like things just the way they are,
and why shouldn't they? They continue to break new records as they roll
up huge profits taken from consumers' pockets.
I hope this Senate and this Congress will take the side of American
consumers, not the side of Status Quo, Incorporated. We cannot claim to
be energy independent while we permit foreign governments to manipulate
oil prices in an anticompetitive manner. I thank Senator Kohl for his
leadership on this issue.
Mr. BINGAMAN. Madam President, I yield the floor.
The PRESIDING OFFICER. Who yields time?
Mr. KOHL. Madam President, I yield several minutes to Senator
Lincoln.
I am sorry, did the Senator from Rhode Island wish to speak?
Mr. WHITEHOUSE. If I may, but it is to a different amendment. It is
for the Cardin amendment.
Mr. BINGAMAN. Madam President, if we could complete the debate on
this amendment, and then if the Senator wishes to yield back time, we
could proceed to debate on the next amendment.
Mr. WHITEHOUSE. That will be fine.
Mr. KOHL. Madam President, I will yield several minutes to Senator
Lincoln.
The PRESIDING OFFICER. The Senator from Arkansas.
Amendment No. 1556
Mrs. LINCOLN. Madam President, I thank my colleague from Wisconsin,
Senator Kohl, for giving me a few moments.
My comments are on a slightly different topic today, and I appreciate
my colleague yielding to me. I filed an amendment, No. 1556, to the
energy legislation almost a week ago. Since that time, I have pleaded
with my colleagues to help reach an agreement where I could come to the
floor and offer this important amendment. I offered it several times
last week in the latter part of the week so it could be considered by
the Chamber and get an up-or-down vote on its merits. Unfortunately, I
understand that certain colleagues are unwilling to lift their
objection to this amendment being considered on the floor under any
circumstances. So I come to the floor today to try to express some of
my frustrations in dealing with this bill and particularly my
amendment, not only for myself and many of my colleagues who are
strongly in support of my amendment but also for the hard-working farm
families across our Nation.
The amendment I introduced with my good friend and colleague from New
Mexico, Senator Domenici, is quite simple. It is identical to the
legislation we cosponsored together last Congress and have reintroduced
again this year, which is S. 807. The bill already has 26 cosponsors in
the Senate and 121 cosponsors in the House. This amendment is
particularly timely and appropriate for the legislation we are
currently considering in the Chamber today because there is a growing
understanding in this countryside that without the clarification
provided by this amendment, requirements and liabilities under CERCLA,
a law designed to clean up toxic industrial pollutants, could be
unfairly applied to America's farmers and ranchers of all sizes, of any
size, large or small. These are the very men and women who hold the
future of renewable energy production in this country in their hands
and in their production operations.
The underlying bill we will consider today would take steps to
promote the use of biomass, and specifically animal manure, as an
important and critical source of renewable energy. It is widely known
that farmers are beginning to use their excess manure for energy
generation already, through methane digesters and other innovative
technologies that are developing on a day-to-day basis. The expanded
use of animal manure for energy production not only promotes our
Nation's energy independence, it is also a way to control the
unavoidable supply of manure and litter from livestock production in an
environmentally friendly manner while adding economic value for our
farm families and our rural communities.
This is a win-win situation for our Nation and especially for
American agriculture. Yet as this Chamber stands
[[Page 16323]]
ready to incentivize these innovative practices and spur the growth of
alternative technologies to manage this waste, pending lawsuits
threaten the entire viability of this emerging industry, not to mention
the viability of the hard-working farm families across our country.
We should not stand by and allow a situation where farmers or those
who are transporting manure for energy production or other purposes are
handling a hazardous waste subject to CERCLA's strict and punitive
liability provisions.
It is worth noting that CERCLA section 101(14) specifically excludes
petroleum. Here we are, looking to lessen our independence on foreign
oil and petroleum products, yet they are exempt from CERCLA. We are
looking at the possibility of agricultural by-products being included
in CERCLA under the definition of hazardous waste substances but
petroleum releases are not subject to CERCLA reporting and liability
provisions. Why is it these same liability provisions should apply to
our Nation's farmers and ranchers, and particularly our dairy farmers?
Farmers and ranchers have always been responsible stewards of the land,
making great strides to preserve a healthy environment for their food
production but also for their families and communities. Keep in mind
that agricultural operations are already regulated under the Clean
Water and the Clean Air Acts, as well as other Federal and State
environmental laws. The larger size operations are subject to
management practices. These are the appropriate regulatory tools to
manage the environmental impacts of agriculture in this country, and
any farmer will tell you that our U.S. producers are already subject to
much greater scrutiny in this area than their foreign competitors. That
is one reason why Americans continue to enjoy the safest food supply in
the world, produced right here at home by our Nation's farm families,
working as hard as they possibly can to not only produce that safe food
and fiber but to do it in a way that is respectful of the environment
under the regulations we put upon them. The last thing we need to do is
stand by and allow policies that encourage the outsourcing of food
production in this country.
On that note, it is my view that Congress never intended for CERCLA
to apply to agriculture in the first place. In fact, the idea of
including animal agriculture under CERCLA was never raised during the
first two decades of this law's existence. If normal animal manure is
found by the courts to be a hazardous substance under CERCLA, then
virtually every farming operation in the country could be potentially
exposed to severe liability and penalties under the law. Clearly,
Congress never intended such an outcome, and we should take the
necessary steps by taking up and passing my amendment to ensure that
the courts clearly understand what our congressional intent is. We
should not jeopardize American agriculture by allowing courts to impose
CERCLA liability on farmers for their traditional farming practices,
including the use of manure as a beneficial fertilizer or an emerging
feedstock for renewable energy production. This would be most
unfortunate.
I hope my colleagues will look at this and be aware. I will continue
my efforts to clarify that CERCLA liability does not apply to
agriculture, to our livestock, to our ranches and our dairy farms,
making sure that agriculture in this country can continue to do what it
has always done, and that is to produce a safe, abundant, and
affordable food supply under the regulations we provide them.
I thank the Senator from Wisconsin for yielding, and I yield back his
time.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. DOMENICI. Madam President, I believe we have 8 minutes remaining
in opposition, and I yield myself 5 minutes.
The PRESIDING OFFICER. The Senator is recognized for 5 minutes.
Amendment No. 1519
Mr. DOMENICI. First, before the Senator from Arkansas leaves the
floor, I wish to say I associate myself with her remarks as they
pertain to both subjects, and in particular CERCLA, in which we both
share a common interest. We have to get something done; we both know
it. Those who are not letting us have a chance at getting a vote will
find out sooner or later we are going to get a vote, and what is fair
and reasonable will prevail. We are going to work hard to see that is
done sooner rather than later.
Having said that, I want to talk about the No-OPEC amendment that
would permit legal action to be brought in U.S. courts by the
Department of Justice on alleged price-fixing and other anticompetitive
behavior affecting petroleum product pricing, production, and
distribution by members of the Organization of Petroleum Exporting
Countries--OPEC.
While I can see at some level how this idea appeals to our sense of
fairness and our frustration about oil prices, I must oppose this
amendment and join with my chairman, because it is reality, not
sentiment, that counts in public policy. The reality is this amendment
would be unenforceable. OPEC producers would simply decide not to sell
oil to us any longer. One-third of the oil used in the United States
every day comes from an OPEC member. They would suffer the loss of some
profits, but our entire economy could come to a grinding halt.
Another problem I have with the amendment is it is a major change in
international law that has potential applications beyond the oil
sector. The sovereignty of nations is put into question by this
amendment. I know of no instance when the United States Government sued
a foreign government.
I think if this amendment passes, we can expect a jittery oil market
to become even more nervous. We can expect that. In reality, that means
higher prices. We can expect less transparency from OPEC. In reality,
that means higher prices. We can also expect less cooperation from OPEC
in the future, and I think that, too, will lead to higher prices.
I believe this amendment should fail, but obviously, looking at the
past and looking at the propensity of Senators to vote on this
amendment without looking at the realities of it, I am not too hopeful.
Nonetheless, that is the extent of my remarks.
Madam President, I yield the floor.
Mr. BINGAMAN. Madam President, how much time remains on both sides?
The PRESIDING OFFICER. There is 5 minutes in opposition and about
3\1/2\ in favor.
Mr. BINGAMAN. Madam President, I think the Senator from Wisconsin
should be given the chance to conclude his remarks or close the
argument. I will yield back the time in opposition and allow Senator
Kohl to use whatever additional times he wants. Then we can close the
debate on this amendment and proceed to the next amendment.
The PRESIDING OFFICER. The Senator from Wisconsin is recognized.
Mr. KOHL. Madam President, I believe the arguments set forth by the
administration, as well as those on the floor today in opposition to
this bill, are without merit. For example, we disagree that it would
harm U.S. interests overseas.
The Justice Department has taken action to sue many foreign cartels
that have engaged in price fixing, including, for example, the
international vitamin cartel. There has been no retaliation against
U.S. business interests abroad.
Only 11 Nations in the world are members of the OPEC oil cartel.
There would be no reason for any other Nation to retaliate against the
United States for attempting to enforce this legislation. The idea that
OPEC could strongly discourage investment in the U.S. economy is
likewise speculative and without basis. The existence of strong U.S.
antitrust laws for over a century, laws that are already reaching
foreign conduct affecting the U.S. markets, has not discouraged
investment in the United States.
Further, and this is enormously important, this legislation does not
require the administration to do anything. It simply gives them the
authority to bring action in court against the OPEC oil cartel. It
seems to me the legislation would have a constructive
[[Page 16324]]
effect in bringing notice to the OPEC oil cartel that we do have
recourse, should it be necessary, to move against them in retaliation
of their fixing prices of oil at unreasonably high levels.
That is why I believe this legislation should be passed by this body
as it was passed by the House of Representatives.
I yield back the remainder of our time.
Mr. DOMENICI. I think Senator Bingaman yielded our time back.
The PRESIDING OFFICER. All time is yielded back. There will now be 30
minutes of debate on the Thune amendment. Who yields time?
Mr. BINGAMAN. Madam President, I see Senator Whitehouse is waiting to
speak on the Cardin amendment. Senator Thune is agreeable to letting
him speak for 3 minutes or so on that before beginning discussion on
the Thune amendment. So I ask unanimous consent that that be the order.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Rhode Island is recognized for 3 minutes.
Amendment No. 1610
Mr. WHITEHOUSE. I thank Senators Bingaman and Thune for their
courtesy. I am here today to express my support for an amendment
sponsored by my colleague, Senator Cardin, regarding State approval for
liquefied natural gas terminals. I am a cosponsor of this important
bipartisan amendment with Senators Mikulski, Snowe, Dodd, Kerry,
Kennedy, Boxer, Lieberman, and my senior Senator, Jack Reed of Rhode
Island.
Our country is grappling with a serious and difficult question: how
to meet our growing energy needs without depleting our natural
resources, threatening our environment or endangering our people.
I strongly support the work of Senators Boxer and Bingaman, with many
of our colleagues, to take a significant step forward in our use of
alternative and renewable fuels. But as we develop these new and
emerging fuel sources, we must take great care to balance our need for
energy with other imperatives.
Liquefied natural gas is rapidly assuming a larger share of the
overall natural gas market. Over 40 new LNG terminals are now proposed
for construction, many of which are planned near heavily populated
areas or environmentally sensitive coastal areas. Unfortunately, in
their haste to expand this market, the LNG industry and the Federal
Energy Regulatory Commission have dismissed the risks this poses to
public safety and the environment. I am particularly concerned about a
proposed LNG terminal in Fall River, MA, a town of nearly 100,000
people, barely over the State line from Rhode Island.
This is Rhode Island's treasured Narragansett Bay. The Bay is used,
particularly on beautiful summer days such as today, for commercial and
recreational boating and fishing. Tens of thousands of Rhode Islanders
live along its shores, and our Bay is in many ways the economic heart,
as well as the environmental and recreational heart, of our ocean
State.
Now, to reach the LNG facility proposed for Fall River, LNG tankers
would have to navigate 21 nautical miles through Narragansett Bay,
passing directly by the homes and businesses of 64,000 Rhode Island
residents. Along the way, tankers would pass under four heavily
trafficked bridges and execute what the Coast Guard itself recently
described as extremely challenging navigational maneuvers, as many as
130 times per year.
Moreover, the tanker requires a security zone around it as it
proceeds through the Bay. Here is the tanker. This is the size of the
security zone it requires, completely occupying the east passage going
up through Narragansett Bay between Newport and Jamestown. It would
displace all recreational boaters and other cargo boats and disrupt
bridge traffic as it transits.
The residents of my State of Rhode Island have spoken loudly and in
large numbers against the LNG terminal proposed for Fall River. I have
heard their deep concern about the environmental and security risks
posed by LNG tankers passing so close to their homes and communities.
Yet their voices have not been heard adequately in the current process
for permitting LNG terminals.
This amendment would help correct this flaw and give all States and
communities the seat at the table they deserve, by requiring the
concurrence of affected States for permits to build liquefied natural
gas terminals.
The PRESIDING OFFICER. The Senator has used 3 minutes.
Mr. WHITEHOUSE. I urge my colleagues to vote in favor of this
amendment.
I yield the floor.
The PRESIDING OFFICER. The Senator from South Dakota.
Amendment No. 1609
Mr. THUNE. Madam President, I rise today in support of my amendment
to create clean energy corridors, which will greatly enhance our grid
system to transmit clean and renewable energy.
Much of the debate in this Energy bill has focused on renewable
energy. How much renewable energy should we use? How should it be
produced? Who should be required to use it? However, this debate has
overlooked a key component in this argument, which is, how do we
transport this energy from areas with high concentrations of renewable
resources to areas with high demand for electrical power?
Oftentimes, clean, renewable sources of power are located in rural
areas with low demand for electricity and limited capacity to transmit
large amounts of power long distances. At the other end of the
spectrum, States with larger urban areas are passing State laws that
require the use of renewable energy. In many cases, it is more
economical to import that energy from other areas of the country.
It is critical that we create the infrastructure to allow that
movement of energy to happen. I have to point to this chart to
illustrate exactly how my State of South Dakota serves as a prime
example of this dilemma. In South Dakota, we are blessed to have
abundant sources of wind. In fact, according to the U.S. Department of
Energy, South Dakota has enough wind to produce 566 gigawatts of
electric power from wind, which is the equivalent of 55 percent of the
Nation's electricity demand.
I will refer to the chart. If you look at these red areas and the
pink areas, the purple areas around the country, all these different
colors demonstrate varying amounts of wind energy.
Of course, as you can see, South Dakota and North Dakota, Minnesota,
Iowa, have enormous amounts of wind energy available. Although South
Dakota has an abundant source of wind, this renewable resource is
dramatically underdeveloped in my State.
In fact, we have less than one-tenth the wind energy production of
our neighboring States, even though our wind resources are far
superior. The fundamental problem is we don't have the population
markets to use large amounts of wind power within my State's borders.
More importantly, we lack the transmission capacity to carry wind
power from rural areas in South Dakota to urban areas in other areas of
the country. This amendment includes simple provisions that would
significantly improve transmission development for renewable sources of
energy.
First, this amendment would direct the Department of Energy to
identify areas with transmission constraints that increase costs to
consumers, limit resource options to serve load growth or limit access
to sources of clean, renewable energy, such as wind, solar, geothermal
energy, and biomass.
Upon completion of this study, after verifying all alternatives and
public comments, the Department of Energy could then designate these
areas as ``National Interest Electric Transmission Corridors.''
These corridors, which enjoyed broad bipartisan support as part of
the Energy Policy Act of 2005, are important tools for transmission
development. Under current law, these corridors are targeted toward
areas experiencing heavy grid congestion. My amendment would expand the
designation of these corridors to include access to clean, renewable
sources of energy.
[[Page 16325]]
This amendment also directs the Federal Energy Regulatory Commission
to establish regulations that allow public utilities to allocate and
recover costs associated with building the additional transmission
infrastructure for wind and other forms of renewable energy. It ensures
that rates associated with this development are reasonable, just, and
nondiscriminatory.
By overcoming some of the inherent obstacles associated with
transmitting renewable energy long distances, I believe this amendment
promotes clean, renewable sources of energy in a commonsense fashion.
This amendment will serve as the blueprint for the 21st century grid
by facilitating the national scale designation and construction of
clean energy corridors that will enable the delivery of clean,
sustainable, reliable power to consumers across this country.
As I have met with people from the industry, as I have traveled my
State, as I have talked with those who invest in energy projects, it is
clear that this is one of the issues that presents a major obstacle to
wind energy development in this country. This amendment helps address
that by creating and opening these corridors, clean energy corridors
that would allow clean green wind energy to make it from areas where it
is in abundance, places such as the State of South Dakota, to places in
the country that desperately need affordable power.
So I hope my colleagues in the Senate will support this amendment and
do something that will significantly address and further the production
of wind energy and affordable electricity to America's consumers.
I yield the floor and reserve the remainder of my time.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. DOMENICI. Madam President, I wish to say to the Senator, I
congratulate you on this amendment, the scope of the amendment and the
rationale. It is something we need. From my standpoint, I am in favor
of it. It will not require a rollcall vote. Hopefully, we can dispose
of your amendment very shortly.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. BINGAMAN. Madam President, Senator Thune's amendment makes a
major change in a provision of the Federal Power Act that governs the
siting of electric transmission lines. Until 2 years ago, the siting of
electric transmission lines was under the exclusive control of the
States. The Federal Power Act gave neither the Secretary of Energy nor
the Federal Energy Regulatory Commission the authority to site
transmission lines.
The States tended to make their siting decisions in the best
interests of their citizens, not necessarily in the best interests of
the citizens of neighboring or even distant States that might benefit
by the long distance transmission of electricity.
Two years ago, in the Energy Policy Act of 2005, which I worked on
with Senator Domenici, which amended the Federal Power Act to provide
what is called the Federal backstop siting authority. Specifically, we
directed the Secretary of Energy to conduct a comprehensive national
study of electric transmission congestion once every 3 years.
We then authorized the Secretary to designate, based on the study,
any geographic areas experiencing electric transmission congestion as
``national interest electric transmission corridors.'' The Secretary
completed the first congestion study last August, and he has begun
proceedings to designate the first national interest corridors.
Designation of an area as a national interest corridor is likely to
have serious consequences. Under the law we passed 2 years ago, a
utility that wants to build an electric transmission line within the
corridor can apply to the Federal Energy Regulatory Commission for a
permit, and the Commission can approve construction of the transmission
line without the permission of or even over the objections of the
State. Once the Federal Energy Regulatory Commission issues the utility
a permit, the utility can then go into Federal court and exercise the
Federal Government's power of eminent domain and take private property
to erect the transmission line.
I have heard speeches in the time I have served in the Senate from
many of my colleagues about their concern over the exercise of the
power of eminent domain. The passage of the Thune amendment
substantially increases the likelihood that authority, that power of
eminent domain, will be exercised against private property rights.
Giving Federal officials and private utilities these powers was a major
change in Federal law and a major departure from past practice.
Nonetheless, we believed the step was warranted to ensure that the
national interest in a national electric grid was protected. We
believed that entrusting the Secretary of Energy with the task of
studying congestion on a national basis and allowing the Secretary to
designate only those areas which affected the national interest would
prevent abuse of this Federal eminent domain authority.
Even though this authority is less than 2 years old, no corridors
have yet been designated, no construction permits have been issued, and
no private property has been taken. The authority is already, however,
proving very controversial. There is major opposition to the use of
this authority just west of here in northern Virginia and in other
areas of the country. There has been talk of repealing the authority.
The Thune amendment will only add to the controversy. It makes a
fundamental change in the current authority. The Thune amendment says
that ``the Secretary may designate additional corridors . . . upon the
application by an interested person.'' So even though the Secretary of
Energy did not find that a particular area presented congestion
concerns of national interest in conducting his congestion study last
year and even though the Secretary of Energy did not see fit to propose
an area as a national interest corridor, a utility that would like to
make use of the Federal eminent domain authority to take private
property can apply to the Secretary and the Secretary could then
designate the area as a corridor under this new authority. This, as one
of the authors of the provision we put in law in 2005, is a major
expansion of that authority, and it is an unwarranted expansion.
In addition, the Thune amendment contains additional provisions on
rates and recovery of costs which direct the Federal Energy Regulatory
Commission to issue new rules setting transmission rates for the
recovery of the cost of transmission lines in national interest
corridors. Frankly, I am not entirely sure what the purpose of these
provisions are. I am not sure how these provisions affect the
ratemaking authority the Commission already exercises under the Federal
Power Act. They are either redundant or unnecessary or else they
authorize the Commission to set up a new rulemaking standard that will
apply in national interest corridors different from the standard the
Commission applies elsewhere.
I urge my colleagues to oppose the amendment. We should give the
program we created in the Energy Policy Act just 2 years ago a chance
to work before we dramatically expand it in ways that are not entirely
clear.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. DOMENICI. Madam President, because our very economic security is
dependent on the availability of electricity, our Nation must reinforce
its electric power transmission system.
In the Energy Policy Act of 2005, Congress sought to establish
national interest electric transmission corridors to make America's
electricity grid more secure by ensuring there is enough capacity in
essential areas.
In EPAct, we directed the Energy Department to identify regions where
electricity reliability is threatened by transmission congestion and to
designate national corridors. Congress further provided FERC with
``backstop siting'' authority for the construction of transmission
facilities if the states involved are unable or unwilling to do so.
Just recently, DOE unveiled the following two draft corridor
designations:
[[Page 16326]]
the Mid-Atlantic Area National Corridor, which runs from New York to
Northern Virginia; and the Southwest Area National Corridor, which
includes counties in southern California, western Arizona, and southern
Nevada.
The amendment offered by Senator Thune would authorize the Energy
Department, in designating national corridors, to consider transmission
constraints or congestion that increases costs to consumers; limits
resource options to serve load growth; or limits access to sources of
clean energy, such as wind, solar, geothermal, and biomass.
Now we just had a debate on the Senate floor last week on the use of
renewable energy sources. We all support the increased use of renewable
energy sources but there is often heated opposition to the siting of
transmission facilities. This is not in the national interest.
I don't see how you can support a mandate for more renewable energy
sources but then oppose the designation of national corridors to get
the transmission built that is needed to move these renewable energy
sources to market.
Yet as we consider this amendment to expand the work we began in the
Energy Policy Act of 2005, there are those in the House that are
attempting to block the needed funding to implement the national
corridors designations out of NIMBY concerns. Again, such attempts are
not in the national interest.
The siting provision in EPAct literally provides a light at the end
of the tunnel for parts of the country where the electricity grid is at
risk due to congestion.
The Thune amendment simply seeks to allow national corridor
designations to ensure the necessary transmission to access clean
sources of energy like wind, solar, geothermal, and biomass.
I ask my colleagues to support the Thune amendment.
I congratulate Senator Thune for his amendment because it is just a
rational extension and expansion of what we did in the Energy Policy
Act. I happened to be part of that Energy Policy Act. As a matter of
fact, I think I can say that for years before we got together and
Senator Bingaman and I were carrying it, we couldn't get it through.
But we did get it through. I believe we got it through because it was
high time the United States decided that for most matters we could
stand on States rights, but every now and then something percolated up
that demanded that we take a serious look at a greater interest of the
Federal Government.
That is all we are talking about here. If the development of our
electric grid ran into situations where you couldn't go through because
of the obstinacy of a State to your moving from one State to another or
one property owner had a transmission line totally locked up, you could
back that up with the Federal Government ending up saying: It has to go
because it is a big national interest. You are just kind of
piggybacking on that national interest already found in that law as we
passed it. Therefore, I believe it is appropriate that we pass this
amendment tonight.
I yield back any time I have. I wonder if Senator Bingaman would so
we could vote.
The PRESIDING OFFICER. The Senator from South Dakota.
Mr. THUNE. Before I yield back my time, I thank both Senators from
New Mexico. They have both been great leaders on the energy issue.
The 2005 Energy Act was a landmark accomplishment in the Congress. It
set a lot of new policy with regard to energy and moved us in a
direction that gets us less dependent upon foreign sources of energy
and more energy independent, which I think is what this debate is all
about.
I argue with respect to this amendment that it builds upon the work
we did in 2005. In fact, that amendment that was talked about in 2005
which deals with those areas which are experiencing heavy grid
congestion--this simply expands that designation to those corridors to
include access to clean, renewable sources of energy, which I believe
is what a part of this debate is all about; that is, how do we take
energy sources in this country, make them more available to people
across the country, and lessen the dependence on foreign sources of
energy?
I use my State as a prime example. There are lots of different
regulatory bodies, whether it is the Federal Energy Regulatory
Commission, the Western Area Power Administration, the Midwest
Independent System Operators, whether it is the Public Utilities
Commission of the State of South Dakota, there is a balkanization of
networks out there that has evolved over time that has created these
barriers in the grid to getting power from where it is generated, where
it is produced, to where it is needed. My State is a good example of
that. On the border of South Dakota, we have what is called a pancaking
problem where there is a stacking of fees that makes it difficult to
get wind generated in South Dakota across State lines into other areas
that could benefit from it.
This is fairly straightforward and consistent with the good work that
was done in the Energy bill in 2005. It doesn't in any way undermine or
contradict that but complements it in a way that is consistent with
what our priorities should be and what our objectives are in terms of
energy policy.
I appreciate the comments of both of my colleagues from New Mexico,
and I yield back the remainder of my time.
Mr. BINGAMAN. Madam President, I yield back any additional time
remaining in opposition.
The PRESIDING OFFICER. All time is yielded back.
The question is on agreeing to amendment No. 1609.
The amendment (No. 1609) was agreed to.
Mr. DOMENICI. Madam President, I move to reconsider the vote.
Mr. BINGAMAN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 1610
The PRESIDING OFFICER. Under the previous order, there remains 11\1/
2\ minutes in support of and 15 minutes in opposition to amendment No.
1610 offered by the Senator from Maryland, Mr. Cardin.
Who yields time? The Senator from Maryland.
Mr. CARDIN. Madam President, I yield myself 3 minutes.
The amendment I am proposing with Senators Mikulski, Snowe, Dodd,
Kerry, Reed, Kennedy, Whitehouse, Boxer, and Lieberman would restore
the authority of our State and local governments to protect the
environment and ensure public safety with respect to the siting of
liquefied natural gas--LNG--terminals within their States. This measure
simply gives our States a say as to whether these kinds of facilities
should be built within their boundaries and, if so, the exact location.
It amends the Rivers and Harbors Act of 1899. Under that law, the
Army Corps of Engineers, acting for the Secretary of the Army, is
responsible for issuing permits to anyone who wants to build a
structure in and above waters of the United States. These are often
called section 10 permits because that is where the provision is found
in the Rivers and Harbors Act.
I wish to clarify, we are not changing the authority of the Federal
Energy Regulatory Commission. Their authority to site is not changed by
this amendment. What we are doing is requiring the Army Corps to work
with our States before they issue their permits under the Rivers and
Harbors Act. This is not about stopping LNG plants from being sited.
Today, there are six in our country. One is located in my State of
Maryland in the right location. This amendment is about siting LNG
plants where they should be sited and having confidence in federalism
and in our States. Our States will act responsibly, but they should be
consulted before LNG plants are sited. That is what this amendment will
do. We want to make sure they are located in the right locations.
My colleague from Rhode Island pointed out pretty vividly the
concerns he has about a site up in the New England area. AES Sparrows
Point LNG and Mid-Atlantic Express have proposed building a new
terminal near a densely populated area of Baltimore.
[[Page 16327]]
That is the wrong location for an LNG plant. If we had consultation and
working with the States, we would be able to site these facilities
without the risk that they will be located in areas where they should
not be. That is what the amendment is about. In our area, our
congressional delegation, Governor O'Malley, Baltimore County Executive
Jim Smith, and other local officials have all come out against this
particular location because of the risk to the community, because of
the risk to the environment.
This amendment is very simple. It requires the Army Corps to work
with our States before an LNG license could be issued under section 10
permits. It is the right way for federalism to work. We should take
advantage of each State's unique understanding of the issues it faces
and make sure that expertise is considered in a meaningful way. That is
why the Coastal States Organization supports this amendment. They
believe it is the right sharing of how LNG plants should be sited.
I urge my colleagues to respect federalism. Respect the goodwill of
our States. Respect the fact that we want LNG facilities and terminals
to be located, but we want them to be located in the right location.
I yield my colleague from Maryland 5 minutes.
The PRESIDING OFFICER. The Senator from Maryland.
Ms. MIKULSKI. I thank my colleague.
I understand this is his first amendment that will be voted on in the
Senate. I am proud to stand with him as he stands up for Maryland and
also stands up for the fact that when we are talking about the siting
of an LNG facility, those who are the most affected should have the
most to say, which means the State in which it is being located. I
support this amendment because it is also the right public policy and
because it is the right public policy for Maryland.
I am absolutely opposed to a new LNG facility in Sparrows Point, MD.
As the senior Senator from Maryland, I will do all I can to protect the
people of Baltimore and to protect the Port of Baltimore. I oppose this
LNG facility because of my fears and frustrations. I worry about a
terrorist attack. I worry about an accident with ghoulish consequences.
This is a national security issue and a community security issue, not
just an energy or a budget issue.
These concerns are not mine alone. According to a GAO report,
scientists and engineers have raised enormous concern about the
potential hazard of an accident or an attack on LNG facilities. GAO
says we don't know about the impact of an LNG accident on public
safety. We are talking about possible injury and death. How can anyone
make a decision on LNG without knowing the decision on public safety?
This is why I support this amendment. This amendment gives States and
communities a stronger voice by making sure the Army Corps of Engineers
gets the approval of the affected State before giving permits for
construction for an LNG facility. That means the Governor can say:
``Hold on a minute; this is not good for my State,'' or, ``Hold on a
minute; it is good for my State.''
We cannot let a Federal agency rubberstamp plans for an LNG facility.
I am committed to promoting America's energy independence, but it must
not compromise our national security or our neighborhood security. I
want to make sure we know the consequence of what happens when an LNG
facility comes to a geographic area. What can be done and should be
done to review and control the plants, the docks, the ships, the crews?
I do not want permits issued and foreign-flagged tankers coming to
our ports until we know key answers. I do not want permits authored by
Federal agencies when our States are adamantly opposed and they are not
involved in the decision making. Many States will welcome it. Some
States will raise questions as we have.
It is my responsibility as a Senator to make sure we ask the right
questions to protect the American people. But, most of all, we want to
give the people most affected something to say.
We worry about this second LNG facility in Sparrows Point. It is 50
miles up the Chesapeake Bay. These tankers will have to pass under the
Bay Bridge. My Governor is worried about the impact on the Port of
Baltimore, and the people are worried about the impact on the
community.
My colleague says we have another facility, and it was in the right
place. Well, I am not sure it was in the right place. They built this
LNG facility 3 miles away from a nuclear powerplant--3 miles away from
a nuclear powerplant--but it got closed in the 1980s when the market
went down. But guess what. FERC issued a permit to reopen Cove Point in
a different part of the State 1 month after 9/11, and they did not ask
about security concerns. It took this Senator--and then my colleague,
Senator Sarbanes, and I--demanding the Department of Homeland Security
get involved, demanding the Nuclear Regulatory Commission to say: Is it
OK to have an LNG facility down the street? I had to force the Coast
Guard to look at it from a security standpoint rather than just an
environmental standpoint.
I worry about the rockfish in the bay, but I worry about the people
who eat the rockfish in the bay, meaning my constituents. We finally
got the reviews we needed and we moved ahead with the permit. Let me
tell you, I am on the side of safety, and I believe the safest thing is
to make sure the Governor has a chance to comment with the Corps and to
have an expressed impact on this permit facility.
I think the Senator's policy is a wise one; it is a prudent one. It
is narrowly crafted. I ask my colleagues to adopt the amendment.
I yield the floor.
The PRESIDING OFFICER (Mr. Salazar). Who yields time?
The Senator from New Mexico.
Mr. DOMENICI. Mr. President, how much time do we have in opposition?
The PRESIDING OFFICER. Fifteen minutes.
Mr. DOMENICI. Well, I want to take 5 minutes and yield the rest of it
to Senator Bingaman. But I do want to make a point that this country is
going to need large amounts of natural gas over the next 15, 20, 30
years. One source is probably going to be LNG, liquefied natural gas.
It is terribly important for our country that we have this available
when we need it, and if the price is right that we be able to locate
sites that serve the United States.
Now, frankly, when we passed the Energy Policy Act, there were three
or four things that were very much on the minds of those who wanted to
deliver energy to the United States. I say to my new friend, the new
Senator from Maryland, one of those at that particular time happened to
be liquefied natural gas and those around the world who were trying to
figure out whether the United States was going to be a place where they
could sell liquefied natural gas or was it going to be a place where
they could be held up forever.
We had to decide, as we worked through this very gigantic, gargantuan
bill, what we were going to do about the concern on the part of the LNG
market that if you left the law as it was, every State's Governor would
have a veto power, and in some instances mayors would have veto power
over an LNG site. We decided that would not work.
Now, we did not take away everyone's power. As a matter of fact, we
encouraged cooperation. We encouraged the involvement of the States and
the local governments with the LNG company, and we said only when you
get to the point where you cannot reach agreement does the Federal
Government step in, and then they backstop it and make a determination,
through FERC, what is in the interest of our Nation, what is fair, and
what is right.
Frankly, I don't know the facts about the Maryland plant, and I do
not believe we need to know them on the floor of the Senate, nor do the
Senators. What we need to know is we have a good law now on the books
that gives involvement and participation to everyone who ought to have
that, but it does not give a Governor veto power over the site.
I correct any implications or direct statements by my good friend,
the new
[[Page 16328]]
Senator from Maryland. There is no question the amendment which they
offer seeks veto power on the part of the Governor, gives the ultimate
control to the Governor of the State as to what happens to an
application. I do not believe that is what we wanted when we
overwhelmingly--as the occupant of the chair has said so many times--in
a bipartisan manner passed the Energy Policy Act.
I do not think we intended the first time we had a problem that
somebody would come to the floor and change that wonderful law that was
clear as could be, that when it came to locating LNG plants, we were
not going to revert back to where we were and take the power away from
FERC, the Federal agency in charge, and reinvest it in the Governor of
the State.
We all know how this happens. People get disgruntled about a site,
they go to the Governor, we immediately have a political tussle, and,
all of a sudden, the Governor, talking to 500, 600, 700 people at a
meeting, cannot get out of it, and that puts the Governor in the
position where he has to say: I am not going to let that happen.
We saw that over the years. We saw it in other areas. We were bold
enough in that Energy Act to change that situation, not only when it
came to this kind of LNG siting but we also changed it--just a while
ago we were talking about it as it pertained to the grid--the occupant
of the chair might recall, where we said, if the grid gets clogged up,
where you cannot get things done, we are going to actually put power in
the Federal Government to use its public powers to take that gorging
and dislodge it through eminent domain.
We did that, and we did other things, all in the interest of what we
knew was true; that you ultimately had to let energy sources and energy
grids and energy plants--you had to let the Federal Government have the
last say, especially where arbitrariness on the part of the local unit
was entering the picture and they wanted their way, their way under all
circumstances.
I thank the Chair for being aware that I am over a moment or so, but
I am now finished and have left most of the time for Senator Bingaman
because I think he will do a good job, and maybe we will not have to
have a vote. But if we do, I urge Senators not to change the law they
just voted for 77 strong. Do not change it the first time we get an
amendment of this nature coming before us. Leave it there for a try.
Let it get tried. It is going to work. It is not going to hurt anybody.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. BINGAMAN. Mr. President, I am sympathetic to the concerns of my
colleagues from Maryland, but I also rise to oppose their amendment.
Just 2 years ago, the Senate approved the Energy Policy Act of 2005
which contains this comprehensive approach to the siting of liquefied
natural gas receiving terminals. In that bill, Congress gave FERC, the
Federal Energy Regulatory Commission, the jurisdiction to approve the
siting of LNG terminals that are located on shore.
FERC acts as the lead agency for NEPA compliance and also as a safety
regulator. The combined NEPA and permitting process set forth in that
legislation, EPAct 2005, fully recognizes the role of other Federal
agencies and the role of State agencies acting under delegated Federal
authority.
A project developer is not able to move forward unless all relevant
permits are granted. FERC has addressed State concerns related to other
LNG facilities through conditions placed on its approval certificate
and it has denied a certificate due to safety concerns. So it is clear
FERC is taking this authority and responsibility very seriously.
Moreover, this EPAct 2005 legislation also mandated the consideration
of State concerns in the NEPA prefiling process which occurs very early
in the siting process. The Governor of the affected State has a direct
role in that process.
The Senators from Maryland describe their amendment as ``not
affecting FERC authority,'' but the amendment would essentially trump
FERC's authority to site the entire facility.
As my colleagues know, LNG is imported. It is delivered to this
country by ship. Therefore, an absolutely essential piece of the LNG
receiving facility is a place for the ship to moor and to unload its
cargo; that is, a dock that is constructed in the navigable waters of
the United States. The Senators' amendment would allow a Governor of an
affected State--and there is a very broad definition of which States
are affected; in fact, any State within 15 miles of the terminal would
be an affected State under their definition--it would allow the
Governor of an affected State to block the Corps' permit, Army Corps of
Engineers' permit. Obviously, there is no point in building a terminal
if the ship is not permitted to get near it.
Finally, all of us are aware of the high price of natural gas and the
pressure that puts on electricity prices, home heating prices, and on
the viability of domestic industries that rely on natural gas. The
Energy Information Administration estimates that by 2030 the United
States will need almost 21 billion cubic feet per day of regasified LNG
to meet a total estimated demand of about 81 billion cubic feet per
day. This means LNG will account for over 25 percent of our natural gas
supply. We need a workable process to assure we have adequate capacity
to meet this need.
So, Mr. President, for those reasons, I urge my colleagues to vote
``no'' on this amendment.
I know the Senator from Maryland wishes, I assume, to use the
remainder of his time or to conclude his argument. Following that, I
will yield back the remaining time in opposition.
The PRESIDING OFFICER. The Senator from Maryland is recognized.
Mr. CARDIN. Mr. President, let me thank both of my friends from New
Mexico for their leadership on this bill. They have brought forward a
good bill--a bill that I am proud to support and a bill that I hope
will be strengthened by the amendment process and that will allow us to
become energy independent because we need to for national security
reasons, for economic reasons, and for environmental reasons.
But it is important that we get it right and that LNG facilities and
terminals be placed in the right locations. My friend from New Mexico
says this is a veto power by the State. It is not veto power by the
State, no more so than you think FERC today has dictatorial powers on
siting LNG plants. What my amendment is trying to do is to make sure
our States work with the Federal Government and with our Federal
agencies on appropriately siting LNG facilities. That is how federalism
should work.
I have confidence in my Governor. He was elected by the people of
Maryland. He is going to do the right thing. He makes tough decisions.
We make tough decisions. But we should work together because that is
the way we are going to be able to get the type of energy policy in
this country that will achieve all three objectives, and that is
security for energy independence, economic security, and environmental
security for this country.
We need to engage our States. We should. This amendment does not
change the law that was passed 2 years ago. FERC power remains the
same. It amends the Rivers and Harbors Act dealing with the Army Corps
of Engineers. That is what it should be; they should be consulting and
working with the States before they issue their permits. This is a real
problem. There are dozens of applications pending today. We will be
able to site LNG plants, but let's site them in the right location.
Let's not site them, as my friend from Rhode Island said, in a very
sensitive part of Massachusetts or Rhode Island that literally would
block recreational use and endanger communities. Let's not site them in
a place right next to downtown Baltimore, which we know is going to
present a risk--not just an accidental risk but a terrorist target.
That is not where we should site LNG plants.
So we can get it right. We can get our energy policy right. I urge my
colleagues to respect federalism, respect the fact that the States and
the Federal Government should be working together on the energy
policies of this
[[Page 16329]]
country so we truly become energy independent for the right reasons. I
urge my colleagues to support the amendment.
Mr. President, I ask unanimous consent that Senator Feinstein be
added as a cosponsor of this amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BINGAMAN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. CARDIN. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 1520, as Modified
Mr. CARDIN. Mr. President, I ask unanimous consent that my amendment
No. 1520 be made the pending amendment for the purposes of modifying
it, and I send a modification to the desk.
The PRESIDING OFFICER. Is there objection?
Without objection, the amendment is so modified.
The amendment as modified is as follows:
At the end of subtitle D of title II, add the following:
SEC. 255. SUPPORT FOR ENERGY INDEPENDENCE OF THE UNITED
STATES.
It is the policy of the United States to provide support
for projects and activities to facilitate the energy
independence of the United States so as to ensure that all
but 10 percent of the energy needs of the United States are
supplied by domestic energy sources.
SEC. 256. ENERGY POLICY COMMISSION.
(a) Establishment.--
(1) In general.--There is established a commission, to be
known as the ``National Commission on Energy Independence''
(referred to in this section as the ``Commission'').
(2) Membership.--The Commission shall be composed of 15
members, of whom--
(A) 3 shall be appointed by the President;
(B) 3 shall be appointed by the majority leader of the
Senate;
(C) 3 shall be appointed by the minority leader of the
Senate;
(D) 3 shall be appointed by the Speaker of the House of
Representatives; and
(E) 3 shall be appointed by the minority leader of the
House of Representatives.
(3) Co-chairpersons.--
(A) In general.--The President shall designate 2 co-
chairpersons from among the members of the Commission
appointed.
(B) Political affiliation.--The co-chairpersons designated
under subparagraph (A) shall not both be affiliated with the
same political party.
(4) Deadline for appointment.--Members of the Commission
shall be appointed not later than 90 days after the date of
enactment of this Act.
(5) Term; vacancies.--
(A) Term.--A member of the Commission shall be appointed
for the life of the Commission.
(B) Vacancies.--Any vacancy in the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment.
(b) Purpose.--The Commission shall conduct a comprehensive
review of the energy policy of the United States by--
(1) reviewing relevant analyses of the current and long-
term energy policy of, and conditions in, the United States;
(2) identifying problems that may threaten the achievement
by the United States of long-term energy policy goals,
including energy independence;
(3) analyzing potential solutions to problems that threaten
the long-term ability of the United States to achieve those
energy policy goals; and
(4) providing recommendations that will ensure, to the
maximum extent practicable, that the energy policy goals of
the United States are achieved.
(c) Report and Recommendations.--
(1) In general.--Not later than December 31 of each of
calendar years 2009, 2011, 2013, and 2015, the Commission
shall submit to Congress and the President a report on the
progress of United States in meeting the long-term energy
policy goal of energy independence, including a detailed
statement of the consensus findings, conclusions, and
recommendations of the Commission.
(2) Legislative language.--If a recommendation submitted
under paragraph (1) involves legislative action, the report
shall include proposed legislative language to carry out the
action.
(d) Commission Personnel Matters.--
(1) Staff and director.--The Commission shall have a staff
headed by an Executive Director.
(2) Staff appointment.--The Executive Director may appoint
such personnel as the Executive Director and the Commission
determine to be appropriate.
(3) Experts and consultants.--With the approval of the
Commission, the Executive Director may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code.
(4) Federal agencies.--
(A) Detail of government employees.--
(i) In general.--Upon the request of the Commission, the
head of any Federal agency may detail, without reimbursement,
any of the personnel of the Federal agency to the Commission
to assist in carrying out the duties of the Commission.
(ii) Nature of detail.--Any detail of a Federal employee
under clause (i) shall not interrupt or otherwise affect the
civil service status or privileges of the Federal employee.
(B) Technical assistance.--Upon the request of the
Commission, the head of a Federal agency shall provide such
technical assistance to the Commission as the Commission
determines to be necessary to carry out the duties of the
Commission.
(e) Resources.--
(1) In general.--The Commission shall have reasonable
access to materials, resources, statistical data, and such
other information from Executive agencies as the Commission
determines to be necessary to carry out the duties of the
Commission.
(2) Form of requests.--The co-chairpersons of the
Commission shall make requests for access described in
paragraph (1) in writing, as necessary.
Mr. CARDIN. Mr. President, I ask unanimous consent that the amendment
be set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CARDIN. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. KOHL. 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. 1519
The PRESIDING OFFICER. Under the previous order, there will now be 2
minutes of debate equally divided on amendment No. 1519 offered by the
Senator from Wisconsin.
The Senator from Wisconsin is recognized.
Mr. KOHL. Mr. President, I urge my colleagues to join me and our 13
cosponsors in voting in favor of our OPEC amendment. This amendment
will declare price fixing by the OPEC oil cartel illegal under our
antitrust laws and will give our Government a much needed weapon to
combat the illegal actions of the OPEC cartel that harms consumers
every time they visit the gas pump.
Contrary to the fears of the opponents of this amendment, this
amendment will not harm either our foreign relations or foreign
investment in the United States. Enforcement of NOPEC is reserved
exclusively to the Justice Department. Should the administration deem
it imprudent to take action against NOPEC, then it need not do so. It
is long past time for us to have the ability, should our Government
decide to do so, to take legal action to fight back against the OPEC
conspiracy on behalf of American consumers.
So I urge my colleagues to join 345 House Members who last month
voted in huge numbers in favor of NOPEC.
I yield the remainder of my time.
The PRESIDING OFFICER. The Senator's time has expired.
The Senator from New Mexico is recognized.
Mr. BINGAMAN. Mr. President, since I don't see anyone else here, let
me speak in opposition to the amendment.
This is one of these feel-good amendments where you can tell your
constituents you struck a blow for freedom by outlawing OPEC.
The truth is, this is terrible precedent for us to say we are going
to drag foreign governments into our court system and allow them to be
sued for antitrust violations. We have always stopped short of doing
this. The precedent would be terrible because obviously they would do
the same thing with us. If we can bring foreign governments into our
courts and subject them to penalties here, they can bring our
Government into their courts and do the same thing. The courts have
stayed away from these issues. These are diplomatic issues and
political issues the courts should stay out of.
[[Page 16330]]
I urge my colleagues to oppose the amendment.
The PRESIDING OFFICER. All time has expired. The question is on
agreeing to the Kohl amendment.
Mr. BINGAMAN. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second? There appears to
be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from Connecticut (Mr. Dodd), and the Senator from South
Dakota (Mr. Johnson) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Kansas (Mr. Brownback), the Senator from Oklahoma (Mr. Coburn),
and the Senator from Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 70, nays 23, as follows:
[Rollcall Vote No. 215 Leg.]
YEAS--70
Akaka
Alexander
Baucus
Bayh
Boxer
Brown
Bunning
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Clinton
Coleman
Collins
Conrad
Corker
Craig
Crapo
Dorgan
Durbin
Ensign
Feingold
Feinstein
Graham
Grassley
Harkin
Hatch
Hutchison
Inouye
Isakson
Kennedy
Kerry
Klobuchar
Kohl
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Martinez
McCaskill
McConnell
Menendez
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Obama
Pryor
Reed (RI)
Reid (NV)
Rockefeller
Salazar
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Tester
Thune
Voinovich
Webb
Whitehouse
Wyden
NAYS--23
Allard
Bennett
Bingaman
Bond
Burr
Cochran
Cornyn
DeMint
Dole
Domenici
Enzi
Gregg
Hagel
Inhofe
Kyl
Landrieu
Lott
Lugar
Murkowski
Roberts
Sununu
Vitter
Warner
NOT VOTING--6
Biden
Brownback
Coburn
Dodd
Johnson
McCain
The amendment (No. 1519) was agreed to.
Amendment No. 1610
The PRESIDING OFFICER. Under the previous order, there will now be 2
minutes of debate equally divided on amendment No. 1610, offered by the
Senator from Maryland, Mr. Cardin.
Who seeks time?
The Senator from Maryland.
Mr. CARDIN. Mr. President, this amendment would restore the authority
of State and local governments to protect the environment and ensure
public safety with respect to siting of liquefied natural gas, LNG
terminals. This measure simply gives our States a say in whether these
kinds of facilities, LNG facilities, should be built within their
boundaries and, if so, their exact location.
The amendment does not eliminate FERC's siting authority. It doesn't
amend the FERC statute at all. It amends the Army Corps' permitting
statute and requires that the Army Corps work with our States in siting
LNG facilities.
The amendment is common sense, one that engages our States as
partners in serious decisionmaking authority as to where an LNG plant
should be located. This bill is all about securing America's future
through energy independence. We need to work with our States. It should
be federalism. We should respect the authorities of our States and the
sincerity of our Governors, and this bill restores that type of balance
so that the States are involved in protecting the environment at the
location of LNG facilities.
I urge my colleagues to support the amendment.
The PRESIDING OFFICER. The Senator from New Mexico.
Mr. BINGAMAN. Mr. President, this amendment does not just allow the
States to participate in the decision; this amendment would give the
States the ability to veto the issuance of any permit to the Army Corps
of Engineers to build a terminal and would, in that way, cut us off
from needed access to international supplies of liquefied natural gas,
LNG. We are going to be more and more dependent upon these liquefied
natural gas supplies from overseas. We need to have these terminals
constructed. We have a provision in existing law that gives us good
processes for including the States, but it is important that we not
change existing law.
Senator Domenici, did you wish to speak?
Mr. DOMENICI. Mr. President, I want to say that I wholeheartedly
agree with Senator Bingaman. Just 2\1/2\ years ago, we decided we
needed LNG so much in the future that we wanted an orderly process that
did not give the Governors of each State the right to veto. This one is
even broader. This gives Governors a 15-mile radius around the
opportunity to veto.
I don't think we should change the law so quickly. I think we should
leave it alone for a few years.
The PRESIDING OFFICER. The Senator's time has expired. The question
is on agreeing to the amendment of the Senator from Maryland, Mr.
Cardin.
Mr. BINGAMAN. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from Connecticut (Mr. Dodd), and the Senator from South
Dakota (Mr. Johnson) are necessarily absent.
Mr. LOTT. The following Senators are necessarily absent: the Senator
from Kansas (Mr. Brownback), the Senator from Oklahoma (Mr. Coburn),
and the Senator from Arizona (Mr. McCain).
The PRESIDING OFFICER (Mr. Menendez). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 37, nays 56, as follows:
[Rollcall Vote No. 216 Leg.]
YEAS--37
Akaka
Boxer
Brown
Byrd
Cantwell
Cardin
Carper
Casey
Clinton
Collins
Conrad
Durbin
Feingold
Feinstein
Harkin
Inouye
Kennedy
Kerry
Lautenberg
Leahy
Levin
Lieberman
Menendez
Mikulski
Murray
Nelson (FL)
Obama
Reed
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Stabenow
Whitehouse
Wyden
NAYS--56
Alexander
Allard
Baucus
Bayh
Bennett
Bingaman
Bond
Bunning
Burr
Chambliss
Cochran
Coleman
Corker
Cornyn
Craig
Crapo
DeMint
Dole
Domenici
Dorgan
Ensign
Enzi
Graham
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Isakson
Klobuchar
Kohl
Kyl
Landrieu
Lincoln
Lott
Lugar
Martinez
McCaskill
McConnell
Murkowski
Nelson (NE)
Pryor
Reid
Roberts
Rockefeller
Salazar
Specter
Stevens
Sununu
Tester
Thune
Vitter
Voinovich
Warner
Webb
NOT VOTING--6
Biden
Brownback
Coburn
Dodd
Johnson
McCain
The amendment (No. 1610) was rejected.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. I ask unanimous consent the order for the quorum call be
rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I ask unanimous consent that Senator Baucus
be recognized, following him, Senator Enzi, following him Senator
Gregg.
Mr. GREGG. And Senator Murkowski.
Mr. REID. Senator Enzi, how long do you wish to speak?
Mr. ENZI. Six to eight minutes.
Mr. REID. How long do you wish to speak, Senator Gregg?
[[Page 16331]]
Mr. GREGG. About 10 minutes.
Mr. REID. Senator Murkowski, do you know?
Mr. GREGG. Senator Murkowski for 5 minutes, I believe.
Ms. MURKOWSKI. Ten minutes.
Mr. REID. We will follow that by Senators Menendez, Schumer, and
Brown, up to 10 minutes each. Is that OK? You have all that down? Thank
you very much.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Montana.
Mr. BAUCUS. Mr. President, I ask unanimous consent the pending
amendments be temporarily set aside so I can offer an amendment
incorporating the Finance Committee-reported energy tax package.
The PRESIDING OFFICER. Is there objection?
Mr. DOMENICI. I object.
Mr. ENZI. I object.
The PRESIDING OFFICER. Without objection.
Mr. BAUCUS. Mr. President, I send the amendment to the desk.
The PRESIDING OFFICER. Objection is heard.
Mr. BAUCUS. Mr. President, I don't know why there is objection. I
note while there is objection, I will talk about it until we get the
objection cleared. This is a Finance Committee amendment passed out of
committee. It is very straightforward. We have a copy. The Senator from
Wyoming objected?
Mr. ENZI. Mr. President, I think the objection was on the basis that
we just got the file. We haven't looked at it at all.
Mr. BAUCUS. You will have time to look at it. We are not going to
vote on it for a while. You will have lots of time to look at it. You
will have time to look at it, believe me. This is a formality. It is
good to bring it up now so we move the process along so the Senator and
other Senators have time to look at it.
Mr. ENZI. I have no objection to someone talking on it, but I would
like to take a look at it, whatever it is.
Mr. BAUCUS. I inform the Senator I am only asking the amendment be
brought up. There will be plenty of time. In fact, the Senator could
speak as long as he wants and other Senators could speak as long as
they want as we look at the amendment.
The ordinary course is the amendment is brought up. This has been
fully vetted in the Finance Committee. Senators on both sides of the
aisle passed it by a vote of 15 to 5. Members on the Republican side
voted for it in committee.
I hope we can at least get the amendment up, and then we can work the
usual Senate will.
Mr. ENZI. Apparently, there are objections on our side. I have no
objection to you going ahead and speaking to it, but they want to look
at the amendment.
Mr. BAUCUS. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. 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. BAUCUS. Mr. President, I ask unanimous consent that the pending
amendments be temporarily laid aside so I may offer an amendment
incorporating the Finance Committee-reported energy tax package.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 1704
Mr. BAUCUS. Mr. President, I call up amendment No. 1704.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Montana [Mr. Baucus], for himself, Mr.
Grassley, Mr. Bingaman, Mrs. Lincoln, Mr. Wyden, Mr. Schumer,
Ms. Cantwell and Mr. Salazar, proposes an amendment numbered
1704 to amendment No. 1502.
Mr. BAUCUS. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. BAUCUS. Mr. President, I ask unanimous consent that Senators
Grassley, Bingaman, Lincoln, Wyden, Schumer, Cantwell, and Salazar be
added as cosponsors.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BAUCUS. Mr. President, I have a long statement here which I am
not going to read. Essentially this is the Finance Committee amendment.
It goes a long way to help create incentives for renewables and for
carbon sequestration, which is so important. It is a $20-billion-plus
amendment over 10 years. It is fully offset. It is all paid for. It
passed out of the Finance Committee by a vote of 15 to 5 earlier today.
We spent a lot of time on this amendment and I think it is one of which
the Senate can be very proud.
Basically, we are building on the strong foundation we already have
with respect to tax incentives in our country. We continue our
commitment to clean energy and renewables. We extend existing tax
incentives for solar power, wind power, fuel cells, and energy-
efficient homes and buildings. We create a tax incentive for
transmission projects related to renewable energy projects and provide
more than $3.6 billion over 10 years for renewable energy bonds. I
might say this will benefit all of the States and also is of particular
interest to my home State of Montana, and I know also to the Senator
from Iowa, Senator Grassley.
But we are going further than all that. We are also trying to extend
the frontier in three areas that are critical to our Nation's energy
future. One is cellulosic ethanol. We give significant incentives for
cellulosic ethanol development; hybrid cars, significant incentives for
the purchase of hybrid cars as well as plug-ins for hybrids; and third,
carbon sequestration.
We propose a $1.11 per gallon tax credit for up to 60 million gallons
of cellulosic fuel produced from sawgrass, agricultural wastes, and
other biomass.
Hybrid cars provide an opportunity to make transportation cleaner--
high-mileage cars with almost no emissions. I think it is worth
exploring. The amendment calls for a new credit for plug-in vehicles
for $2,500 to $7,500.
We are also trying to take advantage of the vast reserves of coal we
have in our country. We clearly also have great concerns about global
warming. I think it is imperative that we use our coal to help meet our
energy needs, but we also have to prevent carbon dioxide from escaping
into the atmosphere.
There are various provisions here with respect to carbon
sequestration. It depends upon whether it is known as a clean coal
facility, but we use tax credits provided in this mark, which must
capture and sequester at least 65 percent of its carbon dioxide
emissions. That is with respect to power that is used to generate
electricity. The utility industry tells us we can't go higher than 65
percent sequestration or captured sequestration for the utility
industry. But we are going higher in other areas, and one is the coal-
to-liquids sequestration. We extend the current 50-cent rate for coal-
to-liquids to the year 2012. We also provide for a 75-percent capture
of carbon for coal to liquids. This provision generated some
controversy in the committee--some wanted it much higher, some wanted
it lower. We felt that 72 percent is a pretty good compromise and a
good place to begin.
I will also add that we provide 50 percent bonus depreciation for new
dedicated pipelines that will be used to transport carbon dioxide from
an industrial source to a geological formation for permanent disposal.
There are many other provisions in this amendment which I will not
mention, except to say that this is a very great addition to the
underlying package. We are turning the corner here. We are enacting
legislation which will help move America away from the past and more
toward the future. The future is renewable energies, alternative
energies. It is conservation provisions which we also have in this
bill. It is utilizing our coal reserves in the same way; that is,
making sure the carbon is
[[Page 16332]]
sufficiently captured. It is all paid for, and it is paid for by
closing some loopholes in the coal and gas industry and also by
repealing the reduction for section 199 for the major oil companies.
This applies only to the five majors.
We also propose a tax on gulf oil production. Some will say: Gee,
aren't we discouraging domestic production by doing that in America
with those provisions? But I must point out that since section 199 was
enacted several years ago, the actual domestic production in the United
States has declined. A few years ago when that provision was enacted,
the price of gasoline was much lower than it is now. It is much higher
today. In addition to that, the projected profits for the oil and gas
industry for the next 10 years are projected to be $1 trillion. If you
look at the profits, if you look at how much gasoline prices have
risen, and if you look at the decline in domestic production in this
country over the last several years, even with those very high profits,
it is pretty clear this offset will not in any way diminish our
prospects of domestic production and will not cause gasoline prices to
increase. In fact, there is a study by the Joint Tax Committee which
makes that very point; namely, since these provisions were put into
effect a couple or 3 years ago, domestic production has not increased.
It has not helped increase domestic production in the United States.
Actually, domestic production has decreased.
So we feel this is a good package. It is paid for properly. It passed
the committee by a vote of 15 to 5. I recommend this Finance Committee
package to the full Senate. We will work our will on it over the next
several days, but I think it is an excellent start.
I yield the floor.
The PRESIDING OFFICER. There is a previous order.
Mr. BINGAMAN. Mr. President, who is the next person to speak?
The PRESIDING OFFICER. The Senator from Wyoming, Mr. Enzi.
Mr. BINGAMAN. I yield the floor.
The PRESIDING OFFICER. The Senator from Wyoming is recognized for 8
minutes.
____________________
GRAND TETON NATIONAL PARK EXTENSION ACT OF 2007
Mr. ENZI. Mr. President, it was just a few days ago when we heard the
news that we had lost our dear friend and colleague, Senator Craig
Thomas. We lowered our flags and joined together as a family to say
goodbye to someone who fought for what he believed in and worked to the
end to make Wyoming and the West better places to live.
Craig is now gone, but the work he began lives on. That is why I am
pleased to offer an amendment to S. 277, the Grand Teton National Park
Extension Act of 2007. My amendment builds on the work begun by Craig
and the efforts of Chairman Bingaman and Ranking Member Domenici who
worked so hard to shepherd this bill through the legislative process.
In addition, I also thank Majority Leader Reid and Minority Leader
McConnell for bringing this bill to the floor so we can make one of
Craig's legislative goals a reality.
It is no surprise that Craig worked so hard to develop, draft, and
introduce this legislation. No one understood the needs of Wyoming and
the West better than he did. Craig was a cowboy from the top of his hat
to the tip of his boots. There was nothing he enjoyed more than riding
a horse through our national forests and spending time in the great
outdoors.
Craig's love for the wide open spaces of our State led him to
introduce the Grand Teton National Park Extension Act of 2007. When it
is signed into law, it will allow the Secretary of the Interior to
accept the donation of approximately 50 acres of private land that will
be added to Grand Teton National Park. In addition to Craig, we have
the Halpin family to thank for their generosity. It will truly be a
gift enjoyed by the people of Wyoming and the West, and the whole
country, by all who come to visit our national parks every year.
When that land is added to Grand Teton National Park, it will have
another little addition to it. That addition is to rename the visitors
center the Craig Thomas Discovery and Visitor Center. It will provide
the people with a place to stop and visit during their trips to Grand
Teton where they can learn about the history of the park and the life
of Craig Thomas. I cannot think of a better way to remember Craig's
life than to share it with all who benefitted from his many years of
hard work and public service.
Craig dedicated his life to protecting and preserving our State's
natural resources, especially our parks. He was a tireless and true
advocate for those important and precious facilities, and he fought for
their protection when he served as chairman and later as ranking member
of the National Park Subcommittee of the Committee on Energy and
Natural Resources.
Craig had a proud history on the committee and in the Senate as he
constantly and consistently advocated for the best administration and
management of our park system. He authored legislation that provided
critical funding and mandated management reforms that were necessary to
keep our parks pristine and ensure they would be available for future
generations to enjoy. He worked with all of his colleagues, regardless
of their party affiliation, to increase funding for our parks so they
could better deal with the maintenance backlog that exists. Now that he
is gone, our parks have lost one of their best friends.
Renaming the visitors center will ensure Craig's legacy will continue
and never be forgotten. As noted in a letter by the Grand Teton
National Park Foundation:
Senator Thomas championed this project since 1997. His
leadership in securing an $8 million appropriation inspired
the Foundation to raise $13.6 million in private funds for
the project.
For his efforts on this and so many issues of importance to our
national park system, the Grand Teton National Park Foundation supports
the naming of the center after Senator Thomas.
I ask unanimous consent that a copy of their letter of support be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Grand Teton National
Park Foundation,
Moose, WY, June 12, 2007.
Hon. Michael B. Enzi,
Senate Russell Office Building,
Washington, DC.
Dear Senator Enzi: On behalf of the Board of the Grand
Teton National Park Foundation I am writing to endorse the
idea of naming the new Visitor Center in Grand Teton National
Park after the late Senator Craig Thomas.
Senator Thomas loved the national parks and was a tireless
advocate for them. The beautiful Grand Teton Discovery and
Visitor Center which will open this summer is a model public/
private partnership. Senator Thomas championed this project
since 1997. His leadership in securing an $8 million
appropriation inspired the Foundation to raise $13.6 million
in private funds for the project.
The ribbon cutting on August 11th will be a special day for
everyone who has been involved with this project. It will
also be a very sad day because Senator Thomas will not be
there with us to celebrate the culmination of years of work.
Feel free to contact me if you require any additional
information.
Sincerely,
Leslie Mattson-Emerson,
Executive Director.
Mr. ENZI. Mr. President, the ribbon-cutting ceremony for the newly
constructed Grand Teton Visitors Center is August 11, 2007. It will be
a day that will be long remembered by all who come to honor the memory
of one of the park's greatest champions. By passing this legislation,
we are making that day possible and ensuring that those who attend that
special ceremony will be the first to enjoy all the Craig Thomas
Discovery and Visitor Center will have to offer. This is an honor which
I know would have pleased Craig and made him very proud. I can also see
him riding tall in the saddle of a horse, taking it all in under the
brim of his favorite cowboy hat.
Naming the visitors center for Craig Thomas will also mean a great
deal to everyone who knew and loved him. It will be a tribute to a
special American that will last for a long time to come.
[[Page 16333]]
Many years from today, when people come to the park and stop by the
visitors center that bears his name, they will know that Craig Thomas
was so many things in life--a marine, a Senator, a rancher, and a
dedicated father and husband. But most of all, they will know Craig
loved Wyoming and the West and fought with everything he had to
maintain our precious resources.
I always said God saved some of his best handiwork for Wyoming. We
are fortunate that he also gave us the best champion to fight to
protect and preserve it all.
Mr. President, I ask unanimous consent that the Senate proceed to the
immediate consideration of Calendar No. 41, S. 277.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 277) to modify the boundaries of Grand Teton
National Park to include certain land within the GT Park
Subdivision, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. ENZI. Mr. President, I ask unanimous consent that the Enzi
amendment at the desk be agreed to; that the bill, as amended, be read
a third time and passed; that the motion to reconsider be laid upon the
table; and that any statements relating to the bill be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 1709) was agreed to, as follows:
(Purpose: To designate the Grand Teton Discovery and Visitor Center as
the ``Craig Thomas Discovery and Visitor Center'')
Strike section 4 and insert the following:
SEC. 4. CRAIG THOMAS DISCOVERY AND VISITOR CENTER.
(a) Findings.--Congress finds that--
(1) Craig Thomas was raised on a ranch just outside of
Cody, Wyoming, near Yellowstone National Park and Grand Teton
National Park, where he--
(A) began a lifelong association with those parks; and
(B) developed a deep and abiding dedication to the values
of the public land of the United States;
(2) during his 18-year tenure in Congress, including
service in both the Senate and the House of Representatives,
Craig Thomas forged a distinguished legislative record on
issues as diverse as public land management, agriculture,
fiscal responsibility, and rural health care;
(3) as Chairman and Ranking Member of the National Parks
Subcommittee of the Committee on Energy and Natural Resources
of the Senate and a frequent visitor to many units of the
National Park System, including Yellowstone National Park and
Grand Teton National Park, Craig Thomas was a strong
proponent for ensuring that people of all ages and abilities
had a wide range of opportunities to learn more about the
natural and cultural heritage of the United States;
(4) Craig Thomas authored legislation to provide critical
funding and management reforms to protect units of the
National Park System into the 21st century, ensuring quality
visits to units of the National Park System and the
protection of natural and cultural resources;
(5) Craig Thomas strongly supported public-private
partnerships and collaboration between the National Park
Service and other organizations that foster new opportunities
for providing visitor services while encouraging greater
citizen involvement in the stewardship of units of the
National Park System;
(6) Craig Thomas was instrumental in obtaining the Federal
share for a public-private partnership with the Grand Teton
National Park Foundation and the Grand Teton Natural History
Association to construct a new discovery and visitor center
at Grand Teton National Park;
(7) on June 4, 2007, Craig Thomas passed away after
battling cancer for 7 months;
(8) Craig Thomas is survived by his wife, Susan, and
children, Patrick, Greg, Peter, and Lexie; and
(9) in memory of the distinguished career of service of
Craig Thomas to the people of the United States, the
dedication of Craig Thomas to units of the National Park
System, generally, and to Grand Teton National Park,
specifically, and the critical role of Craig Thomas in the
new discovery and visitor center at Grand Teton National
Park, the Grand Teton Discovery and Visitor Center should be
designated as the ``Craig Thomas Discovery and Visitor
Center''.
(b) The Craig Thomas Discovery and Visitor Center.--
(1) Designation.--The Grand Teton Discovery and Visitor
Center located in Moose, Wyoming, and scheduled for
completion in August 2007 shall be known and designated as
the ``Craig Thomas Discovery and Visitor Center''.
(2) Reference.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Grand Teton Discovery and Visitor Center referred to in
paragraph (1) shall be deemed to be a reference to the
``Craig Thomas Discovery and Visitor Center''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
such sums as are necessary to carry out this Act.
The bill (S. 277), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 277
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 ``Grand Teton National Park
Extension Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Park.--The term ``Park'' means the Grand Teton National
Park.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Subdivision.--The term ``Subdivision'' means the GT
Park Subdivision, with an area of approximately 49.67 acres,
as generally depicted on--
(A) the plat recorded in the Office of the Teton County
Clerk and Recorder on December 16, 1997, numbered 918,
entitled ``Final Plat GT Park Subdivision'', and dated June
18, 1997; and
(B) the map entitled ``2006 Proposed Grand Teton Boundary
Adjustment'', numbered 136/80,198, and dated March 21, 2006,
which shall be on file and available for inspection in
appropriate offices of the National Park Service.
SEC. 3. ACQUISITION OF LAND.
(a) In General.--The Secretary may accept from any willing
donor the donation of any land or interest in land of the
Subdivision.
(b) Administration.--On acquisition of land or an interest
in land under subsection (a), the Secretary shall--
(1) include the land or interest in the boundaries of the
Park; and
(2) administer the land or interest as part of the Park, in
accordance with all applicable laws (including regulations).
(c) Deadline for Acquisition.--It is the intent of Congress
that the acquisition of land or an interest in land under
subsection (a) be completed not later than 1 year after the
date of enactment of this Act.
(d) Restriction on Transfer.--The Secretary shall not
donate, sell, exchange, or otherwise transfer any land
acquired under this section without express authorization
from Congress.
SEC. 4. CRAIG THOMAS DISCOVERY AND VISITOR CENTER.
(a) Findings.--Congress finds that--
(1) Craig Thomas was raised on a ranch just outside of
Cody, Wyoming, near Yellowstone National Park and Grand Teton
National Park, where he--
(A) began a lifelong association with those parks; and
(B) developed a deep and abiding dedication to the values
of the public land of the United States;
(2) during his 18-year tenure in Congress, including
service in both the Senate and the House of Representatives,
Craig Thomas forged a distinguished legislative record on
issues as diverse as public land management, agriculture,
fiscal responsibility, and rural health care;
(3) as Chairman and Ranking Member of the National Parks
Subcommittee of the Committee on Energy and Natural Resources
of the Senate and a frequent visitor to many units of the
National Park System, including Yellowstone National Park and
Grand Teton National Park, Craig Thomas was a strong
proponent for ensuring that people of all ages and abilities
had a wide range of opportunities to learn more about the
natural and cultural heritage of the United States;
(4) Craig Thomas authored legislation to provide critical
funding and management reforms to protect units of the
National Park System into the 21st century, ensuring quality
visits to units of the National Park System and the
protection of natural and cultural resources;
(5) Craig Thomas strongly supported public-private
partnerships and collaboration between the National Park
Service and other organizations that foster new opportunities
for providing visitor services while encouraging greater
citizen involvement in the stewardship of units of the
National Park System;
(6) Craig Thomas was instrumental in obtaining the Federal
share for a public-private partnership with the Grand Teton
National Park Foundation and the Grand Teton Natural History
Association to construct a new discovery and visitor center
at Grand Teton National Park;
(7) on June 4, 2007, Craig Thomas passed away after
battling cancer for 7 months;
(8) Craig Thomas is survived by his wife, Susan, and
children, Patrick, Greg, Peter, and Lexie; and
[[Page 16334]]
(9) in memory of the distinguished career of service of
Craig Thomas to the people of the United States, the
dedication of Craig Thomas to units of the National Park
System, generally, and to Grand Teton National Park,
specifically, and the critical role of Craig Thomas in the
new discovery and visitor center at Grand Teton National
Park, the Grand Teton Discovery and Visitor Center should be
designated as the ``Craig Thomas Discovery and Visitor
Center''.
(b) The Craig Thomas Discovery and Visitor Center.--
(1) Designation.--The Grand Teton Discovery and Visitor
Center located in Moose, Wyoming, and scheduled for
completion in August 2007 shall be known and designated as
the ``Craig Thomas Discovery and Visitor Center''.
(2) Reference.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Grand Teton Discovery and Visitor Center referred to in
paragraph (1) shall be deemed to be a reference to the
``Craig Thomas Discovery and Visitor Center''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
such sums as are necessary to carry out this Act.
Mr. ENZI. I yield the floor.
Mr. GREGG. Mr. President, I thank the Senator from Wyoming for
bringing forward this bill on behalf of Senator Thomas, who was such a
force in this Chamber and especially a force on behalf of his State. It
is a very appropriate thing to do.
____________________
CREATING LONG-TERM ENERGY ALTERNATIVES FOR THE NATION ACT OF 2007--
Continued
The PRESIDING OFFICER. Under the previous order, the Senator from New
Hampshire is recognized for 10 minutes.
Mr. GREGG. Mr. President, I rise to talk about an amendment I wish to
offer--I will offer it later--relative to the tax package that was just
introduced relative to this Energy bill.
Today, for those of us who live on the east coast, we would like to
be able to buy ethanol at a reasonable price. In fact, we would like to
be able to buy ethanol at all. The problem is, for ethanol to be
shipped to the east coast, it has to go through pipelines.
Transportation by truck or tank car is not viable, and thus ethanol,
because of its components, cannot be shipped and is not stable in going
through pipelines. So the east coast really does not have too many
options for purchasing ethanol.
One option is to buy it from the Caribbean countries that produce it
or from Brazil. Unfortunately, there is a tariff in place on Brazilian
ethanol which amounts to 54 cents a gallon. That is a tariff which
those of us on the east coast are subjected to and the effect of which
is the price of ethanol is arbitrarily overstated.
This tariff was put in place quite a while ago and was put in during
a period when the production of ethanol was not commercially viable
because the cost of oil was still very low and when corn production was
not oriented toward ethanol production. So this tariff was put in
purely as a protective tariff for the purpose of allowing the corn
industry in the Midwest to be successful in developing ethanol--at
least that is the representation.
However, that position no longer has viability. The simple fact is
that the corn industry in the Midwest is doing extraordinarily well
because not only is it still a major feedstock for most of the
traditional animal use to which it is applied, but it is also being
used aggressively for the production of ethanol. In fact, we are
looking at about 7 billion gallons of ethanol being produced this year.
Under this bill, for the purpose of gasoline replacement, it will be
required that we have 36 billion gallons produced by the year 2022. So
we are putting in place mandates which will absolutely require an
expansion in the use of ethanol of dramatic proportions, which we
should, and which will therefore raise the ship of the production of
ethanol by the use of corn in the Midwest or sugar beets in the
Northern Plains States as a form of producing ethanol. Therefore, they
should not be concerned about the threat or the potential threat or the
alleged threat of having ethanol come into this country from other
producers in the Western Hemisphere, such as Brazil, because that is
not going to affect their price and it is not going to affect their
production capability.
Secondly, we still have in place in this bill and under the
agricultural bills which we passed in the Senate a $3 billion annual
subsidy for corn production--a $3 billion annual subsidy. The irony is
we are subsidizing a product which is now extraordinarily productive
and which has great viability--corn production--and, in fact, the cost
of which has gone up so much that we are hearing complaints from many
of the various farm communities, such as cattle producers who need
corn, because the price has gone up so much as a result of the demand
for corn. But at the same time, we are making it virtually impossible,
because of the protective attitude of the Midwest on the issue of corn
production for ethanol, to bring into the Northeast and into the
Eastern States ethanol at a viable price and at a competitive price.
Our goal basically as an economy should be to get ourselves off oil,
to move away from oil, and to move to ethanol production, which is the
most efficient and cost competitive.
So the Northeast and the Eastern States should be allowed to purchase
ethanol from Brazil without this arbitrary tariff that was put in place
many years ago and continues.
In addition, if you just want to look at it on the basis of
purchasing an overseas product--and some will argue this is just going
to underwrite the foreign production of an energy source, ethanol, in
Brazil--you can make that argument, but as a practical matter, if you
make that argument, you have to ask yourself, would you rather buy
ethanol from Brazil or oil from Venezuela because essentially the
choice is just about that stark. You can buy your ethanol from Brazil
or you can buy Venezuelan oil.
By making Brazilian ethanol more competitive and taking off this
arbitrary 54-cents-a-gallon increase, which people from the East have
to pay, you will actually make ethanol a more viable product in the
East and thus reduce our reliance, for example, on Venezuelan oil or,
for that matter, Middle Eastern oil. I personally would rather be
buying ethanol from a country such as Brazil than buying oil from the
Middle East or from Venezuela.
So the arguments for eliminating this tariff are myriad. They are
that we should be purchasing ethanol at the most competitive price,
that the Northeast and the East cannot purchase Midwestern ethanol
anyway at a competitive value because it cannot be shipped by pipeline
because it is so combustible.
The original concept of protecting corn producers in the Midwest no
longer has viability in light of the fact that we have mandated an
ethanol usage in this country that is going to absorb just about every
ounce of corn produced, and we see corn prices are already at
extraordinarily high price and that has put a lot of pressure as a
feedstock commodity on various other industries, such as cattle
production; and that it makes no sense in light of the $3 billion
subsidy which we already have in place for corn to require people in
the Northeast--who are paying that subsidy, by the way, through their
taxes--to also have to pay an inflated price for ethanol which is
produced in Brazil. If we are going to choose to use overseas sources
of energy, which we are going to have to on the east coast, at least
for the foreseeable future, why wouldn't we choose ethanol produced in
Brazil over oil produced in the Middle East or Venezuela?
In addition, there is another argument, which is that if the Midwest
is so concerned about having this tariff in place, they seem to be
cutting off their nose to spite their face because the practical matter
is that the more ethanol that is used on the east coast where the
population of this country is concentrated to a large degree, the more
the east coast will become dependent on ethanol, and when we get over
this hurdle of moving ethanol through pipelines or other ways of moving
it from the Midwest to suppliers and producers, we will see there is a
demand that has been created, and
[[Page 16335]]
at that point we will have a competitive commodity, one presumes, with
the Brazilian ethanol.
There is no logic to continuing this arbitrary tax on people from the
Northeast and the East relative to the price on ethanol, a 54-cent-per-
gallon tax. It should be repealed, and therefore I will be offering an
amendment to repeal this tariff.
Mr. President, I yield the floor.
The PRESIDING OFFICER. Under the previous order, the Senator from
Alaska is recognized for 5 minutes.
Thirtieth Anniversary of the Trans-Alaska Oil Pipeline
Ms. MURKOWSKI. Mr. President, I rise this evening to acknowledge the
30th anniversary of the first drop of oil passing through the Trans-
Alaska Oil Pipeline. This is truly an engineering marvel which is a
central component of the transportation of oil from the largest single
domestic source in America's history--Prudhoe Bay--to the rest of the
United States, where it powers industry and provides jobs to this day.
Alaska has been called a lot of different things, some not too
complimentary, unfortunately. You may remember the term ``Seward's
folly.'' This was after the United States approved the purchase of
Alaska from Russia in 1867 which got the State of Alaska, the
territory, for $7.2 million. ``Seward's folly'' was a reference to
Secretary of State William Seward, who was an advocate for the
purchase.
Alaskans themselves dubbed it ``Seward's icebox,'' reflecting the
sentiment Americans had toward our supposedly barren, dark, ice-covered
land. But we soon recognized there was far more than just dark, barren,
empty land. It was not an icebox but instead a lush, resource-rich, and
stunningly beautiful land.
Gold was discovered in the 1890s, and black gold, or oil, was
discovered about 75 years later. While oil is often viewed in a
negative context these days, the fact remains that this black gold has
enabled America to grow into the economic power it is today.
Alaskan oil, quite honestly, could not have been found in a more
inconvenient place. Prudhoe Bay, which is the location of the massive
1968 discovery, contained oil in ground that was permanently frozen up
to 1,000 feet deep in the northernmost section of the State with three
mountain ranges between it and the nearest ice-free port.
Seven oil companies got together to discuss how they might move the
oil to the lower 48 States. There were several options that were
proposed at the time. One of them was a water route that would use
large ice-breaking tankers--essentially plowing through the ice--to get
the oil down to the lower 48 market. A second option was a water route
using submarines. A combined land and water system with a Trans-Alaska
Pipeline and shipments from a southern Alaskan port was the third
option and the option that was considered to be most feasible for
several different reasons from the technical, the economic, and the
legal issues that surrounded it.
The third option, this Trans-Alaska Pipeline, raised so many concerns
and so many problems that for many it seemed an impossible task. The
southern two-thirds of the proposed route was the most seismically
active area in North America. This was the location of the very famous
1964 earthquake centered out of Valdez. The southern portion also
contains a very high avalanche threat. Permafrost, which is the
permanently frozen ground, runs about half the length of that pipeline
route. You will find permafrost in that area. These all presented an
unprecedented engineering challenge. The pipe would have to span a
distance greater than the distance between Oregon and Mexico or, to put
it in perspective as to where we are here, it would be the equivalent
distance of going from this Capitol in Washington, DC, all the way
south to Orlando, FL. That is the distance our Trans-Alaska Pipeline
covers today.
Also, keep in mind we are not only talking about an incredibly long
800-mile pipe, but it is a stretch of land that includes thousands of
rivers, three mountain ranges, and we have air temperatures ranging
from minus 80 degrees below in the wintertime to a positive 95 degrees
in the summer. So the challenges that faced the Nation as they looked
to this engineering feat were quite incredible.
There were also political obstacles that were pretty steep.
Environmental concerns, which, quite honestly, mirror the modern-day
debate over oil development in the Coastal Plain of the Arctic National
Wildlife Refuge, resulted in a 50-50 Senate tie on the vote for the
pipeline's approval. Vice President Spiro Agnew cast the tie-breaking
affirmative vote in this Chamber about 34 years ago.
It took 38 months, billions of the final $8 billion pricetag, and
1,347 State and Federal permits later for the construction to begin on
one of the most ambitious engineering endeavors in the history of the
world. During construction, thousands of would-be job seekers flocked
to Alaska, and those workers battled the cold in the winter that caused
the equipment to freeze up, and in the summer they battled sunken bogs
when digging the concrete supports that allow the pipeline to shift in
order to deal with the temperature changes and the seismic activity.
They solved problems such as installing the pipe in both Atigun Pass
and Thompson Pass, incredibly steep terrain just outside the southern
terminus in Valdez. The terrain is so steep there that workers had to
be tethered to the peaks by cables to keep them from falling down the
slopes.
Mr. President, I think I have probably used my 5 minutes. I ask
unanimous consent for an additional 2 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. MURKOWSKI. I thank the Chair.
Along the way, those working on this pipeline made major engineering
advances, learning how to insulate the pipe and how to keep the
permafrost ground frozen so that the pipe didn't sink out of site. When
the project was completed in 1977, 3 years after construction started,
we had a new domestic supply of oil made available to the United
States--the single largest domestic source it has ever had.
On average, the Trans-Alaska Pipeline--we call it TAPS--now sees just
over 800,000 barrels of oil pass through it each day. This is 231,000
barrels per hour and 22,000 gallons per minute. So, in other words, in
the time I have been standing to address you, Mr. President, it has
transported about 100,000 gallons of crude.
At peak production, TAPS provided the United States with about 2
million barrels of oil a day, or 30 percent more than Saudi Arabia does
today, and nearly as much oil as the entire Persian Gulf provides our
country today. And Alaskan oil, unlike Middle Eastern oil, does not
come from unstable regimes, does not hinder our foreign policy options
by bonding us and our allies to such regimes, and is not at risk of
being cut off due to instability. We have been a stable domestic
supplier of the oil needs of the United States for over 30 years.
The pipeline has turned out to be a much better deal than originally
anticipated. The dire predictions of environmental disaster have been
proven false. There have been minor spills, we acknowledge, but the
environment and the wildlife have been unaffected by the Trans-Alaska
Pipeline. Our caribou numbers have actually grown along the pipeline
area, with estimates of up to sixfold in terms of the herd. Moose and
bear have not been affected, and little oil has been added to the
environment. All land spills have been completely cleaned up.
Additionally, while Prudhoe Bay was originally forecast to contain 9
billion barrels of recoverable oil, we will actually recover twice that
much, about 18 billion barrels, by the time that field is depleted.
We recognize the days of abundant Prudhoe Bay oil are dwindling. We
have produced about 15 billion barrels of oil, leaving only about 3
billion barrels remaining to recover. Output has fallen by more than 7
percent a year recently. According to the Energy Information
Administration, Prudhoe Bay production will be down to 270,000 barrels
per day by 2030, a level so low that the pipeline likely will not be
able to function in winter's cold and may become inoperable. That could
``shut-in''
[[Page 16336]]
billions of barrels of future heavy oil deposits in the Greater Prudhoe
Bay area and perhaps hamper oil recoveries from elsewhere in northern
Alaska and the OCS off the State's coast.
In the meantime, U.S. oil imports have grown to account for 58
percent of our current net oil consumption. Twenty years from now, that
number is forecasted to climb to 68 percent.
So I ask my colleagues and the American people, as we remember today
what Alaska and the Trans-Alaska Pipeline system has given to our
country, to consider also what Alaska could provide for America's
future. The decision truly lies in the hands of Congress.
Mr. President, I appreciate the time, and I yield the floor.
The PRESIDING OFFICER. The Senator from Ohio.
Mr. BROWN. Mr. President, I ask unanimous consent to speak out of
turn.
The PRESIDING OFFICER. Without objection, it is so ordered.
Employee Free Choice Act
Mr. BROWN. Mr. President, historians who take a clear-eyed look at
the last 30 years will tell you, and in particular economists will tell
you, productivity has been rising, our economy has been expanding, and
the workers responsible for our Nation's prosperity have not reaped
anywhere near their share of the benefits which they have earned.
In 2005, the real median household income in America was down almost
3 percent from the median income in 2000. That is understanding that
productivity has sharply increased among American workers. In Ohio,
median income was down almost 10 percent. Meanwhile, the average CEO
makes 411 times more than the average worker. As recently as 1990, the
average CEO made 107 times more; so from 107 times more than the
average worker in 1990 to now, 411 times more than the average worker.
Let me explain it another way. In the Agriculture Committee a couple
of months ago, a young woman in her mid-thirties, with a 9-year-old
son, came and testified about food stamps. The average food stamp
beneficiary in our country gets about $1 per meal per person. She and
her son got about $6 a day for food stamps. She works full time at a
$9-an-hour job. She has no health care benefits. She gets a food stamp
benefit. She is president of the local PTA at her son's school. She
volunteers to teach Sunday school. And she is active in the Cub Scouts
for her son. She works, as I said, full time, making $9 an hour, and
gets a small food stamp benefit.
She says at the beginning of the month she serves her son porkchops a
couple of times, and as the month goes on she takes him to a fast food
restaurant once or twice, but by the last couple of days of the month
she sits at the kitchen table with her son and doesn't eat. Her son
asks her what is wrong, and she says she's just not feeling well. She
simply runs out of money at the end of the month. This is somebody
playing by the rules.
Later in the day, on the Banking Committee, a committee on which I
sit with the Presiding Officer from New Jersey, Secretary Paulson was
testifying, the Secretary of the Treasury, and I told him the story of
this lady from Middletown, OH.
He said: Senator, you have to understand we have had 2\1/2\, 3
percent economic growth in the last year. Things in our country are
going well.
Yes, things are going well in terms of profits for corporations.
Things are going well in terms of top executives. But too often they
really aren't. Just look at this chart from 1946 to 1973. Economic
opportunities for poor and working families grew. The incomes of the
country's workers are divided. The lowest 20 percent, second lowest,
middle, and then the top 20, top 40 percent, and the top 20 percent
here. Families who worked hard and played by the rules had a real
chance of getting ahead. You can see those from 1947 to 1973, the
lowest 20 percent of our wage earners had the highest growth in income;
those who made the most had the lowest. So we are seeing all boats
rise--boats rising a little faster for those in the lowest incomes.
Beginning in about 1973 and through to 2000, workers at the bottom
and in the middle began to share less and less of the wealth they
created. Even though their productivity was going up, their wealth
didn't, their wages didn't. Economic growth flattened out for those
same families. You can see there is still economic growth at the lowest
20, 40, 60 percent, but the fastest growth in incomes was in the top 20
percent. That was in 2000.
As the economic pie got bigger, the slice for most Americans got
smaller. Here you can see the most devastating news of all in the last
4, 5, 6 years. The only people who had economic growth in this country
were the top 1 percent. These are the five quintiles. The top 1 percent
are the only ones who had economic growth, and those at the bottom fell
the furthest and further behind.
Historians will also say that in 2006 the middle class spoke up and
sent a message to Congress demanding change. This Congress raised the
minimum wage for the first time in a decade. This Congress is fighting
for fair trade like never before. And I speak today, Mr. President, in
support of the Employee Free Choice Act, which goes to the heart of the
plight of working families to reap the benefits of the productivity
they created, to provide a home and health care and pensions for
themselves and a college education for their kids.
The Employee Free Choice Act is a historic step for working families.
It would give workers the right to organize so they can fight for fair
wages and decent benefits. The efforts of labor organizers more than
100 years ago finally led to the progress made seven decades ago with
the signing of the Wagner Act. The rights that became law then ensured
fair pay and decent working conditions.
But more and more employers chose to flout the law by intimidating
workers and suppressing union activities. All across Ohio, I talk with
workers who have tried to form a union and who share with me the
tactics taken by some employers--not all but some employers--to prevent
workers from organizing.
I talked with Bill Lawthorn from Macomb, OH. Bill and his coworkers
wanted a union so workers would be treated with the respect and dignity
all laborers deserve. They hoped with the union they would get fair and
decent wages, a decent retirement plan, and decent health care
benefits. According to Bill, the company responded with threats, with
intimidation, and harassment.
Bill said the company threatened to fire him even if the campaign for
the union failed. The union lost the election, and the day after, Bill,
in fact, was fired. Since then, various labor boards have held the
company's actions were illegal. Bill has not been reinstated, though,
or seen 1 cent of backpay, even though his firing was illegal. That is
why we need the Employee Free Choice Act.
Despite the struggle, despite doing odd jobs to pay the bills and
relying on friends, family, and neighbors, Bill says, if he had the
chance to do it all over again, he would do everything exactly the same
because he knew he was right. It was the right thing to do, he said,
and the Employee Free Choice Act is the right thing to do.
In 2005 alone, 31,000 employees were awarded backpay by a very
conservative pro-business National Labor Relations Board due to
retaliatory firings and unfair labor practices. I repeat, 31,000
employees were given backpay because, according to the National Labor
Relations Board, they were fired illegally and unfairly.
Many companies decide to fire union supporters. Even if employees
later successfully prove their case, the penalties all too often are an
insufficient deterrent. These practices must end. The Employee Free
Choice Act is the first step.
For the first time in our history, our sons and daughters do not have
the opportunities their moms and dads had. A son, in 1994, earned 5
percent higher wages than his dad did in 1964. You can see how wages
went up in that generation. But in 2004, a son's wages were down 12
percent from what his father
[[Page 16337]]
made in 1974. You can see, too many kids are pessimistic about their
futures.
We cannot continue this course. Unions are an agent for change.
History will show that this Congress responded to the ever-increasing
gap between the haves and have-nots. Fair trade, fair wages and
benefits, the right to join a union--all three are basic to a society
where work is rewarded and worker intimidation is not tolerated.
Majority Leader Reid is committed to moving forward on fair trade
issues, on fair wages and fair benefits issues, as we already have, and
equally importantly, the right to join a union.
The Employee Free Choice Act is a major step for working families. I
urge my colleagues to support it.
The PRESIDING OFFICER. The majority leader.
Mr. REID. Mr. President, I first would like to express my
appreciation to the distinguished Senator from Ohio for his advocacy
for better trade policy for our country. I also appreciate his graphic
illustration of what is happening in our country now, when sons are
making less than their fathers.
It is difficult to comprehend, but that is the position in which we
find ourselves, so we need a better trade policy, and we certainly need
to pass the card check and Employees Free Choice Act.
I appreciate the statement of the Senator from Ohio and his constant
advocacy for a better trade policy.
Mr. BYRD. Mr. President, today I voted in support of the NOPEC
amendment to H.R. 6, which was offered by my colleague, Senator Herbert
Kohl. The amendment seeks to prevent OPEC nations from continuing to
conspire to limit the supply of oil and to drive up America's already
exorbitant energy costs. While I recognize that this is not a perfect
piece of legislation, and that it may require the addition of certain
clarifying provisions to ascertain its applicability in particular
circumstances, I believe that it is a fine first step toward finally
holding OPEC accountable for its actions. The time is long overdue for
America's working families to send OPEC the message that West
Virginians in particular will no longer be content to sit quietly by
the side of the road, watching OPEC drive our gas and home heating
prices to ever higher levels. This amendment is meant to send a
signal--a signal to OPEC nations that the American people are not going
to take it anymore. We will no longer be held hostage to OPEC's self-
serving energy policies, which line their pockets, at the expense of
our pocketbooks.
Mr. REID. Mr. President, I will be very brief, but I do want to say
that I have been in the Senate now for a number of years, with
Republican leaders and Democratic leaders, Democratic majorities and
Republican majorities, and never have we had a situation like we have
had this past 6 months. We have to move to cloture on virtually
everything--everything. I am going to file, now, tonight, four cloture
motions. Never have we had to do this before.
It is common practice, and has been for all the time we have been a
Senate, that, because you are dealing with the House, you are offering
a substitute amendment that takes place with the Senate bill. Without
going into a lot of detail, we rarely in the past had to file cloture
on not only the substitute but also the underlying bill. We have to do
it on virtually everything. We have never had to file cloture on every
motion to proceed. That is what we are having to do now. It is a
tremendous waste of the time of the Senate and of the country, but that
is what we have to do. That is what I am going to do tonight.
It is going to become apparent, and is to some people, and some
writing is taking place on it now, that we had to file so many cloture
motions. It is because we have on almost every occasion had to file
cloture on everything. It is a struggle to get legislation here to the
floor. The minority's goal, the Republicans' No. 1 goal, I guess, at
this time is to see that we don't get anything done. But in spite of
that, we have been able to get a lot done. It has been difficult. It
has been slogging. It has been slow.
We have a list of things we have been able to accomplish, with which
I think the country should be very happy--minimum wage; we have been
able to get disaster relief for farmers for the first time in 3 years;
we passed a balanced budget amendment; we funded the Government with a
continuing resolution. We have been able to do a number of things.
There is no need to run through the entire list tonight other than to
say it is too bad it has been so difficult to get those things done. We
are very close to being able to finish the conference on the lobbying
ethics reform; 9/11--I spoke to Senator Lieberman earlier this evening,
that is basically all done.
We have a difficult schedule. Why? Because of having to jump through
every procedural hoop. It would be different if we were doing it
because of people who didn't like immigration. I understand that. But
we are doing it on everything we bring through the Senate.
CLOTURE MOTION
Mr. REID. I send a cloture motion to the desk.
The PRESIDING OFFICER (Mr. Brown). The cloture motion having been
presented under rule XXII, the Chair directs the clerk to read the
motion.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the Baucus tax
amendment No. 1704 to H.R. 6, the Energy bill.
Max Baucus, Jay Rockefeller, Kent Conrad, Jeff Bingaman,
John Kerry, Blanche L. Lincoln, Charles Schumer, Amy
Klobuchar, Byron L. Dorgan, Ron Wyden, Maria Cantwell,
Ken Salazar, Daniel K. Akaka, Daniel K. Inouye, Sheldon
Whitehouse, Sherrod Brown, Harry Reid.
Cloture Motion
Mr. REID. I send a cloture motion to the desk.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the Reid
substitute amendment No. 1502 to Calendar No. 9, H.R. 6, the
Energy bill.
Jeff Bingaman, Barbara Boxer, Patty Murray, John Kerry,
Robert Menendez, Kent Conrad, Pat Leahy, Russell
Feingold, Jack Reed, Christopher Dodd, Ken Salazar, Joe
Biden, Frank R. Lautenberg, Daniel K. Inouye, Dianne
Feinstein, Jay Rockefeller, Byron L. Dorgan.
Mr. REID. Mr. President, I ask unanimous consent that on the first
cloture motion I filed, the mandatory quorum required under rule XXII
be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, on the one I just filed, I ask unanimous
consent that the mandatory quorum call required under rule XXII be
waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
Cloture Motion
Mr. REID. I send a cloture motion to the desk.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on Calendar No. 9,
H.R. 6, Comprehensive Energy legislation.
Jeff Bingaman, Barbara Boxer, Patty Murray, John Kerry,
Robert Menendez, Kent Conrad, Pat Leahy, Russell
Feingold, Jack Reed, Christopher Dodd, Ken Salazar, Joe
Biden, Frank R. Lautenberg, Daniel K. Inouye, Dianne
Feinstein, Jay Rockefeller, Byron L. Dorgan.
Mr. REID. I ask unanimous consent that the mandatory quorum call
required under rule XXII be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I was going to ask, on a number of these
matters, unanimous consent that we move forward on them. I am not going
to do
[[Page 16338]]
that tonight. I only appeal to my friends, the Republicans, that they
take a look at this and find out if it is absolutely necessary that we
have these cloture votes. If we follow through on all these, we will
have to work both this weekend and part of the next weekend. I hope we
do not have to do that. If it were productive time, it would be one
thing, but it is basically a waste of time.
____________________
FREE CHOICE ACT OF 2007--MOTION TO PROCEED
Mr. REID. Mr. President, as I indicated, I was going to ask consent
that the Senate proceed to consideration of Calendar No. 66, H.R. 800,
the Free Choice Act of 2007, at a time to be determined by the majority
leader following consultation with the Republican leader, but I am not
going to do that.
CLOTURE MOTION
I now move to proceed to Calendar No. 66, S. 800, and send a cloture
motion to the desk.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
do hereby move to bring to a close debate on the motion to
proceed to Calendar No. 66, H.R. 800, the Free Choice Act of
2007.
Harry Reid, Ted Kennedy, Patty Murray, Bernard Sanders,
Charles Schumer, Russell D. Feingold, Jack Reed, Barack
Obama, Christopher Dodd, B.A. Mikulski, Pat Leahy, John
Kerry, Robert Menendez, Claire McCaskill, Debbie
Stabenow, Frank R. Lautenberg, Joe Biden, H.R. Clinton.
Mr. REID. I ask unanimous consent that the mandatory quorum required
under rule XXII be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, I now withdraw the motion.
The PRESIDING OFFICER. The motion is withdrawn.
The Senator from New Jersey is recognized.
Mr. MENENDEZ. Mr. President, am I next in the order?
The PRESIDING OFFICER. The Parliamentarian shows the Senator from New
Jersey is to be recognized for up to 10 minutes and then the senior
Senator from New York for up to 10 minutes.
Mr. MENENDEZ. Mr. President, I rise in strong support of the Employee
Free Choice Act, of which I am proud to be an original cosponsor. This
bill will level the playing field for workers seeking a voice at work
and ensure they have the freedom to choose to join a union without
coercion. I applaud Senator Kennedy for his passion to move this bill
forward and his relentless fight to improve and uphold the rights of
workers.
Some may ask why this change is needed. They may think that in 2007,
in this great democratic Nation, the right of an employee to seek
representation in their workplace is alive and well. It should be. But
the fact is, under current law, there are loopholes that have been
exploited, tactics that have been utilized, and actions taken against
employees that have undermined the basic rights to which employees
should be entitled.
We have a chart that shows the number of workers facing roadblocks
trying to form a union. From start to finish, workers often face
roadblock after roadblock in trying to seek union representation.
Active union workers are fired; employers challenge and file appeals
with the NLRB; and employers can simply stall the process and prevent
it from moving forward.
We cannot ignore that there are some concerted and disturbing efforts
that have tainted what should be a fair process. In that process,
employees are fired in roughly one quarter of all private-sector
organizing efforts. One in five workers who openly advocate for a union
during an election campaign is fired.
In 2005 alone, some 30,000 workers experienced some form of
discrimination for their participation in an organizing effort,
resulting in lost wages or lost jobs. And, in an increasingly common
trend, a vast majority of private employers are hiring union-busting
consultants to fight unionization drives.
Clearly, existing law has not been enough to deter these types of
tactics. The Employee Free Choice Act would close loopholes that have
allowed employers to abuse the labor process without repercussion, and
it would beef up the penalties for violation. Part of the problem is
that under current law, there is not a strong enough incentive to
follow the law.
While employers face stiff penalties for firing an employee based on
race, gender, or disability, they face minimal penalties for firing an
employee for union organizing.
In addition to enacting stronger penalties, this legislation would
essentially enforce the steps that are supposed to take place, but
often do not. A key part of this bill is that it will bring people to
the table. It would ensure that when employees make their voices heard,
the process moves forward. This is not forcing the hand of employers or
employees, but it simply ensures that negotiations that are supposed to
take place will take place.
Currently, employees can agree to join a union, but then the process
is dragged out for months or years. This is not the spirit of the law.
The Employee Free Choice Act will restore that spirit and uphold the
meaning of the rights employees are supposed to have.
Improving the rights of workers is not just about fairness--it is
also about equity. We know that workers who have a voice at work have
better benefits and are able to provide a higher quality of life for
their families. When nearly half of all Americans report having just
``enough to get by,'' it should be obvious that we need to take action
to improve the economic standing of many of our workers.
The fact is, union membership means higher wages. According to the
Department of Labor, union workers earn 30 percent higher weekly
earnings than non-union workers--that is an average of $191 dollars per
week, or more than $9,000 per year.
This is especially true for minorities. Latinos represented by unions
typically earn median wages that are 46 percent higher than non-
unionized Latinos. Women and African-Americans typically earn more than
30 percent higher median wages when they are unionized. By opening the
door for more workers to seek union representation, we are helping
ensure a pathway to fairness and hopefully, a pathway to a better
quality of life.
Hardworking Americans deserve the chance that this bill provides.
They deserve a strong law that will not allow employers to skirt its
meaning; a law that will protect their decisions and ensure their
voices will be heard.
That is why I support this bill. I believe a majority of voices
should be upheld and I believe that our workplaces should be the very
best they can be for our Nation's workers.
So I urge my colleagues to support the Employee Free Choice Act to
protect and enforce the rights of any worker to freely join a union;
free from intimidation, free from back-door tactics, free from fear of
retribution. That is a right. That is a right that no worker in America
should be denied.
I hope we will have the support of our colleagues when this comes to
a vote on the floor.
I yield the floor.
The PRESIDING OFFICER (Mr. Brown). The Senator from New York.
Mr. SCHUMER. Mr. President, I rise to first speak briefly about the
Employee Free Choice Act, which is a very important piece of
legislation. In fact, I introduced the original bill 4 years ago,
worked hard to persuade many of my colleagues in the labor movement
that this should be a top priority. I am so glad it is. I wish to
salute the Senator from Massachusetts, Mr. Kennedy, who has taken
leadership on this issue. I am proud to be an original cosponsor of the
bill.
Let me say this: Before the union movement in America, we had a few
wealthy people and a lot of poor people and not much of a middle class.
The great thing about the union movement
[[Page 16339]]
is it created a middle class. Through struggles of laboring men and
women from about 1870 to 1960, America became a country that was about
30 or 35 percent unionized.
What that meant was that wages rose, benefits rose, health care rose,
and America was a prosperous country. Without a middle class, America
would not have prospered. Then, in the late 1970s and early 1980s, many
employers who wished to prevent unions or beat back unions found new
ways to basically thwart what was the original thrust of the NLRB,
which was to freely allow men and women to organize.
They hired lawyers. There are law firms with hundreds of people whose
whole job is to prevent unionization. They basically succeeded. So as
old industries closed, new industries that have as much reason to
organize did not. Factories closed, office towers came about, but the
union jobs did not follow from the factories to the office towers, with
the exception of the public sector.
So now we are in this situation where fewer than 10 percent of
American workers are organized. That hurts America. That means that men
and women are not able to bargain collectively for rights. When you
talk about declining wages of the middle class, when you talk about
declining health benefits of the middle class, one--not the only but
one of the reasons is we do not have unions.
Fewer and fewer Americans are organized. What the legislation does,
what the Employee Free Choice Act does, is very simply restore the
balance so it would be as easy to organize a factory in an office tower
in 2007 as it was to organize a factory in the 1930s or 1940s or 1950s.
To show you the law works, Canada has basically the same economic
structure as America. Canada is over 30 percent organized and America
is 8 percent organized. One reason, they have a law such as the
Employee Free Choice Act which allows a majority of employees to sign a
card and then a union takes effect.
One of the great problems in the new America is income inequality.
The top 1 percent of America represents 9 percent of the income in
1980, 16 percent in 2001, and now it is over 20 percent by the latest
statistics. One of the many ways to overcome that inequality is to make
it a little easier for people to organize.
So I think this legislation is extremely important to the basic
fabric of America. If we want middle-class people to continue to have
wage growth and benefit growth, unions are basically essential. So I am
proud to support this legislation.
I understand there are employers who fight it tooth and nail. I have
seen some of the ads. There is one today in one of the papers,
particularly vicious, with a picture of a union leader and then of two
dictators. I thought it was the kind of cheap shot we shouldn't see in
this country.
The bottom line is simple. This legislation is vital to the health,
economic health of working men and women and vital to keeping a middle
class in America and not reverting to the old days, when you had very
few wealthy people and a large number of struggling people. I support
the legislation.
Amendments Nos. 1604, 1605, 1606, and 1656 to H.R. 6
Second, I would like to speak about amendments 1604, 1605, 1606, and
1656, amendments I will be offering to H.R. 6. I am not going to offer
them tonight because none of my colleagues from the opposing side are
here. But they are important.
This is an energy bill that is vital to the country. We all want to
curb the emission of CO2, we want to curb our dependence on
foreign oil, and we want to bring down the prices of gasoline,
electricity, and all the other commodities that are petroleum
dependent. There has been a great deal of talk and focus on alternative
fuels. That is very good. But alternative fuels are the ``sizzle'' and
conservation is the ``steak'' when it comes to reducing our dependence
on oil and particularly foreign oil
It costs about a quarter as much to conserve as it does to create an
alternative. So these amendments are very simple. I wish to thank the
Finance Committee, first, for drafting a provision that will take
billions of dollars in tax breaks and other benefits from the oil
industry to create new, improved incentives to promote solar power and
wind power and cellulosic ethanol.
But we also have to do energy efficiency. You do not have to be
Thomas Edison to know that better energy efficiency is a win-win for
American families. The Federal Government, thus far, has failed to take
the lead in promoting commercializing or deploying energy efficiency
technologies despite their cost-effectiveness and reliability.
Unlike the development of cutting new alternative and renewable fuel
sources, we do not have to wait for new technologies to reap the
benefits of energy efficiency in our homes. An excellent example is our
largest State in population, California. Over the past 30 years, it has
demonstrated significant efficiency gains that can be achieved through
various energy efficiency measures, especially by increasing the
efficiency of utilities, buildings, and appliances.
With these measures, California has generated more than 20 percent of
energy savings since 1975. California's energy use, per capita, is
similar to many countries in Europe because they did this 30 years ago.
So if California can do it, so can America.
The four amendments I have mentioned, one on buildings, two on
appliances, and one on electric generation, take the California
legislation and basically apply it to America. I am going to discuss
each.
The first amendment will create a national energy efficiency resource
standard that would require utilities to achieve a small percentage of
energy savings every year based on their annual sales.
Under my amendment, utilities can generate energy savings through a
variety of ways, including helping their customers save energy through
energy-efficient programs, improving energy efficiency in their own
distribution systems or credit trading.
Energy savings requirements are phased in in small increments each
year, which will give the utilities enough time to boost their energy
savings program.
This is not a new idea. Many States already successfully have
implemented EERS standards--not only California but Colorado,
Connecticut, Hawaii, Minnesota, Nevada, Pennsylvania, Texas, Vermont,
Virginia, and Washington.
Several States, including my State of New York, as well as New
Jersey, Illinois, Massachusetts, and North Carolina, are actively
working to implement the standard. Since the States are moving forward
on this standard, it makes sense for Congress to create a national
standard so all Americans can reap the benefit of increased energy
savings.
According to the American Council for an Energy Efficient Economy, by
2020 a national EERS will reduce peak electric demand by 130,000
megawatts, saving enough to power 40 million households and reduce
CO2 emissions by more than 300 million metric tons. That is
equivalent to taking 70 million cars off the road. Is that not
incredible? By simply requiring our utilities to be efficient, it is
equivalent to taking 70 million cars off the road. I hope we are going
to do it. It would save U.S. consumers $26 billion from their utility
bills. So this is a huge amendment that can do a great deal.
Now, my second amendment deals with buildings. Buildings account for
37 percent of the total energy used in the United States and two-thirds
of the electricity. We all focus on cars. We are going to have a fight
on CAFE standards. But buildings are as important as cars in producing
efficiency. There is much less controversy and we can get it done more
easily.
California has demonstrated that significant energy gains can be
achieved through State building codes that are well designed and
implemented. But despite the great savings made by California, many
States have inadequate State building codes or none at all.
Again, the Federal Government has lagged behind the States in setting
aggressive energy saving building codes.
[[Page 16340]]
Under my amendment, commercial and residential building codes will be
required to meet specific energy use targets. Both must be 30 percent
more efficient by 2015 and 50 percent more efficient by 2022.
States will be deemed compliant once they adopt an acceptable code
and as long as 90 percent of all new buildings comply with the States's
code. Even if a State is not in compliance, each city that meets the
criteria will be in compliance.
I wish to salute the mayor of New York, Michael Bloomberg, for taking
the lead in imposing such standards on the city of New York.
Finally, my amendment will authorize funding for technical
assistance, training, and to help States ensure they are in compliance
with these energy-efficient targets. Again, according to the Alliance
to Save Energy, this amendment--listen to this--could save our country
5 percent of its total energy use. That simple amendment, done now in
California, could be done here--5 percent of our total energy use. It
would save consumers $50 billion a year and reduce greenhouse gas
emissions by an equivalent of taking another 70 million cars off the
road. So it is obvious we should do these things.
Finally, the amendments on appliances. Again, California took the
lead in improving energy efficiency standards for appliances. However,
Federal law has restricted the ability of States in favor of lower
Federal standards that, in many cases, have languished at DOE. For
example, earlier this year, the GAO found that DOE had missed 34 out
of--guess how many--34--34 out of 34--Congressionally set deadlines for
reviewing and updating appliance and equipment standards.
GAO found that delays on four of the overdue standards will cost
consumers $28 billion in energy savings by 2030. In addition, even when
DOE finally gets around to setting the new standards, these standards
fail to meet the very real energy needs of our country.
My amendment also fixes these problems in the bill. First, they will
strengthen the process through which the States can apply to DOE to set
higher standards for appliances that are currently regulated by the
Federal Government; second, to restore authority for efficiency
standards--that is the second amendment--to the States when DOE misses
legal deadlines for setting or revising standards.
My amendment states that if DOE misses legal deadlines for setting up
updated efficiency standards, States may create higher standards that
allow them to address their energy needs more effectively.
By cutting our energy use through these energy efficiency measures,
while also increasing the use of clean, renewable alternative fuels, we
can make a huge difference and begin to address our energy problems,
from ending our dependence on unstable foreign sources of oil to
helping consumers lower their rising energy bills. I urge adoption of
these four commonsense efficiency measures and look forward to working
with the managers of the bill as we go forward.
____________________
MORNING BUSINESS
Mr. SCHUMER. I ask unanimous consent that there be a period of
morning business, with Senators permitted to speak therein for up to 10
minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
IRAQI HUMANITARIAN CRISIS
Mr. FEINGOLD. Mr. President, when the United States went to war with
Iraq in 2003, a number of observers feared that a massive humanitarian
crisis could occur if a smooth transition was not successful. Despite
the quick collapse of Saddam Hussein's dictatorship, the heroic
performance of our servicemembers, and the predictions of some in the
administration, the transition was far from smooth. Nonetheless, we did
not initially see a humanitarian emergency in Iraq.
Four years later, however, this emergency is now unfolding in the
cruelest of ways. With Iraq enmeshed in civil war, the relentless
violence has displaced numerous civilians not only within Iraq but
outside of it as well.
There are a range of possible factors behind the current situation:
as the war is increasingly defined by its sectarian nature, the growing
potential for neighborhoods to be ``cleansed'' by one ethnicity or
another may accelerate displacement patterns; the overall increase in
violence that occurred following the golden dome shrine bombing of
February 2006 may have served as a catalyst that changed the face of
the war and the tactics of those fighting it.
Regardless of the reasons, the results are clear--millions of Iraqis
have been forced from their homes because of entrenched fear and
rampant violence. Basic survival needs such as food, clean water,
shelter, sanitation, and health care are in short supply. The
government infrastructure has collapsed--if it ever truly existed--
taking with it the communities it served.
The U.N. High Commission for Refugees estimates that there are nearly
2 million displaced people within Iraq and close to 2.5 million seeking
refuge in neighboring countries. In total, that is almost 4.5 million
people, Mr. President, 4.5 million individuals or approximately 13
percent of the total Iraqi population. Many of these individuals are
from Iraq's shattered middle class and will be critical to rebuilding
the country. But who can say where they will be when that time comes
and whether they will be willing or able to contribute to that process.
The United States has admitted only a small number of Iraqi refugees
since the beginning of the war. According to the State Department,
there have been just 687 Iraqi refugees admitted to the United States
since the war began in 2003. We have a particular responsibility to
provide aid and safe haven for Iraqis whose lives are threatened
because they worked for us.
Fortunately, many neighboring countries have been willing to step up
to the plate and allow those Iraqis fleeing their homeland to seek
temporary shelter despite the fact that many of their needs are
straining the already weak and overburdened social services. Indeed,
most of Iraq's neighbors are unable to provide adequate assistance to
those living within their borders, citizens and refugees alike. The
introduction of more than 2 million additional people into these
already precarious environments could tip the balance in the wrong
direction.
This humanitarian disaster is emblematic of this administration's
poor planning when it comes to virtually every aspect of the war in
Iraq. The administration's failure to respond adequately to the needs
of these refugees and displaced people will have dramatic consequences
for regional and global stability. We still have a chance to reverse
course in Iraq, however, to refocus our strategy, and regain our
credibility so we can work with the international community and resolve
this crisis appropriately.
____________________
HONORING OUR ARMED FORCES
Specialist Adam Herold
Mr. HAGEL. Mr. President, I rise to express my sympathy over the loss
of U.S. Army SPC Adam Herold of Omaha, NE. Specialist Herold was killed
on June 10 when an improvised explosive device detonated near his
patrol in Karbala, Iraq. He was 23 years old.
Specialist Herold was the youngest of three brothers in a close-knit
Nebraska family. He attended Roncalli High School and would later join
the Job Corps in Utah to learn a trade.
In 2005, Specialist Herold made the decision to join the Army. He saw
service in the Army as a means to a college education. But he also came
from a family with a strong tradition of service to the country. Both
of his grandfathers served in World War II.
Specialist Herold had been serving in Iraq since October 2006 with
Headquarters and Headquarters Company, 2nd Battalion, 377th Parachute
Field Artillery Regiment, 25th Infantry Division, based at Ford
Richardson, AK.
We are proud of Specialist Herold's service to our country, as well
as the thousands of other brave Americans serving in Iraq.
[[Page 16341]]
He is survived by his parents Lance and Debbie Herold, and brothers
Andy and Kyle, both of Omaha.
I ask my colleagues to join me and all Americans in honoring SPC Adam
Herold.
____________________
TRAGEDY IN CHARLESTON, SOUTH CAROLINA
Mr. GRAHAM. Mr. President, on June 18, 2007, in the face of blazing
fire, sacrifice and duty overcame fear and surrender. With great
sadness and the utmost respect, Senator DeMint and I mourn the
tremendous loss of nine of our finest firefighters, as well as the
immeasurable loss experienced by their families and loved ones. As the
flames engulfed the building, the brave men and women of the Charleston
County Fire Department rushed into the collapsing building as others
were running out, fleeing for their lives. May this extraordinary
courage and sacrifice forever reflect the spirit of South Carolina, as
well as that of our great Nation.
We extend our sincerest condolences to their families, their
colleagues, and their friends. You give your loved ones to us to serve
and protect our communities, putting public service above personal
comfort. Our gratitude is boundless and our respect infinitely deep. We
grieve beside you, and we take pride in and are humbled by this
ultimate display of service and valor. In the midst of grief and
devastation, may you find comfort in knowing that the memory of your
loved ones will be forever etched in the minds of South Carolinians as
the true embodiment of an American hero.
The United States has not experienced such a devastating loss of
firefighters since the horrific events on September 11, 2001. May the
Charleston County Fire Department, led by Chief Rusty Thomas, as well
as emergency personnel around the country, forever fill this massive
void with the legacy left behind by these brave fallen firefighters.
Let their legacy not be engulfed by flames and reduced to rubble but
rather let it embolden and encourage others to serve in their honor and
continue their mission to public service. There is no higher call than
to serve, and to the fallen, their families, and those that will fill
their shoes, we are forever indebted to you for your noble sacrifices.
____________________
ADDITIONAL STATEMENTS
______
RECOGNITION OF BILL SIMMONS
Mrs. BOXER. Mr. President, I would like to take a moment to
reflect on the work of Bill Simmons, the director of the Yuba County
Office of Education's Regional Career Center, and recognize Mr.
Simmons' 21 years with the Yuba County Office of Education and commend
his more than five decades of service to his country and his community.
In 1954, Bill Simmons began his 24-year career with the U.S. Air
Force. He retired in 1977 as a first sergeant for the 9th Field
Maintenance Squadron at Beale Air Force Base in Marysville, CA. After
his retirement from the U.S. Air Force, Mr. Simmons remained in
Marysville and began a long career of service to his community.
Bill Simmons used the leadership skills he gained in the Air Force
and began his career with Yuba County as a group counselor in the
juvenile probation system. He remained committed to improving the
community as he worked to help build the One-Stop Center, a invaluable
resource for the region that is the service provider for the Federal
Workforce Investment Act's One-Stop Center for Business and Workforce
Development.
I had the pleasure of working with Bill when he served on the Yuba
County board of supervisors from 1997 to 2005, and we continue to
collaborate on issues affecting Beale Air Force Base through Mr.
Simmons' role as a member of the Beale Military Liaison Committee. For
the last three decades, Bill Simmons has been a forceful advocate for
Beale AFB, by both working to improve the on-base facilities and
promoting the many values and strengths of Beale AFB throughout
California and the country.
Bill Simmons has been a valuable local resource on education,
military, and local issues affecting the entire Yuba-Sutter region, and
I hope that he will remain active in his community beyond his
retirement from the Yuba County Office of Education. I wish my friend
the best as he embarks on this latest chapter of his distinguished
career.
____________________
2007 STANLEY CUP CHAMPIONS
Mrs. BOXER. Mr. President, I ask my colleagues to join me in
congratulating the 2006-2007 National Hockey League champions, the
Anaheim Ducks. The Anaheim Ducks demonstrated remarkable skill,
teamwork, and determination in becoming the first California hockey
team to win the prestigious Stanley Cup.
The 2006 to 2007 season will be remembered as a truly landmark season
for the Anaheim Ducks. During the course of the season, the Ducks
played in the franchise's 1000th regular season game and recorded their
1000th point after a much-deserved 4 to 2 victory on March 11, 2007.
The Ducks began their season in fine form as they set an NHL record by
remaining undefeated in regulation play for the first 16 games of the
season. The Ducks used a high-octane offense and a stout defense to
achieve the first 100-point season and the first Pacific Division title
in the franchise's history. Throughout the season, the Ducks were a
model of hard work, dedication and consistency.
Under the leadership of a dedicated management and coaching staff and
with contributions from an outstanding roster of seasoned veterans and
promising young players, the Ducks defeated the Minnesota Wild, the
Vancouver Canucks, and the Detroit Red Wings in their usual spirited
fashion en route to winning the Western Conference title. In the
finals, the Ducks triumphed over the Ottawa Senators in a fiercely
contested series that ensured the oldest and most famous trophy in all
of North American professional sports, the Stanley Cup, will finally
make its way to California for the first time.
It is my pleasure to congratulate all the hard working members of the
Ducks organization who worked tirelessly to bring so much joy and pride
to the people of Orange County and to the State of California. Their
successes are considerable, and I salute their accomplishments. As the
Anaheim Ducks and their fans celebrate their first Stanley Cup victory,
I congratulate them on a truly remarkable and memorable season and wish
them more success in future seasons.
____________________
125TH ANNIVERSARY OF LaMOURE
Mr. DORGAN. Mr. President, it was 125 years ago that pioneers
created the city of LaMoure, ND.
LaMoure and its surrounding territory got off to an unexpectedly
strong start due to the work of a fellow named MAJ H.T. Elliott. He was
employed by a real estate firm whose financial fortunes depended upon
the prosperity and success of homesteaders and town builders in the
LaMoure area.
To ensure that region boomed, Major Elliott was sent to the nearest
railroad station to meet incoming emigrants. If they appeared to be
bright, industrious, honest folks with adequate financial resources,
Elliott directed them to the region around LaMoure. But if they were of
a suspect type, Elliott sent them off in the opposite direction.
Elliott himself was the county's first citizen but had the misfortune
to establish the town of Grand Rapids which immediately found itself in
a fight with LaMoure over which should be the county seat. When Grand
Rapids lost that election, LaMoure's citizens armed themselves and
trooped across country in the dead of night to seize the governmental
records.
They were met at Grand Rapids by barricaded doors and rifles
bristling from the courthouse windows. But with the aid of a battering
ram, they smashed their way in and the Grand Rapids defenders slipped
away. LaMoure had its first triumph.
[[Page 16342]]
There have been many more since then--some headline making like State
championship sports teams, installation of a Coast Guard radar site
serving mariners and pilots all around the globe, a national award as
an All-America City, home to U.S. Senator Milton Young.
But many more of its successes never garnered headlines. They were
the quiet but meaningful stories of strong families, vibrant
businesses, prosperous farms, good kids, and the warmth of citizens who
cared about each other.
LaMoure is both a wellspring and a repository of what is best about
America--old-fashioned values of honesty, decency, hard work, faith,
and family. Its foundation is solid, and its people will continue to
create a community where dreams are turned into reality.
____________________
125TH ANNIVERSARY OF RUTLAND
Mr. DORGAN. Mr. President, it was 125 years ago that pioneers
in Dakota Territory created the community that is now Rutland, ND.
Those pioneers included hopeful immigrants from Norway, Sweden,
Germany, Ireland, Poland, England, and Scotland, seeking new homesteads
on the unbroken prairie; hard-driving businessmen and railroad workers
from the Eastern States finding opportunity on America's frontier; and
the Wahpeton-Sisseton band of the Dakota people, adapting to changing
times and preserving ancient traditions as their world changed around
them.
These pioneers built a solid foundation of family, faith, and
education for their community, establishing farm homes, churches, and
schools first. When the Great Northern Railway built its line through
the territory, the community was given its name in honor of Rutland,
VT, the hometown of many of the pioneer railroaders. The green hills of
the Coteau de Prairie south of the town, reminded them of their home in
the Green Mountains.
In those early years, the pioneers of the Rutland community endured
drought, harsh winters, and economic exploitation, but their faith,
independent spirit, and cooperative attitude carried them through the
tough times and made the good times better. It has been said that
Rutland could be renamed Phoenix because, like that mythical bird, the
city's business district has twice risen from the ashes of devastating
fires to rebuild better and stronger each time. One of the business
buildings destroyed by the second fire, back in 1941, was a unique
combination of economic enterprises, perhaps a forerunner of today's
megamalls. The second floor was a hotel, providing rest and refuge for
weary travelers, while three businesses occupied the ground floor: In
the front was a harness and shoe repair shop, keeping Rutland folks
either afoot or on horseback, and they always knew which; at the center
of the building was a cream station, where farm produce including
chickens, eggs, cream, and butter was bought and sold; and at the rear
of the building was a funeral parlor, which had a double life as an
illicit gambling casino, when a paying customer was not laid out in
somber repose. That building and those businesses went up in smoke many
years ago, but this week, another new business, the Rutland General
Store, has opened its doors on Rutland's Main Street, showing that the
spirit of optimism that inspired our pioneer ancestors is still alive
and thriving in the community they built. The optimism and patriotism
of Rutland citizens is reflected in the fact that men and women from
the community have served in the Nation's military service in every
conflict from the Civil War to the current engagements in Iraq and
Afghanistan.
Over the past 125 years, Rutland has been noted for many
accomplishments: The home of one of North Dakota's outstanding amateur
baseball teams, the Rutland Roosters; the Rutland Rockets and Sargent
Central Cadets High School sports teams always tough and usually
victorious; location of the Tewaukon National Wildlife Refuge,
conserving and preserving our Nation's natural heritage; an award as a
National Bicentennial Community in 1976; an award as a North Dakota
Centennial Community in 1989; home to Obed Wyum, a national leader in
the establishment of rural electric and rural telephone cooperatives;
and making it into the ``Guinness Book of World Records'' with the
world's largest hamburger, a 3,591-pound whopper, as part of the
community's centennial celebration in 1982.
But many more of Rutland's successes never garnered headlines. They
were the quiet but meaningful stories of strong families, vibrant
businesses, prosperous farms, good kids, and the warmth of citizens who
cared about each other.
Rutland is both a wellspring and a repository of what is best about
America--old-fashioned values of honesty, decency, hard work, faith,
and family. Its foundation is solid, and its people will continue to
create a community where dreams are turned into reality.
____________________
FORT ABERCROMBIE
Mr. DORGAN. Mr. President, one of North Dakota's oldest
communities celebrates its anniversary this week. Abercrombie and the
nearby fort after which it is named date their origins back 150 years.
Fort Abercrombie is famous for having been the site of one of the
most prolonged battles in the American West between Native Americans
and U.S. soldiers. Fresh from their triumphs in a Minnesota uprising,
Dakota warriors quickly moved to secure their gains by attacking the
last military post between the decimated, burning white settlements and
the wide open Great Plains.
The defenders of the fort were in a desperate pinch. The fort had no
protective palisade and little else in the way of defense, it was
several hundred miles from the nearest help, and, worst of all, rifle
ammunition was critically low.
For a month the soldiers, and the citizens who had rushed to the
protection of the fort, held off Little Crow's warriors. What saved
them was the discovery that the metal balls with which the fort's
cannon shells were packed were identical to what their rifles required
for ammunition.
Fort Abercrombie has a storied history. Military trails radiated out
to Fort Wadsworth, Fort Ransom, and Fort Totten. It was here that wagon
trains embarked for Montana's gold fields, that the 1870 peace treaty
between 900 Dakota and Chippewa delegates was signed, that oxcart
caravans from Canada to the Twin Cities overnighted.
Fort Abercrombie is quiet now but houses a handsome State park and
historical center. The adjacent community, however, continues to hum.
In 1936, an observer called it ``an enterprising, live, wide-awake
community.'' That is still an honest description, especially this
weekend.
A street dance, military ball, school reunion, parades, wagon train,
history tours, and a multitude of other events will fill the days.
Although I expect the activity will be as intensive as it was in 1862,
it will not be as desperate. Instead, it will be a classic festival of
small town America--one of remembrance and homecoming, of neighbors and
family, of heritage and pride. I send its citizens birthday greetings
and a salute for its proud and singular history.
____________________
NATIONAL VETERANS WHEELCHAIR GAMES
Mr. FEINGOLD. Mr. President, this week Wisconsin is honored to
host more than 600 veterans and athletes for the National Veterans
Wheelchair Games in Milwaukee. At the largest annual wheelchair sports
event in the world, hundreds of veterans who made tremendous sacrifices
for our Nation will demonstrate not only their remarkable athletic
abilities but also their unmatched courage and determination in the
face of adversity.
World-class wheelchair athletes and newly disabled veterans will join
together in Milwaukee for 17 competitive events and 2 exhibition
events. The National Veterans Wheelchair Games is a great sporting
event, and it is also a chance for athletes to develop lasting
friendships with other veterans who
[[Page 16343]]
have faced and overcome similar obstacles.
I thank the Clement J. Zablocki VA Medical Center in Milwaukee and
the Wisconsin Chapter of the Paralyzed Veterans of America for hosting
the games, as well as the VA officials and volunteers who helped to
make these games a reality. More than 3400 Wisconsinites are showing
their support by volunteering during the games.
I encourage these athletes and their families to explore their unique
and dynamic host city. I hope everyone has the opportunity to
experience Milwaukee's wonderful lakefront and sample the outstanding
food and drink that Milwaukee is known for.
I know Milwaukee will give a warm welcome to all the competitors and
visitors who have come to the city for this week's games. Their
competitive spirit and the incredible sacrifices they have made bravely
serving our Nation are an inspiration to us all. I hope everyone enjoys
what is sure to be an exciting and memorable week.
____________________
HONORING THE LIFE OF JEFFREY ERLANGER
Mr. FEINGOLD. Mr. President, today I pay tribute to the memory
of Jeff Erlanger, an extraordinary person who was a prominent member of
the Madison community, a family friend, and an inspiration to me and
everyone lucky enough to know him.
To understand what a positive force Jeff was in people's lives, I
will quote something he said in an ad he did for Wisconsin Public
Television a few years ago: ``It doesn't matter what I can't do--what
matters is what I can do.'' Those are words that everyone should live
by, but Jeff, who was a quadriplegic, really did live by them. He never
dwelled on the many challenges he faced; instead, he focused on helping
others, making tremendous contributions of time and effort to a wide
array of organizations.
He served on the Economic Development Commission, as chairman of the
Commission on People with Disabilities, and as chairman of the board of
the Community Living Alliance, as well as many other positions. Among
his accomplishments was his successful push for the accessible taxicab
service that exists in Madison today. He also ran for the Madison City
Council in 2002. Jeff's commitment to public service says volumes about
the kind of person he was and why his passing is such a loss for the
Madison community.
Jeff used his personal experience to inspire others, visiting
classrooms to talk about living with a disability, and appearing on
``Mr. Rogers' Neighborhood'' at the age of 10. He became good friends
with Fred Rogers, speaking both at Rogers' induction to the Television
Academy Hall of Fame and at a memorial service when Rogers passed away
in 2003.
Throughout his adulthood, he continued to make life-changing
connections with people he met. Incredibly, he saved the life of a
Boston woman he was talking with online, calling both AOL and the
Boston police after she told him she had cut her wrists but wouldn't
tell him what her last name was or where she lived. They tracked the
woman down and rushed her to an emergency room. It is just one amazing
story from a truly amazing life.
I am proud to say that Jeff was an intern in my office. He was also a
dear friend to members of my family. He meant so much to so many
people, both those he knew, those he inspired through his appearances,
and those he helped through his life of community service. I am deeply
saddened by his passing, and my thoughts are with his parents, his
family, and his friends. Jeff left behind a wonderful legacy, of hope,
enthusiasm, and caring, and that is something everyone who knew him can
cherish.
____________________
TRIBUTE TO LIEUTENANT GENERAL EMERSON N. GARDNER JR.
Ms. MIKULSKI. Mr. President, today I pay tribute to a marine
officer from my home State of Maryland, LTG Emerson N. Gardner, Jr.,
now serving as the Deputy Commandant for Programs and Resources,
Headquarters, United States Marine Corps, as he prepares to leave this
position for one of even greater importance.
The position of Deputy Commandant for Programs and Resources is one
of the most demanding and important jobs within Marine Corps
Headquarters. For the past 2 years, as Deputy Commandant, Lieutenant
General Gardner has been responsible for planning, programming,
budgeting and executing total appropriations in excess of $100 billion.
He has led the effort to ensure that the Marine Corps had the resources
they needed for success in the current conflict and prepared to answer
the nation's call in the future.
While Lieutenant General Gardner is responsible for many critical
issues, he has been a champion in protecting our forces deployed to
Iraq and Afghanistan. He has been a particularly strong advocate for
the mine resistant ambush protected family of vehicles, or MRAP. These
vehicles have the possibility of drastically reducing American
casualties caused by improvised explosive devices and Lieutenant
General Gardner has been leading the effort to secure support for them.
Lieutenant General Gardner has taken the time to educate, encourage,
guide--and when necessary to cajole and prod--decisionmakers and action
officers wherever necessary to accelerate the fielding of MRAP
vehicles. Throughout this process, he has been everywhere and involved
in every aspect of the MRAP program. So ardent has Lieutenant General
Gardner been in support of this life saving program, that he has become
known within Headquarters Marine Corps and throughout the Pentagon as
``Mr. MRAP.''
I know that a grateful nation shares my admiration for Lieutenant
General Gardner an indomitable leader whose tireless efforts have
directly contributed to the timely delivery of MRAP vehicles to
theater. I am confident that my colleagues will join me in expressing
the gratitude of the Senate, and bestowing upon him the unofficial
title of ``Mr. MRAP.''
____________________
MESSAGE FROM THE PRESIDENT
The following message from the President of the United States was
transmitted to the Senate by one of his secretaries:
____________________
REPORT ON THE CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO
THE ACCUMULATION OF A LARGE VOLUME OF WEAPONS-USABLE FISSILE MATERIAL
IN THE TERRITORY OF THE RUSSIAN FEDERATION AS DECLARED IN EXECUTIVE
ORDER 13159 OF JUNE 21, 2000--PM 17
The PRESIDING OFFICER laid before the Senate the following message
from the President of the United States, together with an accompanying
report; which was referred to the Committee on Banking, Housing, and
Urban Affairs:
To the Congress of the United States:
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d))
provides for the automatic termination of a national emergency unless,
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress a
notice stating that the emergency is to continue in effect beyond the
anniversary date. In accordance with this provision, I have sent the
enclosed notice to the Federal Register for publication, stating that
the emergency declared with respect to the accumulation of a large
volume of weapons-usable fissile material in the territory of the
Russian Federation is to continue beyond June 21, 2007.
It remains a major national security goal of the United States to
ensure that fissile material removed from Russian nuclear weapons
pursuant to various arms control and disarmament agreements is
dedicated to peaceful uses, subject to transparency measures, and
protected from diversion to activities of proliferation concern. The
accumulation of a large volume of weapons-usable fissile material in
the territory of the Russian Federation continues to pose an unusual
and extraordinary threat to the national security and foreign policy of
the United
[[Page 16344]]
States. For this reason, I have determined that it is necessary to
continue the national emergency declared with respect to the
accumulation of a large volume of weapons-usable fissile material in
the territory of the Russian Federation and maintain in force these
emergency authorities to respond to this threat.
George W. Bush.
The White House, June 19, 2007.
____________________
MESSAGE FROM THE HOUSE
At 2:33 p.m., a message from the House of Representatives, delivered
by Ms. Brandon, one of its reading clerks, announced that the House has
passed the act (S. 1532) to designate the facility of the United States
Postal Service located at 127 East Locust Street in Fairbury, Illinois,
as the ``Dr. Francis Townsend Post Office Building''.
The message also announced that the House has passed the following
bills, in which it requests the concurrence of the Senate:
H.R. 885. An act to support the establishment of an
international regime for the assured supply of nuclear fuel
for peaceful means and to authorize voluntary contributions
to the International Atomic Energy Agency to support the
establishment of an international nuclear fuel bank.
H.R. 2127. An act to designate the facility of the United
States Postal Service located 408 West 6th Street in Chelsea,
Oklahoma, as the ``Clem Rogers McSpadden Post Office
Building''.
H.R. 2366. An act to reauthorize the veterans
entrepreneurial development programs of the Small Business
Administration, and for other purposes.
H.R. 2397. An act to reauthorize the women's
entrepreneurial development programs of the Small Business
Administration, and for other purposes.
H.R. 2563. An act to designate the facility of the United
States Postal Service located at 309 East Linn Street in
Marshalltown, Iowa, as the ``Major Scott Nisely Post
Office''.
The message further announced that the House has agreed to the
following concurrent resolutions, in which it requests the concurrence
of the Senate:
H. Con. Res. 80. Concurrent resolution calling on the
Government of Uganda and the Lord's Resistance Army (LRA) to
recommit to a political solution to the conflict in northern
Uganda by engaging in good-faith negotiations, and urging
immediate and substantial support for the ongoing peace
process from the United States and the international
community.
H. Con. Res. 148. Concurrent resolution recognizing the
significance of National Caribbean-American Heritage Month.
H. Con. Res. 151. Concurrent resolution noting the
disturbing pattern of killings of numerous independent
journalists in Russia since 2000, and urging Russian
President Vladimir Putin to authorize cooperation with
outside investigators in solving those murders.
H. Con. Res. 155. Concurrent resolution recognizing the
historical significance of Juneteenth Independence Day, and
expressing the sense of Congress that history should be
regarded as a means for understanding the past and more
effectively facing the challenges of the future.
The message also announced that pursuant to 16 U.S.C. 431 note, and
the order of the House of January 4, 2007, the Speaker appoints the
following Members of the House of Representatives to the Dwight D.
Eisenhower Memorial Commission: Mr. Moore of Kansas; Mr. Boswell of
Iowa; Mr. Thornberry of Texas; and Mr. Moran of Kansas.
____
At 6:30 p.m., a message from the House of Representatives, delivered
by Ms. Brandon, one of its reading clerks, announced that the Speaker
has signed the following enrolled bills:
H.R. 57. An act to repeal certain sections of the Act of
May 26, 1936, pertaining to the Virgin Islands.
H.R. 692. An act to amend title 4, United States Code, to
authorize the Governor of a State, territory, or possession
of the United States to order that the National Flag be flown
at half-staff in that State, territory, or possession in the
event of the death of a member of the Armed Forces from that
State, territory, or possession who dies while serving on
active duty.
____________________
MEASURES REFERRED
The following bills were read the first and the second times by
unanimous consent, and referred as indicated:
H.R. 885. An act to support the establishment of an
international regime for the assured supply of nuclear fuel
for peaceful means and to authorize voluntary contributions
to the International Atomic Energy Agency to support the
establishment of an international nuclear fuel bank; to the
Committee on Foreign Relations.
H.R. 2127. An act to designate the facility of the United
States Postal Service located at 408 West 6th Street in
Chelsea, Oklahoma, as the ``Clem Rogers McSpadden Post Office
Building''; to the Committee on Homeland Security and
Governmental Affairs.
H.R. 2397. An act to reauthorize the women's
entrepreneurial development programs of the Small Business
Administration, and for other purposes; to the Committee on
Small Business and Entrepreneurship.
H.R. 2563. An act to designate the facility of the United
States Postal Service located at 309 East Linn Street in
Marshalltown, Iowa, as the ``Major Scott Nisely Post
Office''; to the Committee on Homeland Security and
Governmental Affairs.
The following concurrent resolutions were read, and referred as
indicated:
H. Con. Res. 80. Calling on the Government of Uganda and
the Lord's Resistance Army (LRA) to recommit to a political
solution to the conflict in northern Uganda by engaging in
good-faith negotiations, and urging immediate and substantial
support for the ongoing peace process from the United States
and the international community; to the Committee on Foreign
Relations.
H. Con. Res. 148. Concurrent resolution recognizing the
significance of National Caribbean-American Heritage Month;
to the Committee on the Judiciary.
H. Con. Res. 151. Noting the disturbing pattern of killings
of numerous independent journalists in Russia since 2000, and
urging Russian President Vladimir Putin to authorize
cooperation with outside investigators in solving those
murders; to the Committee on Foreign Relations.
____________________
MEASURES PLACED ON THE CALENDAR
The following bill was read the second time, and placed on the
calendar:
S. 1639. A bill to provide for comprehensive immigration
reform and for other purposes.
The following concurrent resolution was read, and placed on the
calendar:
H. Con. Res. 155. Concurrent resolution recognizing the
historical significance of Juneteenth Independence Day, and
expressing the sense of Congress that history should be
regarded as a means for understanding the past and more
effectively facing the challenges of the future.
____________________
EXECUTIVE AND OTHER COMMUNICATIONS
The following communications were laid before the Senate, together
with accompanying papers, reports, and documents, and were referred as
indicated:
EC-2310. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the certification of a
proposed license for the manufacture of significant military
equipment abroad and the export of technical data, defense
services, and defense articles for the production of the
Airborne Early Warning and Control System for ultimate sale
to and end-use by the Republic of Korea; to the Committee on
Foreign Relations.
EC-2311. A communication from the Director, Division for
Strategic Human Resources Policy, Office of Personnel
Management, transmitting, pursuant to law, the report of a
rule entitled ``Locality-Based Comparability Payments and
Evacuation Payments'' (RIN3206-AL09) received on June 14,
2007; to the Committee on Homeland Security and Governmental
Affairs.
EC-2312. A communication from the Secretary of Labor,
transmitting, pursuant to law, the Semiannual Report of the
Pension Benefit Guaranty Corporation's Inspector General for
the period of October 1, 2006, through March 31, 2007; to the
Committee on Homeland Security and Governmental Affairs.
EC-2313. A communication from the Director of the Peace
Corps, transmitting, pursuant to law, the Semiannual Report
of the Organization's Inspector General for the period of
October 1, 2006, through March 31, 2007; to the Committee on
Homeland Security and Governmental Affairs.
EC-2314. A communication from the Counsel for Legislation
and Regulations, Office of Public and Indian Housing,
Department of Housing and Urban Development, transmitting,
pursuant to law, the report of a rule entitled ``Self-
Insurance Plans Under the Indian Housing Block Grant
Program'' (RIN2577-AC58) received on June 14, 2007; to the
Committee on Indian Affairs.
EC-2315. A communication from the Chief, Regulatory
Management Division, Department of Homeland Security,
transmitting, pursuant to law, the report of a rule entitled
``Adjustment of the Immigration and Naturalization Benefit
Application and Petition Fee Schedule'' (RIN1615-AB53)
received on June 14, 2007; to the Committee on the Judiciary.
[[Page 16345]]
____________________
PETITIONS AND MEMORIALS
The following petitions and memorials were laid before the Senate and
were referred or ordered to lie on the table as indicated:
POM-128. A resolution adopted by the Monroe County Board of
County Commissioners of the State of Florida urging Congress
to appropriate the funds necessary to bring the Herbert
Hoover Dike into compliance with current levee protection
safety standards and to expedite funding for the improvements
through the prompt enactment of the Energy and Water
Appropriations Bill; to the Committee on Environment and
Public Works.
POM-129. A joint resolution adopted by the Legislature of
the State of Maine urging Congress and the Federal
Communications Commission to forego imposing a cap on Federal
Universal Service Fund support for Maine's rural wireless
carriers; to the Committee on Commerce, Science, and
Transportation.
Joint Resolution
We, your Memorialists, the Members of the One Hundred and
Twenty-Third Legislature of the State of Maine now assembled
in the First Regular Session, most respectfully present and
petition the United States Congress and the Federal
Communications Commission as follows:
Whereas, the federal Telecommunications Act of 1996 through
the establishment of the Federal Universal Service Fund was
intended to promote the availability of quality services at
just, reasonable and affordable prices, increased access to
advanced telecommunications services throughout the Nation
and the availability of quality services to all consumers,
including those in low-income, rural, insular and high-cost
areas, at rates that are reasonably comparable to those
charged in urban areas; and
Whereas, the intended goals of that legislation have not
been met in the State of Maine, and many of Maine's
communities have no wireless services or inadequate wireless
service; and
Whereas, the failure to achieve the goals of improved and
high-quality services has, and will continue to have, a
direct and substantial negative impact on the health and
safety of the people living and working in Maine's rural
areas; and
Whereas, the failure to achieve this goal of high-quality
wireless services at just, reasonable and affordable rates to
everyone is a very significant barrier to the economic
development of much of rural Maine; and
Whereas, there are 2 rural wireless carriers in Maine that
have successfully sought certification as eligible
telecommunications carriers and have used the federal
universal service funding they have received to construct
significant additional wireless infrastructure in rural
Maine; and
Whereas, the Maine Public Utilities Commission has
certified that these Maine rural wireless carriers have used
the funds received from the federal universal service fund in
a manner consistent with all laws and regulations governing
the funds; and
Whereas, the Federal-State Joint Board on Universal Service
has recommended that the Federal Communications Commission
impose a cap on funding for competitive eligible
telecommunications carriers; and
Whereas, this recommended cap would limit Federal Universal
Service Fund support for Maine's rural wireless carriers
currently receiving these funds; and
Whereas, the proposed cap on funding would serve to
undercut the purpose and objective of the federal
telecommunications Act of 1996 by impairing the ability of
Maine's wireless eligible telecommunications carriers to
expand infrastructure into rural Maine so that rural and
urban wireless service is equal, as promised by that act;
now, therefore, be it
Resolved, That We, your Memorialists, on behalf of the
people we represent, take this opportunity to request that
the Federal Communications Commission reject the cap proposed
by the Federal State Joint Board on Universal Service; and be
it further
Resolved, That We, your Memorialists, respectfully urge and
request that the United States Congress take action to repeal
the cap if it is adopted by the Federal Communications
Commission; and be it further
Resolved, That suitable copies of this resolution, duly
authenticated by the Secretary of State, be transmitted to
the Honorable Kevin J. Martin, Chairman of the Federal
Communications Commission, to the President of the United
States Senate, to the Speaker of the United States House of
Representatives and to each Member of the Maine Congressional
Delegation.
____
POM-130. A joint resolution adopted by the Legislature of
the State of Nevada urging the Secretary of the Interior to
fully fund the interagency airtanker base programs for
wildland fire suppression in Battle Mountain, Minden and
Stead; to the Committee on Energy and Natural Resources.
Assembly Joint Resolution No. 7
Whereas, the United States Department of the Interior,
through the Bureau of Land Management, has provided vital
fire suppression services to the State of Nevada; and
Whereas, these services include air support for wildland
fire suppression in northern Nevada through interagency
airtanker base operations at the Battle Mountain, Minden-
Tahoe and Reno Stead Airports; and
Whereas, the areas of service include the forests and
watershed surrounding Lake Tahoe, one of the nation's
premiere natural treasures, and the Wildland urban interface
along the Sierra Front in both Nevada and California; and
Whereas, in July 2006, Nevada ranked first in the nation in
the amount of wildland acreage burned by wildfire in the
United States; and
Whereas, the Federal Government owns and manages 87 percent
of the land in Nevada; and
Whereas, the Bureau of Land Management has provided
exemplary air support for fighting the wildland fires which
have threatened Nevada's residents, private property, public
lands and other valuable natural resources; and
Whereas, the Sierra Front has complex and challenging
conditions that generate volatile and high-intensity wildland
fires which are fought over rugged terrain, and airtankers
are a critical component of the fight, being used primarily
for initial attack and support; and
Whereas, continued funding for the full operation of the
interagency airtanker base programs in Battle Mountain,
Minden and Stead with single-engine airtankers that can
provide the quick response needed for early suppression of a
wildland fire is critical; and
Whereas, the Secretary of the Interior has the authority to
authorize the expenditure of money to provide full funding
for the interagency airtanker base programs: Now, therefore,
be it
Resolved by the Assembly and Senate of the State of Nevada,
jointly, That the members of the 74th Session of the Nevada
Legislature hereby urge the Secretary of the Interior to
fully fund the interagency airtanker base programs for
wildland fire suppression in Battle Mountain, Minden and
Stead; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and
transmit a copy of this resolution to the Vice President of
the United States as the presiding officer of the United
States Senate, the Speaker of the House of Representatives,
the Secretary of the Interior and each member of the Nevada
Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon
passage.
____
POM-131. A joint resolution adopted by the Legislature of
the State of Nevada urging Congress to allow certain proceeds
from the Southern Nevada Public Land Management Act of 1998
to be used for Nevada's state parks; to the Committee on
Energy and Natural Resources.
Assembly Joint Resolution No. 9
Whereas, in 1998, Congress passed the Southern Nevada
Public Land Management Act of 1998, Public Law 105-263, which
allows the Secretary of the Interior to sell certain federal
lands in Clark County, Nevada, for possible development and
authorizes use of the proceeds to acquire, conserve and
protect environmentally sensitive lands in the State of
Nevada; and
Whereas, under the provisions of the Act, 5 percent of the
profits from sales of the land is allocated to help fund
education, 10 percent is allocated for water and airport
infrastructure projects and the remaining 85 percent is
deposited into a special account for disbursement; and
Whereas, the money in the special account is specified for
certain capital improvement projects, including projects at
Lake Mead, Red Rock Canyon, the Desert National Wildlife
Refuge and other federally managed recreational areas, the
development of parks, trails and a multispecies habitat
conservation plan in and around Clark County, the acquisition
of environmentally sensitive lands, and restoration and
conservation of the Lake Tahoe Basin; and
Whereas, since the first auction of land in 1999, this Act
has generated approximately $3 billion, $2.5 billion of which
has been disbursed from the special account; and
Whereas, although the money distributed pursuant to the Act
has been used for the enhancement and conservation of many
federally managed areas in Nevada, there are numerous state
parks in Nevada which could also benefit from this money; and
Whereas, with the growing popularity of the many rural
recreational and historic sites in Nevada, it is vital that
Nevada's state parks be maintained and preserved for the
continued enjoyment of the residents of Nevada and its
tourists; Now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada,
jointly, That the members of the Nevada Legislature urge
Congress to amend the Southern Nevada Public Land Management
Act of 1998 to authorize the State of Nevada to use a portion
of the money in the special account for the improvement and
preservation of Nevada's state parks; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and
transmit a copy of this resolution to the Vice President of
the United States as the presiding officer of the United
States Senate, the Speaker of the House of Representatives,
the Secretary of the Interior and each member of the Nevada
Congressional Delegation; and be it further
[[Page 16346]]
Resolved, That this resolution becomes effective upon
passage.
____
POM-132. A joint resolution adopted by the Legislature of
the State of Nevada urging Congress to provide additional
appropriations or any other form of assistance to federal
agencies and the State of Nevada for the prevention and
suppression of wildfires and the rehabilitation of public
rangelands destroyed by wildfires in Nevada; to the Committee
on Energy and Natural Resources.
Senate Joint Resolution No. 13
Whereas, during 2005, approximately 1,032,104 acres of land
were burned by 794 wildfires occurring in Nevada; and
Whereas, during 2006, approximately 1,468,189 acres of land
were burned in Nevada, thereby making Nevada one of the
highest ranking states for the amount of land destroyed by
wildfires; and
Whereas, the costs of suppressing wildfires for federal
agencies nationwide is significant, totaling approximately
$161,403,000 for the Bureau of Land Management and
approximately $614,000,000 for the United States Forest
Service for the fire season for 2005; and
Whereas, approximately 87 percent of the land in Nevada is
controlled by the Federal Government, and much of that land
includes public rangelands that are used in rural areas of
Nevada to support the local ranching industry; and
Whereas, the production of livestock is an important asset
for rural communities; and
Whereas, when wildfires occur on public land, those
wildfires often destroy portions of the public rangelands in
Nevada, thereby making them unavailable for use until
rehabilitated; Now, therefore, be it
Resolved by the Senate and Assembly of the State of Nevada,
jointly, That the members of the Nevada Legislature hereby
urge Congress to provide additional appropriations or any
other form of assistance to federal agencies and the State of
Nevada in the prevention and suppression of wildfires and the
rehabilitation of public rangelands destroyed by wildfires in
Nevada; and be it further
Resolved, That the Secretary of the Senate prepare and
transmit a copy of this resolution to the Vice President of
the United States as the presiding officer of the United
States Senate, the Speaker of the House of Representatives,
the Chairman of the Committee on Appropriations of the United
States Senate, the Chairman of the Committee on
Appropriations of the United States House of Representatives
and each member of the Nevada Congressional Delegation; and
be it further
Resolved, That this resolution becomes effective upon
passage.
____
POM-133. A joint resolution adopted by the Legislature of
the State of Maine urging Congress to fully appropriate the
money for radioactive waste management; to the Committee on
Environment and Public Works.
Joint Resolution
Whereas, a nuclear-powered electric generation facility was
located in Maine at Wiscasset's Bailey Point; and
Whereas, spent nuclear fuel and greater-than-class-C, high-
level radioactive waste is currently being stored in Maine in
dry casks 300 yards from the coastal tide of the Sheepscot
River, at only 21 feet above sea level; and
Whereas, dry cask storage is now being required at the
Maine Yankee interim storage site well after the expiration
of its license to produce electricity; and
Whereas, continued storage of high-level radioactive spent
nuclear fuel and greater-than-class-C, high-level waste in
dry casks at the Wiscasset site is not in the best interests
of the citizens of that community, nor of the State of Maine;
and
Whereas, the Federal Nuclear Waste Policy Act of 1982
established a national policy that the Federal Government is
responsible for safe, permanent disposal in a geologic
repository of all high-level radioactive waste, including
spent nuclear fuel from commercial power reactors and
greater-than-class-C waste, as well as military nuclear
waste; and
Whereas, the 109th Congress failed to enact a budget for
the nuclear waste disposal program for the current fiscal
year and took no action on proposed legislation to reform the
federal Nuclear Waste Fund to provide more reliable financing
of the repository program; and
Whereas, the Federal Accountability for Nuclear Waste
Storage Act of 2007 (S. 784) has been introduced in this
Congress, requiring the Federal Government to assume legal
ownership of all spent nuclear fuel in the country; and
Whereas, the ratepayers of nuclear energy, including Maine,
have paid an estimated $19,000,000,000 into the federal
Nuclear Waste Fund for the proper disposal of nuclear waste
since 1983, and the ratepayers of nuclear energy pay into the
Nuclear Waste Fund at least $750,000,000 each year for the
purpose of a national repository; and
Whereas, the United States Department of Energy now affirms
it cannot initiate retrieval of repository waste for disposal
any sooner than 2017 at the very earliest, 19 years past the
federal Nuclear Waste Policy Act of 1982 statutory mandate
date for initiating retrieval, and the Department of Energy's
Office of Civilian Radioactive Waste Management will need
full funding to submit a construction application to the
United States Nuclear Regulatory Commission by June 2008; and
Whereas, the United States Nuclear Regulatory Commission
requires a minimum of 3 years to review such an application;
and
Whereas, in order to meet the 2008 license application
milestone, the President's budget for fiscal year 2008
requests $202,500,000 from the Nuclear Waste Fund and
$292,000,000 from the Defense Nuclear Waste Disposal
appropriation to achieve these goals; Now, therefore, be it
Resolved, That We, your Memorialists, respectfully urge and
request that the United States Congress fully appropriate the
$494,500,000 budget request for the civilian radioactive
waste management program; and be it further
Resolved, That Congress should enact legislation that will
ensure repository appropriations to match annual Nuclear
Waste Fund fee revenue collected from ratepayers for this
specific purpose, and ensuring the future availability of any
and all surplus for its intended purpose; and be it further
Resolved, That the Legislature of the State of Maine
opposes the proposed Federal Accountability for Nuclear Waste
Storage Act of 2007 and any proposal for the Federal
Government to take title to spent nuclear fuel in this State
if the effect of such an action would be that spent nuclear
fuel would be kept in Maine without any protection from its
long-term effects on the State's population and from acts of
intrusion that would endanger the State's environmental and
economic well-being; and be it further
Resolved, That suitable copies of this resolution, duly
authenticated by the Secretary of State, be transmitted to
the Honorable George W. Bush, President of the United States,
to the President of the United States Senate, to the Speaker
of the United States House of Representatives and to each
Member of the Maine Congressional Delegation.
____
POM-134. A resolution adopted by the General Assembly of
the State of New Jersey urging Congress to enact the Military
Death Benefit Improvement Act of 2005; to the Committee on
Armed Services.
Assembly Resolution No. 126
Whereas, the bill before Congress known as the Military
Death Benefit Improvement Act of 2005 proposes to increase
the military death gratuity from $12,000 to $100,000; and
Whereas, the military death gratuity is money provided
within 72 hours to assist with the immediate financial needs
of families of service members who are killed while on active
duty; and
Whereas, this legislation would apply not only to those who
are currently serving on active duty in the military, but
would also be applied retroactively to all active duty
service members who have died since September 11, 2001; and
Whereas, the current military death gratuity of $12,000 is
woefully inadequate to compensate families who have made the
ultimate sacrifice; and
Whereas, in the face of the great emotional hardship caused
by the loss of a loved one, the families of our brave
servicemen and women should not also be faced with financial
hardship; and
Whereas, the passage of the Military Death Benefit
Improvement Act of 2005 will send a message to all men and
women in uniform that their government and their country
recognize and appreciate their service and sacrifice; now,
therefore, be it
Resolved, by the General Assembly of the State of New
Jersey:
1. This House strongly supports an increase in the military
death gratuity from $12,000 to $100,000, and urges the
President and Congress to enact legislation (H.R. 292 and S.
44) implementing this policy.
2. Duly authenticated copies of this resolution, signed by
the Speaker of the General Assembly and attested by the Clerk
of the General Assembly, shall be transmitted to the
President of the United States, the Vice President of the
United States, the Speaker of the House of Representatives,
and each member of New Jersey's Congressional delegation.
____
POM-135. A resolution adopted by the General Assembly of
the State of New Jersey expressing strong opposition to the
surge of U.S. troops in Iraq; to the Committee on Foreign
Relations.
Assembly Resolution No. 246
Whereas, President George W. Bush announced in January that
he would send more United States armed forces to Iraq and
extend the duty of many such troops already in that country
in an effort to end the sectarian violence that has engulfed
that nation and to provide stability to the new Iraqi
government; and
Whereas, the United States has already committed 132,000
armed forces personnel to that country and plans to escalate
troop levels by 21,500 for a total of 153,500, at a cost of
$5.6 billion; and
Whereas, the president's ``surge'' comes at a time when a
substantial majority of the American public have expressed
opposition to the war, in general, and his plan to expand it,
in particular; and
[[Page 16347]]
Whereas, the president's plan is also opposed by members of
Congress, including many who are members of the same
political party as the president, who believe that the United
States is ultimately responsible for the civil war gripping
Iraq; and
Whereas, many family members of service personnel fighting
in Iraq are already deeply concerned about their loved ones'
safety and are disappointed that the tour of many such
soldiers will be extended by at least several months; and
Whereas, to date, the global war on terror, of which the
war in Iraq is a part, has already had a significant impact
on service men and women from New Jersey and their families,
with over 6,000 State Army and Air National Guard and Reserve
troops deployed and 83 service personnel killed and many more
injured; and
Whereas, the surge will effect 159 members of the New
Jersey National Guard currently in Iraq, so that instead of
returning in March or April, members of the 117th
Reconnaissance Surveillance Target Acquisition Unit and the
250th Brigade Support Battalion will now be returning in July
or August; and
Whereas, it is clear to this House that sending more troops
to Iraq will result in the death of more American service
personnel but will do little to end the civil war in Iraq or
bring lasting peace to the Iraqi people and stability to
their new government; and
Whereas, despite this House's opposition to President
Bush's action, it strongly and unequivocally supports the
brave men and women in all branches of the Armed Forces of
the United States who are currently in Iraq, those service
personnel who will be sent to that county as a part of the
surge and the families of such troops who remain at home
concerned about their loved ones in the war zone; and
Whereas, it is therefore fitting and proper for this House
to express its strong opposition to President Bush's surge in
United States troops in Iraq; now, therefore, be it
Resolved, by the General Assembly of the State of New
Jersey.
1. This House expresses its strong opposition to President
George W. Bush's surge in United States troops in Iraq.
2. Duly authenticated copies of this resolution, signed by
the Speaker of the General Assembly and attested by the Clerk
thereof, shall be transmitted to the President George W. Bush
and every member of Congress elected from New Jersey.
____
POM-136. A joint resolution adopted by the Legislature of
the State of Nevada urging Congress to repeal the REAL ID Act
of 2005; to the Committee on Homeland Security and
Governmental Affairs.
Assembly Joint Resolution No. 6
Whereas, in May 2005, the United States Congress enacted
the REAL ID Act of 2005 as part of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005, Public Law 109-13, which was signed by
President George W. Bush on May 11, 2005, and which becomes
fully effective on May 11, 2008; and
Whereas, use of the federal minimum standards for state
driver's licenses and state identification cards will be
necessary for any type of federally regulated activity for
which an identification card must be displayed; and
Whereas, the United States Department of Homeland Security,
to date, has failed to promulgate rules for the
implementation of the REAL ID Act; and
Whereas, the mandate to the states, through federal
legislation, provides no funding for its requirements; and
Whereas, the American Association of Motor Vehicle
Administrators, the National Governors' Association and the
National Conference of State Legislatures have estimated that
the cost to the states to implement the REAL ID Act will be
more than $11 billion over 5 years; and
Whereas, the implementation of the REAL ID Act would cost
Nevada taxpayers approximately $30 million during Fiscal Year
2007 and Fiscal Year 2008; and
Whereas, the State of Nevada would incur additional
expenditures associated with the implementation of the
national identification card through machine readable
technology, increased training of Nevada's Department of
Motor Vehicles employees and increased Department of Motor
Vehicles employee work hours; and
Whereas, Nevada's compliance with the provisions of the
REAL ID Act will require that, over the course of 4 years, an
estimated 2 million Nevadans will be subjected to the
unnecessary inconvenience of obtaining a REAL ID compliant
driver's license or identification card in person at offices
of Nevada's Department of Motor Vehicles; and
Whereas, the State of Nevada is committed to increased
security and unimpeachable integrity of driver's licenses and
identification cards within the State and the United States;
and
Whereas, the State of Nevada is also committed to
compliance with the REAL ID Act, should appropriate rules be
adopted and federal funding be provided for implementation;
now, therefore, be it
Resolved by the Assembly and Senate of the State of Nevada,
jointly, That the State of Nevada urges Congress to repeal
the REAL ID Act portion of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005; and be it further
Resolved, That the Chief Clerk of the Assembly prepare and
transmit a copy of this resolution to the President of the
United States, the Vice President of the United States as the
presiding officer of the United States Senate, the Speaker of
the House of Representatives and each member of the Nevada
Congressional Delegation; and be it further
Resolved, That this resolution becomes effective upon
passage.
____
POM-137. A resolution adopted by the General Assembly of
the State of New Jersey opposing the federal legislation
entitled ``Fairness in Asbestos Injury Resolution Act of
2005''; to the Committee on the Judiciary.
Assembly Resolution No. 100
Whereas, asbestos was used for decades, especially during
and after World War II, in several industries in a variety of
products, notably insulation, and exposure to asbestos has
proven deadly to thousands of workers; and
Whereas, long-term exposure to asbestos has been associated
with various types of cancer, including lung cancer, as well
as asbestosis and pleural disease; and
Whereas, the discovery, on a nationwide basis, of the fatal
effects of asbestos exposure has spawned a massive and still
growing civil litigation industry; and
Whereas, the United States Supreme Court has called upon
Congress to resolve the national asbestos litigation issue;
and
Whereas, the ``Fairness in Asbestos Injury Resolution Act
of 2005,'' pending in the United States Senate as Senate Bill
852 and sponsored by Senators Specter and Leahy, would seek
to provide payouts to people sickened by exposure to asbestos
by requiring that such individuals apply to the Department of
Labor for compensation rather than take the case to court;
and
Whereas, the bill would establish a $140 billion trust
fund, primarily financed by businesses, from which damages
would be paid on accordance with a schedule so that those
with the most serious health problems related to asbestos
exposure would receive the most money, with maximum damages
capped at $1 million; and
Whereas, Senate Bill 852 has drawn reservations and
opposition from many members of the United States Congress,
organized labor and consumer groups, and some insurance
companies, arguing that the bill would allow big businesses
to avoid financial responsibility and that the fund would not
adequately compensate all of the victims; and
Whereas, because contributions to the trust fund are capped
at $27.5 million per company per year, several Fortune 500
companies stand to save billions of dollars under the bill
and many companies will be liable for only 10 to 20 cents of
every dollar that they would have owed if the cases went to
court; now, therefore, be it
Resolved, by the General Assembly of the State of New
Jersey:
1. This House opposes the ``Fairness in Asbestos Injury
Resolution Act of 2005,'' currently pending in the United
States Senate as Senate Bill 852.
2. Duly authenticated copies of this resolution, signed by
the Speaker of the General Assembly and attested by the Clerk
thereof, shall be transmitted to the President and Vice-
President of the United States, the Speaker of the United
States House of Representatives, the majority and minority
leaders of the United States Senate and the United States
House of Representatives, and each member of the Congress of
the United States elected from this State.
____________________
REPORTS OF COMMITTEES
The following reports of committees were submitted:
By Mr. BYRD, from the Committee on Appropriations:
Special Report entitled ``Revised Allocation to
Subcommittees of Budget Totals from the Concurrent Resolution
for Fiscal Year 2008'' (Rept. No. 110-87).
By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs, without amendment:
S. 1099. A bill to amend chapter 89 of title 5, United
States Code, to make individuals employed by the Roosevelt
Campobello International Park Commission eligible to obtain
Federal health insurance.
____________________
INTRODUCTION OF BILLS AND JOINT RESOLUTIONS
The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:
By Mrs. HUTCHISON:
S. 1647. A bill to amend title II of the Social Security
Act to repeal the windfall elimination provision and protect
the retirement of public servants; to the Committee on
Finance.
By Mr. LEVIN:
S. 1648. A bill for the relief of Guy Vang, Genevieve Chong
Foung, Caroline Vang, and Meline ``Melanie'' Vang; to the
Committee on the Judiciary.
[[Page 16348]]
By Mr. FEINGOLD (for himself and Mr. Casey):
S. 1649. A bill to provide for 2 programs to authorize the
use of leave by caregivers for family members of certain
individuals performing military service, and for other
purposes; to the Committee on Homeland Security and
Governmental Affairs.
By Mr. KERRY (for himself, Mr. Warner, Mr. Pryor, Mr.
Smith, and Mr. Webb):
S. 1650. A bill to establish a digital and wireless network
technology program, and for other purposes; to the Committee
on Health, Education, Labor, and Pensions.
By Mr. KENNEDY (for himself, Mr. Smith, Mr. Biden, Mr.
Hagel, Mr. Leahy, Mr. Levin, and Mr. Lieberman):
S. 1651. A bill to assist certain Iraqis who have worked
directly with, or are threatened by their association with,
the United States, and for other purposes; to the Committee
on the Judiciary.
By Mrs. DOLE (for herself and Ms. Cantwell):
S. 1652. A bill to amend the Trade Act of 1974 with respect
to trade adjustment assistance for textile and apparel
workers, and for other purposes; to the Committee on Finance.
By Mr. INHOFE (for himself, Mr. Carper, and Mr.
Voinovich):
S. 1653. A bill to implement the Convention on
Supplementary Compensation for Nuclear Damage, and for other
purposes; to the Committee on Environment and Public Works.
By Mr. KYL:
S. 1654. A bill to prohibit the sale or provision of caller
ID spoofing services; to the Committee on the Judiciary.
By Mr. KENNEDY (for himself, Mrs. Murray, and Mr.
Byrd):
S. 1655. A bill to establish improved mandatory standards
to protect miners during emergencies, and for other purposes;
to the Committee on Health, Education, Labor, and Pensions.
By Ms. SNOWE (for herself and Mr. Kerry):
S. 1656. A bill to authorize loans for renewable energy
systems and energy efficiency projects under the Express Loan
Program of the Small Business Administration; to the
Committee on Small Business and Entrepreneurship.
By Mr. KERRY (for himself and Ms. Snowe):
S. 1657. A bill to establish a small business energy
efficiency program, and for other purposes; to the Committee
on Small Business and Entrepreneurship.
By Mr. GREGG:
S. 1658. A bill to amend the Servicemembers Civil Relief
Act to provide protection for child custody arrangements for
parents who are members of the Armed Forces deployed in
support of a contingency operation; to the Committee on
Veterans' Affairs.
By Mr. GREGG:
S. 1659. A bill to limit the simultaneous deployment to
combat zones of dual-military couples who have minor
dependents; to the Committee on Armed Services.
By Mr. GREGG:
S. 1660. A bill to require studies on support services for
families of members of the National Guard and Reserve who are
undergoing deployment; to the Committee on Armed Services.
By Mr. DORGAN (for himself, Mr. Stevens, and Mr.
Inouye):
S. 1661. A bill to communicate United States travel
policies and improve marketing and other activities designed
to increase travel in the United States from abroad; to the
Committee on Commerce, Science, and Transportation.
By Mr. KERRY (for himself and Ms. Snowe):
S. 1662. A bill to amend the Small Business Investment Act
of 1958 to reauthorize the venture capital program, and for
other purposes; to the Committee on Small Business and
Entrepreneurship.
By Mr. KERRY (for himself and Ms. Snowe):
S. 1663. A bill to amend the Small Business Investment Act
of 1958 to reauthorize the New Markets Venture Capital
Program, and for other purposes; to the Committee on Small
Business and Entrepreneurship.
____________________
SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS
The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:
By Mr. SESSIONS (for himself, Mr. DeMint, Mrs. Dole,
Mr. Grassley, and Mr. Vitter):
S. Res. 239. A resolution expressing the sense of the
Senate that the Administration should rigorously enforce the
laws of the United States to substantially reduce illegal
immigration and greatly improve border security; to the
Committee on the Judiciary.
____________________
ADDITIONAL COSPONSORS
S. 38
At the request of Ms. Murkowski, her name was added as a cosponsor of
S. 38, a bill to require the Secretary of Veterans Affairs to establish
a program for the provision of readjustment and mental health services
to veterans who served in Operation Iraqi Freedom and Operation
Enduring Freedom, and for other purposes.
S. 147
At the request of Mrs. Boxer, the name of the Senator from Illinois
(Mr. Durbin) was added as a cosponsor of S. 147, a bill to empower
women in Afghanistan, and for other purposes.
S. 456
At the request of Mrs. Feinstein, the name of the Senator from Texas
(Mrs. Hutchison) was added as a cosponsor of S. 456, a bill to increase
and enhance law enforcement resources committed to investigation and
prosecution of violent gangs, to deter and punish violent gang crime,
to protect law-abiding citizens and communities from violent criminals,
to revise and enhance criminal penalties for violent crimes, to expand
and improve gang prevention programs, and for other purposes.
S. 507
At the request of Mr. Conrad, the name of the Senator from New Mexico
(Mr. Bingaman) was added as a cosponsor of S. 507, a bill to amend
title XVIII of the Social Security Act to provide for reimbursement of
certified midwife services and to provide for more equitable
reimbursement rates for certified nurse-midwife services.
S. 535
At the request of Mr. Dodd, the name of the Senator from Illinois
(Mr. Obama) was added as a cosponsor of S. 535, a bill to establish an
Unsolved Crimes Section in the Civil Rights Division of the Department
of Justice, and an Unsolved Civil Rights Crime Investigative Office in
the Civil Rights Unit of the Federal Bureau of Investigation, and for
other purposes.
S. 543
At the request of Mr. Nelson of Nebraska, the name of the Senator
from California (Mrs. Boxer) was added as a cosponsor of S. 543, a bill
to improve Medicare beneficiary access by extending the 60 percent
compliance threshold used to determine whether a hospital or unit of a
hospital is an inpatient rehabilitation facility under the Medicare
program.
S. 594
At the request of Mrs. Feinstein, the name of the Senator from New
Mexico (Mr. Bingaman) was added as a cosponsor of S. 594, a bill to
limit the use, sale, and transfer of cluster munitions.
S. 622
At the request of Mr. Harkin, the name of the Senator from New York
(Mrs. Clinton) was added as a cosponsor of S. 622, a bill to enhance
fair and open competition in the production and sale of agricultural
commodities.
S. 651
At the request of Mr. Harkin, the name of the Senator from California
(Mrs. Boxer) was added as a cosponsor of S. 651, a bill to help promote
the national recommendation of physical activity to kids, families, and
communities across the United States.
S. 773
At the request of Ms. Murkowski, her name was added as a cosponsor of
S. 773, a bill to amend the Internal Revenue Code of 1986 to allow
Federal civilian and military retirees to pay health insurance premiums
on a pretax basis and to allow a deduction for TRICARE supplemental
premiums.
At the request of Mr. Warner, the name of the Senator from
Mississippi (Mr. Cochran) was added as a cosponsor of S. 773, supra.
S. 807
At the request of Mrs. Lincoln, the name of the Senator from Texas
(Mr. Cornyn) was added as a cosponsor of S. 807, a bill to amend the
Comprehensive Environmental Response Compensation and Liability Act of
1980 to provide that manure shall not be considered to be a hazardous
substance, pollutant, or contaminant.
s. 871
At the request of Mr. Lieberman, the names of the Senator from
Washington (Ms. Cantwell) and the Senator from Mississippi (Mr.
Cochran) were added as cosponsors of S. 871, a bill to establish and
provide for the treatment of Individual Development Accounts, and for
other purposes.
[[Page 16349]]
s. 901
At the request of Mr. Kennedy, the name of the Senator from Virginia
(Mr. Webb) was added as a cosponsor of S. 901, a bill to amend the
Public Health Service Act to provide additional authorizations of
appropriations for the health centers program under section 330 of such
Act.
s. 932
At the request of Mrs. Lincoln, the name of the Senator from
Mississippi (Mr. Cochran) was added as a cosponsor of S. 932, a bill to
amend title XVIII of the Social Security Act to authorize physical
therapists to evaluate and treat Medicare beneficiaries without a
requirement for a physician referral, and for other purposes.
s. 941
At the request of Mr. Sanders, the name of the Senator from
Connecticut (Mr. Lieberman) was added as a cosponsor of S. 941, a bill
to increase Federal support for Community Health Centers and the
National Health Service Corps in order to ensure access to health care
for millions of Americans living in medically-underserved areas.
s. 946
At the request of Mr. Durbin, the name of the Senator from South
Dakota (Mr. Johnson) was added as a cosponsor of S. 946, a bill to
amend the Farm Security and Rural Investment Act of 2002 to reauthorize
the McGovern-Dole International Food for Education and Child Nutrition
Program, and for other purposes.
s. 961
At the request of Ms. Murkowski, her name was added as a cosponsor of
S. 961, a bill to amend title 46, United States Code, to provide
benefits to certain individuals who served in the United States
merchant marine (including the Army Transport Service and the Naval
Transport Service) during World War II, and for other purposes.
s. 991
At the request of Mr. Durbin, the name of the Senator from New Mexico
(Mr. Bingaman) was added as a cosponsor of S. 991, a bill to establish
the Senator Paul Simon Study Abroad Foundation under the authorities of
the Mutual Educational and Cultural Exchange Act of 1961.
s. 999
At the request of Mr. Cochran, the name of the Senator from Louisiana
(Mr. Vitter) was added as a cosponsor of S. 999, a bill to amend the
Public Health Service Act to improve stroke prevention, diagnosis,
treatment, and rehabilitation.
s. 1042
At the request of Mr. Enzi, the name of the Senator from North Dakota
(Mr. Dorgan) was added as a cosponsor of S. 1042, a bill to amend the
Public Health Service Act to make the provision of technical services
for medical imaging examinations and radiation therapy treatments
safer, more accurate, and less costly.
s. 1146
At the request of Ms. Murkowski, her name was added as a cosponsor of
S. 1146, a bill to amend title 38, United States Code, to improve
health care for veterans who live in rural areas, and for other
purposes.
s. 1149
At the request of Mr. Kohl, the name of the Senator from South Dakota
(Mr. Johnson) was added as a cosponsor of S. 1149, a bill to amend the
Federal Meat Inspection Act and the Poultry Products Inspection Act to
authorize the interstate distribution of State-inspected meat and
poultry if the Secretary of Agriculture determines that the State
inspection requirements are at least equal to Federal inspection
requirements and to require the Secretary to reimburse State agencies
for part of the costs of the inspections.
s. 1172
At the request of Mr. Leahy, his name was added as a cosponsor of S.
1172, a bill to reduce hunger in the United States.
s. 1183
At the request of Mr. Harkin, the names of the Senator from
Pennsylvania (Mr. Specter) and the Senator from Pennsylvania (Mr.
Casey) were added as cosponsors of S. 1183, a bill to enhance and
further research into paralysis and to improve rehabilitation and the
quality of life for persons living with paralysis and other physical
disabilities, and for other purposes.
s. 1224
At the request of Mr. Rockefeller, the name of the Senator from
Arkansas (Mr. Pryor) was added as a cosponsor of S. 1224, a bill to
amend title XXI of the Social Security Act to reauthorize the State
Children's Health Insurance Program, and for other purposes.
s. 1295
At the request of Mr. Feingold, the name of the Senator from Maryland
(Mr. Cardin) was added as a cosponsor of S. 1295, a bill to amend the
African Development Foundation Act to change the name of the
Foundation, modify the administrative authorities of the Foundation,
and for other purposes.
s. 1310
At the request of Mr. Leahy, his name was added as a cosponsor of S.
1310, a bill to amend title XVIII of the Social Security Act to provide
for an extension of increased payments for ground ambulance services
under the Medicare program.
s. 1323
At the request of Mr. McConnell, the name of the Senator from
Colorado (Mr. Allard) was added as a cosponsor of S. 1323, a bill to
prevent legislative and regulatory functions from being usurped by
civil liability actions brought or continued against food
manufacturers, marketers, distributors, advertisers, sellers, and trade
associations for claims of injury relating to a person's weight gain,
obesity, or any health condition associated with weight gain or
obesity.
s. 1337
At the request of Mr. Kerry, the name of the Senator from California
(Mrs. Boxer) was added as a cosponsor of S. 1337, a bill to amend title
XXI of the Social Security Act to provide for equal coverage of mental
health services under the State Children's Health Insurance Program.
s. 1382
At the request of Mr. Reid, the names of the Senator from New Jersey
(Mr. Lautenberg), the Senator from Louisiana (Mr. Vitter), the Senator
from Virginia (Mr. Warner) and the Senator from New York (Mr. Schumer)
were added as cosponsors of S. 1382, a bill to amend the Public Health
Service Act to provide the establishment of an Amyotrophic Lateral
Sclerosis Registry.
s. 1406
At the request of Mr. Kerry, the name of the Senator from California
(Mrs. Boxer) was added as a cosponsor of S. 1406, a bill to amend the
Marine Mammal Protection Act of 1972 to strengthen polar bear
conservation efforts, and for other purposes.
s. 1415
At the request of Mr. Harkin, the name of the Senator from New Jersey
(Mr. Lautenberg) was added as a cosponsor of S. 1415, a bill to amend
the Public Health Service Act and the Social Security Act to improve
screening and treatment of cancers, provide for survivorship services,
and for other purposes.
s. 1428
At the request of Mr. Hatch, the name of the Senator from Mississippi
(Mr. Cochran) was added as a cosponsor of S. 1428, a bill to amend part
B of title XVIII of the Social Security Act to assure access to durable
medical equipment under the Medicare program.
s. 1457
At the request of Mr. Harkin, the name of the Senator from Illinois
(Mr. Obama) was added as a cosponsor of S. 1457, a bill to provide for
the protection of mail delivery on certain postal routes, and for other
purposes.
S. 1460
At the request of Mr. Harkin, the name of the Senator from Michigan
(Ms. Stabenow) was added as a cosponsor of S. 1460, a bill to amend the
Farm Security and Rural Development Act of 2002 to support beginning
farmers and ranchers, and for other purposes.
S. 1469
At the request of Mr. Harkin, the names of the Senator from
Massachusetts (Mr. Kennedy) and the Senator
[[Page 16350]]
from Delaware (Mr. Biden) were added as cosponsors of S. 1469, a bill
to require the closure of the Department of Defense detention facility
at Guantanamo Bay, Cuba, and for other purposes.
S. 1529
At the request of Mr. Harkin, the names of the Senator from
California (Mrs. Boxer) and the Senator from New Mexico (Mr. Bingaman)
were added as cosponsors of S. 1529, a bill to amend the Food Stamp Act
of 1977 to end benefit erosion, support working families with child
care expenses, encourage retirement and education savings, and for
other purposes.
S. 1571
At the request of Mr. Bingaman, the name of the Senator from South
Dakota (Mr. Johnson) was added as a cosponsor of S. 1571, a bill to
reform the essential air service program, and for other purposes.
S. 1572
At the request of Mr. Bingaman, the names of the Senator from
California (Mrs. Boxer) and the Senator from Washington (Ms. Cantwell)
were added as cosponsors of S. 1572, a bill to increase the number of
well-trained mental health service professionals (including those based
in schools) providing clinical mental health care to children and
adolescents, and for other purposes.
S. 1592
At the request of Mr. Brown, the name of the Senator from California
(Mrs. Boxer) was added as a cosponsor of S. 1592, a bill to reauthorize
the Underground Railroad Educational and Cultural Program.
S. 1593
At the request of Mr. Baucus, the names of the Senator from Nebraska
(Mr. Nelson), the Senator from Illinois (Mr. Obama) and the Senator
from New Mexico (Mr. Domenici) were added as cosponsors of S. 1593, a
bill to amend the Internal Revenue Code of 1986 to provide tax relief
and protections to military personnel, and for other purposes.
S. 1603
At the request of Mr. Menendez, the name of the Senator from Vermont
(Mr. Sanders) was added as a cosponsor of S. 1603, a bill to authorize
Congress to award a gold medal to Jerry Lewis, in recognition of his
outstanding service to the Nation.
S. 1605
At the request of Mr. Conrad, the name of the Senator from Nebraska
(Mr. Hagel) was added as a cosponsor of S. 1605, a bill to amend title
XVIII of the Social Security Act to protect and preserve access of
Medicare beneficiaries in rural areas to health care providers under
the Medicare program, and for other purposes.
S. 1606
At the request of Mr. Levin, the names of the Senator from Iowa (Mr.
Harkin), the Senator from New Mexico (Mr. Bingaman), the Senator from
Maryland (Ms. Mikulski) and the Senator from Missouri (Mr. Bond) were
added as cosponsors of S. 1606, a bill to provide for the establishment
of a comprehensive policy on the care and management of wounded
warriors in order to facilitate and enhance their care, rehabilitation,
physical evaluation, transition from care by the Department of Defense
to care by the Department of Veterans Affairs, and transition from
military service to civilian life, and for other purposes.
S. 1616
At the request of Mr. Durbin, the name of the Senator from Minnesota
(Mr. Coleman) was added as a cosponsor of S. 1616, a bill to amend the
Clean Air Act to promote and assure the quality of biodiesel fuel, and
for other purposes.
S. 1618
At the request of Mr. Salazar, the name of the Senator from Minnesota
(Mr. Coleman) was added as a cosponsor of S. 1618, a bill to amend the
Internal Revenue Code of 1986 to provide a credit for the production of
a cellulosic biofuel.
S. 1621
At the request of Mr. Conrad, the name of the Senator from South
Dakota (Mr. Johnson) was added as a cosponsor of S. 1621, a bill to
amend the Internal Revenue Code of 1986 to treat certain farming
business machinery and equipment as 5-year property for purposes of
depreciation.
S. 1638
At the request of Mr. Leahy, the name of the Senator from
Massachusetts (Mr. Kennedy) was added as a cosponsor of S. 1638, a bill
to adjust the salaries of Federal justices and judges, and for other
purposes.
S. 1642
At the request of Mr. Kennedy, the name of the Senator from Maryland
(Ms. Mikulski) was added as a cosponsor of S. 1642, a bill to extend
the authorization of programs under the Higher Education Act of 1965,
and for other purposes.
S. CON. RES. 1
At the request of Mr. Allard, the name of the Senator from California
(Mrs. Feinstein) was added as a cosponsor of S. Con. Res. 1, a
concurrent resolution expressing the sense of Congress that an artistic
tribute to commemorate the speech given by President Ronald Reagan at
the Brandenburg Gate on June 12, 1987, should be placed within the
United States Capitol.
S. CON. RES. 22
At the request of Mr. Durbin, the name of the Senator from Georgia
(Mr. Isakson) was added as a cosponsor of S. Con. Res. 22, a concurrent
resolution expressing the sense of the Congress that the Citizens'
Stamp Advisory Committee should recommend to the Postmaster General
that a commemorative postage stamp be issued to promote public
awareness of Down syndrome.
S. RES. 171
At the request of Ms. Collins, the name of the Senator from Louisiana
(Mr. Vitter) was added as a cosponsor of S. Res. 171, a resolution
memorializing fallen firefighters by lowering the United States flag to
half-staff on the day of the National Fallen Firefighter Memorial
Service in Emmitsburg, Maryland.
S. RES. 215
At the request of Mr. Allard, the names of the Senator from
California (Mrs. Boxer), the Senator from Oregon (Mr. Wyden), the
Senator from Alaska (Ms. Murkowski), the Senator from Louisiana (Ms.
Landrieu), the Senator from New Mexico (Mr. Domenici), the Senator from
Ohio (Mr. Brown), the Senator from Minnesota (Mr. Coleman), the Senator
from Hawaii (Mr. Akaka), the Senator from Maryland (Ms. Mikulski) and
the Senator from New York (Mrs. Clinton) were added as cosponsors of S.
Res. 215, a resolution designating September 25, 2007, as ``National
First Responder Appreciation Day''.
S. RES. 224
At the request of Mrs. Feinstein, the name of the Senator from
Mississippi (Mr. Lott) was added as a cosponsor of S. Res. 224, a
resolution expressing the sense of the Senate regarding the Israeli-
Palestinian peace process.
S. RES. 231
At the request of Mr. Durbin, the names of the Senator from Arkansas
(Mr. Pryor), the Senator from New Jersey (Mr. Lautenberg), the Senator
from Wisconsin (Mr. Feingold), the Senator from Hawaii (Mr. Akaka) and
the Senator from Maryland (Ms. Mikulski) were added as cosponsors of S.
Res. 231, a resolution recognizing the historical significance of
Juneteenth Independence Day and expressing the sense of the Senate that
history should be regarded as a means for understanding the past and
solving the challenges of the future.
S. RES. 236
At the request of Mr. Bayh, the name of the Senator from Connecticut
(Mr. Lieberman) was added as a cosponsor of S. Res. 236, a resolution
supporting the goals and ideals of the National Anthem Project, which
has worked to restore America's voice by re-teaching Americans to sing
the national anthem.
AMENDMENT NO. 1556
At the request of Mrs. Lincoln, the names of the Senator from
Nebraska (Mr. Hagel) and the Senator from Texas (Mr. Cornyn) were added
as cosponsors of amendment No. 1556 intended to be proposed to H.R. 6,
a bill to reduce our Nation's dependency on
[[Page 16351]]
foreign oil by investing in clean, renewable, and alternative energy
resources, promoting new emerging energy technologies, developing
greater efficiency, and creating a Strategic Energy Efficiency and
Renewables Reserve to invest in alternative energy, and for other
purposes.
AMENDMENT NO. 1610
At the request of Mr. Cardin, the names of the Senator from
Connecticut (Mr. Lieberman) and the Senator from California (Mrs.
Feinstein) were added as cosponsors of amendment No. 1610 proposed to
H.R. 6, a bill to reduce our Nation's dependency on foreign oil by
investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes.
AMENDMENT NO. 1628
At the request of Mr. Bunning, the name of the Senator from Utah (Mr.
Hatch) was added as a cosponsor of amendment No. 1628 proposed to H.R.
6, a bill to reduce our Nation's dependency on foreign oil by investing
in clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes.
____________________
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. FEINGOLD (for himself and Mr. Casey):
S. 1649. A bill to provide for 2 programs to authorize the use of
leave by caregivers for family members of certain individuals
performing military service, and for other purposes; to the Committee
on Homeland Security and Governmental Affairs.
Mr. FEINGOLD. Mr. President, today I introduce legislation that
should, and could, have been law 1 year ago, the Military Family
Support Act. This bill provides modest but significant relief for the
families of the brave American soldiers deployed overseas. I was
disappointed that, after passing the Senate last year as an amendment
to the fiscal year 2007 Defense Department authorization bill, this
provision was removed in conference. I am pleased to be joined in this
effort by Senator Casey.
As part of the predeployment process, military personnel with
dependent children or other dependent family members designate a
caregiver for their dependents. Dependents may be children, elderly
parents, an ill sibling; anyone who requires care. These caregivers act
in the deployed personnel's place to provide care during the period of
deployment. The caregiver could be a spouse, parent, sibling, or other
responsible adult who is capable of caring, and willing to care, for
the dependents in question.
The bill that I am introducing today, the Military Family Support
Act, would create two programs to provide additional leave options for
persons who have been designated as caregivers. The bill would require
the Office of Personnel Management, OPM, to create a program under
which Federal employees who are designated as caregivers could use
accrued annual or sick leave, leave bank benefits, and other leave
available to them under title 5 for purposes directly relating to or
resulting from their designation as a caregiver.
The second program would be administered by the Department of Labor
for private sector employees. The Department would create a voluntary
program, allowing private sector companies to create similar programs
for their employees. Many companies across the country are already
working with employees to provide support when an employee or a family
member of an employee is called to active duty. I commend these
companies for their compassion and understanding, and I hope that this
program would expand such options to more workers.
Lastly, this bill would require a report from the Government
Accountability Office evaluating both the OPM and voluntary private
sector program. If the report demonstrates that the program has helped
military families, which I believe it will, Congress may act to expand
the programs or make them permanent.
I want to be clear that the legislation I am introducing today
specifically exempts Family Medical Leave Act leave from the types of
leave that can be used by designated caregivers under this legislation.
Last Congress, I introduced legislation to expand the FMLA to cover
leave for designated caregivers. That legislation, however, met with
opposition from some Members who object to the FMLA itself. While I
continue to believe that this opposition is misguided and that family
members of deployed servicemembers should be able to take leave under
the FMLA, I have drafted this compromise measure to address those
concerns.
This legislation has been endorsed by the National Military Family
Association, the National Partnership for Women and Families, and the
Military Officers Association of America.
In small towns and big cities all over this country, family members
of deployed servicemembers are struggling to care for their children
without their spouses' help. In addition, many servicemembers care for
elderly parents and this responsibility often falls to a sibling or
spouse when that servicemember is deployed abroad. While we may not be
able to promise the safe return of each one of these brave men and
women, we can provide this modest relief to their families here at
home. I urge my colleagues to support this legislation and I yield the
floor.
I ask unanimous consent that the text of the bill and letters of
support be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1649
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 ``Military Family Support Act
of 2007''.
SEC. 2. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY
MEMBERS OF INDIVIDUALS PERFORMING CERTAIN
MILITARY SERVICE.
(a) Federal Employees Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an individual
who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of children or other
dependent family members of a qualified member of the Armed
Forces.
(B) Covered period of service.--The term ``covered period
of service'' means any period of service performed by an
employee as a caregiver while the individual who designated
the caregiver under paragraph (3) remains a qualified member
of the Armed Forces.
(C) Employee.--The term ``employee'' has the meaning given
under section 6331 of title 5, United States Code.
(D) Family member.--The term ``family member'' includes--
(i) individuals for whom the qualified member of the Armed
Forces provides medical, financial, and logistical support
(such as housing, food, clothing, or transportation); and
(ii) children under the age of 19 years, elderly adults,
persons with disabilities, and other persons who are unable
to care for themselves in the absence of the qualified member
of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the Armed Forces as
described under section 10101 of title 10, United States
Code, who has received notice to report to, or is serving on,
active duty in the Armed Forces in support of a contingency
operation as defined under section 101(a)(13) of title 10,
United States Code; or
(ii) a member of the Armed Forces on active duty who is
eligible for hostile fire or imminent danger special pay
under section 310 of title 37, United States Code.
(2) Establishment of program.--The Office of Personnel
Management shall establish a program to authorize a caregiver
to--
(A) use any sick leave of that caregiver during a covered
period of service in the same manner and to the same extent
as annual leave is used; and
(B) use any leave available to that caregiver under
subchapter III or IV of chapter 63 of title 5, United States
Code, during a covered period of service as though that
covered period of service is a medical emergency.
(3) Designation of caregiver.--
[[Page 16352]]
(A) In general.--A qualified member of the Armed Forces
shall submit a written designation of the individual who is
the caregiver for any family member of that member of the
Armed Forces during a covered period of service to the
employing agency and the Office of Personnel Management.
(B) Designation of spouse.--Notwithstanding paragraph
(1)(A)(ii), an individual less than 21 years of age may be
designated as a caregiver if that individual is the spouse of
the qualified member of the Armed Forces making the
designation.
(4) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or
resulting from, the designation of an employee as a
caregiver.
(5) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management
shall prescribe regulations to carry out this subsection.
(6) Termination.--The program under this subsection shall
terminate on December 31, 2012.
(b) Voluntary Private Sector Leave Program.--
(1) Definitions.--
(A) Caregiver.--The term ``caregiver'' means an individual
who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of children or other
dependent family members of a qualified member of the Armed
Forces.
(B) Covered period of service.--The term ``covered period
of service'' means any period of service performed by an
employee as a caregiver while the individual who designated
the caregiver under paragraph (4) remains a qualified member
of the Armed Forces.
(C) Employee.--The term ``employee'' means an employee of a
business entity participating in the program under this
subsection.
(D) Family member.--The term ``family member'' includes--
(i) individuals for whom the qualified member of the Armed
Forces provides medical, financial, and logistical support
(such as housing, food, clothing, or transportation); and
(ii) children under the age of 19 years, elderly adults,
persons with disabilities, and other persons who are unable
to care for themselves in the absence of the qualified member
of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the Armed Forces as
described under section 10101 of title 10, United States
Code, who has received notice to report to, or is serving on,
active duty in the Armed Forces in support of a contingency
operation as defined under section 101(a)(13) of title 10,
United States Code; or
(ii) a member of the Armed Forces on active duty who is
eligible for hostile fire or imminent danger special pay
under section 310 of title 37, United States Code.
(2) Establishment of program.--
(A) In general.--The Secretary of Labor shall establish a
program to authorize employees of business entities described
under paragraph (3) to use sick leave, or any other leave
available to an employee, during a covered period of service
in the same manner and to the same extent as annual leave (or
its equivalent) is used.
(B) Exception.--Subparagraph (A) shall not apply to leave
made available under the Family and Medical Leave Act of 1993
(29 U.S.C. 2601 et seq.).
(3) Voluntary business participation.--The Secretary of
Labor shall solicit business entities to voluntarily
participate in the program under this subsection.
(4) Designation of caregiver.--
(A) In general.--A qualified member of the Armed Forces
shall submit a written designation of the individual who is
the caregiver for any family member of that member of the
Armed Forces during a covered period of service to the
employing business entity.
(B) Designation of spouse.--Notwithstanding paragraph
(1)(A)(ii), an individual less than 21 years of age may be
designated as a caregiver if that individual is the spouse of
the qualified member of the Armed Forces making the
designation.
(5) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or
resulting from, the designation of an employee as a
caregiver.
(6) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor shall prescribe
regulations to carry out this subsection.
(7) Termination.--The program under this subsection shall
terminate on December 31, 2012.
(c) GAO Report.--Not later than June 30, 2010, the
Government Accountability Office shall submit a report to
Congress on the programs under subsections (a) and (b) that
includes--
(1) an evaluation of the success of each program; and
(2) recommendations for the continuance or termination of
each program.
(d) Offset.--The aggregate amount authorized to be
appropriated for fiscal year 2008 for the use of the
Department of Defense for research, development, test and
evaluation shall be reduced by $2,000,000.
____
National Military Family
Association, Inc.,
Alexandria, VA, June 14, 2007.
Hon. Russ Feingold,
U.S. Senate,
Washington, DC.
Dear Senator Feingold: The National Military Family
Association (NMFA) is the only national organization whose
sole focus is the military family and whose goal is to
influence the development and implementation of policies that
will improve the lives of the families of the Army, Navy, Air
Force, Marine Corps, Coast Guard, and the Commissioned Corps
of the Public Health Service and the National Oceanic and
Atmospheric Administration. For more than 35 years, its staff
and volunteers, comprised mostly of military family members,
have built a reputation for being the leading experts on
military family issues.
On behalf of NMFA and the families it serves, we commend
you on your leadership in sponsoring the ``Military Family
Support Act of 2007''. Authorizing federal employees who have
been designated ``caregivers'' by the Armed Forces to use
their previously earned leave time in a more flexible manner
helps to alleviate some of the stress caregivers experience
during a deployment. NMFA also applauds the inclusion of a
provision that instructs the Department of Labor to solicit
private businesses to voluntarily offer more accommodating
leave time to employees affected by a service member's
deployment overseas.
NMFA has heard from many families about the difficulty of
balancing family obligations with job requirements when a
close family member is deployed. Suddenly, they are single
parents or, in the case of grandparents, assuming the new
responsibility of caring for grandchildren. The days leading
up to a deployment can be filled with pre-deployment
briefings and putting legal affairs in order. Families also
need the opportunity to spend precious time together prior to
a long separation. The need is no less when the service
member returns. Reintegration and transition requires
training not only for the service member but for the family
as well in order to be most effective.
Military families, especially those of deployed service
members, are called upon to make extraordinary sacrifices.
This amendment offers families some breathing room as they
adjust to this time of separation.
Thank you for your support and interest in military
families. If NMFA can be of any assistance to you in other
areas concerning military families, please contact Jessica
Perdew in the Government Relations Department at 703-931-6632
or by e-mail at
[email protected].
Sincerely,
Tanna K. Schmidli,
Chairman, Board of Governors.
____
National Partnership
for Women & Families,
Washington, DC, June 15, 2007.
Senator Feingold
Hart Office Building,
Washington, DC.
Dear Senator Feingold: We are writing to express our
support of the Military Family Support of 2007. This
important legislation would allow federal employees to take
job-protected leave to address family caregiving needs caused
by the deployment of a family member and would authorize a
similar voluntary project for the private sector to be
administered by the Department of Labor. We applaud your
leadership on this issue.
The National Partnership for Women & Families is a non-
profit, non-partisan advocacy organization dedicated to
promoting fairness in the workplace, access to quality health
care and policies that help women and men meet the demands of
work and family. We are proud to have led the coalition that
helped enact the Family and Medical Leave Act (FMLA), which
has helped over 60 million workers take time off from work to
welcome a new child or deal with an acute medical need.
But there is more to be done to support America's families,
including the 40 percent of workers who today cannot access
the FMLA. This legislation will close a critical gap in the
FMLA by addressing the specific needs of families with active
military members, and could not come at a more critical time
in the lives of our military families. Its passage will give
them time to prepare, logistically and mentally, before or
during a loved one's departure for active duty--without fear
of losing a much needed job.
We thank you for supporting our troops by helping to ensure
their families are cared for in times of need.
Sincerely,
Debra L. Ness,
President.
______
By Mr. KENNEDY (for himself, Mr. Smith, Mr. Biden, Mr. Hagel, Mr.
Leahy, Mr. Levin, and Mr. Lieberman):
S. 1651. A bill to assist certain Iraqis who have worked directly
with, or are threatened by their association with,
[[Page 16353]]
the United States, and for other purposes; to the Committee on the
Judiciary.
Mr. KENNEDY. Mr. President, because of the war in Iraq, more than 2
million Iraqis have been internally displaced in their own country, and
2 million other Iraqis are in neighboring countries throughout the
region, primarily Jordan and Syria.
The humanitarian needs of the refugees and internally displaced
Iraqis are immense. If their needs are not quickly and adequately met,
these populations could become a fertile recruiting ground for
terrorists.
Iraqi refugees are also a significant financial burden on countries
in the region. As the Iraq Study Group concluded, if the refugee crisis
``is not addressed, Iraq and the region could be further
destabilized.''
Many Iraqis who have worked in critical positions in direct support
of the U.S. Government in Iraq have been killed or injured in reprisals
for their support of our effort. Many more Iraqis associated with the
United States have fled their country in fear of being killed or
injured.
Clearly, we cannot resettle all of Iraq's refugees in the United
States, but we have a fundamental obligation to help the vast number of
Iraqis displaced in Iraq and throughout the region by the war and the
associated chaos, especially those who have supported America's efforts
in Iraq.
In April 2007, Assistant Secretary of State Ellen Sauerbray said the
United States ``could resettle up to 25,000 Iraqi refugees this year.''
In May 2007, Under Secretary Paula Dobriansky said, ``We are committed
to honoring our moral debt to those Iraqis who have provided assistance
to the United States military and embassy.'' On June 8, Secretary Rice
said ``the people that I'm most worried about in the near term are the
people who've worked with us who might be subject to recrimination and
reprisal. And we're trying to step up our efforts on their behalf.''
It is essential for the United States to develop a comprehensive and
effective approach to meet the rapidly growing needs of Iraq's refugees
and internally displaced persons, especially those who are associated
with the United States.
The legislation I am introducing today with Senators Smith, Biden,
Hagel, Leahy, Levin, and Lieberman seeks to accomplish these goals.
First, the legislation would create a special category of applicants
for refugee status in Iraq. Those eligible for this program, a P-2
category for refugees of special humanitarian concern, would be the
Iraqis most closely associated with the United States. Iraqis who
qualify would be those, 1. who have been employed by or worked directly
with the U.S. Government in Iraq; or, 2. who were employed in Iraq by a
media or nongovernmental organization based in the United States or by
an organization or entity that has received a grant from, or entered
into a cooperative agreement or contract with, the U.S. Government; or,
3. who are spouses, children, sons, daughters, siblings and parents of
those who worked for or with us; or, 4. who are members of religious or
minority communities and have close family members in the U.S.
Those eligible would not have to be referred to our Government by the
United Nations High Commissioner for Refugees or a U.S. Embassy. All
applicants, however, would need to demonstrate a well-founded fear of
persecution. Applicants would be required to go through recently
approved extensive security screening.
P-2 visas for these refugees would come out of the overall authorized
admissions number for the refugee program, currently established at
70,000. That figure is determined every year by the President in close
consultation with the Congress.
In addition to the new P-2 category of refugee applications, the
legislation would expand the current U.S. Government program which
provides special immigrant visas only to Iraqi and Afghan translators
and interpreters. Those eligible for the expanded special immigrant
visa program are Iraqis who have been employed by or worked directly
with the United States for 1 year in the aggregate since 2003, and need
not have served as a translator or interpreter for the military or
Department of State.
Applicants for SIV visas would not need to demonstrate a well-founded
fear of persecution, but they would need to meet security requirements,
demonstrate that they provided faithful service to our Government, and
provide a recommendation or evaluation. The Secretary of State would be
required to provide applicants with protection or immediate removal
from Iraq if they are in immediate danger. Five thousand of these visas
would be available yearly for 5 years.
Importantly, our legislation requires the Secretary of State to
establish a program for processing P-2 refugees and SIV applicants in
Iraq and in countries in the region. The Secretary would be required to
report to the Congress within 60 days on plans to establish this
program. Currently, there is no mechanism for applying for refugee
status in Iraq. Those fleeing persecution and seeking refugee status
must find their way to Jordan or Syria, locate an official from the
United Nations High Commissioner for Refugees, and then be referred to
the U.S. Government by the United Nations. Because of the growing
violence and risk for those associated with the United States, we need
to find a way to address this problem for Iraqis inside Iraq. Our bill
does not eliminate the referral system through the United Nations, or
any other existing system, but it does create an essential mechanism
for direct applications in country.
To oversee the implementation of this new program, the Secretary of
State would be required to establish in the Embassy in Baghdad a
Minister Counselor for Refugees and Internally Displaced Persons. This
senior official would be responsible for overseeing the in-country
processing of P-2 refugee and special immigrant visa applicants, and
would have authority to refer them directly to the U.S. refugee
resettlement program.
A parallel position would be created in the American embassies in
Egypt, Jordan, Lebanon, and Syria to oversee the application process of
P-2 refugees of special humanitarian concern. SIV applicants would work
through regular consular channels in embassies in those countries.
Recognizing that the United States can only resettle a small number
of the most vulnerable refugees within our borders, the Secretary of
State would be required to consult with other countries about
resettlement of refugee populations, develop mechanisms in countries
with significant populations of displaced Iraqis to ensure the
refugees' well-being and safety, and provide assistance to the
countries in doing so.
In addition, the legislation would allow Iraqis denied asylum after
March 2003 based on changed conditions to file a new petition with an
immigration judge to reopen their cases. Those denied asylum, for
example, on the grounds that Saddam Hussein is no longer in power and
the United States is committed to building democracy in Iraq should be
permitted to make their case again before a judge.
After 90 days, and annually thereafter, the President would be
required to submit an unclassified report to Congress with a classified
annex if necessary, assessing the financial, security, personnel,
considerations and resources necessary to establish the programs
required in the act. After 90 days, the Secretary of Homeland Security
would be required to submit a report to Congress outlining plans to
expedite processing of Iraqi refugees, including a temporary expansion
of the Refugee Corps, and plans to enhance existing systems for
conducting background and security checks for Iraqis applying through
the program.
More than 5 years ago, Arthur Helton, perhaps this country's
staunchest advocate for the rights of refugees wrote, ``Refugees matter
. . . for a wide variety of reasons . . . Refugees are a product of
humanity's worst instincts--the willingness of some persons to oppress
others--as well as some of its best instincts--the willingness of many
to assist and protect the helpless . . . In personal terms, we care
about
[[Page 16354]]
refugees because of the seed of fear that lurks in all of us that can
be stated so simply: it could be me.''
A year later, Arthur Helton gave his life for his beliefs. He was
killed in Baghdad in 2003 while meeting with U.N. Special Envoy Sergio
Vieira de Mello when a bomb destroyed the U.N. headquarters in Iraq.
But his words resonate today, especially when we consider the very
human cost of the war in Iraq, and its tragic effect on the millions of
Iraqis, men, women, and children, who have fled their homes and their
country to escape the violence of a nation at war with itself.
America has a special obligation to keep faith with the Iraqis who
now have a bulls-eye on their back because of their association with
our Government.
At a hearing in the Senate Judiciary Committee in January, chilling
testimony was presented about the dangers Iraqis face because of their
association with America.
One Iraqi, Sami, was a translator for U.S. and Coalition forces and
who now lives in the United States. He said, ``I too, have been
targeted for my death. My name was listed on the doors of several
mosques calling for my death. Supposed friends of mine saw my name on
the list and turned on me because they believed I was traitor . . . In
June 2006, I learned that I had been granted special status. As a
result, today I live free from the fear of persecution and threats to
my life that I faced on a daily basis in Iraq. My hope is that all
brave Iraqis who worked and braved so much will have the same chance as
I have had to live in freedom.''
Another Iraqi, John, worked as a water service man for U.S. troops.
He said, ``My wife, my six children and myself fled Iraq after
terrorist groups targeted me and my family because I aided the
Americans by supplying water to their service camps.''
Ken Bacon, president of Refugees International, summed it up well
when he said, ``There is a large group of Iraqis who have risked their
lives to support the United States . . . people are sacrificing their
lives to help the United States.''
The legislation has been endorsed by organizations including Refugees
International, Refugee Council USA which encompasses Amnesty
International USA, Arab-American and Chaldean Council, Chaldean
Federation of America, Church World Service/Immigration and Refugee
Program, Episcopal Migration Ministries, Hebrew Immigrant Aid Society,
Human Rights First, International Rescue Committee, Jesuit Refugee
Service/USA, Jubilee Campaign USA, Lutheran Immigration and Refugee
Services, Migration & Refugee Services/United States Conference of
Catholic Bishops, Southeast Asia Resource Action Center, U.S. Committee
for Refugees and Immigrants, Women's Commission for Refugee Women and
Children, and WorId Relief, the International Rescue Committee, and the
PEN American center.
I urge my colleagues to support this legislation in order to keep the
faith with those many brave Iraqis whose lives are in jeopardy because
of their association with our forces in Iraq.
I ask unanimous consent that the letters of suport be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Refugee Council USA,
Washington, DC, June 13, 2007.
Hon. Edward M. Kennedy,
U.S. Senate, Russell Senate Office Building,
Washington, DC.
Dear Senator Kennedy: On behalf of a diverse coalition of
human rights, faith-based and refugee advocacy organizations
around the country, we write to express our support for your
legislation addressing the Iraqi refugee crisis unfolding in
the Middle East Region.
As you know over two million refugees from Iraq are
struggling to survive ound the region, and an additional two
million are displaced within the country. Forced to flee
because they practice a disfavored religion, were born into a
marginalized minority, or agreed to work in support of the
U.S. government, many of these refugees have no access to
housing, health care or education. Although many of the
refugees had temporary permission to remain in Jordan or
Syria, they have now overstayed their visas to avoid
desperate conditions back in Iraq. These refugees live in
constant fear of being forcibly returned to Iraq, where they
face death threats and further persecution. Many have already
lost spouses, children and siblings to kidnappings and
executions.
Although aware of this crisis, the United States has thus
far failed to take the meaningful steps necessary to provide
protection to these refugees and internally displaced
persons. Your legislation is a welcome step in addressing the
pressing protection needs of Iraqis.
Of particular concern to the United States are the men,
women and children who face targeted persecution from
insurgents due to their association with U.S. coalition
forces--individuals who served as translators, drivers,
doctors, and other contractors and employees of the United
States, U.S. allies, and international NGOs serving in the
region. The United States has a responsibility to provide
protection for individuals who have put their lives on the
line for the United States and who are consequently facing
persecution due to this association. Your legislation commits
the U.S. government to provide support and protection to
Iraqi refugees and internally displaced persons in the
rygion. In doing so it recognizes our nation's longstanding
tradition of extending protection to people who are targeted
because of their political opinions, ethnicity, or religion,
among other reasons. As a result, we stand in support of this
important effort.
Sincerely,
C. Richard Parkins,
Chair, Refugee Council USA.
On behalf of the following organizations:
Sarnata Reynolds, Refugee Program Director, Amnesty
International USA.
Radwan Khoury, Executive Director and COO, Arab-American
and Chaldean Council.
Joseph Kassab, Executive Director, Chaldean Federation of
America.
Joseph Roberson, Director, Church World Service/lmmigration
and Refugee Program.
C. Richard Parkins, Director, Episcopal Migration
Ministries.
Tsehaye Teferra, President, Ethiopian Community Development
Council.
Gideon Aronoff, President & CEO, Hebrew Immigrant Aid
Society (HIAS).
Elisa Massimino, Washington Director, Human Rights First.
Robert Carey, Vice President, Resettlement, International
Rescue Committee.
Fr. Kenneth Gavin, S.J., National Director, Jesuit Refugee
Service/USA
Ann Buwalda, Executive Director, Jubilee Campaign USA.
Ralston H. Deffenbaugh, Jr., President, Lutheran
Immigration and Refugee Service.
Mark Franken, Executive Director, Migration & Refugee
Services/United States Conference of Catholic Bishops.
Doua Thor, Executive Director, Southeast Asia Resource
Action Center.
Lavinia Limon, President & CEO, U.S. Committee for Refugees
and Immigrants.
Carolyn Makinson, Executive Director, Women's Commission
for Refugee Women and Children.
Stephan Bauman, Senior Vice President, Programs World
Relief.
____
June 8, 2007.
Senator Edward M. Kennedy,
Russell Senate Office Building,
Washington, DC.
Dear Senator Kennedy, I am writing to endorse your
legislation to address the rapidly escalating crisis of Iraqi
refugees and internally displaced persons (IDPs). We applaud
your bold effort to provide a comprehensive framework to meet
the growing needs of Iraq's two million internally displaced
and the two million refugees in the region.
Refugees International believes that the United States has
a special obligation to Iraqi refugees. This is the fastest
growing refugee crisis in the world, and your legislation
will bring greatly needed change in American policy, which
has been too slow in its response to this humanitarian
crisis. Currently, the Office of the United Nations High
Commissioner for Refugees (UNHCR) estimates that near two
million Iraqis have fled their homes and moved to other parts
of Iraq to escape sectarian conflict, political reprisals and
the insecurity that is increasingly prevalent in south and
central Iraq. In addition, UNHCR estimates that another 2.2
million Iraqis have left the country to find refuge
throughout the Middle East.
While Syria and Jordan have been generous to refugees and
deserve international recognition for accepting them in large
numbers, the burdens of the large refugee population are an
increasing strain on their societies and economies. It is
clear that the rapidly escalating refugee and IDP populations
are not only grave humanitarian concern, but also a security
concern for the region. The Iraq Study Group. among others,
highlighted the destabilizing effect the escalating refugee
crisis may have, and called upon the United States to take
the lead in providing assistance to the refugees.
Your legislation is a greatly needed effort to address this
crisis and ensure that the United States take the lead in
accepting responsibility for providing safety and security
for greater numbers of Iraqi refugees and IDPs. It is
abundantly clear that we need to create a P-2 category for
Iraqis closely associated with our effort in Iraq. Likewise,
the
[[Page 16355]]
expansion of the Special Immigrant Visa program keeps faith
with those who have worked most closely with our government.
The bill's requirement for in country processing of refugees
is absolutely essential to enable persons with credible fears
of persecution to more effectively and expeditiously begin
the process of seeking refugee status in Iraq.
Refugees International is presently conducting its third
mission to Iraq and the region since last November and has
found that the refugees are increasingly dispirited and
desperate for assistance. We will strongly encourage the
Senate to approve your legislation as an essential step to
address this growing crisis and allow the U.S. to fulfill its
share of the responsibility for assistance and protection for
Iraqi refugees.
Sincerely,
Ken H. Bacon,
President.
____
International Rescue Committee,
New York, NY, June 6, 2007.
Hon. Edward M. Kennedy,
Russell Senate Office Building,
Washington, DC.
Dear Ted: On behalf of the International Rescue Committee
(IRC). I write in support of the legislation you are
introducing today to address the critical issue of Iraqi
refugees and internally displaced persons.
As you know, the Iraqi refugee crisis represents the
greatest displacement of people in the Middle East in nearly
60 years, with more than two million Iraqis living as
refugees in neighboring countries and another two million
internally displaced within their own borders. To date, the
U.S. response has failed to reflect the magnitude of the
crisis.
As both an international aid organization and a U.S.
refugee resettlement agency, the IRC has long advocated for a
comprehensive U.S. response to the Iraqi refugee crisis that
addresses the essential components of humanitarian
assistance, protection in the region, and the admission to
the U.S. of vulnerable Iraqis. Your legislation takes such a
comprehensive approach.
We believe strongly in a humanitarian aid package that
addresses the shelter, health, nutrition, education, and
general protection needs of both the refugees and the
internally displaced. We also support increased opportunities
for the admission to the United States of Iraqis at risk
because of association with Americans or because they are
from religious, ethnic, minority, or other communities at
special risk. While admission to the United States as
refugees or special immigrants will be available to only a
small fraction of vulnerable Iraqis, these options will save
lives and will help convince host countries to keep their
doors open.
We thank you for your continued leadership in U.S. refugee
protection, and we look forward to working with you to help
ensure the enactment of this critical legislation.
Sincerely,
George Rupp.
____
PEN American Center,
June 11, 2007.
Senator Edward Kennedy,
Russell Senate Office Building,
Washington, DC.
Dear Senator Kennedy, We are writing on behalf of the 3,400
members of PEN American Center to express our continuing
gratitude for your efforts to address the Iraqi refugee
crisis, and to offer our strong support for the Refugee
Crisis in Iraq Act.
PEN American Center is the largest of 144 centers of
International PEN, the worldwide association of writers that
strives to protect writers and freedom of expression and
promote the free exchange of literature and ideas around the
globe. In keeping with this mission, for nearly two years PEN
has been working to resettle Iraqi translators, journalists,
and writers who have been targeted for death and forced into
hiding in Iraq or neighboring countries for their efforts
build a safe, free, and open society in Iraq. Thanks largely
to our colleagues at Norwegian PEN, a handful of these men
and women and their families have found safe havens in
northern Europe. But to date, despite the extreme sacrifices
so many Iraqis made to help Americans navigate the political
and social realities of their country and encourage their
fellow citizens to reject violence and extremism and support
a pluralistic Iraq, we have not yet successfully assisted a
single one of our colleagues in reaching the United States.
In recent months, as the world has come to recognize the
magnitude of the refugee crisis in Iraq, the United States
government has taken some important steps to open the way for
a limited number of Iraqi refugees to be resettled in this
country. With assistance from the U.S. Department of State, a
small number of those on whose behalf PEN has been working
have been screened by the United Nations High Commission for
Refugees in Syria and referred to the United States for
resettlement. But the process is complicated, protracted, and
at times hostile. Forbidden from working in Syria, they have
exhausted their financial resources long before the process
will be completed, and those who had the closest associations
with Coalition Forces and U.S. contractors have found that
the stigma of ``collaborators'' has followed them across the
border. Even so, these are the extremely fortunate few. No
avenue whatsoever exists for their counterparts still in Iraq
to seek refugee resettlement or relief. Even translators who
served honorably as interpreters for U.S. forces, sustained
serious combat wounds, survived assassination attempts, and
live in constant fear they will be recognized and killed have
no access to refugee processing inside Iraq.
The Refugee Crisis in Iraq Act directly addresses several
of these glaring inadequacies in our country's current
approach to the Iraqi refugee crisis. Taking particular note
of the United States' obligation to those who worked with and
are therefore endangered by their association with U.S.-based
organizations and institutions, it significantly expands the
numbers of Iraqis to be resettled in the United States and
creates direct, efficient mechanisms for Iraqis to petition
for resettlement. It expands and streamlines the Special
Immigrant visa program for Iraqi and Afghan translators and
interpreters, and creates a new P-2 visa category for Iraqi
refugees of special humanitarian concern, a category that
includes Iraqi writers, journalists, and media workers who
worked with and for U.S.-based media organizations in Iraq.
Perhaps most significantly, it requires the United States to
establish direct visa processing outside the UNHCR system in
neighboring countries and, for the first time, inside Iraq.
We strongly support these proposals.
How history views the United States' intervention in Iraq
will be colored in part by how we respond to the needs of
those who took great risks to try to build a new Iraq and who
fear for their lives as a result. PEN is grateful for your
leadership in pressing the United States to act on its
responsibilities to the growing number of Iraqi refugees, and
we are honored to endorse this important legislation.
Sincerely,
Francine Prose,
President.
Larry Siems,
Director,
____
Human Rights First
June 14, 2007.
Hon. Edward M. Kennedy,
Russell Senate Office Building,
Washington, DC.
Dear Senator Kennedy: I write to express Human Rights
First's support of your bipartisan legislation, ``The Refugee
Crisis in Iraq Act.'' By extending a lifeline to some of
Iraq's most vulnerable refugees and displaced people, your
bill would begin to fulfill the moral obligation of the
United States to protect Iraqi refugees and provide critical
assistance to countries that are already sheltering so many
Iraqis in the region. We urge swift passage of this important
legislation.
Historically, the United States has led the world in
efforts to protect and resettle vulnerable refugees,
admitting more than 2.6 million refugees since 1975. In the
closing days of the Vietnam War, the United States airlifted
more than 131,000 Vietnamese whose close ties to the U.S.
effort put them at risk of persecution. In 1999, the United
States resettled 14,000 Kosovars whose ethnicity made them
vulnerable to persecution.
The United States is justifiably proud of this strong
tradition of providing refuge to the persecuted and
assistance to those displaced by war. Yet the
administration's response to the Iraqi refugee situation
fails utterly to match the scale and urgency of the current
crisis. As we mark World Refugee Day next week, the United
States will have resettled only 272 Iraqi refugees here since
2006.
This must change. Since 2003, more than 2.2 million Iraqis
have fled violence and persecution in their homeland. Many
have been targeted because of their work for the United
States or with U.S. organizations. Others have been targeted
because of their ethnicity or religion. Those who have fled
to Jordan and Syria are living in dire conditions. Many are
at risk of exploitation, detention, and deportation. They
lack access to medical treatment, education for their
children, food, and a means of supporting their families. As
this crisis grows, the protection of refugees, the
institution of asylum, and the stability of the region are
all at risk.
With every day, the situation of Iraqi refugees in the
region and of those displaced inside Iraq grows more urgent.
It is past time for the United States to lead the
international community in addressing this crisis in a
comprehensive manner. The United States should begin by
swiftly providing safe haven to those at risk because of
their work with the United States or with U.S. organizations.
In addition, the United States should create an ambitious and
aggressive resettlement program to take in other refugees who
have been forced to flee from Iraq. Finally, the United
States must significantly increase aid to countries in the
region that now play host to millions of refugees, in order
to ensure adequate care for these refugees and to encourage
these neighboring countries to continue to provide asylum to
those who flee in search of refuge.
We believe the United States has a moral obligation to
provide a meaningful solution to the Iraqi refugee crisis.
Your bill is a vital step towards addressing this growing and
complex crisis. As always, we are grateful for
[[Page 16356]]
your leadership on this issue, and we look forward to working
with you to ensure swift passage of this important
legislation.
Sincerely,
Elisa Massimino,
Director of the Washington, DC, Office.
Mr. LEAHY. Mr. President, I am pleased to join Senators Kennedy,
Smith, Levin, Hagel, Biden, and Lieberman to introduce this important
legislation. In January of this year, the Judiciary Committee held a
hearing to examine the plight of Iraq's refugees, during which we heard
from the State Department, the United Nations High Commissioner for
Refugees, nongovernmental organizations and individuals, and Iraqi
citizens who had been targeted for assisting the United States. This
hearing brought the enormity of the Iraq refugee situation into sharp
focus and made clear that we must do more to address this crisis and
provide assistance especially to those Iraqis who have assisted the
United States with its mission. If enacted, this bill would help the
United States fulfill the promises it has made to the people of Iraq.
In February of this year, the Bush administration announced that
7,000 Iraqi refugees would be permitted to enter the United States in
2007. Over the last 8 months, however, only 70 Iraqis have been allowed
into the United States as refugees. Each year there are 20,000
unallocated slots for refugees that could be applied to Iraq, and an
additional 5,000 for the Middle East. Yet the Department of Homeland
Security has admitted approximately 700 Iraqis since the war began in
2003. We have an obligation to do better than this when an estimated 4
million Iraqis have been displaced within Iraq or have fled the country
due to our involvement there. And we have a special obligation to do
all we can for those Iraqis who have made tremendous sacrifices on
behalf of the United States and who continue to live under the threat
of torture and death.
Refugees International has called the Iraq refugee crisis the fastest
growing refugee crisis in the world. It is estimated that nearly 2
million Iraqis have been internally displaced, while another 2 million
have fled the country, with little more than they could carry. With
this bill, we show our commitment not to repeat the tragic and immoral
mistake from the Vietnam era and leave friends without refuge and
subject to violent reprisals.
The United States has an obligation to the people of Iraq, and
especially to those who have assisted the American military in its
efforts there. When an Iraqi man or woman makes the choice to help the
United States--whether as an interpreter or in some other role--and
puts his or her life on the line, the United States bears a special
responsibility to do what it can to reciprocate the loyalty that so
many Iraqis have shown us.
The bill we introduce today will create a new P2 category for
Refugees of Special Humanitarian Concern. Individuals who have assisted
the United States, or who have worked for a company, NGO, or other
entity that has received a grant or contract from the U.S. Government
would be eligible for status as a refugee of special humanitarian
concern. In order to implement this new program, the legislation would
direct the establishment of consular processing facilities in Iraq to
expedite the resettlement process for those Iraqis and their immediate
families who qualify under the bill for special relief.
The bill also sets up a special immigrant visa category for
individuals who have worked as interpreters or translators for the
United States for an aggregate of 1 year between 2003 and the present.
This new program would augment current efforts to provide protection
for those individuals who have assisted the United States by providing
interpreter or translation services.
The legislation would also direct the Secretary of State to establish
an office of Minister Counselor in the U.S. Embassy in Baghdad. This
office would be responsible for overseeing the new programs set up
under this bill, and would be the primary point of contact for eligible
individuals seeking protection. This official would also have the
authority to refer individuals directly to the United States Refugee
Resettlement Program. Additionally, parallel Minister Counselor offices
would be established in Egypt, Jordan, Syria, and Lebanon to effectuate
the P2 refugee program.
The Secretary of State would also be required to work with other
nations currently hosting Iraqi refugees in order to provide support
and to help ensure the safety and well-being of Iraqis located in
countries surrounding Iraq. The legislation would also allow Iraqis who
applied for asylum in the United States after 2003, and who were denied
based on changed country conditions due to the overthrow of Saddam
Hussein, to have those denials reviewed due to the continuing violence
and dangerous conditions in the country. This change will allow our
laws to reflect the current reality in Iraq.
This legislation will help provide some relief to the brave men and
women who have assisted the United States in Iraq, and will help renew
the commitment of the United States to the cause of protecting those
who turn to us for help. I hope all Senators can join with us in
support of the bill we introduce today.
______
By Mr. KYL:
S. 1654. A bill to prohibit the sale or provision of caller ID
spoofing services; to the Committee on the Judiciary.
Mr. KYL. Mr. President, I rise today to introduce a bill that would
prohibit the sale or provision of caller ID spoofing services. This
bill would enact a legislative proposal that was made by the Justice
Department in a letter to members of this committee. To facilitate
commentary on this bill, I ask unanimous consent that the text of the
bill and a letter from the Justice Department be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 1654
Section 1040 of title 18, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Offense.--Whoever, using any means or facility of
interstate or foreign commerce--
(1) knowingly generates, transmits, or causes to be
generated or transmitted--
(i) false caller ID information with intent wrongfully to
obtain anything of value; or
(ii) caller ID information pertaining to an actual person
or other entity without that person's or entity's consent and
with intent to deceive any person or other entity about the
identity of the caller; or
(2) knowingly offers, sells, or makes available a service
that enables users to modify, generate, or transmit false or
misleading caller ID information; or
attempts or conspires to do so, shall be punished as provided
in subsection (b).''; and
(2) by adding at the end the following:
``(f) Exceptions.--Paragraph (a)(2) does not prohibit
offering, selling, or making available any such service that
transmits, in the signaling data with each call, (1)
information sufficient to indicate to the recipient's
telephone carrier that the caller ID information is not
accurate, (2) if available, the originating telephone number
or other information identifying the origin of the call, and
(3) the identity of the provider of the service that enabled
the user to modify, generate, or transmit the chosen caller
ID information.''
____
U.S. Department of Justice,
Office of Legislative Affairs,
Washington, DC, April 25, 2007.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Department of Justice appreciates
the opportunity to provide further comment on H.R. 740, the
``Preventing Harassment Through Outbound Number Enforcement
Act'' (``PHONE Act of 2007''). The PHONE Act of 2007 was
passed by the U.S. House of Representatives on March 21, 2007
and referred to the Senate, where consideration of the bill
is currently pending before the Judiciary Committee. It is
the Department's understanding that a substitute amendment
will be offered during the Senate Judiciary Committee's
consideration of this legislation. This letter reflects DOJ's
views toward the amended version of this bill.
As the Department noted in its original comments on the
PHONE Act submitted to Chairman Conyers on February 5, 2007,
we support Congressional action to give law enforcement
better tools to protect our citizens and our country from
identity thieves, stalkers, and other criminals. In the
February 5th letter, the Department of Justice made a number
of recommendations to strengthen the bill, many of which were
adopted. Those changes have made the
[[Page 16357]]
PHONE Act a more effective tool for combating threats such as
identity theft, preying on the elderly, and the thwarting of
important, time-sensitive investigations.
Although the PHONE Act is an important step toward
addressing caller ID spoofing, the problem needs a solution
that addresses not only users of caller ID spoofing, but also
the services that make this capability to deceive widely
available to the public. Several services today offer users
the ability to manipulate information transmitted with a
telephone call in order to cause a number of the caller's
choosing to appear on the call recipient's caller ID display.
Using such a service can be as easy as calling a toll-free
number and entering calling card information.
As the Department has described in its testimony before the
House of Representatives Subcommittee on Crime, Terrorism,
and Homeland Security on the PHONE Act, the widespread
availability of caller ID spoofing services poses several
problems. First, the recipient of a spoofed call is led to
believe that he or she has received the call from someone who
did not actually place the call. Numerous such incidents have
been reported, including examples of SWAT teams being misled
into raiding innocent persons' houses based on 911 calls that
incorrectly appeared to have come from the innocent person's
home (a practice known as ``SWATting''), businesses being
tricked into revealing personal data about the person whose
number is spoofed (i.e., enabling ``pretexting''), and
harassing calls being placed using the phone number of a
political candidate in order to anger voters against that
candidate.
The PHONE Act does not currently address these caller ID
spoofing services that make it easy for anyone with a
telephone to spoof caller ID. Simply criminalizing the use of
spoofing capabilities for criminal or fraudulent purposes
would not sufficiently diminish the availability of spoofing
services. Because the use of caller ID spoofing is
particularly hard to investigate and to prosecute, to address
this problem effectively, Congress should also address the
providers who make this capability widely available.
We have included recommended edits to section 2 of the bill
in order to address caller ID spoofing services that do not
at least notify call recipients that the caller ID
information has been modified (attached hereto as Appendix
A). We also suggest that Congress consider whether this
legislation should contain an explicit exemption for entities
complying with existing Federal regulations such as the
Telemarketing Sales Rule that allow the substitution of
caller ID information for limited purposes.
The Department appreciates the Committee's leadership in
ensuring that our country's laws meet this new challenge.
Thank you for the opportunity to comment on the bill and for
your continuing support.
The Office of Management and Budget has advised that there
is no objection to the presentation of these views from the
standpoint of the Administration's program. If we may be of
additional assistance, please do not hesitate to contact this
office.
Sincerely,
Richard A. Hertling,
Acting Assistant Attorney General.
______
By Mr. KENNEDY (for himself, Mrs. Murray, and Mr. Byrd):
S. 1655. A bill to establish improved mandatory standards to protect
miners during emergencies, and for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, last year, the Nation was stunned by the
terrible tragedies at the Sago, Alma, and Darby mines. Those disasters
exposed the many failures in our laws on mine safety and mine health,
and made clear that it is essential to bring these protections into the
modern world.
Last year, Congress came together to take a vital step toward
protecting the Nation's miners with the passage of the MINER Act, which
addressed critical lapses in mine safety and accident response, but
advances in scientific research and technological development show us
that there is much more to be done. In part through the new scrutiny
that is taking place under the MINER Act, we have learned a great deal
more about what puts miners in danger and how to prevent it.
We need to begin to address these other pressing safety and health
needs. That is why today I am introducing the Miner Health and Safety
Enhancement Act of 2007.
There is much we can do in the area of mine safety emergencies to
increase miners' chances of survival, and this legislation encourages
the development of technologies to do so. It requires stronger seal
barriers to protect miners from explosions in hazardous mining areas.
It also requires mine companies to adopt more sophisticated
communications technology to stay in touch with miners underground, and
to install rescue chambers to protect miners in the event of an
explosion or fire.
The bill does more to eliminate dangerous conditions in mines before
they harm miners, by banning the unsafe practice of ventilating mines
in the same passageway as coal-dust laden conveyor belts. This
practice, unfortunately, has been approved by the Bush administration,
and it contributed to the tragic fire at Alma mine last year.
Other reforms are essential as well. Establishing a national call
center can quickly coordinate emergency information and enhance mine
rescue and recovery operations. To see that accident investigations are
objective and thorough, the legislation requires an independent
investigation to be conducted if miners or their families ask for one.
Successful prevention depends also on the willingness of miners to
tell the truth about their working conditions. Safeguards are needed to
allow them to speak out about on-the-job hazards without fearing for
their jobs. The bill establishes an independent ombudsman, so miners'
safety complaints can be heard and fully addressed, without
jeopardizing miners who blow the whistle on job hazards.
Tragically, we continue to see miners developing symptoms of black
lung disease and other deadly respiratory illnesses of the past. To
protect them, the bill requires operators to provide miners with
personal dust monitors developed and certified by the National
Institute of Occupational Safety and Health. To make underground air
safer, the bill adopts the Institute's levels for exposure to coal
dust, silica dust, and other air contaminants. It also adopts the
higher OSHA standard for asbestos. We cannot continue to allow miners
to work without the protection of these important health standards.
Mining is an essential industry, and the nation's miners deserve the
safest possible working conditions. We have a responsibility to see
that our mine safety laws make our mines the safest and healthiest in
the world. America's miners deserve no less. I urge my colleagues to
support the Mine Health and Safety Enhancement Act of 2007.
Mr. BYRD. Mr. President, I am pleased to cosponsor the Miner Health
and Safety Enhancement Act of 2007.
It is critical that the Congress continue to review the statutory
safeguards for our Nation's coal miners. I want to do everything I can
to encourage that effort.
Given reports recently about alarmingly aggressive cases of black
lung around southern West Virginia, the Congress ought to seriously
consider new standards for dust monitoring and control. I also support
the bill's language requiring the installation of atmospheric
monitoring systems in underground coal mines and requiring the Mine
Safety and Health Administration, MSHA, to randomly test emergency
breathing devices every 6 months.
I also very much support provisions in the bill that would clarify
the intentions of the MINER Act and require the Department of Labor to
issue regulations mandating the installation of refuge chambers and
restricting the use of belt-air ventilation.
These are all good initiatives and something that the Congress should
be advocating to ensure safer working conditions for miners.
Nevertheless, I do have reservations about some of the provisions in
the Miner Health and Safety Enhancement Act, which I hope can be
addressed before the Senate Health, Education, Labor, and Pensions,
HELP, Committee takes any action on this legislation.
The MINER Act that the Congress passed last year set a deadline
requiring coal operators to install wireless emergency communications
and tracking equipment by June 2009. In order to meet this deadline,
the Congress appropriated $23 million through the fiscal year 2008 for
NIOSH to expedite its research of emergency communications and
tracking.
It is important that the Congress adhere closely to that schedule. To
suddenly rewrite it, mandating the installation of technologies before
NIOSH has completed its research, could undermine the intentions of the
MINER Act and complicate the efforts of MSHA and the Congress to ensure
[[Page 16358]]
timely compliance. Let us not revisit timelines that have already been
resolved and where implementation has already begun. It is better for
the Congress to hold operators to the schedule outlined in the MINER
Act and to allow NIOSH to perform the critical research that has
already been mandated and funded.
The Congress should continue to exercise its oversight function to
ensure rapid implementation of the MINER Act and also to review non-
MINER Act priorities to ensure statutory safeguards are adequate. I
proudly join the sponsors of this bill in that endeavor.
______
By Ms. SNOWE (for herself and Mr. Kerry):
S. 1656. A bill to authorize loans for renewable energy systems and
energy efficiency projects under the Express Loan Program of the Small
Business Administration; to the Committee on Small Business and
Entrepreneurship.
Ms. SNOWE. Mr. President, as Ranking Member of the Senate Committee
Small Business and Entrepreneurship, I rise today with Senator Kerry to
introduce the Small Business Energy Efficiency Act of 2007. The energy
debate now underway in this body is a positive initial step for our
country, but it is only a first step. Frankly, America must become more
innovative and invest in infrastructure that provides a lifetime of
savings, both for its citizens and our global neighbors.
This year the Senate Committee on Small Business and
Entrepreneurship, of which I am the Ranking Member, has paid particular
attention to the effects of climate change and escalating fuel costs on
small businesses, and the role America's entrepreneurs can play in
affecting change in these areas. Chairman Kerry and I have already
devoted two hearings during the 110th Congress to these subjects.
Clearly, rising gas prices and global warming are having a devastating
affect on the health of small business in this country.
As we all know, small business is the backbone of our Nation's
economy. As the leading Republican on the Small Business Committee and
as a longstanding steward of the environment, I firmly believe that
small business has a pivotal role to play in finding a solution to
global climate change. According to a recent survey conducted by the
National Small Business Association, 75 percent of small businesses
believe that energy efficiency can make a significant contribution to
reducing greenhouse gas emissions. And yet, only 33 percent of those
had successfully invested in energy efficiency programs for their
businesses.
We need to significantly improve energy efficiency investment by
small businesses. To that end, our measure will ensure that the SBA
completes its requirements under the Energy Policy Act of 2005. Within
90 days of enactment, the SBA, through a final rulemaking, would be
required to complete all of its requirements under the Energy Policy
Act, including setting up a Energy Clearinghouse that builds on the
Environmental Protection Agency's Energy Star program.
Our bill would also create the position of Assistant Administrator
for Small Business Energy Policy within the SBA. The duties of this
position include: 1. the oversight and administration the Small
Business Energy Clearinghouse Program; and 2. the promotion of energy
efficiency efforts and the reduction of energy costs for small
businesses.
It would also create a Small Business Energy Efficiency Pilot Grant
Program. This pilot, competitive grant program would be administered
through the national network of Small Business Development Centers,
SBDCs, which would provide ``energy audits'' to small businesses to
enhance their energy efficiency practices, as well as providing access
to information and resources on energy efficiency practices. These
practices would include ``on-bill financing'' options.
Our bill would also encourage innovation in energy efficiency.
Federal agencies shall give priority to Small Business Innovation
Research, SBIR, and Small Business Technology Transfer, STTR, program
solicitations by small businesses that participate in or conduct energy
efficiency or renewable energy system research and development. The SBA
will issue guidelines to assist Federal agencies and departments in
determining whether priority has been given.
Finally, our bill would make the SBA's Express Loan Program available
to small businesses who wish to purchase renewable energy systems or
make energy efficiency improvements to their existing businesses. I
firmly believe that the SBA Express Loan will be an attractive option
to small business owners looking to make their businesses more energy
efficient and environmentally sound because of the program's quick
turnaround time and the ability of participating lenders to use their
own forms and procedures for approval. Furthermore, lenders and
borrowers can negotiate the interest rate, which can result in more
favorable terms for a small business owner. The Express Program is the
most widely used of SBA's loan products, representing 69 percent of all
loans made. In fact, the SBA Express lender network is made up of
almost 2,000 financial institutions nationwide.
Many small businesses are already leading the charge in combating
global warming. For instance, in my home state of Maine, Oakhurst
Dairy, an 86-year-old business, recently announced that it has
converted its fleet of over 100 trucks and trailers to a bio-diesel
fuel blend. Oakhurst's President Stanley Bennett sent me a letter
stating: ``We firmly believe that doing the right thing environmentally
is almost always the right thing to do for your business.'' It is my
hope that our bill will spur more small firms to make the same
investment in the environment and their businesses.
As we engage in this debate, we must remain mindful that potential
solutions must fully consider the economic realities facing small
businesses. According to the SBA Office of Advocacy, compliance with
environmental regulations costs 364 percent more in small businesses
than in larger businesses. So, in developing solutions Senator Kerry
and I have worked to ensure that small businesses possess a range of
cost-effective alternatives and have avoided a one-sized-fits-all
approach.
In conclusion, this bipartisan measure will enable small businesses
to play a leading role in combating global climate change. Assisting
small firms in this regard will not only help the environment, but will
also significantly lower the energy costs for cash-strapped small
businesses.
______
By Mr. KERRY (for himself and Ms. Snowe):
S. 1657. A bill to establish a small business energy efficiency
program, and for other purposes; to the Committee on Small Business and
Entrepreneurship.
Mr. KERRY. Mr. President, in March of this year, I convened a hearing
in the Committee on Small Business and Entrepreneurship to look at what
small businesses can do to confront global warming. In February, the
Intergovernmental Panel on Climate Change put forward a report that has
been referred to as ``the smoking gun'' on global warming, written by
more than 600 scientists, reviewed by another 600 experts, and edited
by officials from 154 governments, the report provides indisputable
evidence that the ice caps are melting, the sea level is rising, and
the earth's surface is heating up at an alarming and potentially
catastrophic rate.
Senator Snowe and I have worked together on a number of initiatives
to combat global warming, including introducing the Global Warming
Reduction Act of 2007, an effort to reduce greenhouse gas emissions by
65 percent by the year 2050. Today, we continue this partnership as
chairman and ranking member of the Committee on Small Business and
Entrepreneurship by introducing the Small Business Energy Efficiency
Act of 2007.
There are nearly 26 million small businesses in this country, nearly
26 million business owners that are focused on keeping their doors open
and putting food on the table for their families. And while climate
change and national energy security sometimes seem
[[Page 16359]]
like distant threats compared to rising health care costs and staying
competitive in an increasingly global economy, small business owners
are telling us that energy costs are indeed a concern. The National
Small Business Association recently conducted a poll of its members,
asking how energy prices affected their business decisions. Seventy-
five percent said that energy prices had at least a moderate effect on
their businesses, with roughly the same number saying that reducing
energy costs would increase their profitability. Despite these numbers,
only 33 percent have invested in energy efficient programs.
The Environmental Protection Agency estimates that small businesses
consume roughly 30 percent of the commercial energy consumed in this
country, that is roughly 2 trillion kBtu of energy per year, and it is
costing small business concerns approximately $29 million a year.
Through efforts to increase energy efficiency, small businesses can
contribute to America's energy security, help to combat global warming,
and add to their bottom line all at the same time.
The Small Business Energy Efficiency Act of 2007 seeks to assist
small business owners in doing all of these things. First, the bill
requires the Small Business Administration, SBA, to implement an energy
efficiency program that was mandated in the 2005 Energy Policy Act. To
date, the SBA has dragged its feet in implementing a program that could
help small business owners to become more energy efficient.
Administrator Preston should implement this important program today,
and this bill directs him to do so.
Second, the bill establishes a program to increase energy efficiency
through energy audits at Small Business Development Centers, SBDCs. The
Pennsylvania SBDC currently operates a similar program, and has
successfully assisted hundreds of businesses to become more energy
efficient. As a result of the program, six of the eight winners of the
2006 ENERGY STAR Small Business Awards given by the EPA went to
Pennsylvania businesses. This program should be replicated so that
small businesses across the country have the same opportunity to cut
energy costs through the efficiency measures.
In addition, this bill authorizes the Administrator to guarantee on-
bill financing agreements between businesses and utility companies, to
cover a utility company's risk in entering into such an agreement. The
federal government should encourage utility companies to pursue these
agreements with businesses, where an electric utility will cover the
up-front costs of implementing energy efficiency measures, and a
business will repay these costs through the savings realized in their
energy bill.
This bill also encourages telecommuting through a pilot program at
SBA. The Administrator is authorized to establish a program that
produces educational materials and performs outreach to small
businesses on the benefits of telecommuting.
Finally, the bill encourages increased innovation by providing a
priority status within the SBIR and STTR programs that ensures high
priority be given to small business concerns participating in energy
efficiency or renewable energy system research and development
projects.
As a Nation, we have much to do to secure our future energy supply
and to solve the international crisis that is global warming. This bill
represents one step in that process--to engage our small business
owners in this effort, and to assist them in becoming more aware of
what is possible. I urge my colleagues to support this bill, and I
thank Senator Snowe for her work in this area.
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. 1657
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 ``Small
Business Energy Efficiency Act of 2007''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Implementation of small business energy efficiency program.
Sec. 5. Small business energy efficiency.
Sec. 6. Small business telecommuting.
Sec. 7. Encouraging innovation in energy efficiency.
Sec. 8. Express loans for renewable energy and energy efficiency.
SEC. 2. FINDINGS.
Congress finds that:
(1) Small business concerns represent roughly 50 percent of
the economy of the United States, employing 50 percent of all
private sector employees, and producing more than 50 percent
of nonfarm private gross domestic product.
(2) The Environmental Protection Agency estimates that,
based on data from the 2003 Commercial Buildings Energy
Consumption Survey of the Department of Energy, small
business concerns consume roughly 2,000,000,000,000 kBtu of
energy per year, costing small business concerns
approximately $29,000,000,000.
(3) The Environmental Protection Agency estimate does not
include additional energy that is used by small business
concerns located outside of commercial buildings, such as
home-based small business concerns. Additional, peer-reviewed
research studies must be conducted to assess the amount of
energy consumed by small business concerns.
(4) A recent survey conducted by the National Small
Business Association revealed that 75 percent of small
business concerns believe that energy efficiency can make a
significant contribution to reducing greenhouse gas
emissions. And yet, only 33 percent of those small business
concerns had successfully invested in energy efficiency
programs for their businesses.
(5) Small business concerns have demonstrated that they are
capable of achieving realistic energy consumption reductions
of 30 percent as a result of implementing the recommendations
of targeted energy audits. These reductions have been
demonstrated by clients of the Pennsylvania Small Business
Development Centers and are supported by the national
experience of the ENERGY STAR Small Business program of the
Environmental Protection Agency.
(6) Small business concerns are a source for the
technological innovations at the heart of the effort to find
a solution to the challenge of climate change and to
establish energy independence for the United States.
(7) On-bill financing arrangements, involving small
business concerns, utilities, banks, and certified energy
efficiency professionals, have demonstrated success in
reducing energy usage by small business concerns across the
country, and greater use of on-bill financing agreements
should be encouraged.
(8) Telecommuting represents an established method for
reducing fuel consumption, and information regarding the
benefits of telecommuting should be made available to owners
of small business concerns.
SEC. 3. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``association'' means the association of small
business development centers established under section
21(a)(3)(A) of the Small Business Act (15 U.S.C.
648(a)(3)(A));
(3) the term ``disability'' has the meaning given that term
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102);
(4) the term ``electric utility'' has the meaning given
that term in section 3 of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2602);
(5) the term ``on-bill financing'' means a low interest or
no interest financing agreement between a small business
concern and an electric utility for the purchase or
installation of equipment, under which the regularly
scheduled payment of that small business concern to that
electric utility is not reduced by the amount of the
reduction in cost attributable to the new equipment and that
amount is credited to the electric utility, until the cost of
the purchase or installation is repaid;
(6) the term ``small business concern'' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 636);
(7) the term ``small business development center'' means a
small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648);
(8) the term ``telecommuting'' means the use of
telecommunications to perform work functions under
circumstances which reduce or eliminate the need to commute;
and
(9) the term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
SEC. 4. IMPLEMENTATION OF SMALL BUSINESS ENERGY EFFICIENCY
PROGRAM.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the
[[Page 16360]]
Administrator shall promulgate final rules establishing the
Government-wide program authorized under subsection (d) of
section 337 of the Energy Policy and Conservation Act (42
U.S.C. 6307) that ensure compliance with that subsection by
not later than 6 months after such date of enactment.
(b) Plan.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall publish a
detailed plan regarding how the Administrator will--
(1) assist small business concerns in becoming more energy
efficient; and
(2) build on the Energy Star for Small Business Program of
the Department of Energy and the Environmental Protection
Agency.
(c) Assistant Administrator for Small Business Energy
Policy.--
(1) In general.--There is in the Administration an
Assistant Administrator for Small Business Energy Policy, who
shall be appointed by, and report to, the Administrator.
(2) Duties.--The Assistant Administrator for Small Business
Energy Policy shall--
(A) oversee and administer the requirements under this
section and section 337(d) of the Energy Policy and
Conservation Act (42 U.S.C. 6307(d)); and
(B) promote energy efficiency efforts for small business
concerns and reduce energy costs of small business concerns.
(d) Reports.--The Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives an annual report on the progress of the
Administrator in encouraging small business concerns to
become more energy efficient, including data on the rate of
use of the Small Business Energy Clearinghouse established
under section 337(d)(4) of the Energy Policy and Conservation
Act (42 U.S.C. 6307(d)(4)).
SEC. 5. SMALL BUSINESS ENERGY EFFICIENCY.
(a) Authority.--The Administrator shall establish a Small
Business Energy Efficiency Pilot Program (in this section
referred to as the ``Efficiency Pilot Program'') to provide
energy efficiency assistance to small business concerns
through small business development centers.
(b) Small Business Development Centers.--
(1) In general.--In carrying out the Efficiency Pilot
Program, the Administrator shall enter into agreements with
small business development centers under which such centers
shall--
(A) provide access to information and resources on energy
efficiency practices, including on-bill financing options;
(B) conduct training and educational activities;
(C) offer confidential, free, one-on-one, in-depth energy
audits to the owners and operators of small business concerns
regarding energy efficiency practices;
(D) give referrals to certified professionals and other
providers of energy efficiency assistance who meet such
standards for educational, technical, and professional
competency as the Administrator shall establish; and
(E) act as a facilitator between small business concerns,
electric utilities, lenders, and the Administration to
facilitate on-bill financing arrangements.
(2) Reports.--Each small business development center
participating in the Efficiency Pilot Program shall submit to
the Administrator and the Administrator of the Environmental
Protection Agency an annual report that includes--
(A) a summary of the energy efficiency assistance provided
by that center under the Efficiency Pilot Program;
(B) the number of small business concerns assisted by that
center under the Efficiency Pilot Program;
(C) statistics on the total amount of energy saved as a
result of assistance provided by that center under the
Efficiency Pilot Program; and
(D) any additional information determined necessary by the
Administrator, in consultation with the association.
(3) Reports to congress.--Not later than 60 days after the
date on which all reports under paragraph (2) relating to a
year are submitted, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report summarizing the information
regarding the Efficiency Pilot Program submitted by small
business development centers participating in that program.
(c) Eligibility.--A small business development center shall
be eligible to participate in the Efficiency Pilot Program
only if that center is certified under section 21(k)(2) of
the Small Business Act (15 U.S.C. 648(k)(2)).
(d) Selection of Participating State Programs.--
(1) Groupings.--
(A) Selection of programs.--The Administrator shall select
the small business development center programs of 2 States
from each of the groupings of States described in
subparagraphs (B) through (K) to participate in the pilot
program established under this section.
(B) Group 1.--Group 1 shall consist of Maine,
Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode
Island.
(C) Group 2.--Group 2 shall consist of New York, New
Jersey, Puerto Rico, and the Virgin Islands.
(D) Group 3.--Group 3 shall consist of Pennsylvania,
Maryland, West Virginia, Virginia, the District of Columbia,
and Delaware.
(E) Group 4.--Group 4 shall consist of Georgia, Alabama,
North Carolina, South Carolina, Mississippi, Florida,
Kentucky, and Tennessee.
(F) Group 5.--Group 5 shall consist of Illinois, Ohio,
Michigan, Indiana, Wisconsin, and Minnesota.
(G) Group 6.--Group 6 shall consist of Texas, New Mexico,
Arkansas, Oklahoma, and Louisiana.
(H) Group 7.--Group 7 shall consist of Missouri, Iowa,
Nebraska, and Kansas.
(I) Group 8.--Group 8 shall consist of Colorado, Wyoming,
North Dakota, South Dakota, Montana, and Utah.
(J) Group 9.--Group 9 shall consist of California, Guam,
American Samoa, Hawaii, Nevada, and Arizona.
(K) Group 10.--Group 10 shall consist of Washington,
Alaska, Idaho, and Oregon.
(e) Matching Requirement.--Subparagraphs (A) and (B) of
section 21(a)(4) of the Small Business Act (15 U.S.C.
648(a)(4)) shall apply to assistance made available under the
Efficiency Pilot Program.
(f) Grant Amounts.--Each small business development center
selected to participate in the Efficiency Pilot Program under
subsection (d) shall be eligible to receive a grant in an
amount equal to--
(1) not less than $100,000 in each fiscal year; and
(2) not more than $300,000 in each fiscal year.
(g) Evaluation and Report.--The Comptroller General of the
United States shall--
(1) not later than 30 months after the date of disbursement
of the first grant under the Efficiency Pilot Program,
initiate an evaluation of that pilot program; and
(2) not later than 6 months after the date of the
initiation of the evaluation under paragraph (1), submit to
the Administrator, the Committee on Small Business and
Entrepreneurship of the Senate, and the Committee on Small
Business of the House of Representatives, a report
containing--
(A) the results of the evaluation; and
(B) any recommendations regarding whether the Efficiency
Pilot Program, with or without modification, should be
extended to include the participation of all small business
development centers.
(h) Guarantee.--The Administrator may guarantee the timely
payment of a loan made to a small business concern through an
on-bill financing agreement on such terms and conditions as
the Administrator shall establish through a formal rule
making, after providing notice and an opportunity for
comment.
(i) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $5,000,000 for the first fiscal year beginning after
the date of enactment of this Act; and
(B) $5,000,000 for each of the 3 fiscal years following the
fiscal year described in subparagraph (A).
(2) Limitation on use of other funds.--The Administrator
may carry out the Efficiency Pilot Program only with amounts
appropriated in advance specifically to carry out this
section.
(j) Termination.--The authority under this section shall
terminate 4 years after the date of disbursement of the first
grant under the Efficiency Pilot Program.
SEC. 6. SMALL BUSINESS TELECOMMUTING.
(a) Pilot Program.--
(1) In general.--In accordance with this section, the
Administrator shall conduct, in not more than 5 of the
regions of the Administration, a pilot program to provide
information regarding telecommuting to employers that are
small business concerns and to encourage such employers to
offer telecommuting options to employees (in this section
referred to as the ``Telecommuting Pilot Program'').
(2) Special outreach to individuals with disabilities.--In
carrying out the Telecommuting Pilot Program, the
Administrator shall make a concerted effort to provide
information to--
(A) small business concerns owned by or employing
individuals with disabilities, particularly veterans who are
individuals with disabilities;
(B) Federal, State, and local agencies having knowledge and
expertise in assisting individuals with disabilities,
including veterans who are individuals with disabilities; and
(C) any group or organization, the primary purpose of which
is to aid individuals with disabilities or veterans who are
individuals with disabilities.
(3) Permissible activities.--In carrying out the
Telecommuting Pilot Program, the Administrator may--
(A) produce educational materials and conduct presentations
designed to raise awareness in the small business community
of the benefits and the ease of telecommuting;
(B) conduct outreach--
(i) to small business concerns that are considering
offering telecommuting options; and
[[Page 16361]]
(ii) as provided in paragraph (2); and
(C) acquire telecommuting technologies and equipment to be
used for demonstration purposes.
(4) Selection of regions.--In determining which regions
will participate in the Telecommuting Pilot Program, the
Administrator shall give priority consideration to regions in
which Federal agencies and private-sector employers have
demonstrated a strong regional commitment to telecommuting.
(b) Report to Congress.--Not later than 2 years after the
date on which funds are first appropriated to carry out this
section, the Administrator shall transmit to the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
report containing the results of an evaluation of the
Telecommuting Pilot Program and any recommendations regarding
whether the pilot program, with or without modification,
should be extended to include the participation of all
regions of the Administration.
(c) Termination.--The Telecommuting Pilot Program shall
terminate 4 years after the date on which funds are first
appropriated to carry out this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Administration $5,000,000 to carry
out this section.
SEC. 7. ENCOURAGING INNOVATION IN ENERGY EFFICIENCY.
Section 9 of the Small Business Act (15 U.S.C. 638) is
amended by adding at the end the following:
``(z) Encouraging Innovation in Energy Efficiency.--
``(1) Federal agency energy-related priority.--In carrying
out its duties under this section to SBIR and STTR
solicitations by Federal agencies, the Administrator shall--
``(A) ensure that such agencies give high priority to small
business concerns that participate in or conduct energy
efficiency or renewable energy system research and
development projects; and
``(B) include in the annual report to Congress under
subsection (b)(7) a determination of whether the priority
described in subparagraph (A) is being carried out.
``(2) Consultation required.--The Administrator shall
consult with the heads of other Federal agencies and
departments in determining whether priority has been given to
small business concerns that participate in or conduct energy
efficiency or renewable energy system research and
development projects, as required by this section.
``(3) Guidelines.--The Administrator shall, as soon as is
practicable after the date of enactment of this subsection,
issue guidelines and directives to assist Federal agencies in
meeting the requirements of this section.
``(4) Definitions.--In this subsection--
``(A) the term `biomass'--
``(i) means any organic material that is available on a
renewable or recurring basis, including--
``(I) agricultural crops;
``(II) trees grown for energy production;
``(III) wood waste and wood residues;
``(IV) plants (including aquatic plants and grasses);
``(V) residues;
``(VI) fibers;
``(VII) animal wastes and other waste materials; and
``(VIII) fats, oils, and greases (including recycled fats,
oils, and greases); and
``(ii) does not include--
``(I) paper that is commonly recycled; or
``(II) unsegregated solid waste;
``(B) the term `energy efficiency project' means the
installation or upgrading of equipment that results in a
significant reduction in energy usage; and
``(C) the term `renewable energy system' means a system of
energy derived from--
``(i) a wind, solar, biomass (including biodiesel), or
geothermal source; or
``(ii) hydrogen derived from biomass or water using an
energy source described in clause (i).''.
SEC. 8. EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY
EFFICIENCY.
Section 7(a)(31) of the Small Business Act (15 U.S.C.
636(a)(31)) is amended by adding at the end the following:
``(F) Express loans for renewable energy and energy
efficiency.--
``(i) Definitions.--In this subparagraph, the terms `energy
efficiency project' and `renewable energy system' have the
meanings given those terms in section 9(z).
``(ii) Loans.--Loans may be made under the `Express Loan
Program' for the purpose of--
``(I) purchasing a renewable energy system; or
``(II) an energy efficiency project for an existing
business.''.
______
By Mr. GREGG:
S. 1658. A bill to amend the Servicemembers Civil Relief Act to
provide protection for child custody arrangements for parents who are
members of the Armed Forces deployed in support of a contingency
operation; to the Committee on Veterans' Affairs.
Mr. GREGG. Mr. President, I rise today to speak about several of the
personal problems currently being experienced by some military families
due to the deployment of one or both parents and to introduce three
pieces of legislation, the language of which is included in the
recently passed House of Representatives Defense authorization bill,
which are designed to help alleviate those problems.
But first, I would like to express my sincere thanks to the fathers
and mothers, husbands and wives, sisters and brothers, and the sons and
daughters of our Nation, who in these very tumultuous and dangerous
times have volunteered to join our Armed Forces and serve our country
around the world. In December 1776, another of the tumultuous times for
our Nation, Thomas Paine wrote ``These are the times that try men's
souls: The summer soldier and the sunshine patriot will, in this
crisis, shrink from the service of his country; but he that stands it
now, deserves the love and thanks of man and woman.'' Our modern day
Patriots, who are now serving in the Army, Navy, Marine Corps, Air
Force and Coast Guard, also heard and answered our country's call and
they surely deserve the love and thanks of our Nation.
In some cases, while a military parent is deployed overseas, courts
have overturned custody arrangements of their child or children; this
while the deployed military custodial parent was unable to appear
before the court. The first piece of legislation, S. 1658, would
provide protection of child custody arrangements for Armed Forces
parents who are deployed in contingency operations. The legislation
states that if a motion for change of custody of a child of a
servicemember is filed while the servicemember is deployed in support
of a contingency operation, no court may enter an order modifying or
amending any previous judgment or order, or issue a new order that
changes the child custody arrangement that existed as of the deployment
date. An exception is allowed whereby the court may enter a temporary
custody order if there is clear and convincing evidence that it is in
the best interest of the child. Additionally, if a motion for the
change of custody of the child of a servicemember who was deployed in
support of a contingency operation is filed after the end of the
deployment, no court may consider the absence of the servicemember by
reason of that deployment in determining the best interest of the
child.
The second piece of legislation, S. 1659, is intended to preclude
some of the tension and anxiety that a child may suffer from the
simultaneous deployment of both parents, as well as the grief that
would result if both those parents were to lose their lives while
simultaneously deployed. This bill would provide a limitation on
simultaneous deployment to combat zones of dual-military couples who
have minor dependents. It states that in the case of a member of the
Armed Forces with minor dependents who has a spouse who is also a
member of the Armed Forces, and the spouse is deployed in an area for
which imminent danger pay is authorized, the member may request a
deferment of a deployment to such an area until the spouse returns from
such deployment.
And the third piece of legislation, S. 1660, would initiate studies
that could hopefully lead to improved support services for families of
members of the National Guard and Reserve who are undergoing
deployment. This legislation would direct the Secretary of Defense to
conduct a study of possible methods to enhance support services for
children of members of the National Guard and Reserve who are deployed.
Additionally, the legislation would require the Pentagon to carry out a
study on establishment of a program on family-to-family support for
families of deployed members of the National Guard and Reserve.
Mr. President, I ask that my fellow Senators consider these bills.
______
By Mr. DORGAN (for himself, Mr. Stevens, and Mr. Inouye):
S. 1661. A bill to communicate United States travel policies and
improve marketing and other activities designed to increase travel in
the United
[[Page 16362]]
States from abroad; to the Committee on Commerce, Science, and
Transportation.
Mr. DORGAN. Mr. President, today I am introducing, along with
Senators Stevens and Inouye, the Travel Promotion Act of 2007. We seek
with this bill to increase travel to the United States and rebuild the
country's place in the global travel market. After 9/11, the number of
overseas travelers to the United States decreased dramatically and has
still not recovered. Travel and tourism are a crucial part of our
export industry, but other countries have gained market share to our
detriment. Foreign travelers are going elsewhere.
The absence of federal leadership in travel promotion has resulted in
States having to step in to fill that void. An example is the effort
made by my home State of North Dakota, where tourism is the State's
second largest industry, with visitors spending $3.36 billion in 2004.
The investment that North Dakota made to encourage travel and tourism
has reaped enormous benefits, with the State getting a return of
investment of almost $82 for each dollar spent on travel promotion.
While States have made inroads to attracting travelers, the lack of a
coordinated federal campaign creates a comparative disadvantage with
countries that have centralized ministries or offices to encourage
international travel to their countries. The example of North Dakota
should be a lesson for the entire country. The United States offers
unique and diverse destinations for travelers--a small investment in
national coordination has the potential to create a significant
windfall for our economy.
The Travel Promotion Act of 2007 will promote travel to the U.S.,
including areas not traditionally visited, highlighting the United
States as a premier travel destination. The bill will improve
communication of United States travel policies and perceptions of the
process. Negative perceptions can often deter foreigners from traveling
to the United States. Our communities will benefit from growth of this
multi-billion dollar industry. With an increase in visitors they will
experience an increase in jobs and expansion of local economies.
The bill initiates a nationally coordinated travel promotion campaign
established in a public-private partnership to increase international
travel to the United States. It creates a Corporation for Travel
Promotion, an independent, nonprofit corporation, to run the travel
promotion campaign. The program will be funded equally by a small fee
paid by foreign travelers visiting the U.S. and matching contributions
from the travel industry.
This is a great country, and we should welcome visitors to our shores
to meet our people and experience our culture. I thank the Chair and
Vice-Chair of the Committee on Commerce, Science, and Transportation
for joining with me to develop this campaign and promote travel to our
Nation.
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. 1661
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) This Act may be cited as the ``Travel Promotion Act of
2007.''.
(b) Table of Contents--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. The Corporation for Travel Promotion.
Sec. 3. Accountability measures.
Sec. 4. Matching public and private funding.
Sec. 5. Travel promotion program funding.
Sec. 6. Assessment authority.
Sec. 7. Under Secretary of Commerce for Travel Promotion.
Sec. 8. Research program.
Sec. 9. Definitions.
SEC. 2. THE CORPORATION FOR TRAVEL PROMOTION.
(a) Establishment.--The Corporation for Travel Promotion is
established as a nonprofit corporation. The Corporation shall
not be an agency or establishment of the United States
Government. The Corporation shall be subject to the
provisions of the District of Columbia Nonprofit Corporation
Act (D.C. Code, section 29-1001 et seq.), to the extent that
such provisions are consistent with this section, and shall
have the powers conferred upon a nonprofit corporation by
that Act to carry out its purposes and activities.
(b) Board of Directors.--
(1) In general.--The Corporation shall have a board of
directors of 14 members, appointed by the Secretary of
Commerce, who are United States citizens with professional
expertise and experience in the fields of travel,
international travel promotion, and marketing and broadly
represent various regions of the Nation, of whom--
(A) 1 shall represent hotel accommodations providers;
(B) 2 shall represent restaurant and retail businesses;
(C) 2 shall represent attractions and recreation
businesses;
(D) 1 shall represent the passenger air transportation
business;
(E) 1 shall represent the car rental business;
(F) 3 shall represent State and local offices from
disparate regions of the country;
(G) 1 shall be a Federal employee (as defined in section
2105 of title 5, United States Code);
(H) 1 shall represent the higher education community; and
(I) 2 shall represent the small business community.
(2) Incorporation.--The members of the initial board of
directors shall serve as incorporators and shall take
whatever actions are necessary to establish the Corporation
under the District of Columbia Nonprofit Corporation Act
(D.C. Code, section 29-1001 et seq.).
(3) Term of office.--The term of office of each member of
the board appointed by the Secretary shall be 3 years, except
that, of the members first appointed--
(A) 3 shall be appointed for terms of 1 year;
(B) 4 shall be appointed for terms of 2 years; and
(C) 4 shall be appointed for terms of 3 years.
(4) Vacancies.--Any vacancy in the board shall not affect
its power, but shall be filled in the manner required by this
section. Any member whose term has expired may serve until
the member's successor has taken office, or until the end of
the calendar year in which the member's term has expired,
whichever is earlier. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which that
member's predecessor was appointed shall be appointed for the
remainder of the predecessor's term. No member of the board
shall be eligible to serve more than 2 consecutive full
terms.
(5) Election of chairman and vice chairman.--Members of the
board shall annually elect one of their members to be
Chairman and elect 1 or more of their members as a Vice
Chairman or Vice Chairmen.
(6) Status as federal employees.--Notwithstanding any
provision of law to the contrary, no member of the board may
be considered to be a Federal employee of the United States
by virtue of his or her service as a member of the board.
(7) Compensation; expenses.--No member shall receive any
compensation from the Federal government for serving on the
Council. Each member of the Council shall be paid actual
travel expenses and per diem in lieu of subsistence expenses
when away from his or her usual place of residence, in
accordance with section 5703 of title 5, United States Code.
(c) Officers and Employees.--
(1) In general.--The Corporation shall have a President,
and such other officers as may be named and appointed by the
board for terms and at rates of compensation fixed by the
board. No individual other than a citizen of the United
States may be an officer of the Corporation. The corporation
may hire and fix the compensation of such employees as may be
necessary to carry out its purposes. No officer or employee
of the Corporation may receive any salary or other
compensation (except for compensation for services on boards
of directors of other organizations that do not receive funds
from the Corporation, on committees of such boards, and in
similar activities for such organizations) from any sources
other than the Corporation for services rendered during the
period of his or her employment by the Corporation. Service
by any officer on boards of directors of other organizations,
on committees of such boards, and in similar activities for
such organizations shall be subject to annual advance
approval by the board and subject to the provisions of the
Corporation's Statement of Ethical Conduct. All officers and
employees shall serve at the pleasure of the board.
(2) Nonpolitical nature of appointment.--No political test
or qualification shall be used in selecting, appointing,
promoting, or taking other personnel actions with respect to
officers, agents, or employees of the Corporation.
(d) Nonprofit and Nonpolitical Nature of Corporation.--
(1) Stock.--The Corporation shall have no power to issue
any shares of stock, or to declare or pay any dividends.
(2) Profit.--No part of the income or assets of the
Corporation shall inure to the benefit of any director,
officer, employee, or any other individual except as salary
or reasonable compensation for services.
[[Page 16363]]
(3) Politics.--The Corporation may not contribute to or
otherwise support any political party or candidate for
elective public office.
(e) Duties and Powers.--
(1) In general.--The Corporation shall develop and execute
a plan--
(A) to provide useful information to foreign tourists and
others interested in travelling to the United States,
including the distribution of material provided by the
Federal government concerning entry requirements, required
documentation, fees, and processes, to prospective travelers,
travel agents, tour operators, meeting planners, foreign
governments, travel media and other international
stakeholders;
(B) to counter and correct misperceptions regarding United
States travel policy around the world;
(C) to maximize the economic and diplomatic benefits of
travel to the United States by promoting the United States of
America to world travelers through the use of, but not
limited to, all forms of advertising, outreach to trade
shows, and other appropriate promotional activities;
(D) to ensure that international travel benefits all States
and the District of Columbia, including areas not
traditionally visited by international travelers.; and
(E) to give priority to the Corporation's efforts in terms
of countries and populations most likely to travel to the
United States.
(2) Specific powers.--In order to carry out the purposes of
this section, the Corporation may--
(A) obtain grants from and make contracts with individuals
and private companies, State, and Federal agencies,
organizations, and institutions;
(B) hire or accept the voluntary services of consultants,
experts, advisory boards, and panels to aid the Corporation
in carrying out its purposes; and
(C) take such other actions as may be necessary to
accomplish the purposes set forth in this section.
(f) Open Meetings.--Meetings of the board of directors of
the Corporation, including any committee of the board, shall
be open to the public. The board may, by majority vote, close
any such meeting only for the time necessary to preserve the
confidentiality of commercial or financial information that
is privileged or confidential, to discuss personnel matters,
or to discuss legal matters affecting the Corporation,
including pending or potential litigation.
(g) Major campaigns.--The board may not authorize the
Corporation to obligate or expend more than $25,000,000 on
any advertising campaign, promotion, or related effort
unless--
(1) the obligation or expenditure is approved by an
affirmative vote of at least \2/3\ of the members of the
board present at the meeting;
(2) at least 8 members of the board are present at the
meeting at which it is approved; and
(3) each member of the board has been given at least 3 days
advance notice of the meeting at which the vote is to be
taken and the matters to be voted upon at that meeting.
(h) Fiscal Accountability.
(1) Fiscal year.--The Corporation shall establish as its
fiscal year the 12-month period beginning on October 1.
(2) Budget.--The Corporation shall adopt a budget for each
fiscal year.
(3) Annual audits.--The Corporation shall engage an
independent accounting firm to conduct an annual financial
audit of the Corporation's operations and shall publish the
results of the audit. The Comptroller General shall have full
and complete access to the books and records of the
Corporation.
SEC. 3. ACCOUNTABILITY MEASURES.
(a) Objectives.--The Board shall establish annual
objectives for the Corporation for each fiscal year subject
to approval by the Secretary. The Corporation shall establish
a marketing plan for each fiscal year not less than 60 days
before the beginning of that year and provide a copy of the
plan, and any revisions thereof, to the Secretary.
(b) Budget.--The board shall transmit a copy of the
Corporation's budget for the forthcoming fiscal year to the
Secretary no later than August 16 immediately preceding that
fiscal year, together with an explanation of any expenditure
provided for by the budget in excess of $5,000,000 for the
fiscal year. The Corporation shall make a copy of the budget
and the explanation available to the public and shall provide
public access to the budget and explanation on the
Corporation's website.
(c) Annual Report to Congress.--The Corporation shall
submit an annual report for the preceding fiscal year to the
Secretary of Commerce for transmittal to the Congress on or
before the 15th day of May of each year. The report shall
include--
(1) a comprehensive and detailed report of the
Corporation's operations, activities, financial condition,
and accomplishments under this Act;
(2) a comprehensive and detailed inventory of amounts
obligated or expended by the Corporation during the preceding
fiscal year;
(3) an objective and quantifiable measurement of its
progress, on an objective-by-objective basis, in meeting the
objectives established by the board;
(4) an explanation of the reason for any failure to achieve
an objective established by the board; and
(5) such recommendations as the Corporation deems
appropriate.
SEC. 4. MATCHING PUBLIC AND PRIVATE FUNDING.
(a) Establishment of Travel Promotion Fund.--There is
hereby established in the Treasury a fund which shall be
known as the Travel Promotion Fund.
(b) Funding.--
(1) First year.--For fiscal year 2008, the Corporation may
borrow from the Treasury beginning on October 1, 2007, such
sums as may be necessary, but not to exceed $10,000,000, to
cover its initial expenses and activities under this Act.
Before October 1, 2012, the Corporation shall reimburse the
Treasury, without interest, for any such amounts borrowed
from the Treasury, using funds deposited in the Fund from
non-Federal sources. Amounts reimbursed to the Treasury shall
be treated as matching funds from non-Federal sources for
purposes of subsection (c) in the fiscal year in which such
reimbursements are made.
(2) Subsequent years.--For each of fiscal years 2009
through 2012, from amounts deposited in the general fund of
the Treasury during the preceding fiscal year from fees under
section 5 of this Act, the Secretary of the Treasury shall
transfer not more than $100,000,000 to the Fund, which shall
be made available to the Corporation, subject to subsection
(c) of this section, to carry out its functions under this
Act. Transfers shall be made at least quarterly on the basis
of estimates by the Secretary, and proper adjustments shall
be made in amounts subsequently transferred to the extent
prior estimates were in excess or less than the amounts
required to be transferred.
(c) Matching Requirement.--
(1) In general.--No amounts may be made available to the
Corporation under this section after fiscal year 2008, except
to the extent that--
(A) for fiscal year 2009, the Corporation provides matching
funds from non-Federal sources equal in the aggregate to 50
percent or more of the amount transferred to the Fund under
subsection (b); and
(B) for any fiscal year after fiscal year 2009, the
Corporation provides matching funds from non-Federal sources
equal in the aggregate to 100 percent of the amount
transferred to the Fund under subsection (b) for the fiscal
year.
(2) Goods and services.--For the purpose of determining the
amount of matching funds, other than money, available to the
Corporation--
(A) the fair market value of goods and services (including
advertising) contributed to the Corporation for use under
this Act may be included in the determination; but
(B) the fair market value of such goods and services may
not account for more than 80 percent of the matching
requirement for the Corporation in any fiscal year.
(3) Right of refusal.--The Corporation may decline to
accept any contribution in kind that it determines to be
inappropriate, not useful, or commercially worthless.
(4) Carryforward.--The amount of any matching funds
received by the Corporation in fiscal year 2009, 2010, or
2011 that cannot be used as matching funds in the fiscal year
in which received may be carried forward and treated as
having been received in the succeeding fiscal year for
purposes of meeting the matching requirement of paragraph (1)
in such succeeding fiscal year.
SEC. 5. TRAVEL PROMOTION FUND FEES.
If a fully automated electronic traveler authorization
system to collect basic biographical information in order to
determine, in advance of travel, the eligibility of an alien
to travel to the United States is implemented, the United
States Government may charge a fee to an applicant for the
use of the system. The amount of any such fee initially shall
be at least $10, plus such amounts as may be necessary to
cover the cost of operating such a system, but may be reduced
thereafter if that amount is not necessary to ensure that the
Corporation is fully funded.
SEC. 6. ASSESSMENT AUTHORITY.
(a) In General.--Except as otherwise provided in this
section, the Corporation may impose an annual assessment on
United States members of the international travel and tourism
industry (other than those described in section 2(b)(1)(D),
(H), or (I)) represented on the Board in proportion to their
share of the aggregate international travel and tourism
revenue of the industry.
(b) Initial Assessment Limited.--The Corporation may
establish the initial assessment after the date of enactment
of the Travel and Tourism Promotion Act at no greater, in the
aggregate, than $20,000,000.
(c) Referenda.--
(1) In general.--The Corporation may not impose an annual
assessment unless--
(A) the Corporation submits the proposed annual assessment
to members of the industry in a referendum; and
(B) the assessment is approved by a majority of those
voting in the referendum.
(3) Procedural requirements.--In conducting a referendum
under this subsection, the Corporation shall--
[[Page 16364]]
(A) provide written or electronic notice not less than 60
days before the date of the referendum;
(B) describe the proposed assessment or increase and
explain the reasons for the referendum in the notice; and
(C) determine the results of the referendum on the basis of
weighted voting apportioned according to each business
entity's relative share of the aggregate annual United States
international travel and tourism revenue for the industry per
business entity, treating all related entities as a single
entity.
(d) Collection.--
(1) In general.--The Corporation shall establish a means of
collecting the assessment that it finds to be efficient and
effective. The Corporation may establish a late payment
charge and rate of interest to be imposed on any person who
fails to remit or pay to the Corporation any amount assessed
by the Corporation under this Act.
(2) Enforcement.--The Corporation may bring suit in Federal
court to compel compliance with an assessment levied by the
Corporation under this Act.
(e) Investment of Funds.--Pending disbursement pursuant to
a program, plan, or project, the Corporation may invest funds
collected through assessments, and any other funds received
by the Corporation, only in obligations of the United States
or any agency thereof, in general obligations of any State or
any political subdivision thereof, in any interest-bearing
account or certificate of deposit of a bank that is a member
of the Federal Reserve System, or in obligations fully
guaranteed as to principal and interest by the United States.
SEC. 7. UNDER SECRETARY OF COMMERCE FOR TRAVEL PROMOTION.
(a) In General.--Title II of the International Travel Act
of 1961 (22 U.S.C. 2121 et seq.) is amended by inserting
after section 201 the following:
``SEC. 202. OFFICE OF TRAVEL PROMOTION.
``(a) Office Established.--There is established within the
Department of Commerce an office to be known as the Office of
Travel Promotion.
``(b) Under Secretary for Travel Promotion.--
``(1) In general.--The head of the Office shall be the
Under Secretary of Commerce for Travel Promotion. The Under
Secretary shall be appointed by the President, by and with
the advice and consent of the Senate.
``(2) Qualifications.--The Under Secretary shall--
``(A) be a citizen of the United States; and
``(B) have experience in a field directly related to the
promotion of travel in the United States.
``(3) Limitation on investments.--The Under Secretary may
not own stock in, or have a direct or indirect beneficial
interest in, a corporation or other enterprise engaged in the
travel, transportation, or hospitality business or in a
corporation or other enterprise that owns or operates theme
park or other entertainment facility.
``(c) Function.--The Under Secretary shall--
``(1) serve as liaison to the Corporation for Travel
Promotion established by section 2 of the Travel Promotion
Act of 2007 and support and encourage the development of
programs to increase the number of international visitors to
the United States for business, leisure, educational,
medical, exchange, and other purposes;
``(2) work with the Corporation, the Secretary of State,
and the Secretary of Homeland Security--
``(A) to disseminate information more effectively to
potential international visitors about documentation and
procedures required for admission to the United States as a
visitor; and
``(B) to ensure that arriving international visitors are
processed efficiently and in a welcoming and respectful
manner;
``(3) support State, regional, and private sector
initiatives to promote travel to and within the United
States;
``(4) supervise the operations of the Office of Travel and
Tourism Industries; and
``(5) enhance the entry and departure experience for
international visitors.
``(d) Reports to Congress.--Within a year after the date of
enactment of the Travel Promotion Act of 2007, and
periodically thereafter as appropriate, the Under Secretary
shall transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Energy and Commerce describing the Under
Secretary's work with the Corporation, the Secretary of
State, and the Secretary of Homeland Security to carry out
subsection (c)(2).''.
(b) Conforming Amendments.--
(1) Section 5313 of title 5, United States Code, is amended
by adding at the end the following:
``The Under Secretary of Commerce for Travel Promotion.''.
(2) The International Travel Act of 1961 (22 U.S.C. 2121 et
seq.) is amended by striking ``Commerce (hereafter in this
Act referred to as the `Secretary')'' in section 201 (22
U.S.C. 2122) and inserting ``Commerce, acting through the
Under Secretary for Travel Promotion,''.
SEC. 8. RESEARCH PROGRAM.
Title II of the International Travel Act of 1961 (22 U.S.C.
2121 et seq.), as amended by section 6, is further amended by
inserting after section 202 the following:
``SEC. 203. RESEARCH PROGRAM.
``The Office of Travel and Tourism Industries shall expand
and continue its research and development activities in
connection with the promotion of international travel to the
United States, including--
``(1) expanding access to the official Mexican travel
surveys data to provide the States with traveler
characteristics and visitation estimates for targeted
marketing programs;
``(2) revising the Commerce Department's Survey of
International Travelers questionnaire and report formats to
accommodate a new survey instrument, expanding the respondent
base, improving response rates, and improving market
coverage;
``(3) developing estimates of international travel exports
(expenditures) on a State-by-State basis to enable each State
to compare its comparative position to national totals and
other States;
``(4) evaluate the success of the Corporation in achieving
its objectives and carrying out the purposes of the Travel
Promotion Act of 2007; and
``(5) research to support the annual report required by
section 202(d) of this Act.''.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Commerce
for fiscal years 2008 through 2012 such sums as may be
necessary to carry out this section.''.
SEC. 9. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the board of directors
of the Corporation.
(2) Corporation.--The term ``Corporation'' means the
Corporation for Travel Promotion established by section 2.
(3) Fund.--The term ``Fund'' means the Travel Promotion
Fund established by section 4.
(4) Secretary.--Except as otherwise expressly provided, the
term ``Secretary'' means the Secretary of Commerce.
Mr. INOUYE. Mr. President, the travel and tourism industry is a
driving force for our Nation's economy. In 2006, the industry generated
a $7.3 billion trade surplus. In 2006, international receipts for
travel-related tourism spending reached $107.8 billion. Travel and
tourism supported 8.3 million American jobs in 2006, of which 1.1
million were supported by international travel and tourism. In Hawaii,
tourism is the largest industry bringing in approximately $12 billion
annually, $4 billion of which derives from international visitor
spending.
International tourism brings more than economic returns.
International travelers who visit our country can advance our standing
overseas. Studies have shown that, after visiting the United States and
interacting with Americans, 74 percent of visitors have a more
favorable opinion of our country.
In recent years, overseas travel to the United States has suffered.
In the wake of the September 11, 2001, terrorist attack, the United
States made a number of necessary changes in the visa and entry
processes to improve security, but some of those changes have confused
and deterred visitors from even the friendliest countries. Many in the
travel industry have continued to express concerns about the perception
that the U.S. entry process is unnecessarily antagonistic.
In order to strengthen our competitiveness and recover lost
international market share, we must improve and better explain the
process for travelers coming to America. The world needs to know that
the United States welcomes business and leisure travelers.
In addressing these concerns, and in recognizing the benefits of
travel promotion, I am pleased to join my colleagues, Senator Dorgan
and Vice Chairman Stevens, in introducing the Travel Promotion Act of
2007. The bill establishes a nonprofit, independent corporation charged
with reaching out to potential international travelers, clarifying the
ease of travel to America, and encouraging them to visit. As experts
have testified in hearings before the Commerce Committee, a unified
effort to promote tourism to all areas of the United States is
necessary and cannot be achieved by the industry alone.
The proposed corporation will be run by 14 board members, appointed
by the Secretary of Commerce, who represent all aspects of the travel
industry, including State tourism boards, hotels, and airlines, as well
as the Federal Government. A small fee collected from international
travelers to the United States will help fund the corporation, but its
costs will be truly
[[Page 16365]]
shared with industry. In order to receive the funds collected by the
Government, the corporation will need to raise matching funds from the
travel industry. By working together, the Federal and State governments
and business will be able to revitalize the travel industry and make
America a stronger and more welcoming destination.
In most developed countries, the minister of tourism is one of the
most powerful and important positions in the government. For too long,
our Government has relegated travel and tourism to a second tier
status. The bill seeks to improve that status by creating an Under
Secretary of Commerce for Travel Promotion who would work with the
State Department and the Department of Homeland Security, as well as
the corporation, to improve travel promotion efforts and the entry
process for international travelers.
The travel and tourism industry helps drive the U.S. economy. The
Travel Promotion Act of 2007 will enhance our competitiveness while
improving our image abroad, and I urge my colleagues to support this
measure.
______
By Mr. KERRY (for himself and Ms. Snowe):
S. 1662. A bill to amend the Small Business Investment Act of 1958 to
reauthorize the venture capital program, and for other purposes; to the
Committee on Small Business and Entrepreneurship.
Mr. KERRY. Mr. President, today I am introducing legislation with my
colleague, Senator Snowe, to increase access to venture capital for
small businesses. This type of financing is essential to grow a
company, but it's hard to come by, particularly for start-up firms. The
Small Business Administration, SBA, has played an important role in
filling this gap for almost 50 years with the Small Business Investment
Company, SBIC, program.
Since the SBIC program's inception in 1958, SBIC firms have invested
$48 billion in more than 100,000 small businesses. For fiscal year 2006
alone, 30 percent of all SBIC investment dollars went to companies that
had been in business for two years or less. Overall in that year, SBIC
financing supported more than 2,000 small businesses which employed a
total of 286,000 Americans.
Many extremely successful companies that received their start from
SBIC financing are now household names: Intel, Federal Express, Jenny
Craig, and Outback Steakhouse are all SBIC success stories. Companies
receiving SBIC financing have also consistently appeared on a variety
of prominent business lists, including Inc. 500, BusinessWeek's ``Hot
Growth Companies'' and ``Hot Growth Hall of Fame,'' Fortune magazine's
``Best Companies to Work For'' and ``Most Admired Companies,'' and the
FSB 100. And they provide tens of thousands of jobs and contribute
significantly to our Federal and local tax bases, paying back the
investment many times over.
Given the important contribution SBIC funds have made to our economy,
our bill reauthorizes the SBIC program for another 3 years, through
2010, ensuring the continued availability of this important small
business financing tool. Additionally, the legislation simplifies the
program's regulations to attract new investors and allow existing
investors to increase their involvement. These provisions will ensure
that dependable capital is available for small businesses for years to
come.
Entrepreneurs may start out small, but the contribution they make to
our economy is huge--and particularly important in underserved
communities. This legislation will also increase the leverage cap for
small businesses owned by women and minorities as well as those located
in low-income areas. It will simplify existing incentives for investing
in the smallest businesses in order to give every entrepreneur a
fighting chance. Finally, we have included a provision which ensures
that SBICs licensed under the participating securities program will be
able to easily make follow-up investments in successful companies.
Small businesses are responsible for more than two-thirds of all new
jobs in America. They employ more than half of the private sector work
force, and pump over $900 billion into the economy annually. As small
business owners are living the American dream, they should be able to
count on the government to help create an environment where they can do
what they do best: innovate, compete, and create good jobs for
Americans.
I thank Senator Snowe for joining me in introducing this bill, and I
ask my colleagues to support it when it comes before the full Senate
for consideration. Mr. President, I ask 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. 1662
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 ``Small Business Venture
Capital Act of 2007''.
SEC. 2. REAUTHORIZATION.
Section 20 of the Small Business Act (15 U.S.C. 631 note)
is amended by inserting after subsection (e) the following:
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``low-income geographic area'' has the same
meaning as in section 351 of the Small Business Investment
Act of 1958 (15 U.S.C. 689), as amended by this Act;
(3) the term ``New Markets Venture Capital company'' has
the same meaning as in section 351 of the Small Business
Investment Act of 1958 (15 U.S.C. 689); and
(4) the term ``New Markets Venture Capital Program'' means
the program under part B of title III of the Small Business
Investment Act of 1958 (15 U.S.C. 689 et seq.).
SEC. 3. DIVERSIFICATION OF NEW MARKETS VENTURE CAPITAL
PROGRAM.
(a) Selection of Companies in Each Geographic Region.--
Section 354 of the Small Business Investment Act of 1958 (15
U.S.C. 689c) is amended by adding at the end the following:
``(f) Geographic Requirement.--In selecting companies to
participate as New Markets Venture Capital companies in the
program established under this part, the Administrator shall
select, to the extent practicable, from among companies
submitting applications under subsection (b), at least 1
company from each geographic region of the Administration.''.
(b) Participation in New Markets Venture Capital Program.--
(1) Administration participation required.--Section 353 of
the Small Business Investment Act of 1958 (15 U.S.C. 689b) is
amended in the matter preceding paragraph (1), by striking
``under which the Administrator may'' and inserting ``under
which the Administrator shall''.
(2) Small manufacturer participation agreements required.--
Section 353 of the Small Business Investment Act of 1958 (15
U.S.C. 689b) is amended--
(A) by striking ``In accordance with this part,'' and
inserting the following:
``(a) In General.--In accordance with this part,'';
(B) in subsection (a)(1), as so designated by this
paragraph, by inserting after ``section 352'' the following:
``(with at least 1 such agreement to be with a company
engaged primarily in development of and investment in small
manufacturers, to the extent practicable)''; and
(C) by adding at the end the following:
``(b) Rule of Construction.--Subsection (a)(1) shall not be
construed to authorize the Administrator to decline to enter
into a participation agreement with a company solely on the
basis that the company is not engaged primarily in
development of and investment in small manufacturers.''.
SEC. 4. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE
CAPITAL.
Title II of the Small Business Investment Act of 1958 (15
U.S.C. 671) is amended by adding at the end the following:
``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL.
``(a) Establishment.--There is established in the
Investment Division of the Administration, the Office of New
Markets Venture Capital.
``(b) Director.--The Office of New Markets Venture Capital
shall be headed by a Director, who shall be a career
appointee in the Senior Executive Service, as those terms are
defined in section 3132 of title 5, United States Code.
``(c) Responsibilities of Director.--The responsibilities
of the Director of the Office of New Markets Venture Capital
include--
``(1) to administer the New Markets Venture Capital Program
under part B of title III;
``(2) to assess, not less frequently than once every 2
years, the nature and scope of the New Markets Venture
Capital Program and to advise the Administrator on
recommended changes to the program, based on such assessment;
``(3) to work to expand the number of small business
concerns participating in the New Markets Venture Capital
Program; and
[[Page 16366]]
``(4) to encourage investment in small manufacturing.''.
SEC. 5. LOW-INCOME GEOGRAPHIC AREAS.
(a) In General.--Section 351 of the Small Business
Investment Act of 1958 (15 U.S.C. 689) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Low-income geographic area.--The term `low-income
geographic area' has the meaning given the term `low-income
community' in section 45D of the Internal Revenue Code of
1986 (relating to the new markets tax credit).''; and
(2) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
(b) Application of Amended Definition to Capital
Requirement.--The definition of a low-income geographic area
in section 351(2) of the Small Business Investment Act of
1958, as amended by subsection (a), shall apply to private
capital raised under section 354(d)(1) of the Small Business
Investment Act of 1958 (15 U.S.C. 689c(d)(1)) before, on, or
after the date of enactment of this Act.
SEC. 6. LIMITATION ON TIME FOR FINAL APPROVAL OF COMPANIES.
Section 354(d) of the Small Business Investment Act of 1958
(15 U.S.C. 689c(d)) is amended by striking ``a period of
time, not to exceed 2 years,'' and inserting ``2 years''.
SEC. 7. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM.
Not later than 60 days after the date of enactment of this
Act, the Administrator shall prescribe standard documents for
an application for final approval by a New Markets Venture
Capital company under section 354(e) of the Small Business
Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator
shall ensure that such documents are designed to
substantially reduce the cost burden of the application
process on a company making such an application.
SEC. 8. OPERATIONAL ASSISTANCE GRANTS.
Section 358(a)(4)(A) of the Small Business Investment Act
of 1958 (15 U.S.C. 689g(a)(4)(A)) is amended to read as
follows:
``(A) New markets venture capital companies.--
Notwithstanding section 354(d)(2), the amount of a grant made
under this subsection to a New Markets Venture Capital
company shall be equal to the lesser of--
``(i) 10 percent of the private capital raised by the
company; or
``(ii) $1,000,000.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 368(a) of the Small Business Investment Act of 1958
(15 U.S.C. 689q(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal years 2001 through 2006'' and inserting ``fiscal
years 2007 through 2010''; and
(2) in paragraph (2), by striking ``$30,000,000'' and
inserting ``$20,000,000''.
Ms. SNOWE. Mr. President, as Ranking Member of the Senate Committee
on Small Business and Entrepreneurship, I rise today to join with
Chairman Kerry in introducing the ``Small Business Venture Capital Act
of 2007,'' a bill to reauthorize and improve the Small Business
Administration's (SBA) Small Business Investment Company (SBIC)
Program. I am deeply committed to supporting our nation's small
businesses by increasing their access to capital. Small businesses
employ more than half (57 percent) of the total private-sector
workforce and are responsible for the creation of more than two-thirds
of all new jobs. Clearly, increasing investments in small businesses is
crucial to our on-going economic success.
This bill, a product of genuine bipartisan negotiation, will reform
and enhance the SBIC program, which is so vital to fostering
innovation, growth, and job creation in small businesses throughout our
country. SBICs are privately owned and managed venture capital
investment companies that are licensed and regulated by the SBA. SBICs
use their own capital, combined with funds borrowed from other private
investors and supported by an SBA guarantee, to make equity and debt
investments in qualifying small businesses. The SBA shares in the
profits of SBICs. The structure of the program is unique and has been a
model for similar public-private partnerships around the world.
The program has been successful in mobilizing private venture capital
investment and leveraging private investment with additional funds
supported by SBA guarantees. According to the SBA's annual reports to
Congress, the SBIC program has provided billions in financing to small
businesses since its inception. For example, companies like Staples,
FedEx, Outback Steakhouse, America Online, Costco, Apple Computers, and
Intel have all received SBIC investments at one time in their history.
Each year, financing brought about by the SBIC program allows small
businesses to create or retain tens of thousands of jobs. For example,
during Fiscal Year 2006, the SBIC program invested $2.987 billion in
2,121 small businesses. Of these, 40 percent were located in
government-designated Low and Moderate Income (LMI) areas of the
county. Those LMI-district companies received $669 million of the total
dollars invested by SBICs in 2006. Since its beginning in 1958, the
SBIC program has provided approximately $48 billion of long-term debt
and equity capital to more than 100,000 small businesses. In fact, in
my home State of Maine, SBICs invested nearly $21 million during FY
2006.
A key proposal in this bill is a technical change made to simplify
the maximum leverage limits contained in the current statute. Under
current law, the maximum leverage cap or the maximum amount of
government-guaranteed capital an SBIC can control for Fiscal Year 2007,
is $127.2 million for any one SBIC or for multiple SBICs controlled by
the same management team. The cap increases automatically on an annual
basis by the percentage increase in the Consumer Price Index (CPI). The
problem with current law is that because the leverage cap applies to a
whole family of SBICs, it is often impossible for a successful SBIC to
operate a second or third fund due to a lack of available leverage.
Additional leverage would remedy this issue. Accordingly, the bill
increases the leverage cap for anyone fund to $150 million, and the cap
for multiple funds held under one management team to $225 million.
Furthermore, this bill will increase leverage available for
investment in minority- and women-owned businesses, which are having
trouble accessing SBIC dollars. In Fiscal Year 2004, minority-owned
firms received 5.2 percent of financing dollars. Women-owned businesses
obtained just 2.2 percent of financing dollars. To try to increase
financing available to such small businesses, the bill increases
leverage limits to $175 million for a single fund and $250 million for
a group of funds held under an SBIC license if the SBIC certifies that
at least 50 percent of its investments are made in companies that are
owned by either women or minorities, or are located in a low-income
geographic area.
Mr. President, I urge my colleagues to support this bill. Too much is
at stake for small businesses, and the economy as a whole, to allow
this critical legislation to languish. Failing to advance this bill
would diminish our chances for innovation, and stifle the
entrepreneurial opportunities this program has and will continue to
produce.
______
By Mr. KERRY (for himself and Ms. Snowe):
S. 1663. A bill to amend the Small Business Investment Act of 1958 to
reauthorize the New Markets Venture Capital Program, and for other
purposes; to the Committee on Small Business and Entrepreneurship.
Mr. KERRY. Mr. President, in addition to introducing a bill to
reauthorize the Small Business Investment Company, SBIC, program,
Senator Snowe and I are introducing a bill to extend the New Markets
Venture Capital, NMVC, program. The Securing Equity for the Economic
Development of Low Income Areas Act of 2007, or the SEED Act, is
important to states like Massachusetts and Maine.
Both of our States are home to pioneers in the field of development
venture capital, which uses the discipline of traditional venture
investing to focus on economic development in low-income areas. We know
the benefits of this type of investment and believe the model should be
expanded to other parts of the country.
Our support is not new. In my case, I was the sponsor of the
Community Development and Venture Capital Act of 1999, which created
the New Markets Venture Capital program. Its purpose was to stimulate
economic development through public-private partnerships that invest
venture capital in smaller businesses located in impoverished rural and
urban areas or that employ low-income people.
[[Page 16367]]
Both innovative and fiscally sound, this program was built on two of
the Small Business Administration's most popular programs. It developed
a financial structure similar to that of the successful Small Business
Investment Company, SBIC, program, mentioned earlier, while also
incorporating a technical assistance component similar to that of SBA's
microloan program.
However, unlike the SBIC program, which focuses on small businesses
with high-growth potential, the New Markets Venture Capital program
focuses on small businesses that show promise of both financial and
social returns--what is referred to as a ``double bottom line.'' These
businesses have special needs, and they tend to want intensive, ongoing
financial, management and marketing assistance, be higher risk, and
need longer periods to pay back money than SBIC investments. However,
they more than balance out the equation by providing good, stable jobs
and creating wealth in our neediest communities.
Unfortunately, the program expired in 2006, and it has been operating
under temporary authority since then. The SEED Act seeks to
reauthorize, expand, and improve this important program.
First, the bill will reauthorize the program for the next 3 years
until 2010, making it possible for the SBA to license up to 20 more New
Markets Venture Capital funds. Those funds will have the potential to
invest $250 million in small businesses in low-income areas, by
leveraging $150 million in debentures. Building on experiences with
this program and the Rural Business Investment Company Program, which
proved the matching requirement unreasonable and inefficient, the bill
changes the operational assistance grants so that firms can get up to
$1 million in funding in order to provide the companies they invest in
with management assistance services. This support is absolutely
necessary to make their business a success. Also important to making
future funds successful, we have clarified that new markets venture
capital companies have two years to raise their private capital. The
committee has been troubled by the Agency's interpretation of the NMVC
statute, which they viewed as giving SBA the authority to choose how
much time it can give conditionally approved NMVCs to raise private-
sector matching money. The chosen time frames were unreasonable and not
what Congress intended. This bill clarifies that they get the full 2
years to raise the money. The bill also establishes an office of new
markets venture capital so that there are resources devoted to its
management and oversight, something lacking in past years. And to try
to expand the reach of development capital in other parts of the
country, the bill requires the SBA, to the extent practicable, to try
and license funds in each of the Agency's ten regions, so that there is
diversity. And it requires the SBA, to the extent practicable, to try
and license a fund that focuses on investments in small manufacturers,
as a way to help stem the loss of manufacturing in this country.
On behalf of the Nation's small businesses and entrepreneurs, I urge
my colleagues to support this important legislation. Mr. President, I
ask that 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. 1663
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 ``Securing Equity for the
Economic Development of Low Income Areas Act of 2007'' or the
``SEED Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``low-income geographic area'' has the same
meaning as in section 351 of the Small Business Investment
Act of 1958 (15 U.S.C. 689), as amended by this Act;
(3) the term ``New Markets Venture Capital company'' has
the same meaning as in section 351 of the Small Business
Investment Act of 1958 (15 U.S.C. 689); and
(4) the term ``New Markets Venture Capital Program'' means
the program under part B of title III of the Small Business
Investment Act of 1958 (15 U.S.C. 689 et seq.).
SEC. 3. DIVERSIFICATION OF NEW MARKETS VENTURE CAPITAL
PROGRAM.
(a) Selection of Companies in Each Geographic Region.--
Section 354 of the Small Business Investment Act of 1958 (15
U.S.C. 689c) is amended by adding at the end the following:
``(f) Geographic Requirement.--In selecting companies to
participate as New Markets Venture Capital companies in the
program established under this part, the Administrator shall
select, to the extent practicable, from among companies
submitting applications under subsection (b), at least 1
company from each geographic region of the Administration.''.
(b) Participation in New Markets Venture Capital Program.--
(1) Administration participation required.--Section 353 of
the Small Business Investment Act of 1958 (15 U.S.C. 689b) is
amended in the matter preceding paragraph (1), by striking
``under which the Administrator may'' and inserting ``under
which the Administrator shall''.
(2) Small manufacturer participation agreements required.--
Section 353 of the Small Business Investment Act of 1958 (15
U.S.C. 689b) is amended--
(A) by striking ``In accordance with this part,'' and
inserting the following:
``(a) In General.--In accordance with this part,'';
(B) in subsection (a)(1), as so designated by this
paragraph, by inserting after ``section 352'' the following:
``(with at least 1 such agreement to be with a company
engaged primarily in development of and investment in small
manufacturers, to the extent practicable)''; and
(C) by adding at the end the following:
``(b) Rule of Construction.--Subsection (a)(1) shall not be
construed to authorize the Administrator to decline to enter
into a participation agreement with a company solely on the
basis that the company is not engaged primarily in
development of and investment in small manufacturers.''.
SEC. 4. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE
CAPITAL.
Title II of the Small Business Investment Act of 1958 (15
U.S.C. 671) is amended by adding at the end the following:
``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL.
``(a) Establishment.--There is established in the
Investment Division of the Administration, the Office of New
Markets Venture Capital.
``(b) Director.--The Office of New Markets Venture Capital
shall be headed by a Director, who shall be a career
appointee in the Senior Executive Service, as those terms are
defined in section 3132 of title 5, United States Code.
``(c) Responsibilities of Director.--The responsibilities
of the Director of the Office of New Markets Venture Capital
include--
``(1) to administer the New Markets Venture Capital Program
under part B of title III;
``(2) to assess, not less frequently than once every 2
years, the nature and scope of the New Markets Venture
Capital Program and to advise the Administrator on
recommended changes to the program, based on such assessment;
``(3) to work to expand the number of small business
concerns participating in the New Markets Venture Capital
Program; and
``(4) to encourage investment in small manufacturing.''.
SEC. 5. LOW-INCOME GEOGRAPHIC AREAS.
(a) In General.--Section 351 of the Small Business
Investment Act of 1958 (15 U.S.C. 689) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Low-income geographic area.--The term `low-income
geographic area' has the meaning given the term `low-income
community' in section 45D of the Internal Revenue Code of
1986 (relating to the new markets tax credit).''; and
(2) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
(b) Application of Amended Definition to Capital
Requirement.--The definition of a low-income geographic area
in section 351(2) of the Small Business Investment Act of
1958, as amended by subsection (a), shall apply to private
capital raised under section 354(d)(1) of the Small Business
Investment Act of 1958 (15 U.S.C. 689c(d)(1)) before, on, or
after the date of enactment of this Act.
SEC. 6. LIMITATION ON TIME FOR FINAL APPROVAL OF COMPANIES.
Section 354(d) of the Small Business Investment Act of 1958
(15 U.S.C. 689c(d)) is amended by striking ``a period of
time, not to exceed 2 years,'' and inserting ``2 years''.
SEC. 7. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM.
Not later than 60 days after the date of enactment of this
Act, the Administrator shall prescribe standard documents for
an application for final approval by a New Markets Venture
Capital company under section 354(e) of the Small Business
Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator
[[Page 16368]]
shall ensure that such documents are designed to
substantially reduce the cost burden of the application
process on a company making such an application.
SEC. 8. OPERATIONAL ASSISTANCE GRANTS.
Section 358(a)(4)(A) of the Small Business Investment Act
of 1958 (15 U.S.C. 689g(a)(4)(A)) is amended to read as
follows:
``(A) New markets venture capital companies.--
Notwithstanding section 354(d)(2), the amount of a grant made
under this subsection to a New Markets Venture Capital
company shall be equal to the lesser of--
``(i) 10 percent of the private capital raised by the
company; or
``(ii) $1,000,000.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 368(a) of the Small Business Investment Act of 1958
(15 U.S.C. 689q(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal years 2001 through 2006'' and inserting ``fiscal
years 2007 through 2010''; and
(2) in paragraph (2), by striking ``$30,000,000'' and
inserting ``$20,000,000''.
Ms. SNOWE. Mr. President, as ranking member of the Senate Committee
on Small Business and Entrepreneurship, I rise today to join with
Chairman Kerry in introducing the Securing Equity for the Economic
Development of Low Income Areas Act of 2007, a bill to reauthorize the
New Markets Venture Capital, NMVC, Program. The NMVC program
specializes in providing investment dollars to small businesses in
underserved, low-wealth urban and rural communities.
Selected by the SBA through a competitive process, NMVC companies are
privately owned and managed for-profit entities. They use their own
private capital plus debentures obtained at favorable rates with SBA
guarantees for investing. In addition, they provide technical
assistance to the low-income enterprises in which they invest or intend
to invest, by using private resources matched by the SBA in the form of
operational assistance grants. While the Consolidated Appropriations
Act of 2001, which established the program, contemplated 15 NMVC
companies, unfortunately, only six NMVC companies have received final
approval.
Despite the shortfall in the final numbers of approved companies, the
NMVC program has achieved some remarkable success since Congress
created it in 2000. According to the Community Development Venture
Capital Alliance, as of March 31, 2006, the six NMVC companies had
invested more than $13.4 million of capital into 29 small businesses.
Not only have the NMVC Companies brought investment dollars to
underinvested areas, but they have also created or maintained 1,626
jobs in low-income communities.
Although the statistics I have just cited pertain to the entire
Nation, I want to share an example of how the NMVC program has been a
tremendous benefit to my home State of Maine. In 2003, Mike Cote
purchased Look's Canning Company in Whiting, ME, which had become one
of the last of what had been dozens of canneries along Maine's coast.
After changing the canning company's name to Look's Gourmet Food
Company, Mike worked with Wiscasset, Maine, based Coastal Enterprises,
Inc., a New Markets Venture Capital Company, to help grow the business.
Look's Gourmet Food Company is now thriving by selling all-natural,
high-quality, shelf-stable seafood products under the ``Bar Harbor T''
and ``Atlantic T'' brands all over the country. As Look's took off, it
was able to create 18 new jobs with benefits in Maine's Washington
County. That's no small feat for a company doing business in a county
that had a 9.1 percent unemployment rate in February, the highest in
Maine and more than double the national average. The bill introduced
today will go a long way to assisting many low-income communities
across America.
Other than reauthorizing the NMVC Program, this bill will make other
changes to ensure the program is given the full opportunity to achieve
its full potential. For example, the bill will conform the definition
of ``low-income geographic area'' used in the NMVC program to the
definition of a ``low-income community'' as defined by the New Markets
Tax Credit, NMTC, program. This amendment is beneficial because many
investors participate in both the NMVC and NMTC programs, and a uniform
definition between the two programs would improve coordination between
the two programs. This change would allow NMVC companies to invest in
businesses that benefit a low-income population, as well as businesses
located in low-income census tracts. This flexibility to serve low
income ``targeted populations'' would be particularly important for
NMVC companies operating in states like Maine which have large rural
areas with dispersed populations. Additionally, the bill ensures that
all existing NMVC companies can take advantage of the amended targeting
for investments made with the capital they have already raised.
The entrepreneurial spirit of our 26 million small businesses dates
back to our Nation's founding. Small businesses are the cornerstone of
economic growth and job creation, and it is critical that we support
the NMVC program that enables aspiring entrepreneurs to obtain the
crucial financing dollars they need to start and grow their businesses.
As ranking member of the Senate Committee on Small Business and
Entrepreneurship, I have long fought to ensure the success and vitality
of our country's small business sector. An investment in small business
is an investment in the long-term economic prosperity of America, and I
encourage my colleagues to support this vital legislation.
____________________
SUBMITTED RESOLUTIONS
______
SENATE RESOLUTION 239--EXPRESSING THE SENSE OF THE SENATE THAT THE
ADMINISTRATION SHOULD RIGOROUSLY ENFORCE THE LAWS OF THE UNITED STATES
TO SUBSTANTIALLY REDUCE ILLEGAL IMMIGRATION AND GREATLY IMPROVE BORDER
SECURITY
Mr. SESSIONS (for himself, Mr. DeMint, Mrs. Dole, Mr. Grassley, and
Mr. Vitter) submitted the following resolution; which was referred to
the Committee on the Judiciary:
S. Res. 239
Whereas the President of the United States has the primary
authority to employ Federal Government resources to enforce
Federal immigration laws;
Whereas an estimated 40 percent of the estimated 12,000,000
to 20,000,000 illegal immigrants in the United States have
overstayed their nonimmigrant visas;
Whereas the implementation of the United States Visitor and
Immigrant Status Indicator Technology (US-VISIT) program
would provide the Federal Government with information about
whether people who entered the country on a short-term visa
return to their countries of origin before such visas expire;
Whereas the decision of the Department of the Treasury to
allow financial institutions to accept the Mexican matricula
consular card as valid identification for the purpose of
opening bank accounts encourages illegal immigrants to remain
in the United States;
Whereas Federal Bureau of Investigation officials have
testified under oath that the matricula consular card ``is
not a reliable form of identification, due to the
nonexistence of any means of verifying the true identity of
the card holder'' and because the card is so vulnerable to
fraud and forgery ``there are 2 major criminal threats posed
by the cards, and 1 potential terrorist threat.'';
Whereas the current and previous Administrations have
failed to enforce the legally binding affidavits of support
signed by sponsors of immigrants;
Whereas the lack of such enforcement sends a message to
immigrants that they can wrongfully take advantage of
government benefits paid for by American taxpayers;
Whereas 98 percent of illegal immigrants arrested along the
international border between the United States and Mexico
between 2000 and 2005 were released across the border without
prosecution, and many of such illegal immigrants were caught
and released multiple times;
Whereas such a catch and return without prosecution policy
encourages illegal immigrants to keep trying to enter
illegally and creates a revolving door of illegal
immigration;
Whereas the current and previous Administrations have
largely ignored laws enacted as part of the Immigration
Reform and Control Act of 1986 that impose fines on
businesses that employ illegal workers;
Whereas in 2004, the Administration did not issue any final
orders to employers for hiring illegal immigrants;
Whereas in 2005, the Administration issued only 10 such
final orders;
Whereas not enforcing employer sanctions encourages the
hiring of illegal immigrants
[[Page 16369]]
and the easy availability of jobs acts as a magnet that
attracts illegal immigrants;
Whereas neither the Department of Homeland Security nor the
Department of Justice has filed suit to stop any of the 10
States that allow colleges and universities to offer in-State
tuition rates to illegal immigrants in violation of section
505 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996;
Whereas such a policy unfairly burdens United States
citizens because there are fewer places for legal residents
in those colleges or universities and out-of-State students
pay higher tuition than the tuition charged to illegal
immigrants;
Whereas in some judicial jurisdictions alien smugglers will
not be prosecuted by the United States Attorney's Office
unless they are caught smuggling at least 12 illegal
immigrants;
Whereas such a policy acts as an incentive for smugglers to
continue their trade as long as they do not breach the
arbitrary threshold for prosecution;
Whereas, as of June 2007, there are only 13,500 active
border patrol agents, which is 1,306 less than the number
Congress required be in place by the end of fiscal year 2007
under section 5202 of the Intelligence Reform and Terrorism
Prevention Act of 2004;
Whereas more Border Patrol agents would help ensure
effective control of the international border between the
United States and Mexico;
Whereas, as of June 2007, there are only 27,500 detention
beds for holding illegal immigrants, which is 15,944 less
than the number Congress required be in use by the end of
fiscal year 2007 under section 5204 of the Intelligence
Reform and Terrorism Prevention Act of 2004;
Whereas additional detention beds would help ensure that
all criminal aliens and individuals apprehended while
crossing the border illegally are detained prior to
prosecution and deportation;
Whereas, as of June 2007, there are only 5,571 immigration
investigators, which is less than the number Congress
required be in place by the end of fiscal year 2007 under
section 5203 of the Intelligence Reform and Terrorism
Prevention Act of 2004;
Whereas additional investigators would help ensure that
sufficient worksite enforcement is performed to impose
employer sanctions on those who hire illegal immigrants;
Whereas the Secure Fence Act of 2006 requires that more
than 700 miles of fencing be built along the international
border between the United States and Mexico;
Whereas as of June 5, 2007, only 87 miles of fencing
exists, even though such fencing helps deter illegal border
crossing;
Whereas the Department of Homeland Security may use
expedited removal procedures for any illegal immigrants who
have not been admitted or paroled into the United States and
who have not affirmatively shown that they have been inside
the United States for 2 years;
Whereas the Department of Homeland Security only uses
expedited removal procedures for illegal immigrants who are
apprehended within 100 miles of the United States border and
within 14 days of entry to the Unites States even though
wider use of expedited removal would help decrease the number
of appeals of removal orders which clog the Federal court
system;
Whereas the current Immigration Violators File in the
National Crime Information Center (NCIC) database is being
underutilized and could be expanded so that State and local
law enforcement could help locate the more than 600,000 alien
absconders living in the United States; and
Whereas the current illegal immigration crisis is a direct
result of this and previous Administrations failing to
enforce or adequately enforce at least 8 immigration laws
passed by Congress and enacted by the current and previous
Administrations: Now, therefore, be it
Resolved, That the Senate believes that--
(1) the Administration should--
(A) implement the entry and exit portions of the United
States Visitor and Immigrant Status Indicator Technology (US-
VISIT) as required under the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996;
(B) reverse the United States Treasury Department decision
to allow financial institutions to accept the Mexican
matricula consular cards as valid identification for the
purpose of opening bank accounts;
(C) enforce legally binding affidavits of support signed by
sponsors of immigrants;
(D) end the practice of catching illegal immigrants at the
border and returning them without prosecution;
(E) enforce the employer sanctions contained in the
Immigration Reform and Control Act of 1986.
(F) enforce section 505 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996, which prohibits in-
State college tuition for illegal immigrants.
(G) require prosecution of anyone caught smuggling
immigrants across the border regardless of how many
immigrants are being smuggled.
(H) increase the number of full time border patrol agents
by at least 1,306 by the end of fiscal year 2007, as
authorized by the Intelligence Reform and Terrorism
Prevention Act of 2004;
(I) increase the number of detention beds for illegal
immigrants by at least 15,944 by the end of fiscal year 2007,
as authorized under the Intelligence Reform and Terrorism
Prevention Act of 2004;
(J) increase the number of full time immigration
investigators by at least 1,600 by the end of fiscal year
2007, as authorized by the Intelligence Reform and Terrorism
Prevention Act of 2004;
(K) comply with the Secure Fence Act of 2006 by building
over 700 miles of fencing along the international border
between the United States and Mexico;
(L) increase the use of expedited removal procedures for
all illegal immigrants eligible for removal under United
States immigration laws; and
(M) expand the Immigration Violators File in the NCIC
database to include information on aliens with final orders
of removal, aliens with expired voluntary departure
agreements, aliens whom Federal immigration officers have
confirmed are unlawfully present, and aliens whose visas have
been revoked; and
(2) taking the steps set forth in paragraph (1)--
(A) will lead to a substantial reduction in illegal
immigration; and
(B) will greatly improve the border security of the United
States.
____________________
AMENDMENTS SUBMITTED AND PROPOSED
SA 1655. Mr. NELSON, of Florida (for himself and Mr.
Sanders) submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to
reduce our Nation's dependency on foreign oil by investing in
clean, renewable, and alternative energy resources, promoting
new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and
Renewables Reserve to invest in alternative energy, and for
other purposes; which was ordered to lie on the table.
SA 1656. Mr. SCHUMER submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1657. Mr. ISAKSON submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1658. Mr. VITTER submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1659. Mr. SUNUNU submitted an amendment intended to be
proposed by him to the bill H.R. 6, supra; which was ordered
to lie on the table .
SA 1660. Mr. INHOFE (for himself and Mrs. Clinton)
submitted an amendment intended to be proposed to amendment
SA 1502 proposed by Mr. Reid to the bill H.R. 6, supra; which
was ordered to lie on the table.
SA 1661. Mr. CARPER submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1662. Ms. KLOBUCHAR (for herself, Mr. Bond, Mr. Nelson,
of Nebraska, Mr. Voinovich, Mr. Kerry, and Mr. Hagel)
submitted an amendment intended to be proposed to amendment
SA 1502 proposed by Mr. Reid to the bill H.R. 6, supra; which
was ordered to lie on the table.
SA 1663. Mr. MARTINEZ submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1664. Ms. KLOBUCHAR (for herself and Ms. Cantwell)
submitted an amendment intended to be proposed to amendment
SA 1502 proposed by Mr. Reid to the bill H.R. 6, supra; which
was ordered to lie on the table.
SA 1665. Mr. SALAZAR (for himself and Mr. Brown) submitted
an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, supra; which was
ordered to lie on the table.
SA 1666. Mr. INHOFE (for himself, Mr. Burr, and Mrs. Dole)
submitted an amendment intended to be proposed to amendment
SA 1502 proposed by Mr. Reid to the bill H.R. 6, supra; which
was ordered to lie on the table.
SA 1667. Mr. INHOFE submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1668. Mr. INHOFE submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1669. Mr. INHOFE submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1670. Ms. MURKOWSKI (for herself and Mr. Stevens)
submitted an amendment intended to be proposed to amendment
SA 1502
[[Page 16370]]
proposed by Mr. Reid to the bill H.R. 6, supra; which was
ordered to lie on the table.
SA 1671. Ms. LANDRIEU submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1672. Mr. SCHUMER (for himself and Mr. Kennedy)
submitted an amendment intended to be proposed to amendment
SA 1502 proposed by Mr. Reid to the bill H.R. 6, supra; which
was ordered to lie on the table.
SA 1673. Mr. BINGAMAN (for himself, Mr. Dodd, Mr. Allard,
Mr. Reed, Mr. Crapo, Mr. Schumer, Mr . Martinez, Mr. Casey,
and Mr. Bayh) submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
supra; which was ordered to lie on the table.
SA 1674. Mr. FEINGOLD submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1675. Mr. MENENDEZ submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1676. Mr. BROWN submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1677. Mr. BINGAMAN submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1678. Mrs. HUTCHISON (for herself and Mr. Cornyn)
submitted an amendment intended to be proposed to amendment
SA 1502 proposed by Mr. Reid to the bill H.R. 6, supra; which
was ordered to lie on the table.
SA 1679. Mrs. HUTCHISON (for herself and Mr. Cornyn)
submitted an amendment intended to be proposed to amendment
SA 1502 proposed by Mr. Reid to the bill H.R. 6, supra; which
was ordered to lie on the table.
SA 1680. Mr. HAGEL submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1681. Mr. HAGEL (for himself and Mr. Lieberman)
submitted an amendment intended to be proposed to amendment
SA 1502 proposed by Mr. Reid to the bill H.R. 6, supra; which
was ordered to lie on the table.
SA 1682. Mr. HAGEL submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1683. Mr. VOINOVICH (for himself, Mr. Carper, and Mr.
Inhofe) submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
supra; which was ordered to lie on the table.
SA 1684. Mrs. HUTCHISON (for herself and Mr. Cornyn)
submitted an amendment intended to be proposed to amendment
SA 1502 proposed by Mr. Reid to the bill H.R. 6, supra; which
was ordered to lie on the table.
SA 1685. Mr. HAGEL submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1686. Mr. ALLARD submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1687. Mr. BURR submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1688. Mr. BURR submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1689. Mr. BURR submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1690. Mr. MENENDEZ (for himself and Mr. Sanders)
submitted an amendment intended to be proposed to amendment
SA 1502 proposed by Mr. Reid to the bill H.R. 6, supra; which
was ordered to lie on the table.
SA 1691. Mr. WYDEN (for himself and Mr. Sununu) submitted
an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, supra; which was
ordered to lie on the table.
SA 1692. Ms. MURKOWSKI submitted an amendment intended to
be proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1693. Mr. BINGAMAN (for himself, Mrs. Boxer, and Mr.
Reid) submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
supra; which was ordered to lie on the table.
SA 1694. Mr. BINGAMAN (for himself, Mrs. Boxer, and Mr.
Reid) submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
supra; which was ordered to lie on the table.
SA 1695. Mr. BINGAMAN (for himself, Mrs. Boxer, and Mr.
Reid) submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
supra; which was ordered to lie on the table.
SA 1696. Mr. NELSON, of Nebraska (for himself, Mr. Craig,
Mr. Crapo, Mr. Kohl, Mr. Allard, and Mr. Thune) submitted an
amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, supra; which was
ordered to lie on the table.
SA 1697. Mr. WEBB submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1698. Ms. CANTWELL submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1699. Ms. CANTWELL submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1700. Ms. COLLINS submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1701. Mrs. DOLE submitted an amendment intended to be
proposed by her to the bill S. 1639, to provide for
comprehensive immigration reform and for other purposes;
which was ordered to lie on the table.
SA 1702. Ms. SNOWE (for herself and Mr. Kerry) submitted an
amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our
Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency,
and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other
purposes; which was ordered to lie on the table.
SA 1703. Ms. MURKOWSKI submitted an amendment intended to
be proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1704. Mr. BAUCUS (for himself, Mr. Grassley, Mr.
Bingaman, Ms. Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar,
and Ms. Snowe) proposed an amendment to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, supra.
SA 1705. Mr. KERRY (for himself, Ms. Cantwell, and Mr.
Tester) submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
supra; which was ordered to lie on the table.
SA 1706. Mr. KERRY (for himself and Ms. Snowe) submitted an
amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, supra; which was
ordered to lie on the table.
SA 1707. Mr. KERRY submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, supra; which was ordered to lie on the table.
SA 1708. Mr. TESTER (for himself and Mr. Coleman) submitted
an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, supra; which was
ordered to lie on the table.
SA 1709. Mr. ENZI proposed an amendment to the bill S. 277,
to modify the boundaries of Grand Teton National Park to
include certain land within the GT Park Subdivision, and for
other purposes.
SA 1710. Mr. FEINGOLD (for himself, Mr. Sanders, and Mr.
Menendez) submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to
reduce our Nation's dependency on foreign oil by investing in
clean, renewable, and alternative energy resources, promoting
new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and
Renewables Reserve to invest in alternative energy, and for
other purposes; which was ordered to lie on the table.
SA 1711. Mr. PRYOR (for himself, Mr. Bond, Mr. Levin, Mr.
Voinovich, Ms. Stabenow, and Mrs. McCaskill) submitted an
amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, supra; which was
ordered to lie on the table.
SA 1712. Mr. PRYOR (for himself, Mr. Bond, Mr. Levin, Mr.
Voinovich, Ms. Stabenow, and Mrs. McCaskill) submitted an
amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, supra; which was
ordered to lie on the table.
SA 1713. Mr. PRYOR (for himself, Mr. Bond, Mr. Levin, Mr.
Voinovich, Ms. Stabenow, and Mrs. McCaskill) submitted an
amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, supra; which was
ordered to lie on the table.
SA 1714. Mr. SCHUMER (for Mr. Kennedy) proposed an
amendment to the bill H.R. 1429, to reauthorize the Head
Start Act, to improve program quality, to expand access, and
for other purposes.
[[Page 16371]]
SA 1715. Mr. CRAIG submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the
bill H.R. 6, to reduce our Nation's dependency on foreign oil
by investing in clean, renewable, and alternative energy
resources, promoting new emerging energy technologies,
developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered
to lie on the table.
____________________
TEXT OF AMENDMENTS
______
SA 1655. Mr. NELSON of Florida (for himself and Mr. Sanders)
submitted an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
On page 241, line 5, strike ``35'' and insert ``40''.
______
SA 1656. Mr. SCHUMER submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle F of title II, add the following:
SEC. 2__. ENERGY EFFICIENCY RESOURCE STANDARD FOR RETAIL
ELECTRICITY AND NATURAL GAS DISTRIBUTORS.
Title VI of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end
the following:
``SEC. 610. ENERGY EFFICIENCY RESOURCE STANDARD FOR RETAIL
ELECTRICITY AND NATURAL GAS DISTRIBUTORS.
``(a) Definitions.--In this section:
``(1) Base quantity.--The term `base quantity', with
respect to a retail electricity or natural gas distributor,
means the total quantity of electric energy or natural gas
delivered by the retail electricity or natural gas
distributor to retail customers (other than to an electricity
distributor for purposes of electric generation) during the
most recent calendar year for which information is available.
``(2) CHP savings.--
``(A) In general.--The term `CHP savings' means the
increment of electric output of a new combined heat and power
system that is attributable to the higher efficiency of the
combined system (as compared to the efficiency of separate
production of the electric and thermal outputs), as
determined in accordance with such regulations as the
Secretary may promulgate.
``(B) Related definition.--For purposes of subparagraph
(A), the term `new combined heat and power system' means a
system that uses the same energy source for the generation of
electrical or mechanical power and the production of steam or
another form of useful thermal energy, if--
``(i) the facility at which the system is used meets such
requirements relating to efficiency and other operating
characteristics as the Secretary may promulgate by
regulation;
``(ii) the net wholesale sales of electricity by the
facility will not exceed 50 percent of total annual electric
generation by the facility; and
``(iii) the facility commences operation after June 30,
2007.
``(3) Customer facility savings.--The term `customer
facility savings' means a reduction in end-use electricity or
natural gas consumption (including recycled energy savings)
at a facility of an end-use consumer of electricity or
natural gas served by a retail electricity or natural gas
distributor, as compared to--
``(A) consumption at that facility during a base year;
``(B) in the case of new equipment, regardless of whether
the new equipment replaces existing equipment at the end of
the useful life of the existing equipment, consumption by new
equipment of average efficiency; or
``(C) in the case of a new facility, consumption at a
reference facility.
``(4) Electricity savings.--The term `electricity savings'
means, as determined in accordance with such regulations as
the Secretary may promulgate--
``(A) customer facility savings of electricity consumption,
adjusted to reflect any associated increase in fuel
consumption at the facility;
``(B) reductions in distribution system losses of
electricity achieved by a retail electricity distributor, as
compared to losses attributable to new or replacement
distribution system equipment of average efficiency (as
defined in regulations to be promulgated by the Secretary);
and
``(C) CHP savings.
``(5) Natural gas savings.--The term `natural gas savings'
means, as determined in accordance with such regulations as
the Secretary may promulgate--
``(A) customer facility savings of natural gas, adjusted to
reflect any associated increase in electricity consumption at
the facility; and
``(B) reductions in leakage, operational losses, and gas
fuel consumption in the operation of a gas distribution
system achieved by a retail gas distributor, as compared to
similar losses during a base year.
``(6) Recycled energy savings.--The term `recycled energy
savings' means a reduction in electricity or natural gas
consumption that is attributable to electrical or mechanical
power (or both), or thermal energy, produced by modifying an
industrial or commercial system that was in operation before
July 1, 2007, in order to recapture energy that would
otherwise be wasted.
``(7) Retail electricity or natural gas distributor.--The
term `retail electricity or natural gas distributor' means a
person or Federal or State agency that--
``(A) owns or operates an electric or natural gas
distribution facility; and
``(B) using the facility, delivers to consumers of the
energy that are not affiliated with, and that are not lessees
or tenants of, the person or agency, during the most recent
calendar year for which data are available--
``(i) more than 800,000 megawatt hours of electricity; or
``(ii) more than 1,000,000,000 cubic feet of natural gas.
``(8) Verified electricity or natural gas savings.--The
term `verified electricity or natural gas savings' means
electricity savings or natural gas savings that meet the
requirements of subsection (c).
``(b) Performance Standard.--
``(1) In general.--For calendar year 2010, and each
calendar year thereafter, each retail electricity or natural
gas distributor shall submit to the Secretary, by not later
than March 31 of the calendar year after the applicable
calendar year, a number of credits issued under subsection
(d) equal to the following percentages of the base quantity
of the retail electricity or natural gas distributor
applicable to the calendar year:
------------------------------------------------------------------------
Electricity
Year Credits (%) Natural Gas Credits (%)
------------------------------------------------------------------------
2010 0.5 0.3
------------------------------------------------------------------------
2011 1.25 0.6
------------------------------------------------------------------------
2012 2.0 1.0
------------------------------------------------------------------------
2013 3.0 1.5
------------------------------------------------------------------------
2014 4.0 2.0
------------------------------------------------------------------------
2015 5.0 2.5
------------------------------------------------------------------------
2016 6.0 3.0
------------------------------------------------------------------------
2017 7.0 3.5
------------------------------------------------------------------------
[[Page 16372]]
2018 8.0 4.0
------------------------------------------------------------------------
2019 9.0 4.5
------------------------------------------------------------------------
2020 10.0 5.0
------------------------------------------------------------------------
``(2) Subsequent calendar years.--For calendar year 2021
and each calendar year thereafter, each retail electricity or
natural gas distributor shall submit to the Secretary, by not
later than March 31 of the calendar year after the applicable
calendar year, a number of credits issued under subsection
(d) equal to such a percentage of the base quantity of the
retail electricity or natural gas distributor as the
Secretary may determine, by regulation, but in no case less
than the applicable percentage for calendar year 2020.
``(c) Measurement and Verification of Savings.--Not later
than June 30, 2009, the Secretary shall promulgate
regulations regarding measurement and verification of
electricity and natural gas savings under this section,
including--
``(1) procedures and standards for defining and measuring
electricity savings and natural gas savings that will be
eligible to receive credits under subsection (d)(2), which
shall--
``(A) specify the types of energy efficiency and energy
conservation measures that will be eligible for the credits;
``(B) require that energy consumption estimates for
customer facilities or portions of facilities in the
applicable base and current years be adjusted, as
appropriate, to account for changes in weather, level of
production, and building area;
``(C) account for the useful life of electricity savings
measures;
``(D) include deemed savings values for specific, commonly-
used efficiency measures;
``(E) specify the extent to which electricity savings and
natural gas savings attributable to measures carried out
before July 1, 2007, are eligible to receive credits under
this section; and
``(F) exclude savings that--
``(i) are not properly attributable to measures carried out
by the entity seeking the credit (or a designated agent of
the entity); or
``(ii) have already been credited under this section to
another entity; and
``(2) procedures and standards for third-party verification
of reported electricity savings or natural gas savings.
``(d) Credit and Trading System.--
``(1) Credit regulations.--
``(A) In general.--Not later than June 30, 2009, the
Secretary shall promulgate regulations regarding--
``(i) the issuance of credits under this section;
``(ii) a national credit trading system; and
``(iii) a system for independent monitoring of the market
for the credits.
``(B) Limitations.--In promulgating regulations under
subparagraph (A), the Secretary may establish such
limitations as the Secretary determines to be appropriate
with respect to the extent to which a retail electricity or
natural gas distributor may achieve compliance with
subsection (b) by submitting credits issued for electricity
or natural gas savings that are not customer facility savings
at a facility served by the retail electricity or natural gas
distributor.
``(C) Requirement.--In promulgating regulations under
subparagraph (A), the Secretary shall provide for the
issuance of appropriate credits for the mechanical output of
new combined heat and power systems.
``(2) Issuance of credits.--In accordance with the
regulations promulgated under paragraph (1), the Secretary
shall issue credits for--
``(A) verified electricity and natural gas savings achieved
by a retail electricity or natural gas distributor in a
certain calendar year; and
``(B) verified electricity and natural gas savings achieved
by other entities (including State agencies), if--
``(i)(I) no retail electricity or natural gas distributor
paid a substantial portion of the cost of achieving the
savings; or
``(II) if a retail electricity or natural gas distributor
paid a substantial portion of the cost of achieving the
savings, the retail electricity or natural gas distributor
has waived any entitlement to the credit; and
``(ii) the measures used to achieve the verified
electricity and natural gas savings were installed or placed
in operation by the entity seeking certification (or a
designated agent of the entity).
``(3) Value of credits.--A credit issued by the Secretary
under this subsection shall have a value of--
``(A) 1,000 kilowatt-hours, in the case of an electricity
savings credit; or
``(B) 10 therms, in the case of a natural gas savings
credit.
``(4) Fee.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall charge the recipient of a credit under this
section a fee in an amount equal to, as determined by the
Secretary, the administrative costs of issuing, recording,
monitoring the sale or exchange of, and receiving the credit.
``(B) Maximum amount.--Notwithstanding subparagraph (A),
the amount of a fee under this paragraph shall be not more
than, as applicable--
``(i) $1 for a electric credit; or
``(ii) $0.10 for a natural gas credit.
``(C) Use of funds.--The Secretary shall use fees received
under this paragraph for the administrative costs of carrying
out this subsection.
``(5) Credit sale and use.--In accordance with regulations
promulgated under paragraph (1), any entity that receives a
credit under this section may--
``(A) sell or transfer the credit to any other entity; or
``(B) use the credit to achieve compliance with the
performance standard under subsection (b).
``(e) Buyout Option.--In lieu of submitting credits to
achieve compliance with an applicable performance standard
under subsection (b) for a calendar year, a retail
electricity or natural gas distributor may pay to the
Secretary, by not later than March 31 of the following
calendar year, a buyout fee in an amount equal to, as
adjusted for inflation in accordance with such regulations as
the Secretary may promulgate--
``(1) $20 for each electricity savings credit otherwise
required to be submitted by the retail electricity or natural
gas distributor; or
``(2) $2 for each natural gas savings credit otherwise
required to be submitted by the retail electricity or natural
gas distributor.
``(f) State Administration.--On receipt of an application
from the Governor of a State, the Secretary may authorize the
State to administer and enforce an energy efficiency program
in the State in lieu of the program under this section, if
the Secretary determines that the State program will achieve
electricity savings and natural gas savings at least
equivalent to the electricity savings and natural gas savings
that would be required to be achieved by electricity and
natural gas distributors in the State under this section.
``(g) Information and Reports.--In accordance with section
13 of the Federal Energy Administration Act of 1974 (15
U.S.C. 774), the Secretary may require any retail electricity
or natural gas distributor or other entity that receives a
credit under this section, and any other entity as the
Secretary determines to be necessary, to provide such
information and reports, and access to any records or
facility of the entity, as the Secretary determines to be
appropriate to carry out this section.
``(h) Enforcement.--
``(1) Failure to submit credits.--Except in a case in which
a State program is carried out in lieu of the program under
this section under subsection (f), if a retail electricity or
natural gas distributor fails to submit to the Secretary any
credit required for compliance with the applicable
performance standard under subsection (b), or to pay to the
Secretary an applicable buyout payment under subsection (e),
the Secretary shall assess against the retail electricity or
natural gas distributor a civil penalty for each such failure
in an amount equal to, as adjusted for inflation in
accordance with such regulations as the Secretary may
promulgate--
``(A) $100 for each electricity savings credit or buyout
payment failed to be made by the retail electricity or
natural gas distributor; or
``(B) $10 for each natural gas savings credit or buyout
payment failed to be made by the retail electricity or
natural gas distributor.
``(2) Procedure.--The procedures under section 31(c) of the
Federal Power Act (16 U.S.C. 823b(c)) shall apply to a civil
penalty assessed under paragraph (1).
``(i) State Law.--Nothing in this section supersedes or
otherwise affects any State or local law (including
regulations) relating to electricity savings or natural gas
savings, to the extent that the State or local law requires
equal or greater electricity savings or natural gas saving
than the savings required by this section.''.
______
SA 1657. Mr. ISAKSON submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting
[[Page 16373]]
new emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
On page 251, line 14, strike ``(e)'' and insert the
following:
(e) Alternative Fuel Economy Standards for Low Volume
Manufacturers and New Entrants.--Section 32902(d) of title
49, United States Code, is amended to read as follows:
``(d) Alternative Average Fuel Economy Standard.--
``(1) In general.--Upon the application of an eligible
manufacturer, the Secretary of Transportation may prescribe
an alternative average fuel economy standard for automobiles
manufactured by that manufacturer if the Secretary determines
that--
``(A) the applicable standard prescribed under subsection
(a), (b), or (c) is more stringent than the maximum feasible
average fuel economy level that manufacturer can achieve; and
``(B) the alternative average fuel economy standard
prescribed under this subsection is the maximum feasible
average fuel economy level that manufacturer can achieve.
``(2) Application of alternative standard.--The Secretary
may provide for the application of an alternative average
fuel economy standard prescribed under paragraph (1) to--
``(A) the manufacturer that applied for the alternative
average fuel economy standard;
``(B) all automobiles to which this subsection applies; or
``(C) classes of automobiles manufactured by eligible
manufacturers.
``(3) Importers.--Notwithstanding paragraph (1), an
importer registered under section 30141(c) may not be
exempted as a manufacturer under paragraph (1) for an
automobile that the importer--
``(A) imports; or
``(B) brings into compliance with applicable motor vehicle
safety standards prescribed under chapter 301 for an
individual described in section 30142.
``(4) Application.--The Secretary of Transportation may
prescribe the contents of an application for an alternative
average fuel economy standard.
``(5) Eligible manufacturer defined.--In this section, the
term `eligible manufacturer' means a manufacturer that--
``(A) is not owned in part or in whole by another
manufacturer that sold greater than 0.5 percent of the number
of automobiles sold in the United States in the model year
prior to the model year to which the application relates.
``(B) sold in the United States fewer than 0.5 percent of
the number of automobiles sold in the United States in the
model year that is 2 years before the model year to which the
application relates; and
``(C) will sell in the United States fewer than 0.5 percent
of the automobiles sold in the United States for the model
year for which the alternative average fuel economy standard
will apply.''.
(f)
______
SA 1658. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. USE OF COASTAL IMPACT ASSISTANCE TO IMPROVE
HURRICANE OR FLOOD PROTECTION IN RESPONSE TO
HURRICANE KATRINA OR RITA.
Section 31(d)(3) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1356a(d)(3)) is amended--
(1) by striking ``Not'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
no''; and
(2) by adding at the end the following:
``(B) Use for hurricane or flood protection in response to
certain hurricanes.--Subparagraph (A) shall not apply to the
extent that the 1 or more purposes are designed to improve
the level of hurricane or flood protection in an area
declared to be a major disaster in accordance with section
401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) in response to Hurricane
Katrina or Rita during calendar year 2005.''.
______
SA 1659. Mr. SUNUNU submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SECTION _. CREDIT FOR BIOMASS FUEL PROPERTY EXPENDITURES.
(a) Allowance of Credit.--Subsection (a) of section 25D
(relating to allowance of credit), as amended by this Act, is
amended--
(1) by striking ``and'' at the end of paragraph (3),
(2) by striking the period at the end of paragraph (4) and
inserting ``, and'', and
(3) by adding at the end the following new paragraph:
``(5) 30 percent of the qualified biomass fuel property
expenditures made by the taxpayer during such year.''.
(b) Maximum Credit.--Paragraph (1) of section 25D(b)
(relating to maximum credit), as amended by this Act, is
amended--
(1) by striking ``and'' at the end of subparagraph (C),
(2) by striking the period at the end of subparagraph (D)
and inserting ``, and'', and
(3) by adding at the end the following new subparagraph:
``(E) $4,000 with respect to any qualified biomass fuel
property expenditures.''.
(c) Maximum Expenditures.--Subparagraph (A) of section
25D(e)(4) (relating to maximum expenditures in case of joint
occupancy) is amended--
(1) by striking ``and'' at the end of clause (ii),
(2) by striking the period at the end of clause (iii) and
inserting ``, and'', and
(3) by adding at the end the following new clause:
``(iv) $13,334 in the case of any qualified biomass fuel
property expenditures.''.
(d) Qualified Biomass Fuel Property Expenditures.--
Subsection (d) of section 25D (relating to definitions), as
amended by this Act, is amended by adding at the end the
following new paragraph:
``(5) Qualified biomass fuel property expenditure.--
``(A) In general.--The term `qualified biomass fuel
property expenditure' means an expenditure for property--
``(i) which uses the burning of biomass fuel to heat a
dwelling unit located in the United States and used as a
residence by the taxpayer, or to heat water for use in such a
dwelling unit, and
``(ii) which has a thermal efficiency rating of at least 75
percent.
``(B) Biomass fuel.--For purposes of this section, the term
`biomass fuel' means any plant-derived fuel available on a
renewable or recurring basis, including agricultural crops
and trees, wood and wood waste and residues (including wood
pellets), plants (including aquatic plants), grasses,
residues, and fibers.''.
(e) Effective Date.--The amendments made by this subsection
shall apply to expenditures paid or incurred in taxable years
beginning after December 31, 2007.
______
SA 1660. Mr. INHOFE (for himself and Mrs. Clinton) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
Strike sections 402 through 404 and insert the following:
SEC. 402. COST-EFFECTIVE AND GEOTHERMAL HEAT PUMP TECHNOLOGY
ACCELERATION PROGRAM.
(a) Definition of Administrator.--In this section, the term
``Administrator'' means the Administrator of General
Services.
(b) Establishment.--
(1) In general.--The Administrator shall establish a
program to accelerate the use of more cost-effective
technologies and practices and geothermal heat pumps at GSA
facilities.
(2) Requirements.--The program established under this
subsection shall--
(A) ensure centralized responsibility for the coordination
of cost reduction-related and geothermal heat pump-related
recommendations, practices, and activities of all relevant
Federal agencies;
(B) provide technical assistance and operational guidance
to applicable tenants to achieve the goal identified in
subsection (c)(2)(B)(ii); and
(C) establish methods to track the success of Federal
departments and agencies with respect to that goal.
(c) Accelerated Use of Technologies.--
(1) Review.--
(A) In general.--As part of the program under this section,
not later than 90 days
[[Page 16374]]
after the date of enactment of this Act, the Administrator
shall conduct a review of--
(i) current use of cost-effective lighting technologies and
geothermal heat pumps in GSA facilities; and
(ii) the availability to managers of GSA facilities of
cost-effective lighting technologies and geothermal heat
pumps.
(B) Requirements.--The review under subparagraph (A)
shall--
(i) examine the use of cost-effective lighting
technologies, geothermal heat pumps, and other cost-effective
technologies and practices by Federal agencies in GSA
facilities; and
(ii) as prepared in consultation with the Administrator of
the Environmental Protection Agency, identify cost-effective
lighting technology and geothermal heat pump technology
standards that could be used for all types of GSA facilities.
(2) Replacement.--
(A) In general.--As part of the program under this section,
not later than 180 days after the date of enactment of this
Act, the Administrator shall establish, using available
appropriations, a cost-effective lighting technology and
geothermal heat pump technology acceleration program to
achieve maximum feasible replacement of existing lighting,
heating, cooling technologies with cost-effective lighting
technologies and geothermal heat pump technologies in each
GSA facility.
(B) Acceleration plan timetable.--
(i) In general.--To implement the program established under
subparagraph (A), not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a
timetable, including milestones for specific activities
needed to replace existing lighting, heating, cooling
technologies with cost-effective lighting technologies and
geothermal heat pump technologies, to the maximum extent
feasible (including at the maximum rate feasible), at each
GSA facility.
(ii) Goal.--The goal of the timetable under clause (i)
shall be to complete, using available appropriations, maximum
feasible replacement of existing lighting, heating, and
cooling technologies with cost-effective lighting
technologies and geothermal heat pump technologies by not
later than the date that is 5 years after the date of
enactment of this Act.
(d) GSA Facility Technologies and Practices.--Not later
than 180 days after the date of enactment of this Act, and
annually thereafter, the Administrator shall--
(1) ensure that a manager responsible for accelerating the
use of cost-effective technologies and practices and
geothermal heat pump technologies is designated for each GSA
facility; and
(2) submit to Congress a plan, to be implemented to the
maximum extent feasible (including at the maximum rate
feasible) using available appropriations, by not later than
the date that is 5 years after the date of enactment of this
Act, that--
(A) with respect to cost-effective technologies and
practices--
(i) identifies the specific activities needed to achieve a
20-percent reduction in operational costs through the
application of cost-effective technologies and practices from
2003 levels at GSA facilities by not later than 5 years after
the date of enactment of this Act; and
(ii) describes activities required and carried out to
estimate the funds necessary to achieve the reduction
described in clause (i);
(B) includes an estimate of the funds necessary to carry
out this section;
(C) describes the status of the implementation of cost-
effective technologies and practices and geothermal heat pump
technologies and practices at GSA facilities, including--
(i) the extent to which programs, including the program
established under subsection (b), are being carried out in
accordance with this subtitle; and
(ii) the status of funding requests and appropriations for
those programs;
(D) identifies within the planning, budgeting, and
construction processes, all types of GSA facility-related
procedures that inhibit new and existing GSA facilities from
implementing cost-effective technologies or geothermal heat
pump technologies;
(E) recommends language for uniform standards for use by
Federal agencies in implementing cost-effective technologies
and practices and geothermal heat pump technologies and
practices;
(F) in coordination with the Office of Management and
Budget, reviews the budget process for capital programs with
respect to alternatives for--
(i) permitting Federal agencies to retain all identified
savings accrued as a result of the use of cost-effective
technologies and geothermal heat pump technologies; and
(ii) identifying short- and long-term cost savings that
accrue from the use of cost-effective technologies and
practices and geothermal heat pump technologies and
practices;
(G)(i) with respect to geothermal heat pump technologies,
achieves substantial operational cost savings through the
application of the technologies; and
(ii) with respect to cost-effective technologies and
practices, achieves cost savings through the application of
cost-effective technologies and practices sufficient to pay
the incremental additional costs of installing the cost-
effective technologies and practices by not later than the
date that is 5 years after the date of installation; and
(H) includes recommendations to address each of the
matters, and a plan for implementation of each
recommendation, described in subparagraphs (A) through (G).
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section, to remain available until expended.
SEC. 403. ENVIRONMENTAL PROTECTION AGENCY DEMONSTRATION GRANT
PROGRAM FOR LOCAL GOVERNMENTS.
(a) Grant Program.--
(1) In general.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall establish a demonstration program
under which the Administrator shall provide competitive
grants to assist local governments (such as municipalities
and counties), with respect to local government buildings--
(A) to deploy cost-effective technologies and practices;
and
(B) to achieve operational cost savings, through the
application of cost-effective technologies and practices, as
verified by the Administrator.
(2) Cost sharing.--
(A) In general.--The Federal share of the cost of an
activity carried out using a grant provided under this
section shall be 40 percent.
(B) Waiver of non-federal share.--The Administrator may
waive up to 100 percent of the local share of the cost of any
grant under this section should the Administrator determine
that the community is economically distressed, pursuant to
objective economic criteria established by the Administrator
in published guidelines.
(3) Maximum amount.--The amount of a grant provided under
this subsection shall not exceed $1,000,000.
(b) Guidelines.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall issue
guidelines to implement the grant program established under
subsection (a).
(2) Requirements.--The guidelines under paragraph (1) shall
establish--
(A) standards for monitoring and verification of
operational cost savings through the application of cost-
effective technologies and practices reported by grantees
under this section;
(B) standards for grantees to implement training programs,
and to provide technical assistance and education, relating
to the retrofit of buildings using cost-effective
technologies and practices; and
(C) a requirement that each local government that receives
a grant under this section shall achieve facility-wide cost
savings, through renovation of existing local government
buildings using cost-effective technologies and practices, of
at least 40 percent as compared to the baseline operational
costs of the buildings before the renovation (as calculated
assuming a 3-year, weather-normalized average).
(c) Compliance With State and Local Law.--Nothing in this
section or any program carried out using a grant provided
under this section supersedes or otherwise affects any State
or local law, to the extent that the State or local law
contains a requirement that is more stringent than the
relevant requirement of this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2007 through 2012.
(e) Reports.--
(1) In general.--The Administrator shall provide annual
reports to Congress on cost savings achieved and actions
taken and recommendations made under this section, and any
recommendations for further action.
(2) Final report.--The Administrator shall issue a final
report at the conclusion of the program, including findings,
a summary of total cost savings achieved, and recommendations
for further action.
(f) Termination.--The program under this section shall
terminate on September 30, 2012.
SEC. 404. DEFINITIONS.
In this subtitle:
(1) Cost-effective lighting technology.--
(A) In general.--The term ``cost-effective lighting
technology'' means a lighting technology that--
(i) will result in substantial operational cost savings by
ensuring an installed consumption of not more than 1 watt per
square foot; or
(ii) is contained in a list under--
(I) section 553 of Public Law 95-619 (42 U.S.C. 8259b); and
(II) Federal acquisition regulation 23-203.
(B) Inclusions.--The term ``cost-effective lighting
technology'' includes--
(i) lamps;
(ii) ballasts;
(iii) luminaires;
(iv) lighting controls;
(v) daylighting; and
(vi) early use of other highly cost-effective lighting
technologies.
[[Page 16375]]
(2) Cost-effective technologies and practices.--The term
``cost-effective technologies and practices'' means a
technology or practice that--
(A) will result in substantial operational cost savings by
reducing utility costs; and
(B) complies with the provisions of section 553 of Public
Law 95-619 (42 U.S.C. 8259b) and Federal acquisition
regulation 23-203.
(3) Operational cost savings.--
(A) In general.--The term ``operational cost savings''
means a reduction in end-use operational costs through the
application of cost-effective technologies and practices or
geothermal heat pumps, including a reduction in electricity
consumption relative to consumption by the same customer or
at the same facility in a given year, as defined in
guidelines promulgated by the Administrator pursuant to
section 403(b), that achieves cost savings sufficient to pay
the incremental additional costs of using cost-effective
technologies and practices or geothermal heat pumps by not
later than--
(i) for cost-effective technologies and practices, the date
that is 5 years after the date of installation; and
(ii) for geothermal heat pumps, as soon as practical after
the date of installation of the applicable geothermal heat
pump.
(B) Inclusions.--The term ``operational cost savings''
includes savings achieved at a facility as a result of--
(i) the installation or use of cost-effective technologies
and practices; or
(ii) the planting of vegetation that shades the facility
and reduces the heating, cooling, or lighting needs of the
facility.
(C) Exclusion.--The term ``operational cost savings'' does
not include savings from measures that would likely be
adopted in the absence of cost-effective technology and
practices programs, as determined by the Administrator.
(4) Geothermal heat pump.--The term ``geothermal heat
pump'' means any heating or air conditioning technology
that--
(A) uses the ground or ground water as a thermal energy
source to heat, or as a thermal energy sink to cool, a
building; and
(B) meets the requirements of the Energy Star program of
the Environmental Protection Agency applicable to geothermal
heat pumps on the date of purchase of the technology.
(5) GSA facility.--
(A) In general.--The term ``GSA facility'' means any
building, structure, or facility, in whole or in part
(including the associated support systems of the building,
structure, or facility) that--
(i) is constructed (including facilities constructed for
lease), renovated, or purchased, in whole or in part, by the
Administrator for use by the Federal Government; or
(ii) is leased, in whole or in part, by the Administrator
for use by the Federal Government--
(I) except as provided in subclause (II), for a term of not
less than 5 years; or
(II) for a term of less than 5 years, if the Administrator
determines that use of cost-effective technologies and
practices would result in the payback of expenses.
(B) Inclusion.--The term ``GSA facility'' includes any
group of buildings, structures, or facilities described in
subparagraph (A) (including the associated energy-consuming
support systems of the buildings, structures, and
facilities).
(C) Exemption.--The Administrator may exempt from the
definition of ``GSA facility'' under this paragraph a
building, structure, or facility that meets the requirements
of section 543(c) of Public Law 95-619 (42 U.S.C. 8253(c)).
______
SA 1661. Mr. CARPER submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. MODIFICATION OF EMISSION STANDARD FOR NEW QUALIFIED
ADVANCED LEAN BURN MOTOR VEHICLE CREDIT.
Subclause (I) of section 30B(c)(3)(A)(iv) of the Internal
Revenue Code of 1986 is amended by inserting ``(the Bin 8
Tier II emission standard so established in the case of a
2009 model vehicle)'' after ``model year vehicle''.
______
SA 1662. Ms. KLOBUCHAR (for herself, Mr. Bond, Mr. Nelson of
Nebraska, Mr. Voinovich, Mr. Kerry, and Mr. Hagel) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 131. RENEWABLE FUELS INFRASTRUCTURE DEVELOPMENT.
(a) Definition of Renewable Fuel.--In this section, the
term ``renewable fuel'' means--
(1) any fuel at least 85 percent of the volume of which
consists of ethanol; and
(2) any mixture of biodiesel (as defined in section
40A(d)(1) of the Internal Revenue Code of 1986) and diesel
fuel (as defined in section 4083(a)(3) of that Code),
determined without regard to any use of kerosene, that
contains at least 20 percent biodiesel.
(b) Infrastructure Development Grant Program.--
(1) In general.--The Secretary shall establish a program
under which the Secretary shall provide grants to retail and
wholesale motor fuel dealers and other entities for the
installation, replacement, or conversion of motor fuel
storage and dispensing infrastructure that will be used
exclusively to store and dispense renewable fuel, including
equipment used in the blending, distribution, and transport
of those fuels.
(2) Application.--
(A) In general.--To be eligible to receive a grant under
this subsection, an entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(B) Combined applications.--
(i) In general.--A local government entity or a nonprofit
entity may submit to the Secretary an application to receive
a grant under this subsection--
(I) on behalf of a group of retailers within a certain
geographical area; or
(II) to carry out a regional or multistate deployment
project.
(ii) Inclusions.--An application under clause (i) shall
include--
(I) a description of the proposed project of the local
government entity or a nonprofit entity;
(II) a certification of the ability of the local government
entity or nonprofit entity to provide the non-Federal share
of the cost of the proposed project, as required under
subsection (e); and
(III) a list containing the name and location of each
retailer that will receive the funds.
(c) Retail Technical and Marketing Assistance.--
(1) In general.--The Secretary shall offer to enter into
contracts with entities with demonstrated experience in
assisting retail fueling stations in installing refueling
systems and marketing renewable fuels nationally, for the
provision of technical and marketing assistance to recipients
of grants under this section.
(2) Inclusions.--Assistance provided under paragraph (1)
shall include--
(A) technical advice relating to compliance with applicable
Federal and State environmental requirements;
(B) help in identifying supply sources and securing long-
term contracts; and
(C) the provision of public outreach, education, and
labeling materials.
(3) Allocation.--Of amounts made available to carry out the
grant program under subsection (b), the Secretary shall
reserve not less than 15 percent for the provision of
technical and marketing assistance under this subsection.
(d) Selection Criteria.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall establish
criteria for evaluating applications for grants under this
section in a manner that will maximize the availability and
use of renewable fuels, including criteria that provide for
priority consideration for applications that, as determined
by the Secretary--
(1) are most likely to maximize displacement of petroleum
consumption, measured as a total quantity and a percentage;
(2) are best able to incorporate existing infrastructure
while maximizing, to the extent practicable, the use of
renewable fuels; and
(3) demonstrate--
(A) the greatest commitment on the part of the applicant to
ensure funding for the proposed project; and
(B) the greatest likelihood that the project will be
maintained or expanded after the assistance provided under
this section is expended.
(e) Limitation.--The amount of assistance provided to an
entity under this section shall not exceed, as applicable--
(1) an amount equal to 20 percent of the estimated cost of
the installation, replacement, or conversion of motor fuel
storage and dispensing infrastructure; or
(2) $100,000 for a combination of equipment at any retail
outlet location.
(f) Regulations.--The Secretary shall promulgate such
regulations as the Secretary determines to be necessary to
carry out this section, including regulations requiring
entities that receive assistance under this section--
[[Page 16376]]
(1) to provide to the public renewable fuel;
(2) to establish a marketing plan that informs consumers of
the price and availability of the renewable fuel;
(3) to clearly label renewable fuel dispensers and related
equipment; and
(4) to submit to the Secretary periodic reports on the
status of--
(A) the renewable fuel sales of the entity;
(B) the type and quantity of renewable fuel dispensed at
each location of the entity; and
(C) the average price of the renewable fuel.
(g) Notification Requirements.--
(1) In general.--On or before the date on which an
renewable fuel station for which assistance is provided under
this section opens to offer renewable fuel to the public, the
owner or operator of the station shall submit to the
Secretary a notice of the opening.
(2) Action by secretary.--On receipt of a notice under
paragraph (1), the Secretary shall include the name and
location of the applicable renewable fuel station on a list
to be published and maintained on the website of the
Secretary.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$25,000,000, to remain available until expended.
______
SA 1663. Mr. MARTINEZ submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 27, after line 23, add the following:
SEC. 1__. SUBSTANTIALLY SIMILAR FUELS.
(a) Treatment of Certain Gasoline.--Section 211(f)(1) of
the Clean Air Act (42 U.S.C. 7545(f)(1) is amended by adding
at the end the following:
``(C) Treatment of certain gasoline.--
``(i) In general.--For the purpose of this subsection,
gasoline described in clause (ii) shall be considered to be
substantially similar to any fuel or fuel additive used in
the certification of any model year 1975 vehicle or engine.
``(ii) Description of gasoline.--Gasoline referred to in
clause (i) is gasoline that contains--
``(I) not more than 3.7 percent oxygen, by weight, such
that the oxygen weight of gasoline is not greater than the
equivalent oxygen weight in E-10 gasoline: or
``(II) a greater quantity of oxygen, as the Administrator
may determine by regulation.''.
(b) Rulemaking.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall conduct a rulemaking to revise
regulations under section 80.27 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this
Act), promulgated under section 211(h) of the Clean Air Act
(42 U.S.C. 7545(h)), to clarify the maximum allowable
quantity of ethanol, in fuels that are considered to be
substantially similar and permitted to be introduced into
commerce under section 211(f) of that Act (42 U.S.C.
7545(f)), that may be replaced by biobutanol and other
higher-molecular-weight alcohol cosolvents.
(2) Effect of section.--Except with respect to the
rulemaking required under paragraph (1), nothing in this
section or the amendment made by subsection (a) affects
section 211(h) of the Clean Air Act (42 U.S.C. 7545(h)).
______
SA 1664. Ms. KLOBUCHAR (for herself and Ms. Cantwell) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 47, after line 23, add the following:
SEC. 131. RIGHT TO RETAIL RENEWABLE FUEL.
(a) Prohibition on Restriction of Installation of
Alternative Fuel Pumps.--Title I of the Petroleum Marketing
Practices Act (15 U.S.C. 2801 et seq.) is amended by adding
at the end the following:
``SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF
ALTERNATIVE FUEL PUMPS.
``(a) Definitions.--In this section--
``(1) the term `alternative fuel' means any fuel--
``(A) at least 85 percent of the volume (or any other
percentage, but not less than 70 percent, as determined by
the Secretary, by rule, to provide for requirements relating
to cold start, safety, or vehicle functions) of which
consists of ethanol, natural gas, compressed natural gas,
liquefied natural gas, liquefied petroleum gas, hydrogen, or
any combination of such fuels; or
``(B) that consists of any mixture of biodiesel (as defined
in section 40A(d)(1) of the Internal Revenue Code of 1986)
and diesel fuel (as defined in section 4083(a)(3) of the
Internal Revenue Code of 1986), determined without regard to
any use of kerosene and containing at least 20 percent
biodiesel; and
``(2) the term `franchise-related document' means--
``(A) a franchise under this Act; and
``(B) any other contract or directive of a franchisor
related to terms or conditions of the sale of fuel by a
franchisee.
``(b) Prohibitions.--(1) Notwithstanding any provision of a
franchise-related document in effect on the date of the
enactment of this section, a franchisee or affiliate of a
franchisee may not be restricted from--
``(A) installing on the marketing premises of the
franchisee an alternative fuel pump;
``(B) converting an existing tank and pump on the marketing
premises of the franchisee for alternative fuel use;
``(C) advertising (including through the use of signage or
logos) the sale of any alternative fuel; or
``(D) selling alternative fuel in any specified area on the
marketing premises of the franchisee (including any area in
which a name or logo of a franchisor or any other entity
appears).
``(2)(A) Any restriction described in paragraph (1) that is
contained in a franchise-related document and in effect on
the date of enactment of this section--
``(i) shall be considered to be null and void as of that
date; and
``(ii) may not be enforced under section 105.
``(B)(i) It shall be an unfair or deceptive act or practice
in or affecting commerce (within the meaning of subsections
(a)(1) and (n) of section 5 of the Federal Trade Commission
Act (15 U.S.C. 45)) for any person to violate the
requirements of this section. For purposes of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.), including any
remedy or penalty applicable to any violation of such Act,
such a violation shall be treated as a violation of a rule
under such Act respecting unfair or deceptive acts or
practices.
``(ii) The Federal Trade Commission shall enforce the
requirements of this section. All of the functions and powers
of the Federal Trade Commission under the Federal Trade
Commission Act are available to the Commission to enforce
compliance by any person subject to the jurisdiction of the
Commission with the requirements imposed under this section.
``(c) Exception to 3-Grade Requirement.--A franchise-
related document that requires that 3 grades of gasoline be
sold by the applicable franchisee shall not prevent the
franchisee from selling an alternative fuel instead of 1
grade of gasoline.''.
(b) Conforming Amendments.--
(1) In general.--Section 101(13)(C) of the Petroleum
Marketing Practices Act (15 U.S.C. 2801(13)(C)) is amended by
striking ``(C)'' and all that follows through ``failure'' and
inserting the following:
``(C) any failure''.
(2) Table of contents.--The table of contents for such Act
(15 U.S.C. 2801 note) is amended by inserting after the item
relating to section 106 the following:
``Sec. 107. Prohibition on restriction of installation of alternative
fuel pumps.''.
______
SA 1665. Mr. SALAZAR (for himself and Mr. Brown) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
Beginning on page 117, strike line 21 and all that follows
through page 118, line 7, and insert the following:
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall establish a
research and development program to determine ways in which--
(1) the weight of vehicles may be reduced to improve fuel
efficiency without compromising passenger safety;
(2) new materials (including cast metal composite
materials) with a higher strength to weight ratio may be
developed;
(3) the cost of lightweight materials (such as steel
alloys, fiberglass, and metal and carbon composites) required
for the construction of lighter-weight vehicles may be
reduced; and
(4) the efficiency of automated manufacturing processes to
produce materials with a higher strength to weight ratio may
be improved.
[[Page 16377]]
______
SA 1666. Mr. INHOFE (for himself, Mr. Burr, and Mrs. Dole) submitted
an amendment intended to be proposed to amendment SA 1502 proposed by
Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on
foreign oil by investing in clean, renewable, and alternative energy
resources, promoting new emerging energy technologies, developing
greater efficiency, and creating a Strategic Energy Efficiency and
Renewables Reserve to invest in alternative energy, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title I, add the following:
SEC. 113. AGRICULTURE EQUITY.
(a) Assessment of Food and Feed Availability.--
(1) In general.--The Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall conduct an assessment of the
availability of corn for food and feed uses by not later than
July 31 and November 30 of each calendar year after the date
of enactment of this Act.
(2) Regional weather conditions.--
(A) In general.--Not later than August 1, 2007, and
annually thereafter, the Administrator, in consultation with
the Secretary of Agriculture, the Secretary of Commerce, and
the Association of American Feed Control Officials, shall
submit to Congress, and publish in the Federal Register, an
assessment of the Administrator regarding--
(i) regional weather conditions during the current crop
year; and
(ii) the impact of the conditions on projected local corn
supplies.
(B) Factors for consideration.--In conducting the
assessment under subparagraph (A), the Administrator shall
take into consideration, as applicable--
(i) the impacts of drought, including reduced
precipitation;
(ii) the impacts of flooding, including increased
precipitation; and
(iii) projected local demand for corn during the following
crop year.
(3) Estimates.--
(A) In general.--Not later than December 1, 2007, and
annually thereafter, the Administrator shall conduct an
assessment of the most current estimates of the ratio that,
with respect to the marketing year beginning in September of
the calendar year in which the assessment is conducted--
(i) United States domestic ending stocks of corn; bears to
(ii) total use of corn.
(B) Factors for consideration.--In conducting the
assessment under subparagraph (A), the Administrator shall
take into consideration, and rely on, the data published by
the Secretary of Agriculture in the monthly report entitled
``World Agricultural Supply and Demand Estimates'' (or
similar public and authoritative estimates provided by the
Secretary of Agriculture).
(b) Potential Economic and Consumer Harm Assessment.--
(1) Regional weather conditions.--If the Administrator
determines that an assessment of the Administrator under
subsection (a)(2) indicates that there is a reasonable
likelihood that the ratio described in subsection (a)(3)(A)
will be equal to or less than 0.10, the Administrator shall
publish the determination in the Federal Register by not
later than 14 days after the date on which the determination
is made.
(2) Estimates.--If the Administrator determines that an
assessment of the Administrator under subsection (a)(3)
indicates that there is a reasonable likelihood that the
ratio described in subsection (a)(3)(A) will be equal to or
less than 0.10, the Administrator, in consultation with the
Secretary and the Secretary of Agriculture, shall publish, by
not later than 14 days after the date on which the
determination is made, the intention of the Administrator to
request the President to modify a portion of the requirement
described in section 111(a)(2).
(3) Regional disruption.--If the Administrator determines
that an assessment of the Administrator under subsection
(a)(2) indicates that a regional disruption to the
availability of feed corn with respect to livestock producers
will occur, the Administrator, in consultation with the
Secretary of Agriculture, shall develop and implement a plan
to ensure that regional food and feed supplies are
maintained, to the maximum extent practicable, including
through adjustments to the applicable renewable fuels
standard under section 111(a) in the affected region.
(c) Actions to Prevent Economic and Consumer Harm.--
(1) In general.--Subject to paragraph (2), the
Administrator may submit to the President a petition to
request a modification of a requirement under the renewable
fuels standard under section 111(a) in a quantity of gallons
sufficient to ensure, to the maximum extent practicable, that
the ratio described in subsection (a)(3)(A) will be at least
0.10.
(2) Limitation.--A requirement under the renewable fuels
standard under section 111(a) shall not be reduced by more
than 15 percent during any calendar year.
(3) Effective period.--A modification under paragraph (1)
shall be effective during the 1-year period beginning on the
effective date of the modification.
(d) Public Participation.--
(1) In general.--The Administrator shall--
(A) make each assessment conducted, and each modification
provided, pursuant to this section available to the public;
and
(B) provide an opportunity for public comment relating to
each assessment and modification for a period of not more
than 30 days.
(2) Modifications.--Not later than 14 days after the end of
the comment period described in paragraph (1)(B), the
President shall promulgate the modification that is the
subject to the comment period, unless the President, in
consultation with the Administrator, determines that clear
and compelling evidence demonstrates that the modification
would not have a material effect on the quantity of corn
available for food and feed use.
______
SA 1667. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 23, between lines 22 and 23, insert the following:
(iii) Treatment of certain refiners and refineries.--
(I) In general.--A refiner shall be eligible for an
extension of an exemption under clause (ii) as a small
business refiner after December 31, 2007, if the refiner
makes an election under section 179C of the Internal Revenue
Code of 1986.
(II) Small refineries.--A small refinery owned by a refiner
described in subclause (I) shall be eligible for an extension
of an exemption under clause (ii) as a small refinery after
December 31, 2007, if the refinery makes an election under
section 179C of the Internal Revenue Code of 1986.
(III) Mergers and acquisitions.--An entity that is the
result of a merger or acquisition by 1 or more refiners shall
not be eligible for an extension under subclause (I) unless
the merger or acquisition involves only refineries of small
business refiners described in that subclause.
______
SA 1668. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle C of title I, add the following:
SEC. 151. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED
GASOLINE WITH HIGHER LEVELS OF ETHANOL.
(a) In General.--The Administrator of the Environmental
Protection Agency, in cooperation with the Secretary, the
Secretary of Agriculture, and the Secretary of
Transportation, and after providing notice and an opportunity
for public comment, shall conduct a study of the feasibility
of increasing consumption in the United States of ethanol-
blended gasoline with levels of ethanol of not less than 10
percent and not more than 40 percent.
(b) Study.--The study under subsection (a) shall include--
(1) a review of production and infrastructure constraints
on increasing the consumption of ethanol;
(2) an evaluation of the economic, market, and energy
impacts of State and regional differences in ethanol blends;
(3) an evaluation of the economic, market, and energy
impacts on gasoline retailers and consumers of separate and
distinctly-labeled fuel storage facilities and dispensers;
(4) an evaluation on the environmental impacts of mid-level
ethanol blends on evaporative and exhaust emissions from on-
road, off-road and marine engines, recreational boats,
vehicles, and equipment;
(5) an evaluation of the impacts of mid-level ethanol
blends on the operation, durability and performance of
onroad, off-road, and marine engines, recreational boats,
vehicles, and equipment; and
(6) an evaluation of the safety impacts of mid-level
ethanol blends on consumers that own and operate off-road and
marine engines, recreational boats, vehicles, or equipment.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the
[[Page 16378]]
Administrator shall submit to Congress a report describing
the results of the study conducted under this section.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Administrator to carry out the
study under this section $1,000,000.
(e) Technical Amendment.--Section 211(f)(4) of the Clean
Air Act (42 U.S.C. 7545(f)(4)) is amended by striking the
last sentence and inserting the following: ``The
Administrator, after providing notice and an opportunity for
public comment, shall approve or deny an application
submitted under this paragraph by not later than 270 days
after the date of receipt of the application.''.
______
SA 1669. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. ___. EMERGENCY SERVICE ROUTE.
Section 1948 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law
109-59; 119 Stat. 1514) is repealed.
______
SA 1670. Ms. MURKOWSKI (for herself and Mr. Stevens) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
TITLE VIII--COASTAL PLAIN STRATEGIC PETROLEUM READY RESERVE
SEC. 801. SHORT TITLE.
This title may be cited as the ``Coastal Plain Strategic
Petroleum Ready Reserve Act of 2007''.
SEC. 802. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) domestic production of crude oil is in sharp decline;
(2) more than 60 percent of the oil consumed in the United
States is imported;
(3) traditional sources of foreign oil supply, including
the Middle East, are facing terrorism, armed conflicts,
instability, and political uncertainty, which increase the
vulnerability and threaten the security of the oil imports on
which the United States has become so dependent;
(4) crude oil production in Alaska, a major source of
domestic oil for the United States has decreased from
approximately 2,000,000 barrels a day in 1991 to
approximately 800,000 barrels a day in 2007;
(5) the approximately 1,500,000-acre Coastal Plain area of
the 19,000,000-acre Arctic National Wildlife Refuge is
projected to contain--
(A) a median of 10,400,000,000 barrels of oil; and
(B) very large reserves of natural gas;
(6) there are legislative measures pending in Congress to
designate all or a portion of the Coastal Plain as a
wilderness, which would prevent the large crude oil and
natural gas reserves of the Coastal Plain from being used as
a strategic petroleum reserve; and
(7) the proposed designation of the Coastal Plain as
wilderness is contrary to the critically important interests
of the security and energy policy of the United States.
(b) Purposes.--The purposes of this title are--
(1) to designate the public land of the Coastal Plain area
of the Arctic National Wildlife Refuge as a strategic
petroleum reserve;
(2) to ensure that the reserves of crude oil and natural
gas in the Coastal Plain are ready, but not actually made
available until authorized by Act of Congress, for commercial
production; and
(3) in recognition of the long lead times in Alaska
associated with the transition from expressions of industry
interest in leasing, exploration, and development of crude
oil and natural gas to the actual leasing, exploration, and
development, to authorize seismic and exploration activities
in the Coastal Plain so that production of crude oil and
natural gas can proceed in the Coastal Plain if Congress
determines, after the date of enactment of this Act, that
production of oil and natural gas in the Coastal Plain is
necessary based on--
(A) the need for domestic oil; and
(B) political uncertainties and instability in major
producing regions of the world.
SEC. 803. DEFINITIONS.
In this title:
(1) Coastal plain.--The term ``Coastal Plain'' means--
(A) the approximately 1,500,000 acres of land described in
Appendix I to part 37 of subchapter C of chapter 1 of title
50, Code of Federal Regulations; and
(B) land within the exterior boundaries of the Refuge that
is north of the area described in subparagraph (A).
(2) Exploratory activity.--The term ``exploratory
activity'' means an activity described in subparagraph (A),
(B), or (C) of section 804(c)(1).
(3) Final statement.--The term ``Final Statement'' means
the final legislative environmental impact statement on the
Coastal Plain, dated April 1987, and prepared pursuant to
section 1002 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3142) and section 102(2)(C) of
the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
(4) Refuge.--The term ``Refuge'' means the Arctic National
Wildlife Refuge in the State.
(5) Reserve.--The term ``Reserve'' means the Coastal Plain
Strategic Petroleum Ready Reserve designated by section
804(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Alaska.
(8) Winter.--The term ``winter'' means the applicable
period of time defined for the winter season by the State
Department of Natural Resources.
SEC. 804. COASTAL PLAIN STRATEGIC PETROLEUM READY RESERVE.
(a) In General.--The public land in the Coastal Plain is
designated as the Coastal Plain Strategic Petroleum Ready
Reserve.
(b) Administration.--The public land in the Reserve shall
be administered by the Secretary in accordance with--
(1) any law applicable to the Coastal Plain; and
(2) this title.
(c) Authorized Exploratory Activities.--
(1) In general.--To enable the Secretary to expeditiously
open the Coastal Plain to oil and natural gas production if
Congress authorizes such production in the Reserve in
accordance with section 807, beginning not later than winter
2008, the Secretary shall conduct, or shall enter into 1 or
more contracts with other Federal agencies or private
entities for the conduct of the following activities on
public land in the Reserve and private land of the Kaktovik
Inupiat Corporation or the Arctic Slope Regional Corporation
in the Coastal Plain:
(A) Seismic exploration activities.
(B) Exploratory drilling to delineate the locations and
provide firm estimates of the quantities of oil and natural
gas holdings.
(C) The provision of any infrastructure necessary for the
exploratory activities.
(2) Contract terms and conditions.--A contract for the
conduct of exploratory activity entered into by the Secretary
under paragraph (1) shall--
(A) provide that the Secretary may close, on a seasonal
basis, such portions of the Coastal Plain to exploratory
drilling activities as are necessary to protect caribou
calving areas and other species of fish and wildlife;
(B) provide that the Federal Government shall be fully
responsible and liable for the reclamation of land within the
Coastal Plain and any other Federal land that is adversely
affected in connection with exploratory activities within the
Coastal Plain conducted under this title;
(C) contain terms and conditions relating to protection of
fish and wildlife, fish and wildlife habitat, subsistence
resources, and the environment as required under paragraph
(3); and
(D) contain such other provisions as the Secretary
determines to be necessary to ensure compliance with this
title and regulations issued under this title.
(3) Limitation.--Any exploratory activity authorized under
paragraph (1) shall be conducted only during the winter
unless the President authorizes the exploratory activity to
be conducted during additional periods based on a finding by
the President that there is a national oil shortage.
(4) Applicable law.--The Secretary shall conduct any
exploratory activity authorized under paragraph (1) in
accordance with applicable land use and environmental laws,
including any regulations promulgated by the Secretary to
carry out this title.
(d) Private Land Protections.--
(1) In general.--The designation of the Reserve under
subsection (a) does not affect property rights or title to
private land located within the Coastal Plain that is owned
by--
(A) the Kaktovik Inupiat Corporation; or
(B) the Arctic Slope Regional Corporation.
(2) Access.--Access to and across the Reserve, including
right-of-way access by Kaktovik Inupiat Corporation, Arctic
Slope Regional Corporation, and shareholders of the
Corporations, shall be permitted--
(A) for--
[[Page 16379]]
(i) subsistence, customary, and traditional uses; and
(ii) reasonable commercial purposes; and
(B) for access in accordance with sections 1110 and 1111 of
the Alaska National Interest Lands Conservation Act (16
U.S.C. 3170, 3171).
(3) Limitation on leasing and commercial production
activities.--
(A) In general.--The Secretary shall not conduct any oil or
natural gas production activity in the Reserve unless--
(i) the maximum quantity of surface acreage covered by
production and support facilities (including airstrips and
any area covered by gravel berms or piers for support of
pipelines) does not exceed 2,000 acres on the Coastal Plain;
(ii) the President submits to Congress--
(I) a finding that oil or natural gas production in the
Reserve is necessary for the economic or national security of
the United States; and
(II) a plan for the production and storage of oil or
natural gas produced from the Reserve; and
(iii) the oil or natural gas production is specifically
authorized by an Act of Congress in accordance with section
807.
(B) Costs.--The costs of any natural gas leasing or
commercial production activity authorized under subparagraph
(A) shall be paid by the United States.
(C) Use.--Any oil or natural gas produced in accordance
with subparagraph (A) shall be made available for sale only
in accordance with section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241).
(D) Royalties.--Any royalties or revenues from the sale of
oil or natural gas under subparagraph (C) shall be allocated
in accordance with applicable law.
(4) Infrastructure.--The Secretary may construct any
infrastructure authorized under subsection (c)(1)(C) on
private land in the Reserve only with the consent of the
owner of the private land.
SEC. 805. COMPLIANCE WITH REQUIREMENTS UNDER CERTAIN LAWS.
(a) Compatibility.--For purposes of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.)--
(1) the exploratory activities authorized in the Reserve
under this title shall be considered to be compatible with
the purposes for which the Refuge was established; and
(2) no further findings or decisions shall be required to
implement the exploratory activities.
(b) Adequacy of Final Statement.--The Final Statement shall
be considered to satisfy the requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
that apply with respect to pre-seismic and pre-exploration
drilling activities, including actions authorized to be taken
by the Secretary to develop and promulgate the regulations
for the conduct of exploratory activities authorized by this
title before the conduct of the activities.
(c) Compliance With NEPA for Other Actions.--
(1) In general.--Before conducting exploratory activities
under this title, the Secretary shall prepare an
environmental impact statement in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) with respect to the actions authorized by this title
that are not referred to in paragraph (2).
(2) Identification and analysis.--Notwithstanding any other
provision of law, in carrying out this subsection, the
Secretary shall not be required--
(A) to identify nonexploratory alternative courses of
action; or
(B) to analyze the environmental effects of those courses
of action.
(3) Identification of preferred action.--Not later than 18
months after the date of enactment of this Act, the Secretary
shall--
(A) identify only a preferred action and a single
alternative for exploratory activities; and
(B) analyze the environmental effects and potential
mitigation measures for those 2 alternatives.
(4) Public comments.--In carrying out this subsection, the
Secretary shall consider only public comments that are filed
not later than 20 days after the date of publication of an
environmental analysis.
(5) Effect of compliance.--Notwithstanding any other
provision of law, compliance with this subsection shall be
considered to satisfy all requirements for the analysis and
consideration of the environmental effects of proposed
exploratory activities under this title.
SEC. 806. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern
Authorized Coastal Plain Activities.--The Secretary shall
administer this title through regulations, terms, conditions,
restrictions, prohibitions, stipulations, and other
provisions that--
(1) ensure, to the maximum extent practicable, that
exploratory activities will result in no significant adverse
effect on fish and wildlife, fish and wildlife habitat, and
the environment of the Coastal Plain; and
(2) require the application of the best commercially
available technology for oil and gas exploration operations.
(b) Site-Specific Assessment and Mitigation.--The Secretary
shall require, with respect to any proposed exploratory
drilling activities on the Coastal Plain, that--
(1) a site-specific environmental analysis be made of the
probable effects, if any, that the drilling or related
activities will have on fish and wildlife, fish and wildlife
habitat, subsistence resources, subsistence uses, and the
environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the maximum extent practicable) any
significant adverse effect identified under paragraph (1);
and
(3) the development of the plan occur after consultation
with each agency having jurisdiction over matters mitigated
by the plan.
(c) Regulations To Protect Coastal Plain Fish and Wildlife
Resources, Subsistence Users, and the Environment.--Before
conducting any exploratory activities authorized by this
title, the Secretary shall prepare and issue regulations,
terms, conditions, restrictions, prohibitions, stipulations,
and other measures designed to ensure, to the maximum extent
practicable, that the exploratory activities carried out on
the Coastal Plain under this title are conducted in a manner
consistent with the purposes and environmental requirements
of this title.
(d) Compliance With Federal and State Environmental Laws
and Other Requirements.--The proposed regulations, terms,
conditions, restrictions, prohibitions, and stipulations for
carrying out this title shall require--
(1) compliance with all applicable provisions of Federal
and State environmental law (including regulations);
(2) implementation of and compliance with--
(A) standards that are at least as effective as the safety
and environmental mitigation measures, as described in items
1 through 29 on pages 167 through 169 of the Final Statement,
on the Coastal Plain;
(B) seasonal limitations on exploratory activities, as
necessary, to avoid significant adverse effects during
periods of concentrated fish and wildlife breeding, denning,
nesting, spawning, and migration;
(C) appropriate prohibitions or restrictions on--
(i) access by all modes of transportation;
(ii) sand and gravel extraction; and
(iii) use of explosives;
(D) reasonable stipulations for protection of cultural and
archaeological resources;
(E) measures to protect groundwater and surface water,
including--
(i) avoidance, to the maximum extent practicable, of
springs, streams, and river systems;
(ii) the protection of natural surface drainage patterns,
wetland, and riparian habitats; and
(iii) the regulation of methods or techniques for
developing or transporting adequate supplies of water for
exploratory drilling; and
(F) research, monitoring, and reporting requirements;
(3) that exploratory activities (except surface geological
studies) be limited to the period between approximately
November 1 and May 1 of each year and be supported, if
necessary, by ice roads, winter trails with adequate snow
cover, ice pads, ice airstrips, and air transport methods
(except that those exploration activities may be permitted at
other times if the Secretary determines that the exploratory
activities will have no significant adverse effect on fish
and wildlife, fish and wildlife habitat, and the environment
of the Coastal Plain);
(4) avoidance or reduction of air traffic-related
disturbance to fish and wildlife;
(5) treatment and disposal of hazardous and toxic wastes,
solid wastes, reserve pit fluids, drilling muds and cuttings,
and domestic wastewater, including, in accordance with
applicable Federal and State environmental laws (including
regulations)--
(A) preparation of an annual waste management report;
(B) development and implementation of a hazardous materials
tracking system; and
(C) prohibition on the use of chlorinated solvents;
(6) fuel storage and oil spill contingency planning;
(7) conduct of periodic field crew environmental briefings;
(8) avoidance of significant adverse effects on subsistence
hunting, fishing, and trapping;
(9) compliance with applicable air and water quality
standards;
(10) appropriate seasonal and safety zone designations
around well sites, within which subsistence hunting and
trapping shall be limited; and
(11) development and implementation of such other
protective environmental requirements, restrictions, terms,
and conditions as the Secretary determines to be necessary.
(e) Considerations.--In preparing and issuing regulations,
terms, conditions, restrictions, prohibitions, and
stipulations under this section, the Secretary shall take
into consideration--
(1) the stipulations and conditions that govern the
National Petroleum Reserve-Alaska leasing program, as set
forth in the 1999 Northeast National Petroleum Reserve-Alaska
Final Integrated Activity Plan/Environmental Impact
Statement;
[[Page 16380]]
(2) the environmental protection standards that governed
the initial Coastal Plain seismic exploration program under
parts 37.31 through 37.33 of title 50, Code of Federal
Regulations (or successor regulations); and
(3) the land use stipulations for exploratory drilling on
the KIC-ASRC private land described in Appendix 2 of the
agreement between Arctic Slope Regional Corporation and the
United States dated August 9, 1983.
(f) Facility Consolidation Planning.--
(1) In general.--After providing for public notice and
comment, the Secretary shall prepare and periodically update
a plan to govern, guide, and direct the siting and
construction of facilities for the exploration of oil and gas
resources from the Coastal Plain.
(2) Objectives.--The objectives of the plan shall be--
(A) the avoidance of unnecessary duplication of facilities
and activities;
(B) the encouragement of consolidation of common facilities
and activities;
(C) the location or confinement of facilities and
activities to areas that will minimize impact on fish and
wildlife, fish and wildlife habitat, and the environment;
(D) the use of existing facilities, to the maximum extent
practicable; and
(E) the enhancement of compatibility between wildlife
values and development activities.
SEC. 807. EXPEDITED PROCEDURE.
(a) Definition of Bill.--In this section, the term ``bill''
means only a bill to amend section 1003 of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3143) to
authorize oil or natural gas production in the Reserve.
(b) Mandatory Introduction.--Not later than 30 days after
the date of receipt from the President of a bill described in
subsection (a), the Chairperson of the Committee on Energy
and Natural Resources of the Senate and the Chairperson of
the Committee on Natural Resources of the House of
Representatives shall introduce the bill, by request.
(c) Referral to Committee.--
(1) House of representatives.--A bill described in
subsection (a) introduced in the House of Representatives
shall be referred to the Committee on Natural Resources of
the House of Representatives.
(2) Senate.--A bill described in subsection (a) introduced
in the Senate shall be referred to the Committee on Energy
and Natural Resources of the Senate.
(3) Timing.--A bill described in subsection (a) shall be
reported not earlier than 60 days after the date of
introduction of the bill.
(d) Discharge of Committee.--The committee to which a bill
described in subsection (a) is referred shall be considered
to have discharged the bill from further consideration, and
the bill shall be placed on the appropriate calendar of the
appropriate House, if the committee fails to report the bill
by the earlier of--
(1) the date that is 90 calendar days after the date of
introduction of the bill; and
(2) the end of the first day after there is reported to the
applicable House a bill described in subsection (a).
(e) Floor Consideration.--
(1) In general.--On the date on which the committee to
which a bill is referred has reported, or is considered to be
discharged from further consideration under subsection (d)--
(A) it shall be in order at any time (even if a previous
motion to the same effect has been disagreed to) for any
Member of the respective House to move to proceed to the
consideration of the bill; and
(B) all points of order against the bill (and against
consideration of the bill) are waived.
(2) Treatment of motion.--
(A) In general.--A motion under paragraph (1)(A) shall be
considered to be--
(i) highly privileged in the House of Representatives;
(ii) privileged in the Senate; and
(iii) not debatable.
(B) Amendments and other motions not allowed.--The motion
shall not be subject to--
(i) an amendment;
(ii) a motion to postpone; or
(iii) a motion to proceed to the consideration of other
business.
(C) Motions to reconsider.--A motion to reconsider the vote
by which the motion is agreed to or disagreed to shall not be
in order.
(D) Agreement to motion to proceed.--If a motion to proceed
to the consideration of the bill is agreed to, the bill shall
remain the unfinished business of the respective House until
the bill is disposed of.
(3) Debate.--
(A) In general.--Debate on the bill (including all
debatable motions and appeals in connection with the bill)
shall be limited to not more than 50 hours, which shall be
divided equally between those favoring and those opposing the
bill.
(B) Motions to further limit debate.--A motion to limit
further debate on the bill is in order and not debatable.
(C) Amendments and other motions not allowed.--The bill
shall not be subject to--
(i) an amendment;
(ii) a motion to postpone;
(iii) a motion to proceed to the consideration of other
business; or
(iv) a motion to recommit.
(D) Motions to reconsider.--A motion to reconsider the vote
by which the bill is agreed to or disagreed to is not in
order.
(4) Vote on final passage.--Immediately following the
conclusion of the debate on a bill described in subsection
(a), and a single quorum call at the conclusion of the
debate, if requested in accordance with the rules of the
appropriate House, the vote on final passage of the bill
shall occur.
(5) Rulings of the chair on procedure.--An appeal from a
decision of the Chairperson relating to the application of
the rules of the Senate or the House of Representatives, as
the case may be, to the procedure relating to a bill
described in subsection (a) shall be decided without debate.
(f) Coordination With Action by Other House.--If, before
the passage by 1 House of a bill of that House described in
subsection (a), the House receives from the other House a
bill described in subsection (a)--
(1) the bill of the other House shall not be referred to a
committee; and
(2) with respect to a bill described in subsection (a) of
the House receiving the bill--
(A) the procedure in that House shall be the same as if no
bill had been received from the other House; but
(B) the vote on final passage shall be on the bill of the
other House.
(g) Rules of House of Representatives and Senate.--This
section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such--
(A) this section is deemed to be--
(i) a part of the rules of each House, respectively; but
(ii) applicable only with respect to the procedure to be
followed in that House in the case of a bill described in
subsection (a); and
(B) this section supersedes other rules only to the extent
that this section is inconsistent with those rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 808. STRATEGIC PETROLEUM RESERVE.
(a) Establishment.--
(1) Policy.--Section 151(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6231(b)) is amended by striking
``1 billion'' and inserting ``1,500,000,000''.
(2) Level.--Section 154(a) of the Energy Policy and
Conservation Act (42 U.S.C. 6234(a)) is amended by striking
``1 billion'' and inserting ``1,500,000,000''.
(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
``1,000,000,000-barrel'' and inserting ``1,500,000,000-
barrel''.
SEC. 809. ANNUAL REPORT.
Not later than June 30, 2008, and each June 30 thereafter,
the Secretary and the Secretary of Energy shall jointly
submit to the appropriate committees of Congress a report
that describes--
(1) the volume of crude oil produced during the previous
year in--
(A) the State; and
(B) the United States;
(2) the volume of crude oil imported into the United States
during the previous year by--
(A) the country of origin; and
(B) the average price paid per barrel;
(3) the volume of petroleum products imported during the
previous year by--
(A) the country of origin; and
(B) the average price paid per barrel;
(4) the average daily throughput of crude oil for the
previous year by the trans-Alaska pipeline;
(5) updated projections of the potential and known reserves
of crude oil and natural gas located in the Reserve; and
(6) the status of the activities authorized under section
804(c)(1).
SEC. 810. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
______
SA 1671. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 277, strike beginning with line 10 through page
288, line 2, and insert the following:
SEC. 602. DEFINITIONS.
In this title:
(1) Affected area.--The term ``affected area'' means an
area covered by a Presidential declaration of energy
emergency as provided in section 606.
(2) Supplier.--The term ``supplier'' means any person
engaged in the trade or business
[[Page 16381]]
of selling or reselling, at retail or wholesale, or
distributing road transportation fuels or domestic home
heating oil.
(3) Price gouging.--The term ``price gouging'' means the
charging of an unconscionably excessive price by a supplier
in an affected area while a Presidential declaration of
energy emergency is in effect.
(4) Unconscionably excessive price.--The term
``unconscionably excessive price'' means an average price
charged in an affected area for road transportation fuels or
domestic home heating oil that--
(A)(i)(I) represents a gross disparity between the price at
which it was offered for sale in the usual course of the
supplier's business during the 30 days prior to the
President's declaration of an energy emergency; and
(II) grossly exceeds the price at which the same or similar
road transportation fuels or domestic home heating oil were
readily obtainable by purchasers from other suppliers in the
in the same relevant geographic market within the affected
area; or
(ii) represents an exercise of unfair leverage or
unconscionable means on the part of the supplier, during a
period of declared energy emergency; and
(B) is not attributable to the justifiable price increases
set forth in section 603(c).
(5) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(6) Wholesale.--The term ``wholesale'' refers to a sale
that occurs at a petroleum terminal rack or any sale
thereafter, other than a retail sale to a consumer.
SEC. 603. PROHIBITION ON PRICE GOUGING DURING ENERGY
EMERGENCIES.
(a) In General.--During any energy emergency declared by
the President under section 606, it is unlawful for any
supplier to sell, or offer to sell, road transportation fuels
or domestic home heating oil in, or for use in, the area to
which that declaration applies at an unconscionably excessive
price.
(b) Factors Considered.--In determining whether a violation
of subsection (a) has occurred, there shall be taken into
account, among other factors, whether--
(1) the price charged was a price that would reasonably
exist in a competitive and freely functioning market; and
(2) the price at which the road transportation fuel or
domestic home heating oil was sold reasonably reflects
additional costs or risks, not within the control of the
seller, that were paid or incurred by the seller.
(c) Justifiable Price Increases.--The prohibition in
subsection (a) does not apply to the extent that the increase
in the price of the road transportation fuel or domestic home
heating oil is substantially attributable to--
(1) an increase in the wholesale cost of road
transportation fuel or domestic home heating oil to a retail
seller or reseller;
(2) an increase in the replacement costs for road
transportation fuel or domestic home heating oil sold;
(3) an increase in operational costs; or
(4) local, regional, national, or international market
conditions.
SEC. 604. PROHIBITION ON MARKET MANIPULATION.
It is unlawful for any person, directly or indirectly, to
use or employ, in connection with the purchase or sale of
road transportation fuels or domestic home heating oil at
wholesale, any manipulative or deceptive device or
contrivance, in contravention of such rules and regulations
as the Commission may prescribe as necessary or appropriate
in the public interest or for the protection of United States
citizens.
SEC. 605. PROHIBITION ON FALSE INFORMATION.
It is unlawful for any person to report information related
to the wholesale price of road transportation fuels or
domestic home heating oil distillates to a Federal department
or agency if--
(1) that person knew, or reasonably should have known, the
information to be false or misleading;
(2) the information was required by law to be reported; and
(3) the person intended the false or misleading data to
affect data compiled by the Commission for statistical or
analytical purposes with respect to the market for road
transportation fuels or domestic home heating oil.
SEC. 606. PRESIDENTIAL DECLARATION OF ENERGY EMERGENCY.
(a) In General.--If the President finds that the health,
safety, welfare, or economic well-being of the citizens of
the United States is at risk because of a shortage or
imminent shortage of adequate supplies of road transportation
fuels or domestic home heating oil due to a disruption in the
national distribution system for road transportation fuels or
domestic home heating oil (including such a shortage related
to a major disaster (as defined in section 102(2) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122(2))), the President may declare that a
Federal energy emergency exists.
(b) Scope and Duration.--The emergency declaration shall
specify--
(1) the period, not to exceed 30 days, for which the
declaration applies;
(2) the circumstance or condition necessitating the
declaration; and
(3) the area or region to which it applies, which, for the
48 contiguous states may not be limited to a single State.
(c) Extensions.--The President may--
(1) extend a declaration under subsection (a) for a period
of not more than 30 days; and
(2) extend such a declaration not more than twice.
SEC. 607. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement.--This title shall be enforced by the
Federal Trade Commission in the same manner, by the same
means, and with the same jurisdiction as though all
applicable terms of the Federal Trade Commission Act were
incorporated into and made part of this title.
(b) Violation Is Unfair or Deceptive Act or Practice.--The
violation of any provision of this title shall be treated as
an unfair or deceptive act or practice proscribed under a
rule issued under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(c) Commission Actions.--Following the declaration of an
energy emergency by the President under section 606, the
Commission shall--
(1) maintain within the Commission--
(A) a toll-free hotline that a consumer may call to report
an incident of price gouging in the affected area; and
(B) a program to develop and distribute to the public
informational materials to assist residents of the affected
area in detecting and avoiding price gouging;
(2) consult with the Attorney General, the United States
Attorney for the districts in which a disaster occurred (if
the declaration is related to a major disaster), and State
and local law enforcement officials to determine whether any
supplier in the affected area is charging or has charged an
unconscionably excessive price for road transportation fuels
or domestic home heating oil in the affected area; and
(3) conduct an investigation to determine whether any
supplier in the affected area has violated section 603, and
upon such finding, take any action the Commission determines
to be appropriate to remedy the violation.
(d) Limited Preemption.--This title shall preempt State
laws only with respect to affected areas and only for the
period of time that a declaration of energy emergency issued
under section 606 is in effect. Nothing contained in this
section shall otherwise prohibit an authorized State official
from proceeding in State court to enforce a civil or criminal
statute of that State.
SEC. 608. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--A State, as parens partriae, may, on
behalf of its residents, petition the Commission to enforce
the provisions of section 603, or to impose the civil
penalties authorized by section 609 for violations of section
603, whenever the Attorney General of the State has reason to
believe that the interests of the residents of the State have
been or are being threatened or adversely affected by a
supplier engaged in the sale or resale, at retail or
wholesale, or distribution of road transportation fuel or
domestic home heating oil in violation of section 603.
(b) Notice.--The State shall petition the Commission to
enforce the provisions of section 607 by filing with the
Commission a written notice of probable violation which sets
forth the State's reasons for believing section 603 has been
violated.
(c) Required Investigation.--Upon receiving the notice
required by subsection (b), the Commission shall commence or
continue an investigation in accordance with section
607(c)(3), taking into account the claims set forth in the
State's notice of probable violation.
(d) Limitation on State Action While Federal Action Is
Pending.--If the Commission has instituted a civil action or
an administrative action for violation of this title, a State
attorney general, or official or agency of a State, may not
bring an action during the pendency of that action against
any defendant named in the complaint of the Commission or the
other agency for any violation of this title alleged in the
Commission's civil or administrative action.
(e) Limited Preemption.--This title shall preempt State
laws only with respect to affected areas and only for the
period of time that a declaration of energy emergency under
section 606 is in effect. Nothing contained in this section
shall otherwise prohibit an authorized State official from
proceeding in State court to enforce a civil or criminal
statute of that State.
SEC. 609. EFFECT ON OTHER LAWS.
(a) Other Authority of the Commission.--Nothing in this
title shall be construed to limit or affect in any way the
Commission's authority to bring enforcement actions or take
any other measure under the Federal Trade Commission Act (15
U.S.C. 41 et seq.) or any other provision of law.
(b) State Law.--Nothing in this title preempts any State
law.
______
SA 1672. Mr. SCHUMER (for himself and Mr. Kennedy) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting
[[Page 16382]]
new emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. _. COMMUTER BENEFIT EQUITY.
(a) Uniform Dollar Limitation for All Types of
Transportation Fringe Benefits.--
(1) In general.--Section 132(f)(2) of the Internal Revenue
Code of 1986 (relating to limitation on exclusion) is
amended--
(A) by striking ``$100'' in subparagraph (A) and inserting
``$200'', and
(B) by striking ``$175'' in subparagraph (B) and inserting
``$200''.
(2) Inflation adjustment conforming amendments.--
Subparagraph (A) of section 132(f)(6) of the Internal Revenue
Code of 1986 (relating to inflation adjustment) is amended--
(A) by striking the last sentence,
(B) by striking ``1999'' and inserting ``2008'', and
(C) by striking ``1998'' and inserting ``2007''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
2006.
(b) Clarification of Federal Employee Benefits.--Section
7905 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(C) by inserting ``and'' after the
semicolon;
(B) in paragraph (3) by striking ``; and'' and inserting a
period; and
(C) by striking paragraph (4); and
(2) in subsection (b)(2)(A) by amending subparagraph (A) to
read as follows:
``(A) a qualified transportation fringe as defined in
section 132(f)(1) of the Internal Revenue Code of 1986;''.
______
SA 1673. Mr. BINGAMAN (for himself, Mr. Dodd, Mr. Allard, Mr. Reed,
Mr. Crapo, Mr. Schumer, Mr. Martinez, Mr. Casey, and Mr. Bayh)
submitted an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
On page 157, line 5, strike ``and if'' and insert the
following: ``the Secretary of Housing and Urban Development
or the Secretary of Agriculture make a determination that the
revised codes do not negatively affect the availability or
affordability of new construction of assisted housing and
single family and multifamily residential housing (other than
manufactured homes) subject to mortgages insured under the
National Housing Act (12 U.S.C. 1701 et seq.) or insured,
guaranteed, or made by the Secretary of Agriculture under
title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.),
respectively, and''.
______
SA 1674. Mr. FEINGOLD submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 163, strike lines 8 and 9 and insert the following:
(b) Protection for Small Business.--Section 111(c)(3) of
the Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2621(c)(3)) is amended by striking ``subsection (d)(7) or
(8)'' and inserting ``paragraph (7), (8), (16), or (17) of
subsection (d)''.
(c) Natural Gas Utilities.--Section 303(b) of the Public
Utility Regulatory Policies Act of 1978 (15 U.S.C. * * *
On page 164, between lines 20 and 21, insert the following:
(d) Small Business Impacts.--Section 303(d) of the Public
Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(d))
is amended by striking ``subsection (b)(3) or (4)'' and
inserting ``any of paragraphs (3) through (6) of subsection
(b)''.
______
SA 1675. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end, add the following:
TITLE VIII--MISCELLANEOUS
SEC. 801. STUDY OF THE EFFECT OF PRIVATE WIRE LAWS ON THE
DEVELOPMENT OF COMBINED HEAT AND POWER
FACILITIES.
(a) Study.--
(1) In general.--The Secretary, in consultation with the
States and other appropriate entities, shall conduct a study
of the laws (including regulations) affecting the siting of
privately owned electric distribution wires on and across
public rights-of-way.
(2) Requirements.--The study under paragraph (1) shall
include--
(A) an evaluation of--
(i) the purposes of the laws; and
(ii) the effect the laws have on the development of
combined heat and power facilities;
(B) a determination of whether a change in the laws would
have any operating, reliability, cost, or other impacts on
electric utilities and the customers of the electric
utilities; and
(C) an assessment of--
(i) whether privately owned electric distribution wires
would result in duplicative facilities; and
(ii) whether duplicative facilities are necessary or
desirable.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that describes the results of the study conducted
under subsection (a).
______
SA 1676. Mr. BROWN submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 161, between lines 2 and 3, insert the following:
SEC. 26_. RENEWABLE ENERGY INNOVATION MANUFACTURING
PARTNERSHIP.
(a) Establishment.--The Secretary shall carry out a
program, to be known as the Renewable Energy Innovation
Manufacturing Partnership Program (referred to in this
section as the ``Program''), to make assistance awards to
eligible entities for use in carrying out research,
development, and demonstration relating to the manufacturing
of renewable energy technologies.
(b) Solicitation.--To carry out the Program, the Secretary
shall annually conduct a competitive solicitation for
assistance awards for an eligible project described in
subsection (e).
(c) Program Purposes.--The purposes of the Program are--
(1) to develop, or aid in the development of, advanced
manufacturing processes, materials, and infrastructure;
(2) to increase the domestic production of renewable energy
technology and components; and
(3) to better coordinate Federal, State, and private
resources to meet regional and national renewable energy
goals through advanced manufacturing partnerships.
(d) Eligible Entities.--An entity shall be eligible to
receive an assistance award under the Program to carry out an
eligible project described in subsection (e) if the entity is
composed of--
(1) 1 or more public or private nonprofit institutions or
national laboratories engaged in research, development,
demonstration, or technology transfer, that would participate
substantially in the project; and
(2) 1 or more private entities engaged in the manufacturing
or development of renewable energy system components
(including solar energy, wind energy, biomass, geothermal
energy, energy storage, or fuel cells).
(e) Eligible Projects.--An eligible entity may use an
assistance award provided under this section to carry out a
project relating to--
(1) the conduct of studies of market opportunities for
component manufacturing of renewable energy systems;
(2) the conduct of multiyear applied research, development,
demonstration, and deployment projects for advanced
manufacturing processes, materials, and infrastructure for
renewable energy systems; and
(3) other similar ventures, as approved by the Secretary,
that promote advanced manufacturing of renewable
technologies.
(f) Criteria and Guidelines.--The Secretary shall establish
criteria and guidelines for the submission, evaluation, and
funding of proposed projects under the Program.
[[Page 16383]]
(g) Cost Sharing.--Section 988 of the Energy Policy Act of
2005 (42 U.S.C. 16352) shall apply to a project carried out
under this section.
(h) Disclosure.--Section 623 of the Energy Policy Act of
1992 (42 U.S.C. 13293) shall apply to a project carried out
under this subsection.
(i) Sense of the Senate.--It is the sense of the Senate
that the Secretary should ensure that small businesses
engaged in renewable manufacturing be considered for loan
guarantees authorized under title XVII of the Energy Policy
Act of 2005 (42 U.S.C. 16511 et seq.).
(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2008 through 2013, to remain available
until expended.
______
SA 1677. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 7, line 11, insert ``(including landfill gas and
sewage waste treatment gas)'' after ``biogas''.
On page 7, strike lines 13 through 16 and insert the
following:
biomass;
(vi) butanol or other alcohols produced through the
conversion of organic matter from renewable biomass; and
(vii) other fuel derived from cellulosic biomass.
On page 9, line 13, strike ``, boiler fuel,''.
On page 9, line 20, strike ``, boiler,''.
On page 10, lines 17 and 18, strike ``motor vehicle fuel,
home heating oil, and boiler fuel'' and insert ``motor
vehicle fuel and home heating oil''.
On page 11, line 11, strike ``built'' and insert ``that
commence operations''.
On page 44, lines 4 and 5, strike ``local biorefineries''
and insert ``local biorefineries, including by portable
processing equipment''.
On page 44, lines 13 and 14, strike ``local biorefineries''
and insert ``local biorefineries, including by portable
processing equipment''.
On page 47, strike lines 9 through 15 and insert the
following:
(1) Quality regulations.--Not later than 180 days after the
date of enactment of this Act, the President shall promulgate
regulations to ensure that each diesel-equivalent fuel
derived from renewable biomass and introduced into interstate
commerce is tested and certified to comply with applicable
standards of the American Society for Testing and Materials.
______
SA 1678. Mrs. HUTCHISON (for herself and Mr. Cornyn) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 21, strike line 12 and insert the following:
(2) Petitions for waiver.--
(A) In general.--The President,
On page 21, between lines 19 and 20, insert the following:
(B) Immediate relief.--During the 90-day period described
in subparagraph (A), the President may authorize the
Administrator of the Environmental Protection Agency to
adjust the requirements described in subsection (a) as the
Administrator of the Environmental Protection Agency
determines to be necessary to provide immediate relief until
the date on which the President, in consultation with the
Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency,
approves or disapproves a State petition for a waiver under
subparagraph (A).
______
SA 1679. Mrs. HUTCHISON (for herself and Mr. Cornyn) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 26, strike lines 19 through 21 and insert the
following:
(j) Study of Impact of Renewable Fuel Standard.--
(1) In general.--The Secretary shall enter into an
arrangement with the National Academy of Sciences under which
the Academy shall conduct a study to assess the impact of the
requirements described in subsection (a)(2) on each industry
relating to the production of feed grains, livestock, food,
and energy.
(2) Participation.--In conducting the study under paragraph
(1), the National Academy of Sciences shall seek the
participation, and consider the input, of--
(A) producers of feed grains;
(B) producers of livestock, poultry, and pork products;
(C) producers of food and food products;
(D) producers of energy;
(E) individuals and entities interested in issues relating
to conservation, the environment, and nutrition; and
(F) users of renewable fuels.
(3) Considerations.--In conducting the study, the National
Academy of Sciences shall consider--
(A) the likely impact on domestic animal agriculture
feedstocks that, in any crop year, are significantly below
current projections; and
(B) policy options to alleviate the impact on domestic
animal agriculture feedstocks that are significantly below
current projections.
(4) Components.--The study shall include--
(A) a description of the conditions under which the
requirements described in subsection (a)(2) should be
suspended or reduced to prevent adverse impacts to domestic
animal agriculture feedstocks described in paragraph (3)(B);
and
(B) recommendations for the means by which the Federal
Government could prevent or minimize adverse economic
hardships and impacts.
(5) Deadline for completion of study.--Not later than 270
days after the date of enactment of this Act, the Secretary
shall submit to Congress a report that describes the results
of the study.
(6) Periodic reviews.--
(A) In general.--To allow for the appropriate adjustment of
the requirements described in subsection (a)(2), the
Secretary shall conduct periodic reviews of--
(i) existing technologies;
(ii) the feasibility of achieving compliance with the
requirements; and
(iii) the impacts of the requirements described in
subsection (a)(2) on each individual and entity described in
paragraph (2).
(B) Adjustment of requirements.--If, on completion of a
periodic review under subparagraph (A), or on the date on
which the Secretary submits to Congress the report under
paragraph (5), the Secretary concludes that there will be a
shortfall in the supply of domestic feed grain-based
feedstocks or renewable fuels for the period covered by the
review, as soon as practicable after the date on which the
Secretary submits to Congress the report under that
paragraph, the Administrator of the Environmental Protection
Agency, in consultation with the Secretary, shall, after an
opportunity for public notice and comment, promulgate
regulations to establish a downward adjustment of the
requirements described in subsection (a)(2) necessary to
alleviate the shortfall, as determined by the Secretary.
(k) Effective Date.--Except as otherwise specifically
provided in this section, this section takes effect on the
date on which the National Academies of Science completes the
study under subsection (j).
______
SA 1690. Mr. HAGEL submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle D of title II, add the following:
SEC. 255. ENERGY-RELATED RESEARCH AND DEVELOPMENT.
(a) Findings.--Congress finds that--
(1) information and opinions provided by individuals and
entities of the academic and industrial sectors should be an
important consideration with respect to energy-related
research and development activities carried out by the
Federal Government;
(2) in carrying out energy-related research and development
activities, the Federal Government should regularly seek
input from multiple sources, including the industrial sector,
academia, and other relevant sectors;
(3) research is better focused around well-defined problems
that need to be resolved;
[[Page 16384]]
(4) a number of potential problems to be resolved are
likely to require input from a diverse selection of
technologies and contributing sectors;
(5) sharing of information relating to energy research and
development is important to the development and innovation of
energy technologies;
(6) necessary intellectual property protection can lead to
delays in sharing valuable information that could aid in
resolving major energy-related problems;
(7) the Federal Government should facilitate the sharing of
information from a diverse array of industries by ensuring
the protection of intellectual property while simultaneously
creating an environment of openness and cooperation; and
(8) the Federal Government should revise the methods of the
Federal Government regarding energy-related research and
development to encourage faster development and
implementation of energy technologies.
(b) Definitions.--In this section:
(1) Network.--The term ``network'' means the Energy
Technologies Innovation Network established by subsection
(d)(1).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Survey.--The term ``survey'' means a survey conducted
pursuant to subsection (c).
(c) Energy-Related Research and Development Priorities.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, and on the dates that are 5 years and
10 years after that date, the Secretary shall conduct a
survey in accordance with this subsection to determine the 10
highest-priority energy-related problems to resolve to ensure
the goals of--
(A) maximizing the energy security of the United States;
(B) maximizing improvements in energy efficiency within the
United States; and
(C) minimizing damage to the economy and the environment of
the United States.
(2) Survey.--
(A) In general.--Each survey shall contain a request that
the respondent shall list, in descending order of priority,
the 10 highest-priority energy-related problems that, in the
opinion of the respondent, require resolution as quickly as
practicable to ensure the goals described in paragraph (1).
(B) Announcement.--The Secretary shall announce the
existence of each survey by--
(i) publishing an announcement in the Federal Register; and
(ii) placing an announcement in a prominent position on the
homepage of the website of the Department of the Energy.
(C) Availability.--The Secretary shall ensure that each
survey is made available--
(i) in an electronic format only through a link on the
Department of Energy website;
(ii) for a period of not less than 21 days and not more
than 30 days; and
(iii) to any individual or entity that elects to
participate.
(D) Additional information gathering.--Each survey--
(i) shall require each respondent to provide information
regarding--
(I) the age of the respondent;
(II) the occupational category of the respondent;
(III) the period of time during which the respondent has
held the current occupation of the respondent; and
(IV) the State and country in which the respondent resides;
and
(ii) may request, but shall not require--
(I) the name of the respondent;
(II) an identification of the employer of the respondent;
(III) the electronic mail address of the respondent; and
(IV) such other information as the Secretary determines to
be appropriate.
(E) Respondents.--The Secretary shall seek responses to a
survey from appropriate representatives of--
(i) the energy, transportation, manufacturing,
construction, mining, and electronic industries;
(ii) academia;
(iii) research facilities;
(iv) nongovernmental organizations;
(v) the Federal Government; and
(vi) units of State and local government.
(F) Nonpolitical requirement.--The Secretary shall ensure
that each survey is conducted, to the maximum extent
practicable--
(i) in a transparent, nonpolitical, and scientific manner;
and
(ii) without any political bias.
(G) Report.--Not later than 180 days after the date on
which a survey under this subsection is no longer available
under subparagraph (C)(ii), the Secretary shall submit to
Congress and make available to the public (including through
publication in the Federal Register and on the website of the
Department of Energy) a report that--
(i) describes the results of the survey; and
(ii) includes a list of the 10 highest-priority energy-
related problems based on all responses to the survey.
(d) Energy Technologies Innovation Network.--
(1) Establishment.--There is established an information and
collaboration network, to be known as the ``Energy
Technologies Innovation Network''.
(2) Purpose.--The purpose of the network shall be to
provide a forum through which interested parties (including
scientists and entrepreneurs) can present, discuss, and
collaborate with respect to information and ideas relating to
energy technologies.
(3) Operation of network.--
(A) In general.--The Secretary shall operate the network.
(B) Use of third-party databases.--In operating the network
pursuant to subparagraph (A), the Secretary may use any
relevant database of a third party that, as determined by the
Secretary--
(i) has experience with respect to the establishment and
maintenance of a comprehensive database of Federal research
and development projects that--
(I) is easily searchable;
(II) is open to the public;
(III) is capable of expansion; and
(IV) requires only limited interaction with any database
manager beyond the initial interaction necessary to register
with the database;
(ii) provides a secure electronic forum to enable
collaboration among users of the network; and
(iii) agrees to collaborate with the Secretary to protect
the intellectual property rights of individual users and
governmental agencies participating in the network in
accordance with paragraph (6).
(4) Required contributors.--Each research laboratory or
other facility that receives Federal funding shall provide to
the network the results of the research conducted using that
funding, regardless of whether the research relates to
energy, subject to the condition that revelation of the
research will not adversely effect national security.
(5) Other contributors.--Other entities, including entities
in the academic and industrial sectors and individuals, may
participate in the network to actively contribute to
resolving--
(A) the energy-related problems included on the list of the
report under subsection (c)(2)(G)(ii); or
(B) any other energy-related problem that the contributor
determines would advance the goals described in subsection
(c)(1).
(6) Protection of information and ideas.--In operating the
network under paragraph (3), the Secretary shall employ such
individuals and entities with experience relating to--
(A) intellectual property as the Secretary determines to be
necessary to ensure that--
(i) information and ideas presented, and discussed in the
network are--
(I) monitored with respect to the intellectual property
owners and components of the information or ideas; and
(II) protected in accordance with applicable Federal
intellectual property law (including regulations);
(ii) information and ideas developed within the network
are--
(I) monitored with respect to the intellectual property
components of the developers of the information or ideas; and
(II) protected in accordance with applicable Federal
intellectual property law (including regulations); and
(iii) contributors to the network are provided adequate
assurances that intellectual property rights of the
contributors will be protected with respect to participation
in the network;
(B) setting up, maintaining, and operating a network that
ensures security and reliability.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.
______
SA 1681. Mr. HAGEL (for himself and Mr. Lieberman) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle E of title II, add the following:
SEC. 2__. REESTABLISHMENT OF OFFICE OF TECHNOLOGICAL
ASSESSMENT.
(a) Office of Technology Assessment.--
(1) In general.--Sections 113 and 114 of the Legislative
Branch Appropriations Act, 1996 (Public Law 104-52; 109 Stat.
526), are repealed.
(2) Application.--The Technology Assessment Act of 1972
(Public Law 92-484; 86 Stat. 797) shall be applied and
administered as if sections 113 and 114 of the Legislative
Branch Appropriations Act, 1996 (Public Law 104-52; 109 Stat.
526) had not been enacted.
(b) Amendment to Short Title.--
(1) In general.--The first section of the Technology
Assessment Act of 1972 (Public Law 92-484; 86 Stat. 797) is
amended by striking ``Technology Assessment Act of 1972''
[[Page 16385]]
and inserting ``Office of Technology Assessment
Reestablishment Act of 2007''.
(2) Cross-references.--Any reference in a law, regulation,
or other document of the United States to the ``Technology
Assessment Act of 1972'' shall be considered to be a
reference to the ``Office of Technology Assessment
Reestablishment Act of 2007''.
(c) Establishment of Office.--Section 3(c) of the Office of
Technology Assessment Reestablishment Act of 2007 (Public Law
92-484; 86 Stat. 797) is amended--
(1) by redesignating paragraphs (1) through (8) as
paragraphs (6) through (13), respectively;
(2) in paragraph (12) (as redesignated by paragraph (1)),
by striking ``paragraphs (1) through (5)'' and inserting
``paragraphs (6) through (10)''; and
(3) by inserting before paragraph (6) (as redesignated by
paragraph (1)), the following:
``(1) provide Congress with timely, impartial analyses of
scientific and technological information;
``(2) make assessments relating to the uses and application
of technology toward achieving national policy goals;
``(3) assess and analyze technologies that could contribute
to solving energy security related issues;
``(4) assess and analyze foreign sciences and technologies
that could contribute to achieving national policy goals;
``(5) assess the impact of existing or probable policies on
scientific and technological advances;''.
(d) Priority of Assessments; Requirements.--Section 3 of
the Office of Technology Assessment Reestablishment Act of
2007 (Public Law 92-484; 86 Stat. 798) is amended by adding
at the end the following:
``(f) Priority of Assessments.--
``(1) In general.--Except as provided in paragraph (2),
requests for the conduct of assessment activities under
subsection (d)(1) shall be addressed by the Office in the
following order:
``(A) Requests with bipartisan and bicameral support.
``(B) Requests with bipartisan support.
``(C) Requests from individual members of Congress.
``(2) Except.--Notwithstanding paragraph (1), the Director
of the Office, with the approval of the Board, may determine
the final priority for requests within and among the
categories described in subparagraphs (A) through (C) of
paragraph (1).
``(g) Deadline.--In conducting assessments requested under
subsection (d)(1), the Director and the person or entity
submitting the request shall agree on a timeline for the
delivery of the results of the assessment, including
briefings, findings, draft reports, final reports, or any
other appropriate information.
``(h) Peer Review.--Each assessment report requested under
subsection (d) shall be subject to peer review, which shall
consist of rigorous vetting, checking, criticism, and
recommendations for improvement by independent, qualified
experts in the various aspects of the matters being assessed.
``(i) Availability of Assessments.--The Office shall
maintain an electronic resource that makes available to the
public--
``(1) assessments produced by the Office; and
``(2) any other information determined to be appropriate by
the Director.''.
(e) Use of the Congressional Budget Office.--The Office of
Technology Assessment Reestablishment Act of 2007 (Public Law
92-484; 86 Stat. 797) is amended--
(1) by redesignating sections 10, 11, and 12, as sections
11, 13, and 14, respectively; and
(2) by inserting after section 9 the following:
``SEC. 10. USE OF CONGRESSIONAL BUDGET OFFICE.
``(a) In General.--The Director of the Congressional Budget
Office may make available to the Office any services and
assistance that may be appropriate to carry out the
objectives of this Act, including all of the services and
assistance which the Congressional Budget Office is otherwise
authorized to provide to the Congress.
``(b) Reimbursement.--Services and assistance made
available to the Office by the Director of the Congressional
Budget Office under this section may be provided with or
without reimbursement by the Office, as agreed upon by the
Board and the Director of the Congressional Budget Office.
``(c) Effect.--Nothing in this section alters or modifies
any services or responsibilities (other than services
performed for, and responsibilities relating to, the Office)
that the Director of the Congressional Budget Office performs
for or on behalf of the Congress under any law.''.
(f) Coordination With National Academies.--The Office of
Technology Assessment Reestablishment Act of 2007 (Public Law
92-484; 86 Stat. 797) is amended by inserting after section
11 (as redesignated by subsection (e)(1)) the following:
``SEC. 12. COORDINATION WITH NATIONAL ACADEMIES.
``The Office shall maintain a continuing liaison with the
National Academies of Science with respect to--
``(1) grants and contracts formulated or activated by the
National Academies of Science for purposes of technology
assessment;
``(2) the promotion of coordination in areas of technology
assessment; and
``(3) the avoidance of unnecessary duplication or
overlapping of research activities in the development of
technology assessment techniques and programs.''.
(g) Authorization of Appropriations.--The Office of
Technology Assessment Reestablishment Act of 2007 (Public Law
92-484; 86 Stat. 797) is amended by striking section 14 (as
redesignated by subsection (e)(1)) and inserting the
following:
``SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
``Of amounts in the Treasury not otherwise appropriated,
there is authorized to be appropriated to the Office to carry
out the duties of the Office pursuant to this Act $15,000,000
for each of fiscal years 2008 through 2013.''.
______
SA 1682. Mr. HAGEL submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. APPLIANCE EFFICIENCY STANDARDS COMMISSION.
(a) Appliance Efficiency Standards Commission.--Section 325
of the Energy Policy and Conservation Act (42 U.S.C. 6295) is
amended by adding at the end the following:
``(hh) Appliance Efficiency Standards Commission.--
``(1) Establishment.--
``(A) Establishment.--There is established a commission to
be known as the `Appliance Efficiency Standards Commission'
(referred to in this subsection as the `Commission').
``(B) Membership.--
``(i) Composition.--The Commission shall be composed of 14
members appointed by the President, of whom--
``(I) 5 members shall be appointed to represent energy and
manufacturing industries;
``(II) 3 members shall be appointed to represent consumer
organizations;
``(III) 2 members shall be appointed from nongovernmental
organizations that specialize in energy efficiency,
environmental protection, or consumer advocacy; and
``(IV) 1 member shall be appointed from each of--
``(aa) the Department of Commerce;
``(bb) the National Academy of Sciences;
``(cc) the Department of Energy; and
``(dd) the Environmental Protection Agency.
``(ii) Date of appointments.--The appointment of a member
of the Commission shall be made not later than 90 days after
the date of enactment of this subsection.
``(C) Term; vacancies.--
``(i) Term.--Subject to clause (ii), the term of office of
a member of the Commission shall be 3 years.
``(ii) Staggered initial terms.--Of the initial members of
the Commission appointed under clause (i), the term of office
of--
``(I) 5 members shall be 3 years;
``(II) 5 members shall be 2 years; and
``(III) 4 members shall be 1 year.
``(iii) Vacancies.--A vacancy on the Commission--
``(I) shall not affect the powers of the Commission; and
``(II) shall be filled in the same manner as the original
appointment was made.
``(D) Initial meeting.--Not later than 30 days after the
date on which all members of the Commission have been
appointed, the Commission shall hold the initial meeting of
the Commission.
``(E) Meetings.--The Commission shall meet at the call of
the Chairperson.
``(F) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
``(G) Chairperson and vice chairperson.--The Commission
shall select a Chairperson and Vice Chairperson from among
the members of the Commission.
``(2) Duties.--The Commission shall--
``(A) conduct ongoing studies of the establishment or
improvement of energy conservation standards and test
protocols for consumer goods and appliances that will reduce
the use of electricity use of consumer products and improve
the competitiveness of the United States; and
``(B) based on the studies, make recommendations to the
Secretary for the establishment or improvement of energy
conservation standards and test protocols through expedited
rulemaking under subsection (ii).
``(3) Powers.--
``(A) Hearings.--The Commission may hold such hearings,
meet and act at such times and places, take such testimony,
and receive such evidence as the Commission considers
advisable to carry out this subsection.
[[Page 16386]]
``(B) Information from federal agencies.--
``(i) In general.--The Commission may secure directly from
a Federal agency such information as the Commission considers
necessary to carry out this subsection.
``(ii) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
``(C) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
``(D) Gifts.--The Commission may accept, use, and dispose
of gifts or donations of services or property.
``(4) Commission personnel matters.--
``(A) Compensation of members.--
``(i) Non-federal employees.--A member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
``(ii) Federal employees.--A member of the Commission who
is an officer or employee of the Federal Government shall
serve without compensation in addition to the compensation
received for the services of the member as an officer or
employee of the Federal Government.
``(B) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
``(C) Staff.--
``(i) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable
the Commission to perform the duties of the Commission.
``(ii) Confirmation of executive director.--The employment
of an executive director shall be subject to confirmation by
the Commission.
``(iii) Compensation.--
``(I) In general.--Except as provided in subclause (I), the
Chairperson of the Commission may fix the compensation of the
executive director and other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
title 5, United States Code, relating to classification of
positions and General Schedule pay rates.
``(II) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed the
rate payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
``(D) Detail of federal government employees.--
``(i) In general.--An employee of the Federal Government
may be detailed to the Commission without reimbursement.
``(ii) Civil service status.--The detail of the employee
shall be without interruption or loss of civil service status
or privilege.
``(E) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services in accordance with section 3109(b) of
title 5, United States Code, at rates for individuals that do
not exceed the daily equivalent of the annual rate of basic
pay prescribed for level V of the Executive Schedule under
section 5316 of that title.
``(5) Administration.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
``(6) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection, to remain available until
expended.''.
(b) Expedited Rulemakings.--Section 325 of the Energy
Policy and Conservation Act (42 U.S.C. 6295) (as amended by
subsection (a)) is amended by adding at the end the
following:
``(ii) Expedited Rulemaking for Standards Recommended by
Appliance Efficiency Standards Commission.--
``(1) In general.--The Secretary shall conduct an expedited
rulemaking based on each energy conservation standard or test
procedure recommended by the Appliance Efficiency Standards
Commission established under subsection (hh).
``(2) Procedure.--
``(A) In general.--Notwithstanding subsection (p) or
section 336(a), if the Secretary receives a recommendation of
the Appliance Efficiency Standards Commission, the Secretary
shall conduct an expedited rulemaking with respect to the
standard or test procedure proposed in the recommendation in
accordance with this paragraph.
``(B) Advanced notice of proposed rulemaking.--If no
advanced notice of proposed rulemaking has been issued under
subsection (p)(1) with respect to the rulemaking covered by
the recommendation, the requirements of subsection (p) with
respect to the issuance of an advanced notice of proposed
rulemaking shall not apply.
``(C) Proposed rule.--
``(i) Publication.--Not later than 30 days after the
receipt of a recommendation described in paragraph (1), the
Secretary shall publish a proposed rule proposing the
standard or test procedure covered by the recommendation.
``(ii) Public comment period.--Notwithstanding paragraphs
(2) and (3) of subsection (p), the public comment period for
the proposed rule shall be the 30-day period beginning on the
date of publication of the proposed rule in the Federal
Register.
``(iii) Public hearing.--Notwithstanding section 336(a),
the Secretary may waive the holding of a public hearing with
respect to the proposed rule.
``(D) Final rule.--Notwithstanding subsection (p)(4), the
Secretary--
``(i) may publish a final rule at any time after the 60-day
period beginning on the date of publication of the proposed
rule in the Federal Register; and
``(ii) shall publish a final rule not later than 120 days
after the date of publication of the proposed rule in the
Federal Register.''.
______
SA 1683. Mr. VOINOVICH (for himself, Mr. Carper, and Mr. Inhofe)
submitted an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of title VII, add the following:
SEC. 7__. CONVENTION ON SUPPLEMENTARY COMPENSATION FOR
NUCLEAR DAMAGE CONTINGENT COST ALLOCATION.
(a) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) (commonly known as the ``Price-Anderson Act'')--
(i) provides a predictable legal framework necessary for
nuclear projects; and
(ii) ensures prompt and equitable compensation in the event
of a nuclear incident in the United States;
(B) section 170 of that Act, in effect, provides operators
of nuclear powerplants with insurance for damage arising out
of a nuclear incident and funds the insurance primarily
through the assessment of a retrospective premium from each
operator after the occurrence of a nuclear incident;
(C) the Convention on Supplementary Compensation for
Nuclear Damage, done at Vienna on September 12, 1997, will
establish a global system--
(i) to provide a predictable legal framework necessary for
nuclear energy projects; and
(ii) to ensure prompt and equitable compensation in the
event of a nuclear incident;
(D) the Convention benefits United States nuclear suppliers
that face potentially unlimited liability for a nuclear
incidents outside the coverage of section 170 of the Atomic
Energy Act of 1954 (42 U.S.C. 2210) by replacing a
potentially open-ended liability with a predictable liability
regime that, in effect, provides nuclear suppliers with
insurance for damage arising out of such an incident;
(E) the Convention also benefits United States nuclear
facility operators that may be publicly liable for a Price-
Anderson incident by providing an additional early source for
a Price-Anderson incident by providing an additional early
source of funds to compensate damage arising out of the
Price-Anderson incident;
(F) the combined operation of the Convention, section 170
of the Atomic Energy Act of 1954 (42 U.S.C. 2210), and this
section will augment the quantity of assured funds available
for victims in a wider variety of nuclear incidents while
reducing the potential liability of United States suppliers
without increasing potential costs to United States
operators;
(G) the cost of those benefits is the obligation of the
United States to contribute to the supplementary compensation
fund established by the Convention;
(H) any such contribution should be funded in a manner that
neither upsets settled expectations based on the liability
regime established under section 170 of the Atomic Energy Act
of 1954 (42 U.S.C. 2210) nor shifts to Federal taxpayers
liability risks for nuclear incidents at foreign
installations;
(I) with respect to a Price-Anderson incident, funds
already available under section 170 of the Atomic Energy Act
of 1954 (42 U.S.C. 2210) should be used; and
(J) with respect to a nuclear incident outside the United
States not covered by section 170 of the Atomic Energy Act of
1954 (42 U.S.C. 2210), a retrospective premium should be
prorated among nuclear suppliers relieved from potential
liability for which insurance is not available.
[[Page 16387]]
(2) Purpose.--The purpose of this section is to allocate
the contingent costs associated with participation by the
United States in the international nuclear liability
compensation system established by the Convention on
Supplementary Compensation for Nuclear Damage, done at Vienna
on September 12, 1997--
(A) with respect to a Price-Anderson incident, by using
funds made available under section 170 of the Atomic Energy
Act of 1954 (42 U.S.C. 2210) to cover the contingent costs in
a manner that neither increases the burdens nor decreases the
benefits under section 170 of that Act; and
(B) with respect to a covered incident outside the United
States that is not a Price-Anderson incident, by allocating
the contingent costs equitably, on the basis of risk, among
the class of nuclear suppliers relieved by the Convention
from the risk of potential liability resulting from any
covered incident outside the United States.
(b) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Nuclear
Regulatory Commission.
(2) Contingent cost.--The term ``contingent cost'' means
the cost to the United States in the event of a covered
incident the amount of which is equal to the amount of funds
the United States is obligated to make available under
paragraph 1(b) of Article III of the Convention.
(3) Convention.--The term ``Convention'' means the
Convention on Supplementary Compensation for Nuclear Damage,
done at Vienna on September 12, 1997.
(4) Covered incident.--The term ``covered incident'' means
a nuclear incident the occurrence of which results in a
request for funds pursuant to Article VII of the Convention.
(5) Covered installation.--The term ``covered
installation'' means a nuclear installation at which the
occurrence of a nuclear incident could result in a request
for funds under Article VII of the Convention.
(6) Covered person.--
(A) In general.--The term ``covered person'' means--
(i) a United States person; and
(ii) an individual or entity (including an agency or
instrumentality of a foreign country) that--
(I) is located in the United States; or
(II) carries out an activity in the United States.
(B) Exclusions.--The term ``covered person'' does not
include--
(i) the United States; or
(ii) any agency or instrumentality of the United States.
(7) Nuclear supplier.--The term ``nuclear supplier'' means
a covered person (or a successor in interest of a covered
person) that--
(A) supplies facilities, equipment, fuel, services, or
technology pertaining to the design, construction, operation,
or decommissioning of a covered installation; or
(B) transports nuclear materials that could result in a
covered incident.
(8) Price-anderson incident.--The term ``Price-Anderson
incident'' means a covered incident for which section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210) would make
funds available to compensate for public liability (as
defined in section 11 of that Act (42 U.S.C. 2014)).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) United states.--
(A) In general.--The term ``United States'' has the meaning
given the term in section 11 of the Atomic Energy Act of 1954
(42 U.S.C. 2014).
(B) Inclusions.--The term ``United States'' includes--
(i) the Commonwealth of Puerto Rico;
(ii) any other territory or possession of the United
States;
(iii) the Canal Zone; and
(iv) the waters of the United States territorial sea under
Presidential Proclamation Number 5928, dated December 27,
1988 (43 U.S.C. 1331 note).
(11) United states person.--The term ``United States
person'' means--
(A) any individual who is a resident, national, or citizen
of the United States (other than an individual residing
outside of the United States and employed by a person who is
not a United States person); and
(B) any corporation, partnership, association, joint stock
company, business trust, unincorporated organization, or sole
proprietorship that is organized under the laws of the United
States.
(c) Use of Price-Anderson Funds.--
(1) In general.--Funds made available under section 170 of
the Atomic Energy Act of 1954 (42 U.S.C. 2210) shall be used
to cover the contingent cost resulting from any Price-
Anderson incident.
(2) Effect.--The use of funds pursuant to paragraph (1)
shall not reduce the limitation on public liability
established under section 170 e. of the Atomic Energy Act of
1954 (42 U.S.C. 2210(e)).
(d) Effect on Amount of Public Liability.--
(1) In general.--Funds made available to the United States
under Article VII of the Convention with respect to a Price-
Anderson incident shall be used to satisfy public liability
resulting from the Price-Anderson incident.
(2) Amount.--The amount of public liability allowable under
section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210)
relating to a Price-Anderson incident under paragraph (1)
shall be increased by an amount equal to the difference
between--
(A) the amount of funds made available for the Price-
Anderson incident under Article VII of the Convention; and
(B) the amount of funds used under subsection (c) to cover
the contingent cost resulting from the Price-Anderson
incident.
(e) Retrospective Risk Pooling Program.--
(1) In general.--Except as provided in paragraph (2), each
nuclear supplier shall participate in a retrospective risk
pooling program in accordance with this section to cover the
contingent cost resulting from a covered incident outside the
United States that is not a Price-Anderson incident.
(2) Deferred payment.--
(A) In general.--The obligation of a nuclear supplier to
participate in the retrospective risk pooling program shall
be deferred until the United States is called on to provide
funds pursuant to Article VII of the Convention with respect
to a covered incident that is not a Price-Anderson incident.
(B) Amount of deferred payment.--The amount of a deferred
payment of a nuclear supplier under subparagraph (A) shall be
based on the risk-informed assessment formula determined
under subparagraph (C).
(C) Risk-informed assessment formula.--
(i) In general.--Not later than 3 years after the date of
enactment of this Act, and every 5 years thereafter, the
Secretary shall, by regulation, determine the risk-informed
assessment formula for the allocation among nuclear suppliers
of the contingent cost resulting from a covered incident that
is not a Price-Anderson incident, taking into account risk
factors such as--
(I) the nature and intended purpose of the goods and
services supplied by each nuclear supplier to each covered
installation outside the United States;
(II) the quantity of the goods and services supplied by
each nuclear supplier to each covered installation outside
the United States;
(III) the hazards associated with the supplied goods and
services if the goods and services fail to achieve the
intended purposes;
(IV) the hazards associated with the covered installation
outside the United States to which the goods and services are
supplied;
(V) the legal, regulatory, and financial infrastructure
associated with the covered installation outside the United
States to which the goods and services are supplied; and
(VI) the hazards associated with particular forms of
transportation.
(ii) Factors for consideration.--In determining the
formula, the Secretary may--
(I) exclude--
(aa) goods and services with negligible risk;
(bb) classes of goods and services not intended
specifically for use in a nuclear installation;
(cc) a nuclear supplier with a de minimis share of the
contingent cost; and
(dd) a nuclear supplier no longer in existence for which
there is no identifiable successor; and
(II) establish the period on which the risk assessment is
based.
(iii) Application.--In applying the formula, the Secretary
shall not consider any covered installation or transportation
for which funds would be available under section 170 of the
Atomic Energy Act of 1954 (42 U.S.C. 2210).
(iv) Report.--Not later than 5 years after the date of
enactment of this Act and every 5 years thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on whether
there is a need for continuation or amendment of this
section, taking into account the effects of the
implementation of the Convention on the United States nuclear
industry and suppliers.
(f) Reporting.--
(1) Collection of information.--
(A) In general.--The Secretary may collect information
necessary for developing and implementing the formula for
calculating the deferred payment of a nuclear supplier under
subsection (e)(2).
(B) Provision of information.--Each nuclear supplier and
other appropriate persons shall make available to the
Secretary such information, reports, records, documents, and
other data as the Secretary determines, by regulation, to be
necessary or appropriate to develop and implement the formula
under subsection (e)(2)(C).
(2) Private insurance.--The Secretary shall make available
to nuclear suppliers, and insurers of nuclear suppliers,
information to support the voluntary establishment and
maintenance of private insurance against any risk for which
nuclear suppliers may be required to pay deferred payments
under this section.
(g) Effect on Liability.--Nothing in any other law
(including regulations) limits liability for a covered
incident to an amount equal to less than the amount
prescribed in paragraph 1(a) of Article IV of the Convention,
unless the law--
(1) specifically refers to this section; and
[[Page 16388]]
(2) explicitly repeals, alters, amends, modifies, impairs,
displaces, or supersedes the effect of this subsection.
(h) Payments to and by the United States.--
(1) Action by nuclear suppliers.--
(A) Notification.--In the case of a request for funds under
Article VII of the Convention resulting from a covered
incident that is not a Price-Anderson incident, the Secretary
shall notify each nuclear supplier of the amount of the
deferred payment required to be made by the nuclear supplier.
(B) Payments.--
(i) In general.--Except as provided in clause (ii), not
later than 60 days after receipt of a notification under
subparagraph (A), a nuclear supplier shall pay to the general
fund of the Treasury the deferred payment of the nuclear
supplier required under subparagraph (A).
(ii) Annual payments.--A nuclear supplier may elect to
prorate payment of the deferred payment required under
subparagraph (A) in 5 equal annual payments (including
interest on the unpaid balance at the prime rate prevailing
at the time the first payment is due).
(C) Vouchers.--A nuclear supplier shall submit payment
certification vouchers to the Secretary of the Treasury in
accordance with section 3325 of title 31, United States Code.
(2) Use of funds.--
(A) In general.--Amounts paid into the Treasury under
paragraph (1) shall be available to the Secretary of the
Treasury, without further appropriation and without fiscal
year limitation, for the purpose of making the contributions
of public funds required to be made by the United States
under the Convention.
(B) Action by secretary of treasury.--The Secretary of the
Treasury shall pay the contribution required under the
Convention to the court of competent jurisdiction under
Article XIII of the Convention with respect to the applicable
covered incident.
(3) Failure to pay.--If a nuclear supplier fails to make a
payment required under this subsection, the Secretary may
take appropriate action to recover from the nuclear
supplier--
(A) the amount of the payment due from the nuclear
supplier;
(B) any applicable interest on the payment; and
(C) a penalty of not more than twice the amount of the
deferred payment due from the nuclear supplier.
(i) Limitation on Judicial Review; Cause of Action.--
(1) Limitation on judicial review.--
(A) In general.--In any civil action arising under the
Convention over which Article XIII of the Convention grants
jurisdiction to the courts of the United States, any appeal
or review by writ of mandamus or otherwise with respect to a
nuclear incident that is not a Price-Anderson incident shall
be in accordance with chapter 83 of title 28, United States
Code, except that the appeal or review shall occur in the
United States Court of Appeals for the District of Columbia
Circuit.
(B) Supreme court jurisdiction.--Nothing in this paragraph
affects the jurisdiction of the Supreme Court of the United
States under chapter 81 of title 28, United States Code.
(2) Cause of action.--
(A) In general.--Subject to subparagraph (B), in any civil
action arising under the Convention over which Article XIII
of the Convention grants jurisdiction to the courts of the
United States, in addition to any other cause of action that
may exist, an individual or entity shall have a cause of
action against the operator to recover for nuclear damage
suffered by the individual or entity.
(B) Requirement.--Subparagraph (A) shall apply only if the
individual or entity seeks a remedy for nuclear damage (as
defined in Article I of the Convention) that was caused by a
nuclear incident (as defined in Article I of the Convention)
that is not a Price-Anderson incident.
(C) Effect of paragraph.--Nothing in this paragraph limits,
modifies, extinguishes, or otherwise affects any cause of
action that would have existed in the absence of enactment of
this paragraph.
(j) Right of Recourse.--This section does not provide to an
operator of a covered installation any right of recourse
under the Convention.
(k) Protection of Sensitive United States Information.--
Nothing in the Convention or this section requires the
disclosure of--
(1) any data that, at any time, was Restricted Data (as
defined in section 11 of the Atomic Energy Act of 1954 (42
U.S.C. 2014));
(2) information relating to intelligence sources or methods
protected by section 102A(i) of the National Security Act of
1947 (50 U.S.C. 403-1(i)); or
(3) national security information classified under
Executive Order 12958 (50 U.S.C. 435 note; relating to
classified national security information) (or a successor
regulation).
(l) Regulations.--
(1) In general.--The Secretary or the Commission, as
appropriate, may prescribe regulations to carry out section
170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) and
this section.
(2) Requirement.--Rules prescribed under this subsection
shall ensure, to the maximum extent practicable, that--
(A) the implementation of section 170 of the Atomic Energy
Act of 1954 (42 U.S.C. 2210) and this section is consistent
and equitable; and
(B) the financial and operational burden on a Commission
licensee in complying with section 170 of that Act is not
greater as a result of the enactment of this section.
(3) Applicability of provision.--Section 553 of title 5,
United States Code, shall apply with respect to the
promulgation of regulations under this subsection.
(4) Effect of subsection.--The authority provided under
this subsection is in addition to, and does not impair or
otherwise affect, any other authority of the Secretary or the
Commission to prescribe regulations.
(m) Effective Date.--This section takes effect on the date
of enactment of this Act.
______
SA 1684. Mrs. HUTCHISON (for herself and Mr. Cornyn) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 21, strike lines 4 through 6 and insert the
following:
(A) implementation of the requirement would significantly
harm--
(i) the economy or environment of a State, region, or the
United States; or
(ii) any industry located in a State, region, or the United
States, particularly with respect to--
(I) producers of livestock, poultry, and pork products; and
(II) processors of food and food products;
______
SA 1685. Mr. HAGEL submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle B of title II, add the following:
SEC. 2__. ADVANCED COAL GENERATION DEPLOYMENT OF ADVANCED
COAL GENERATION UNITS.
(a) Definitions.--In this section:
(1) Air separation unit.--The term ``air separation unit''
means a technology capable of using ambient air to separate
and concentrate a gas with 95 percent oxygen concentration
for use in oxy fuel technology.
(2) Capture-ready.--The term ``capture ready'' means the
design of a new coal-fired unit that reduces the cost of and
facilitates the addition of carbon dioxide separation and
capture technologies after the unit has been placed into
service.
(3) Oxy fuel.--The term ``oxy fuel'' means a coal-fired
boiler that burns coal in an environment with a 95 percent
oxygen concentration.
(4) Subcritical pulverized coal unit.--The term
``subcritical pulverized coal unit'' means a coal-fired
boiler that operates--
(A) at a pressure below 3,200 pounds per square inch; and
(B) below a temperature of 1,025 degrees Fahrenheit.
(5) Supercritical pulverized coal unit.--The term
``supercritical pulverized coal unit'' means a coal-fired
boiler that--
(A) reaches an electricity generating efficiency of from 37
percent to 40 percent (High Heating Value); and
(B) operates at a minimum pressure of 3,500 pounds per
square inch and a minimum temperature of 1,050 degrees
Fahrenheit.
(6) Ultrasupercritical pulverized coal unit.--The term
``ultrasupercritical pulverized coal unit'' means a coal-
fired boiler that--
(A) reaches an electricity generating efficiency of more
than 43 percent (High Heating Value); and
(B) operates at a minimum pressure of 4,600 pounds per
square inch and a minimum temperature of 1,110 degrees
Fahrenheit.
(b) Exemption From New Source Review.--Effective beginning
on the date of enactment of this Act, any subcritical
pulverized coal unit in existence on the date of enactment of
this Act that is rebuilt with a supercritical pulverized coal
unit, or an ultrasupercritical pulverized coal unit, that
includes post-combustion carbon dioxide capture technology or
an oxy fuel pulverized coal unit shall be exempt from new
source review requirements under the Clean Air Act (42 U.S.C.
7401 et seq.) if--
[[Page 16389]]
(1) there is no appreciable increase in the rate of
regulated emissions calculated by quantity of pollutants
removed per ton of coal used; and
(2) the new unit does not--
(A) cause the area in which the unit is located to
deteriorate from an attainment to a nonattainment area; or
(B) alter the progress of the State in achieving attainment
under the applicable State implementation plan.
(c) Loan Guarantees for Oxy Fuel Air Separation Units and
Air-Blown Ultrasupercritical Pulverized Coal Units That Are
Capture-Ready.--Section 1703(b) of the Energy Policy Act of
2005 (42 U.S.C. 16513(b)) is amended by adding at the end the
following:
``(11) Air separation units and air-blown
ultrasupercritical pulverized coal units that are capture
ready (as the terms are defined in section 2__(a) of the
Renewable Fuels, Consumer Protection, and Energy Efficiency
Act of 2007).''.
______
SA 1686. Mr. ALLARD submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. _. EXTENSION OF QUALIFIED GREEN BUILDING AND SUSTAINABLE
DESIGN PROJECT BONDS.
(a) Subsection (l) of section 142 (relating to qualified
green building and sustainable design projects) is amended--
(1) by striking ``2009'' in paragraph (8) and inserting
``2012'', and
(2) by striking ``2009'' in paragraph (9) and inserting
``2012''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______
SA 1687. Mr. BURR submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
Beginning on page 292, strike line 7 and all that follows
through page 293, line 6, and insert the following:
(4) the Department of Energy should be designated as the
lead United States Government agency in charge of formulating
and coordinating the national energy security policy of the
United States, and in furtherance of these goals, there
should be established within the Department of Energy an
Assistant Secretary of Energy for Energy Security whose
responsibilities should include--
(A) directing the development of the national energy
security strategy of the United States;
(B) coordinating the national energy security policy of the
United States with the Department of Defense, the Department
of State, and the National Security Council, as appropriate,
to address the impact of, and integrate national security and
foreign policy on, the national energy security policy of the
United States;
(C) monitoring international and domestic energy
developments to gauge their impact on the national energy
security policy of the United States and implementing changes
in such policy as necessary to maintain the national security
and energy security of the United States;
(D) identifying foreign sources of energy critical to the
national energy security of the United States and developing
strategies for ensuring United States access to critical
foreign energy resources;
(E) developing strategies for reducing United States
dependence on foreign sources of energy, including demand
reduction, efficiency improvement, and development of
alternative and new sources of domestic energy; and
(F) developing strategies in conjunction with the
Department of State for working with major international
producers and consumers, including China, Russia, the
European Union, and Africa, to minimize politicization of
global energy resources while ensuring access through global
energy markets.
______
SA 1688. Mr. BURR submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 313, strike lines 20 and 21 and insert the
following:
SEC. 707. ANNUAL NATIONAL ENERGY SECURITY STRATEGY REPORT.
(a) Reports.--
(1) In general.--Subject to paragraph (2), on the date on
which the President submits to Congress the budget for the
following fiscal year under section 1105 of title 31, United
States Code, the President shall submit to Congress a
comprehensive report on the national energy security of the
United States.
(2) New presidents.--In addition to the reports required
under paragraph (1), the President shall submit a
comprehensive report on the national energy security of the
United States by not later than 150 days after the date on
which the President assumes the office of President after a
presidential election.
(b) Contents.--Each report under this section shall
describe the national energy security strategy of the United
States, including a comprehensive description of--
(1) the worldwide interests, goals, and objectives of the
United States that are vital to the national energy security
of the United States;
(2) the foreign policy, worldwide commitments, and national
defense capabilities of the United States necessary--
(A) to deter political manipulation of world energy
resources; and
(B) to implement the national energy security strategy of
the United States;
(3) the proposed short-term and long-term uses of the
political, economic, military, and other authorities of the
United States--
(A) to protect or promote energy security; and
(B) to achieve the goals and objectives described in
paragraph (1);
(4) the adequacy of the capabilities of the United States
to protect the national energy security of the United States,
including an evaluation of the balance among the capabilities
of all elements of the national authority of the United
States to support the implementation of the national energy
security strategy; and
(5) such other information as the President determines to
be necessary to inform Congress on matters relating to the
national energy security of the United States.
(c) Classified and Unclassified Form.--Each national energy
security strategy report shall be submitted to Congress in--
(1) a classified form; and
(2) an unclassified form.
SEC. 708. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
______
SA 1689. Mr. BURR submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
After section 706, insert the following:
SEC. 707. NATIONAL SECURITY COUNCIL REORGANIZATION.
Section 101(a) of the National Security Act of 1947 (50
U.S.C. 402(a)) is amended--
(1) by redesignating paragraphs (5), (6), and (7) as
paragraphs (6), (7), and (8), respectively; and
(2) by inserting after paragraph (4) the following:
``(5) the Secretary of Energy;''.
______
SA 1690. Mr. MENENDEZ (for himself and Mr. Sanders) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
TITLE VIII--SOLAR ENERGY
SEC. 801. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
[[Page 16390]]
(1) solar energy is the most abundant energy source in the
United States;
(2) solar energy can play a significant role in the economy
of the United States;
(3) photovoltaic products are produced by domestic and
foreign manufacturers and are purchased by thousands of
people throughout the United States and foreign countries;
(4) photovoltaic products should be readily available and
marketed efficiently to ensure that the people of the United
States have adequate access to clean and renewable,
domestically-produced energy;
(5) the maintenance and expansion of existing markets for
solar energy are vital to the welfare of photovoltaic
producers and those concerned with marketing, using, and
producing photovoltaic products, as well as to the general
economy of the United States; and
(6) photovoltaic products move in interstate and foreign
commerce, and photovoltaic products that do not move in
interstate or foreign commerce directly burden or affect
interstate commerce of photovoltaic products.
(b) Purposes.--The purposes of this title are--
(1) to provide for the establishment of an orderly
procedure for financing (through assessments on all
photovoltaic products manufactured and shipped in the United
States and on photovoltaic products imported into the United
States) and carrying out a coordinated program of promotion
and research designed to strengthen the position of the solar
energy industry in the marketplace; and
(2) to maintain and expand domestic and foreign markets and
uses for solar energy and solar energy products.
SEC. 802. DEFINITIONS.
In this title:
(1) Assessment.--The term ``assessment'' means a fee
required to be paid for a photovoltaic product in accordance
with an order at a rate equal to $.02 per watt, based on the
nameplate capacity of the photovoltaic product (or an
equivalent capacity of the photovoltaic product for balance-
of-system components, as determined by the Secretary).
(2) Board.--The term ``Board'' means the Solar Energy
Promotion and Research Board established under an order and
described in section 803(b).
(3) Consumer information.--The term ``consumer
information'' means technology specifications, environmental
data, and other information that would assist consumers and
other persons in making evaluations and decisions regarding
the purchase and use of solar energy products.
(4) Department.--The term ``Department'' means the
Department of Energy.
(5) Foundation.--The term ``Foundation'' means the Solar
Energy Research and Education Foundation.
(6) Importer.--The term ``importer'' means any person that
imports a photovoltaic product into the United States.
(7) Industry information.--The term ``industry
information'' means information and programs that are
designed to lead to the development of new markets, marketing
strategies, increased efficiency, and activities to enhance
the image of the solar energy industry.
(8) Order.--The term ``order'' means a final solar energy
promotion and research order promulgated under section
803(b).
(9) Person.--The term ``person'' means any--
(A) individual;
(B) group of individuals;
(C) partnership;
(D) corporation;
(E) association;
(F) cooperative; or
(G) other entity.
(10) Photovoltaic product.--The term ``photovoltaic
product'' means--
(A) any photovoltaic cell, module, or other solar electric
product with a nameplate capacity that exceeds 1 watt; and
(B) any balance-of-system component (such as an inverter)
used in a solar electric system.
(11) Producer.--The term ``producer'' means any person that
manufacturers photovoltaic products.
(12) Promotion.--The term ``promotion'' means any action
(including paid advertising) to advance the image and
desirability of solar energy products to improve the
competitive position and stimulate the sales of solar energy
products in the marketplace.
(13) Research.--The term ``research'' means--
(A) studies testing the effectiveness of market development
and promotion efforts;
(B) studies relating to technological advancement or
environmental benefit; and
(C) other related solar energy research and new product
development.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(15) State.--The term ``State'' means--
(A) a State; and
(B) the District of Columbia.
(16) United states.--The term ``United States'' means the
all of the States.
SEC. 803. ORDERS.
(a) Proposed Order.--Not later than January 1, 2008, the
Secretary shall--
(1) publish in the Federal Register a proposed solar energy
promotion and research order; and
(2) provide notice and opportunity for public comment on
the proposed order.
(b) Final Order.--Not later than 120 days after the date of
publication of a proposed order in accordance with subsection
(a), the Secretary shall promulgate a final order, which
shall take effect as of that date of promulgation.
(c) Requirements.--A final order promulgated under
subsection (b) shall--
(1) provide for the establishment and selection of a Solar
Energy Promotion and Research Board, to be composed of
members who are producers or importers appointed by the
Secretary from nominations submitted by the Solar Energy
Industries Association;
(2) define the powers and duties of the Board, which
shall--
(A) hold at least an annual meeting; and
(B) include only the powers--
(i) to administer the order issued under this section, in
accordance with the terms and conditions of the order;
(ii) to recommend to the Secretary rules to carry out the
order;
(iii) to approve or disapprove budgets submitted by the
Foundation;
(iv) to receive, investigate, and report to the Secretary
complaints of violations of the order;
(v) to collect and use assessments in accordance with this
subsection; and
(vi) to recommend to the Secretary amendments to the order;
(3) specify the circumstances under which special meetings
of the Board may be held;
(4) provide that--
(A)(i) except as provided in clauses (ii) through (iv)--
(I) the term of a member appointed to the Board shall be 3
years; and
(II) no member appointed to the Board may serve more than 2
consecutive terms;
(ii) with respect to the initial appointments to the Board,
members shall be appointed in staggered 1-, 2-, and 3-year
terms, as determined by the Secretary;
(iii) the Secretary shall have a permanent appointment to
the Board; and
(iv) the President of the Solar Energy Industries
Association shall have a permanent appointment to the Board;
(B) Board members shall serve without compensation, but
shall be reimbursed for their reasonable expenses incurred in
carrying out the duties of the Board;
(C) the total costs of collection of assessments and
administrative staff incurred by the Board during any fiscal
year shall not exceed 5 percent of the projected total
assessments to be collected by the Board for the fiscal year;
and
(D) the Board shall use, to the maximum extent practicable,
the resources, staff, and facilities of industry
organizations to carry out the duties of the Board;
(5) provide that the Board shall oversee the disbursement
of assessment funds to the Foundation for the promotion of
solar energy;
(6) provide that the Foundation--
(A) shall develop plans or projects of promotion and
advertising, research, consumer information, and industry
information, to be funded by assessments collected by the
Board;
(B) shall, in developing those plans or projects, to the
maximum extent practicable, take into account similarities
and differences between different solar technologies;
(C) to ensure coordination and efficient use of funds,
shall enter into contracts or agreements with established
nonprofit organizations to implement programs of promotion
and advertising, research, consumer information, and industry
information, on the condition that any such contract or
agreement provides that--
(i) the person entering the contract or agreement shall
develop and submit to the Foundation a proposal for a plan or
project, together with 1 or more budgets that describe the
estimated costs to be incurred for the plan or project;
(ii) the plan or project shall become effective on the
approval of the Secretary; and
(iii) the person entering the contract or agreement shall,
with respect to the plan or project--
(I) keep accurate records of all transactions;
(II) account for funds received and expended;
(III) submit to the Foundation periodic reports on
activities conducted; and
(IV) submit such other reports as the Secretary, Board, or
Foundation may require; and
(D) may use the resources, staff, and facilities of the
Board and industry organizations to carry out the duties of
the Foundation;
(7) provide that an employee of an industry organization--
(A) may not receive compensation for work performed for the
Foundation; but
(B) shall be reimbursed from assessments collected by the
Board for reasonable expenses incurred in performing that
work;
(8) require the Board and the Foundation--
(A) to maintain such books and records, which shall be
available to the Secretary for inspection and audit, as the
Secretary may prescribe;
(B) to prepare and submit to the Secretary, from time to
time, such reports as the Secretary may require; and
[[Page 16391]]
(C) to account for the receipt and disbursement of all
funds received by the Board and Foundation;
(9) provide that--
(A) each producer shall, for each photovoltaic product
produced by the producer, collect an assessment and remit the
assessment to the Board in a manner prescribed by the order;
(B) each importer shall, for each photovoltaic product
imported by the importer, pay to the Board an assessment in
the manner prescribed by the order; and
(C) the Board shall use assessments received under this
paragraph--
(i) to provide funds to the Foundation for use in carrying
out solar energy projects;
(ii) to pay the costs of plans and projects carried out by
the Board;
(iii) to reimburse employees as described in paragraph
(7)(B);
(iv) to pay the administrative expenses incurred by the
Board in carrying out the duties of the Board, and by the
Secretary, after promulgation of the order (including
administrative expenses incurred in carrying out a referendum
under section 804); and
(v) to establish a reasonable reserve;
(10) permit the Board, with the approval of the Secretary,
to invest funds collected through assessments, pending
disbursement, only in--
(A) obligations of the United States (or any agency of the
United States);
(B) general obligations of any State (or any political
subdivision of a State);
(C) any interest-bearing account or certificate of deposit
of a bank that is a member of the Federal Reserve System; or
(D) obligations fully guaranteed as to principal and
interest by the United States;
(11) prohibit any funds received by the Board under the
order from being used to pay the salary of any Federal
employee, other than for recommending amendments to the
order;
(12) require that each producer and importer--
(A) maintain and make available for inspection such books
and records as may be required by the order, including
records of persons from which the producer or importer
received payment for photovoltaic products produced or
imported by the producer or importer;
(B) submit reports at such time, in such manner, and having
such content as is prescribed by the order; and
(C) make information described in subparagraphs (A) and (B)
available to the Secretary, upon request, for use in
administering and enforcing the order or this title; and
(13) contain such other terms and conditions as are
consistent with this title and necessary to carry out the
order.
(d) Availability of Information.--
(1) In general.--Subject to paragraph (2), information made
available to the Secretary in accordance with subsection
(c)(12) shall be--
(A) kept confidential by all officers and employees of the
Department; and
(B) disclosed only--
(i) in the course of a civil action or administrative
proceeding involving the order--
(I) that is brought or initiated at the request of the
Secretary; or
(II) to which the Secretary or any other officer of the
United States is a party; and
(ii) to the extent that the Secretary or a court of law
determines the information to be relevant.
(2) No prohibition on issuance or publication of certain
information.--Nothing in this paragraph prohibits--
(A) the issuance of any general statement, based on any
report submitted to the Secretary under subsection
(c)(12)(B), of the number of persons subject to the order or
statistical data collected by those persons, on the condition
that the statement does not identify the information provided
by any person; or
(B) the publication, by direction of the Secretary, of the
name of any person violating the order, together with a
statement of the particular provisions of the order violated
by the person.
(3) Prohibited disclosure.--
(A) In general.--Except as otherwise provided in this
subsection, no information obtained under this title or the
order may be made available to any agency or officer of the
United States for any purpose other than the implementation
of this title and the order (including the conduct of any
investigation or enforcement action necessary to implement
this title or the order).
(B) Penalty for violation.--A person that violates
subparagraph (A) shall be--
(i) fined not more than $1,000, imprisoned for not more
than 1 year, or both; and
(ii) if the person is an officer or employee of the Board
or the Department, removed from office.
SEC. 804. REFERENDUM.
(a) Continuation or Termination of Order.--
(1) Initial referendum.--Not later than 4 years after the
date of promulgation of the order or such earlier date as may
be recommended by the Board, the Secretary shall conduct an
initial referendum among persons who have been producers or
importers during a representative period, as determined by
the Secretary, to determine whether the producers and
importers favor the termination of the order.
(2) Second referendum.--After conducting the initial
referendum under paragraph (1), on the request of a
representative group comprising 25 percent or more of the
producers and importers that voted in the initial referendum,
the Secretary may conduct a second referendum to determine
whether producers and importers described in paragraph (1)
favor the termination of the order.
(3) Continuation of order.--The order shall remain in
effect only if the Secretary determines that the order was
approved by not less than--
(A) a majority of the producers and importers voting in the
initial referendum under paragraph (1); or
(B) in the case of a second referendum conducted under
paragraph (2), a majority of the producers and importers
voting in that second referendum.
(4) Failure to approve continuation.--If the Secretary
determines that continuation of the order is not approved by
a majority of the persons voting in the initial referendum
under paragraph (1) or a second referendum under paragraph
(2), the Secretary shall--
(A) terminate the collection of assessments under the order
by not later than 180 days after the date on which the
Secretary makes that determination; and
(B) terminate the order, in an orderly manner, as soon as
practicable after that date.
(b) Administrative Matters.--
(1) Reimbursement.--Subject to section 803(c)(11)(A), the
Department shall be reimbursed for expenditures relating to
the conduct of a referendum under this section from
assessments received by the Board in accordance with the
order.
(2) Time and place of referendum; certification.--Subject
to paragraph (3)--
(A) a referendum conducted under this section shall be
conducted at local offices on a date and as determined by the
Secretary; and
(B) at such a referendum, a producer or importer--
(i) shall certify that the producer or importer was engaged
in the production of photovoltaic products during a
representative period determined by the Secretary; and
(ii) on the same day, shall be provided an opportunity to
vote in the referendum.
(3) Absentee mail ballot.--The Secretary shall--
(A) provide for a producer or importer to receive an
absentee mail ballot for use in voting in a referendum on
request; and
(B) establish rules by which a producer or importer may use
such an absentee mail ballot to vote in a referendum.
SEC. 805. ENFORCEMENT.
(a) Restraining Order; Civil Fine.--If the Secretary
determines that the administration and enforcement of this
title or the order would be adequately served by the issuance
of an administrative order or assessment of a civil penalty,
following an opportunity for an administrative hearing on the
record, the Secretary may--
(1) issue an administrative order to restrain or prevent a
person from violating the order; and
(2) assess a civil fine of not more than $25,000 for each
violation of the order.
(b) Jurisdiction of District Court.--The United States
district courts shall have exclusive jurisdiction over any
civil action brought to enforce, or to prevent or restrain a
person from violating, the order or this title.
(c) Civil Action to Be Referred to Attorney General.--A
civil action authorized to be brought under this section
shall be referred to the Attorney General for appropriate
action.
SEC. 806. INVESTIGATORY POWERS AND PROCEDURES.
(a) Investigations.--The Secretary may conduct such
investigations as the Secretary determines to be necessary--
(1) for the effective administration of this title; or
(2) to determine whether any person subject to this title
has engaged or is about to engage in any act that constitutes
or will constitute a violation of the order or this title.
(b) Powers.--
(1) In general.--In conducting an investigation described
in paragraph (1), the Secretary may administer such oaths and
affirmations, subpoena and compel the attendance of such
witnesses, receive such evidence, and require the production
of such records as are relevant to the investigation.
(2) Geographical boundary.--The attendance of witnesses and
the production of records under paragraph (1) may be required
from any place in the United States.
(3) Judicial action.--In a case of contumacy by, or refusal
to obey a subpoena issued to, any person, the Secretary may
request any court of the United States within the
jurisdiction of which the investigation or proceeding is
carried on, or in which the person resides or carries on
business, to issue, and such a court may issue, an order
requiring the attendance and testimony of the person and the
production of any requested records.
(4) Contempt.--Any failure to obey an order of a court
issued under paragraph (3)
[[Page 16392]]
may be punished by the court as a contempt of the court.
(5) Service of process.--Process in any case described in
this subsection may be served--
(A) in the judicial district in which a person is an
inhabitant; or
(B) wherever the person may be found.
SEC. 807. EFFECT ON OTHER AUTHORITY.
Nothing in this title preempts, supercedes, or otherwise
affects any other Federal or State program relating to solar
energy promotion.
SEC. 808. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out the consumer education activities
authorized by the order and this title.
______
SA 1691. Mr. WYDEN (for himself and Mr. Sununu) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign
oil by investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REMOVAL OF ROYALTY RELIEF AUTHORITY.
Sections 344 and 345 of the Energy Policy Act of 2005 (42
U.S.C. 15904, 15905) are repealed.
______
SA 1692. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. ___. LICENSING OF LAKE DIANA HYDROELECTRIC PROJECT.
(a) In General.--Notwithstanding any other provision of
law, the license to construct the project described in the
Federal Energy Regulatory Commission preliminary permit
application numbered 12716-000 is approved.
(b) Project Construction Requirements.--The project
referred to in subsection (a) shall be carried out in
accordance with the notice of intent dated March 29, 2007, as
determined by the Federal Energy Regulatory Commission under
subsection (c).
(c) Approval.--The Federal Energy Regulatory Commission
shall approve the project only if the Commission determines
that the project--
(1) will be carried out in accordance with the notice of
intent referred to in subsection (b); and
(2) will best develop the affected water resources, in
accordance with section 10(a) of the Federal Power Act (16
U.S.C. 803(a)).
(d) License Conditions.--The license for the project
referred to in subsection (a) shall include conditions
identical to the license conditions relating to the use of
affected water determined to be necessary and appropriate by
the Federal Energy Regulatory Commission under section 10(a)
of that Act (16 U.S.C. 803(a)).
______
SA 1693. Mr. BINGAMAN (for himself, Mrs. Boxer, and Mr. Reid)
submitted an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
On page 59, after line 21, insert the following:
Subtitle D--Environmental Safeguards
SEC. 161. GRANTS FOR PRODUCTION OF ADVANCED BIOFUELS.
(a) In General.--The Secretary shall establish a grant
program to encourage the production of advanced biofuels.
(b) Requirements and Priority.--In making grants under this
section, the Secretary--
(1) shall make awards to the proposals for advanced
biofuels with the greatest reduction in lifecycle greenhouse
gas emissions compared to the comparable motor vehicle fuel
lifecycle emissions during calendar year 2007; and
(2) shall not make an award to a project that does not
achieve at least a 50-percent reduction in such lifecycle
greenhouse gas emissions.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000,000 for
the period of fiscal years 2008 through 2015.
SEC. 162. STUDIES OF EFFECTS OF RENEWABLE FUEL USE.
Section 211 of the Clean Air Act (42 U.S.C. 7545) is
amended by adding at the end the following:
``(t) Studies of Effects of Renewable Fuel Use.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Administrator shall offer
to enter into appropriate arrangements with the National
Academy of Sciences and any other independent research
institute determined to be appropriate by the Administrator,
in consultation with appropriate Federal agencies, to conduct
2 studies on the effects of increased domestic use of
renewable fuels under the Renewable Fuels, Consumer
Protection, and Energy Efficiency Act of 2007.
``(2) Matters to be studied.--
``(A) In general.--The studies under this subsection shall
assess, quantify, and recommend analytical methodologies in
relation to environmental changes associated with the
increased domestic use of renewable fuels under the Renewable
Fuels, Consumer Protection, and Energy Efficiency Act of
2007, including production, handling, transportation, and use
of the fuels.
``(B) Specific matters.--The studies shall include an
assessment and quantification, to the maximum extent
practicable, of significant changes--
``(i) in air and water quality and the quality of other
natural resources;
``(ii) in land use patterns;
``(iii) in the rate of deforestation in the United States
and globally;
``(iv) to greenhouse gas emissions;
``(v) to significant geographic areas and habitats with
high biodiversity values (including species richness, the
presence of species that are exclusively native to a place,
or the presence of endangered species); or
``(vi) in the long-term capacity of the United States to
produce biomass feedstocks.
``(C) Baseline comparison.--In making an assessment or
quantifying effects of increased use of renewable fuels, the
studies shall use an appropriate baseline involving increased
use of the conventional transportation fuels, if displacement
by use of renewable fuels had not occurred.
``(3) Reports to congress.--The Administrator shall submit
to Congress a report summarizing the assessments and findings
of--
``(A) the first study, along with any recommendations by
the Administrator to mitigate adverse effects identified by
the study, not later than 3 years after the date of enactment
of this subsection; and
``(B) the second study, along with any recommendations by
the Administrator to mitigate adverse effects identified by
the study, not later December 31, 2015.''.
SEC. 163. INTEGRATED CONSIDERATION OF WATER QUALITY IN
DETERMINATIONS ON FUELS AND FUEL ADDITIVES.
Section 211(c)(1) of the Clean Air Act (42 U.S.C.
7545(c)(1)) is amended--
(1) by striking ``nonroad vehicle (A) if in the judgment of
the Administrator'' and inserting ``nonroad vehicle--
``(A) if, in the judgment of the Administrator, any fuel or
fuel additive or'';
(2) in subparagraph (A), by striking ``air pollution
which'' and inserting ``air pollution or water pollution
(including any degradation in the quality of groundwater)
that''; and
(3) by striking ``, or (B) if'' and inserting the
following: ``; or
``(B) if''.
SEC. 164. ANTI-BACKSLIDING.
Section 211 of the Clean Air Act (42 U.S.C. 7545) (as
amended by section 162) is amended by adding at the end the
following:
``(u) Prevention of Air Quality Deterioration.--
``(1) Study.--
``(A) In general.--Not later than 18 months after the date
of enactment of the Renewable Fuels, Consumer Protection, and
Energy Efficiency Act of 2007, the Administrator shall
complete a study to determine whether the renewable fuel
volumes required by that Act will adversely impact air
quality as a result of changes in vehicle and engine
emissions of air pollutants regulated under this Act.
``(B) Considerations.--The study shall include
consideration of--
``(i) different blend levels, types of renewable fuels, and
available vehicle technologies; and
``(ii) appropriate national, regional, and local air
quality control measures.
``(2) Regulations.--Not later than 3 years after the date
of enactment of the Renewable Fuels, Consumer Protection, and
Energy Efficiency Act of 2007, the Administrator shall--
[[Page 16393]]
``(A) promulgate regulations to implement appropriate
measures to mitigate, to the greatest extent achievable,
considering the results of the study under paragraph (1), any
adverse impacts on air quality, as the result of the
renewable volumes required by that Act; or
``(B) make a determination that no such measures are
necessary.
``(3) Other requirements.--Nothing in title I of the
Renewable Fuels, Consumer Protection, and Energy Efficiency
Act of 2007 supercedes or otherwise affects any Federal or
State requirement under any other provision of law that is
more stringent than any requirement of this title.''.
______
SA 1694. Mr. BINGAMAN (for himself, Mrs. Boxer, and Mr. Reid)
submitted an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
At the end of the amendment, add the following:
SEC. 165. LIFECYCLE GREENHOUSE GAS EMISSIONS FOR ADVANCED
BIOFUELS.
(a) 50-Percent Reduction.--In addition to or as part of the
regulations promulgated under section 111(a)(1), the
President shall promulgate regulations to ensure that
advanced biofuels achieve at least a 50-percent reduction in
lifecycle greenhouse gas emissions compared to the comparable
transportation fuel.
(b) Failure To Achieve.--Notwithstanding paragraphs (1) and
(3) of section 102 and section 111(a)--
(1) an advanced biofuel that achieves a reduction of at
least 20 percent, but less than 50 percent, in lifecycle
greenhouse gas emissions compared to gasoline shall be
considered a conventional biofuel under section 111(a); and
(2) an advanced biofuel that achieves a reduction of less
than 20 percent in lifecycle greenhouse gas emissions
compared to gasoline shall not be considered to be a
renewable fuel under section 111(a).
______
SA 1695. Mr. BINGAMAN (for himself, Mrs. Boxer, and Mr. Reid)
submitted an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
On page 7, between lines 23 and 24, insert the following:
(4) Lifecycle greenhouse gas emissions.--The term
``lifecycle greenhouse gas emissions'' means the aggregate
quantity of greenhouse gases attributable to the production,
transportation, and use of renewable fuel, including the
production, extraction, cultivation, distribution, marketing,
and transportation of feedstocks, as modified by deducting,
as determined by the Administrator of the Environmental
Protection Agency--
(A) any greenhouse gases captured at the facility and
sequestered; and
(B) the carbon content, expressed in units of carbon
dioxide equivalent, of any feedstock that is renewable
biomass.
On page 7, line 24, strike ``(4)'' and insert ``(5)''.
On page 9, line 11, strike ``(5)'' and insert ``(6)''.
On page 10, line 1, strike ``(6)'' and insert ``(7)''.
On page 10, line 3, strike ``(7)'' and insert ``(8)''.
______
SA 1696. Mr. NELSON of Nebraska (for himself, Mr. Craig, Mr. Crapo,
Mr. Kohl, Mr. Allard, and Mr. Thune) submitted an amendment intended to
be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R.
6, to reduce our Nation's dependency on foreign oil by investing in
clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. 2. CREDIT FOR PRODUCTION OF BIOGAS FROM CERTAIN
RENEWABLE FEEDSTOCKS.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 40A the following new section:
``SEC. 40B. BIOGAS PRODUCED FROM CERTAIN RENEWABLE
FEEDSTOCKS.
``(a) General Rule.--For purposes of section 38, the
qualified biogas production credit for any taxable year is an
amount equal to the product of--
``(1) $4.27, and
``(2) each million British thermal units (mmBtu) of
biogas--
``(A) produced by the taxpayer--
``(i) from qualified energy feedstock, and
``(ii) at a qualified facility, and
``(B) either--
``(i) sold by the taxpayer to an unrelated person during
the taxable year, or
``(ii) used by the taxpayer during the taxable year.
``(b) Definitions.--
``(1) Biogas.--The term `biogas' means a gas that--
``(A) is derived by processing qualified energy feedstock
through anaerobic digestion, gasification, or other similar
processes, and
``(B) is an energy or fuel alternative to fossil fuels such
as coal, natural gas or petroleum-based products.''
``(2) Qualified energy feedstock.--
``(A) In general.--The term `qualified energy feedstock'
means--
``(i) manure of agricultural livestock, including litter,
wood shavings, straw, rice hulls, bedding material, and other
materials incidentally collected with the manure,
``(ii) any nonhazardous, cellulosic, or other organic
agricultural or food industry byproduct or waste material
that is derived from--
``(I) harvesting residues,
``(II) wastes or byproducts from fermentation processes,
ethanol production, biodiesel production, slaughter of
agricultural livestock, food production, food processing, or
food service, or
``(III) other organic wastes, byproducts, or sources, or
``(iii) solid wood waste materials, including waste
pallets, crates, dunnage, manufacturing and construction wood
wastes, and landscape or right-of-way tree trimmings.
``(B) Exclusions.--The term `qualified energy feedstock'
does not include--
``(i) pressure-treated, chemically-treated, or painted wood
wastes,
``(ii) municipal solid waste,
``(iii) landfills, or
``(iv) paper that is commonly recycled.
``(C) Agricultural livestock.--The term `agricultural
livestock' means poultry, cattle, sheep, swine, goats,
horses, mules, and other equines.
``(3) Qualified facility.--The term `qualified facility'
means a facility that--
``(A) uses anaerobic digestion technology, gasification
technology, or other similar technologies to process
qualified energy feedstock into biogas,
``(B) is owned by the taxpayer,
``(C) is located in the United States,
``(D) is originally placed in service before January 1,
2018, and
``(E) the biogas output of which is--
``(i) marketed through interconnection with a gas
distribution or transmission pipeline, or
``(ii) used on-site or off-site in a quantity that is
sufficient to offset the consumption of at least 50,000 mmBtu
annually of commercially-marketed fuel derived from coal,
crude oil, natural gas, propane, or other fossil fuel.
``(c) Special Rules.--For purposes of this section--
``(1) Production attributable to the taxpayer.--In the case
of a facility in which more than 1 person has an ownership
interest, except to the extent provided in regulations
prescribed by the Secretary, production from the qualified
facility shall be allocated among such persons in proportion
to their respective ownership interests in the gross sales
from such qualified facility.
``(2) Related persons.--Persons shall be treated as related
to each other if such persons would be treated as a single
employer under the regulations prescribed under section
52(b). In the case of a corporation which is a member of an
affiliated group of corporations filing a consolidated
return, such corporation shall be treated as selling biogas
to an unrelated person if such biogas is sold to such a
person by another member of such group.
``(3) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(4) Coordination with credit from producing fuel from a
nonconventional source.--The amount of biogas produced and
sold or used by the taxpayer during any taxable year which is
taken into account under this section shall be reduced by the
amount of biogas produced and sold by the taxpayer in such
taxable year which is taken into account under section 45K.
``(5) Credit eligibility in the case of government-owned
facilities using poultry waste.--In the case of a facility
using poultry waste to produce biogas and owned by a
governmental unit, subparagraph (B) of subsection (b)(3)
shall be applied by substituting
[[Page 16394]]
`is leased or operated by the taxpayer' for `is owned by the
taxpayer'.
``(d) Transferability of Credit.--
``(1) In general.--A taxpayer may transfer the credit under
this section through an assignment to any person. Such
transfer may be revoked only with the consent of the
Secretary.
``(2) Regulations.--The Secretary shall prescribe such
regulations as necessary to ensure that any credit
transferred under paragraph (1) is claimed once and not
reassigned by such other person.
``(e) Adjustment Based on Inflation.--
``(1) In general.--The $4.27 amount under subsection (b)(1)
shall be adjusted by multiplying such amount by the inflation
adjustment factor for the calendar year in which the sale
occurs. If any amount as increased under the preceding
sentence is not a multiple of 0.1 cent, such amount shall be
rounded to the nearest multiple of 0.1 cent.
``(2) Computation of inflation adjustment factor.--
``(A) In general.--The Secretary shall, not later than
April 1 of each calendar year, determine and publish in the
Federal Register the inflation adjustment factor in
accordance with this paragraph.
``(B) Inflation adjustment factor.--The term `inflation
adjustment factor' means, with respect to a calendar year, a
fraction the numerator of which is the GDP implicit price
deflator for the preceding calendar year and the denominator
of which is the GDP implicit price deflator for calendar year
2007. The term `GDP implicit price deflator' means the most
recent revision of the implicit price deflator for the gross
domestic product as computed and published by the Department
of Commerce before March 15 of the calendar year.
``(f) Application of Section.--This section shall apply
with respect to biogas produced and sold--
``(1) after the date of the enactment of this section, and
``(2) before the date on which the Secretary of Energy
certifies that 100,000,000 British thermal units of biogas
have been produced at qualified facilities after such
date.''.
(b) Credit Treated as Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 is amended by striking
``plus'' at the end of paragraph (30), by striking the period
at the end of paragraph (31) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(32) the qualified biogas production credit under section
40B(a).''.
(c) Credit Allowed Against AMT.--Section 38(c)(4)(B) of the
Internal Revenue Code of 1986 is amended by striking ``and''
at the end of clause (i), by striking the period at the end
of clause (ii)(II) and inserting ``, and'', and by adding at
the end the following new clause:
``(iii) the credit determined under section 40B.''.
(d) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by inserting after the item
relating to section 40A the following new item:
``Sec. 40B. Biogas produced from certain renewable feedstocks.''.
(e) Effective Date.--The amendments made by this section
shall apply to biogas produced and sold or used in taxable
years beginning after the date of the enactment of this Act.
______
SA 1697. Mr. WEBB submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 283, after line 20, insert the following:
(d) Major Energy Producer Records.--
(1) In general.--Following the declaration of an energy
emergency by the President under section 606, a major energy
producer (as defined by section 702) shall maintain and shall
make available to the Federal Trade Commission, such books,
accounts, memoranda, and other records as the Commission
determines are relevant to determine whether the producer is
in violation of this title.
(2) Retention.--A major energy producer subject to
paragraph (1) shall retain records required by paragraph (1)
for a period of 1 year after the expiration of the
declaration of an energy emergency.
______
SA 1698. Ms. CANTWELL submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
In section 102(4), strike subparagraph (A) and insert the
following:
(A) nonmerchantable materials or precommercial thinnings
that--
(i) are byproducts of preventive treatments, such as trees,
wood, brush, thinnings, chips, and slash, that are removed--
(I) to reduce hazardous fuels;
(II) to reduce or contain disease or insect infestation; or
(III) to restore forest health;
(ii) would not otherwise be used for higher-value products;
and
(iii) are harvested from National Forest System land or
public land (as defined in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702))--
(I) where permitted by law; and
(II) in accordance with--
(aa) applicable land management plans; and
(bb) the requirements for old-growth maintenance,
restoration, and management direction of paragraphs (2), (3),
and (4) of subsection (e) and the requirements for large-tree
retention of subsection (f) of section 102 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6512); or
______
SA 1699. Ms. CANTWELL submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
Beginning on page 117, strike line 21 and all that follows
through page 118, line 10, and insert the following:
SEC. 241. LIGHTWEIGHT MATERIALS RESEARCH AND DEVELOPMENT.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall establish a
research and development program to determine ways in which--
(1) the weight of motor vehicle structures may be reduced
to improve fuel efficiency without compromising passenger
safety;
(2) the cost of primary lightweight materials (such as
high-strength steel alloys, aluminum, magnesium, and carbon
fiber for reinforced polymer composites) with the properties
required for the construction of lighter-weight vehicles may
be reduced; and
(3) the cost of processing, joining, and recycling
lightweight materials for high-volume applications may be
reduced.
(b) Authorization of Appropriations.--There is authorized
to the appropriated to carry out this section $90,000,000 for
each of fiscal years 2007 through 2012.
______
SA 1700. Ms. COLLINS submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle B of title I, add the following:
SEC. 13_. RESEARCH AND DEVELOPMENT IN SUPPORT OF LOW-CARBON
FUELS.
(a) Declaration of Policy.--Congress declares that, in
order to achieve maximum reductions in greenhouse gas
emissions, enhance national security, and ensure the
protection of wildlife habitat, biodiversity, water quality,
air quality, and rural and regional economies throughout the
lifecycle of each low-carbon fuel, it is necessary and
desirable to undertake a combination of basic and applied
research, as well as technology development and
demonstration, involving the colleges and universities of the
United States, in partnership with the Federal Government,
State governments, and the private sector.
(b) Purpose.--The purpose of this section is to provide for
research support to facilitate the development of sustainable
markets and technologies to produce and use woody biomass and
other low-carbon fuels for the production of thermal and
electric energy, biofuels, and bioproducts.
(c) Definition of Fuel Emission Baseline.--In this section,
the term ``fuel emission baseline'' means the average
lifecycle greenhouse gas emissions per unit of energy of the
fossil fuel component of conventional transportation fuels in
commerce in the United States in calendar year 2008, as
determined by the President.
[[Page 16395]]
(d) Grant Program.--The President shall establish a program
to provide to eligible entities (as identified by the
President) grants for use in--
(1) providing financial support for not more than 4 nor
less than 6 demonstration facilities that--
(A) use woody biomass to deploy advanced technologies for
production of thermal and electric energy, biofuels, and
bioproducts; and
(B) are targeted at regional feedstocks and markets;
(2) conducting targeted research for the development of
cellulosic ethanol and other liquid fuels from woody or other
biomass that may be used in transportation or stationary
applications, such as industrial processes or industrial,
commercial, and residential heating;
(3) conducting research into the best scientifically-based
and periodically-updated methods of assessing and certifying
the impacts of each low-carbon fuel with respect to--
(A) the reduction in lifecycle greenhouse gas emissions of
each fuel as compared to--
(i) the fuel emission baseline; and
(ii) the greenhouse gas emissions of other sectors, such as
the agricultural, industrial, and manufacturing sectors;
(B) the contribution of the fuel toward enhancing the
energy security of the United States by displacing imported
petroleum and petroleum products;
(C) any impacts of the fuel on wildlife habitat,
biodiversity, water quality, and air quality; and
(D) any effect of the fuel with respect to rural and
regional economies;
(4) conducting research to determine to what extent the use
of low-carbon fuels in the transportation sector would impact
greenhouse gas emissions in other sectors, such as the
agricultural, industrial, and manufacturing sectors;
(5) conducting research for the development of the supply
infrastructure that may provide renewable biomass feedstocks
in a consistent, predictable, and environmentally-sustainable
manner;
(6) conducting research for the development of supply
infrastructure that may provide renewable low-carbon fuels in
a consistent, predictable, and environmentally-sustainable
manner; and
(7) conducting policy research on the global movement of
low-carbon fuels in a consistent, predictable, and
environmentally-sustainable manner.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $45,000,000 for fiscal year 2009;
(2) $50,000,000 for fiscal year 2010;
(3) $55,000,000 for fiscal year 2011;
(4) $60,000,000 for fiscal year 2012; and
(5) $65,000,000 for fiscal year 2013.
______
SA 1701. Mrs. DOLE submitted an amendment to be proposed by her to
the bill S. 1639, to provide for comprehensive immigration reform and
for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
(s) Definition of Aggravated Felony and Additional Grounds
for Ineligibility for Z Nonimmigrant Status.--
(1) Aggravated felony.--Section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is
amended--
(A) by striking ``and'' at the end of subparagraph (T);
(B) by striking the period at the end of subparagraph (U)
and inserting ``; and'' and
(C) by adding at the end the following:
``(V) a second conviction for drunk driving, regardless of
the State in which the conviction occurred or whether the
offense is classified as a misdemeanor or a felony under
State law.''.
(2) Grounds for ineligibility.--In addition to the grounds
of ineligibility described in subsection (d)(1)(F), an alien
shall be ineligible for Z nonimmigrant status if the alien
has been convicted of drunk driving, regardless of the State
in which the conviction occurred or whether the offense is
classified as a misdemeanor or a felony under State law.
______
SA 1702. Ms. SNOWE (for herself and Mr. Kerry) submitted an amendment
intended to be proposed to amendment SA 1502 proposed by Mr. Reid to
the bill H.R. 6, to reduce our Nation's dependency on foreign oil by
investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 161, between lines 2 and 3, insert the following:
SEC. 269. EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY
EFFICIENCY.
Section 7(a)(31) of the Small Business Act (15 U.S.C.
636(a)(31)) is amended by adding at the end the following:
``(F) Express loans for renewable energy and energy
efficiency.--
``(i) Definitions.--In this subparagraph--
``(I) the term `biomass'--
``(aa) means any organic material that is available on a
renewable or recurring basis, including--
``(AA) agricultural crops;
``(BB) trees grown for energy production;
``(CC) wood waste and wood residues;
``(DD) plants (including aquatic plants and grasses);
``(EE) residues;
``(FF) fibers;
``(GG) animal wastes and other waste materials; and
``(HH) fats, oils, and greases (including recycled fats,
oils, and greases); and
``(bb) does not include--
``(AA) paper that is commonly recycled; or
``(BB) unsegregated solid waste;
``(II) the term `energy efficiency project' means the
installation or upgrading of equipment that results in a
significant reduction in energy usage; and
``(III) the term `renewable energy system' means a system
of energy derived from--
``(aa) a wind, solar, biomass (including biodiesel), or
geothermal source; or
``(bb) hydrogen derived from biomass or water using an
energy source described in item (aa).
``(ii) Loans.--Loans may be made under the `Express Loan
Program' for the purpose of--
``(I) purchasing a renewable energy system; or
``(II) an energy efficiency project for an existing
business.''.
______
SA 1703. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place insert the following:
SEC. ___. TAX TREATMENT OF INCOME RECEIVED IN CONNECTION WITH
THE EXXON VALDEZ LITIGATION.
(a) Income Averaging of Amounts Received From the Exxon
Valdez Litigation.--For purposes of section 1301 of the
Internal Revenue Code of 1986--
(1) any qualified taxpayer who receives any qualified
settlement income in any taxable year shall be treated as
engaged in a fishing business (determined without regard to
the commercial nature of the business), and
(2) such qualified settlement income shall be treated as
income attributable to such a fishing business for such
taxable year.
(b) Qualified Settlement Income Not Included in SECA.--For
purposes of chapter 2 of the Internal Revenue Code of 1986
and section 211 of the Social Security Act, no portion of
qualified settlement income received by a qualified taxpayer
shall be treated as self-employment income.
(c) Qualified Taxpayer.--For purposes of this section, the
term ``qualified taxpayer'' means--
(1) any plaintiff in the civil action In re Exxon Valdez,
No. 89-095-CV (HRH) (Consolidated) (D. Alaska); or
(2) any beneficiary of the estate of such a plaintiff who--
(A) acquired the right to receive qualified settlement
income from that plaintiff; and
(B) was the spouse or an immediate relative of that
plaintiff.
(d) Qualified Settlement Income.--For purposes of this
section, the term ``qualified settlement income'' means
income, including interest and any punitive damage award,
received (whether as lump sums or periodic payments) in
connection with the civil action In re Exxon Valdez, No. 89-
095-CV (HRH) (Consolidated) (D. Alaska) (whether pre- or post
judgment and whether related to a settlement or judgment).
______
SA 1704. Mr. BAUCUS (for himself, Mr. Grassley, Mr. Bingaman, Ms.
Cantwell, Mr. Wyden, Mr. Schumer, Mr. Salazar, and Ms. Snowe) proposed
an amendment to amendment SA 1502 proposed by Mr. Reid to the bill H.R.
6, to reduce our Nation's dependency on foreign oil by investing in
clean, renewable, and alternative energy resources, promoting new
emerging energy technologies, developing greater efficiency, and
creating a Strategic Energy Efficiency and Renewables Reserve to invest
in alternative energy, and for other purposes; which was ordered to lie
on the table; as follows:
At the end add the following:
TITLE VIII--ENERGY TAX PROVISIONS
SEC. 800. SHORT TITLE; ETC.
(a) Short Title.--This title may be cited as the ``Energy
Advancement and Investment Act of 2007''.
[[Page 16396]]
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this
title is as follows:
TITLE VIII--ENERGY TAX PROVISIONS
Sec. 800. Short title; etc.
Subtitle A--Energy Advancement and Investment
PART I--Advanced Electricity Infrastructure
Sec. 801. Extension and modification of renewable electricity, refined
coal, and Indian coal production credit.
Sec. 802. Extension and modification of credit for clean renewable
energy bonds.
Sec. 803. Clean coal energy bonds.
Sec. 804. Extension and modification of energy credit.
Sec. 805. Energy credit for combined heat and power system property.
Sec. 806. Special depreciation allowance for certain electric
transmission property.
Sec. 807. Extension of special rule to implement FERC restructuring
policy.
Sec. 808. Extension and modification of credit for residential energy
efficient property.
Sec. 809. Credit for residential wind property.
Sec. 810. Expansion and modification of advanced coal project
investment credit.
Sec. 811. Expansion and modification of coal gasification investment
credit.
Sec. 812. Seven-year applicable recovery period for depreciation of
qualified energy management devices.
Sec. 813. Landowner incentive to encourage electric transmission build-
out.
PART II--Carbon Dioxide Sequestration
Sec. 815. Tax credit for carbon dioxide sequestration.
Sec. 816. Seven-year applicable recovery period for depreciation of
qualified carbon dioxide pipeline property.
Sec. 817. Certain income and gains relating to industrial source carbon
dioxide treated as qualifying income for publicly traded
partnerships.
PART III--Domestic Fuel Security
Sec. 821. Credit for production of cellulosic biomass alcohol.
Sec. 822. Expansion of special allowance to cellulosic biomass alcohol
fuel plant property.
Sec. 823. Extension of small ethanol producer credit.
Sec. 824. Credit for producers of fossil free alcohol.
Sec. 825. Modification of alcohol credit.
Sec. 826. Extension and modification of credit for biodiesel used as
fuel .
Sec. 827. Extension and modification of alternative fuel credit.
Sec. 828. Extension of alternative fuel vehicle refueling property
credit.
Sec. 829. Extension of suspension of taxable income limit on percentage
depletion for oil and natural gas produced from marginal
properties.
Sec. 830. Extension and modification of election to expense certain
refineries.
Sec. 831. Ethanol tariff extension.
Sec. 832. Elimination of duty drawback on certain imported ethanol.
Sec. 833. Certain income and gains relating to alcohol fuel mixtures,
biodiesel fuel mixtures, and alternative fuel treated as
qualifying income for publicly traded partnerships.
Sec. 834. Technical amendments.
PART IV--Advanced Technology Vehicles
Sec. 841. Expansion and modification of credit for alternative fuel
motor vehicles.
Sec. 842. Credit for plug-in electric drive motor vehicles.
Sec. 843. Exclusion from heavy truck tax for idling reduction units and
advanced insulation added after purchase.
PART V--Conservation and Energy Efficiency
Sec. 851. Extension and modification of nonbusiness energy property
credit.
Sec. 852. Extension and modification of new energy efficient home
credit.
Sec. 853. Extension and modification of energy efficient commercial
buildings deduction.
Sec. 854. Modifications of energy efficient appliance credit for
appliances produced after 2007.
PART VI--Accountability Studies
Sec. 861. Cost-benefit analysis of pollution reduction and saving in
imported oil per dollar of tax benefit.
Sec. 862. Effect of energy related tax benefits on prices for consumer
goods.
Sec. 863. Study on tax-credit bonds.
PART VII--Other Provisions
SUBPART A--Timber Provisions
Sec. 871. Deduction for qualified timber gain.
Sec. 872. Excise tax not applicable to section 1203 deduction of real
estate investment trusts.
Sec. 873. Timber REIT modernization.
Sec. 874. Mineral royalty income qualifying income for timber REITs.
Sec. 875. Modification of taxable REIT subsidiary asset test for timber
REITs.
Sec. 876. Safe harbor for timber property.
SUBPART B--Miscellaneous
Sec. 877. Special rules for refund of the coal excise tax to certain
coal producers and exporters.
Sec. 878. Credit to holders of rural renaissance bonds.
Subtitle B--Revenue Raising Provisions
Sec. 881. Denial of deduction for major integrated oil companies for
income attributable to domestic production of oil,
natural gas, or primary products thereof.
Sec. 882. Elimination of the different treatment of foreign oil and gas
extraction income and foreign oil related income for
purposes of the foreign tax credit.
Sec. 883. Increase and extension of Oil Spill Liability Trust Fund tax.
Sec. 884. Limitation on drawback claimed for amounts deposited into the
Oil Spill Liability Trust Fund.
Sec. 885. Tax on crude oil and natural gas produced from the outer
Continental Shelf in the Gulf of Mexico.
Sec. 886. Taxation of taxable fuels in foreign trade zones.
Sec. 887. Clarification of penalty for sale of fuel failing to meet EPA
regulations.
Sec. 888. Clarification of eligibility for certain fuels credits for
fuel with insufficient nexus to the United States.
Sec. 889. Treatment of qualified alcohol fuel mixtures and qualified
biodiesel fuel mixtures as taxable fuels.
Sec. 890. Calculation of volume of alcohol for fuel credits.
Sec. 891. Bulk transfer exception not to apply to finished gasoline.
Sec. 892. Application of rules treating inverted corporations as
domestic corporations to certain transactions occurring
after March 20, 2002.
Sec. 893. Modification of effective date of leasing provisions of the
American Jobs Creation Act of 2004.
Sec. 894. Revision of tax rules on expatriation of individuals.
Subtitle C--Secure Rural Schools and Community Self-Determination
Program
Sec. 901. Secure rural schools and community self-determination
program.
Subtitle A--Energy Advancement and Investment
PART I--ADVANCED ELECTRICITY INFRASTRUCTURE
SEC. 801. EXTENSION AND MODIFICATION OF RENEWABLE
ELECTRICITY, REFINED COAL, AND INDIAN COAL
PRODUCTION CREDIT.
(a) Extension.--
(1) In general.--Section 45(d) (relating to qualified
facilities) is amended--
(A) by striking ``January 1, 2009'' each place it appears
in paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9)
and inserting ``January 1, 2014'', and
(B) by striking ``7-year period'' both places it appears in
paragraph (10)(A) and inserting ``8-year period''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(b) Credit Rate for Electricity Maintained at 2007 Level.--
(1) In general.--Section 45(a)(1) (relating to general
rule) is amended by striking ``1.5 cents'' and inserting ``2
cents''.
(2) No inflation adjustment.--Section 45(b)(2) (relating to
credit and phaseout adjustment based on inflation) is amended
by striking ``1.5 cent amount in subsection (a), the''.
(3) Conforming amendments.--Section 45(b)(4)(A) is
amended--
(A) by striking ``2003'' and inserting ``2006'', and
(B) by striking ``the amount in effect'' and all that
follows and inserting ``subsection (a)(1) shall be applied by
substituting `0.9 cent' for `2 cents'.''.
(4) Effective date.--The amendments made by this subsection
shall apply to electricity produced and sold after December
31, 2006.
(c) Modification of Refined Coal as a Qualified Energy
Resource.--
(1) Elimination of increased market value test.--Section
45(c)(7)(A) (defining refined coal) is amended--
[[Page 16397]]
(A) by striking clause (iv),
(B) by adding ``and'' at the end of clause (ii), and
(C) by striking ``, and'' at the end of clause (iii) and
inserting a period.
(2) Increase in required emission reduction.--Section
45(c)(7)(B) (defining qualified emission reduction) is
amended by inserting ``at least 40 percent of the emissions
of'' after ``nitrogen oxide and''.
(3) Effective date.--The amendments made by this subsection
shall apply to coal produced and sold after December 31,
2007.
(d) Credit Allowed for On-Site Use of Electricity Produced
From Biomass.--
(1) On-site use.--Section 45(e) (relating to definitions
and special rules) is amended by adding at the end the
following new paragraph:
``(12) Credit allowed for on-site use of electricity
produced from biomass.--In the case of electricity produced
after December 31, 2007, at any facility described in
paragraph (2) or (3) which is equipped with net metering to
determine electricity consumption or sale (such consumption
or sale to be verified by a third party as determined by the
Secretary), subsection (a)(2) shall be applied without regard
to subparagraph (B) thereof.''.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date of the enactment of this Act.
(e) Expansion of Resources to Wave, Current, Tidal, and
Ocean Thermal Energy.--
(1) In general.--Section 45(c)(1) (defining qualified
energy resources) is amended by striking ``and'' at the end
of subparagraph (G), by striking the period at the end of
subparagraph (H) and inserting ``, and'', and by adding at
the end the following new subparagraph:
``(I) wave, current, tidal, and ocean thermal energy.''.
(2) Definition of resources.--Section 45(c) is amended by
adding at the end the following new paragraph:
``(10) Wave, current, tidal, and ocean thermal energy.--The
term `wave, current, tidal, and ocean thermal energy' means
electricity produced from any of the following:
``(A) Free flowing ocean water derived from tidal currents,
ocean currents, waves, or estuary currents.
``(B) Ocean thermal energy.''.
(3) Facilities.--Section 45(d) is amended by adding at the
end the following new paragraph:
``(11) Wave, current, tidal, and ocean thermal facility.--
In the case of a facility using resources described in
subparagraph (A), (B), or (C) of subsection (c)(10) to
produce electricity, the term `qualified facility' means any
facility owned by the taxpayer which is originally placed in
service after the date of the enactment of this paragraph and
before January 1, 2014, but such term shall not include a
facility which includes impoundment structures or a small
irrigation power facility.''.
(4) Credit rate.--Section 45(b)(4)(A) (relating to credit
rate), as amended by this section, is amended by striking
``or (9)'' and inserting ``(9), or (11)''.
(5) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(f) Trash Facility Clarification.--
(1) In general.--Paragraph (7) of section 45(d) is
amended--
(A) by striking ``facility which burns'' and inserting
``facility (other than a facility described in paragraph (6))
which uses'', and
(B) by striking ``combustion''.
(2) Effective date.--The amendments made by this subsection
shall apply to electricity produced and sold before, on, or
after December 31, 2007.
SEC. 802. EXTENSION AND MODIFICATION OF CREDIT FOR CLEAN
RENEWABLE ENERGY BONDS.
(a) Increase in Amount of Bonds Designated; 4-Year
Extension.--
(1) In general.--Section 54(f) (relating to limitation on
amount of bonds designated) is amended by adding at the end
the following new paragraph:
``(3) National annual limitation.--
``(A) In general.--There is a national clean renewable
energy bond annual limitation for each calendar year. Such
limitation is $900,000,000 for 2008, 2009, 2010, and 2011,
and, except as provided in subparagraph (C), zero thereafter.
``(B) Allocation by secretary.--The national clean
renewable energy bond limitation for a calendar year shall be
allocated by the Secretary among qualified projects in such
manner as the Secretary determines appropriate, except that
the Secretary may not allocate more than $563,000,000 of such
limitation for each calendar year to finance qualified
projects of qualified borrowers which are governmental
bodies, of which not less than one-half of such amount shall
be allocated with respect to qualified projects equaling or
exceeding $10,000,000 in capital expenditures per project.
``(C) Carryover of unused limitation.--If for any calendar
year, the national clean renewable energy bond annual
limitation for such year exceeds the amount of bonds
allocated during such year, such limitation for the following
calendar year shall be increased by the amount of such
excess. Any carryforward of a limitation may be carried only
to the first year following the unused limitation year. For
purposes of the preceding sentence, a limitation shall be
treated as used on a first-in first-out basis.''.
(2) Conforming amendment.--Section 54 is amended by
striking subsection (m).
(b) Limitation on Time for Issuance.--Section 54(d)(1)(A)
(defining clean renewable energy bond) is amended by
inserting ``, or is issued by the qualified issuer pursuant
to an allocation by the Secretary to such issuer of a portion
of the national clean renewable energy bond annual limitation
under subsection (f)(3) by not later than the end of the
calendar year following the year of such allocation'' after
``subsection (f)(2)''.
(c) Modification of Ratable Principal Amortization
Requirement.--
(1) In general.--Paragraph (5) of section 54(l) is amended
to read as follows:
``(5) Ratable principal amortization required.--A bond
shall not be treated as a clean renewable energy bond unless
it is part of an issue which provides for an equal amount of
principal to be paid by the qualified issuer during each 12-
month period that the issue is outstanding (other than the
first 12-month period in the case of bonds issued pursuant to
an allocation under subsection (f)(3)).''.
(2) Conforming amendment.--The third sentence of section
54(e)(2) is amended by striking ``subsection (l)(6)'' and
inserting ``subsection (l)(5)''.
(d) Qualified Project Includes Certain Transmission
Lines.--Section 54(d)(2)(A) (defining qualified project) is
amended by inserting ``and any electric transmission property
capital expenditures (as defined in section
172(b)(1)(I)(v)(I)) related to such facility'' after
``qualified borrower''.
(e) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 803. CLEAN COAL ENERGY BONDS.
(a) In General.--Subpart H of part IV of subchapter A of
chapter 1 is amended by adding at the end the following new
section:
``SEC. 54A. CREDIT TO HOLDERS OF CLEAN COAL ENERGY BONDS.
``(a) Allowance of Credit.--If a taxpayer holds a clean
coal energy bond on 1 or more credit allowance dates of the
bond occurring during any taxable year, there shall be
allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the sum of the
credits determined under subsection (b) with respect to such
dates.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance
date for a clean coal energy bond is 25 percent of the annual
credit determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any clean coal energy bond is the product of--
``(A) the credit rate determined by the Secretary under
paragraph (3) for the day on which such bond was sold,
multiplied by
``(B) the outstanding face amount of the bond.
``(3) Determination.--For purposes of paragraph (2), with
respect to any clean coal energy bond, the Secretary shall
determine daily or cause to be determined daily a credit rate
which shall apply to the first day on which there is a
binding, written contract for the sale or exchange of the
bond. The credit rate for any day is the credit rate which
the Secretary or the Secretary's designee estimates will
permit the issuance of clean coal energy bonds with a
specified maturity or redemption date without discount and
without interest cost to the qualified issuer.
``(4) Credit allowance date.--For purposes of this section,
the term `credit allowance date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
``Such term also includes the last day on which the bond is
outstanding.
``(5) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period
ending on a credit allowance date, the amount of the credit
determined under this subsection with respect to such credit
allowance date shall be a ratable portion of the credit
otherwise determined based on the portion of the 3-month
period during which the bond is outstanding. A similar rule
shall apply when the bond is redeemed or matures.
``(c) Limitation Based on Amount of Tax.--The credit
allowed under subsection (a) for any taxable year shall not
exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this part
(other than subpart C, section 1400N(l), and this section).
``(d) Clean Coal Energy Bond.--For purposes of this
section--
``(1) In general.--The term `clean coal energy bond' means
any bond issued as part of an issue if--
``(A) the bond is issued by a qualified issuer pursuant to
an allocation by the Secretary
[[Page 16398]]
to such issuer of a portion of the national clean coal energy
bond limitation under subsection (f)(2),
``(B) 95 percent or more of the proceeds from the sale of
such issue are to be used for capital expenditures incurred
by qualified borrowers for 1 or more qualified projects,
``(C) the qualified issuer designates such bond for
purposes of this section and the bond is in registered form,
and
``(D) the issue meets the requirements of subsection (h).
``(2) Qualified project; special use rules.--
``(A) In general.--The term `qualified project' means a
qualifying advanced coal project (as defined in section
48A(c)(1)) placed in service by a qualified borrower.
``(B) Refinancing rules.--For purposes of paragraph (1)(B),
a qualified project may be refinanced with proceeds of a
clean coal energy bond only if the indebtedness being
refinanced (including any obligation directly or indirectly
refinanced by such indebtedness) was originally incurred by a
qualified borrower after the date of the enactment of this
section.
``(C) Reimbursement.--For purposes of paragraph (1)(B), a
clean coal energy bond may be issued to reimburse a qualified
borrower for amounts paid after the date of the enactment of
this section with respect to a qualified project, but only
if--
``(i) prior to the payment of the original expenditure, the
qualified borrower declared its intent to reimburse such
expenditure with the proceeds of a clean coal energy bond,
``(ii) not later than 60 days after payment of the original
expenditure, the qualified issuer adopts an official intent
to reimburse the original expenditure with such proceeds, and
``(iii) the reimbursement is made not later than 18 months
after the date the original expenditure is paid.
``(D) Treatment of changes in use.--For purposes of
paragraph (1)(B), the proceeds of an issue shall not be
treated as used for a qualified project to the extent that a
qualified borrower takes any action within its control which
causes such proceeds not to be used for a qualified project.
The Secretary shall prescribe regulations specifying remedial
actions that may be taken (including conditions to taking
such remedial actions) to prevent an action described in the
preceding sentence from causing a bond to fail to be a clean
coal energy bond.
``(e) Maturity Limitations.--
``(1) Duration of term.--A bond shall not be treated as a
clean coal energy bond if the maturity of such bond exceeds
the maximum term determined by the Secretary under paragraph
(2) with respect to such bond.
``(2) Maximum term.--During each calendar month, the
Secretary shall determine the maximum term permitted under
this paragraph for bonds issued during the following calendar
month. Such maximum term shall be the term which the
Secretary estimates will result in the present value of the
obligation to repay the principal on the bond being equal to
50 percent of the face amount of such bond. Such present
value shall be determined without regard to the requirements
of subsection (l)(5) and using as a discount rate the average
annual interest rate of tax of tax-exempt obligations having
a term of 10 years or more which are issued during the month.
If the term as so determined is not a multiple of a whole
year, such term shall be rounded to the next highest whole
year.
``(f) Limitation on Amount of Bonds Designated.--
``(1) National limitation.--There is a national clean coal
energy bond limitation of $3,000,000,000.
``(2) Allocation by secretary.--The Secretary shall
allocate the amount described in paragraph (1) among
qualified projects in such manner as the Secretary determines
appropriate, except that the Secretary may not allocate more
than $1,875,000,000 of the national clean coal energy bond
limitation to finance qualified projects of qualified
borrowers which are governmental bodies.
``(g) Credit Included in Gross Income.--Gross income
includes the amount of the credit allowed to the taxpayer
under this section (determined without regard to subsection
(c)) and the amount so included shall be treated as interest
income.
``(h) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if, as of the date of
issuance, the qualified issuer reasonably expects--
``(A) at least 95 percent of the proceeds from the sale of
the issue are to be spent for 1 or more qualified projects
within the 5-year period beginning on the date of issuance of
the clean coal energy bond,
``(B) a binding commitment with a third party to spend at
least 10 percent of the proceeds from the sale of the issue
will be incurred within the 6-month period beginning on the
date of issuance of the clean coal energy bond or, in the
case of a clean coal energy bond the proceeds of which are to
be loaned to 2 or more qualified borrowers, such binding
commitment will be incurred within the 6-month period
beginning on the date of the loan of such proceeds to a
qualified borrower, and
``(C) such projects will be completed with due diligence
and the proceeds from the sale of the issue will be spent
with due diligence.
``(2) Extension of period.--Upon submission of a request
prior to the expiration of the period described in paragraph
(1)(A), the Secretary may extend such period if the qualified
issuer establishes that the failure to satisfy the 5-year
requirement is due to reasonable cause and the related
projects will continue to proceed with due diligence.
``(3) Failure to spend required amount of bond proceeds
within 5 years.--To the extent that less than 95 percent of
the proceeds of such issue are expended by the close of the
5-year period beginning on the date of issuance (or if an
extension has been obtained under paragraph (2), by the close
of the extended period), the qualified issuer shall redeem
all of the nonqualified bonds within 90 days after the end of
such period. For purposes of this paragraph, the amount of
the nonqualified bonds required to be redeemed shall be
determined in the same manner as under section 142.
``(i) Special Rules Relating to Arbitrage.--A bond which is
part of an issue shall not be treated as a clean coal energy
bond unless, with respect to the issue of which the bond is a
part, the qualified issuer satisfies the arbitrage
requirements of section 148 with respect to proceeds of the
issue.
``(j) Cooperative Electric Company; Clean Coal Energy Bond
Lender; Governmental Body; Qualified Borrower.--For purposes
of this section--
``(1) Cooperative electric company.--The term `cooperative
electric company' means a mutual or cooperative electric
company described in section 501(c)(12) or section
1381(a)(2)(C), or a not-for-profit electric utility which has
received a loan or loan guarantee under the Rural
Electrification Act.
``(2) Clean coal energy bond lender.--The term `clean coal
energy bond lender' means a lender which is a cooperative
which is owned by, or has outstanding loans to, 100 or more
cooperative electric companies and is in existence on
February 1, 2002, and shall include any affiliated entity
which is controlled by such lender.
``(3) Governmental body.--The term `governmental body'
means any State, territory, possession of the United States,
the District of Columbia, Indian tribal government, and any
political subdivision thereof.
``(4) Qualified issuer.--The term `qualified issuer'
means--
``(A) a clean coal energy bond lender,
``(B) a cooperative electric company, or
``(C) a governmental body.
``(5) Qualified borrower.--The term `qualified borrower'
means--
``(A) a mutual or cooperative electric company described in
section 501(c)(12) or 1381(a)(2)(C), or
``(B) a governmental body.
``(k) Special Rules Relating to Pool Bonds.--No portion of
a pooled financing bond may be allocable to any loan unless
the borrower has entered into a written loan commitment for
such portion prior to the issue date of such issue.
``(l) Other Definitions and Special Rules.--For purposes of
this section--
``(1) Bond.--The term `bond' includes any obligation.
``(2) Pooled financing bond.--The term `pooled financing
bond' shall have the meaning given such term by section
149(f)(4)(A).
``(3) Partnership; s corporation; and other pass-thru
entities.--
``(A) In general.--Under regulations prescribed by the
Secretary, in the case of a partnership, trust, S
corporation, or other pass-thru entity, rules similar to the
rules of section 41(g) shall apply with respect to the credit
allowable under subsection (a).
``(B) No basis adjustment.--Rules similar to the rules
under section 1397E(l) shall apply.
``(4) Bonds held by regulated investment companies.--If any
clean coal energy bond is held by a regulated investment
company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(5) Ratable principal amortization required.--A bond
shall not be treated as a clean coal energy bond unless it is
part of an issue which provides for an equal amount principal
to be paid by the qualified issuer during each 12-month
period that the issue is outstanding (other than the first
12-month period).
``(6) Reporting.--Issuers of clean coal energy bonds shall
submit reports similar to the reports required under section
149(e).
``(m) Termination.--This section shall not apply with
respect to any bond issued after December 31, 2012.''.
(b) Reporting.--Subsection (d) of section 6049 (relating to
returns regarding payments of interest) is amended by adding
at the end the following new paragraph:
``(9) Reporting of credit on clean coal energy bonds.--
``(A) In general.--For purposes of subsection (a), the term
`interest' includes amounts includible in gross income under
section 54A(g) and such amounts shall be treated as paid on
the credit allowance date (as defined in section 54A(b)(4)).
``(B) Reporting to corporations, etc.--Except as otherwise
provided in regulations,
[[Page 16399]]
in the case of any interest described in subparagraph (A),
subsection (b)(4) shall be applied without regard to
subparagraphs (A), (H), (I), (J), (K), and (L)(i) of such
subsection.
``(C) Regulatory authority.--The Secretary may prescribe
such regulations as are necessary or appropriate to carry out
the purposes of this paragraph, including regulations which
require more frequent or more detailed reporting.''.
(c) Conforming Amendment.--Section 54(c)(2) is amended by
inserting ``section 54A,'' after ``subpart C,''.
(d) Clerical Amendment.--The table of sections for subpart
H of part IV of subchapter A of chapter 1 is amended by
adding at the end the following new item:
``Sec. 54A. Credit to holders of clean coal energy bonds.''.
(e) Issuance of Regulations.--The Secretary of the Treasury
shall issues regulations required under section 54A of the
Internal Revenue Code of 1986 (as added by this section) not
later than 120 days after the date of the enactment of this
Act.
(f) Effective Date.--The amendments made by this section
shall apply to bonds issued after December 31, 2007.
SEC. 804. EXTENSION AND MODIFICATION OF ENERGY CREDIT.
(a) Extension.--
(1) Qualified fuel cell property.--Subparagraph (E) of
section 48(c)(1) is amended by striking ``December 31, 2008''
and inserting ``December 31, 2016''.
(2) Qualified microturbine property.--Subparagraph (E) of
section 48(c)(2) is amended by striking ``December 31, 2008''
and inserting ``December 31, 2016''.
(3) Solar property.--Paragraphs (2)(i)(II) and (3)(A)(ii)
of section 48(a) are each amended by striking ``January 1,
2009'' and inserting ``January 1, 2017''.
(b) Repeal of Public Utility Property Exclusion.--
(1) In general.--Paragraph (3) of section 48(a), as amended
by subsection (a)(3), is amended by striking the first
sentence which follows subparagraph (D).
(2) Conforming amendments.--
(A) Section 48(c)(1), as amended by subsection (a)(1), is
amended by striking subparagraph (D) and by redesignating
subparagraph (E) as subparagraph (D).
(B) Section 48(c)(2), as amended by subsection (a)(2), is
amended by striking subparagraph (D) and by redesignating
subparagraph (E) as subparagraph (D).
(c) Repeal of Dollar Per Kilowatt Limitation for Fuel Cell
Property.--
(1) In general.--Section 48(c)(1), as amended by subsection
(b)(2)(A), is amended by striking subparagraph (B) and by
redesignating subparagraphs (C) and (D) as subparagraphs (B)
and (C), respectively.
(2) Conforming amendment.--Section 48(a)(1) is amended by
striking ``paragraphs (1)(B) and (2)(B) of subsection (c)''
and inserting ``subsection (c)(2)(B)''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by section shall apply to periods after the
date of the enactment of this Act, in taxable years ending
after such date, under rules similar to the rules of section
48(m) of the Internal Revenue Code of 1986 (as in effect on
the day before the date of the enactment of the Revenue
Reconciliation Act of 1990).
(2) Extensions.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 805. ENERGY CREDIT FOR COMBINED HEAT AND POWER SYSTEM
PROPERTY.
(a) In General.--Section 48(a)(3)(A) (defining energy
property) is amended by striking ``or'' at the end of clause
(iii), by inserting ``or'' at the end of clause (iv), and by
adding at the end the following new clause:
``(v) combined heat and power system property,''.
(b) Combined Heat and Power System Property.--Section 48
(relating to energy credit; reforestation credit) is amended
by adding at the end the following new subsection:
``(d) Combined Heat and Power System Property.--For
purposes of subsection (a)(3)(A)(v)--
``(1) Combined heat and power system property.--The term
`combined heat and power system property' means property
comprising a system--
``(A) which uses the same energy source for the
simultaneous or sequential generation of electrical power,
mechanical shaft power, or both, in combination with the
generation of steam or other forms of useful thermal energy
(including heating and cooling applications),
``(B) which has an electrical capacity of not more than 15
megawatts or a mechanical energy capacity of not more than
2,000 horsepower or an equivalent combination of electrical
and mechanical energy capacities,
``(C) which produces--
``(i) at least 20 percent of its total useful energy in the
form of thermal energy which is not used to produce
electrical or mechanical power (or combination thereof), and
``(ii) at least 20 percent of its total useful energy in
the form of electrical or mechanical power (or combination
thereof),
``(D) the energy efficiency percentage of which exceeds 60
percent, and
``(E) which is placed in service before January 1, 2017.
``(2) Special rules.--
``(A) Energy efficiency percentage.--For purposes of this
subsection, the energy efficiency percentage of a system is
the fraction--
``(i) the numerator of which is the total useful
electrical, thermal, and mechanical power produced by the
system at normal operating rates, and expected to be consumed
in its normal application, and
``(ii) the denominator of which is the lower heating value
of the fuel sources for the system.
``(B) Determinations made on btu basis.--The energy
efficiency percentage and the percentages under paragraph
(1)(C) shall be determined on a Btu basis.
``(C) Input and output property not included.--The term
`combined heat and power system property' does not include
property used to transport the energy source to the facility
or to distribute energy produced by the facility.
``(3) Systems using biomass.--If a system is designed to
use biomass (within the meaning of paragraphs (2) and (3) of
section 45(c) without regard to the last sentence of
paragraph (3)(A)) for at least 90 percent of the energy
source--
``(A) paragraph (1)(D) shall not apply, but
``(B) the amount of credit determined under subsection (a)
with respect to such system shall not exceed the amount which
bears the same ratio to such amount of credit (determined
without regard to this paragraph) as the energy efficiency
percentage of such system bears to 60 percent.''.
(c) Effective Date.--The amendments made by this section
shall apply to periods after the date of the enactment of
this Act, in taxable years ending after such date, under
rules similar to the rules of section 48(m) of the Internal
Revenue Code of 1986 (as in effect on the day before the date
of the enactment of the Revenue Reconciliation Act of 1990).
SEC. 806. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN ELECTRIC
TRANSMISSION PROPERTY.
(a) In General.--Section 168 (relating to accelerated cost
recovery system) is amended by adding at the end the
following:
``(m) Special Allowance for Certain Electric Transmission
Property.--
``(1) Additional allowance.--In the case of any specified
electric transmission property--
``(A) the depreciation deduction provided by section 167(a)
for the taxable year in which such property is placed in
service shall include an allowance equal to 50 percent of the
adjusted basis of such property, and
``(B) the adjusted basis of such property shall be reduced
by the amount of such deduction before computing the amount
otherwise allowable as a depreciation deduction under this
chapter for such taxable year and any subsequent taxable
year.
``(2) Specified electric transmission property.--The term
`specified electric transmission property' means property of
a character subject to the allowance for depreciation--
``(A) which is used in the United States as a generator tie
to solely transmit electricity from any qualified facility
described in section 45(d) (without regard to any placed in
service date or the last sentence of paragraph (4) thereof)
to the grid,
``(B) the original use of which commences with the taxpayer
after the date of the enactment of this subsection,
``(C) which is acquired by the taxpayer by purchase (as
defined in section 179(d)) after the date of the enactment of
this subsection, but only if no written binding contract for
the acquisition was in effect on or before the date of the
enactment of this subsection, and
``(D) which is placed in service by the taxpayer before
January 1, 2014.
``(3) Exceptions.--
``(A) Alternative depreciation property.--Such term shall
not include any property described in section
168(k)(2)(D)(i).
``(B) Election out.--If a taxpayer makes an election under
this subparagraph with respect to any class of property for
any taxable year, this subsection shall not apply to all
property in such class placed in service during such taxable
year.
``(4) Special rules.--For purposes of this subsection,
rules similar to the rules of subparagraph (E) of section
168(k)(2) shall apply, except that such subparagraph shall be
applied--
``(A) by substituting `the date of the enactment of
subsection (l)' for `September 10, 2001' each place it
appears therein,
``(B) by substituting `January 1, 2014' for `January 1,
2005' in clause (i) thereof, and
``(C) by substituting `specified electric transmission
property' for `qualified property' in clause (iv) thereof.
``(5) Recapture.--For purposes of this subsection, rules
similar to the rules under section 179(d)(10) shall apply
with respect to any specified electric transmission property
which ceases to be specified electric transmission
property.''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after the date of
the enactment of this Act in taxable years ending after such
date.
[[Page 16400]]
SEC. 807. EXTENSION OF SPECIAL RULE TO IMPLEMENT FERC
RESTRUCTURING POLICY.
(a) Qualifying Electric Transmission Transaction.--
(1) In general.--Section 451(i)(3) (defining qualifying
electric transmission transaction) is amended by striking
``January 1, 2008'' and inserting ``January 1, 2010''.
(2) Effective date.--The amendment made by this subsection
shall apply to transactions after December 31, 2007.
(b) Independent Transmission Company.--
(1) In general.--Section 451(i)(4)(B)(ii) (defining
independent transmission company) is amended by striking
``December 31, 2007'' and inserting ``the date which is 2
years after the date of such transaction''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the amendments made by
section 909 of the American Jobs Creation Act of 2004.
SEC. 808. EXTENSION AND MODIFICATION OF CREDIT FOR
RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) Extension.--Section 25D(g) (relating to termination) is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2014''.
(b) Maximum Credit for Solar Electric Property.--
(1) In general.--Section 25D(b)(1)(A) (relating to maximum
credit) is amended by striking ``$2,000'' and inserting
``$4,000''.
(2) Conforming amendment.--Section 25D(e)(4)(A)(i) is
amended by striking ``$6,667'' and inserting ``$13,334''.
(c) Effective Date.--The amendments made by this section
shall apply to expenditures made after December 31, 2007.
SEC. 809. CREDIT FOR RESIDENTIAL WIND PROPERTY.
(a) In General.--Section 25D(a) (relating to allowance of
credit) is amended by striking ``and'' at the end of
paragraph (2), by striking the period at the end of paragraph
(3) and inserting ``, and'', and by adding at the end the
following new paragraph:
``(4) 30 percent of the qualified small wind energy
property expenditures made by the taxpayer during such
year.''.
(b) Limitation.--Section 25D(b)(1) (relating to maximum
credit) is amended by striking ``and'' at the end of
subparagraph (B), by striking the period at the end of
subparagraph (A) and inserting ``, and'', and by adding at
the end the following new subparagraph:
``(D) $500 with respect to each half kilowatt of capacity
(not to exceed $4,000) of wind turbines for which qualified
small wind energy property expenditures are made.''.
(c) Qualified Small Wind Energy Property Expenditures.--
(1) In general.--Section 25D(d) (relating to definitions)
is amended by adding at the end the following new paragraph:
``(4) Qualified small wind energy property expenditure.--
The term `qualified small wind energy property expenditure'
means an expenditure for property which uses a wind turbine
to generate electricity for use in connection with a dwelling
unit located in the United States and used as a residence by
the taxpayer.''.
(2) No double benefit.--Section 45(d)(1) (relating to wind
facility) is amended by adding at the end the following new
sentence: ``Such term shall not include any facility with
respect to which any qualified small wind energy property
expenditure (as defined in subsection (d)(4) of section 25D)
is taken into account in determining the credit under such
section.''.
(d) Maximum Expenditures in Case of Joint Occupancy.--
Section 25D(e)(4)(A) (relating to maximum expenditures) is
amended by striking ``and'' at the end of clause (iii), by
striking the period at the end of clause (iv) and inserting
``, and'', and by adding at the end the following new clause:
``(v) $1,667 in the case of each half kilowatt of capacity
of wind turbines for which qualified small wind energy
property expenditures are made.''.
(e) Effective Date.--The amendments made by this section
shall apply to expenditures after December 31, 2007.
SEC. 810. EXPANSION AND MODIFICATION OF ADVANCED COAL PROJECT
INVESTMENT CREDIT.
(a) Credit Rate Parity Among Projects.--Section 48A(a)
(relating to qualifying advanced coal project credit) is
amended by striking ``equal to'' and all that follows and
inserting ``equal to30 percent of the qualified investment
for such taxable year.''.
(b) Expansion of Aggregate Credits.--Section 48A(d)(3)(A)
(relating to aggregate credits) is amended by striking
``$1,300,000,000'' and inserting ``$3,800,000,000''.
(c) Authorization of Additional Projects.--
(1) In general.--Subparagraph (B) of section 48A(d)(3)
(relating to aggregate credits) is amended to read as
follows:
``(B) Particular projects.--Of the dollar amount in
subparagraph (A), the Secretary is authorized to certify--
``(i) $800,000,000 for integrated gasification combined
cycle projects the application for which is submitted during
the period described in paragraph (2)(A)(i),
``(ii) $500,000,000 for projects which use other advanced
coal-based generation technologies the application for which
is submitted during the period described in paragraph
(2)(A)(i),
``(iii) $1,500,000,000 for integrated gasification combined
cycle projects the application for which is submitted during
the period described in paragraph (2)(A)(ii), and
``(iv) $1,000,000,000 for other advanced coal-based
generation technology projects the application for which is
submitted during the period described in paragraph
(2)(A)(ii).''.
(2) Application period for additional projects.--
Subparagraph (A) of section 48A(d)(2) (relating to
certification) is amended to read as follows:
``(A) Application period.--Each applicant for certification
under this paragraph shall submit an application meeting the
requirements of subparagraph (B). An applicant may only
submit an application--
``(i) for an allocation from the dollar amount specified in
clause (i) or (ii) of paragraph (3)(A) during the 3-year
period beginning on the date the Secretary establishes the
program under paragraph (1), and
``(ii) for an allocation from the dollar amount specified
in clause (iii) or (iv) of paragraph (3)(A) during the 3-year
period beginning at the earlier of the termination of the
period described in clause (i) or the date prescribed by the
Secretary.''.
(3) Capture and sequestration of carbon dioxide emissions
requirement.--Section 48A(e)(1) (relating to requirements) is
amended by striking ``and'' at the end of subparagraph (E),
by striking the period at the end of subparagraph (F) and
inserting ``, and'', and by adding at the end the following
new subparagraph:
``(G) in the case of any project the application for which
is submitted during the period described in paragraph
(2)(A)(ii), the project includes equipment to separate and
sequester 65 percent of such project's total carbon dioxide
emissions.''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 811. EXPANSION AND MODIFICATION OF COAL GASIFICATION
INVESTMENT CREDIT.
(a) Credit Rate.--Section 48B(a) (relating to qualifying
gasification project credit) is amended by striking ``20
percent'' and inserting ``30 percent''.
(b) Expansion of Aggregate Credits.--Section 48B(d)(1)
(relating to qualifying gasification project program) is
amended by striking ``$350,000,000'' and inserting
``$1,850,000,000 (of which $1,500,000,000 shall be allocated
for qualifying gasification projects that include equipment
to separate and sequester 75 percent of such a project's
total carbon dioxide emissions)''.
(c) Eligible Projects Include Fischer-Tropsch Process.--
Section 48B(c)(7) (defining eligible entity) is amended by
striking ``and'' at the end of subparagraph (F), by striking
the period at the end of subparagraph (G) and inserting ``,
and'', and by adding at the end the following new
subparagraph:
``(H) transportation grade liquid fuels.''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 812. SEVEN-YEAR APPLICABLE RECOVERY PERIOD FOR
DEPRECIATION OF QUALIFIED ENERGY MANAGEMENT
DEVICES.
(a) In General.--Section 168(e)(3)(C) (defining 7-year
property) is amended by striking ``and'' at the end of clause
(iv), by redesignating clause (v) as clause (vi), and by
inserting after clause (iv) the following new clause:
``(v) any qualified energy management device, and''.
(b) Definition of Qualified Energy Management Device.--
Section 168(i) (relating to definitions and special rules) is
amended by inserting at the end the following new paragraph:
``(18) Qualified energy management device.--
``(A) In general.--The term `qualified energy management
device' means any energy management device which is placed in
service before January 1, 2011, by a taxpayer who is a
supplier of electric energy or a provider of electric energy
services.
``(B) Energy management device.--For purposes of
subparagraph (A), the term `energy management device' means
any two-way communications network and associated equipment,
including equipment installed on the premises of a consumer,
which is used by the taxpayer--
``(i) to measure and record electricity usage data on a
time-differentiated basis of at least 60 minutes, and
``(ii) to provide such data on demand to both consumers and
the taxpayer.''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
SEC. 813. LANDOWNER INCENTIVE TO ENCOURAGE ELECTRIC
TRANSMISSION BUILD-OUT.
(a) In General.--Part III of subchapter B of chapter 1
(relating to items specifically excluded from gross income)
is amended by inserting after section 139A the following new
section:
[[Page 16401]]
``SEC. 139B. ELECTRIC TRANSMISSION EASEMENT PAYMENTS.
``(a) In General.--Gross income shall not include any
qualified electric transmission easement payment.
``(b) Qualified Electric Transmission Easement Payment.--
For purposes of this section, the term `qualified electric
transmission payment' means any payment by an electric
utility or electric transmission entity pursuant to an
easement or other agreement granted by the payee (or any
predecessor of such payee) for the right of such entity (or
any successors of such entity) to locate on such payee's
property transmission lines and equipment used to transmit
electricity at 230 or more kilovolts primarily from qualified
facilities described in section 45(d) (without regard to any
placed in service date or the last sentence of paragraph (4)
thereof) or energy property (as defined in section 48(a)(3))
placed in service after the date of the enactment of this
section.
``(c) No Increase in Basis.--Notwithstanding any other
provision of this subtitle, no increase in the basis or
adjusted basis of any property shall result from any amount
excluded under this subsection with respect to such property.
``(d) Denial of Double Benefit.--Notwithstanding any other
provision of this subtitle, no deduction or credit shall be
allowed (to the person for whose benefit a qualified electric
transmission easement payment is made) for, or by reason of,
any expenditure to the extent of the amount excluded under
this section with respect to such expenditure.''.
(b) Clerical Amendment.--The table of sections for such
part III is amended by inserting after the item relating to
section 139A the following new item:
``Sec. 139B. Electric transmission easement payments.''.
(c) Effective Date.--The amendments made by this section
shall apply to payments received after the date of the
enactment of this Act.
PART II--CARBON DIOXIDE SEQUESTRATION
SEC. 815. TAX CREDIT FOR CARBON DIOXIDE SEQUESTRATION.
(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 (relating to business credits) is amended by adding
at the end the following new section:
``SEC. 45O. CREDIT FOR CARBON DIOXIDE SEQUESTRATION.
``(a) General Rule.--For purposes of section 38, the carbon
dioxide sequestration credit for any taxable year is an
amount equal to the sum of--
``(1) $20 per metric ton of qualified carbon dioxide which
is--
``(A) captured by the taxpayer at a qualified facility, and
``(B) disposed of by the taxpayer in secure geological
storage, and
``(2) $10 per metric ton of qualified carbon dioxide which
is--
``(A) captured by the taxpayer at a qualified facility, and
``(B) used by the taxpayer as a tertiary injectant in a
qualified enhanced oil or natural gas recovery project.
``(b) Qualified Carbon Dioxide.--For purposes of this
section--
``(1) In general.--The term `qualified carbon dioxide'
means carbon dioxide captured from an industrial source
which--
``(A) would otherwise be released into the atmosphere as
industrial emission of greenhouse gas, and
``(B) is measured at the source of capture and verified at
the point of disposal or injection.
``(2) Recycled carbon dioxide.--The term `qualified carbon
dioxide' includes the initial deposit of captured carbon
dioxide used as a tertiary injectant. Such term does not
include carbon dioxide that is re-captured, recycled, and re-
injected as part of the enhanced oil and natural gas recovery
process.
``(c) Qualified Facility.--For purposes of this section,
the term `qualified facility' means any industrial facility--
``(1) which is owned by the taxpayer,
``(2) at which carbon capture equipment is placed in
service, and
``(3) which captures not less than 500,000 metric tons of
carbon dioxide during the taxable year.
``(d) Special Rules and Other Definitions.--For purposes of
this section--
``(1) Only carbon dioxide captured within the united states
taken into account.--The credit under this section shall
apply only with respect to qualified carbon dioxide the
capture of which is within--
``(A) the United States (within the meaning of section
638(1)), or
``(B) a possession of the United States (within the meaning
of section 638(2)).
``(2) Secure geological storage.--The Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, shall establish regulations for
determining adequate security measures for the geological
storage of carbon dioxide under subsection (a)(1)(B) such
that the carbon dioxide does not escape into the atmosphere.
Such term shall include storage at deep saline formations and
unminable coal seems under such conditions as the Secretary
may determine under such regulations.
``(3) Tertiary injectant.--The term `tertiary injectant'
has the same meaning as when used within section 193(b)(1).
``(4) Qualified enhanced oil or natural gas recovery
project.--The term `qualified enhanced oil or natural gas
recovery project' has the meaning given the term `qualified
enhanced oil recovery project' by section 43(c)(2), by
substituting `crude oil or natural gas' for `crude oil' in
subparagraph (A)(i) thereof.
``(5) Credit attributable to taxpayer.--Any credit under
this section shall be attributable to the person that
captures and physically or contractually ensures the disposal
of or the use as a tertiary injectant of the qualified carbon
dioxide, except to the extent provided in regulations
prescribed by the Secretary.
``(6) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any qualified carbon
dioxide which ceases to be captured, disposed of, or used as
a tertiary injectant in a manner consistent with the
requirements of this section.
``(7) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2008, there shall be
substituted for each dollar amount contained in subsection
(a) an amount equal to the product of--
``(A) such dollar amount, multiplied by
``(B) the inflation adjustment factor for such calendar
year determined under section 43(b)(3)(B) for such calendar
year, determined by substituting `2007' for `1990'.
``(e) Application of Section.--The credit under this
section shall apply with respect to qualified carbon dioxide
before the end of the calendar year in which the Secretary,
in consultation with the Administrator of the Environmental
Protection Agency, certifies that 75,000,000 metric tons of
qualified carbon dioxide have been captured and disposed of
or used as a tertiary injectant.''.
(b) Conforming Amendment.--Section 38(b) (relating to
general business credit) is amended by striking ``plus'' at
the end of paragraph (30), by striking the period at the end
of paragraph (31) and inserting ``, plus'', and by adding at
the end of following new paragraph:
``(32) the carbon dioxide sequestration credit determined
under section 45O(a).''.
(c) Clerical Amendment.--The table of sections for subpart
B of part IV of subchapter A of chapter 1 (relating to other
credits) is amended by adding at the end the following new
section:
``Sec. 45O. Credit for carbon dioxide sequestration.''.
(d) Effective Date.--The amendments made by this section
shall apply carbon dioxide captured after the date of the
enactment of this Act.
SEC. 816. SEVEN-YEAR APPLICABLE RECOVERY PERIOD FOR
DEPRECIATION OF QUALIFIED CARBON DIOXIDE
PIPELINE PROPERTY.
(a) In General.--Section 168(e)(3)(C) (defining 7-year
property), as amended by this Act, is amended by striking
``and'' at the end of clause (v), by redesignating clause
(vi) as clause (vii), and by inserting after clause (iv) the
following new clause:
``(vi) any qualified carbon dioxide pipeline property--
``(I) the original use of which commences with the taxpayer
after the date of the enactment of this clause,
``(II) the original purpose of which is to transport carbon
dioxide, and
``(III) which is placed in service before January 1,
2014.''.
(b) Definition of Qualified Carbon Dioxide Pipeline
Property.--Section 168(e) (relating to classification of
property) is amended by inserting at the end the following
new paragraph:
``(8) Qualified carbon dioxide pipeline property.--The term
`qualified carbon dioxide pipeline property' means property
which is used in the United States solely to transmit
qualified carbon dioxide (as defined in section 45O(b)) from
the point of capture to the point of disposal (as described
in section 45O(a)(1)(B)) or the point at which such qualified
carbon dioxide is used as a tertiary injectant (as described
in section 45O(a)(2)(B)).''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
SEC. 817. CERTAIN INCOME AND GAINS RELATING TO INDUSTRIAL
SOURCE CARBON DIOXIDE TREATED AS QUALIFYING
INCOME FOR PUBLICLY TRADED PARTNERSHIPS.
(a) In General.--Subparagraph (E) of section 7704(d)(1)
(defining qualifying income) is amended by inserting ``or
industrial source carbon dioxide'' after ``timber)''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act,
in taxable years ending after such date.
PART III--DOMESTIC FUEL SECURITY
SEC. 821. CREDIT FOR PRODUCTION OF CELLULOSIC BIOMASS
ALCOHOL.
(a) In General.--Subsection (a) of section 40 (relating to
alcohol used as fuel) is amended by striking ``plus'' at the
end of paragraph (2), by striking the period at the end of
paragraph (3) and inserting ``, plus'', and by adding at the
end the following new paragraph:
[[Page 16402]]
``(4) the small cellulosic alcohol producer credit.''.
(b) Small Cellulosic Alcohol Producer Credit.--
(1) In general.--Subsection (b) of section 40 is amended by
adding at the end the following new paragraph:
``(6) Small cellulosic alcohol producer credit.--
``(A) In general.--In addition to any other credit allowed
under this section, there shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
an amount equal to the applicable amount for each gallon of
qualified cellulosic alcohol production.
``(B) Applicable amount.--For purposes of subparagraph (A),
the applicable amount means the excess of--
``(i) $1.11, over
``(ii) the sum of--
``(I) the amount of the credit allowable for alcohol which
is ethanol under subsection (b)(1) (without regard to
subsection (b)(3)) at the time of the qualified cellulosic
alcohol production, plus
``(II) the amount of the credit allowable under subsection
(b)(4) at the time of such production.
``(C) Qualified cellulosic alcohol production.--For
purposes of this section, the term `qualified cellulosic
alcohol production' means any cellulosic biomass alcohol
which is produced by an eligible small cellulosic alcohol
producer and which during the taxable year--
``(i) is sold by the taxpayer to another person--
``(I) for use by such other person in the production of a
qualified alcohol mixture in such other person's trade or
business (other than casual off-farm production),
``(II) for use by such other person as a fuel in a trade or
business, or
``(III) who sells such cellulosic biomass alcohol at retail
to another person and places such cellulosic biomass alcohol
in the fuel tank of such other person, or
``(ii) is used or sold by the taxpayer for any purpose
described in clause (i).
``(D) Additional distillation excluded.--The qualified
cellulosic alcohol production of any taxpayer for any taxable
year shall not include any alcohol which is purchased by the
taxpayer and with respect to which such producer increases
the proof of the alcohol by additional distillation.
``(E) Application of paragraph.--This paragraph shall apply
with respect to qualified cellulosic alcohol production--
``(i) after December 31, 2007, and
``(ii) before the end of the later of--
``(I) December 31, 2012, or
``(II) the calendar year in which the Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, certifies that 1,000,000,000 gallons of
cellulosic biomass alcohol (as so defined) have been produced
in or imported into the United States after such date.''.
(2) Termination date not to apply.--Subsection (e) of
section 40 (relating to termination) is amended by adding at
the end the following new paragraph:
``(3) Exception for small cellulosic alcohol producer
credit.--Paragraph (1) shall not apply to the portion of the
credit allowed under this section by reason of subsection
(a)(4).''.
(c) Eligible Small Cellulosic Alcohol Producer.--Section 40
is amended by adding at the end the following new subsection:
``(i) Definitions and Special Rules for Small Cellulosic
Alcohol Producer.--For purposes of this section--
``(1) In general.--The term `eligible small cellulosic
alcohol producer' means a person, who at all times during the
taxable year, has a productive capacity for cellulosic
biomass alcohol not in excess of 60,000,000 gallons.
``(2) Cellulosic biomass alcohol.--
``(A) In general.--The term `cellulosic biomass alcohol'
has the meaning given such term under section 168(l)(3), but
does not include any alcohol with a proof of less than 150.
``(B) Determination of proof.--The determination of the
proof of any alcohol shall be made without regard to any
added denaturants.
``(3) Aggregation rule.--For purposes of the 60,000,000
gallon limitation under paragraph (1), all members of the
same controlled group of corporations (within the meaning of
section 267(f)) and all persons under common control (within
the meaning of section 52(b) but determined by treating an
interest of more than 50 percent as a controlling interest)
shall be treated as 1 person.
``(4) Partnership, s corporations, and other pass-thru
entities.--In the case of a partnership, trust, S
corporation, or other pass-thru entity, the limitation
contained in paragraph (1) shall be applied at the entity
level and at the partner or similar level.
``(5) Allocation.--For purposes of this subsection, in the
case of a facility in which more than 1 person has an
interest, productive capacity shall be allocated among such
persons in such manner as the Secretary may prescribe.
``(6) Regulations.--The Secretary may prescribe such
regulations as may be necessary to prevent the credit
provided for in subsection (a)(4) from directly or indirectly
benefitting any person with a direct or indirect productive
capacity of more than 60,000,000 gallons of cellulosic
biomass alcohol during the taxable year.
``(7) Allocation of small cellulosic producer credit to
patrons of cooperative.--Rules similar to the rules under
subsection (g)(6) shall apply for purposes of this
subsection.''.
(d) Alcohol Not Used as a Fuel, etc.--
(1) In general.--Paragraph (3) of section 40(d) is amended
by redesignating subparagraph (D) as subparagraph (E) and by
inserting after subparagraph (C) the following new
subparagraph:
``(D) Small cellulosic alcohol producer credit.--If--
``(i) any credit is allowed under subsection (a)(4), and
``(ii) any person does not use such fuel for a purpose
described in subsection (b)(6)(C),
then there is hereby imposed on such person a tax equal to
the applicable amount for each gallon of such cellulosic
biomass alcohol.''.
(2) Conforming amendments.--
(A) Subparagraph (C) of section 40(d)(3) is amended by
striking ``producer'' in the heading and inserting ``small
ethanol producer''.
(B) Subparagraph (E) of section 40(d)(3), as redesignated
by paragraph (1), is amended by striking ``or (C)'' and
inserting ``(C), or (D)''.
(e) Effective Date.--The amendments made by this section
shall apply to fuel produced after December 31, 2007.
SEC. 822. EXPANSION OF SPECIAL ALLOWANCE TO CELLULOSIC
BIOMASS ALCOHOL FUEL PLANT PROPERTY.
(a) In General.--Paragraph (3) of section 168(l) (relating
to special allowance for cellulosic biomass ethanol plant
property) is amended to read as follows:
``(3) Cellulosic biomass alcohol.--For purposes of this
subsection, the term `cellulosic biomass alcohol' means any
alcohol produced from any lignocellulosic or hemicellulosic
matter that is available on a renewable or recurring
basis.''.
(b) Conforming Amendments.--
(1) Subsection (l) of section 168 is amended by striking
``cellulosic biomass ethanol'' each place it appears and
inserting ``cellulosic biomass alcohol''.
(2) The heading of section 168(l) is amended by striking
``Cellulosic Biomass Ethanol'' and inserting ``Cellulosic
Biomass Alcohol''.
(3) The heading of paragraph (2) of section 168(l) is
amended by striking ``cellulosic biomass ethanol'' and
inserting ``cellulosic biomass alcohol''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act, in taxable years ending after such
date.
SEC. 823. EXTENSION OF SMALL ETHANOL PRODUCER CREDIT.
Paragraph (1) of section 40(e) (relating to termination) is
amended--
(1) in subparagraph (A), by inserting ``(December 31, 2012,
in the case of the credit allowed by reason of subsection
(a)(3))'' after ``December 31, 2010'', and
(2) in subparagraph (B), by inserting ``(January 1, 2013,
in the case of the credit allowed by reason of subsection
(a)(3))'' after ``January 1, 2011''.
SEC. 824. CREDIT FOR PRODUCERS OF FOSSIL FREE ALCOHOL.
(a) In General.--Subsection (a) of section 40 (relating to
alcohol used as fuel), as amended by section 821, is amended
by striking ``plus'' at the end of paragraph (3), by striking
the period at the end of paragraph (4) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(5) the small fossil free alcohol producer credit.''.
(b) Small Fossil Free Alcohol Producer Credit.--
(1) In general.--Subsection (b) of section 40, as amended
by section 821, is amended by adding at the end the following
new paragraph:
``(7) Small fossil free alcohol producer credit.--
``(A) In general.--In addition to any other credit allowed
under this section, there shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
an amount equal to 25 cents for each gallon of qualified
fossil free alcohol production.
``(B) Qualified fossil free alcohol production.--For
purposes of this section, the term `qualified fossil free
alcohol production' means alcohol which is produced by an
eligible small fossil free alcohol producer at a fossil free
alcohol production facility and which during the taxable
year--
``(i) is sold by the taxpayer to another person--
``(I) for use by such other person in the production of a
qualified alcohol mixture in such other person's trade or
business (other than casual off-farm production),
``(II) for use by such other person as a fuel in a trade or
business, or
``(III) who sells such alcohol at retail to another person
and places such alcohol in the fuel tank of such other
person, or
``(ii) is used or sold by the taxpayer for any purpose
described in clause (i).
``(C) Additional distillation excluded.--The qualified
fossil free alcohol production of any taxpayer for any
taxable year shall not include any alcohol which is purchased
by the taxpayer and with respect to which
[[Page 16403]]
such producer increases the proof of the alcohol by
additional distillation.''.
(c) Eligible Small Fossil Free Alcohol Producer.--Section
40, as amended by section 821, is amended by adding at the
end the following new subsection:
``(j) Definitions and Special Rules for Small Fossil Free
Alcohol Producer.--For purposes of this section--
``(1) In general.--The term `eligible small fossil free
alcohol producer' means a person, who at all times during the
taxable year, has a productive capacity for alcohol from all
fossil free alcohol production facilities of the taxpayer
which is not in excess of 60,000,000 gallons.
``(2) Fossil free alcohol production facility.--The term
`fossil free alcohol production facility' means any facility
at which 90 percent of the fuel used in the production of
alcohol is from biomass (as defined in section 45K(c)(3)).
``(3) Aggregation rule.--For purposes of the 60,000,000
gallon limitation under paragraph (1), all members of the
same controlled group of corporations (within the meaning of
section 267(f)) and all persons under common control (within
the meaning of section 52(b) but determined by treating an
interest of more than 50 percent as a controlling interest)
shall be treated as 1 person.
``(4) Partnership, s corporations, and other pass-thru
entities.--In the case of a partnership, trust, S
corporation, or other pass-thru entity, the limitation
contained in paragraph (1) shall be applied at the entity
level and at the partner or similar level.
``(5) Allocation.--For purposes of this subsection, in the
case of a facility in which more than 1 person has an
interest, productive capacity shall be allocated among such
persons in such manner as the Secretary may prescribe.
``(6) Regulations.--The Secretary may prescribe such
regulations as may be necessary to prevent the credit
provided for in subsection (a)(5) from directly or indirectly
benefitting any person with a direct or indirect productive
capacity of more than 60,000,000 gallons of alcohol from
fossil free alcohol production facilities during the taxable
year.
``(7) Allocation of small fossil free alcohol producer
credit to patrons of cooperative.--Rules similar to the rules
under subsection (g)(6) shall apply for purposes of this
subsection.''.
(d) Alcohol Not Used as a Fuel, etc.--
(1) In general.--Paragraph (3) of section 40(d), as amended
by section 821, is amended by redesignating subparagraph (E)
as subparagraph (F) and by inserting after subparagraph (D)
the following new subparagraph:
``(E) Small fossil free alcohol producer credit.--If--
``(i) any credit is allowed under subsection (a)(5), and
``(ii) any person does not use such fuel for a purpose
described in subsection (b)(7)(B),
then there is hereby imposed on such person a tax equal to 25
cents for each gallon of such alcohol.''.
(2) Conforming amendment.--Subparagraph (E) of section
40(d)(3), as redesignated by paragraph (1) and amended by
section 821, is amended by striking ``or (D)'' and inserting
``(C), or (E)''.
(e) Termination.--Paragraph (1) of section 40(e), as
amended by section 823, is amended--
(1) in subparagraph (A), by striking ``(December 31, 2012,
in the case of the credit allowed by reason of subsection
(a)(3))'' and inserting ``(December 31, 2012, in the case of
the credits allowed by reason of paragraphs (3) and (5) of
subsection (a))'', and
(2) in subparagraph (B), by striking ``(January 1, 2013, in
the case of the credit allowed by reason of subsection
(a)(3))'' and inserting ``(January 1, 2013, in the case of
the credits allowed by reason of paragraphs (3) and (5) of
subsection (a))''.
(f) Effective Date.--The amendments made by this section
shall apply to fuel produced after December 31, 2007.
SEC. 825. MODIFICATION OF ALCOHOL CREDIT.
(a) Income Tax Credit.--Subsection (h) of section 40
(relating to reduced credit for ethanol blenders) is amended
by adding at the end the following new paragraph:
``(3) Reduced amount after sale of 7,500,000,000 gallons.--
``(A) In general.--In the case of any calendar year
beginning after the date described in subparagraph (B), the
last row in the table in paragraph (2) shall be applied by
substituting `46 cents' for `51 cents'.
``(B) Date described.--The date described in this
subparagraph is the first date on which 7,500,000,000 gallons
of ethanol (including cellulosic ethanol) have been produced
in or imported into the United States after the date of the
enactment of this paragraph, as certified by the Secretary,
in consultation with the Administrator of the Environmental
Protection Agency.''.
(b) Excise Tax Credit.--
(1) In general.--Paragraph (2) of section 6426(b) (relating
to alcohol fuel mixture credit) is amended by adding at the
end the following new subparagraph:
``(C) Reduced amount after sale of 7,500,000,000 gallons.--
In the case of any alcohol fuel mixture produced in a
calendar year beginning after the date described in section
40(h)(3)(B), subparagraph (A) shall be applied by
substituting `46 cents' for `51 cents'.''.
(2) Conforming amendment.--Subparagraph (A) of section
6426(b)(2) is amended by striking ``subparagraph (B)'' and
inserting ``subparagraphs (B) and (C)''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 826. EXTENSION AND MODIFICATION OF CREDIT FOR BIODIESEL
USED AS FUEL .
(a) Extension.--
(1) Income tax credits for biodiesel and renewable diesel
and small agri-biodiesel producer credit.--Section 40A(g)
(relating to termination) is amended by striking ``December
31, 2008'' and inserting ``December 31, 2010 (December 31,
2012, in the case of the credit allowed by reason of
subsection (a)(3))''.
(2) Excise tax credit.--Section 6426(c)(6) (relating to
termination) is amended by striking ``2008'' and inserting
``2010''.
(3) Fuels not used for taxable purposes.--Section
6427(e)(5)(B) (relating to termination) is amended by
striking ``2008'' and inserting ``2010''.
(b) Modification of Credit for Renewable Diesel.--
(1) In general.--Section 40A(f) (relating to renewable
diesel) is amended by adding at the end the following new
paragraph:
``(4) Special rule for co-processed renewable diesel.--In
the case of a taxpayer which produces renewable diesel
through the co-processing of biomass and petroleum at any
facility, this subsection shall not apply to so much of the
renewable diesel produced at such facility and sold or used
during the taxable year in a qualified biodiesel mixture as
exceeds 60,000,000 gallons.''.
(c) Modification Relating to Definition of Agri-
Biodiesel.--Paragraph (2) of section 40A(d) (relating to
agri-biodiesel) is amended by striking ``and mustard seeds''
and inserting ``mustard seeds, and camelina''.
(d) Effective Dates.--The amendments made by this section
shall apply to fuel sold or used after the date of the
enactment of this Act.
SEC. 827. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL
CREDIT.
(a) Extension.--
(1) Alternative fuel credit.--Paragraph (4) of section
6426(d) (relating to alternative fuel credit) is amended by
striking ``September 30, 2009'' and inserting ``December 31,
2012''.
(2) Alternative fuel mixture credit.--Paragraph (3) of
section 6426(e) (relating to alternative fuel mixture credit)
is amended by striking ``September 30, 2009'' and inserting
``December 31, 2012''.
(3) Payments.--Subparagraph (C) of section 6427(e)(5)
(relating to termination) is amended by striking ``September
30, 2009'' and inserting ``December 31, 2012''.
(b) Modifications.--
(1) Alternative fuel to include compressed or liquified
biomass gas.--Paragraph (2) of section 6426(d) (relating to
alternative fuel credit) is amended by striking ``and'' at
the end of subparagraph (E), by redesignating subparagraph
(F) as subparagraph (G), and by inserting after subparagraph
(E) the following new subparagraph:
``(F) compressed or liquified biomass gas, and''.
(2) Credit allowed for aviation use of fuel.--Paragraph (1)
of section 6426(d) is amended by inserting ``sold by the
taxpayer for use as a fuel in aviation,'' after
``motorboat,''.
(c) Carbon Capture Requirement for Certain Fuels.--
(1) In general.--Subsection (d) of section 6426, as amended
by subsection (a), is amended by redesignating paragraph (4)
as paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Carbon capture requirement.--The requirements of this
paragraph are met if the fuel is certified, under such
procedures as required by the Secretary, as having been
produced at a facility which is primarily a liquid coal
facility which separates and sequesters not less than 75
percent of such facility's total carbon dioxide emissions.''.
(2) Conforming amendment.--Subparagraph (E) of section
6426(d)(2) is amended by inserting ``which meets the
requirements of paragraph (4) and which is'' after ``any
liquid fuel''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to fuel sold or
used after the date of the enactment of this Act.
(2) Carbon capture requirements.--The amendments made by
subsection (c) shall apply to fuel sold or used after
December 31, 2007.
SEC. 828. EXTENSION OF ALTERNATIVE FUEL VEHICLE REFUELING
PROPERTY CREDIT.
Paragraph (2) of section 30C(g) (relating to termination)
is amended by striking ``December 31, 2009'' and inserting
``December 31, 2012''.
SEC. 829. EXTENSION OF SUSPENSION OF TAXABLE INCOME LIMIT ON
PERCENTAGE DEPLETION FOR OIL AND NATURAL GAS
PRODUCED FROM MARGINAL PROPERTIES.
Subparagraph (H) of section 613A(c)(6) (relating to oil and
gas produced from marginal properties) is amended by striking
``January 1, 2008'' and inserting ``January 1, 2010''.
[[Page 16404]]
SEC. 830. EXTENSION AND MODIFICATION OF ELECTION TO EXPENSE
CERTAIN REFINERIES.
(a) Extension.--Paragraph (1) of section 179C(c) (relating
to qualified refinery property) is amended--
(1) by striking ``January 1, 2012'' in subparagraph (B) and
inserting ``January 1, 2014'', and
(2) by striking ``January 1, 2008'' each place it appears
in subparagraph (F) and inserting ``January 1, 2010''.
(b) Inclusion of Fuel Derived From Shale and Tar Sands.--
(1) In general.--Subsection (d) of section 179C is amended
by inserting ``, or directly from shale or tar sands'' after
``(as defined in section 45K(c))''.
(2) Conforming amendment.--Paragraph (2) of section 179C(e)
is amended by inserting ``shale, tar sands, or'' before
``qualified fuels''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
SEC. 831. ETHANOL TARIFF EXTENSION.
Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff
Schedule of the United States are each amended in the
effective period column by striking ``1/1/2009'' and
inserting ``1/1/2011''.
SEC. 832. ELIMINATION AND REDUCTIONS OF DUTY DRAWBACK ON
CERTAIN IMPORTED ETHANOL.
(a) In General.--Section 313(p)(3)(A)(i)(I) of the Tariff
Act of 1930 (19 U.S.C. 1313(p)(3)(A)(i)(I)) is amended by
striking ``or'' and inserting the following: ``other than an
article that contains either--
``(aa) imported ethyl alcohol (provided for in subheading
2207.10.60 or 2207.20.00 of such Schedule), or
``(bb) any imported mixture (provided for in heading 2710
or 3824 of such Schedule) that contains ethyl alcohol, or''.
(b) Limitations on, and Reductions of, Drawbacks.--Section
313 of the Tariff Act of 1930 (19 U.S.C. 1313) is amended by
adding at the end the following new subsection:
``(z) Limitations on, and Reductions of, Drawbacks.--
``(1) Limitations.--
``(A) In general.--Ethyl alcohol or mixture containing
ethyl alcohol described in subparagraph (B) may be treated as
being of the same kind and quality under subsection (b) of
this section or may be treated as being commercially
interchangeable with any other ethyl alcohol or mixture
containing ethyl alcohol under subsection (j)(2) of this
section, only if the other ethyl alcohol or mixture--
``(i) if imported, is subject to the additional duty under
subheading 9901.00.50 of the Harmonized Tariff Schedule of
the United States; or
``(ii) if domestic, is subject to Federal excise tax under
section 4041 or 4081 of the Internal Revenue Code of 1986 in
an amount equal to or greater than the amount of drawback
claimed.
``(B) Ethyl alcohol or mixture containing ethyl alcohol
described.--Ethyl alcohol or mixture containing ethyl alcohol
described in this subparagraph means--
``(i) ethyl alcohol classifiable under subheading
2207.10.60 or 2207.20.00 of the Harmonized Tariff Schedule of
the United States, or
``(ii) a mixture containing ethyl alcohol classifiable
under heading 2710 or 3824 of the Harmonized Tariff Schedule
of the United States,
which, if imported would be subject to additional duty under
subheading 9901.00.50 of such Schedule.
``(2) Reduction of drawback.--For purposes of subsections
(b), (j)(2), and (p) of this section, the amount of the
refund as drawback under this section shall be reduced by an
amount equal to any Federal tax credit or refund of any
Federal tax paid on the merchandise with respect to which the
drawback is claimed.''.
(c) Effective Date.--The amendments made by this section
apply to articles exported on or after the date that is 15
days after the date of the enactment of this Act.
SEC. 833. CERTAIN INCOME AND GAINS RELATING TO ALCOHOL FUEL
MIXTURES, BIODIESEL FUEL MIXTURES, AND
ALTERNATIVE FUEL TREATED AS QUALIFYING INCOME
FOR PUBLICLY TRADED PARTNERSHIPS.
(a) In General.--Subparagraph (E) of section 7704(d)(1)
(defining qualifying income), as amended by this Act, is
amended by inserting ``, or the transportation or storage of
any fuel described in subsection (b), (c), or (d) of section
6426'' after ``carbon dioxide)''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act,
in taxable years ending after such date.
SEC. 834. TECHNICAL AMENDMENTS.
(a) Amendments Related to Section 11113 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users.--
(1) Paragraph (3) of section 6427(i) is amended--
(A) by inserting ``or under subsection (e)(2) by any person
with respect to an alternative fuel (as defined in section
6426(d)(2))'' after ``section 6426'' in subparagraph (A),
(B) by inserting ``or (e)(2)'' after ``subsection (e)(1)''
in subparagraphs (A)(i) and (B), and
(C) by inserting ``and alternative fuel credit'' after
``mixture credit'' in the heading thereof.
(2)(A) Subparagraph (G) of section 6426(d)(2), as
redesignated by section 827, is amended by striking
``hydrocarbons'' and inserting ``fuel''.
(B) Section 6426 is amended by adding at the end the
following new subsection:
``(h) Denial of Double Benefit.--No credit shall be
determined under subsection (d) or (e) with respect to any
fuel which is described in subsection (b) or (c) or section
40 or 40A.''.
(3) The amendments made by this subsection shall take
effect as if included in section 11113 of the SAFETEA-LU.
(b) Amendments Related to the Energy Policy Act of 2005.--
(1) Amendment related to section 1342 of the act.--
(A) So much of subsection (b) of section 30C as precedes
paragraph (1) thereof is amended to read as follows:
``(b) Limitation.--The credit allowed under subsection (a)
with respect to all alternative fuel vehicle refueling
property placed in service by the taxpayer during the taxable
year at a location shall not exceed--''.
(B) Subsection (c) of section 30C is amended to read as
follows:
``(c) Qualified Alternative Fuel Vehicle Refueling
Property.----For purposes of this section, the term
`qualified alternative fuel vehicle refueling property' has
the same meaning as the term `qualified clean-fuel vehicle
refueling property' would have under section 179A if--
``(1) paragraph (1) of section 179A(d) did not apply to
property installed on property which is used as the principal
residence (within the meaning of section 121) of the
taxpayer, and
``(2) only the following were treated as clean burning
fuels for purposes of section 179A(d):
``(A) Any fuel at least 85 percent of the volume of which
consists of one or more of the following: ethanol, natural
gas, compressed natural gas, liquified natural gas, liquefied
petroleum gas, or hydrogen.
``(B) Biodiesel (as defined in section 40A(d)(1)).
``(C) Any mixture--
``(i) which consists of two or more of the following:
biodiesel (as so defined), diesel fuel (as defined in section
4083(a)(3)), or kerosene, and
``(ii) at least 20 percent of the volume of which consists
of biodiesel (as so defined) determined without regard to any
kerosene in such mixture.''.
(2) Amendments related to section 1362 of the act.--
(A)(i) Paragraph (1) of section 4041(d) is amended by
adding at the end the following new sentence: ``No tax shall
be imposed under the preceding sentence on the sale or use of
any liquid if tax was imposed with respect to such liquid
under section 4081 at the Leaking Underground Storage Tank
Trust Fund financing rate.''.
(ii) Paragraph (3) of section 4042(b) is amended to read as
follows:
``(3) Exception for fuel on which leaking underground
storage tank trust fund financing rate separately imposed.--
The Leaking Underground Storage Tank Trust Fund financing
rate under paragraph (2)(B) shall not apply to the use of any
fuel if tax was imposed with respect to such fuel under
section 4041(d) or 4081 at the Leaking Underground Storage
Tank Trust Fund financing rate.''.
(iii) Notwithstanding section 6430 of the Internal Revenue
Code of 1986, a refund, credit, or payment may be made under
subchapter B of chapter 65 of such Code for taxes imposed
with respect to any liquid after September 30, 2005, and
before the date of the enactment of this Act under section
4041(d)(1) or 4042 of such Code at the Leaking Underground
Storage Tank Trust Fund financing rate to the extent that tax
was imposed with respect to such liquid under section 4081 at
the Leaking Underground Storage Tank Trust Fund financing
rate.
(B)(i) Paragraph (5) of section 4041(d) is amended--
(I) by striking ``(other than with respect to any sale for
export under paragraph (3) thereof)'', and
(II) by adding at the end the following new sentence: ``The
preceding sentence shall not apply with respect to subsection
(g)(3) and so much of subsection (g)(1) as relates to vessels
(within the meaning of section 4221(d)(3)) employed in
foreign trade or trade between the United States and any of
its possessions.''
(ii) Section 4082 is amended--
(I) by striking ``(other than such tax at the Leaking
Underground Storage Tank Trust Fund financing rate imposed in
all cases other than for export)'' in subsection (a), and
(II) by redesignating subsections (f) and (g) as
subsections (g) and (h) and by inserting after subsection (e)
the following new subsection:
``(f) Exception for Leaking Underground Storage Tank Trust
Fund Financing Rate.--
``(1) In general.--Subsection (a) shall not apply to the
tax imposed under section 4081 at the Leaking Underground
Storage Tank Trust Fund financing rate.
[[Page 16405]]
``(2) Exception for export, etc.--Paragraph (1) shall not
apply with respect to any fuel if the Secretary determines
that such fuel is destined for export or for use by the
purchaser as supplies for vessels (within the meaning of
section 4221(d)(3)) employed in foreign trade or trade
between the United States and any of its possessions.''.
(iii) Subsection (e) of section 4082 is amended--
(I) by striking ``an aircraft, the rate of tax under
section 4081(a)(2)(A)(iii) shall be zero.'' and inserting
``an aircraft--
``(1) the rate of tax under section 4081(a)(2)(A)(iii)
shall be zero, and
``(2) if such aircraft is employed in foreign trade or
trade between the United States and any of its possessions,
the increase in such rate under section 4081(a)(2)(B) shall
be zero.''; and
(II) by moving the last sentence flush with the margin of
such subsection (following the paragraph (2) added by clause
(i)).
(iv) Section 6430 is amended to read as follows:
``SEC. 6430. TREATMENT OF TAX IMPOSED AT LEAKING UNDERGROUND
STORAGE TANK TRUST FUND FINANCING RATE.
``No refunds, credits, or payments shall be made under this
subchapter for any tax imposed at the Leaking Underground
Storage Tank Trust Fund financing rate, except in the case of
fuels--
``(1) which are exempt from tax under section 4081(a) by
reason of section 4081(f)(2),
``(2) which are exempt from tax under section 4041(d) by
reason of the last sentence of paragraph (5) thereof, or
``(3) with respect to which the rate increase under section
4081(a)(2)(B) is zero by reason of section 4082(e)(2).''.
(C) Paragraph (5) of section 4041(d) is amended by
inserting ``(b)(1)(A)'' after ``subsections''.
(3) Effective date.--
(A) In general.--Except as otherwise provided in this
paragraph, the amendments made by this subsection shall take
effect as if included in the provisions of the Energy Policy
Act of 2005 to which they relate.
(B) Nonapplication of exemption for off-highway business
use.--The amendment made by paragraph (2)(C) shall apply to
fuel sold for use or used after the date of the enactment of
this Act.
(C) Amendment made by the safetea-lu.--The amendment made
by paragraph (2)(B)(iii)(II) shall take effect as if included
in section 11161 of the SAFETEA-LU.
(c) Amendments Related to Section 339 of the American Jobs
Creation Act of 2004.--
(1)(A) Section 45H is amended by striking subsection (d)
and by redesignating subsections (e), (f), and (g) as
subsections (d), (e), and (f), respectively.
(B) Subsection (d) of section 280C is amended to read as
follows:
``(d) Credit for Low Sulfur Diesel Fuel Production.--The
deductions otherwise allowed under this chapter for the
taxable year shall be reduced by the amount of the credit
determined for the taxable year under section 45H(a).''.
(C) Subsection (a) of section 1016 is amended by striking
paragraph (31) and by redesignating paragraphs (32) through
(37) as paragraphs (31) through (36), respectively.
(2)(A) Section 45H, as amended by paragraph (1), is amended
by adding at the end the following new subsection:
``(g) Election to Not Take Credit.--No credit shall be
determined under subsection (a) for the taxable year if the
taxpayer elects not to have subsection (a) apply to such
taxable year.''.
(B) Subsection (m) of section 6501 is amended by inserting
``45H(g),'' after ``45C(d)(4),''.
(3)(A) Subsections (b)(1)(A), (c)(2), (e)(1), and (e)(2) of
section 45H (as amended by paragraph (1)) and section 179B(a)
are each amended by striking ``qualified capital costs'' and
inserting ``qualified costs''.
(B) The heading of paragraph (2) of section 45H(c) is
amended by striking ``capital''.
(C) Subsection (a) of section 179B is amended by inserting
``and which are properly chargeable to capital account''
before the period at the end.
(4) The amendments made by this subsection shall take
effect as if included in section 339 of the American Jobs
Creation Act of 2004.
PART IV--ADVANCED TECHNOLOGY VEHICLES
SEC. 841. EXPANSION AND MODIFICATION OF CREDIT FOR
ALTERNATIVE FUEL MOTOR VEHICLES.
(a) Extension.--Section 30B(j) (relating to termination) is
amended--
(1) by striking ``December 31, 2014'' in paragraph (1) and
inserting ``December 31, 2016'',
(2) by striking ``December 31, 2010'' in paragraph (2) and
inserting ``December 31, 2012'',
(3) by striking ``December 31, 2009'' in paragraph (3) and
inserting ``December 31, 2012'', and
(4) by striking ``December 31, 2010'' in paragraph (4) and
inserting ``December 31, 2012''.
(b) Modification Relating to New Qualified Alternative Fuel
Motor Vehicle Credit.--The last sentence of section 30B(e)(2)
is amended to read as follows: ``A new qualified alternative
fuel motor vehicle which weighs more than 14,000 pounds gross
vehicle weight rating shall be deemed to satisfy the
preceding sentence if it is certified as exceeding the most
stringent standard applicable to the model year in which such
motor vehicle was produced.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
SEC. 842. CREDIT FOR PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES.
(a) Plug-in Electric Drive Motor Vehicle Credit.--
(1) In general.--Subpart B of part IV of subchapter A of
chapter 1 (relating to other credits) is amended by adding at
the end the following new section:
``SEC. 30D. PLUG-IN ELECTRIC DRIVE MOTOR VEHICLE CREDIT.
``(a) Allowance of Credit.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
an amount equal to the applicable amount with respect to each
new qualified plug-in electric drive motor vehicle placed in
service by the taxpayer during the taxable year.
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is sum of--
``(A) $2,500, plus
``(B) $400 for each kilowatt hour of traction battery
capacity of at least 5 kilowatt hours, plus
``(C) $400 for each kilowatt hour of traction battery
capacity in excess of 5 kilowatt hours.
``(b) Limitations.--
``(1) Limitation based on weight.--The amount of the credit
allowed under subsection (a) by reason of subsection
(a)(2)(A) shall not exceed--
``(A) $7,500, in the case of any new qualified plug-in
electric drive motor vehicle with a gross vehicle weight
rating of not more than 10,000 pounds,
``(B) $10,000, in the case of any new qualified plug-in
electric drive motor vehicle with a gross vehicle weight
rating of more than 10,000 pounds but not more than 14,000
pounds,
``(C) $12,500, in the case of any new qualified plug-in
electric drive motor vehicle with a gross vehicle weight
rating of more than 14,000 pounds but not more than 26,000
pounds, and
``(D) $15,000, in the case of any new qualified plug-in
electric drive motor vehicle with a gross vehicle weight
rating of more than 26,000 pounds.
``(2) Limitation on number of passenger vehicles and light
trucks eligible for credit.--No credit shall be allowed under
subsection (a) for any new qualified plug-in electric drive
motor vehicle which is a passenger vehicle or light truck in
any calendar year following the calendar year which includes
the first date on which the total number of such new
qualified plug-in electric drive motor vehicles sold for use
in the United States after December 31, 2007, is at least
250,000.
``(c) New Qualified Plug-in Electric Drive Motor Vehicle.--
For purposes of this section, the term `new qualified plug-in
electric drive motor vehicle' means a motor vehicle--
``(1) which draws propulsion using a traction battery with
at least 4 kilowatt hours of capacity,
``(2) which uses an offboard source of energy to recharge
such battery,
``(3) which, in the case of a passenger vehicle or light
truck which has a gross vehicle weight rating of not more
than 8,500 pounds, has received a certificate of conformity
under the Clean Air Act and meets or exceeds the equivalent
qualifying California low emission vehicle standard under
section 243(e)(2) of the Clean Air Act for that make and
model year, and
``(A) in the case of a vehicle having a gross vehicle
weight rating of 6,000 pounds or less, the Bin 5 Tier II
emission standard established in regulations prescribed by
the Administrator of the Environmental Protection Agency
under section 202(i) of the Clean Air Act for that make and
model year vehicle, and
``(B) in the case of a vehicle having a gross vehicle
weight rating of more than 6,000 pounds but not more than
8,500 pounds, the Bin 8 Tier II emission standard which is so
established,
``(4) the original use of which commences with the
taxpayer,
``(5) which is acquired for use or lease by the taxpayer
and not for resale, and
``(6) which is made by a manufacturer.
``(d) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without
regard to this subsection) that is attributable to property
of a character subject to an allowance for depreciation shall
be treated as a credit listed in section 38(b) for such
taxable year (and not allowed under subsection (a)).
``(2) Personal credit.--The credit allowed under subsection
(a) (after the application of paragraph (1)) for any taxable
year shall not exceed the excess (if any) of--
``(A) the regular tax liability (as defined in section
26(b)) reduced by the sum of the credits allowable under
subpart A and sections 27, 30, 30B, and 30C, over
[[Page 16406]]
``(B) the tentative minimum tax for the taxable year.
``(e) Other Definitions and Special Rules.--For purposes of
this section--
``(1) Motor vehicle.--The term `motor vehicle' has the
meaning given such term by section 30(c)(2).
``(2) Other terms.--The terms `passenger automobile',
`light truck', and `manufacturer' have the meanings given
such terms in regulations prescribed by the Administrator of
the Environmental Protection Agency for purposes of the
administration of title II of the Clean Air Act (42 U.S.C.
7521 et seq.).
``(3) Traction battery capacity.--Traction battery capacity
shall be measured in kilowatt hours from a 100 percent state
of charge to a zero percent state of charge.
``(4) Reduction in basis.--For purposes of this subtitle,
the basis of any property for which a credit is allowable
under subsection (a) shall be reduced by the amount of such
credit so allowed.
``(5) No double benefit.--The amount of any deduction or
other credit allowable under this chapter for a new qualified
plug-in electric drive motor vehicle shall be reduced by the
amount of credit allowed under subsection (a) for such
vehicle for the taxable year.
``(6) Property used by tax-exempt entity.--In the case of a
vehicle the use of which is described in paragraph (3) or (4)
of section 50(b) and which is not subject to a lease, the
person who sold such vehicle to the person or entity using
such vehicle shall be treated as the taxpayer that placed
such vehicle in service, but only if such person clearly
discloses to such person or entity in a document the amount
of any credit allowable under subsection (a) with respect to
such vehicle (determined without regard to subsection
(b)(2)).
``(7) Property used outside united states, etc., not
qualified.--No credit shall be allowable under subsection (a)
with respect to any property referred to in section 50(b)(1)
or with respect to the portion of the cost of any property
taken into account under section 179.
``(8) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which
ceases to be property eligible for such credit (including
recapture in the case of a lease period of less than the
economic life of a vehicle).
``(9) Election to not take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects not to have this section apply to such vehicle.
``(10) Interaction with air quality and motor vehicle
safety standards.--Unless otherwise provided in this section,
a motor vehicle shall not be considered eligible for a credit
under this section unless such vehicle is in compliance
with--
``(A) the applicable provisions of the Clean Air Act for
the applicable make and model year of the vehicle (or
applicable air quality provisions of State law in the case of
a State which has adopted such provision under a waiver under
section 209(b) of the Clean Air Act), and
``(B) the motor vehicle safety provisions of sections 30101
through 30169 of title 49, United States Code.
``(f) Regulations.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall promulgate such regulations as necessary to
carry out the provisions of this section.
``(2) Coordination in prescription of certain
regulations.--The Secretary of the Treasury, in coordination
with the Secretary of Transportation and the Administrator of
the Environmental Protection Agency, shall prescribe such
regulations as necessary to determine whether a motor vehicle
meets the requirements to be eligible for a credit under this
section.
``(g) Termination.--This section shall not apply to
property purchased after December 31, 2014.''.
(2) Coordination with other motor vehicle credits.--
(A) New qualified fuel cell motor vehicles.--Paragraph (3)
of section 30B(b) is amended by adding at the end the
following new flush sentence:
``Such term shall not include any motor vehicle which is a
new qualified plug-in electric drive motor vehicle (as
defined by section 30D(c)).''.
(B) New qualified hybrid motor vehicles.--Paragraph (3) of
section 30B(d) is amended by adding at the end the following
new flush sentence:
``Such term shall not include any motor vehicle which is a
new qualified plug-in electric drive motor vehicle (as
defined by section 30D(c)).''.
(3) Conforming amendments.--
(A) Section 38(b), as amended by this Act, is amended by
striking ``plus'' at the end of paragraph (31), by striking
the period at the end of paragraph (32) and inserting
``plus'', and by adding at the end the following new
paragraph:
``(33) the portion of the new qualified plug-in electric
drive motor vehicle credit to which section 30D(d)(1)
applies.''.
(B) Section 55(c)(3) is amended by inserting ``30D(d)(2),''
after ``30C(d)(2),''.
(C) Section 1016(a), as amended by this Act, is amended by
striking ``and'' at the end of paragraph (35), by striking
the period at the end of paragraph (36) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(37) to the extent provided in section 30D(e)(4).''.
(D) Section 6501(m) is amended by inserting ``30D(e)(9)''
after ``30C(e)(5)''.
(E) The table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:
``Sec. 30D. Plug-in electric drive motor vehicle credit.''.
(b) Conversion Kits.--
(1) In general.--Section 30B (relating to alternative motor
vehicle credit) is amended by redesignating subsections (i)
and (j) as subsections (j) and (k), respectively, and by
inserting after subsection (h) the following new subsection:
``(i) Plug-in Conversion Credit.--
``(1) In general.--For purposes of subsection (a), the
plug-in conversion credit determined under this subsection
with respect to any motor vehicle which is converted to a
qualified plug-in electric drive motor vehicle is an amount
equal to 10 percent of the cost of the plug-in traction
battery module installed in such vehicle as part of such
conversion.
``(2) Limitations.--The amount of the credit allowed under
this subsection shall not exceed $2,500 with respect to the
conversion of any motor vehicle.
``(3) Definitions and special rules.--For purposes of this
subsection--
``(A) Qualified plug-in electric drive motor vehicle.--The
term `qualified plug-in electric drive motor vehicle' means
any new qualified plug-in electric drive motor vehicle (as
defined in section 30D(c), determined without regard to
paragraphs (4) and (6) thereof).
``(B) Plug-in traction battery module.--The term `plug-in
traction battery module' means an electro-chemical energy
storage device which--
``(i) has a traction battery capacity of not less than 2.5
kilowatt hours,
``(ii) is equipped with an electrical plug by means of
which it can be energized and recharged when plugged into an
external source of electric power,
``(iii) consists of a standardized configuration and is
mass produced,
``(iv) has been tested and approved by the National Highway
Transportation Safety Administration as compliant with
applicable motor vehicle and motor vehicle equipment safety
standards when installed by a mechanic with standardized
training in protocols established by the battery manufacturer
as part of a nationwide distribution program, and
``(v) is certified by a battery manufacturer as meeting the
requirements of clauses (i) through (iv).
``(C) Credit allowed to lessor of battery module.--In the
case of a plug-in traction battery module which is leased to
the taxpayer, the credit allowed under this subsection shall
be allowed to the lessor of the plug-in traction battery
module.
``(D) Credit allowed in addition to other credits.--The
credit allowed under this subsection shall be allowed with
respect to a motor vehicle notwithstanding whether a credit
has been allowed with respect to such motor vehicle under
this section (other than this subsection) in any preceding
taxable year.
``(4) Termination.--This subsection shall not apply to
conversions made after December 31, 2009.''.
(2) Credit treated as part of alternative motor vehicle
credit.--Section 30B(a) is amended by striking ``and'' at the
end of paragraph (3), by striking the period at the end of
paragraph (4) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(5) the plug-in conversion credit determined under
subsection (i).''.
(3) No recapture for vehicles converted to qualified plug-
in electric drive motor vehicles.--Paragraph (8) of section
30B(h) is amended by adding at the end the following: ``,
except that no benefit shall be recaptured if such property
ceases to be eligible for such credit by reason of conversion
to a qualified plug-in electric drive motor vehicle.''
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2007, in taxable years beginning after such date.
SEC. 843. EXCLUSION FROM HEAVY TRUCK TAX FOR IDLING REDUCTION
UNITS AND ADVANCED INSULATION ADDED AFTER
PURCHASE.
(a) In General.--Section 4053 (relating to exemptions) is
amended by adding at the end the following new paragraphs:
``(7) Idling reduction device.--Any device or system of
devices which--
``(A) is designed to provide to a vehicle those services
(such as heat, air conditioning, or electricity) that would
otherwise require the operation of the main drive engine
while the vehicle is temporarily parked or remains stationary
using either--
``(i) an all electric unit, such as a battery powered unit
or from grid-supplied electricity, or
``(ii) a dual fuel unit powered by diesel or other fuels,
and capable of providing such
[[Page 16407]]
services from grid-supplied electricity or on-truck batteries
alone, and
``(B) is certified by the Secretary of Energy, in
consultation with the Administrator of the Environmental
Protection Agency and the Secretary of Transportation, to
reduce long-duration idling of such vehicle at a motor
vehicle rest stop or other location where such vehicles are
temporarily parked or remain stationary.
For purposes of subparagraph (B), the term `long-duration
idling' means the operation of a main drive engine, for a
period greater than 15 consecutive minutes, where the main
drive engine is not engaged in gear. Such term does not apply
to routine stoppages associated with traffic movement or
congestion.
``(8) Advanced insulation.--Any insulation that has an R
value of not less than R35 per inch.''.
(b) Effective Date.--The amendment made by this section
shall apply to sales or installations after December 31,
2007.
PART V--CONSERVATION AND ENERGY EFFICIENCY
SEC. 851. EXTENSION AND MODIFICATION OF NONBUSINESS ENERGY
PROPERTY CREDIT.
(a) Extension of Credit.--Section 25C(g) (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(b) Natural Gas Fired Heat Pumps.--Section 25C(d)(3)
(relating to energy-efficient building property) is amended--
(1) by striking ``and'' at the end of subparagraph (D),
(2) by striking the period at the end of subparagraph (E)
and inserting ``, and'', and
(3) by adding at the end the following new subparagraph:
``(F) a natural gas fired heat pump with a heating
coefficient of performance (COP) of at least 1.1.''.
(c) Modifications of Standards for Energy-Efficient
Building Property.--
(1) Increased limitation for oil furnaces and natural gas,
propane, and oil hot water boilers.--
(A) In general.--Subparagraphs (B) and (C) of section
25C(b)(3) are amended to read as follows:
``(B) $150 for any qualified natural gas furnace or
qualified propane furnace, and
``(C) $300 for--
``(i) any item of energy-efficient building property, and
``(ii) any qualified oil furnace, qualified natural gas hot
water boiler, qualified propane hot water boiler, or
qualified oil hot water boiler.''.
(B) Conforming amendment.--Clause (ii) of section
25C(d)(2)(A) is amended to read as follows:
``(ii) any qualified natural gas furnace, qualified propane
furnace, qualified oil furnace, qualified natural gas hot
water boiler, qualified propane hot water boiler, or
qualified oil hot water boiler, or''.
(2) Electric heat pumps.--Subparagraph (B) of section
25C(d)(3) is amended to read as follows:
``(B) an electric heat pump which achieves the highest
efficiency tier established by the Consortium for Energy
Efficiency, as in effect on January 1, 2008.''.
(3) Water heaters.--Subparagraph (E) of section 25C(d)(3)
is amended to read as follows:
``(E) a natural gas, propane, or oil water heater which has
either an energy factor of at least 0.80 or a thermal
efficiency of at least 90 percent.''.
(4) Oil furnaces and hot water boilers.--Paragraph (4) of
section 25C(d) is amended to read as follows:
``(4) Qualified natural gas, propane, and oil furnaces and
hot water boilers.--
``(A) Qualified natural gas furnace.--The term `qualified
natural gas furnace' means any natural gas furnace which
achieves an annual fuel utilization efficiency rate of not
less than 95.
``(B) Qualified natural gas hot water boiler.--The term
`qualified natural gas hot water boiler' means any natural
gas hot water boiler which achieves an annual fuel
utilization efficiency rate of not less than 90.
``(C) Qualified propane furnace.--The term `qualified
propane furnace' means any propane furnace which achieves an
annual fuel utilization efficiency rate of not less than 95.
``(D) Qualified propane hot water boiler.--The term
`qualified propane hot water boiler' means any propane hot
water boiler which achieves an annual fuel utilization
efficiency rate of not less than 90.
``(E) Qualified oil furnaces.--The term `qualified oil
furnace' means any oil furnace which achieves an annual fuel
utilization efficiency rate of not less than 90.
``(F) Qualified oil hot water boiler.--The term `qualified
oil hot water boiler' means any oil hot water boiler which
achieves an annual fuel utilization efficiency rate of not
less than 90.''.
(d) Effective Date.--The amendments made this section shall
apply to expenditures made after December 31, 2007.
SEC. 852. EXTENSION AND MODIFICATION OF NEW ENERGY EFFICIENT
HOME CREDIT.
(a) Extension of Credit.--Subsection (g) of section 45L
(relating to termination), as amended by section 205 of
division A of the Tax Relief and Health Care Act of 2006, is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2011''.
(b) Modification.--
(1) In general.--Subparagraph (B) of section 45L(a)(1) is
amended to read as follows:
``(B)(i) acquired by a person from such eligible contractor
and used by any person as a residence during the taxable
year, or
``(ii) used by such eligible contractor as a residence
during the taxable year.''.
(2) Effective date.--The amendments made by this subsection
shall apply to homes purchased after December 31, 2008.
SEC. 853. EXTENSION AND MODIFICATION OF ENERGY EFFICIENT
COMMERCIAL BUILDINGS DEDUCTION.
(a) Extension.--Section 179D(h) (relating to termination)
is amended by striking ``December 31, 2008'' and inserting
``December 31, 2013''.
(b) Adjustment of Maximum Deduction Amount.--
(1) In general.--Subparagraph (A) of section 179D(b)(1)
(relating to maximum amount of deduction) is amended by
striking ``$1.80'' and inserting ``$2.25''.
(2) Partial allowance.--Paragraph (1) of section 179D(d) is
amended--
(A) by striking ``$.60'' and inserting ``$0.75'', and
(B) by striking ``$1.80'' and inserting ``$2.25''.
(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
SEC. 854. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT
FOR APPLIANCES PRODUCED AFTER 2007.
(a) In General.--Section 45M of the Internal Revenue Code
of 1986 is amended to read as follows:
``SEC. 45M. ENERGY EFFICIENT APPLIANCE CREDIT.
``(a) General Rule.--
``(1) In general.--For purposes of section 38, the energy
efficient appliance credit determined under this section for
any taxable year is an amount equal to the sum of the credit
amounts determined under paragraph (2) for each type of
qualified energy efficient appliance produced by the taxpayer
during the calendar year ending with or within the taxable
year.
``(2) Credit amounts.--The credit amount determined for any
type of qualified energy efficient appliance is--
``(A) the applicable amount determined under subsection (b)
with respect to such type, multiplied by
``(B) the eligible production for such type.
``(b) Applicable Amount.--For purposes of subsection (a)--
``(1) Dishwashers.--The applicable amount is $75 in the
case of a residential model dishwasher which--
``(A) is manufactured in calendar year 2008, 2009, or 2010,
and
``(B) uses not more than 307 kilowatt hours per year and
5.0 gallons per cycle (5.5 gallons for dishwashers designed
for greater than 12 place settings).
``(2) Clothes washers.--The applicable amount is--
``(A) $125 in the case of a residential model top-loading
clothes washer which--
``(i) is manufactured in calendar year 2008 or 2009, and
``(ii) meets or exceeds a 1.8 MEF and does not exceed a 7.5
water consumption factor,
``(B) $150 in the case of a residential or commercial model
clothes washer which--
``(i) is manufactured in calendar year 2008, 2009, or 2010,
and
``(ii) meets or exceeds a 2.0 MEF and does not exceed a 6.0
water consumption factor, and
``(C) $250 in the case of a residential or commercial model
clothes washer which--
``(i) is manufactured in calendar year 2008, 2009, or 2010,
and
``(ii) meets or exceeds a 2.2 MEF and does not exceed a 4.5
water consumption factor.
``(3) Refrigerators.--The applicable amount is--
``(A) $75 in the case of a residential model refrigerator
which--
``(i) is manufactured in calendar year 2008 or 2009, and
``(ii) consumes at least 23 percent, but not more than 24.9
percent, fewer kilowatt hours per year than the 2001 energy
conservation standards,
``(B) $100 in the case of a residential model refrigerator
which--
``(i) is manufactured in calendar year 2008, 2009, or 2010,
and
``(ii) consumes at least 25 percent, but not more than 29.9
percent, fewer kilowatt hours per year than the 2001 energy
conservation standards, and
``(C) $200 in the case of a residential model refrigerator
which--
``(i) is manufactured in calendar year 2008, 2009, or 2010,
and
``(ii) consumes at least 30 percent fewer kilowatt hours
per year than the 2001 energy conservation standards.
``(c) Eligible Production.--The eligible production in a
calendar year with respect to each type of qualified energy
efficient appliance is the excess of--
``(1) the number of appliances of such type which are
produced in the United States by the taxpayer during such
calendar year, over
``(2) the average number of appliances of such type which
were produced in the United
[[Page 16408]]
States by the taxpayer (or any predecessor) during the
preceding 2-calendar year period.
``(d) Types of Qualified Energy Efficient Appliances.--For
purposes of this section, the types of qualified energy
efficient appliances are--
``(1) dishwashers described in subsection (b)(1),
``(2) clothes washers described in subsection (b)(2), and
``(3) refrigerators described in subsection (b)(3).
``(e) Limitations.--
``(1) Aggregate credit amount allowed.--Except as provided
in paragraph (2), the aggregate amount of credit allowed
under subsection (a) with respect to a taxpayer for any
taxable year shall not exceed $75,000,000 reduced by the
amount of the credit allowed under subsection (a) to the
taxpayer (or any predecessor) for all prior taxable years
beginning after December 31, 2007.
``(2) Limitation based on gross receipts.--The credit
allowed under subsection (a) with respect to a taxpayer for
the taxable year shall not exceed an amount equal to 2
percent of the average annual gross receipts of the taxpayer
for the 3 taxable years preceding the taxable year in which
the credit is determined beginning after December 31, 2007.
``(3) Gross receipts.--For purposes of this subsection, the
rules of paragraphs (2) and (3) of section 448(c) shall
apply.
``(f) Definitions.--For purposes of this section:
``(1) Dishwasher.--The term `dishwasher' means a dishwasher
subject to the energy conservation standards established by
the Department of Energy.
``(2) Clothes washer.--The term `clothes washer' includes a
clothes washer subject to the energy conservation standards
established by the Department of Energy.
``(3) Top-loading clothes washer.--The term `top-loading
clothes washer' means a clothes washer with the clothes
container compartment access located on the top of the
machine.
``(4) Refrigerator.--The term `refrigerator' means an
automatic defrost refrigerator-freezer which has an internal
volume of at least 16.5 cubic feet.
``(5) Gallons per cycle.--The term `gallons per cycle'
means the amount of water, expressed in gallons, required to
complete a normal cycle of a dishwasher.
``(6) MEF.--The term `MEF' means the modified energy factor
established by the Department of Energy for compliance with
the Federal energy conservation standard.
``(7) Water consumption factor.--The term `water
consumption factor' means the quotient of the total weighted
per-cycle water consumption divided by the cubic foot
capacity of the clothes washer.
``(8) 2001 energy conservation standard.--The term `2001
energy conservation standard' means the energy conservation
standards promulgated by the Department of Energy and
effective July 1, 2001.
``(g) Special Rules.--For purposes of this section:
``(1) In general.--Rules similar to the rules of
subsections (c), (d), and (e) of section 52 shall apply.
``(2) Controlled group.--
``(A) In general.--All persons treated as a single employer
under subsection (a) or (b) of section 52 or subsection (m)
or (o) of section 414 shall be treated as a single producer.
``(B) Inclusion of foreign corporations.--For purposes of
subparagraph (A), in applying subsections (a) and (b) of
section 52 to this section, section 1563 shall be applied
without regard to subsection (b)(2)(C) thereof.
``(3) Verification.--No amount shall be allowed as a credit
under subsection (a) with respect to which the taxpayer has
not submitted such information or certification as the
Secretary, in consultation with the Secretary of Energy,
determines necessary.''.
(b) Effective Date.--The amendments made by this section
shall apply to appliances produced after December 31, 2007.
PART VI--ACCOUNTABILITY STUDIES
SEC. 861. COST-BENEFIT ANALYSIS OF POLLUTION REDUCTION AND
SAVING IN IMPORTED OIL PER DOLLAR OF TAX
BENEFIT.
(a) Cost-Benefit Analysis.--The Secretary of the Treasury
shall undertake a cost-benefit analysis of those provisions
of this Act that use tax incentives to reduce the use of
imported oil and to reduce the emissions of carbon dioxide
and harmful air pollutants.
(b) Report.--Not later than December 31 of the 2nd calendar
year after the date of the enactment of this Act, the
Secretary of the Treasury shall prepare and submit to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives a report on the
cost-benefit analysis conducted pursuant to subsection (a).
SEC. 862. EFFECT OF ENERGY RELATED TAX BENEFITS ON PRICES FOR
CONSUMER GOODS.
(a) Study.--The Secretary of the Treasury shall undertake a
study of the estimated effects on the price of consumer goods
that may result from the enactment of the amendments to the
Internal Revenue Code of 1986 made by this Act, including the
effect on the price of foodstuffs, soaps, automobiles, motor
fuels, and any other product for which the amendments made by
this Act may be expected to significantly alter the supply
and demand conditions of a consumer goods market.
(b) Report.--Not later than December 31 of the 2nd calendar
year after the date of the enactment of this Act, the
Secretary of the Treasury shall prepare and submit to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives a report on the
study conducted pursuant to subsection (a).
SEC. 863. STUDY ON TAX-CREDIT BONDS.
(a) Study.--The Secretary of the Treasury shall undertake a
study of the use of tax-credit bonds as a means of
subsidizing the borrowing costs of the beneficiaries of such
financing. In addition to providing a general examination of
the effectiveness of the tax-credit bonds described in
paragraph (2) and of the Federal subsidy provided by tax-
credit bonds relative to the subsidy provided by tax-exempt
bonds, the study shall--
(1) examine the extent to which projects eligible for tax-
credit bonds also receive other Federal tax benefits under
present law,
(2) examine any market or administrative issues associated
with present-law tax-credit bonds under sections 54 and 1397E
of the Internal Revenue Code of 1986 and sections 54A and 54B
of such Code, as added by this Act, including--
(A) the effect of the Department of the Treasury setting
the credit rate,
(B) the Department's selection of projects eligible for
financing,
(C) the potential for arbitrage earnings and the extent to
which this may affect the level of subsidy,
(D) the lack of uniform rules for tax-credit bonds, and
(E) the direct issuance of tax-credit bonds by private
parties, and
(3) discuss the changes to present-law that would be
necessary to provide a tax-credit bond that delivers a
subsidy comparable to that provided by tax-exempt bonds and
reduces the market and administrative issues associated with
present-law tax-credit bonds.
(b) Report.--Not later than December 31 of the 2nd calendar
year after the date of the enactment of this Act, the
Secretary of the Treasury shall prepare and submit to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives a report on the
results of the study conducted pursuant to subsection (a).
PART VII--OTHER PROVISIONS
Subpart A--Timber Provisions
SEC. 871. DEDUCTION FOR QUALIFIED TIMBER GAIN.
(a) In General.--Part I of subchapter P of chapter 1 is
amended by adding at the end the following new section:
``SEC. 1203. DEDUCTION FOR QUALIFIED TIMBER GAIN.
``(a) In General.--In the case of a taxpayer which elects
the application of this section for a taxable year, there
shall be allowed a deduction against gross income in an
amount equal to 60 percent of the lesser of--
``(1) the taxpayer's qualified timber gain for such year,
or
``(2) the taxpayer's net capital gain for such year.
``(b) Qualified Timber Gain.--For purposes of this section,
the term `qualified timber gain' means, with respect to any
taxpayer for any taxable year, the excess (if any) of--
``(1) the sum of the taxpayer's gains described in
subsections (a) and (b) of section 631 for such year, over
``(2) the sum of the taxpayer's losses described in such
subsections for such year.
``(c) Special Rules for Pass-Thru Entities.--
``(1) In the case of any qualified timber gain of a pass-
thru entity (as defined in section 1(h)(10)) other than a
real estate investment trust, the election under this section
shall be made separately by each taxpayer subject to tax on
such gain.
``(2) In the case of any qualified timber gain of a real
estate investment trust, the election under this section
shall be made by the real estate investment trust.
``(d) Termination.--
``(1) In general.--This section shall not apply to any
taxable year beginning after the date that is 1 year after
the date of the enactment of this section.
``(2) Taxable years which include date of termination.--In
the case of any taxable year which includes the date of the
termination described in paragraph (1), for purposes of this
section, the taxpayer's qualified timber gain shall not
exceed the excess that would be described in subsection (b)
if only dispositions of timber before such date were taken
into account.''.
(b) Coordination With Maximum Capital Gains Rates.--
(1) Taxpayers other than corporations.--Paragraph (2) of
section 1(h) is amended to read as follows:
``(2) Reduction of net capital gain.--For purposes of this
subsection, the net capital gain for any taxable year shall
be reduced (but not below zero) by the sum of--
``(A) the amount which the taxpayer takes into account as
investment income under section 163(d)(4)(B)(iii), and
``(B) in the case of a taxable year with respect to which
an election is in effect under section 1203, the lesser of--
[[Page 16409]]
``(i) the amount described in paragraph (1) of section
1203(a), or
``(ii) the amount described in paragraph (2) of such
section.''.
(2) Corporations.--Section 1201 is amended by redesignating
subsection (b) as subsection (c) and inserting after
subsection (a) the following new subsection:
``(b) Qualified Timber Gain Not Taken Into Account.--For
purposes of this section, in the case of a corporation with
respect to which an election is in effect under section 1203,
the net capital gain for any taxable year shall be reduced
(but not below zero) by the corporation's qualified timber
gain (as defined in section 1203(b)).''.
(c) Deduction Allowed Whether or Not Individual Itemizes
Other Deductions.--Subsection (a) of section 62 is amended by
inserting before the last sentence the following new
paragraph:
``(22) Qualified timber gains.--The deduction allowed by
section 1203.''.
(d) Deduction Allowed in Computing Adjusted Current
Earnings.--Subparagraph (C) of section 56(g)(4) is amended by
adding at the end the following new clause:
``(vii) Deduction for qualified timber gain.--Clause (i)
shall not apply to any deduction allowed under section
1203.''.
(e) Deduction Allowed in Computing Taxable Income of
Electing Small Business Trusts.--Subparagraph (C) of section
641(c)(2) is amended by inserting after clause (iii) the
following new clause:
``(iv) The deduction allowed under section 1203.''.
(f) Treatment of Qualified Timber Gain of Real Estate
Investment Trusts.--Paragraph (3) of section 857(b) is
amended by inserting after subparagraph (F) the following new
subparagraph:
``(G) Treatment of qualified timber gain.--For purposes of
this part, in the case of a real estate investment trust with
respect to which an election is in effect under section
1203--
``(i) Reduction of net capital gain.--The net capital gain
of the real estate investment trust for any taxable year
shall be reduced (but not below zero) by the real estate
investment trust's qualified timber gain (as defined in
section 1203(b)).
``(ii) Adjustment to shareholder's basis attributable to
deduction for qualified timber gains.--
``(I) In general.--The adjusted basis of shares in the
hands of the shareholder shall be increased by the amount of
the deduction allowable under section 1203(a) as provided in
subclauses (II) and (III).
``(II) Allocation of basis increase for distributions made
during taxable year.--For any taxable year of a real estate
investment trust for which an election is in effect under
section 1203, in the case of a distribution made with respect
to shares during such taxable year of amounts attributable to
the deduction allowable under section 1203(a), the adjusted
basis of such shares shall be increased by the amount of such
distributions.
``(III) Allocation of excess.--If the deduction allowable
under section 1203(a) for a taxable year exceeds the amount
of distributions described in subclause (II), the excess
shall be allocated to every shareholder of the real estate
investment trust at the close of the trust's taxable year in
the same manner as if a distribution of such excess were made
with respect to such shares.
``(IV) Designations.--To the extent provided in
regulations, a real estate investment trust shall designate
the amounts described in subclauses (II) and (III) in a
manner similar to the designations provided with respect to
capital gains described in subparagraphs (C) and (D).
``(V) Definitions.--As used in this subparagraph, the terms
`share' and `shareholder' shall include beneficial interests
and holders of beneficial interests, respectively.
``(iii) Earnings and profits deduction for qualified timber
gains.--The deduction allowable under section 1203(a) for a
taxable year shall be allowed as a deduction in computing the
earnings and profits of the real estate investment trust for
such taxable year. The earnings and profits of any such
shareholder which is a corporation shall be appropriately
adjusted in accordance with regulations prescribed by the
Secretary.''.
(g) Loss Attributable to Basis Adjustment for Deduction for
Qualified Timber Gain of Real Estate Investment Trusts.--
(1) Section 857(b)(8) is amended by redesignating
subparagraphs (B) and (C) as subparagraphs (C) and (D),
respectively, and by inserting after subparagraph (A) the
following new subparagraph:
``(B) Loss attributable to basis adjustment for deduction
for qualified timber gain.--If--
``(i) a shareholder of a real estate investment trust
receives a basis adjustment provided under subsection
(b)(3)(G)(ii), and
``(ii) the taxpayer has held such share or interest for 6
months or less,
then any loss on the sale or exchange of such share or
interest shall, to the extent of the amount described in
clause (i), be disallowed.''.
(2) Subparagraph (D) of section 857(b)(8), as redesignated
by paragraph (1), is amended by striking ``subparagraph (A)''
and inserting ``subparagraphs (A) and (B)''.
(h) Conforming Amendments.--
(1) Subparagraph (B) of section 172(d)(2) is amended to
read as follows:
``(B) the exclusion under section 1202, and the deduction
under section 1203, shall not be allowed.''.
(2) Paragraph (4) of section 642(c) is amended by striking
the first sentence and inserting ``To the extent that the
amount otherwise allowable as a deduction under this
subsection consists of gain described in section 1202(a) or
qualified timber gain (as defined in section 1203(b)), proper
adjustment shall be made for any exclusion allowable to the
estate or trust under section 1202 and for any deduction
allowable to the estate or trust under section 1203.''
(3) Paragraph (3) of section 643(a) is amended by striking
the last sentence and inserting ``The exclusion under section
1202 and the deduction under section 1203 shall not be taken
into account.''.
(4) Subparagraph (C) of section 643(a)(6) is amended to
read as follows:
``(C) Paragraph (3) shall not apply to a foreign trust. In
the case of such a trust--
``(i) there shall be included gains from the sale or
exchange of capital assets, reduced by losses from such sales
or exchanges to the extent such losses do not exceed gains
from such sales or exchanges, and
``(ii) the deduction under section 1203 shall not be taken
into account.''.
(5) Paragraph (4) of section 691(c) is amended by inserting
``1203,'' after ``1202,''.
(6) Paragraph (2) of section 871(a) is amended by inserting
``or 1203,'' after ``1202,''.
(7) The table of sections for part I of subchapter P of
chapter 1 is amended by adding at the end the following new
item:
``Sec. 1203. Deduction for qualified timber gain.''.
(i) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment
of this Act.
(2) Taxable years which include date of enactment.--In the
case of any taxable year which includes the date of the
enactment of this Act, for purposes of the Internal Revenue
Code of 1986, the taxpayer's qualified timber gain shall not
exceed the excess that would be described in section 1203(b)
of such Code, as added by this section, if only dispositions
of timber after such date were taken into account.
SEC. 872. EXCISE TAX NOT APPLICABLE TO SECTION 1203 DEDUCTION
OF REAL ESTATE INVESTMENT TRUSTS.
(a) In General.--Subparagraph (B) of section 4981(b)(1) is
amended to read as follows:
``(B) 95 percent of the real estate investment trust's
capital gain net income, without regard to any reduction that
would be applied for purposes of section 857(b)(3)(G)(i).''.
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply to taxable years ending after the date of the enactment
of this Act.
(2) Taxable years which include date of enactment.--In the
case of any taxable year which includes the date of the
enactment of this Act, for purposes of the Internal Revenue
Code of 1986, the taxpayer's qualified timber gain shall not
exceed the excess that would be described in section 1203(b)
of such Code, as added by this Act, if only dispositions of
timber after such date were taken into account.
SEC. 873. TIMBER REIT MODERNIZATION.
(a) In General.--Section 856(c)(5) is amended by adding
after subparagraph (G) the following new subparagraph:
``(H) Treatment of timber gains.--
``(i) In general.--Gain from the sale of real property
described in paragraph (2)(D) and (3)(C) shall include gain
which is--
``(I) recognized by an election under section 631(a) from
timber owned by the real estate investment trust, the cutting
of which is provided by a taxable REIT subsidiary of the real
estate investment trust;
``(II) recognized under section 631(b); or
``(III) income which would constitute gain under subclause
(I) or (II) but for the failure to meet the 1-year holding
period requirement.
``(ii) Special rules.--
``(I) For purposes of this subtitle, cut timber, the gain
of which is recognized by a real estate investment trust
pursuant to an election under section 631(a) described in
clause (i)(I) or so much of clause (i)(III) as relates to
clause (i)(I), shall be deemed to be sold to the taxable REIT
subsidiary of the real estate investment trust on the first
day of the taxable year.
``(II) For purposes of this subtitle, income described in
this subparagraph shall not be treated as gain from the sale
of property described in section 1221(a)(1).
``(iii) Termination.--
``(I) In general.--This subparagraph shall not apply to
dispositions on or after the termination date.
``(II) Termination date.--For purposes of this subsection,
the termination date is the date that is 1 year after the
date of the enactment of this subparagraph.''.
(b) Effective Date.--The amendments made by this section
shall apply to dispositions after the date of the enactment
of this Act.
[[Page 16410]]
SEC. 874. MINERAL ROYALTY INCOME QUALIFYING INCOME FOR TIMBER
REITS.
(a) In General.--Section 856(c)(2) is amended by striking
``and'' at the end of subparagraph (G), by inserting ``and''
at the end of subparagraph (H), and by adding after
subparagraph (H) the following new subparagraph:
``(I) mineral royalty income earned before the termination
date, from real property owned by a timber real estate
investment trust held, or once held, in connection with the
trade or business of producing timber by such real estate
investment trust;''.
(b) Timber Real Estate Investment Trust.--Section
856(c)(5), as amended by this Act, is amended by adding after
subparagraph (H) the following new subparagraph:
``(I) Timber real estate investment trust.--The term
`timber real estate investment trust' means a real estate
investment trust in which more than 50 percent in value of
its total assets consists of real property held in connection
with the trade or business of producing timber.''.
(c) Effective Dates.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply to income earned after the date of the enactment
of this Act.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to taxable years ending after the date of the
enactment of this Act.
SEC. 875. MODIFICATION OF TAXABLE REIT SUBSIDIARY ASSET TEST
FOR TIMBER REITS.
(a) In General.--Section 856(c)(4)(B)(ii) is amended by
inserting ``(in the case of a quarter which closes before the
termination date, 25 percent in the case of a timber real
estate investment trust)'' after ``not more than 20 percent
of the value of its total assets is represented by securities
of one or more taxable REIT subsidiaries''.
(b) Effective Date.--The amendment made by this section
shall apply to quarters closing after the date of the
enactment of this Act.
SEC. 876. SAFE HARBOR FOR TIMBER PROPERTY.
(a) In General.--Section 857(b)(6) (relating to income from
prohibited transactions) is amended by adding at the end the
following new subparagraph:
``(G) Special rules for sales to qualified organizations.--
``(i) In general.--In the case of sale of a real estate
asset (as defined in section 856(c)(5)(B)) to a qualified
organization (as defined in section 170(h)(3)) exclusively
for conservation purposes (within the meaning of section
170(h)(1)(C)), subparagraph (D) shall be applied--
``(I) by substituting `2 years' for `4 years' in clause
(i), and
``(II) by substituting `2-year period' for `4-year period'
in clauses (ii) and (iii).
``(ii) Termination.--This subparagraph shall not apply to
sales on or after the termination date.''.
(b) Prohibited Transactions.--Section 857(b)(6)(D)(v) is
amended by inserting ``or, in the case of a sale before the
termination date, a taxable REIT subsidiary'' after
``independent contractor (as defined in section 856(d)(3))
from whom the trust itself does not derive or receive any
income''.
(c) Sales That Are Not Prohibited Transactions.--Section
857(b)(6), as amended by subsection (a), is amended by adding
at the end the following new subparagraph:
``(H) Sales of property that are not a prohibited
transaction.--In the case of a sale before the termination
date, the sale of property which is not a prohibited
transaction through application of subparagraph (D) shall be
considered property held for investment or for use in a trade
or business and not property described in section 1221(a)(1)
for all purposes of this subtitle.''.
(d) Termination Date.--Section 857(b)(6), as amended by
subsections (a) and (c), is amended by adding at the end the
following new subparagraph:
``(I) Termination date.--For purposes of this paragraph,
the termination date is the date that is 1 year after the
date of the enactment of this subparagraph.''.
(e) Effective Date.--The amendments made by this section
shall apply to dispositions after the date of the enactment
of this Act.
Subpart B--Miscellaneous
SEC. 877. SPECIAL RULES FOR REFUND OF THE COAL EXCISE TAX TO
CERTAIN COAL PRODUCERS AND EXPORTERS.
(a) Refund.--
(1) Coal producers.--
(A) In general.--Notwithstanding subsections (a)(1) and (c)
of section 6416 and section 6511 of the Internal Revenue Code
of 1986, if--
(i) a coal producer establishes that such coal producer, or
a party related to such coal producer, exported coal produced
by such coal producer to a foreign country or shipped coal
produced by such coal producer to a possession of the United
States, the export or shipment of which was other than
through an exporter who has filed a claim for a refund under
paragraph (2),
(ii) such coal producer filed a return on or after October
1, 1990, and on or before the date of the enactment of this
Act, and
(iii) such coal producer files a claim for refund not later
than the close of the 30-day period beginning on the date of
the enactment of this Act,
then the Secretary of the Treasury shall pay to such coal
producer an amount equal to the tax paid under section 4121
of such Code on such coal exported by the coal producer or a
party related to such coal producer.
(B) Special rules for certain taxpayers.--For purposes of
this section--
(i) Establishment of export.--If a coal producer or a party
related to a coal producer has received a judgment described
in clause (iii), such coal producer shall be deemed to have
established the export of coal to a foreign country or
shipment of coal to a possession of the United States under
subparagraph (A)(i).
(ii) Amount of payment.--If a taxpayer described in clause
(i) is entitled to a payment under subparagraph (A), the
amount of such payment shall be reduced by any amount awarded
under the judgment described in clause (iii).
(iii) Judgment described.--A judgment is described in this
subparagraph if such judgment--
(I) is made by a court of competent jurisdiction within the
United States,
(II) relates to the constitutionality of any tax paid on
exported coal under section 4121 of the Internal Revenue Code
of 1986, and
(III) is in favor of the coal producer or the party related
to the coal producer.
(iv) Recapture.--In the case any judgment described in
clause (iii) is overturned, the coal producer shall pay to
the Secretary the amount of any payment received under
subparagraph (A) unless the coal producer establishes the
export of the coal to a foreign country or shipment of coal
to a possession of the United States.
(2) Exporters.--Notwithstanding subsections (a)(1) and (c)
of section 6416 and section 6511 of the Internal Revenue Code
of 1986, and a judgment described in paragraph (1)(B)(iii) of
this subsection, if--
(A) an exporter establishes that such exporter exported
coal to a foreign country or shipped coal to a possession of
the United States, or caused such coal to be so exported or
shipped,
(B) such exporter filed a return on or after October 1,
1990, and on or before the date of the enactment of this Act,
and
(C) such exporter files a claim for refund not later than
the close of the 30-day period beginning on the date of the
enactment of this Act,
then the Secretary of the Treasury shall pay to such exporter
an amount equal to $0.825 per ton of such coal exported by
the exporter or caused to be exported by the exporter.
(b) Limitations.--Subsection (a) shall not apply with
respect to exported coal if a credit or refund of tax imposed
by section 4121 of such Code on such coal has been allowed or
made to, or if a settlement with the Federal Government has
been made with and accepted by, the coal producer, a party
related to such coal producer, or the exporter, of such coal,
as of the date that the claim is filed under this section
with respect to such exported coal. For purposes of this
subsection, the term ``settlement with the Federal
Government'' shall not include any settlement or stipulation
entered into as of the date of the enactment of this Act, the
terms of which contemplate a judgment concerning which any
party has reserved the right to file an appeal, or has filed
an appeal.
(c) Subsequent Refund Prohibited.--No refund shall be made
under this section to the extent that a credit or refund of
such tax on such exported coal has been paid to any person.
(d) Definitions.--For purposes of this section--
(1) Coal producer.--The term ``coal producer'' means the
person in whom is vested ownership of the coal immediately
after the coal is severed from the ground, without regard to
the existence of any contractual arrangement for the sale or
other disposition of the coal or the payment of any royalties
between the producer and third parties. The term includes any
person who extracts coal from coal waste refuse piles or from
the silt waste product which results from the wet washing (or
similar processing) of coal.
(2) Exporter.--The term ``exporter'' means a person, other
than a coal producer, who does not have a contract, fee
arrangement, or any other agreement with a producer or seller
of such coal to sell or export such coal to a third party on
behalf of the producer or seller of such coal and--
(A) is indicated in the shipper's export declaration or
other documentation as the exporter of record, or
(B) actually exported such coal to a foreign country or
shipped such coal to a possession of the United States, or
caused such coal to be so exported or shipped.
(3) Related party.--The term ``a party related to such coal
producer'' means a person who--
(A) is related to such coal producer through any degree of
common management, stock ownership, or voting control,
(B) is related (within the meaning of section 144(a)(3) of
such Code) to such coal producer, or
(C) has a contract, fee arrangement, or any other agreement
with such coal producer to sell such coal to a third party on
behalf of such coal producer.
[[Page 16411]]
(e) Timing of Refund.--With respect to any claim for refund
filed pursuant to this section, the Secretary of the Treasury
shall determine whether the requirements of this section are
met not later than 180 days after such claim is filed. If the
Secretary determines that the requirements of this section
are met, the claim for refund shall be paid not later than
180 days after the Secretary makes such determination.
(f) Interest.--Any refund paid pursuant to this section
shall be paid by the Secretary of the Treasury with interest
from the date of overpayment determined by using the
overpayment rate and method under section 6621 of such Code.
(g) Denial of Double Benefit.--The payment under subsection
(a) with respect to any coal shall not exceed--
(1) in the case of a payment to a coal producer, the amount
of tax paid under section 4121 of the Internal Revenue Code
of 1986 with respect to such coal by such coal producer or a
party related to such coal producer, and
(2) in the case of a payment to an exporter, an amount
equal to $0.825 per ton with respect to such coal exported by
the exporter or caused to be exported by the exporter.
(h) Application of Section.--This section applies only to
claims on coal exported on or after October 1, 1990, through
the date of the enactment of this Act.
(i) Standing Not Conferred.--
(1) Exporters.--With respect to exporters, this section
shall not confer standing upon an exporter to commence, or
intervene in, any judicial or administrative proceeding
concerning a claim for refund by a coal producer of any
Federal or State tax, fee, or royalty paid by the coal
producer.
(2) Coal producers.--With respect to coal producers, this
section shall not confer standing upon a coal producer to
commence, or intervene in, any judicial or administrative
proceeding concerning a claim for refund by an exporter of
any Federal or State tax, fee, or royalty paid by the
producer and alleged to have been passed on to an exporter.
SEC. 878. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS.
(a) In General.--Subpart H of part IV of subchapter A of
chapter 1 (relating to credits against tax), as amended by
this Act, is amended by adding at the end the following new
section:
``SEC. 54B. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who
holds a rural renaissance bond on 1 or more credit allowance
dates of the bond occurring during any taxable year, there
shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the sum of
the credits determined under subsection (b) with respect to
such dates.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance
date for a rural renaissance bond is 25 percent of the annual
credit determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any rural renaissance bond is the product of--
``(A) the credit rate determined by the Secretary under
paragraph (3) for the day on which such bond was sold,
multiplied by
``(B) the outstanding face amount of the bond.
``(3) Determination.--For purposes of paragraph (2), with
respect to any rural renaissance bond, the Secretary shall
determine daily or caused to be determined daily a credit
rate which shall apply to the first day on which there is a
binding, written contract for the sale or exchange of the
bond. The credit rate for any day is the credit rate which
the Secretary or the Secretary's designee estimates will
permit the issuance of rural renaissance bonds with a
specified maturity or redemption date without discount and
without interest cost to the qualified issuer.
``(4) Credit allowance date.--For purposes of this section,
the term `credit allowance date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term also includes the last day on which the bond is
outstanding.
``(5) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period
ending on a credit allowance date, the amount of the credit
determined under this subsection with respect to such credit
allowance date shall be a ratable portion of the credit
otherwise determined based on the portion of the 3-month
period during which the bond is outstanding. A similar rule
shall apply when the bond is redeemed or matures.
``(c) Limitation Based on Amount of Tax.--The credit
allowed under subsection (a) for any taxable year shall not
exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this part
(other than subpart C, section 1400N(l), and this section).
``(d) Rural Renaissance Bond.--For purposes of this
section--
``(1) In general.--The term `rural renaissance bond' means
any bond issued as part of an issue if--
``(A) the bond is issued by a qualified issuer pursuant to
an allocation by the Secretary to such issuer of a portion of
the national rural renaissance bond limitation under
subsection (f)(2),
``(B) 95 percent or more of the proceeds from the sale of
such issue are to be used for capital expenditures incurred
by qualified borrowers for 1 or more qualified projects,
``(C) the qualified issuer designates such bond for
purposes of this section and the bond is in registered form,
``(D) the issue meets the requirements of subsection (h),
and
``(E) such bond is not a federally guaranteed bond (within
the meaning of section 149(b)(2)).
``(2) Qualified project; special use rules.--
``(A) In general.--The term `qualified project' means 1 or
more projects described in subparagraph (B) located in a
rural area.
``(B) Projects described.--A project described in this
subparagraph is a project eligible for assistance under--
``(i) the utilities programs described in section
381E(d)(2) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 2009d(d)(2)),
``(ii) the distance learning or telemedicine programs
authorized pursuant to chapter 1 of subtitle D of title XXIII
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 950aaa et seq.),
``(iii) the rural electric programs authorized pursuant to
the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.),
``(iv) the rural telephone programs authorized pursuant to
the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.),
``(v) the broadband access programs authorized pursuant to
title VI of the Rural Electrification Act of 1936 (7 U.S.C.
950bb et seq.), and
``(vi) the rural community facility programs as described
in section 381E(d)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009d(d)(1)).
``(C) Refinancing rules.--For purposes of paragraph (1)(B),
a qualified project may be refinanced with proceeds of a
rural renaissance bond only if the indebtedness being
refinanced (including any obligation directly or indirectly
refinanced by such indebtedness) was originally incurred by a
qualified borrower after the date of the enactment of this
section.
``(D) Reimbursement.--For purposes of paragraph (1)(B), a
rural renaissance bond may be issued to reimburse a qualified
borrower for amounts paid after the date of the enactment of
this section with respect to a qualified project, but only
if--
``(i) prior to the payment of the original expenditure, the
qualified borrower declared its intent to reimburse such
expenditure with the proceeds of a rural renaissance bond,
``(ii) not later than 60 days after payment of the original
expenditure, the qualified issuer adopts an official intent
to reimburse the original expenditure with such proceeds, and
``(iii) the reimbursement is made not later than 18 months
after the date the original expenditure is paid.
``(E) Treatment of changes in use.--For purposes of
paragraph (1)(B), the proceeds of an issue shall not be
treated as used for a qualified project to the extent that a
qualified borrower or qualified issuer takes any action
within its control which causes such proceeds not to be used
for a qualified project. The Secretary shall prescribe
regulations specifying remedial actions that may be taken
(including conditions to taking such remedial actions) to
prevent an action described in the preceding sentence from
causing a bond to fail to be a rural renaissance bond.
``(F) Treatment of other subsidies.--For purposes of
subparagraph (B), a qualified project does not include any
portion of a project financed by grants or subsidized
financing provided (directly or indirectly) under a Federal
program, including any State or local obligation used to
provide financing for such portion the interest on which is
exempt from tax under section 103.
``(e) Maturity Limitations.--
``(1) Duration of term.--A bond shall not be treated as a
rural renaissance bond if the maturity of such bond exceeds
the maximum term determined by the Secretary under paragraph
(2) with respect to such bond.
``(2) Maximum term.--During each calendar month, the
Secretary shall determine the maximum term permitted under
this paragraph for bonds issued during the following calendar
month. Such maximum term shall be the term which the
Secretary estimates will result in the present value of the
obligation to repay the principal on the bond being equal to
50 percent of the face amount of such bond. Such present
value shall be determined without regard to the requirements
of paragraph (3) and using as a discount rate the average
annual interest rate of tax-exempt obligations having a term
of 10 years or more which are issued during the month. If the
term as so determined is not a multiple
[[Page 16412]]
of a whole year, such term shall be rounded to the next
highest whole year.
``(3) Ratable principal amortization required.--A bond
shall not be treated as a rural renaissance bond unless it is
part of an issue which provides for an equal amount of
principal to be paid by the qualified issuer during each
calendar year that the issue is outstanding.
``(f) Limitation on Amount of Bonds Designated.--
``(1) National limitation.--There is a national rural
renaissance bond limitation of $400,000,000.
``(2) Allocation by secretary.--
``(A) In general.--In accordance with subparagraph (B), the
Secretary shall allocate the amount described in paragraph
(1) among at least 20 qualified projects, or such lesser
number of qualified projects with proper applications filed
after 12 months after the adoption of the selection process
under subparagraph (B).
``(B) Selection process.--In consultation with the
Secretary of Agriculture, the Secretary shall adopt a process
to select projects described in subparagraph (A). Under such
process, the Secretary shall not allocate more than 15
percent of the allocation under subparagraph (A) to qualified
projects within a single State.
``(g) Credit Included in Gross Income.--Gross income
includes the amount of the credit allowed to the taxpayer
under this section (determined without regard to subsection
(c)) and the amount so included shall be treated as interest
income.
``(h) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if, as of the date of
issuance, the qualified issuer reasonably expects--
``(A) at least 95 percent of the proceeds from the sale of
the issue are to be spent for 1 or more qualified projects
within the 5-year period beginning on the date of issuance of
the rural renaissance bond,
``(B) a binding commitment with a third party to spend at
least 10 percent of the proceeds from the sale of the issue
will be incurred within the 6-month period beginning on the
date of issuance of the rural renaissance bond or, in the
case of a rural renaissance bond the proceeds of which are to
be loaned to 2 or more qualified borrowers, such binding
commitment will be incurred within the 6-month period
beginning on the date of the loan of such proceeds to a
qualified borrower, and
``(C) such projects will be completed with due diligence
and the proceeds from the sale of the issue will be spent
with due diligence.
``(2) Extension of period.--Upon submission of a request
prior to the expiration of the period described in paragraph
(1)(A), the Secretary may extend such period if the qualified
issuer establishes that the failure to satisfy the 5-year
requirement is due to reasonable cause and the related
projects will continue to proceed with due diligence.
``(3) Failure to spend required amount of bond proceeds
within 5 years.--To the extent that less than 95 percent of
the proceeds of such issue are expended by the close of the
5-year period beginning on the date of issuance (or if an
extension has been obtained under paragraph (2), by the close
of the extended period), the qualified issuer shall redeem
all of the nonqualified bonds within 90 days after the end of
such period. For purposes of this paragraph, the amount of
the nonqualified bonds required to be redeemed shall be
determined in the same manner as under section 142.
``(i) Special Rules Relating to Arbitrage.--A bond which is
part of an issue shall not be treated as a rural renaissance
bond unless, with respect to the issue of which the bond is a
part, the qualified issuer satisfies the arbitrage
requirements of section 148 with respect to proceeds of the
issue.
``(j) Definitions and Special Rules Relating to Issuers and
Borrowers.--For purposes of this section--
``(1) Qualified issuer.--The term `qualified issuer'
means--
``(A) a rural renaissance bond lender,
``(B) a cooperative electric company, or
``(C) a governmental body.
``(2) Qualified borrower.--The term `qualified borrower'
means--
``(A) a mutual or cooperative electric company described in
section 501(c)(12) or 1381(a)(2)(C), or
``(B) a governmental body.
``(3) Rural renaissance bond lender.--The term `rural
renaissance bond lender' means a lender which is a
cooperative which is owned by, or has outstanding loans to,
100 or more cooperative electric companies and is in
existence on February 1, 2002, and shall include any
affiliated entity which is controlled by such lender.
``(4) Cooperative electric company.--The term `cooperative
electric company' means a mutual or cooperative electric
company described in section 501(c)(12) or section
1381(a)(2)(C), or a not-for-profit electric utility which has
received a loan or loan guarantee under the Rural
Electrification Act.
``(5) Governmental body.--The term `governmental body'
means any State, territory, possession of the United States,
the District of Columbia, Indian tribal government, and any
political subdivision thereof.
``(k) Special Rules Relating to Pool Bonds.--No portion of
a pooled financing bond may be allocable to loan unless the
borrower has entered into a written loan commitment for such
portion prior to the issue date of such issue.
``(l) Other Definitions and Special Rules.--For purposes of
this section--
``(1) Bond.--The term `bond' includes any obligation.
``(2) Pooled financing bond.--The term `pooled financing
bond' shall have the meaning given such term by section
149(f)(4)(A).
``(3) Rural area.--The term `rural area' shall have the
meaning given such term by section 1393(a)(2).
``(4) Partnership; s corporation; and other pass-thru
entities.--
``(A) In general.--Under regulations prescribed by the
Secretary, in the case of a partnership, trust, S
corporation, or other pass-thru entity, rules similar to the
rules of section 41(g) shall apply with respect to the credit
allowable under subsection (a).
``(B) No basis adjustment.--In the case of a bond held by a
partnership or an S corporation, rules similar to the rules
under section 1397E(i) shall apply.
``(5) Bonds held by regulated investment companies.--If any
rural renaissance bond is held by a regulated investment
company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(6) Reporting.--Issuers of rural renaissance bonds shall
submit reports similar to the reports required under section
149(e).
``(7) Termination.--This section shall not apply with
respect to any bond issued after December 31, 2008.''.
(b) Reporting.--Subsection (d) of section 6049 (relating to
returns regarding payments of interest), as amended by this
Act, is amended by adding at the end the following new
paragraph:
``(10) Reporting of credit on rural renaissance bonds.--
``(A) In general.--For purposes of subsection (a), the term
`interest' includes amounts includible in gross income under
section 54B(g) and such amounts shall be treated as paid on
the credit allowance date (as defined in section 54B(b)(4)).
``(B) Reporting to corporations, etc.--Except as otherwise
provided in regulations, in the case of any interest
described in subparagraph (A), subsection (b)(4) shall be
applied without regard to subparagraphs (A), (H), (I), (J),
(K), and (L)(i) of such subsection.
``(C) Regulatory authority.--The Secretary may prescribe
such regulations as are necessary or appropriate to carry out
the purposes of this paragraph, including regulations which
require more frequent or more detailed reporting.''.
(c) Conforming Amendments.--
(1) The table of sections for subpart H of part IV of
subchapter A of chapter 1, as amended by this Act, is amended
by adding at the end the following new item:
``Sec. 54B. Credit to holders of rural renaissance bonds.''.
(2) Section 54(c)(2), as amended by this Act, is amended by
inserting ``section 54B,'' after ``section 54A,''.
(3) Section 54A(c)(2), as added by this Act, is amended by
inserting ``section 54B,'' after ``subpart C,''.
(d) Issuance of Regulations.--The Secretary of Treasury
shall issue regulations required under section 54B of the
Internal Revenue Code of 1986 (as added by this section) not
later than 120 days after the date of the enactment of this
Act.
(e) Effective Date.--The amendments made by this section
shall apply to bonds issued after the date of the enactment
of this Act.
Subtitle B--Revenue Raising Provisions
SEC. 881. DENIAL OF DEDUCTION FOR MAJOR INTEGRATED OIL
COMPANIES FOR INCOME ATTRIBUTABLE TO DOMESTIC
PRODUCTION OF OIL, NATURAL GAS, OR PRIMARY
PRODUCTS THEREOF.
(a) In General.--Subparagraph (B) of section 199(c)(4) of
the Internal Revenue Code of 1986 (relating to exceptions) is
amended by striking ``or'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
``, or'', and by inserting after clause (iii) the following
new clause:
``(iv) in the case of any major integrated oil company (as
defined in section 167(h)(5)(B)), the production, refining,
processing, transportation, or distribution of oil, natural
gas, or any primary product thereof during any taxable year
described in section 167(h)(5)(B).''.
(b) Primary Product.--Section 199(c)(4)(B) of such Code is
amended by adding at the end the following flush sentence:
``For purposes of clause (iv), the term `primary product' has
the same meaning as when used in section 927(a)(2)(C), as in
effect before its repeal.''.
(c) Conforming Amendments.--Section 199(c)(4) of such Code
is amended--
(1) in subparagraph (A)(i)(III) by striking ``electricity,
natural gas,'' and inserting ``electricity'', and
(2) in subparagraph (B)(ii) by striking ``electricity,
natural gas,'' and inserting ``electricity''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
[[Page 16413]]
SEC. 882. ELIMINATION OF THE DIFFERENT TREATMENT OF FOREIGN
OIL AND GAS EXTRACTION INCOME AND FOREIGN OIL
RELATED INCOME FOR PURPOSES OF THE FOREIGN TAX
CREDIT.
(a) In General.--Subsections (a) and (b) of section 907
(relating to special rules in case of foreign oil and gas
income) are amended to read as follows:
``(a) Reduction in Amount Allowed as Foreign Tax Under
Section 901.--In applying section 901, the amount of any
foreign oil and gas taxes paid or accrued (or deemed to have
been paid) during the taxable year which would (but for this
subsection) be taken into account for purposes of section 901
shall be reduced by the amount (if any) by which the amount
of such taxes exceeds the product of--
``(1) the amount of the combined foreign oil and gas income
for the taxable year,
``(2) multiplied by--
``(A) in the case of a corporation, the percentage which is
equal to the highest rate of tax specified under section
11(b), or
``(B) in the case of an individual, a fraction the
numerator of which is the tax against which the credit under
section 901(a) is taken and the denominator of which is the
taxpayer's entire taxable income.
``(b) Combined Foreign Oil and Gas Income; Foreign Oil and
Gas Taxes.--For purposes of this section--
``(1) Combined foreign oil and gas income.--The term
`combined foreign oil and gas income' means, with respect to
any taxable year, the sum of--
``(A) foreign oil and gas extraction income, and
``(B) foreign oil related income.
``(2) Foreign oil and gas taxes.--The term `foreign oil and
gas taxes' means, with respect to any taxable year, the sum
of--
``(A) oil and gas extraction taxes, and
``(B) any income, war profits, and excess profits taxes
paid or accrued (or deemed to have been paid or accrued under
section 902 or 960) during the taxable year with respect to
foreign oil related income (determined without regard to
subsection (c)(4)) or loss which would be taken into account
for purposes of section 901 without regard to this
section.''.
(b) Recapture of Foreign Oil and Gas Losses.--Paragraph (4)
of section 907(c) (relating to recapture of foreign oil and
gas extraction losses by recharacterizing later extraction
income) is amended to read as follows:
``(4) Recapture of foreign oil and gas losses by
recharacterizing later combined foreign oil and gas income.--
``(A) In general.--The combined foreign oil and gas income
of a taxpayer for a taxable year (determined without regard
to this paragraph) shall be reduced--
``(i) first by the amount determined under subparagraph
(B), and
``(ii) then by the amount determined under subparagraph
(C).
The aggregate amount of such reductions shall be treated as
income (from sources without the United States) which is not
combined foreign oil and gas income.
``(B) Reduction for pre-2008 foreign oil extraction
losses.--The reduction under this paragraph shall be equal to
the lesser of--
``(i) the foreign oil and gas extraction income of the
taxpayer for the taxable year (determined without regard to
this paragraph), or
``(ii) the excess of--
``(I) the aggregate amount of foreign oil extraction losses
for preceding taxable years beginning after December 31,
1982, and before January 1, 2008, over
``(II) so much of such aggregate amount as was
recharacterized under this paragraph (as in effect before and
after the date of the enactment of the Energy Advancement and
Investment Act of 2007) for preceding taxable years beginning
after December 31, 1982.
``(C) Reduction for post-2007 foreign oil and gas losses.--
The reduction under this paragraph shall be equal to the
lesser of--
``(i) the combined foreign oil and gas income of the
taxpayer for the taxable year (determined without regard to
this paragraph), reduced by an amount equal to the reduction
under subparagraph (A) for the taxable year, or
``(ii) the excess of--
``(I) the aggregate amount of foreign oil and gas losses
for preceding taxable years beginning after December 31,
2007, over
``(II) so much of such aggregate amount as was
recharacterized under this paragraph for preceding taxable
years beginning after December 31, 2007.
``(D) Foreign oil and gas loss defined.--
``(i) In general.--For purposes of this paragraph, the term
`foreign oil and gas loss' means the amount by which--
``(I) the gross income for the taxable year from sources
without the United States and its possessions (whether or not
the taxpayer chooses the benefits of this subpart for such
taxable year) taken into account in determining the combined
foreign oil and gas income for such year, is exceeded by
``(II) the sum of the deductions properly apportioned or
allocated thereto.
``(ii) Net operating loss deduction not taken into
account.--For purposes of clause (i), the net operating loss
deduction allowable for the taxable year under section 172(a)
shall not be taken into account.
``(iii) Expropriation and casualty losses not taken into
account.--For purposes of clause (i), there shall not be
taken into account--
``(I) any foreign expropriation loss (as defined in section
172(h) (as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1990)) for the
taxable year, or
``(II) any loss for the taxable year which arises from
fire, storm, shipwreck, or other casualty, or from theft,
to the extent such loss is not compensated for by insurance
or otherwise.
``(iv) Foreign oil extraction loss.--For purposes of
subparagraph (B)(ii)(I), foreign oil extraction losses shall
be determined under this paragraph as in effect on the day
before the date of the enactment of the Energy Advancement
and Investment Act of 2007.''.
(c) Carryback and Carryover of Disallowed Credits.--Section
907(f) (relating to carryback and carryover of disallowed
credits) is amended--
(1) by striking ``oil and gas extraction taxes'' each place
it appears and inserting ``foreign oil and gas taxes'', and
(2) by adding at the end the following new paragraph:
``(4) Transition rules for pre-2008 and 2008 disallowed
credits.--
``(A) Pre-2008 credits.--In the case of any unused credit
year beginning before January 1, 2008, this subsection shall
be applied to any unused oil and gas extraction taxes carried
from such unused credit year to a year beginning after
December 31, 2007--
``(i) by substituting `oil and gas extraction taxes' for
`foreign oil and gas taxes' each place it appears in
paragraphs (1), (2), and (3), and
``(ii) by computing, for purposes of paragraph (2)(A), the
limitation under subparagraph (A) for the year to which such
taxes are carried by substituting `foreign oil and gas
extraction income' for `foreign oil and gas income' in
subsection (a).
``(B) 2008 credits.--In the case of any unused credit year
beginning in 2008, the amendments made to this subsection by
the Energy Advancement and Investment Act of 2007 shall be
treated as being in effect for any preceding year beginning
before January 1, 2008, solely for purposes of determining
how much of the unused foreign oil and gas taxes for such
unused credit year may be deemed paid or accrued in such
preceding year.''.
(d) Conforming Amendment.--Section 6501(i) is amended by
striking ``oil and gas extraction taxes'' and inserting
``foreign oil and gas taxes''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
SEC. 883. INCREASE AND EXTENSION OF OIL SPILL LIABILITY TRUST
FUND TAX.
(a) Increase in Rate.--
(1) In general.--Section 4611(c)(2)(B) (relating to rates)
is amended by striking ``5 cents'' and inserting ``10
cents''.
(2) Effective date.--The amendment made by this subsection
shall apply on and after the first day of the first calendar
quarter beginning more than 60 days after the date of the
enactment of this Act.
(b) Extension.--
(1) In general.--Section 4611(f) (relating to application
of Oil Spill Liability Trust Fund financing rate) is amended
by striking paragraphs (2) and (3) and inserting the
following new paragraph:
``(2) Termination.--The Oil Spill Liability Trust Fund
financing rate shall not apply after December 31, 2017.''.
(2) Conforming amendment.--Section 4611(f)(1) is amended by
striking ``paragraphs (2) and (3)'' and inserting ``paragraph
(2)''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
SEC. 884. LIMITATION ON DRAWBACK CLAIMED FOR AMOUNTS
DEPOSITED INTO THE OIL SPILL LIABILITY TRUST
FUND.
Section 313(j) of the Tariff Act of 1930 (19 U.S. C.
1313(j)) is amended by adding at the end the following new
paragraph:
``(5) Limitation on certain drawbacks.--Any tax or fee
imposed under section 4611 of the Internal Revenue Code of
1986 for deposit in the Oil Spill Liability Trust Fund
pursuant to section 9509 of such Code shall not be eligible
for refund as drawback under this section.''.
SEC. 885. TAX ON CRUDE OIL AND NATURAL GAS PRODUCED FROM THE
OUTER CONTINENTAL SHELF IN THE GULF OF MEXICO.
(a) In General.--Subtitle E (relating to alcohol, tobacco,
and certain other excise taxes) is amended by adding at the
end the following new chapter:
``CHAPTER 56--TAX ON SEVERANCE OF CRUDE OIL AND NATURAL GAS FROM THE
OUTER CONTINENTAL SHELF IN THE GULF OF MEXICO
``Sec. 5896. Imposition of tax.
``Sec. 5897. Taxable crude oil or natural gas and removal price.
``Sec. 5898. Special rules and definitions.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed
under this title, there is hereby
[[Page 16414]]
imposed a tax equal to 13 percent of the removal price of any
taxable crude oil or natural gas removed from the premises
during any taxable period.
``(b) Credit for Federal Royalties Paid.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by subsection (a) with respect to the
production of any taxable crude oil or natural gas an amount
equal to the aggregate amount of royalties paid under Federal
law with respect to such production.
``(2) Limitation.--The aggregate amount of credits allowed
under paragraph (1) to any taxpayer for any taxable period
shall not exceed the amount of tax imposed by subsection (a)
for such taxable period.
``(c) Tax Paid by Producer.--The tax imposed by this
section shall be paid by the producer of the taxable crude
oil or natural gas.
``SEC. 5897. TAXABLE CRUDE OIL OR NATURAL GAS AND REMOVAL
PRICE.
``(a) Taxable Crude Oil or Natural Gas.--For purposes of
this chapter, the term `taxable crude oil or natural gas'
means crude oil or natural gas which is produced from Federal
submerged lands on the outer Continental Shelf in the Gulf of
Mexico pursuant to a lease entered into with the United
States which authorizes the production.
``(b) Removal Price.--For purposes of this chapter--
``(1) In general.--Except as otherwise provided in this
subsection, the term `removal price' means--
``(A) in the case of taxable crude oil, the amount for
which a barrel of such crude oil is sold, and
``(B) in the case of taxable natural gas, the amount per
1,000 cubic feet for which such natural gas is sold.
``(2) Sales between related persons.--In the case of a sale
between related persons, the removal price shall not be less
than the constructive sales price for purposes of determining
gross income from the property under section 613.
``(3) Oil or gas removed from property before sale.--If
crude oil or natural gas is removed from the property before
it is sold, the removal price shall be the constructive sales
price for purposes of determining gross income from the
property under section 613.
``(4) Refining begun on property.--If the manufacture or
conversion of crude oil into refined products begins before
such oil is removed from the property--
``(A) such oil shall be treated as removed on the day such
manufacture or conversion begins, and
``(B) the removal price shall be the constructive sales
price for purposes of determining gross income from the
property under section 613.
``(5) Property.--The term `property' has the meaning given
such term by section 614.
``SEC. 5898. SPECIAL RULES AND DEFINITIONS.
``(a) Administrative Requirements.--
``(1) Withholding and deposit of tax.--The Secretary shall
provide for the withholding and deposit of the tax imposed
under section 5896 on a quarterly basis.
``(2) Records and information.--Each taxpayer liable for
tax under section 5896 shall keep such records, make such
returns, and furnish such information (to the Secretary and
to other persons having an interest in the taxable crude oil
or natural gas) with respect to such oil as the Secretary may
by regulations prescribe.
``(3) Taxable periods; return of tax.--
``(A) Taxable period.--Except as provided by the Secretary,
each calendar year shall constitute a taxable period.
``(B) Returns.--The Secretary shall provide for the filing,
and the time for filing, of the return of the tax imposed
under section 5896.
``(b) Definitions.--For purposes of this chapter--
``(1) Producer.--The term `producer' means the holder of
the economic interest with respect to the crude oil or
natural gas.
``(2) Crude oil.--The term `crude oil' includes crude oil
condensates and natural gasoline.
``(3) Premises and crude oil product.--The terms `premises'
and `crude oil product' have the same meanings as when used
for purposes of determining gross income from the property
under section 613.
``(c) Adjustment of Removal Price.--In determining the
removal price of oil or natural gas from a property in the
case of any transaction, the Secretary may adjust the removal
price to reflect clearly the fair market value of oil or
natural gas removed.
``(d) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this chapter.''.
(b) Deductibility of Tax.--The first sentence of section
164(a) (relating to deduction for taxes) is amended by
inserting after paragraph (5) the following new paragraph:
``(6) The tax imposed by section 5896(a) (after application
of section 5896(b)) on the severance of crude oil or natural
gas from the outer Continental Shelf in the Gulf of
Mexico.''.
(c) Clerical Amendment.--The table of chapters for subtitle
E is amended by adding at the end the following new item:
``Chapter 56. Tax on severance of crude oil and natural gas from the
outer Continental Shelf in the Gulf of Mexico.''.
(d) Effective Date.--The amendments made by this section
shall apply to crude oil or natural gas removed after the
date of the enactment of this Act.
SEC. 886. TAXATION OF TAXABLE FUELS IN FOREIGN TRADE ZONES.
(a) Tax Imposed on Removals and Entries in Foreign Trade
Zones.--
(1) In general.--Subsection (a) of section 4083 (relating
to definitions) is amended by adding at the end the following
new paragraph:
``(4) United states.--The term `United States' includes any
foreign trade zone or bonded warehouse located in the United
States.''.
(2) Conforming amendment.--Section 4081(a)(1)(A) (relating
to imposition of tax) is amended--
(A) in clause (i), by inserting ``in the United States''
after ``refinery''; and
(B) in clause (ii), by inserting ``in the United States''
after ``terminal''.
(b) Treatment of Taxable Fuel in Foreign Trade Zones.--
Paragraph (2) of section 81c(a) of title 19, United States
Code, is amended by inserting ``(other than the provisions
relating to taxable fuel (as defined under section 4083(a) of
the Internal Revenue Code of 1986))'' after ``thereunder''.
(c) Effective Dates.--
(1) Subsection (a).--The amendments made by subsection (a)
shall apply to removals and entries after December 31, 2007.
(2) Subsection (b).--The amendment made by subsection (b)
shall take effect on January 1, 2008.
SEC. 887. CLARIFICATION OF PENALTY FOR SALE OF FUEL FAILING
TO MEET EPA REGULATIONS.
(a) In General.--Subsection (a) of section 6720A (relating
to penalty with respect to certain adulterated fuels) is
amended by striking ``applicable EPA regulations (as defined
in section 45H(c)(3))'' and inserting ``the requirements for
diesel fuel under section 211 of the Clean Air Act, as
determined by the Secretary,''.
(b) Effective Date.--The amendments made by this section
shall apply to any transfer, sale, or holding out for sale or
resale occurring after the date of the enactment of this Act.
SEC. 888. CLARIFICATION OF ELIGIBILITY FOR CERTAIN FUELS
CREDITS FOR FUEL WITH INSUFFICIENT NEXUS TO THE
UNITED STATES.
(a) In General.--
(1) Alcohol credit.--Subsection (d) of section 40 is
amended by adding at the end the following new paragraph:
``(6) Limitation to alcohol with connection to the united
states.--
``(A) Alcohol credit.--No alcohol credit shall be
determined under this section with respect to any alcohol
unless such alcohol is produced in the United States for
consumption in the United States or entered into the United
States for consumption in the United States.
``(B) Alcohol mixture credit.--No alcohol mixture credit
shall be determined under this section with respect to any
mixture unless such mixture is produced in the United States
for consumption in the United States or entered into the
United States for consumption in the United States.
``(C) No credits for alcohol destined for export.--No
credit (other than the small ethanol producer credit) shall
be determined under this section with respect to any mixture
or alcohol if such mixture or alcohol is destined for export
from the United States (as determined by the Secretary).
``(D) Special rule for small producer credits.--No small
ethanol producer credit, small cellulosic alcohol producer
credit, or small fossil free alcohol producer credit shall be
determined under this section with respect to any alcohol
unless such alcohol is produced in the United States.''.
(2) Biodiesel credit.--Subsection (d) of section 40A is
amended by adding at the end the following new paragraph:
``(5) Limitation to biodiesel with connection to the united
states.--
``(A) Biodiesel credit.--No biodiesel credit shall be
determined under this section with respect to any biodiesel
unless such biodiesel is produced in the United States for
consumption in the United States or is entered into the
United States for consumption in the United States.
``(B) Biodiesel mixture credit.--No biodiesel mixture
credit shall be determined under this section with respect to
any mixture unless such mixture is produced in the United
States for consumption in the United States or is entered
into the United States for consumption in the United States.
``(C) No credits for biodiesel destined for export.--No
credit (other than the small agri-biodiesel producer credit)
shall be determined under this section with respect to any
mixture or biodiesel if such mixture or biodiesel is destined
for export from the United States (as determined by the
Secretary).
``(D) Special rule for small agri-biodiesel producer
credit.--No small agri-biodiesel producer credit shall be
determined under this section with respect to any agri-
[[Page 16415]]
biodiesel unless such agri-biodiesel is produced in the
United States.''.
(3) Excise tax credits.--Section 6426, as amended by
section 833, is amended by adding at the end the following
new subsection:
``(i) Limitation to Fuels With Connection to the United
States.--
``(1) Mixture credits.--No credit shall be determined under
this section with respect to any mixture unless such mixture
is produced in the United States for consumption in the
United States or is entered into the United States for
consumption in the United States.
``(2) Alternative fuel credit.--No alternative fuel credit
shall be determined under this section with respect to any
alternative fuel unless such alternative fuel is produced in
the United States for consumption in the United States or is
entered into the United States for consumption in the United
States.
``(3) No credits for fuels destined for export.--No credit
shall be determined under this section with respect to any
mixture or alternative fuel if such mixture or alternative
fuel is destined for export from the United States (as
determined by the Secretary).''.
(4) Payments.--Subsection (e) of section 6427 is amended by
redesignating paragraph (5), as amended by this Act, as
paragraph (6) and by inserting after paragraph (4) the
following new paragraph:
``(5) Limitation to fuels with connection to the united
states.--No amount shall be payable under paragraph (1) or
(2) with respect to any mixture or alternative fuel if credit
is not allowed with respect to such mixture or alternative
fuel by reason of section 6426(i).''.
(b) Effective Date.--The amendments made by this section
shall apply to fuel sold or used after the date of the
enactment of this Act.
SEC. 889. TREATMENT OF QUALIFIED ALCOHOL FUEL MIXTURES AND
QUALIFIED BIODIESEL FUEL MIXTURES AS TAXABLE
FUELS.
(a) In General.--Subparagraph (A) of section 4083(a)(3)
(relating to diesel fuel) is amended by striking ``and'' at
the end of clause (ii), by redesignating clause (iii) as
clause (v), and inserting after clause (ii) the following new
clauses:
``(iii) any qualified mixture (as defined in section
40(b)(1)(B)) which is a mixture of alcohol and special fuel,
``(iv) any qualified biodiesel mixture (as defined in
section 40A(b)(1)(B)), and''.
(b) Effective Date.--The amendments made by this section
shall apply to fuels removed, entered, or sold after December
31, 2007.
SEC. 890. CALCULATION OF VOLUME OF ALCOHOL FOR FUEL CREDITS.
(a) In General.--Paragraph (4) of section 40(d) (relating
to volume of alcohol) is amended by striking ``the volume of
alcohol'' and all that follows and inserting ``the volume of
alcohol shall not include any denaturant added to such
alcohol.''.
(b) Effective Date.--The amendment made by this section
shall apply to fuel sold or used after December 31, 2007.
SEC. 891. BULK TRANSFER EXCEPTION NOT TO APPLY TO FINISHED
GASOLINE.
(a) In General.--Subparagraph (B) of section 4081(a)(1)
(relating to tax on removal, entry, or sale) is amended by
adding at the end the following new clause:
``(iii) Exception for finished gasoline.--Clause (i) shall
not apply to any gasoline which meets the requirements for
gasoline under section 211 of the Clean Air Act.''.
(b) Exception to Tax on Finished Gasoline for Prior Taxable
Removals.--Paragraph (1) of section 4081(a) is amended by
adding at the end the following new subparagraph:
``(C) Exemption for previously taxed finished gasoline.--
The tax imposed by this paragraph shall not apply to the
removal of gasoline described in subparagraph (B)(iii) from
any terminal if there was a prior taxable removal or entry of
such fuel under clause (i), (ii), or (iii) of subparagraph
(A). The preceding sentence shall not apply to the volume of
any product added to such gasoline at the terminal unless
there was a prior taxable removal or entry of such product
under clause (i), (ii), or (iii) of subparagraph (A).''.
(c) Effective Date.--The amendment made by this section
shall apply to fuel removed, entered, or sold after December
31, 2007.
SEC. 892. APPLICATION OF RULES TREATING INVERTED CORPORATIONS
AS DOMESTIC CORPORATIONS TO CERTAIN
TRANSACTIONS OCCURRING AFTER MARCH 20, 2002.
(a) In General.--Section 7874(b) (relating to inverted
corporations treated as domestic corporations) is amended to
read as follows:
``(b) Inverted Corporations Treated as Domestic
Corporations.--
``(1) In general.--Notwithstanding section 7701(a)(4), a
foreign corporation shall be treated for purposes of this
title as a domestic corporation if such corporation would be
a surrogate foreign corporation if subsection (a)(2) were
applied by substituting `80 percent' for `60 percent'.
``(2) Special rule for certain transactions occurring after
march 20, 2002.--
``(A) In general.--If--
``(i) paragraph (1) does not apply to a foreign
corporation, but
``(ii) paragraph (1) would apply to such corporation if, in
addition to the substitution under paragraph (1), subsection
(a)(2) were applied by substituting `March 20, 2002' for
`March 4, 2003' each place it appears,
then paragraph (1) shall apply to such corporation but only
with respect to taxable years of such corporation beginning
after December 31, 2006.
``(B) Special rules.--Subject to such rules as the
Secretary may prescribe, in the case of a corporation to
which paragraph (1) applies by reason of this paragraph--
``(i) the corporation shall be treated, as of the close of
its last taxable year beginning before January 1, 2007, as
having transferred all of its assets, liabilities, and
earnings and profits to a domestic corporation in a
transaction with respect to which no tax is imposed under
this title,
``(ii) the bases of the assets transferred in the
transaction to the domestic corporation shall be the same as
the bases of the assets in the hands of the foreign
corporation, subject to any adjustments under this title for
built-in losses,
``(iii) the basis of the stock of any shareholder in the
domestic corporation shall be the same as the basis of the
stock of the shareholder in the foreign corporation for which
it is treated as exchanged, and
``(iv) the transfer of any earnings and profits by reason
of clause (i) shall be disregarded in determining any deemed
dividend or foreign tax creditable to the domestic
corporation with respect to such transfer.
``(C) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this paragraph, including regulations to prevent the
avoidance of the purposes of this paragraph.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2006.
SEC. 893. MODIFICATION OF EFFECTIVE DATE OF LEASING
PROVISIONS OF THE AMERICAN JOBS CREATION ACT OF
2004.
(a) Leases to Foreign Entities.--Section 849(b) of the
American Jobs Creation Act of 2004 is amended by adding at
the end the following new paragraph:
``(5) Leases to foreign entities.--In the case of tax-
exempt use property leased to a tax-exempt entity which is a
foreign person or entity, the amendments made by this part
shall apply to taxable years beginning after December 31,
2006, with respect to leases entered into on or before March
12, 2004.''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the enactment of the
American Jobs Creation Act of 2004.
SEC. 894. REVISION OF TAX RULES ON EXPATRIATION OF
INDIVIDUALS.
(a) In General.--Subpart A of part II of subchapter N of
chapter 1 is amended by inserting after section 877 the
following new section:
``SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIATION.
``(a) General Rules.--For purposes of this subtitle--
``(1) Mark to market.--Except as provided in subsections
(d) and (f), all property of a covered expatriate to whom
this section applies shall be treated as sold on the day
before the expatriation date for its fair market value.
``(2) Recognition of gain or loss.--In the case of any sale
under paragraph (1)--
``(A) notwithstanding any other provision of this title,
any gain arising from such sale shall be taken into account
for the taxable year of the sale, and
``(B) any loss arising from such sale shall be taken into
account for the taxable year of the sale to the extent
otherwise provided by this title, except that section 1091
shall not apply to any such loss.
Proper adjustment shall be made in the amount of any gain or
loss subsequently realized for gain or loss taken into
account under the preceding sentence.
``(3) Exclusion for certain gain.--
``(A) In general.--The amount which, but for this
paragraph, would be includible in the gross income of any
individual by reason of this section shall be reduced (but
not below zero) by $600,000. For purposes of this paragraph,
allocable expatriation gain taken into account under
subsection (f)(2) shall be treated in the same manner as an
amount required to be includible in gross income.
``(B) Cost-of-living adjustment.--
``(i) In general.--In the case of an expatriation date
occurring in any calendar year after 2007, the $600,000
amount under subparagraph (A) shall be increased by an amount
equal to--
``(I) such dollar amount, multiplied by
``(II) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year, determined by
substituting `calendar year 2006' for `calendar year 1992' in
subparagraph (B) thereof.
``(ii) Rounding rules.--If any amount after adjustment
under clause (i) is not a multiple of $1,000, such amount
shall be rounded to the next lower multiple of $1,000.
``(4) Election to continue to be taxed as united states
citizen.--
``(A) In general.--If a covered expatriate elects the
application of this paragraph--
[[Page 16416]]
``(i) this section (other than this paragraph and
subsection (i)) shall not apply to the expatriate, but
``(ii) in the case of property to which this section would
apply but for such election, the expatriate shall be subject
to tax under this title in the same manner as if the
individual were a United States citizen.
``(B) Requirements.--Subparagraph (A) shall not apply to an
individual unless the individual--
``(i) provides security for payment of tax in such form and
manner, and in such amount, as the Secretary may require,
``(ii) consents to the waiver of any right of the
individual under any treaty of the United States which would
preclude assessment or collection of any tax which may be
imposed by reason of this paragraph, and
``(iii) complies with such other requirements as the
Secretary may prescribe.
``(C) Election.--An election under subparagraph (A) shall
apply to all property to which this section would apply but
for the election and, once made, shall be irrevocable. Such
election shall also apply to property the basis of which is
determined in whole or in part by reference to the property
with respect to which the election was made.
``(b) Election To Defer Tax.--
``(1) In general.--If the taxpayer elects the application
of this subsection with respect to any property treated as
sold by reason of subsection (a), the payment of the
additional tax attributable to such property shall be
postponed until the due date of the return for the taxable
year in which such property is disposed of (or, in the case
of property disposed of in a transaction in which gain is not
recognized in whole or in part, until such other date as the
Secretary may prescribe).
``(2) Determination of tax with respect to property.--For
purposes of paragraph (1), the additional tax attributable to
any property is an amount which bears the same ratio to the
additional tax imposed by this chapter for the taxable year
solely by reason of subsection (a) as the gain taken into
account under subsection (a) with respect to such property
bears to the total gain taken into account under subsection
(a) with respect to all property to which subsection (a)
applies.
``(3) Termination of postponement.--No tax may be postponed
under this subsection later than the due date for the return
of tax imposed by this chapter for the taxable year which
includes the date of death of the expatriate (or, if earlier,
the time that the security provided with respect to the
property fails to meet the requirements of paragraph (4),
unless the taxpayer corrects such failure within the time
specified by the Secretary).
``(4) Security.--
``(A) In general.--No election may be made under paragraph
(1) with respect to any property unless adequate security is
provided to the Secretary with respect to such property.
``(B) Adequate security.--For purposes of subparagraph (A),
security with respect to any property shall be treated as
adequate security if--
``(i) it is a bond in an amount equal to the deferred tax
amount under paragraph (2) for the property, or
``(ii) the taxpayer otherwise establishes to the
satisfaction of the Secretary that the security is adequate.
``(5) Waiver of certain rights.--No election may be made
under paragraph (1) unless the taxpayer consents to the
waiver of any right under any treaty of the United States
which would preclude assessment or collection of any tax
imposed by reason of this section.
``(6) Elections.--An election under paragraph (1) shall
only apply to property described in the election and, once
made, is irrevocable. An election may be made under paragraph
(1) with respect to an interest in a trust with respect to
which gain is required to be recognized under subsection
(f)(1).
``(7) Interest.--For purposes of section 6601--
``(A) the last date for the payment of tax shall be
determined without regard to the election under this
subsection, and
``(B) section 6621(a)(2) shall be applied by substituting
`5 percentage points' for `3 percentage points' in
subparagraph (B) thereof.
``(c) Covered Expatriate.--For purposes of this section--
``(1) In general.--Except as provided in paragraph (2), the
term `covered expatriate' means an expatriate.
``(2) Exceptions.--An individual shall not be treated as a
covered expatriate if--
``(A) the individual--
``(i) became at birth a citizen of the United States and a
citizen of another country and, as of the expatriation date,
continues to be a citizen of, and is taxed as a resident of,
such other country, and
``(ii) has not been a resident of the United States (as
defined in section 7701(b)(1)(A)(ii)) during the 5 taxable
years ending with the taxable year during which the
expatriation date occurs, or
``(B)(i) the individual's relinquishment of United States
citizenship occurs before such individual attains age 18\1/
2\, and
``(ii) the individual has been a resident of the United
States (as so defined) for not more than 5 taxable years
before the date of relinquishment.
``(d) Exempt Property; Special Rules for Pension Plans.--
``(1) Exempt property.--This section shall not apply to the
following:
``(A) United states real property interests.--Any United
States real property interest (as defined in section
897(c)(1)), other than stock of a United States real property
holding corporation which does not, on the day before the
expatriation date, meet the requirements of section
897(c)(2).
``(B) Specified property.--Any property or interest in
property not described in subparagraph (A) which the
Secretary specifies in regulations.
``(2) Special rules for certain retirement plans.--
``(A) In general.--If a covered expatriate holds on the day
before the expatriation date any interest in a retirement
plan to which this paragraph applies--
``(i) such interest shall not be treated as sold for
purposes of subsection (a)(1), but
``(ii) an amount equal to the present value of the
expatriate's nonforfeitable accrued benefit shall be treated
as having been received by such individual on such date as a
distribution under the plan.
``(B) Treatment of subsequent distributions.--In the case
of any distribution on or after the expatriation date to or
on behalf of the covered expatriate from a plan from which
the expatriate was treated as receiving a distribution under
subparagraph (A), the amount otherwise includible in gross
income by reason of the subsequent distribution shall be
reduced by the excess of the amount includible in gross
income under subparagraph (A) over any portion of such amount
to which this subparagraph previously applied.
``(C) Treatment of subsequent distributions by plan.--For
purposes of this title, a retirement plan to which this
paragraph applies, and any person acting on the plan's
behalf, shall treat any subsequent distribution described in
subparagraph (B) in the same manner as such distribution
would be treated without regard to this paragraph.
``(D) Applicable plans.--This paragraph shall apply to--
``(i) any qualified retirement plan (as defined in section
4974(c)),
``(ii) an eligible deferred compensation plan (as defined
in section 457(b)) of an eligible employer described in
section 457(e)(1)(A), and
``(iii) to the extent provided in regulations, any foreign
pension plan or similar retirement arrangements or programs.
``(e) Definitions.--For purposes of this section--
``(1) Expatriate.--The term `expatriate' means--
``(A) any United States citizen who relinquishes
citizenship, and
``(B) any long-term resident of the United States who--
``(i) ceases to be a lawful permanent resident of the
United States (within the meaning of section 7701(b)(6)), or
``(ii) commences to be treated as a resident of a foreign
country under the provisions of a tax treaty between the
United States and the foreign country and who does not waive
the benefits of such treaty applicable to residents of the
foreign country.
``(2) Expatriation date.--The term `expatriation date'
means--
``(A) the date an individual relinquishes United States
citizenship, or
``(B) in the case of a long-term resident of the United
States, the date of the event described in clause (i) or (ii)
of paragraph (1)(B).
``(3) Relinquishment of citizenship.--A citizen shall be
treated as relinquishing United States citizenship on the
earliest of--
``(A) the date the individual renounces such individual's
United States nationality before a diplomatic or consular
officer of the United States pursuant to paragraph (5) of
section 349(a) of the Immigration and Nationality Act (8
U.S.C. 1481(a)(5)),
``(B) the date the individual furnishes to the United
States Department of State a signed statement of voluntary
relinquishment of United States nationality confirming the
performance of an act of expatriation specified in paragraph
(1), (2), (3), or (4) of section 349(a) of the Immigration
and Nationality Act (8 U.S.C. 1481(a)(1)-(4)),
``(C) the date the United States Department of State issues
to the individual a certificate of loss of nationality, or
``(D) the date a court of the United States cancels a
naturalized citizen's certificate of naturalization.
Subparagraph (A) or (B) shall not apply to any individual
unless the renunciation or voluntary relinquishment is
subsequently approved by the issuance to the individual of a
certificate of loss of nationality by the United States
Department of State.
``(4) Long-term resident.--The term `long-term resident'
has the meaning given to such term by section 877(e)(2).
``(f) Special Rules Applicable to Beneficiaries' Interests
in Trust.--
``(1) In general.--Except as provided in paragraph (2), if
an individual is determined under paragraph (3) to hold an
interest in a trust on the day before the expatriation date--
``(A) the individual shall not be treated as having sold
such interest,
``(B) such interest shall be treated as a separate share in
the trust, and
[[Page 16417]]
``(C)(i) such separate share shall be treated as a separate
trust consisting of the assets allocable to such share,
``(ii) the separate trust shall be treated as having sold
its assets on the day before the expatriation date for their
fair market value and as having distributed all of its assets
to the individual as of such time, and
``(iii) the individual shall be treated as having
recontributed the assets to the separate trust.
Subsection (a)(2) shall apply to any income, gain, or loss of
the individual arising from a distribution described in
subparagraph (C)(ii). In determining the amount of such
distribution, proper adjustments shall be made for
liabilities of the trust allocable to an individual's share
in the trust.
``(2) Special rules for interests in qualified trusts.--
``(A) In general.--If the trust interest described in
paragraph (1) is an interest in a qualified trust--
``(i) paragraph (1) and subsection (a) shall not apply, and
``(ii) in addition to any other tax imposed by this title,
there is hereby imposed on each distribution with respect to
such interest a tax in the amount determined under
subparagraph (B).
``(B) Amount of tax.--The amount of tax under subparagraph
(A)(ii) shall be equal to the lesser of--
``(i) the highest rate of tax imposed by section 1(e) for
the taxable year which includes the day before the
expatriation date, multiplied by the amount of the
distribution, or
``(ii) the balance in the deferred tax account immediately
before the distribution determined without regard to any
increases under subparagraph (C)(ii) after the 30th day
preceding the distribution.
``(C) Deferred tax account.--For purposes of subparagraph
(B)(ii)--
``(i) Opening balance.--The opening balance in a deferred
tax account with respect to any trust interest is an amount
equal to the tax which would have been imposed on the
allocable expatriation gain with respect to the trust
interest if such gain had been included in gross income under
subsection (a).
``(ii) Increase for interest.--The balance in the deferred
tax account shall be increased by the amount of interest
determined (on the balance in the account at the time the
interest accrues), for periods after the 90th day after the
expatriation date, by using the rates and method applicable
under section 6621 for underpayments of tax for such periods,
except that section 6621(a)(2) shall be applied by
substituting `5 percentage points' for `3 percentage points'
in subparagraph (B) thereof.
``(iii) Decrease for taxes previously paid.--The balance in
the tax deferred account shall be reduced--
``(I) by the amount of taxes imposed by subparagraph (A) on
any distribution to the person holding the trust interest,
and
``(II) in the case of a person holding a nonvested
interest, to the extent provided in regulations, by the
amount of taxes imposed by subparagraph (A) on distributions
from the trust with respect to nonvested interests not held
by such person.
``(D) Allocable expatriation gain.--For purposes of this
paragraph, the allocable expatriation gain with respect to
any beneficiary's interest in a trust is the amount of gain
which would be allocable to such beneficiary's vested and
nonvested interests in the trust if the beneficiary held
directly all assets allocable to such interests.
``(E) Tax deducted and withheld.--
``(i) In general.--The tax imposed by subparagraph (A)(ii)
shall be deducted and withheld by the trustees from the
distribution to which it relates.
``(ii) Exception where failure to waive treaty rights.--If
an amount may not be deducted and withheld under clause (i)
by reason of the distributee failing to waive any treaty
right with respect to such distribution--
``(I) the tax imposed by subparagraph (A)(ii) shall be
imposed on the trust and each trustee shall be personally
liable for the amount of such tax, and
``(II) any other beneficiary of the trust shall be entitled
to recover from the distributee the amount of such tax
imposed on the other beneficiary.
``(F) Disposition.--If a trust ceases to be a qualified
trust at any time, a covered expatriate disposes of an
interest in a qualified trust, or a covered expatriate
holding an interest in a qualified trust dies, then, in lieu
of the tax imposed by subparagraph (A)(ii), there is hereby
imposed a tax equal to the lesser of--
``(i) the tax determined under paragraph (1) as if the day
before the expatriation date were the date of such cessation,
disposition, or death, whichever is applicable, or
``(ii) the balance in the tax deferred account immediately
before such date.
Such tax shall be imposed on the trust and each trustee shall
be personally liable for the amount of such tax and any other
beneficiary of the trust shall be entitled to recover from
the covered expatriate or the estate the amount of such tax
imposed on the other beneficiary.
``(G) Definitions and special rules.--For purposes of this
paragraph--
``(i) Qualified trust.--The term `qualified trust' means a
trust which is described in section 7701(a)(30)(E).
``(ii) Vested interest.--The term `vested interest' means
any interest which, as of the day before the expatriation
date, is vested in the beneficiary.
``(iii) Nonvested interest.--The term `nonvested interest'
means, with respect to any beneficiary, any interest in a
trust which is not a vested interest. Such interest shall be
determined by assuming the maximum exercise of discretion in
favor of the beneficiary and the occurrence of all
contingencies in favor of the beneficiary.
``(iv) Adjustments.--The Secretary may provide for such
adjustments to the bases of assets in a trust or a deferred
tax account, and the timing of such adjustments, in order to
ensure that gain is taxed only once.
``(v) Coordination with retirement plan rules.--This
subsection shall not apply to an interest in a trust which is
part of a retirement plan to which subsection (d)(2) applies.
``(3) Determination of beneficiaries' interest in trust.--
``(A) Determinations under paragraph (1).--For purposes of
paragraph (1), a beneficiary's interest in a trust shall be
based upon all relevant facts and circumstances, including
the terms of the trust instrument and any letter of wishes or
similar document, historical patterns of trust distributions,
and the existence of and functions performed by a trust
protector or any similar adviser.
``(B) Other determinations.--For purposes of this section--
``(i) Constructive ownership.--If a beneficiary of a trust
is a corporation, partnership, trust, or estate, the
shareholders, partners, or beneficiaries shall be deemed to
be the trust beneficiaries for purposes of this section.
``(ii) Taxpayer return position.--A taxpayer shall clearly
indicate on its income tax return--
``(I) the methodology used to determine that taxpayer's
trust interest under this section, and
``(II) if the taxpayer knows (or has reason to know) that
any other beneficiary of such trust is using a different
methodology to determine such beneficiary's trust interest
under this section.
``(g) Termination of Deferrals, etc.--In the case of any
covered expatriate, notwithstanding any other provision of
this title--
``(1) any period during which recognition of income or gain
is deferred shall terminate on the day before the
expatriation date, and
``(2) any extension of time for payment of tax shall cease
to apply on the day before the expatriation date and the
unpaid portion of such tax shall be due and payable at the
time and in the manner prescribed by the Secretary.
``(h) Imposition of Tentative Tax.--
``(1) In general.--If an individual is required to include
any amount in gross income under subsection (a) for any
taxable year, there is hereby imposed, immediately before the
expatriation date, a tax in an amount equal to the amount of
tax which would be imposed if the taxable year were a short
taxable year ending on the expatriation date.
``(2) Due date.--The due date for any tax imposed by
paragraph (1) shall be the 90th day after the expatriation
date.
``(3) Treatment of tax.--Any tax paid under paragraph (1)
shall be treated as a payment of the tax imposed by this
chapter for the taxable year to which subsection (a) applies.
``(4) Deferral of tax.--The provisions of subsection (b)
shall apply to the tax imposed by this subsection to the
extent attributable to gain includible in gross income by
reason of this section.
``(i) Special Liens for Deferred Tax Amounts.--
``(1) Imposition of lien.--
``(A) In general.--If a covered expatriate makes an
election under subsection (a)(4) or (b) which results in the
deferral of any tax imposed by reason of subsection (a), the
deferred amount (including any interest, additional amount,
addition to tax, assessable penalty, and costs attributable
to the deferred amount) shall be a lien in favor of the
United States on all property of the expatriate located in
the United States (without regard to whether this section
applies to the property).
``(B) Deferred amount.--For purposes of this subsection,
the deferred amount is the amount of the increase in the
covered expatriate's income tax which, but for the election
under subsection (a)(4) or (b), would have occurred by reason
of this section for the taxable year including the
expatriation date.
``(2) Period of lien.--The lien imposed by this subsection
shall arise on the expatriation date and continue until--
``(A) the liability for tax by reason of this section is
satisfied or has become unenforceable by reason of lapse of
time, or
``(B) it is established to the satisfaction of the
Secretary that no further tax liability may arise by reason
of this section.
``(3) Certain rules apply.--The rules set forth in
paragraphs (1), (3), and (4) of section 6324A(d) shall apply
with respect to the lien imposed by this subsection as if it
were a lien imposed by section 6324A.
[[Page 16418]]
``(j) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
the purposes of this section.''.
(b) Inclusion in Income of Gifts and Bequests Received by
United States Citizens and Residents From Expatriates.--
Section 102 (relating to gifts, etc. not included in gross
income) is amended by adding at the end the following new
subsection:
``(d) Gifts and Inheritances From Covered Expatriates.--
``(1) Treatment of gifts and inheritances.--
``(A) In general.--Subsection (a) shall not exclude from
gross income the value of any property acquired by gift,
bequest, devise, or inheritance from a covered expatriate
after the expatriation date.
``(B) Determination of basis.--Notwithstanding sections
1015 or 1022, the basis of any property described in
subparagraph (A) in the hands of the donee or the person
acquiring such property from the decedent shall be equal to
the fair market value of the property at the time of the
gift, bequest, devise, or inheritance.
``(2) Exceptions for transfers otherwise subject to estate
or gift tax.--Paragraph (1) shall not apply to any property
if either--
``(A) the gift, bequest, devise, or inheritance is--
``(i) shown on a timely filed return of tax imposed by
chapter 12 as a taxable gift by the covered expatriate, or
``(ii) included in the gross estate of the covered
expatriate for purposes of chapter 11 and shown on a timely
filed return of tax imposed by chapter 11 of the estate of
the covered expatriate, or
``(B) no such return was timely filed but no such return
would have been required to be filed even if the covered
expatriate were a citizen or long-term resident of the United
States.
``(3) Definitions.--For purposes of this subsection, any
term used in this subsection which is also used in section
877A shall have the same meaning as when used in section
877A.''.
(c) Definition of Termination of United States
Citizenship.--Section 7701(a) is amended by adding at the end
the following new paragraph:
``(50) Termination of united states citizenship.--
``(A) In general.--An individual shall not cease to be
treated as a United States citizen before the date on which
the individual's citizenship is treated as relinquished under
section 877A(e)(3).
``(B) Dual citizens.--Under regulations prescribed by the
Secretary, subparagraph (A) shall not apply to an individual
who became at birth a citizen of the United States and a
citizen of another country.''.
(d) Ineligibility for Visa or Admission to United States.--
(1) In general.--Section 212(a)(10)(E) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(10)(E)) is amended to
read as follows:
``(E) Former citizens not in compliance with expatriation
revenue provisions.--Any alien who is a former citizen of the
United States who relinquishes United States citizenship
(within the meaning of section 877A(e)(3) of the Internal
Revenue Code of 1986) and who is not in compliance with
section 877A of such Code (relating to expatriation) is
inadmissible.''.
(2) Availability of information.--
(A) In general.--Section 6103(l) (relating to disclosure of
returns and return information for purposes other than tax
administration) is amended by adding at the end the following
new paragraph:
``(21) Disclosure to deny visa or admission to certain
expatriates.--Upon written request of the Attorney General or
the Attorney General's delegate, the Secretary shall disclose
whether an individual is in compliance with section 877A (and
if not in compliance, any items of noncompliance) to officers
and employees of the Federal agency responsible for
administering section 212(a)(10)(E) of the Immigration and
Nationality Act solely for the purpose of, and to the extent
necessary in, administering such section 212(a)(10)(E).''.
(B) Safeguards.--Section 6103(p)(4) (relating to
safeguards) is amended by striking ``or (20)'' each place it
appears and inserting ``(20), or (21)''.
(3) Effective dates.--The amendments made by this
subsection shall apply to individuals who relinquish United
States citizenship on or after the date of the enactment of
this Act.
(e) Conforming Amendments.--
(1) Section 877 is amended by adding at the end the
following new subsection:
``(h) Application.--This section shall not apply to an
expatriate (as defined in section 877A(e)) whose expatriation
date (as so defined) occurs on or after the date of the
enactment of this subsection.''.
(2) Section 2107 is amended by adding at the end the
following new subsection:
``(f) Application.--This section shall not apply to any
expatriate subject to section 877A.''.
(3) Section 2501(a)(3) is amended by adding at the end the
following new subparagraph:
``(C) Application.--This paragraph shall not apply to any
expatriate subject to section 877A.''.
(4) Section 6039G(a) is amended by inserting ``or 877A''
after ``section 877(b)''.
(5) The second sentence of section 6039G(d) is amended by
inserting ``or who relinquishes United States citizenship
(within the meaning of section 877A(e)(3))'' after ``section
877(a))''.
(6) Section 7701(n) is amended by adding at the end the
following new paragraph:
``(3) Application.--This subsection shall not apply to any
expatriate subject to section 877A.''.
(f) Clerical Amendment.--The table of sections for subpart
A of part II of subchapter N of chapter 1 is amended by
inserting after the item relating to section 877 the
following new item:
``Sec. 877A. Tax responsibilities of expatriation.''.
(g) Effective Date.--
(1) In general.--Except as provided in this subsection, the
amendments made by this section shall apply to expatriates
(within the meaning of section 877A(e) of the Internal
Revenue Code of 1986, as added by this section) whose
expatriation date (as so defined) occurs on or after the date
of the enactment of this Act.
(2) Gifts and bequests.--Section 102(d) of the Internal
Revenue Code of 1986 (as added by subsection (b)) shall apply
to gifts and bequests received on or after the date of the
enactment of this Act, from an individual or the estate of an
individual whose expatriation date (as so defined) occurs
after such date.
(3) Due date for tentative tax.--The due date under section
877A(h)(2) of the Internal Revenue Code of 1986, as added by
this section, shall in no event occur before the 90th day
after the date of the enactment of this Act.
Subtitle C--Secure Rural Schools and Community Self-Determination
Program
SEC. 901. SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION PROGRAM.
(a) Reauthorization of the Secure Rural Schools and
Community Self-Determination Act of 2000.--The Secure Rural
Schools and Community Self-Determination Act of 2000 (16
U.S.C. 500 note; Public Law 106-393) is amended by striking
sections 1 through 403 and inserting the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Secure Rural Schools and
Community Self-Determination Act of 2000'.
``SEC. 2. PURPOSES.
``The purposes of this Act are--
``(1) to stabilize and transition payments to counties to
provide funding for schools and roads that supplements other
available funds;
``(2) to make additional investments in, and create
additional employment opportunities through, projects that--
``(A)(i) improve the maintenance of existing
infrastructure;
``(ii) implement stewardship objectives that enhance forest
ecosystems; and
``(iii) restore and improve land health and water quality;
``(B) enjoy broad-based support; and
``(C) have objectives that may include--
``(i) road, trail, and infrastructure maintenance or
obliteration;
``(ii) soil productivity improvement;
``(iii) improvements in forest ecosystem health;
``(iv) watershed restoration and maintenance;
``(v) the restoration, maintenance, and improvement of
wildlife and fish habitat;
``(vi) the control of noxious and exotic weeds; and
``(vii) the reestablishment of native species; and
``(3) to improve cooperative relationships among--
``(A) the people that use and care for Federal land; and
``(B) the agencies that manage the Federal land.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Adjusted share.--The term `adjusted share' means the
number equal to the quotient obtained by dividing--
``(A) the number equal to the quotient obtained by
dividing--
``(i) the base share for the eligible county; by
``(ii) the income adjustment for the eligible county; by
``(B) the number equal to the sum of the quotients obtained
under subparagraph (A) and paragraph (8)(A) for all eligible
counties.
``(2) Base share.--The term `base share' means the number
equal to the average of--
``(A) the quotient obtained by dividing--
``(i) the number of acres of Federal land described in
paragraph (7)(A) in each eligible county; by
``(ii) the total number acres of Federal land in all
eligible counties in all eligible States; and
``(B) the quotient obtained by dividing--
``(i) the amount equal to the average of the 3 highest 25-
percent payments and safety net payments made to each
eligible State for each eligible county during the
eligibility period; by
``(ii) the amount equal to the sum of the amounts
calculated under clause (i) and paragraph (9)(B)(i) for all
eligible counties in
[[Page 16419]]
all eligible States during the eligibility period.
``(3) County payment.--The term `county payment' means the
payment for an eligible county calculated under section
101(b).
``(4) Eligible county.--The term `eligible county' means
any county that--
``(A) contains Federal land (as defined in paragraph (7));
and
``(B) elects to receive a share of the State payment or the
county payment under section 102(b).
``(5) Eligibility period.--The term `eligibility period'
means fiscal year 1986 through fiscal year 1999.
``(6) Eligible state.--The term `eligible State' means a
State or territory of the United States that received a 25-
percent payment for 1 or more fiscal years of the eligibility
period.
``(7) Federal land.--The term `Federal land' means--
``(A) land within the National Forest System, as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of the
National Grasslands and land utilization projects designated
as National Grasslands administered pursuant to the Act of
July 22, 1937 (7 U.S.C. 1010-1012); and
``(B) such portions of the revested Oregon and California
Railroad and reconveyed Coos Bay Wagon Road grant land as are
or may hereafter come under the jurisdiction of the
Department of the Interior, which have heretofore or may
hereafter be classified as timberlands, and power-site land
valuable for timber, that shall be managed, except as
provided in the former section 3 of the Act of August 28,
1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest
production.
``(8) 50-Percent adjusted share.--The term `50-percent
adjusted share' means the number equal to the quotient
obtained by dividing--
``(A) the number equal to the quotient obtained by
dividing--
``(i) the 50-percent base share for the eligible county; by
``(ii) the income adjustment for the eligible county; by
``(B) the number equal to the sum of the quotients obtained
under subparagraph (A) and paragraph (1)(A) for all eligible
counties.
``(9) 50-Percent base share.--The term `50-percent base
share' means the number equal to the average of--
``(A) the quotient obtained by dividing--
``(i) the number of acres of Federal land described in
paragraph (7)(B) in each eligible county; by
``(ii) the total number acres of Federal land in all
eligible counties in all eligible States; and
``(B) the quotient obtained by dividing--
``(i) the amount equal to the average of the 3 highest 50-
percent payments made to each eligible county during the
eligibility period; by
``(ii) the amount equal to the sum of the amounts
calculated under clause (i) and paragraph (2)(B)(i) for all
eligible counties in all eligible States during the
eligibility period.
``(10) 50-percent payment.--The term `50-percent payment'
means the payment that is the sum of the 50-percent share
otherwise paid to a county pursuant to title II of the Act of
August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f),
and the payment made to a county pursuant to the Act of May
24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et
seq.).
``(11) Full funding amount.--The term `full funding amount'
means--
``(A) $526,079,656 for fiscal year 2007;
``(B) $520,000,000 for fiscal year 2008; and
``(C) for fiscal year 2009 and each fiscal year thereafter,
the amount that is equal to 90 percent of the full funding
amount for the preceding fiscal year.
``(12) Income adjustment.--The term `income adjustment'
means the square of the quotient obtained by dividing--
``(A) the per capita personal income for each eligible
county; by
``(B) the median per capita personal income of all eligible
counties.
``(13) Per capita personal income.--The term `per capita
personal income' means the most recent per capita personal
income data, as determined by the Bureau of Economic
Analysis.
``(14) Safety net payments.--The term `safety net payments'
means the special payment amounts paid to States and counties
required by section 13982 or 13983 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500
note; 43 U.S.C. 1181f note).
``(15) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture or the designee of the
Secretary of Agriculture with respect to the Federal land
described in paragraph (7)(A); and
``(B) the Secretary of the Interior or the designee of the
Secretary of the Interior with respect to the Federal land
described in paragraph (7)(B).
``(16) State payment.--The term `State payment' means the
payment for an eligible State calculated under section
101(a).
``(17) 25-Percent payment.--The term `25-percent payment'
means the payment to States required by the sixth paragraph
under the heading of `forest service' in the Act of May 23,
1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act
of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
``TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL
LAND
``SEC. 101. SECURE PAYMENTS FOR STATES CONTAINING FEDERAL
LAND.
``(a) State Payment.--For each of fiscal years 2007 through
2011, the Secretary of Agriculture shall calculate for each
eligible State an amount equal to the sum of the products
obtained by multiplying--
``(1) the adjusted share for each eligible county within
the eligible State; by
``(2) the full funding amount for the fiscal year.
``(b) County Payment.--For each of fiscal years 2007
through 2011, the Secretary of the Interior shall calculate
for each eligible county that received a 50-percent payment
during the eligibility period an amount equal to the product
obtained by multiplying--
``(1) the 50-percent adjusted share for the eligible
county; by
``(2) the full funding amount for the fiscal year.
``SEC. 102. PAYMENTS TO STATES AND COUNTIES.
``(a) Payment Amounts.--Except as provided in section 103,
the Secretary of the Treasury shall pay to--
``(1) a State or territory of the United States an amount
equal to the sum of the amounts elected under subsection (b)
by each county within the State or territory for--
``(A) if the county is eligible for the 25-percent payment,
the share of the 25-percent payment; or
``(B) the share of the State payment of the eligible
county; and
``(2) a county an amount equal to the amount elected under
subsection (b) by each county for--
``(A) if the county is eligible for the 50-percent payment,
the 50-percent payment; or
``(B) the county payment for the eligible county.
``(b) Election to Receive Payment Amount.--
``(1) Election; submission of results.--
``(A) In general.--The election to receive a share of the
State payment, the county payment, a share of the State
payment and the county payment, a share of the 25-percent
payment, the 50-percent payment, or a share of the 25-percent
payment and the 50-percent payment, as applicable, shall be
made at the discretion of each affected county by August 1,
2007, and August 1 of each second fiscal year thereafter, in
accordance with paragraph (2), and transmitted to the
Secretary concerned by the Governor of each eligible State.
``(B) Failure to transmit.--If an election for an affected
county is not transmitted to the Secretary concerned by the
date specified under subparagraph (A), the affected county
shall be considered to have elected to receive a share of the
State payment, the county payment, or a share of the State
payment and the county payment, as applicable.
``(2) Duration of election.--
``(A) In general.--A county election to receive a share of
the 25-percent payment or 50-percent payment, as applicable
shall be effective for 2 fiscal years.
``(B) Full funding amount.--If a county elects to receive a
share of the State payment or the county payment, the
election shall be effective for all subsequent fiscal years
through fiscal year 2011.
``(3) Source of payment amounts.--The payment to an
eligible State or eligible county under this section for a
fiscal year shall be derived from--
``(A) any revenues, fees, penalties, or miscellaneous
receipts, exclusive of deposits to any relevant trust fund,
special account, or permanent operating funds, received by
the Federal Government from activities by the Bureau of Land
Management or the Forest Service on the applicable Federal
land;
``(B) for fiscal year 2007, any funds appropriated to carry
out this Act; and
``(C) to the extent of any shortfall, out of any amounts in
the Treasury of the United States not otherwise appropriated.
``(c) Distribution and Expenditure of Payments.--
``(1) Distribution method.--A State that receives a payment
under subsection (a) for Federal land described in section
3(7)(A) shall distribute the appropriate payment amount among
the appropriate counties in the State in accordance with--
``(A) the Act of May 23, 1908 (16 U.S.C. 500); and
``(B) section 13 of the Act of March 1, 1911 (36 Stat. 963;
16 U.S.C. 500).
``(2) Expenditure purposes.--Subject to subsection (d),
payments received by a State under subsection (a) and
distributed to counties in accordance with paragraph (1)
shall be expended as required by the laws referred to in
paragraph (1).
``(d) Expenditure Rules for Eligible Counties.--
``(1) Allocations.--
``(A) Use of portion in same manner as 25-percent payment
or 50-percent payment, as applicable.--Except as provided in
paragraph (3)(B), if an eligible county elects to receive its
share of the State payment or the county payment, not less
than 80 percent,
[[Page 16420]]
but not more than 85 percent, of the funds shall be expended
in the same manner in which the 25-percent payments or 50-
percent payment, as applicable, are required to be expended.
``(B) Election as to use of balance.--Except as provided in
subparagraph (C), an eligible county shall elect to do 1 or
more of the following with the balance of any funds not
expended pursuant to subparagraph (A):
``(i) Reserve any portion of the balance for projects in
accordance with title II.
``(ii) Reserve not more than 7 percent of the total share
for the eligible county of the State payment or the county
payment for projects in accordance with title III.
``(iii) Return the portion of the balance not reserved
under clauses (i) and (ii) to the Treasury of the United
States.
``(C) Counties with modest distributions.--In the case of
each eligible county to which more than $100,000, but less
than $350,000, is distributed for any fiscal year pursuant to
either or both of paragraphs (1)(B) and (2)(B) of subsection
(a), the eligible county, with respect to the balance of any
funds not expended pursuant to subparagraph (A) for that
fiscal year, shall--
``(i) reserve any portion of the balance for--
``(I) carrying out projects under title II;
``(II) carrying out projects under title III; or
``(III) a combination of the purposes described in
subclauses (I) and (II); or
``(ii) return the portion of the balance not reserved under
clause (i) to the Treasury of the United States.
``(2) Distribution of funds.--
``(A) In general.--Funds reserved by an eligible county
under subparagraph (B)(i) or (C)(i) of paragraph (1) for
carrying out projects under title II shall be deposited in a
special account in the Treasury of the United States.
``(B) Availability.--Amounts deposited under subparagraph
(A) shall--
``(i) be available for expenditure by the Secretary
concerned, without further appropriation; and
``(ii) remain available until expended in accordance with
title II.
``(3) Election.--
``(A) Notification.--
``(i) In general.--An eligible county shall notify the
Secretary concerned of an election by the eligible county
under this subsection not later than September 30 of each
fiscal year.
``(ii) Failure to elect.--Except as provided in
subparagraph (B), if the eligible county fails to make an
election by the date specified in clause (i), the eligible
county shall--
``(I) be considered to have elected to expend 85 percent of
the funds in accordance with paragraph (1)(A); and
``(II) return the balance to the Treasury of the United
States.
``(B) Counties with minor distributions.--In the case of
each eligible county to which less than $100,000 is
distributed for any fiscal year pursuant to either or both of
paragraphs (1)(B) and (2)(B) of subsection (a), the eligible
county may elect to expend all the funds in the same manner
in which the 25-percent payments or 50-percent payments, as
applicable, are required to be expended.
``(e) Time for Payment.--The payments required under this
section for a fiscal year shall be made as soon as
practicable after the end of that fiscal year.
``SEC. 103. TRANSITION PAYMENTS TO THE STATES OF CALIFORNIA,
OREGON, AND WASHINGTON.
``(a) Definitions.--In this section:
``(1) Adjusted amount.--The term `adjusted amount' means,
with respect to a covered State--
``(A) for fiscal year 2007--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2007; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2007;
``(B) for fiscal year 2008, 90 percent of--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2008; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2008;
``(C) for fiscal year 2009, 81 percent of--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2009; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2009; and
``(D) for fiscal year 2010, 73 percent of--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2010; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2010.
``(2) Covered state.--The term `covered State' means each
of the States of California, Oregon, and Washington.
``(b) Transition Payments.--For each of fiscal years 2007
through 2010, in lieu of the payment amounts that otherwise
would have been made under paragraphs (1)(B) and (2)(B) of
section 102(a), the Secretary of the Treasury shall pay the
adjusted amount to each covered State and the eligible
counties within the covered State, as applicable.
``(c) Distribution of Adjusted Amount in Oregon and
Washington.--It is the intent of Congress that the method of
distributing the payments under subsection (b) among the
counties in the States of Oregon and Washington for each of
fiscal years 2007 through 2010 be in the same proportion that
the payments were distributed to the eligible counties in
fiscal year 2006.
``(d) Distribution of Payments in California.--The
following payments shall be distributed among the eligible
counties in the State of California in the same proportion
that payments under section 102(a)(2) (as in effect on
September 29, 2006) were distributed to the eligible counties
for fiscal year 2006:
``(1) Payments to the State of California under subsection
(b).
``(2) The shares of the eligible counties of the State
payment for California under section 102 for fiscal year
2011.
``(e) Treatment of Payments.--For purposes of this Act, any
payment made under subsection (b) shall be considered to be a
payment made under section 102(a).
``TITLE II--SPECIAL PROJECTS ON FEDERAL LAND
``SEC. 201. DEFINITIONS.
``In this title:
``(1) Participating county.--The term `participating
county' means an eligible county that elects under section
102(d) to expend a portion of the Federal funds received
under section 102 in accordance with this title.
``(2) Project funds.--The term `project funds' means all
funds an eligible county elects under section 102(d) to
reserve for expenditure in accordance with this title.
``(3) Resource advisory committee.--The term `resource
advisory committee' means--
``(A) an advisory committee established by the Secretary
concerned under section 205; or
``(B) an advisory committee determined by the Secretary
concerned to meet the requirements of section 205.
``(4) Resource management plan.--The term `resource
management plan' means--
``(A) a land use plan prepared by the Bureau of Land
Management for units of the Federal land described in section
3(7)(B) pursuant to section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712); or
``(B) a land and resource management plan prepared by the
Forest Service for units of the National Forest System
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974l (16 U.S.C. 1604).
``SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.
``(a) Limitation.--Project funds shall be expended solely
on projects that meet the requirements of this title.
``(b) Authorized Uses.--Project funds may be used by the
Secretary concerned for the purpose of entering into and
implementing cooperative agreements with willing Federal
agencies, State and local governments, private and nonprofit
entities, and landowners for protection, restoration, and
enhancement of fish and wildlife habitat, and other resource
objectives consistent with the purposes of this Act on
Federal land and on non-Federal land where projects would
benefit the resources on Federal land.
``SEC. 203. SUBMISSION OF PROJECT PROPOSALS.
``(a) Submission of Project Proposals to Secretary
Concerned.--
``(1) Projects funded using project funds.--Not later than
September 30 for fiscal year 2007, and each September 30
thereafter for each succeeding fiscal year through fiscal
year 2011, each resource advisory committee shall submit to
the Secretary concerned a description of any projects that
the resource advisory committee proposes the Secretary
undertake using any project funds reserved by eligible
counties in the area in which the resource advisory committee
has geographic jurisdiction.
``(2) Projects funded using other funds.--A resource
advisory committee may submit to the Secretary concerned a
description of any projects that the committee proposes the
Secretary undertake using funds
[[Page 16421]]
from State or local governments, or from the private sector,
other than project funds and funds appropriated and otherwise
available to do similar work.
``(3) Joint projects.--Participating counties or other
persons may propose to pool project funds or other funds,
described in paragraph (2), and jointly propose a project or
group of projects to a resource advisory committee
established under section 205.
``(b) Required Description of Projects.--In submitting
proposed projects to the Secretary concerned under subsection
(a), a resource advisory committee shall include in the
description of each proposed project the following
information:
``(1) The purpose of the project and a description of how
the project will meet the purposes of this title.
``(2) The anticipated duration of the project.
``(3) The anticipated cost of the project.
``(4) The proposed source of funding for the project,
whether project funds or other funds.
``(5)(A) Expected outcomes, including how the project will
meet or exceed desired ecological conditions, maintenance
objectives, or stewardship objectives.
``(B) An estimate of the amount of any timber, forage, and
other commodities and other economic activity, including jobs
generated, if any, anticipated as part of the project.
``(6) A detailed monitoring plan, including funding needs
and sources, that--
``(A) tracks and identifies the positive or negative
impacts of the project, implementation, and provides for
validation monitoring; and
``(B) includes an assessment of the following:
``(i) Whether or not the project met or exceeded desired
ecological conditions; created local employment or training
opportunities, including summer youth jobs programs such as
the Youth Conservation Corps where appropriate.
``(ii) Whether the project improved the use of, or added
value to, any products removed from land consistent with the
purposes of this title.
``(7) An assessment that the project is to be in the public
interest.
``(c) Authorized Projects.--Projects proposed under
subsection (a) shall be consistent with section 2.
``SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY
CONCERNED.
``(a) Conditions for Approval of Proposed Project.--The
Secretary concerned may make a decision to approve a project
submitted by a resource advisory committee under section 203
only if the proposed project satisfies each of the following
conditions:
``(1) The project complies with all applicable Federal laws
(including regulations).
``(2) The project is consistent with the applicable
resource management plan and with any watershed or subsequent
plan developed pursuant to the resource management plan and
approved by the Secretary concerned.
``(3) The project has been approved by the resource
advisory committee in accordance with section 205, including
the procedures issued under subsection (e) of that section.
``(4) A project description has been submitted by the
resource advisory committee to the Secretary concerned in
accordance with section 203.
``(5) The project will improve the maintenance of existing
infrastructure, implement stewardship objectives that enhance
forest ecosystems, and restore and improve land health and
water quality.
``(b) Environmental Reviews.--
``(1) Request for payment by county.--The Secretary
concerned may request the resource advisory committee
submitting a proposed project to agree to the use of project
funds to pay for any environmental review, consultation, or
compliance with applicable environmental laws required in
connection with the project.
``(2) Conduct of environmental review.--If a payment is
requested under paragraph (1) and the resource advisory
committee agrees to the expenditure of funds for this
purpose, the Secretary concerned shall conduct environmental
review, consultation, or other compliance responsibilities in
accordance with Federal laws (including regulations).
``(3) Effect of refusal to pay.--
``(A) In general.--If a resource advisory committee does
not agree to the expenditure of funds under paragraph (1),
the project shall be deemed withdrawn from further
consideration by the Secretary concerned pursuant to this
title.
``(B) Effect of withdrawal.--A withdrawal under
subparagraph (A) shall be deemed to be a rejection of the
project for purposes of section 207(c).
``(c) Decisions of Secretary Concerned.--
``(1) Rejection of projects.--
``(A) In general.--A decision by the Secretary concerned to
reject a proposed project shall be at the sole discretion of
the Secretary concerned.
``(B) No administrative appeal or judicial review.--
Notwithstanding any other provision of law, a decision by the
Secretary concerned to reject a proposed project shall not be
subject to administrative appeal or judicial review.
``(C) Notice of rejection.--Not later than 30 days after
the date on which the Secretary concerned makes the rejection
decision, the Secretary concerned shall notify in writing the
resource advisory committee that submitted the proposed
project of the rejection and the reasons for rejection.
``(2) Notice of project approval.--The Secretary concerned
shall publish in the Federal Register notice of each project
approved under subsection (a) if the notice would be required
had the project originated with the Secretary.
``(d) Source and Conduct of Project.--Once the Secretary
concerned accepts a project for review under section 203, the
acceptance shall be deemed a Federal action for all purposes.
``(e) Implementation of Approved Projects.--
``(1) Cooperation.--Notwithstanding chapter 63 of title 31,
United States Code, using project funds the Secretary
concerned may enter into contracts, grants, and cooperative
agreements with States and local governments, private and
nonprofit entities, and landowners and other persons to
assist the Secretary in carrying out an approved project.
``(2) Best value contracting.--
``(A) In general.--For any project involving a contract
authorized by paragraph (1) the Secretary concerned may elect
a source for performance of the contract on a best value
basis.
``(B) Factors.--The Secretary concerned shall determine
best value based on such factors as--
``(i) the technical demands and complexity of the work to
be done;
``(ii)(I) the ecological objectives of the project; and
``(II) the sensitivity of the resources being treated;
``(iii) the past experience by the contractor with the type
of work being done, using the type of equipment proposed for
the project, and meeting or exceeding desired ecological
conditions; and
``(iv) the commitment of the contractor to hiring highly
qualified workers and local residents.
``(3) Merchantable timber contracting pilot program.--
``(A) Establishment.--The Secretary concerned shall
establish a pilot program to implement a certain percentage
of approved projects involving the sale of merchantable
timber using separate contracts for--
``(i) the harvesting or collection of merchantable timber;
and
``(ii) the sale of the timber.
``(B) Annual percentages.--Under the pilot program, the
Secretary concerned shall ensure that, on a nationwide basis,
not less than the following percentage of all approved
projects involving the sale of merchantable timber are
implemented using separate contracts:
``(i) For fiscal year 2007, 25 percent.
``(ii) For fiscal year 2008, 35 percent.
``(iii) For fiscal year 2009, 45 percent.
``(iv) For each of fiscal years 2010 and 2011, 50 percent.
``(C) Inclusion in pilot program.--The decision whether to
use separate contracts to implement a project involving the
sale of merchantable timber shall be made by the Secretary
concerned after the approval of the project under this title.
``(D) Assistance.--
``(i) In general.--The Secretary concerned may use funds
from any appropriated account available to the Secretary for
the Federal land to assist in the administration of projects
conducted under the pilot program.
``(ii) Maximum amount of assistance.--The total amount
obligated under this subparagraph may not exceed $1,000,000
for any fiscal year during which the pilot program is in
effect.
``(E) Review and report.--
``(i) Initial report.--Not later than September 30, 2009,
the Comptroller General shall submit to the Committees on
Agriculture, Nutrition, and Forestry and Energy and Natural
Resources of the Senate and the Committees on Agriculture and
Natural Resources of the House of Representatives a report
assessing the pilot program.
``(ii) Annual report.--The Secretary concerned shall submit
to the Committees on Agriculture, Nutrition, and Forestry and
Energy and Natural Resources of the Senate and the Committees
on Agriculture and Natural Resources of the House of
Representatives an annual report describing the results of
the pilot program.
``(f) Requirements for Project Funds.--The Secretary shall
ensure that at least 50 percent of all project funds be used
for projects that are primarily dedicated--
``(1) to road maintenance, decommissioning, or
obliteration; or
``(2) to restoration of streams and watersheds.
``SEC. 205. RESOURCE ADVISORY COMMITTEES.
``(a) Establishment and Purpose of Resource Advisory
Committees.--
``(1) Establishment.--The Secretary concerned shall
establish and maintain resource advisory committees to
perform the duties in subsection (b), except as provided in
paragraph (4).
``(2) Purpose.--The purpose of a resource advisory
committee shall be--
[[Page 16422]]
``(A) to improve collaborative relationships; and
``(B) to provide advice and recommendations to the land
management agencies consistent with the purposes of this
title.
``(3) Access to resource advisory committees.--To ensure
that each unit of Federal land has access to a resource
advisory committee, and that there is sufficient interest in
participation on a committee to ensure that membership can be
balanced in terms of the points of view represented and the
functions to be performed, the Secretary concerned may,
establish resource advisory committees for part of, or 1 or
more, units of Federal land.
``(4) Existing advisory committees.--
``(A) In general.--An advisory committee that meets the
requirements of this section, a resource advisory committee
established before September 29, 2006, or an advisory
committee determined by the Secretary concerned before
September 29, 2006, to meet the requirements of this section
may be deemed by the Secretary concerned to be a resource
advisory committee for the purposes of this title.
``(B) Charter.--A charter for a committee described in
subparagraph (A) that was filed on or before September 29,
2006, shall be considered to be filed for purposes of this
Act.
``(C) Bureau of land management advisory committees.--The
Secretary of the Interior may deem a resource advisory
committee meeting the requirements of subpart 1784 of part
1780 of title 43, Code of Federal Regulations, as a resource
advisory committee for the purposes of this title.
``(b) Duties.--A resource advisory committee shall--
``(1) review projects proposed under this title by
participating counties and other persons;
``(2) propose projects and funding to the Secretary
concerned under section 203;
``(3) provide early and continuous coordination with
appropriate land management agency officials in recommending
projects consistent with purposes of this Act under this
title;
``(4) provide frequent opportunities for citizens,
organizations, tribes, land management agencies, and other
interested parties to participate openly and meaningfully,
beginning at the early stages of the project development
process under this title;
``(5)(A) monitor projects that have been approved under
section 204; and
``(B) advise the designated Federal official on the
progress of the monitoring efforts under subparagraph (A);
and
``(6) make recommendations to the Secretary concerned for
any appropriate changes or adjustments to the projects being
monitored by the resource advisory committee.
``(c) Appointment by the Secretary.--
``(1) Appointment and term.--
``(A) In general.--The Secretary concerned, shall appoint
the members of resource advisory committees for a term of 4
years beginning on the date of appointment.
``(B) Reappointment.--The Secretary concerned may reappoint
members to subsequent 4-year terms.
``(2) Basic requirements.--The Secretary concerned shall
ensure that each resource advisory committee established
meets the requirements of subsection (d).
``(3) Initial appointment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary
concerned shall make initial appointments to the resource
advisory committees.
``(4) Vacancies.--The Secretary concerned shall make
appointments to fill vacancies on any resource advisory
committee as soon as practicable after the vacancy has
occurred.
``(5) Compensation.--Members of the resource advisory
committees shall not receive any compensation.
``(d) Composition of Advisory Committee.--
``(1) Number.--Each resource advisory committee shall be
comprised of 15 members.
``(2) Community interests represented.--Committee members
shall be representative of the interests of the following 3
categories:
``(A) 5 persons that--
``(i) represent organized labor or non-timber forest
product harvester groups;
``(ii) represent developed outdoor recreation, off highway
vehicle users, or commercial recreation activities;
``(iii) represent--
``(I) energy and mineral development interests; or
``(II) commercial or recreational fishing interests;
``(iv) represent the commercial timber industry; or
``(v) hold Federal grazing or other land use permits, or
represent nonindustrial private forest land owners, within
the area for which the committee is organized.
``(B) 5 persons that represent--
``(i) nationally recognized environmental organizations;
``(ii) regionally or locally recognized environmental
organizations;
``(iii) dispersed recreational activities;
``(iv) archaeological and historical interests; or
``(v) nationally or regionally recognized wild horse and
burro interest groups, wildlife or hunting organizations, or
watershed associations.
``(C) 5 persons that--
``(i) hold State elected office (or a designee);
``(ii) hold county or local elected office;
``(iii) represent American Indian tribes within or adjacent
to the area for which the committee is organized;
``(iv) are school officials or teachers; or
``(v) represent the affected public at large.
``(3) Balanced representation.--In appointing committee
members from the 3 categories in paragraph (2), the Secretary
concerned shall provide for balanced and broad representation
from within each category.
``(4) Geographic distribution.--The members of a resource
advisory committee shall reside within the State in which the
committee has jurisdiction and, to extent practicable, the
Secretary concerned shall ensure local representation in each
category in paragraph (2).
``(5) Chairperson.--A majority on each resource advisory
committee shall select the chairperson of the committee.
``(e) Approval Procedures.--
``(1) In general.--Subject to paragraph (3), each resource
advisory committee shall establish procedures for proposing
projects to the Secretary concerned under this title.
``(2) Quorum.--A quorum must be present to constitute an
official meeting of the committee.
``(3) Approval by majority of members.--A project may be
proposed by a resource advisory committee to the Secretary
concerned under section 203(a), if the project has been
approved by a majority of members of the committee from each
of the 3 categories in subsection (d)(2).
``(f) Other Committee Authorities and Requirements.--
``(1) Staff assistance.--A resource advisory committee may
submit to the Secretary concerned a request for periodic
staff assistance from Federal employees under the
jurisdiction of the Secretary.
``(2) Meetings.--All meetings of a resource advisory
committee shall be announced at least 1 week in advance in a
local newspaper of record and shall be open to the public.
``(3) Records.--A resource advisory committee shall
maintain records of the meetings of the committee and make
the records available for public inspection.
``SEC. 206. USE OF PROJECT FUNDS.
``(a) Agreement Regarding Schedule and Cost of Project.--
``(1) Agreement between parties.--The Secretary concerned
may carry out a project submitted by a resource advisory
committee under section 203(a) using project funds or other
funds described in section 203(a)(2), if, as soon as
practicable after the issuance of a decision document for the
project and the exhaustion of all administrative appeals and
judicial review of the project decision, the Secretary
concerned and the resource advisory committee enter into an
agreement addressing, at a minimum, the following:
``(A) The schedule for completing the project.
``(B) The total cost of the project, including the level of
agency overhead to be assessed against the project.
``(C) For a multiyear project, the estimated cost of the
project for each of the fiscal years in which it will be
carried out.
``(D) The remedies for failure of the Secretary concerned
to comply with the terms of the agreement consistent with
current Federal law.
``(2) Limited use of federal funds.--The Secretary
concerned may decide, at the sole discretion of the Secretary
concerned, to cover the costs of a portion of an approved
project using Federal funds appropriated or otherwise
available to the Secretary for the same purposes as the
project.
``(b) Transfer of Project Funds.--
``(1) Initial transfer required.--As soon as practicable
after the agreement is reached under subsection (a) with
regard to a project to be funded in whole or in part using
project funds, or other funds described in section 203(a)(2),
the Secretary concerned shall transfer to the applicable unit
of National Forest System land or Bureau of Land Management
District an amount of project funds equal to--
``(A) in the case of a project to be completed in a single
fiscal year, the total amount specified in the agreement to
be paid using project funds, or other funds described in
section 203(a)(2); or
``(B) in the case of a multiyear project, the amount
specified in the agreement to be paid using project funds, or
other funds described in section 203(a)(2) for the first
fiscal year.
``(2) Condition on project commencement.--The unit of
National Forest System land or Bureau of Land Management
District concerned, shall not commence a project until the
project funds, or other funds described in section 203(a)(2)
required to be transferred under paragraph (1) for the
project, have been made available by the Secretary concerned.
``(3) Subsequent transfers for multiyear projects.--
``(A) In general.--For the second and subsequent fiscal
years of a multiyear project to be funded in whole or in part
using project funds, the unit of National Forest System land
or Bureau of Land Management District concerned shall use the
amount of project
[[Page 16423]]
funds required to continue the project in that fiscal year
according to the agreement entered into under subsection (a).
``(B) Suspension of work.--The Secretary concerned shall
suspend work on the project if the project funds required by
the agreement in the second and subsequent fiscal years are
not available.
``SEC. 207. AVAILABILITY OF PROJECT FUNDS.
``(a) Submission of Proposed Projects to Obligate Funds.--
By September 30 of each fiscal year through fiscal year 2011,
a resource advisory committee shall submit to the Secretary
concerned pursuant to section 203(a)(1) a sufficient number
of project proposals that, if approved, would result in the
obligation of at least the full amount of the project funds
reserved by the participating county in the preceding fiscal
year.
``(b) Use or Transfer of Unobligated Funds.--Subject to
section 208, if a resource advisory committee fails to comply
with subsection (a) for a fiscal year, any project funds
reserved by the participating county in the preceding fiscal
year and remaining unobligated shall be available for use as
part of the project submissions in the next fiscal year.
``(c) Effect of Rejection of Projects.--Subject to section
208, any project funds reserved by a participating county in
the preceding fiscal year that are unobligated at the end of
a fiscal year because the Secretary concerned has rejected
one or more proposed projects shall be available for use as
part of the project submissions in the next fiscal year.
``(d) Effect of Court Orders.--
``(1) In general.--If an approved project under this Act is
enjoined or prohibited by a Federal court, the Secretary
concerned shall return the unobligated project funds related
to the project to the participating county or counties that
reserved the funds.
``(2) Expenditure of funds.--The returned funds shall be
available for the county to expend in the same manner as the
funds reserved by the county under subparagraph (B) or (C)(i)
of section 102(d)(1).
``SEC. 208. TERMINATION OF AUTHORITY.
``(a) In General.--The authority to initiate projects under
this title shall terminate on September 30, 2011.
``(b) Deposits in Treasury.--Any project funds not
obligated by September 30, 2012, shall be deposited in the
Treasury of the United States.
``TITLE III--COUNTY FUNDS
``SEC. 301. DEFINITIONS.
``In this title:
``(1) County funds.--The term `county funds' means all
funds an eligible county elects under section 102(d) to
reserve for expenditure in accordance with this title.
``(2) Participating county.--The term `participating
county' means an eligible county that elects under section
102(d) to expend a portion of the Federal funds received
under section 102 in accordance with this title.
``SEC. 302. USE.
``(a) Authorized Uses.--A participating county, including
any applicable agencies of the participating county, shall
use county funds, in accordance with this title, only--
``(1) to carry out activities under the Firewise
Communities program to provide to homeowners in fire-
sensitive ecosystems education on, and assistance with
implementing, techniques in home siting, home construction,
and home landscaping that can increase the protection of
people and property from wildfires;
``(2) to reimburse the participating county for search and
rescue and other emergency services, including firefighting,
that are--
``(A) performed on Federal land after the date on which the
use was approved under subsection (b);
``(B) paid for by the participating county; and
``(3) to develop community wildfire protection plans in
coordination with the appropriate Secretary concerned.
``(b) Proposals.--A participating county shall use county
funds for a use described in subsection (a) only after a 45-
day public comment period, at the beginning of which the
participating county shall--
``(1) publish in any publications of local record a
proposal that describes the proposed use of the county funds;
and
``(2) submit the proposal to any resource advisory
committee established under section 205 for the participating
county.
``SEC. 303. CERTIFICATION.
``(a) In General.--Not later than February 1 of the year
after the year in which any county funds were expended by a
participating county, the appropriate official of the
participating county shall submit to the Secretary concerned
a certification that the county funds expended in the
applicable year have been used for the uses authorized under
section 302(a), including a description of the amounts
expended and the uses for which the amounts were expended.
``(b) Review.--The Secretary concerned shall review the
certifications submitted under subsection (a) as the
Secretary concerned determines to be appropriate.
``SEC. 304. TERMINATION OF AUTHORITY.
``(a) In General.--The authority to initiate projects under
this title terminates on September 30, 2011.
``(b) Availability.--Any county funds not obligated by
September 30, 2012, shall be returned to the Treasury of the
United States.
``TITLE IV--MISCELLANEOUS PROVISIONS
``SEC. 401. REGULATIONS.
``The Secretary of Agriculture and the Secretary of the
Interior shall issue regulations to carry out the purposes of
this Act.
``SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act for each of fiscal years 2007
through 2011.
``SEC. 403. TREATMENT OF FUNDS AND REVENUES.
``(a) Relation to Other Appropriations.--Funds made
available under section 402 and funds made available to a
Secretary concerned under section 206 shall be in addition to
any other annual appropriations for the Forest Service and
the Bureau of Land Management.
``(b) Deposit of Revenues and Other Funds.--All revenues
generated from projects pursuant to title II, including any
interest accrued from the revenues, shall be deposited in the
Treasury of the United States.''.
(b) Forest Receipt Payments to Eligible States and
Counties.--
(1) Act of may 23, 1908.--The sixth paragraph under the
heading ``forest service'' in the Act of May 23, 1908 (16
U.S.C. 500) is amended in the first sentence by striking
``twenty-five percentum'' and all that follows through
``shall be paid'' and inserting the following: ``an amount
equal to the annual average of 25 percent of all amounts
received for the applicable fiscal year and each of the
preceding 6 fiscal years from each national forest shall be
paid''.
(2) Weeks law.--Section 13 of the Act of March 1, 1911
(commonly known as the ``Weeks Law'') (16 U.S.C. 500) is
amended in the first sentence by striking ``twenty-five
percentum'' and all that follows through ``shall be paid''
and inserting the following: ``an amount equal to the annual
average of 25 percent of all amounts received for the
applicable fiscal year and each of the preceding 6 fiscal
years from each national forest shall be paid''.
(c) Payments in Lieu of Taxes.--
(1) In general.--Section 6906 of title 31, United States
Code, is amended to read as follows:
``Sec. 6906. Funding
``For each of fiscal years 2008 through 2012--
``(1) each county or other eligible unit of local
government shall be entitled to payment under this chapter;
and
``(2) sums shall be made available to the Secretary of the
Interior for obligation or expenditure in accordance with
this chapter.''.
(2) Conforming amendment.--The table of sections for
chapter 69 of title 31, United States Code, is amended by
striking the item relating to section 6906 and inserting the
following:
``6906. Funding.''.
(3) Budget scorekeeping.--
(A) In general.--Notwithstanding the Budget Scorekeeping
Guidelines and the accompanying list of programs and accounts
set forth in the joint explanatory statement of the committee
of conference accompanying Conference Report 105-217, the
amendment made by paragraph (1) shall be treated in the
baseline for purposes of section 257 of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 907) (as
in effect before September 30, 2002), by the Chairpersons of
the Committee on the Budget of the House of Representatives
and the Committee on the Budget of the Senate, as
appropriate, for purposes of budget enforcement in the House
of Representatives and the Senate, and under the
Congressional Budget Act of 1974 (2 U.S.C. 601 et seq.) as if
Payment in Lieu of Taxes (14-1114-0-1-806) were an account
designated as Appropriated Entitlements and Mandatories for
Fiscal Year 1997 in the joint explanatory statement of the
committee of conference accompanying Conference Report 105-
217.
(B) Effective date.--This paragraph shall--
(i) be effective beginning on the date of enactment of this
Act; and
(ii) remain in effect for any fiscal year for which the
entitlement in section 6906 of title 31, United States Code
(as amended by paragraph (1)), applies.
______
SA 1705. Mr. KERRY (for himself, Ms. Cantwell, and Mr. Tester)
submitted an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
On page 177, after line 21, insert the following:
[[Page 16424]]
SEC. 279. SMALL BUSINESS EMERGENCY FUEL ASSISTANCE.
(a) Short Title.--This section may be cited as the ``Small
Business Emergency Fuel Assistance Act of 2007''.
(b) Emergency Fuel Assistance Program.--There is
established within the Economic Development Administration of
the Department of Commerce, an emergency assistance program
for small businesses dependent on fuel.
(c) Declaration of Fuel Emergency.--
(1) By the secretary.--The Secretary of Commerce may
declare a severe fuel supply interruption for small
businesses if--
(A) the retail price of gasoline in the United States is at
least 60 percent higher than the 5-year rolling average
retail price for 2 consecutive weeks; and
(B) the price differential continues to increase during the
most recent week for which price information is available.
(2) By a governor.--If the Secretary does not declare a
fuel emergency during a period that meets the criteria
described in paragraph (1)--
(A) a Governor may certify that small businesses in the
State have incurred economic injury as a result of a fuel
interruption in the State;
(B) a Governor may request financial assistance through the
program established under this section; and
(C) the Secretary shall provide the Governor with a written
determination not later than 30 days after receiving a
request under subparagraph (B).
(d) Grants Authorized.--
(1) In general.--The Secretary of Commerce is authorized to
award grants to States under a declaration of fuel supply
interruption in accordance with this section.
(2) In general.--Subject to paragraph (3), the Secretary
shall award grants to States, in accordance with an
allocation formula established by the Secretary based on the
pro rata share of each State of the total need among all
States, as applicable, for emergency assistance for fuel
interruption, as determined on the basis of--
(A) the number and percentage of qualifying small
businesses operating within the State;
(B) the increase in the retail price of fuel in the State;
and
(C) such other factors as the Secretary determines to be
appropriate.
(3) Allocation plan.--Each State shall establish, after
giving notice to the public, an opportunity for public
comment, and consideration of public comments received, an
allocation plan for the distribution of financial assistance
received under this subsection, which shall be submitted to
the Secretary, shall be made available to the public by the
State, and shall include--
(A) application requirements for qualifying small
businesses seeking to receive assistance under this
subsection, including a requirement that each application
include--
(i) demonstration of need for assistance under this
subsection;
(ii) a plan to decrease the total commercial energy usage
of the small business through energy efficiency measures,
such as those promoted through the Energy Star Program; and
(iii) if a small business has previously received
assistance under this subsection, evidence that the small
business has implemented the plan previously documented under
clause (ii); and
(B) factors for selecting among small businesses that meet
the application requirements, with preference given to
applicants based on the percentage of operating costs
expended on fuel.
(e) Eligibility.--A small business is eligible for a grant
under this section if--
(1) the average gross receipts of the small business for
the 3 preceding taxable years does not exceed $5,000,000; or
(2) the small business employed an average of more than 1
and fewer than 50 qualified employees on business days during
the preceding taxable year.
(f) Defined Term.--In this section, the term ``aggregate
gross assets'' has the meaning given such term in section
1202(d)(2) of the Internal Revenue Code of 1986.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Commerce $100,000,000
for each of the fiscal years 2008 through 2012 to carry out
this section.
______
SA 1706. Mr. KERRY (for himself and Ms. Snowe) submitted an amendment
intended to be proposed to amendment SA 1502 proposed by Mr. Reid to
the bill H.R. 6, to reduce our Nation's dependency on foreign oil by
investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 161, between lines 2 and 3, insert the following:
SEC. 269. SMALL BUSINESS ENERGY EFFICIENCY.
(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``association'' means the association of small
business development centers established under section
21(a)(3)(A) of the Small Business Act (15 U.S.C.
648(a)(3)(A));
(3) the term ``disability'' has the meaning given that term
in section 3 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12102);
(4) the term ``electric utility'' has the meaning given
that term in section 3 of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2602);
(5) the term ``on-bill financing'' means a low interest or
no interest financing agreement between a small business
concern and an electric utility for the purchase or
installation of equipment, under which the regularly
scheduled payment of that small business concern to that
electric utility is not reduced by the amount of the
reduction in cost attributable to the new equipment and that
amount is credited to the electric utility, until the cost of
the purchase or installation is repaid;
(6) the term ``small business concern'' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 636);
(7) the term ``small business development center'' means a
small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648);
(8) the term ``telecommuting'' means the use of
telecommunications to perform work functions under
circumstances which reduce or eliminate the need to commute;
and
(9) the term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(b) Implementation of Small Business Energy Efficiency
Program.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall promulgate
final rules establishing the Government-wide program
authorized under subsection (d) of section 337 of the Energy
Policy and Conservation Act (42 U.S.C. 6307) that ensure
compliance with that subsection by not later than 6 months
after such date of enactment.
(2) Plan.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall publish a
detailed plan regarding how the Administrator will--
(A) assist small business concerns in becoming more energy
efficient; and
(B) build on the Energy Star for Small Business Program of
the Department of Energy and the Environmental Protection
Agency.
(3) Assistant administrator for small business energy
policy.--
(A) In general.--There is in the Administration an
Assistant Administrator for Small Business Energy Policy, who
shall be appointed by, and report to, the Administrator.
(B) Duties.--The Assistant Administrator for Small Business
Energy Policy shall--
(i) oversee and administer the requirements under this
subsection and section 337(d) of the Energy Policy and
Conservation Act (42 U.S.C. 6307(d)); and
(ii) promote energy efficiency efforts for small business
concerns and reduce energy costs of small business concerns.
(4) Reports.--The Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives an annual report on the progress of the
Administrator in encouraging small business concerns to
become more energy efficient, including data on the rate of
use of the Small Business Energy Clearinghouse established
under section 337(d)(4) of the Energy Policy and Conservation
Act (42 U.S.C. 6307(d)(4)).
(c) Small Business Energy Efficiency.--
(1) Authority.--The Administrator shall establish a Small
Business Energy Efficiency Pilot Program (in this subsection
referred to as the ``Efficiency Pilot Program'') to provide
energy efficiency assistance to small business concerns
through small business development centers.
(2) Small business development centers.--
(A) In general.--In carrying out the Efficiency Pilot
Program, the Administrator shall enter into agreements with
small business development centers under which such centers
shall--
(i) provide access to information and resources on energy
efficiency practices, including on-bill financing options;
(ii) conduct training and educational activities;
(iii) offer confidential, free, one-on-one, in-depth energy
audits to the owners and operators of small business concerns
regarding energy efficiency practices;
(iv) give referrals to certified professionals and other
providers of energy efficiency assistance who meet such
standards for educational, technical, and professional
competency as the Administrator shall establish; and
(v) act as a facilitator between small business concerns,
electric utilities, lenders, and the Administration to
facilitate on-bill financing arrangements.
[[Page 16425]]
(B) Reports.--Each small business development center
participating in the Efficiency Pilot Program shall submit to
the Administrator and the Administrator of the Environmental
Protection Agency an annual report that includes--
(i) a summary of the energy efficiency assistance provided
by that center under the Efficiency Pilot Program;
(ii) the number of small business concerns assisted by that
center under the Efficiency Pilot Program;
(iii) statistics on the total amount of energy saved as a
result of assistance provided by that center under the
Efficiency Pilot Program; and
(iv) any additional information determined necessary by the
Administrator, in consultation with the association.
(C) Reports to congress.--Not later than 60 days after the
date on which all reports under subparagraph (B) relating to
a year are submitted, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report summarizing the information
regarding the Efficiency Pilot Program submitted by small
business development centers participating in that program.
(3) Eligibility.--A small business development center shall
be eligible to participate in the Efficiency Pilot Program
only if that center is certified under section 21(k)(2) of
the Small Business Act (15 U.S.C. 648(k)(2)).
(4) Selection of participating state programs.--
(A) Groupings.--
(i) Selection of programs.--The Administrator shall select
the small business development center programs of 2 States
from each of the groupings of States described in clauses
(ii) through (xi) to participate in the pilot program
established under this subsection.
(ii) Group 1.--Group 1 shall consist of Maine,
Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode
Island.
(iii) Group 2.--Group 2 shall consist of New York, New
Jersey, Puerto Rico, and the Virgin Islands.
(iv) Group 3.--Group 3 shall consist of Pennsylvania,
Maryland, West Virginia, Virginia, the District of Columbia,
and Delaware.
(v) Group 4.--Group 4 shall consist of Georgia, Alabama,
North Carolina, South Carolina, Mississippi, Florida,
Kentucky, and Tennessee.
(vi) Group 5.--Group 5 shall consist of Illinois, Ohio,
Michigan, Indiana, Wisconsin, and Minnesota.
(vii) Group 6.--Group 6 shall consist of Texas, New Mexico,
Arkansas, Oklahoma, and Louisiana.
(viii) Group 7.--Group 7 shall consist of Missouri, Iowa,
Nebraska, and Kansas.
(ix) Group 8.--Group 8 shall consist of Colorado, Wyoming,
North Dakota, South Dakota, Montana, and Utah.
(x) Group 9.--Group 9 shall consist of California, Guam,
American Samoa, Hawaii, Nevada, and Arizona.
(xi) Group 10.--Group 10 shall consist of Washington,
Alaska, Idaho, and Oregon.
(5) Matching requirement.--Subparagraphs (A) and (B) of
section 21(a)(4) of the Small Business Act (15 U.S.C.
648(a)(4)) shall apply to assistance made available under the
Efficiency Pilot Program.
(6) Grant amounts.--Each small business development center
selected to participate in the Efficiency Pilot Program under
paragraph (4) shall be eligible to receive a grant in an
amount equal to--
(A) not less than $100,000 in each fiscal year; and
(B) not more than $300,000 in each fiscal year.
(7) Evaluation and report.--The Comptroller General of the
United States shall--
(A) not later than 30 months after the date of disbursement
of the first grant under the Efficiency Pilot Program,
initiate an evaluation of that pilot program; and
(B) not later than 6 months after the date of the
initiation of the evaluation under subparagraph (A), submit
to the Administrator, the Committee on Small Business and
Entrepreneurship of the Senate, and the Committee on Small
Business of the House of Representatives, a report
containing--
(i) the results of the evaluation; and
(ii) any recommendations regarding whether the Efficiency
Pilot Program, with or without modification, should be
extended to include the participation of all small business
development centers.
(8) Guarantee.--The Administrator may guarantee the timely
payment of a loan made to a small business concern through an
on-bill financing agreement on such terms and conditions as
the Administrator shall establish through a formal rule
making, after providing notice and an opportunity for
comment.
(9) Authorization of appropriations.--
(A) In general.--There are authorized to be appropriated to
carry out this subsection--
(i) $5,000,000 for the first fiscal year beginning after
the date of enactment of this Act; and
(ii) $5,000,000 for each of the 3 fiscal years following
the fiscal year described in clause (i).
(B) Limitation on use of other funds.--The Administrator
may carry out the Efficiency Pilot Program only with amounts
appropriated in advance specifically to carry out this
subsection.
(10) Termination.--The authority under this subsection
shall terminate 4 years after the date of disbursement of the
first grant under the Efficiency Pilot Program.
(d) Small Business Telecommuting.--
(1) Pilot program.--
(A) In general.--In accordance with this subsection, the
Administrator shall conduct, in not more than 5 of the
regions of the Administration, a pilot program to provide
information regarding telecommuting to employers that are
small business concerns and to encourage such employers to
offer telecommuting options to employees (in this subsection
referred to as the ``Telecommuting Pilot Program'').
(B) Special outreach to individuals with disabilities.--In
carrying out the Telecommuting Pilot Program, the
Administrator shall make a concerted effort to provide
information to--
(i) small business concerns owned by or employing
individuals with disabilities, particularly veterans who are
individuals with disabilities;
(ii) Federal, State, and local agencies having knowledge
and expertise in assisting individuals with disabilities,
including veterans who are individuals with disabilities; and
(iii) any group or organization, the primary purpose of
which is to aid individuals with disabilities or veterans who
are individuals with disabilities.
(C) Permissible activities.--In carrying out the
Telecommuting Pilot Program, the Administrator may--
(i) produce educational materials and conduct presentations
designed to raise awareness in the small business community
of the benefits and the ease of telecommuting;
(ii) conduct outreach--
(I) to small business concerns that are considering
offering telecommuting options; and
(II) as provided in subparagraph (B); and
(iii) acquire telecommuting technologies and equipment to
be used for demonstration purposes.
(D) Selection of regions.--In determining which regions
will participate in the Telecommuting Pilot Program, the
Administrator shall give priority consideration to regions in
which Federal agencies and private-sector employers have
demonstrated a strong regional commitment to telecommuting.
(2) Report to congress.--Not later than 2 years after the
date on which funds are first appropriated to carry out this
subsection, the Administrator shall transmit to the Committee
on Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
report containing the results of an evaluation of the
Telecommuting Pilot Program and any recommendations regarding
whether the pilot program, with or without modification,
should be extended to include the participation of all
regions of the Administration.
(3) Termination.--The Telecommuting Pilot Program shall
terminate 4 years after the date on which funds are first
appropriated to carry out this subsection.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Administration $5,000,000 to carry
out this subsection.
(e) Encouraging Innovation in Energy Efficiency.--Section 9
of the Small Business Act (15 U.S.C. 638) is amended by
adding at the end the following:
``(z) Encouraging Innovation in Energy Efficiency.--
``(1) Federal agency energy-related priority.--In carrying
out its duties under this section to SBIR and STTR
solicitations by Federal agencies, the Administrator shall--
``(A) ensure that such agencies give high priority to small
business concerns that participate in or conduct energy
efficiency or renewable energy system research and
development projects; and
``(B) include in the annual report to Congress under
subsection (b)(7) a determination of whether the priority
described in subparagraph (A) is being carried out.
``(2) Consultation required.--The Administrator shall
consult with the heads of other Federal agencies and
departments in determining whether priority has been given to
small business concerns that participate in or conduct energy
efficiency or renewable energy system research and
development projects, as required by this section.
``(3) Guidelines.--The Administrator shall, as soon as is
practicable after the date of enactment of this subsection,
issue guidelines and directives to assist Federal agencies in
meeting the requirements of this section.
``(4) Definitions.--In this subsection--
``(A) the term `biomass'--
``(i) means any organic material that is available on a
renewable or recurring basis, including--
``(I) agricultural crops;
``(II) trees grown for energy production;
``(III) wood waste and wood residues;
``(IV) plants (including aquatic plants and grasses);
``(V) residues;
[[Page 16426]]
``(VI) fibers;
``(VII) animal wastes and other waste materials; and
``(VIII) fats, oils, and greases (including recycled fats,
oils, and greases); and
``(ii) does not include--
``(I) paper that is commonly recycled; or
``(II) unsegregated solid waste;
``(B) the term `energy efficiency project' means the
installation or upgrading of equipment that results in a
significant reduction in energy usage; and
``(C) the term `renewable energy system' means a system of
energy derived from--
``(i) a wind, solar, biomass (including biodiesel), or
geothermal source; or
``(ii) hydrogen derived from biomass or water using an
energy source described in clause (i).''.
______
SA 1707. Mr. KERRY submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy techniques, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
TITLE __--ENERGY EMERGENCIES
SEC. _01. FINDINGS.
Congress finds that--
(1) a significant number of small business concerns in the
United States, including nonfarm and agricultural producers,
use heating oil, natural gas, propane, or kerosene to heat
their facilities and for other purposes;
(2) a significant number of small business concerns in the
United States sell, distribute, market, or otherwise engage
in commerce directly related to heating oil, natural gas,
propane, and kerosene; and
(3) significant increases in the price of heating oil,
natural gas, propane, or kerosene--
(A) disproportionately harm small business concerns
dependent on those fuels or that use, sell, or distribute
those fuels in the ordinary course of their business, and can
cause them substantial economic injury;
(B) can negatively affect the national economy and regional
economies;
(C) occurred during the winters of 1983 to 1984, 1988 to
1989, 1996 to 1997, 1999 to 2000, 2000 to 2001, and 2004 to
2005; and
(D) can be caused by a host of factors, including
international conflicts, global or regional supply
difficulties, weather conditions, insufficient inventories,
refinery capacity, transportation, and competitive structures
in the markets, causes that are often unforeseeable to, and
beyond the control of, those who own and operate small
business concerns.
SEC. _02. SMALL BUSINESS ENERGY EMERGENCY DISASTER LOAN
PROGRAM.
(a) In General.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting after paragraph (3)
the following:
``(4) Energy emergencies.--
``(A) Definitions.--In this paragraph--
``(i) the term `base price index' means the moving average
of the closing unit price on the New York Mercantile Exchange
for heating oil, natural gas, or propane for the 10 days, in
each of the most recent 2 preceding years, which correspond
to the trading days described in clause (ii);
``(ii) the term `current price index' means the moving
average of the closing unit price on the New York Mercantile
Exchange, for the 10 most recent trading days, for contracts
to purchase heating oil, natural gas, or propane during the
subsequent calendar month, commonly known as the `front
month';
``(iii) the term `heating fuel' means heating oil, natural
gas, propane, or kerosene; and
``(iv) the term `significant increase' means--
``(I) with respect to the price of heating oil, natural
gas, or propane, any time the current price index exceeds the
base price index by not less than 40 percent; and
``(II) with respect to the price of kerosene, any increase
which the Administrator, in consultation with the Secretary
of Energy, determines to be significant.
``(B) Authorization.--The Administration may make such
loans, either directly or in cooperation with banks or other
lending institutions through agreements to participate on an
immediate or deferred basis, to assist a small business
concern that has suffered or that is likely to suffer
substantial economic injury as the result of a significant
increase in the price of heating fuel occurring on or after
October 1, 2004.
``(C) Interest rate.--Any loan or guarantee extended under
this paragraph shall be made at the same interest rate as
economic injury loans under paragraph (2).
``(D) Maximum amount.--No loan may be made under this
paragraph, either directly or in cooperation with banks or
other lending institutions through agreements to participate
on an immediate or deferred basis, if the total amount
outstanding and committed to the borrower under this
subsection would exceed $1,500,000, unless such borrower
constitutes a major source of employment in its surrounding
area, as determined by the Administrator, in which case the
Administrator, in the discretion of the Administrator, may
waive the $1,500,000 limitation.
``(E) Declarations.--For purposes of assistance under this
paragraph--
``(i) a declaration of a disaster area based on conditions
specified in this paragraph shall be required, and shall be
made by the President or the Administrator; or
``(ii) if no declaration has been made under clause (i),
the Governor of a State in which a significant increase in
the price of heating fuel has occurred may certify to the
Administration that small business concerns have suffered
economic injury as a result of such increase and are in need
of financial assistance which is not otherwise available on
reasonable terms in that State, and upon receipt of such
certification, the Administration may make such loans as
would have been available under this paragraph if a disaster
declaration had been issued.
``(F) Use of funds.--Notwithstanding any other provision of
law, loans made under this paragraph may be used by a small
business concern described in subparagraph (B) to convert
from the use of heating fuel to a renewable or alternative
energy source, including agriculture and urban waste,
geothermal energy, cogeneration, solar energy, wind energy,
or fuel cells.''.
(b) Conforming Amendments Relating to Heating Fuel.--
Section 3(k) of the Small Business Act (15 U.S.C. 632(k)) is
amended--
(1) by inserting ``, significant increases in the price of
heating fuel'' after ``civil disorders''; and
(2) by inserting ``other'' before ``economic''.
(c) Effective Period.--The amendments made by this section
shall apply during the 4-year period beginning on the date on
which guidelines are published by the Administrator of the
Small Business Administration under section _04.
SEC. _03. AGRICULTURAL PRODUCER EMERGENCY LOANS.
(a) In General.--Section 321(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1961(a)) is amended--
(1) in the first sentence--
(A) by striking ``operations have'' and inserting
``operations (i) have''; and
(B) by inserting before ``: Provided,'' the following: ``,
or (ii)(I) are owned or operated by such an applicant that is
also a small business concern (as defined in section 3 of the
Small Business Act (15 U.S.C. 632)), and (II) have suffered
or are likely to suffer substantial economic injury on or
after October 1, 2004, as the result of a significant
increase in energy costs or input costs from energy sources
occurring on or after October 1, 2004, in connection with an
energy emergency declared by the President or by the
Secretary'';
(2) in the third sentence, by inserting before the period
at the end the following: ``or by an energy emergency
declared by the President or by the Secretary''; and
(3) in the fourth sentence--
(A) by striking ``or natural disaster'' each place such
term appears and inserting ``, natural disaster, or energy
emergency'';
(B) by inserting ``or declaration'' after ``emergency
designation''; and
(C) by inserting ``or energy emergency'' after ``such
natural disaster''.
(b) Funding.--Funds available on the date of the enactment
of this Act for emergency loans under subtitle C of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et
seq.) shall be available to carry out the amendments made by
subsection (a) to meet the needs resulting from energy
emergencies.
(c) Effective Period.--The amendments made by this section
shall apply during the 4-year period beginning on the date on
which guidelines are published by the Secretary of
Agriculture under section _04.
SEC. _04. GUIDELINES AND RULEMAKING.
(a) Guidelines.--Not later than 30 days after the date of
the enactment of this Act, the Administrator of the Small
Business Administration and the Secretary of Agriculture
shall each issue such guidelines as the Administrator or the
Secretary, as applicable, determines to be necessary to carry
out this title and the amendments made by this title.
(b) Rulemaking.--Not later than 30 days after the date of
enactment of this Act, the Administrator, after consultation
with the Secretary of Energy, shall promulgate regulations
specifying the method for determining a significant increase
in the price of kerosene under section 7(b)(4)(A)(iv)(II) of
the Small Business Act, as added by section _02.
SEC. _05. REPORTS.
(a) Small Business Administration.--Not later than 12
months after the date on which the Administrator issues
guidelines under section _04, and annually thereafter until
the date that is 12 months after the end of the effective
period of section 7(b)(4) of the Small Business Act, as added
section _02,
[[Page 16427]]
the Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives, a report
on the effectiveness of the assistance made available under
such section, including--
(1) the number of small business concerns that applied for
a loan under such section and the number of those that
received such loans;
(2) the dollar value of those loans;
(3) the States in which the small business concerns that
received such loans are located;
(4) the type of heating fuel or energy that caused the
significant increase in the cost for the participating small
business concerns; and
(5) recommendations for ways to improve the assistance
provided under such section, if any.
(b) Department of Agriculture.--
(1) In general.--Not later than 1 year after the date on
which the Secretary of Agriculture issues guidelines under
section _04, and annually thereafter until the date that is 1
year after the end of the effective period of the amendments
made to section 321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)) by this title, the
Secretary shall submit a report to the committees listed in
paragraph (2) that--
(A) describes the effectiveness of the assistance made
available under section 321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961(a)); and
(B) contains recommendations for ways to improve the
assistance provided under such section 321(a), if any.
(2) Report recipients.--The report described in paragraph
(1) shall be submitted to--
(A) the Committee on Small Business and Entrepreneurship of
the Senate;
(B) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(C) the Committee on Small Business of the House of
Representatives; and
(D) the Committee on Agriculture of the House of
Representatives.
______
SA 1708. Mr. TESTER (for himself, Mr. Coleman) submitted an amendment
intended to be proposed to amendment SA 1502 proposed by Mr. Reid to
the bill H.R. 6, to reduce our Nation's dependency on foreign oil by
investing in clean, renewable, and alternative energy resources,
promoting new emerging energy technologies, developing greater
efficiency, and creating a Strategic Energy Efficiency and Renewables
Reserve to invest in alternative energy, and for other purposes; which
was ordered to lie on the table; as follows:
On page 177, after line 21, add the following:
SEC. 279. ENERGY EFFICIENT SCHOOLS.
(a) Definitions.--In this section:
(1) Baseline energy efficiency standard.--The term
``baseline energy efficiency standard'' means--
(A) in the case of new construction of a building, the most
recent version of applicable provisions of the International
Energy Conservation Code; and
(B) in the case of renovation of a building, a standard to
be calculated based on a 3-year, weather-normalized average
for the building.
(2) High-performance school building.--The term ``high-
performance school building'' means a school building that
integrates and optimizes all major high-performance building
attributes, including energy and water efficiency, renewable
energy, indoor air quality, durability, lifecycle cost
performance, and occupant productivity.
(3) Renewable energy.--The term ``renewable energy''
means--
(A) energy produced using solar, wind, biomass, ocean,
geothermal, or hydroelectric energy; or
(B) heating and cooling from a ground source heat pump.
(4) School.--The term ``school'' means an accredited public
school that is--
(A) subject to the authority of a State education agency;
and
(B)(i) an elementary school or secondary school (as those
terms are defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801)); or
(ii) a BIA school (within the meaning of section
9101(26)(C) of that Act (20 U.S.C. 7801(26)(C))).
(5) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)).
(6) State energy office.--The term ``State energy office''
means--
(A) the State agency that is responsible for developing
State energy conservation plans under section 362 of the
Energy Policy and Conservation Act (42 U.S.C. 6322); or
(B) if an agency described in subparagraph (A) does not
exist in a State, a State agency designated by the Governor
of the State.
(b) Establishment of Program.--There is established in the
Department of Energy a program, to be known as the ``High-
Performance Schools Program'', under which the Secretary may
provide grants to State energy offices to assist school
districts in the State--
(1) to improve the energy efficiency of, and use of
renewable energy in, school buildings;
(2) to educate students regarding--
(A) energy consumption in buildings; and
(B) the benefits of energy efficiency and renewable energy;
(3) to administer the program; and
(4) to promote participation in the program.
(c) Conditions of Receipt.--As a condition of receiving a
grant under this section, a State energy office shall agree
to use the grant only to provide assistance to school
districts in the State that demonstrate to the satisfaction
of the State energy office--
(1) financial need with respect to the construction of new
or renovated high-performance school buildings;
(2) a commitment to use the grant funds to develop high-
performance school buildings, in accordance with a plan that
the State energy office, in consultation with the State
educational agency, determines to be feasible and appropriate
to achieve the purposes for which the grant is provided;
(3) a commitment to educate students and the public
regarding the energy efficiency and renewable energy uses
relating to the program; and
(4) that the school district has conducted an energy audit
satisfactory to the State energy office of the baseline
energy consumption of the district.
(d) Administration.--
(1) Selection of projects.--In selecting school districts
to receive funds provided under this section, the Secretary
shall--
(A) give priority to States that carry out, or propose to
carry out, projects that--
(i) achieve maximum increases in energy efficiency; and
(ii) achieve maximum cost savings as a result of that
increased efficiency; and
(B) ensure geographical diversity of distribution of funds
throughout the United States, to the maximum extent
practicable.
(2) Use of grants by state energy offices.--A State energy
office may use a portion of a grant received under this
section--
(A) to evaluate compliance by school districts in the State
with the requirements of this section;
(B) to develop and conduct programs for school board
members, school personnel, architects, engineers, and other
interested persons to advance the concepts of high-
performance school buildings;
(C) to obtain technical services and assistance in planning
and designing high-performance school buildings;
(D) to collect and monitor data relating to high-
performance school building projects; or
(E) for promotional and marketing activities.
(e) Supplementing Grant Funds.--Each State energy office
that receives a grant under this section shall encourage each
school district provided funds by the State energy office to
supplement, to the maximum extent practicable, the funds
using funds from other sources in the implementation of the
plans of the school districts.
(f) Other Funds.--Of amounts made available to carry out
this section, the Secretary may reserve an amount equal to
the lesser of 10 percent of the amounts and $500,000 for a
fiscal year to provide assistance to State energy offices
with respect to the coordination and implementation of the
program under this section, including the development of
reference materials--
(1) to clarify and support the purposes of this section;
and
(2) to increase the quantity in the States of high-
performance school buildings.
(g) Report.--Not later than 3 years after the date on which
the Secretary provides the initial grant to a State energy
office pursuant to this section, the Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report that describes, with respect to
each school that uses funds provided under this section--
(1) the projected quantity of energy savings of the school,
as compared to the baseline energy efficiency standard
applicable to a similar school that does not use--
(A) energy efficient technologies; or
(B) renewable energy;
(2) the projected amount of savings relating to reduced
operation and maintenance costs due to use by the school of--
(A) any energy efficiency technology; or
(B) renewable energy; and
(3) the level of participation of students and faculty
members of the school in each applicable energy efficiency
and renewable energy technology.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2008 through 2012.
______
SA 1709. Mr. ENZI proposed an amendment to the bill S. 277, to modify
the boundaries of Grand Teton National Park to include certain land
within the GT Park Subdivision, and for other purposes; as follows:
[[Page 16428]]
Strike section 4 and insert the following:
SEC. 4. CRAIG THOMAS DISCOVERY AND VISITOR CENTER.
(a) Findings.--Congress finds that--
(1) Craig Thomas was raised on a ranch just outside of
Cody, Wyoming, near Yellowstone National Park and Grand Teton
National Park, where he--
(A) began a lifelong association with those parks; and
(B) developed a deep and abiding dedication to the values
of the public land of the United States;
(2) during his 18-year tenure in Congress, including
service in both the Senate and the House of Representatives,
Craig Thomas forged a distinguished legislative record on
issues as diverse as public land management, agriculture,
fiscal responsibility, and rural health care;
(3) as Chairman and Ranking Member of the National Parks
Subcommittee of the Committee on Energy and Natural Resources
of the Senate and a frequent visitor to many units of the
National Park System, including Yellowstone National Park and
Grand Teton National Park, Craig Thomas was a strong
proponent for ensuring that people of all ages and abilities
had a wide range of opportunities to learn more about the
natural and cultural heritage of the United States;
(4) Craig Thomas authored legislation to provide critical
funding and management reforms to protect units of the
National Park System into the 21st century, ensuring quality
visits to units of the National Park System and the
protection of natural and cultural resources;
(5) Craig Thomas strongly supported public-private
partnerships and collaboration between the National Park
Service and other organizations that foster new opportunities
for providing visitor services while encouraging greater
citizen involvement in the stewardship of units of the
National Park System;
(6) Craig Thomas was instrumental in obtaining the Federal
share for a public-private partnership with the Grand Teton
National Park Foundation and the Grand Teton Natural History
Association to construct a new discovery and visitor center
at Grand Teton National Park;
(7) on June 4, 2007, Craig Thomas passed away after
battling cancer for 7 months;
(8) Craig Thomas is survived by his wife, Susan, and
children, Patrick, Greg, Peter, and Lexie; and
(9) in memory of the distinguished career of service of
Craig Thomas to the people of the United States, the
dedication of Craig Thomas to units of the National Park
System, generally, and to Grand Teton National Park,
specifically, and the critical role of Craig Thomas in the
new discovery and visitor center at Grand Teton National
Park, the Grand Teton Discovery and Visitor Center should be
designated as the ``Craig Thomas Discovery and Visitor
Center''.
(b) The Craig Thomas Discovery and Visitor Center.--
(1) Designation.--The Grand Teton Discovery and Visitor
Center located in Moose, Wyoming, and scheduled for
completion in August 2007 shall be known and designated as
the ``Craig Thomas Discovery and Visitor Center''.
(2) Reference.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Grand Teton Discovery and Visitor Center referred to in
paragraph (1) shall be deemed to be a reference to the
``Craig Thomas Discovery and Visitor Center''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary
such sums as are necessary to carry out this Act.
______
SA 1710. Mr. FEINGOLD (for himself, Mr. Sanders, and Mr. Menendez)
submitted an amendment intended to be proposed to amendment SA 1502
proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's
dependency on foreign oil by investing in clean, renewable, and
alternative energy resources, promoting new emerging energy
technologies, developing greater efficiency, and creating a Strategic
Energy Efficiency and Renewables Reserve to invest in alternative
energy, and for other purposes; which was ordered to lie on the table;
as follows:
On page 166, strike lines 17 through 19, and insert the
following:
``(1) to reduce fossil fuel emissions created as a result
of activities within the boundaries of the States or units of
local government in an environmentally sustainable way that,
to the maximum extent practicable, maximizes benefits for
local and regional communities;
______
SA 1711. Mr. PRYOR (for himself, Mr. Bond, Mr. Levin, Mr. Voinovich,
Ms. Stabenow, and Mrs. McCaskill) submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
to reduce our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 239, strike line 16 and all that follows through
page 277, line 5 and insert the following:
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
SEC. 501. INCREASING THE EFFICIENCY OF AUTOMOBILES.
(a) Definitions.--In this section:
(1) Automobile.--The term ``automobile'' means, as defined
in regulations promulgated by the Administrator of the
Environmental Protection Agency that are in effect on the
date of the enactment of this Act--
(A) a light-duty truck; or
(B) a light-duty vehicle.
(2) Alternative fuel.--The term ``alternative fuel'' has
the meaning given the term in section 32901(a) of title 49,
United States Code.
(3) E85.--The term ``E85'' means a fuel blend containing 85
percent denatured ethanol and 15 percent gasoline by volume.
(4) Flexible fuel automobile.--The term ``flexible fuel
automobile'' means an automobile warrantied by the
manufacturer of the vehicle to operate on any combination of
gasoline, E85, and M85 or diesel fuel blends containing not
less than 20 percent non-petroleum based fuel alternatives.
(5) Hybrid motor vehicle.--The term ``hybrid motor
vehicle'' means a new qualified hybrid motor vehicle (as
defined in section 30B(d)(3) of the Internal Revenue Code of
1986) that achieves at least 125 percent of the model year
2002 city fuel economy.
(6) M85.--The term ``M85'' means a fuel blend containing 85
percent methanol and 15 percent gasoline by volume.
(7) Plug-in hybrid automobile.--The term ``plug-in hybrid
automobile'' means a hybrid automobile that--
(A) has an onboard, rechargeable storage device capable of
propelling the vehicle by electricity for at least 10 miles;
and
(B) achieves at least 125 percent of the model year 2002
city fuel economy.
(8) Qualified automobile.--The term ``qualified
automobile'' means--
(A) a new advanced lean burn technology motor vehicle (as
defined in section 30B(c)(3) of the Internal Revenue Code of
1986) that achieves at least 125 percent of the model year
2002 city fuel economy;
(B) an alternative fueled automobile (as defined in section
32901(a) of title 49, United States Code);
(C) a flexible fuel automobile;
(D) a new qualified fuel cell motor vehicle (as defined in
section 30B(b)(3) of the Internal Revenue Code of 1986);
(E) a hybrid automobile;
(F) a plug-in hybrid automobile;
(G) an electric automobile;
(H) a hydrogen internal combustion engine automobile; and
(I) any other appropriate automobile that uses
substantially new technology and achieves at least 175
percent of the model year 2002 city fuel economy, as
determined by the Secretary of Transportation, by regulation.
(b) Requirements.--
(1) In general.--For each model year, the percentage of new
automobiles manufactured by a manufacturer for sale in the
United States that are qualified automobiles shall be not
less than the corresponding percentage in the following
table:
For model year: The percentage that are qualified
automobiles shall be not less than:
2012.........................................................20 percent
2013.........................................................30 percent
2014.........................................................40 percent
2015 and thereafter..........................................50 percent
(2) New technology.--Not less than 10 percent of the number
of qualified automobiles required to be manufactured by a
manufacturer for sale in the United States in each model year
after 2016 pursuant to paragraph (1), shall be--
(A) hybrid automobiles;
(B) plug-in hybrid automobiles;
(C) new advanced lean burn technology motor vehicles (as
defined in section 30B(c)(3) of the Internal Revenue Code of
1986);
(D) new qualified fuel cell motor vehicles (as defined in
section 30B(b)(3) of the Internal Revenue Code of 1986);
(E) electric automobiles; or
(F) any other appropriate automobile that uses
substantially new technology and achieves at least 175
percent of the model year 2002 combined fuel economy, as
determined by the Secretary of Transportation, by regulation.
(c) Qualified Automobile Credits.--
(1) In general.--The Secretary shall issue qualified
automobile production credits to manufacturers for
automobiles manufactured for model year 2012 and for each
subsequent model year, in accordance with this subsection.
(2) Effect of credit.--Each credit issued to a manufacturer
under this subsection shall reduce the qualified automobile
mandate requirement under subsection (b)(1) by 1
[[Page 16429]]
automobile for the model year to which the credit applies.
(3) Rate of credit issuance.--For each qualified automobile
(except for automobiles described in subparagraphs (B) and
(C) of subsection (a)(8)) manufactured for model year 2012,
2013, 2014, 2015, or 2016, the manufacturer shall be issued--
(A) 1.25 qualified automobile production credits if the
combined fuel economy for such automobile is greater than 110
percent and less than 125 percent of the combined fuel
economy of the model year 2002 inertia weight class;
(B) 1.5 qualified automobile production credits if the
combined fuel economy for such automobile is at least 125
percent and less than 150 percent of the combined fuel
economy of the model year 2002 inertia weight class;
(C) 2.0 qualified automobile production credits if the
combined fuel economy for such automobile is at least 150
percent and less than 175 percent of the combined fuel
economy of the model year 2002 inertia weight class; and
(D) 3.0 qualified automobile production credits if the
combined fuel economy for such automobile is at least 175
percent of the combined fuel economy of the model year 2002
inertia weight class;
(4) Defined term.--For purposes of this paragraph, the term
``model year 2002 inertia weight class'' has the same meaning
as the term ``vehicle inertia weight class'' as defined in
Section 30B of the Internal Revenue Code of 1986.
(d) Rulemaking.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation
shall promulgate regulations to carry out this section.
SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES.
(a) Increased Standards.--Section 32902 of title 49, United
States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Nonpassenger Automobiles.--
``(1) Annual prescription of average fuel economy
standards.--
``(A) In general.--Not later than 18 months before the
beginning of each model year, the Secretary of Transportation
shall prescribe by regulation average fuel economy standards
for nonpassenger automobiles manufactured by a manufacturer
in that model year.
``(B) Standards based on class.--The Secretary may
prescribe separate standards for different classes of
nonpassenger automobiles.
``(C) Standards based on vehicle attributes.--The Secretary
may prescribe such standards based on vehicle attributes
pursuant to subsection (j).
``(D) Minimum standard.--Each standard prescribed under
this paragraph shall be the maximum feasible average fuel
economy level that the Secretary determines the manufacturers
can achieve in that model year, consistent with subsection
(e).
``(2) Average fuel economy standard for model years 2012
through 2014.--Not later than April 1, 2010, the Secretary
shall establish average fuel economy standards for
nonpassenger automobiles for each of the model years 2012,
2013, and 2014. Each such standard shall be set at the
maximum feasible average fuel economy level that the
Secretary determines the manufacturers can achieve in each
such model year.
``(3) Average fuel economy standard for model year 2015.--
Not later than April 1, 2013, the Secretary shall establish
the average fuel economy standard for nonpassenger
automobiles for model year 2015--
``(A) at least 25.3 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(4) Average fuel economy standard for model years 2016
through 2019.--Not later than April 1, 2014, the Secretary
shall establish average fuel economy standards for
nonpassenger automobiles for each of the model years 2016,
2017, 2018, and 2019. Each such standard shall be set at the
maximum feasible average fuel economy level that the
Secretary determines the manufacturers can achieve in each
such model year.
``(5) Average fuel economy standard for model year 2020.--
Not later than April 1, 2018, the Secretary shall establish
the average fuel economy standard for nonpassenger
automobiles for model year 2020--
``(A) at least 27.7 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(6) Average fuel economy standard for model years 2021
through 2024.--Not later than April 1, 2019, the Secretary
shall establish average fuel economy standards for
nonpassenger automobiles for each of the model years 2021,
2022, 2023, and 2024. Each such standard shall be set at the
maximum feasible average fuel economy level that the
Secretary determines the manufacturers can achieve in each
such model year.
``(7) Average fuel economy standard for model years 2025
and thereafter.--Not later than April 1, 2023, the Secretary
shall establish the average fuel economy standard for
nonpassenger automobiles for model year 2025 and each
subsequent model year--
``(A) at least 30 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).''; and
(2) by amending subsection (b) to read as follows:
``(b) Passenger Automobiles.--
``(1) Annual prescription of average fuel economy
standards.--
``(A) In general.--Not later than 18 months before the
beginning of each model year after model year 2011, the
Secretary of Transportation shall prescribe by regulation
average fuel economy standards for passenger automobiles
manufactured by a manufacturer in that model year.
``(B) Authority for prescription of differing standards
based on class.--The Secretary may prescribe separate
standards for different classes of passenger automobiles.
``(C) Standards based on vehicle attributes.--The Secretary
may prescribe such standards based on vehicle attributes
pursuant to subsection (j).
``(D) Minimum standard.--Each standard prescribed under
this paragraph shall be the maximum feasible average fuel
economy level that the Secretary determines the manufacturers
can achieve in that model year, consistent with subsection
(e).
``(2) Average fuel economy standard for model year 2012.--
Not later than April 1, 2010, the Secretary shall establish
the average fuel economy standard for passenger automobiles
for model year 2012--
``(A) at least 29 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(3) Average fuel economy standard for model years 2013
through 2016.--Not later than April 1, 2011, the Secretary
shall establish average fuel economy standards for passenger
automobiles for each of the model years 2013, 2014, 2015, and
2016. Each such standard shall be set at the maximum feasible
average fuel economy level that the Secretary determines the
manufacturers can achieve in each such model year.
``(4) Average fuel economy standard for model years 2017.--
Not later than April 1, 2015, the Secretary shall establish
the average fuel economy standard for passenger automobiles
for model year 2017--
``(A) at least 32.5 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(5) Average fuel economy standard for model years 2018
through 2021.--Not later than April 1, 2016, the Secretary
shall establish average fuel economy standards for passenger
automobiles for model years 2018, 2019, 2020, and 2021. Each
such standard shall be set at the maximum feasible average
fuel economy level that the Secretary determines the
manufacturers can achieve in each such model year.
``(6) Average fuel economy standard for model years 2022
and thereafter.--Not later than April 1, 2020, the Secretary
shall establish the average fuel economy standard for
passenger automobiles for model year 2022 and each subsequent
model year--
``(A) at least 36 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(7) Minimum for average fuel economy standards based on
vehicle attributes.--
``(A) In general.--Notwithstanding any other provision of
this section, for any model year in which the Secretary
prescribes average fuel economy standards for passenger
automobiles on the basis of vehicle attributes pursuant to
subsection (j), the average fuel economy standard for
passenger automobiles manufactured by a manufacturer in that
model year shall also provide for an alternative minimum
standard that shall apply only to a manufacturer's
domestically manufactured passenger automobiles, as
calculated under section 32904 as in effect on the day before
the date of the enactment of the Renewable Fuels, Consumer
Protection, and Energy Efficiency Act of 2007.
[[Page 16430]]
``(B) Alternative minimum standard.--The alternative
minimum standard referred to in subparagraph (A) shall be the
greater of--
``(i) 27.5 miles per gallon; or
``(ii) 92 percent of the average fuel economy projected by
the Secretary for the combined domestic and foreign fleets
manufactured for sale in the United States by all
manufacturers in that model year, which projection shall be
published in the Federal Register when the standard for that
model year is promulgated in accordance with this section.
``(C) Applicability.--The alternative minimum standard
under this paragraph shall apply to a manufacturer's
domestically manufactured passenger automobiles only if the
passenger automobile standard established on the basis of
vehicle attributes pursuant to subsection (j), excluding any
credits transferred by the manufacturer pursuant to
subsection (g) from other categories of automobiles described
in paragraph (5)(B), would allow that manufacturer to comply
with a less stringent passenger automobile standard than the
alternative minimum standard.''.
(b) Repeal of Authority to Amend Passenger Automobile Fuel
Economy Standards.--
(1) In general.--Section 32902 of title 49, United States
Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) through (j) as
subsections (c) through (i), respectively.
(2) Conforming amendments.--
(A) Section 32901(a)(12) of such title is amended by
striking ``section 32902(d)'' and inserting ``section
32902(c)''.
(B) Section 32902 of such title is amended--
(i) in subsection (c)(1), as redesignated by paragraph
(1)(B), by striking ``under subsection (b) or (c)'' and
inserting ``under subsection (b)'';
(ii) in subsection (d)(2), as redesignated by paragraph
(1)(B), by striking ``under subsection (a), (b), (c), or
(d)'' and inserting ``under subsection (a), (b), or (c)'';
(iii) in subsection (f), as redesignated by paragraph
(1)(B)--
(I) in paragraph (1)--
(aa) by striking ``under subsection (a) or (d)'' and
inserting ``under subsection (a), (b), or (c)''; and
(bb) by striking ``of subsection (a) or (d)'' and inserting
``of subsection (a), (b), or (c)''; and
(II) in paragraph (2), by striking ``(and submit the
amendment to Congress when required under subsection (c)(2)
of this section)'';
(iv) in subsection (g), as redesignated by paragraph
(1)(B), by striking ``carrying out subsections (c), (f), and
(g)'' and inserting ``carrying out subsections (a), (b), (e),
and (f)''; and
(v) in subsection (i), as redesignated by paragraph (1)(B),
by striking ``under subsection (a), (c), or (g) of this
section'' and inserting ``under subsection (a), (b), or
(f)''.
(C) Section 32904(a)(1)(B) of such title is amended by
striking ``section 32902(b)-(d)'' and inserting ``subsections
(b) and (c) of section 32902''.
(D) Section 32907(a)(4) of such title is amended by
striking ``section 32902(d)'' and inserting ``section
32902(c)''.
(E) Section 32909(b) of such title is amended by striking
``, except that a petition for review'' and all that follows
through ``referred to in section 32902(c)(2)''.
(F) Section 32917(b)(1)(B) of such title is amended by
striking ``or (c)''.
(c) Authority of the Secretary to Prescribe Standards Based
on Vehicle Attributes.--Section 32902 of title 49, United
States Code, as amended by this section, is further amended
by adding at the end the following:
``(j) Authority of the Secretary to Prescribe Standards
Based on Vehicle Attributes.--
``(1) In general.--The authority of the Secretary of
Transportation to prescribe by regulation average fuel
economy standards for passenger automobiles and nonpassenger
automobiles includes the authority to prescribe standards
based on vehicle attributes related to fuel economy and to
express any such attribute-based standard in the form of a
mathematical function.
``(2) Transition period.--If the Secretary prescribes
standards for passenger automobiles on the basis of vehicle
attributes, the Secretary shall provide a transition period
during the first 3 model years in which an attribute-based
standard would apply during which each manufacturer may elect
whether to comply with the attribute-based standard or with
the single corporate average fuel economy level prescribed
under subsection (b).
``(3) Prescription of standards for multiple years.--The
authority of the Secretary to prescribe by regulation average
fuel economy standards for automobiles includes the authority
to prescribe standards by issuing regulations governing more
than 1 model year at a time, up to 5 consecutive model
years.''.
(d) Technical and Conforming Amendments.--
(1) Section 32901(a) of title 49, United States Code, is
amended--
(A) by redesignating paragraph (16) as paragraph (17); and
(B) by inserting after paragraph (15) the following:
``(16) `nonpassenger automobile' means an automobile that
is not a passenger automobile; and''.
(2) Section 32903 of title 49, United States Code, is
amended--
(A) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsections (b) and (c) of
section 32902'';
(B) in subsection (a)(2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)''; and
(C) in subsection (e), by striking ``automobiles that are
not passenger automobiles'' and inserting ``nonpassenger
automobiles''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Transition for passenger automobiles.--The standard or
standards for passenger automobiles under the authority of
section 32902(b) of title 49, United States Code, in effect
on the day before the date of the enactment of this Act,
shall remain in effect until a standard for passenger
automobiles is established under the authority of section
32902(b) of such title, as amended by this section.
(3) Average fuel economy standard for nonpassenger
automobiles in model years through 2011.--The average fuel
economy standard for nonpassenger automobiles, under the
authority of section 32902(a) of such title for model years
through 2011, shall be the standard described in the final
rule issued by the National Highway Traffic Safety
Administration entitled ``Average Fuel Economy Standards for
Light Trucks Model Years 2008-2011'' (71 Fed. Reg. 17566), as
amended in a notice published by the National Highway Traffic
Safety Administration on April 14, 2006 (71 Fed. Reg. 19449).
SEC. 503. FUEL ECONOMY TARGET FOR COMMERCIAL MEDIUM-DUTY AND
HEAVY-DUTY ON-HIGHWAY VEHICLES.
Section 32902 of title 49, United States Code, as amended
by section 502, is further amended by adding at the end the
following:
``(k) Commercial Medium- and Heavy-Duty On-Highway
Vehicles.--
``(1) Study.--Not later than 18 months after the date of
the enactment of the Renewable Fuels, Consumer Protection,
and Energy Efficiency Act of 2007, the Secretary of
Transportation, in consultation with the Secretary of Energy
and the Administrator of the Environmental Protection Agency,
shall examine the fuel efficiency of commercial medium- and
heavy-duty on-highway vehicles and determine--
``(A) the appropriate test procedures and methodologies for
measuring commercial medium- and heavy-duty on-highway
vehicle fuel efficiency;
``(B) the appropriate metric for measuring and expressing
commercial medium- and heavy-duty on-highway vehicle fuel
efficiency performance, taking into consideration, among
other things, the work performed by such on-highway vehicles
and types of operations in which they are used;
``(C) the range of factors, including, without limitation,
design, functionality, use, duty cycle, infrastructure, and
total overall energy consumption and operating costs that
effect commercial medium- and heavy-duty on-highway vehicle
fuel efficiency; and
``(D) such other factors and conditions that could have an
impact on a program to improve commercial medium- and heavy-
duty on-highway vehicle fuel efficiency.
``(2) Rulemaking.--Not later than 24 months after
completion of the study required under paragraph (1), the
Secretary of Transportation, in consultation with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency, and based on the results of
that study, shall determine in a rulemaking procedure how to
implement a commercial medium- and heavy-duty on-highway
vehicle fuel efficiency improvement program and, as
appropriate, shall adopt test methods, measurement metrics,
fuel efficiency standards, and compliance and enforcement
protocols that are appropriate, cost-effective, and
technologically feasible for commercial medium- and heavy-
duty on-highway vehicles.
``(3) Lead-time; regulatory stability.--Any commercial
medium- and heavy-duty on-highway vehicle fuel efficiency
regulatory program adopted pursuant to this subsection shall
provide no less than 4 full model years of regulatory lead-
time and 3 full model years of regulatory stability.
``(4) Commercial medium- and heavy-duty on-highway vehicle
defined.--In this subsection, the term `commercial medium-
and heavy-duty on-highway vehicle' means a commercial on-
highway vehicle with a gross vehicle weight rating of more
than 10,000 pounds.''.
SEC. 504. CREDIT AVAILABILITY.
(a) In General.--Section 32903 of title 49, United States
Code, is amended--
(1) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsections (b) and (c) of
section 32902'';
(2) in subsection (a)--
(A) by striking ``3 consecutive model years'' each place it
appears and inserting ``5 consecutive model years''; and
[[Page 16431]]
(B) in paragraph (2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``paragraph (2) of this
subsection'' and inserting ``paragraph (2) and subsection
(g)''; and
(B) in paragraph (2), by striking ``3 model years'' and
inserting ``5 model years'';
(4) in subsection (e), by striking ``automobiles that are
not passenger automobiles'' and inserting ``nonpassenger
automobiles''; and
(5) by adding at the end the following:
``(g) Credit Transferring Within a Manufacturer's Fleet.--
``(1) Average fuel economy credit transferring program.--
The Secretary of Transportation shall establish, by
regulation, a corporate average fuel economy credit
transferring program to allow any manufacturer whose
automobiles exceed any of the average fuel economy standards
prescribed under section 32902 to transfer the credits earned
under this section and to apply them within that
manufacturer's fleet to a compliance category of automobiles
that fails to achieve the prescribed standards.
``(2) Availability of credits transferred.--Credits
transferred under this section are available to be used in
the same model years that the manufacturer could have applied
them under subsections (a), (b), (d) and (e) as well as for
the model year in which the manufacturer earned them. The
maximum increase in any compliance category attributable to
transferred credits is 1.0 mile per gallon in any single
model year.
``(3) Limitation on credit transfers to category of
passenger automobiles.--In the case of transfers to the
category of automobiles described in paragraph 5(B)(i), the
transfer is limited to the extent that the fuel economy level
of the manufacturer's fleet of passenger automobiles
manufactured domestically shall comply with the provisions
established under section 32902(b)(7), excluding any
transfers from other categories of automobiles described in
paragraph 5(B).
``(4) Effective date.--A credit transferred in conformance
with this section may only be so transferred if such credit
is earned no earlier than the first model year after the date
of the enactment of the Renewable Fuels, Consumer Protection,
and Energy Efficiency Act of 2007.
``(5) Definitions.--In this subsection:
``(A) Fleet.--The term `fleet' means all automobiles
manufactured by a manufacturer in a given model year.
``(B) Compliance category of automobiles.--The term
`compliance category of automobiles' means any of the 3
categories of automobiles for which compliance is separately
calculated under this chapter, namely--
``(i) passenger automobiles manufactured domestically;
``(ii) passenger automobiles not manufactured domestically;
and
``(iii) nonpassenger automobiles.''.
(b) Flexible Fueled Vehicles.--
(1) Extension of alternative fuel automobiles manufacturing
incentives.--Section 32905 of title 49, United States Code,
is amended--
(A) by striking ``1993-2010'' each place it appears and
inserting ``1993 through 2020.'';
(B) by striking subsections (f) and (g); and
(C) by redesignating subsection (h) as subsection (f).
(2) Extension of maximum increase period.--Section 32906(a)
of title 49, United States Code, is amended--
(A) by striking ``1993-2010'' and inserting ``1993 through
2020'';
(B) in paragraph (1)--
(i) in subparagraph (A), by striking ``(A)''; and
(ii) by striking subparagraph (B); and
(C) in paragraph (2), by striking ``described--'' and all
that follows and inserting ``is more than 1.2 miles per
gallon, the limitation in paragraph (1) applies.''.
SEC. 505. RESEARCH ON AND DEVELOPMENT OF LEAP-AHEAD
TECHNOLOGY.
(a) Program.--The Secretary of Energy (referred to in this
section as the ``Secretary''), in cooperation with heads of
other Federal agencies, shall carry out a comprehensive
program to develop advanced vehicle technologies (including
associated components and parts) that will offer--
(1) the potential for significantly-improved fuel economy;
and
(2) significant reductions in emissions.
(b) Components.--The program carried out under subsection
(a) shall include research and development in the areas of--
(1) advanced lightweight materials;
(2) advanced battery technology;
(3) hybrid systems, including--
(A) power electronics, electric motors, power control
units, and power controls;
(B) hydraulic accumulators or other energy storage devices;
and
(C) testing and analysis;
(4) plug-in hybrids;
(5) advanced clean diesel;
(6) hydrogen internal combustion engines;
(7) fuel cell technology;
(8) hydrogen storage;
(9) fuel cell membranes;
(10) cellulosic ethanol;
(11) biodiesel fuel;
(12) biodiesel fuel and technology;
(13) ethanol and biofuels technology; and
(14) such other related areas as the Secretary determines
to be appropriate.
(c) Advanced Lightweight Materials.--In carrying out this
section, the Secretary shall carry out an advanced
lightweight materials research and development program the
primary focuses of which shall include--
(1) the provision of--
(A) technical advice for compliance with applicable Federal
and State environmental requirements;
(B) assistance in identifying supply sources and securing
long-term contracts; and
(C) public outreach, education, and labeling materials; and
(2) the development of--
(A) low-cost, durable, abuse-tolerant lithium ion-based
chemistries or other advanced chemistries;
(B) advanced lightweight steels that provide a 30-percent
weight reduction;
(C) advanced lightweight metals (such as magnesium,
aluminum, and titanium);
(D) advanced composites, particularly carbon fiber
precursors and forming; and
(E) advanced forming and joining processes for lightweight
materials, including mixed materials (such as combinations of
steel, aluminum, magnesium, and carbon fiber into a single
assembly or vehicle).
(d) Advanced Batteries.--
(1) In general.--In carrying out this section, the
Secretary shall carry out an advanced battery program the
primary focuses of which shall be--
(A) research in the chemistry of exploratory battery
technologies (other than lithium ion batteries); and
(B) battery and battery systems production process research
and development.
(2) Industry alliance.--In carrying out the advanced
battery program under this subsection, the Secretary shall
competitively select an Industry Alliance to represent
participants who are private, for-profit firms headquartered
in the United States, the primary business of which is the
manufacturing of batteries and battery systems.
(3) Research.--
(A) Grants.--The Secretary shall carry out research
activities of the Initiative through competitively-awarded
grants to--
(i) researchers, including Industry Alliance participants;
(ii) small businesses;
(iii) National Laboratories; and
(iv) institutions of higher education.
(B) Industry alliance.--The Secretary shall annually
solicit from the Industry Alliance--
(i) comments to identify advanced battery technology needs
relevant to electric drive technology;
(ii) an assessment of the progress of research activities
of the Initiative; and
(iii) assistance in annually updating advanced battery
technology road maps.
(4) Availability to the public.--The information and road
maps developed under this subsection shall be available to
the public.
(5) Preference.--In making awards under this subsection,
the Secretary shall give preference to participants in the
Industry Alliance.
(6) Cost sharing.--In carrying out this subsection, the
Secretary shall require cost sharing in accordance with
section 120(b) of title 23, United States Code.
(e) Hybrid Systems.--In carrying out this section, the
Secretary shall carry out a program relating to hybrid
systems, the primary focus of which shall be research on and
development of--
(1) advanced electric traction systems and wheel motors;
(2) advanced power electronics;
(3) systems integration; and
(4) hydraulic accumulators or other energy storage devices.
(f) Plug-in Hybrids.--In carrying out this section, the
Secretary shall carry out a program relating to plug-in
hybrids, the primary focus of which shall be--
(1) research on and development of advanced batteries with
appropriate power to energy ratios necessary for minimum
electric range and vehicle performance, such as acceleration;
and
(2) the early demonstration of vehicles and infrastructure
through the provision of procurement assistance to fleet
purchasers.
(g) Advanced Clean Diesel.--In carrying out this section,
the Secretary shall carry out a program of research and
development relating to diesel combustion and emissions, the
primary focuses of which shall be--
(1) the development of clean-burn and after treatment
technologies, including advanced low-temperature combustion
(including homogeneous charge compression-ignition);
(2) the development of mixed mode operation that combines
attributes of compression- and spark-ignition engine
technologies;
(3) the integration of advanced technologies, including
increased expansion ratio, variable valve timing, reduced
friction, and improved exhaust gas heat recovery;
(4) the development of NOX after treatment
systems, including absorber-catalysts, selective catalytic
reduction, and lean NOX catalysts;
(5) the development of particulate matter after treatment
systems;
[[Page 16432]]
(6) the development of powertrain integration of engine and
after treatment systems; and
(7) enhancements in durability and reliability and
reduction of costs.
(h) Hydrogen Internal Combustion Engines.--In carrying out
this section, the Secretary shall carry out a program of
research and development relating to hydrogen internal
combustion engines, the primary focuses of which shall be--
(1) to advance hydrogen internal combustion engine
technology to a level at which the robustness and durability
of such an engine would be acceptable to real-world
customers; and
(2) to use those engines to provide an affordable
transition to a hydrogen economy by creating a demand for
hydrogen refueling infrastructure and bridging to hydrogen-
powered fuel cells.
(i) Fuel Cell Technology.--In carrying out this section,
the Secretary shall carry out a program of research and
development relating to fuel cell technology, the primary
focuses of which shall be research on and development of--
(1) fuel cell stack components and fuel cell manufacturing
processes; and
(2) materials resistant to hydrogen embrittlement.
(j) Hydrogen Storage.--In carrying out this section, the
Secretary shall carry out a program of research and
development relating to hydrogen storage, the primary focus
of which shall be research on and development of competitive
storage methods for sufficient quantities of hydrogen onboard
a vehicle (including a demonstration of hydrogen refueling
infrastructure for not less than 10 nor more than 20
stations)--
(1) to enable increased development and use of hydrogen
internal combustion engines and hydrogen-powered fuel cell
vehicles; and
(2) to meet or surpass the customer-discernable attributes
of vehicles available as of the date of enactment of this Act
with respect to range and cost per mile.
(k) Fuel Cell Membranes.--In carrying out this section, the
Secretary shall carry out a program of research and
development relating to fuel cell membranes, the primary
focuses of which shall be--
(1) the achievement of a fundamental understanding of the
catalytic materials for fuel cells; and
(2) the development of low-cost fuel cell membranes.
(l) Cellulosic Ethanol.--In carrying out this section, the
Secretary shall carry out a program of research and
development relating to cellulosic ethanol, the primary focus
of which shall be research on and development of enzymes
necessary for the production of cellulosic ethanol.
(m) Biodiesel Fuel.--In carrying out this section, the
Secretary shall carry out a program of research and
development relating to biodiesel fuel, the primary focuses
of which shall be--
(1) the development of a national B-20 standard;
(2) fundamental research on biomass-to-liquid alternatives;
(3) total lifecycle analyses of the total potential for
petroleum replacement, total fossil fuel replacement, or
greenhouse gas reductions for biodiesel options;
(4) an assessment of feedstock options; and
(5) an assessment of the effects on engine durability and
reliability including the effects due to fuel quality
variations, stability, and degradation parameters.
(n) Biodiesel Fuel and Technology.--In carrying out this
section, the Secretary shall carry out a program of research
and development relating to biodiesel fuel, the primary
focuses of which shall be--
(1) the evaluation and optimization of B-100 processing
variables to enhance blendstock stability, maintain uniform
quality and specifications, and reduce cost;
(2) the development and expansion of processing, blending,
and distribution infrastructure;
(3) the development of standardized labeling and dispensing
of equipment information;
(4) establishment of a consumer education outreach program;
(5) assessment and evaluation of biodiesel on advanced
engine (such as high-pressure injector) and after treatment
components; and
(6) assessment of the effects of biodiesel on advanced
combustion clean-burn strategies.
(o) Ethanol and Biofuels Technology.--In carrying out this
section, the Secretary shall carry out a program of research
and development relating to ethanol and biofuels technology,
the primary focus of which shall be research and development
into--
(1) ethanol and biofuels transport systems, such as truck,
rail, and pipelines;
(2) advanced high-efficiency combustion research for fuels,
such as E-85;
(3) materials compatibility for E-85 fuel;
(4) E-85 vehicle engineering and calibration to speed
conversion of systems; and
(5) advanced combustion and after-treatment systems to
support fuel efficiency gains
(p) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) to carry out subsection (a), $60,000,000 for each of
fiscal years 2008 through 2012;
(2) to carry out subsection (b), $143,000,000 for each of
the fiscal years 2008 through 2012;
(3) to conduct research and development into hybrid systems
(power electronics, electric motors, hydraulic accumulators,
other energy storage devices, testing, and analysis),
$64,000,000 for each of the fiscal years 2008 through 2012;
(4) to conduct research and development into plug-in
hybrids, $56,000,000 for each of the fiscal years 2008
through 2012;
(5) to conduct research and development into advanced clean
diesel, $54,000,000 for each of the fiscal years 2008 through
2010;
(6) to conduct research and development into hydrogen
internal combustion engines, $11,000,000 for each of the
fiscal years 2008 through 2012;
(7) to conduct research and development into fuel cell
technology, $40,000,000 for each of the fiscal years 2008
through 2012;
(8) to conduct research and development into hydrogen
storage, $88,000,000 for each of the fiscal years 2008
through 2012;
(9) to conduct research and development into fuel cell
membranes, $64,000,000 for each of the fiscal years 2008
through 2012;
(10) to conduct research and development into cellulosic
ethanol, $340,000,000 for each of the fiscal years 2008
through 2012;
(11) to conduct research and development into biodiesel
fuel and technology, $7,000,000 for each of the fiscal years
2008 through 2012; and
(12) to conduct research and development into ethanol
biofuels technology, $23,000,000 for each of the fiscal years
2008 through 2012.
SEC. 506. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS
RELATED TO ALTERNATIVE FUEL INFRASTRUCTURE.
(a) In General.--Title I of the Petroleum Marketing
Practices Act (15 U.S.C. 2801 et seq.) is amended by adding
at the end the following:
``SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF
ALTERNATIVE FUEL PUMPS.
``(a) Definition.--In this section:
``(1) Alternative fuel.--The term `alternative fuel' means
any fuel--
``(A) at least 85 percent of the volume of which consists
of ethanol, natural gas, compressed natural gas, liquefied
natural gas, liquefied petroleum gas, hydrogen, or any
combination of those fuels; or
``(B) any mixture of biodiesel (as defined in section
40A(d)(1) of the Internal Revenue Code of 1986) and diesel
fuel (as defined in section 4083(a)(3) of the Internal
Revenue Code of 1986), determined without regard to any use
of kerosene and containing at least 20 percent biodiesel.
``(2) Franchise-related document.--The term `franchise-
related document' means--
``(A) a franchise under this Act; and
``(B) any other contract or directive of a franchisor
relating to terms or conditions of the sale of fuel by a
franchisee.
``(b) Prohibitions.--
``(1) In general.--Notwithstanding any provision of a
franchise-related document in effect on the date of enactment
of this section, no franchisee or affiliate of a franchisee
shall be restricted from--
``(A) installing on the marketing premises of the
franchisee an alternative fuel pump or storage tank;
``(B) converting an existing tank and pump on the marketing
premises of the franchisee for alternative fuel use;
``(C) advertising (including through the use of signage or
logos) the sale of any alternative fuel;
``(D) selling alternative fuel in any specified area on the
marketing premises of the franchisee (including any area in
which a name or logo of a franchisor or any other entity
appears);
``(E) purchasing alternative fuel solely from the
franchisor if the franchisor does not offer its own renewable
fuel for sale by the franchisee;
``(F) listing alternative fuel availability or prices,
including on service station signs, fuel dispensers, or light
poles; or
``(G) allowing payment of alternative fuel with a credit
card.
``(2) Enforcement.--Any restriction described in paragraph
(1) that is contained in a franchise-related document and in
effect on the date of enactment of this section--
``(A) shall be considered to be null and void as of that
date; and
``(B) shall not be enforced under section 105.
``(c) Exception to 3-Grade Requirement.--No franchise-
related document that requires that 3 grades of gasoline be
sold by the applicable franchisee shall prevent the
franchisee from selling an alternative fuel in lieu of 1
grade of gasoline.''.
(b) Conforming Amendments.--
(1) In general.--Section 101(13) of the Petroleum Marketing
Practices Act (15 U.S.C. 2801(13)) is amended by adjusting
the indentation of subparagraph (C) appropriately.
(2) Table of contents.--The table of contents of the
Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is
amended by inserting after the item relating to section 106
the following:
``Sec. 107. Prohibition on restriction of installation of alternative
fuel pumps.''.
[[Page 16433]]
SEC. 507. PIPELINE FEASIBILITY STUDY.
(a) In General.--The Secretary of Energy, in consultation
with the Secretary of Transportation, shall conduct a study
of the feasibility of the construction of dedicated ethanol
pipelines.
(b) Factors.--In conducting the study, the Secretary of
Energy shall consider--
(1) the quantity of ethanol production that would make
dedicated pipelines economically viable;
(2) existing or potential barriers to dedicated ethanol
pipelines, including technical, siting, financing, and
regulatory barriers;
(3) market risk (including throughput risk) and means of
mitigating the risk;
(4) regulatory, financing, and siting options that would
mitigate risk in those areas and help ensure the construction
of 1 or more dedicated ethanol pipelines;
(5) financial incentives that may be necessary for the
construction of dedicated ethanol pipelines, including the
return on equity that sponsors of the initial dedicated
ethanol pipelines will require to invest in the pipelines;
(6) technical factors that may compromise the safe
transportation of ethanol in pipelines, including an
identification of any remedial or preventative measures to
ensure pipeline integrity; and
(7) such other factors as the Secretary of Energy considers
to be appropriate.
(c) Report.--Not later than 15 months after the date of
enactment of this Act, the Secretary of Energy shall submit
to Congress a report describing the results of the study
conducted under this section.
SEC. 508. PUBLIC ACCESS TO FEDERAL ALTERNATIVE REFUELING
STATIONS.
(a) Definitions.--In this section:
(1) Alternative fuel refueling station.--The term
``alternative fuel refueling station'' has the meaning given
the term ``qualified alternative fuel vehicle refueling
property'' in section 30C(c)(1) of the Internal Revenue Code
of 1986.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Access to Federal Alternative Refueling Stations.--Not
later than 18 months after the date of enactment of this
Act--
(1) except as provided in subsection (d)(1), any Federal
property that includes at least 1 fuel refueling station
shall include at least 1 alternative fuel refueling station;
and
(2) except as provided in subsection (d)(2), any
alternative fuel refueling station located on property owned
by the Federal government shall permit full public access for
the purpose of refueling using alternative fuel.
(c) Duration.--The requirements described in subsection (b)
shall remain in effect until the sooner of--
(1) the date that is 7 years after the date of enactment of
this Act; or
(2) the date on which the Secretary determines that not
less than 5 percent of the commercial refueling
infrastructure in the United States offers alternative fuels
to the general public.
(d) Exceptions.--
(1) Waiver.--Subsection (b)(1) shall not apply to any
Federal property under the jurisdiction of a Federal agency
if the Secretary determines that alternative fuel is not
reasonably available to retail purchasers of the fuel, as
certified by the head of the agency to the Secretary.
(2) National security exemption.--Subsection (b)(2) does
not apply to property of the Federal government that the
Secretary, in consultation with the Secretary of Defense, has
certified must be exempt for national security reasons.
(e) Report.--Not later than October 31 of each year
beginning after the date of enactment of this Act, the
President shall submit to Congress a report that describes
the progress of the agencies of the Federal Government
(including the Executive Office of the President) in
complying with--
(1) the Energy Policy Act of 1992 (42 U.S.C. 13201 et
seq.);
(2) Executive Order 13149 (65 Fed. Reg. 24595; relating to
greening the government through Federal fleet and
transportation efficiency); and
(3) the fueling center requirements of this section.
______
SA 1712. Mr. PRYOR (for himself, Mr. Bond, Mr. Levin, Mr. Voinovich,
Ms. Stabenow, and Mrs. McCaskill) submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
to reduce our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 239, strike line 16 and all that follows through
page 263, line 8 and insert the following:
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
SEC. 501. INCREASING THE EFFICIENCY OF AUTOMOBILES.
(a) Definitions.--In this section:
(1) Automobile.--The term ``automobile'' means, as defined
in regulations promulgated by the Administrator of the
Environmental Protection Agency that are in effect on the
date of the enactment of this Act--
(A) a light-duty truck;
(B) a light-duty vehicle; or
(C) a medium-duty passenger vehicle.
(2) Alternative fuel.--The term ``alternative fuel'' has
the meaning given the term in section 32901(a) of title 49,
United States Code.
(3) E85.--The term ``E85'' means a fuel blend containing 85
percent denatured ethanol and 15 percent gasoline by volume.
(4) Flexible fuel automobile.--The term ``flexible fuel
automobile'' means an automobile warrantied by the
manufacturer of the vehicle to operate on any combination of
gasoline, E85, and M85 or diesel fuel blends containing not
less than 20 percent non-petroleum based fuel alternatives.
(5) Hybrid motor vehicle.--The term ``hybrid motor
vehicle'' means a new qualified hybrid motor vehicle (as
defined in section 30B(d)(3) of the Internal Revenue Code of
1986) that achieves at least 125 percent of the model year
2002 city fuel economy.
(6) M85.--The term ``M85'' means a fuel blend containing 85
percent methanol and 15 percent gasoline by volume.
(7) Plug-in hybrid automobile.--The term ``plug-in hybrid
automobile'' means a hybrid automobile that--
(A) has an onboard, rechargeable storage device capable of
propelling the vehicle by electricity for at least 10 miles;
and
(B) achieves at least 125 percent of the model year 2002
city fuel economy.
(8) Qualified automobile.--The term ``qualified
automobile'' means--
(A) a new advanced lean burn technology motor vehicle (as
defined in section 30B(c)(3) of the Internal Revenue Code of
1986) that achieves at least 125 percent of the model year
2002 city fuel economy;
(B) an alternative fueled automobile (as defined in section
32901(a) of title 49, United States Code);
(C) a flexible fuel automobile;
(D) a new qualified fuel cell motor vehicle (as defined in
section 30B(b)(3) of the Internal Revenue Code of 1986);
(E) a hybrid automobile;
(F) a plug-in hybrid automobile;
(G) an electric automobile;
(H) a hydrogen internal combustion engine automobile; and
(I) any other appropriate automobile that uses
substantially new technology and achieves at least 175
percent of the model year 2002 city fuel economy, as
determined by the Secretary of Transportation, by regulation.
(b) Requirements.--
(1) In general.--For each model year, the percentage of new
automobiles manufactured by a manufacturer for sale in the
United States that are qualified automobiles shall be not
less than the corresponding percentage in the following
table:
For model year: The percentage that are qualified
automobiles shall be not less than:
2012.........................................................20 percent
2013.........................................................30 percent
2014.........................................................40 percent
2015 and thereafter..........................................50 percent
(2) New technology.--Not less than 10 percent of the number
of qualified automobiles required to be manufactured by a
manufacturer for sale in the United States in each model year
after 2016 pursuant to paragraph (1), shall be--
(A) hybrid automobiles;
(B) plug-in hybrid automobiles;
(C) new advanced lean burn technology motor vehicles (as
defined in section 30B(c)(3) of the Internal Revenue Code of
1986);
(D) new qualified fuel cell motor vehicles (as defined in
section 30B(b)(3) of the Internal Revenue Code of 1986);
(E) electric automobiles; or
(F) any other appropriate automobile that uses
substantially new technology and achieves at least 175
percent of the model year 2002 combined fuel economy, as
determined by the Secretary of Transportation, by regulation.
(c) Qualified Automobile Credits.--
(1) In general.--The Secretary shall issue qualified
automobile production credits to manufacturers for
automobiles manufactured for model year 2012 and for each
subsequent model year, in accordance with this subsection.
(2) Effect of credit.--Each credit issued to a manufacturer
under this subsection shall reduce the qualified automobile
mandate requirement under subsection (b)(1) by 1 automobile
for the model year to which the credit applies.
(3) Rate of credit issuance.--For each qualified automobile
(except for automobiles described in subparagraphs (B) and
(C) of subsection (a)(8)) manufactured for model year 2012,
2013, 2014, 2015, or 2016, the manufacturer shall be issued--
(A) 1.25 qualified automobile production credits if the
combined fuel economy for such automobile is greater than 110
percent and less than 125 percent of the combined fuel
economy of the model year 2002 inertia weight class;
[[Page 16434]]
(B) 1.5 qualified automobile production credits if the
combined fuel economy for such automobile is at least 125
percent and less than 150 percent of the combined fuel
economy of the model year 2002 inertia weight class;
(C) 2.0 qualified automobile production credits if the
combined fuel economy for such automobile is at least 150
percent and less than 175 percent of the combined fuel
economy of the model year 2002 inertia weight class; and
(D) 3.0 qualified automobile production credits if the
combined fuel economy for such automobile is at least 175
percent of the combined fuel economy of the model year 2002
inertia weight class;
(4) Defined term.--For purposes of this paragraph, the term
``model year 2002 inertia weight class'' has the same meaning
as the term ``vehicle inertia weight class'' as defined in
Section 30B of the Internal Revenue Code of 1986.
(d) Rulemaking.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation
shall promulgate regulations to carry out this section.
SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES.
(a) Increased Standards.--Section 32902 of title 49, United
States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Nonpassenger Automobiles.--
``(1) Annual prescription of average fuel economy
standards.--
``(A) In general.--Not later than 18 months before the
beginning of each model year, the Secretary of Transportation
shall prescribe by regulation average fuel economy standards
for nonpassenger automobiles manufactured by a manufacturer
in that model year.
``(B) Standards based on class.--The Secretary may
prescribe separate standards for different classes of
nonpassenger automobiles.
``(C) Standards based on vehicle attributes.--The Secretary
may prescribe such standards based on vehicle attributes
pursuant to subsection (j).
``(D) Minimum standard.--Each standard prescribed under
this paragraph shall be the maximum feasible average fuel
economy level that the Secretary determines the manufacturers
can achieve in that model year, consistent with subsection
(e).
``(2) Average fuel economy standard for model years 2012
through 2014.--Not later than April 1, 2010, the Secretary
shall establish average fuel economy standards for
nonpassenger automobiles for each of the model years 2012,
2013, and 2014. Each such standard shall be set at the
maximum feasible average fuel economy level that the
Secretary determines the manufacturers can achieve in each
such model year.
``(3) Average fuel economy standard for model year 2015.--
Not later than April 1, 2013, the Secretary shall establish
the average fuel economy standard for nonpassenger
automobiles for model year 2015--
``(A) at least 25.3 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(4) Average fuel economy standard for model years 2016
through 2019.--Not later than April 1, 2014, the Secretary
shall establish average fuel economy standards for
nonpassenger automobiles for each of the model years 2016,
2017, 2018, and 2019. Each such standard shall be set at the
maximum feasible average fuel economy level that the
Secretary determines the manufacturers can achieve in each
such model year.
``(5) Average fuel economy standard for model year 2020.--
Not later than April 1, 2018, the Secretary shall establish
the average fuel economy standard for nonpassenger
automobiles for model year 2020--
``(A) at least 27.7 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(6) Average fuel economy standard for model years 2021
through 2024.--Not later than April 1, 2019, the Secretary
shall establish average fuel economy standards for
nonpassenger automobiles for each of the model years 2021,
2022, 2023, and 2024. Each such standard shall be set at the
maximum feasible average fuel economy level that the
Secretary determines the manufacturers can achieve in each
such model year.
``(7) Average fuel economy standard for model years 2025
and thereafter.--Not later than April 1, 2023, the Secretary
shall establish the average fuel economy standard for
nonpassenger automobiles for model year 2025 and each
subsequent model year--
``(A) at least 30 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).''; and
(2) by amending subsection (b) to read as follows:
``(b) Passenger Automobiles.--
``(1) Annual prescription of average fuel economy
standards.--
``(A) In general.--Not later than 18 months before the
beginning of each model year after model year 2011, the
Secretary of Transportation shall prescribe by regulation
average fuel economy standards for passenger automobiles
manufactured by a manufacturer in that model year.
``(B) Authority for prescription of differing standards
based on class.--The Secretary may prescribe separate
standards for different classes of passenger automobiles.
``(C) Standards based on vehicle attributes.--The Secretary
may prescribe such standards based on vehicle attributes
pursuant to subsection (j).
``(D) Minimum standard.--Each standard prescribed under
this paragraph shall be the maximum feasible average fuel
economy level that the Secretary determines the manufacturers
can achieve in that model year, consistent with subsection
(e).
``(2) Average fuel economy standard for model year 2012.--
Not later than April 1, 2010, the Secretary shall establish
the average fuel economy standard for passenger automobiles
for model year 2012--
``(A) at least 29 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(3) Average fuel economy standard for model years 2013
through 2016.--Not later than April 1, 2011, the Secretary
shall establish average fuel economy standards for passenger
automobiles for each of the model years 2013, 2014, 2015, and
2016. Each such standard shall be set at the maximum feasible
average fuel economy level that the Secretary determines the
manufacturers can achieve in each such model year.
``(4) Average fuel economy standard for model years 2017.--
Not later than April 1, 2015, the Secretary shall establish
the average fuel economy standard for passenger automobiles
for model year 2017--
``(A) at least 32.5 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(5) Average fuel economy standard for model years 2018
through 2021.--Not later than April 1, 2016, the Secretary
shall establish average fuel economy standards for passenger
automobiles for model years 2018, 2019, 2020, and 2021. Each
such standard shall be set at the maximum feasible average
fuel economy level that the Secretary determines the
manufacturers can achieve in each such model year.
``(6) Average fuel economy standard for model years 2022
and thereafter.--Not later than April 1, 2020, the Secretary
shall establish the average fuel economy standard for
passenger automobiles for model year 2022 and each subsequent
model year--
``(A) at least 36 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(7) Minimum for average fuel economy standards based on
vehicle attributes.--
``(A) In general.--Notwithstanding any other provision of
this section, for any model year in which the Secretary
prescribes average fuel economy standards for passenger
automobiles on the basis of vehicle attributes pursuant to
subsection (j), the average fuel economy standard for
passenger automobiles manufactured by a manufacturer in that
model year shall also provide for an alternative minimum
standard that shall apply only to a manufacturer's
domestically manufactured passenger automobiles, as
calculated under section 32904 as in effect on the day before
the date of the enactment of the Renewable Fuels, Consumer
Protection, and Energy Efficiency Act of 2007.
``(B) Alternative minimum standard.--The alternative
minimum standard referred to in subparagraph (A) shall be the
greater of--
``(i) 27.5 miles per gallon; or
``(ii) 92 percent of the average fuel economy projected by
the Secretary for the combined domestic and foreign fleets
manufactured for sale in the United States by all
manufacturers in that model year, which projection shall be
published in the Federal Register when the standard for that
model year is promulgated in accordance with this section.
[[Page 16435]]
``(C) Applicability.--The alternative minimum standard
under this paragraph shall apply to a manufacturer's
domestically manufactured passenger automobiles only if the
passenger automobile standard established on the basis of
vehicle attributes pursuant to subsection (j), excluding any
credits transferred by the manufacturer pursuant to
subsection (g) from other categories of automobiles described
in paragraph (5)(B), would allow that manufacturer to comply
with a less stringent passenger automobile standard than the
alternative minimum standard.''.
(b) Repeal of Authority To Amend Passenger Automobile Fuel
Economy Standards.--
(1) In general.--Section 32902 of title 49, United States
Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) through (j) as
subsections (c) through (i), respectively.
(2) Conforming amendments.--
(A) Section 32901(a)(12) of such title is amended by
striking ``section 32902(d)'' and inserting ``section
32902(c)''.
(B) Section 32902 of such title is amended--
(i) in subsection (c)(1), as redesignated by paragraph
(1)(B), by striking ``under subsection (b) or (c)'' and
inserting ``under subsection (b)'';
(ii) in subsection (d)(2), as redesignated by paragraph
(1)(B), by striking ``under subsection (a), (b), (c), or
(d)'' and inserting ``under subsection (a), (b), or (c)'';
(iii) in subsection (f), as redesignated by paragraph
(1)(B)--
(I) in paragraph (1)--
(aa) by striking ``under subsection (a) or (d)'' and
inserting ``under subsection (a), (b), or (c)''; and
(bb) by striking ``of subsection (a) or (d)'' and inserting
``of subsection (a), (b), or (c)''; and
(II) in paragraph (2), by striking ``(and submit the
amendment to Congress when required under subsection (c)(2)
of this section)'';
(iv) in subsection (g), as redesignated by paragraph
(1)(B), by striking ``carrying out subsections (c), (f), and
(g)'' and inserting ``carrying out subsections (a), (b), (e),
and (f)''; and
(v) in subsection (i), as redesignated by paragraph (1)(B),
by striking ``under subsection (a), (c), or (g) of this
section'' and inserting ``under subsection (a), (b), or
(f)''.
(C) Section 32904(a)(1)(B) of such title is amended by
striking ``section 32902(b)-(d)'' and inserting ``subsections
(b) and (c) of section 32902''.
(D) Section 32907(a)(4) of such title is amended by
striking ``section 32902(d)'' and inserting ``section
32902(c)''.
(E) Section 32909(b) of such title is amended by striking
``, except that a petition for review'' and all that follows
through ``referred to in section 32902(c)(2)''.
(F) Section 32917(b)(1)(B) of such title is amended by
striking ``or (c)''.
(c) Authority of the Secretary To Prescribe Standards Based
on Vehicle Attributes.--Section 32902 of title 49, United
States Code, as amended by this section, is further amended
by adding at the end the following:
``(j) Authority of the Secretary To Prescribe Standards
Based on Vehicle Attributes.--
``(1) In general.--The authority of the Secretary of
Transportation to prescribe by regulation average fuel
economy standards for passenger automobiles and nonpassenger
automobiles includes the authority to prescribe standards
based on vehicle attributes related to fuel economy and to
express any such attribute-based standard in the form of a
mathematical function.
``(2) Transition period.--If the Secretary prescribes
standards for passenger automobiles on the basis of vehicle
attributes, the Secretary shall provide a transition period
during the first 3 model years in which an attribute-based
standard would apply during which each manufacturer may elect
whether to comply with the attribute-based standard or with
the single corporate average fuel economy level prescribed
under subsection (b).
``(3) Prescription of standards for multiple years.--The
authority of the Secretary to prescribe by regulation average
fuel economy standards for automobiles includes the authority
to prescribe standards by issuing regulations governing more
than 1 model year at a time, up to 5 consecutive model
years.''.
(d) Technical and Conforming Amendments.--
(1) Section 32901(a) of title 49, United States Code, is
amended--
(A) by redesignating paragraph (16) as paragraph (17); and
(B) by inserting after paragraph (15) the following:
``(16) `nonpassenger automobile' means an automobile that
is not a passenger automobile; and''.
(2) Section 32903 of title 49, United States Code, is
amended--
(A) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsections (b) and (c) of
section 32902'';
(B) in subsection (a)(2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)''; and
(C) in subsection (e), by striking ``automobiles that are
not passenger automobiles'' and inserting ``nonpassenger
automobiles''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Transition for passenger automobiles.--The standard or
standards for passenger automobiles under the authority of
section 32902(b) of title 49, United States Code, in effect
on the day before the date of the enactment of this Act,
shall remain in effect until a standard for passenger
automobiles is established under the authority of section
32902(b) of such title, as amended by this section.
(3) Average fuel economy standard for nonpassenger
automobiles in model years through 2011.--The average fuel
economy standard for nonpassenger automobiles, under the
authority of section 32902(a) of such title for model years
through 2011, shall be the standard described in the final
rule issued by the National Highway Traffic Safety
Administration entitled ``Average Fuel Economy Standards for
Light Trucks Model Years 2008-2011'' (71 Fed. Reg. 17566), as
amended in a notice published by the National Highway Traffic
Safety Administration on April 14, 2006 (71 Fed. Reg. 19449).
SEC. 503. FUEL EFFICIENCY TARGET FOR COMMERCIAL MEDIUM-DUTY
AND HEAVY-DUTY ON-HIGHWAY VEHICLES.
Section 32902 of title 49, United States Code, as amended
by section 502, is further amended by adding at the end the
following:
``(k) Commercial Medium- and Heavy-Duty On-Highway
Vehicles.--
``(1) Study.--Not later than 18 months after the date of
the enactment of the Renewable Fuels, Consumer Protection,
and Energy Efficiency Act of 2007, the Secretary of
Transportation, in consultation with the Secretary of Energy
and the Administrator of the Environmental Protection Agency,
shall examine the fuel efficiency of commercial medium- and
heavy-duty on-highway vehicles and determine--
``(A) the appropriate test procedures and methodologies for
measuring commercial medium- and heavy-duty on-highway
vehicle fuel efficiency;
``(B) the appropriate metric for measuring and expressing
commercial medium- and heavy-duty on-highway vehicle fuel
efficiency performance, taking into consideration, among
other things, the work performed by such on-highway vehicles
and types of operations in which they are used;
``(C) the range of factors, including, without limitation,
design, functionality, use, duty cycle, infrastructure, and
total overall energy consumption and operating costs that
effect commercial medium- and heavy-duty on-highway vehicle
fuel efficiency; and
``(D) such other factors and conditions that could have an
impact on a program to improve commercial medium- and heavy-
duty on-highway vehicle fuel efficiency.
``(2) Rulemaking.--Not later than 24 months after
completion of the study required under paragraph (1), the
Secretary of Transportation, in consultation with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency, and based on the results of
that study, shall determine in a rulemaking procedure how to
implement a commercial medium- and heavy-duty on-highway
vehicle fuel efficiency improvement program and, as
appropriate, shall adopt test methods, measurement metrics,
fuel efficiency targets, and compliance and enforcement
protocols that are appropriate, cost-effective, and
technologically feasible for commercial medium- and heavy-
duty on-highway vehicles.
``(3) Lead-time; regulatory stability.--Any commercial
medium- and heavy-duty on-highway vehicle fuel efficiency
regulatory program adopted pursuant to this subsection shall
provide no less than 4 full model years of regulatory lead-
time and 3 full model years of regulatory stability.
``(4) Commercial medium- and heavy-duty on-highway vehicle
defined.--In this subsection, the term `commercial medium-
and heavy-duty on-highway vehicle' means a commercial on-
highway vehicle with a gross vehicle weight rating of more
than 10,000 pounds.''.
SEC. 504. CREDIT AVAILABILITY.
(a) In General.--Section 32903 of title 49, United States
Code, is amended--
(1) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsections (b) and (c) of
section 32902'';
(2) in subsection (a)--
(A) by striking ``3 consecutive model years'' each place it
appears and inserting ``5 consecutive model years''; and
(B) in paragraph (2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``paragraph (2) of this
subsection'' and inserting ``paragraph (2) and subsection
(g)''; and
(B) in paragraph (2), by striking ``3 model years'' and
inserting ``5 model years'';
(4) in subsection (e), by striking ``automobiles that are
not passenger automobiles'' and inserting ``nonpassenger
automobiles''; and
(5) by adding at the end the following:
[[Page 16436]]
``(g) Credit Transferring Within a Manufacturer's Fleet.--
``(1) Average fuel economy credit transferring program.--
The Secretary of Transportation shall establish, by
regulation, a corporate average fuel economy credit
transferring program to allow any manufacturer whose
automobiles exceed any of the average fuel economy standards
prescribed under section 32902 to transfer the credits earned
under this section and to apply them within that
manufacturer's fleet to a compliance category of automobiles
that fails to achieve the prescribed standards.
``(2) Availability of credits transferred.--Credits
transferred under this section are available to be used in
the same model years that the manufacturer could have applied
them under subsections (a), (b), (d) and (e) as well as for
the model year in which the manufacturer earned them. The
maximum increase in any compliance category attributable to
transferred credits is 1.0 mile per gallon in any single
model year.
``(3) Limitation on credit transfers to category of
passenger automobiles.--In the case of transfers to the
category of automobiles described in paragraph 5(B)(i), the
transfer is limited to the extent that the fuel economy level
of the manufacturer's fleet of passenger automobiles
manufactured domestically shall comply with the provisions
established under section 32902(b)(7), excluding any
transfers from other categories of automobiles described in
paragraph 5(B).
``(4) Effective date.--A credit transferred in conformance
with this section may only be so transferred if such credit
is earned no earlier than the first model year after the date
of the enactment of the Renewable Fuels, Consumer Protection,
and Energy Efficiency Act of 2007.
``(5) Definitions.--In this subsection:
``(A) Fleet.--The term `fleet' means all automobiles
manufactured by a manufacturer in a given model year.
``(B) Compliance category of automobiles.--The term
`compliance category of automobiles' means any of the 3
categories of automobiles for which compliance is separately
calculated under this chapter, namely--
``(i) passenger automobiles manufactured domestically;
``(ii) passenger automobiles not manufactured domestically;
and
``(iii) nonpassenger automobiles.''.
(b) Flexible Fueled Vehicles.--
(1) Extension of alternative fuel automobiles manufacturing
incentives.--Section 32905 of title 49, United States Code,
is amended--
(A) by striking ``1993-2010'' each place it appears and
inserting ``1993 through 2020.'';
(B) by striking subsections (f) and (g); and
(C) by redesignating subsection (h) as subsection (f).
(2) Extension of maximum increase period.--Section 32906(a)
of title 49, United States Code, is amended--
(A) by striking ``1993-2010'' and inserting ``1993 through
2020'';
(B) in paragraph (1)--
(i) in subparagraph (A), by striking ``(A)''; and
(ii) by striking subparagraph (B); and
(C) in paragraph (2), by striking ``described--'' and all
that follows and inserting ``is more than 1.2 miles per
gallon, the limitation in paragraph (1) applies.''.
SEC. 505. RESEARCH ON AND DEVELOPMENT OF LEAP-AHEAD
TECHNOLOGY.
(a) Program.--The Secretary of Energy (referred to in this
section as the ``Secretary''), in cooperation with heads of
other Federal agencies, shall carry out a comprehensive
program to develop advanced vehicle technologies (including
associated components and parts) that will offer--
(1) the potential for significantly-improved fuel economy;
and
(2) significant reductions in emissions.
(b) Components.--The program carried out under subsection
(a) shall include research and development in the areas of--
(1) advanced lightweight materials;
(2) advanced battery technology and battery systems;
(3) hybrid systems, including--
(A) power electronics, electric motors, power control
units, and power controls;
(B) hydraulic accumulators or other energy storage devices;
and
(C) testing and analysis;
(4) plug-in hybrids;
(5) advanced clean diesel;
(6) hydrogen internal combustion engines;
(7) fuel cell technology;
(8) hydrogen storage;
(9) fuel cell membranes;
(10) cellulosic ethanol;
(11) biodiesel fuel;
(12) biodiesel fuel and technology;
(13) ethanol and biofuels technology; and
(14) such other related areas as the Secretary determines
to be appropriate.
(c) Advanced Lightweight Materials.--In carrying out this
section, the Secretary shall carry out an advanced
lightweight materials research and development program the
primary focuses of which shall include--
(1) the provision of--
(A) technical advice for compliance with applicable Federal
and State environmental requirements;
(B) assistance in identifying supply sources and securing
long-term contracts; and
(C) public outreach, education, and labeling materials; and
(2) the development of--
(A) low-cost, durable, abuse-tolerant lithium ion-based
chemistries or other advanced chemistries;
(B) advanced lightweight steels that provide a 30-percent
weight reduction;
(C) advanced lightweight metals (such as magnesium,
aluminum, and titanium);
(D) advanced composites, particularly carbon fiber
precursors and forming; and
(E) advanced forming and joining processes for lightweight
materials, including mixed materials (such as combinations of
steel, aluminum, magnesium, and carbon fiber into a single
assembly or vehicle).
(d) Advanced Batteries.--
(1) In general.--In carrying out this section, the
Secretary shall carry out an advanced battery program the
primary focuses of which shall be--
(A) research in the chemistry of exploratory battery
technologies (other than lithium ion batteries); and
(B) battery and battery systems production process research
and development.
(2) Industry alliance.--In carrying out the advanced
battery program under this subsection, the Secretary shall
competitively select an Industry Alliance to represent
participants who are private, for-profit firms headquartered
in the United States, the primary business of which is the
manufacturing of batteries and battery systems.
(3) Research.--
(A) Grants.--The Secretary shall carry out research
activities of the Initiative through competitively-awarded
grants to--
(i) researchers, including Industry Alliance participants;
(ii) small businesses;
(iii) National Laboratories; and
(iv) institutions of higher education.
(B) Industry alliance.--The Secretary shall annually
solicit from the Industry Alliance--
(i) comments to identify advanced battery technology needs
relevant to electric drive technology;
(ii) an assessment of the progress of research activities
of the Initiative; and
(iii) assistance in annually updating advanced battery
technology road maps.
(4) Availability to the public.--The information and road
maps developed under this subsection shall be available to
the public.
(5) Preference.--In making awards under this subsection,
the Secretary shall give preference to participants in the
Industry Alliance.
(6) Cost sharing.--In carrying out this subsection, the
Secretary shall require cost sharing in accordance with
section 120(b) of title 23, United States Code.
(e) Hybrid Systems.--In carrying out this section, the
Secretary shall carry out a program relating to hybrid
systems, the primary focus of which shall be research on and
development of--
(1) advanced electric traction systems and wheel motors;
(2) advanced power electronics;
(3) systems integration; and
(4) hydraulic accumulators or other energy storage devices.
(f) Plug-in Hybrids.--In carrying out this section, the
Secretary shall carry out a program relating to plug-in
hybrids, the primary focus of which shall be--
(1) research on and development of advanced batteries with
appropriate power to energy ratios necessary for minimum
electric range and vehicle performance, such as acceleration;
and
(2) the early demonstration of vehicles and infrastructure
through the provision of procurement assistance to fleet
purchasers.
(g) Advanced Clean Diesel.--In carrying out this section,
the Secretary shall carry out a program of research and
development relating to diesel combustion and emissions, the
primary focuses of which shall be--
(1) the development of clean-burn and after treatment
technologies, including advanced low-temperature combustion
(including homogeneous charge compression-ignition);
(2) the development of mixed mode operation that combines
attributes of compression- and spark-ignition engine
technologies;
(3) the integration of advanced technologies, including
increased expansion ratio, variable valve timing, reduced
friction, and improved exhaust gas heat recovery;
(4) the development of NOx after treatment
systems, including absorber-catalysts, selective catalytic
reduction, and lean NOx catalysts;
(5) the development of particulate matter after treatment
systems;
(6) the development of powertrain integration of engine and
after treatment systems; and
(7) enhancements in durability and reliability and
reduction of costs.
(h) Hydrogen Internal Combustion Engines.--In carrying out
this section, the Secretary shall carry out a program of
research and development relating to hydrogen internal
combustion engines, the primary focuses of which shall be--
(1) to advance hydrogen internal combustion engine
technology to a level at which
[[Page 16437]]
the robustness and durability of such an engine would be
acceptable to real-world customers; and
(2) to use those engines to provide an affordable
transition to a hydrogen economy by creating a demand for
hydrogen refueling infrastructure and bridging to hydrogen-
powered fuel cells.
(i) Fuel Cell Technology.--In carrying out this section,
the Secretary shall carry out a program of research and
development relating to fuel cell technology, the primary
focuses of which shall be research on and development of--
(1) fuel cell stack components and fuel cell manufacturing
processes; and
(2) materials resistant to hydrogen embrittlement.
(j) Hydrogen Storage.--In carrying out this section, the
Secretary shall carry out a program of research and
development relating to hydrogen storage, the primary focus
of which shall be research on and development of competitive
storage methods for sufficient quantities of hydrogen onboard
a vehicle (including a demonstration of hydrogen refueling
infrastructure for not less than 10 nor more than 20
stations)--
(1) to enable increased development and use of hydrogen
internal combustion engines and hydrogen-powered fuel cell
vehicles; and
(2) to meet or surpass the customer-discernable attributes
of vehicles available as of the date of enactment of this Act
with respect to range and cost per mile.
(k) Fuel Cell Membranes.--In carrying out this section, the
Secretary shall carry out a program of research and
development relating to fuel cell membranes, the primary
focuses of which shall be--
(1) the achievement of a fundamental understanding of the
catalytic materials for fuel cells; and
(2) the development of low-cost fuel cell membranes.
(l) Cellulosic Ethanol.--In carrying out this section, the
Secretary shall carry out a program of research and
development relating to cellulosic ethanol, the primary focus
of which shall be research on and development of enzymes
necessary for the production of cellulosic ethanol.
(m) Biodiesel Fuel.--In carrying out this section, the
Secretary shall carry out a program of research and
development relating to biodiesel fuel, the primary focuses
of which shall be--
(1) the development of a national B-20 standard;
(2) fundamental research on biomass-to-liquid alternatives;
(3) total lifecycle analyses of the total potential for
petroleum replacement, total fossil fuel replacement, or
greenhouse gas reductions for biodiesel options;
(4) an assessment of feedstock options; and
(5) an assessment of the effects on engine durability and
reliability including the effects due to fuel quality
variations, stability, and degradation parameters.
(n) Biodiesel Fuel and Technology.--In carrying out this
section, the Secretary shall carry out a program of research
and development relating to biodiesel fuel, the primary
focuses of which shall be--
(1) the evaluation and optimization of B-100 processing
variables to enhance blendstock stability, maintain uniform
quality and specifications, and reduce cost;
(2) the development and expansion of processing, blending,
and distribution infrastructure;
(3) the development of standardized labeling and dispensing
of equipment information;
(4) establishment of a consumer education outreach program;
(5) assessment and evaluation of biodiesel on advanced
engine (such as high-pressure injector) and after treatment
components; and
(6) assessment of the effects of biodiesel on advanced
combustion clean-burn strategies.
(o) Ethanol and Biofuels Technology.--In carrying out this
section, the Secretary shall carry out a program of research
and development relating to ethanol and biofuels technology,
the primary focus of which shall be research and development
into--
(1) ethanol and biofuels transport systems, such as truck,
rail, and pipelines;
(2) advanced high-efficiency combustion research for fuels,
such as E-85;
(3) materials compatibility for E-85 fuel;
(4) E-85 vehicle engineering and calibration to speed
conversion of systems; and
(5) advanced combustion and after-treatment systems to
support fuel efficiency gains.
(p) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) to carry out subsection (a), $60,000,000 for each of
fiscal years 2008 through 2012;
(2) to carry out subsection (b), $143,000,000 for each of
the fiscal years 2008 through 2012;
(3) to conduct research and development into hybrid systems
(power electronics, electric motors, hydraulic accumulators,
other energy storage devices, testing, and analysis),
$64,000,000 for each of the fiscal years 2008 through 2012;
(4) to conduct research and development into plug-in
hybrids, $56,000,000 for each of the fiscal years 2008
through 2012;
(5) to conduct research and development into advanced clean
diesel, $54,000,000 for each of the fiscal years 2008 through
2010;
(6) to conduct research and development into hydrogen
internal combustion engines, $11,000,000 for each of the
fiscal years 2008 through 2012;
(7) to conduct research and development into fuel cell
technology, $40,000,000 for each of the fiscal years 2008
through 2012;
(8) to conduct research and development into hydrogen
storage, $88,000,000 for each of the fiscal years 2008
through 2012;
(9) to conduct research and development into fuel cell
membranes, $64,000,000 for each of the fiscal years 2008
through 2012;
(10) to conduct research and development into cellulosic
ethanol, $340,000,000 for each of the fiscal years 2008
through 2012;
(11) to conduct research and development into biodiesel
fuel and technology, $7,000,000 for each of the fiscal years
2008 through 2012; and
(12) to conduct research and development into ethanol
biofuels technology, $23,000,000 for each of the fiscal years
2008 through 2012.
SEC. 506. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS
RELATED TO ALTERNATIVE FUEL INFRASTRUCTURE.
(a) In General.--Title I of the Petroleum Marketing
Practices Act (15 U.S.C. 2801 et seq.) is amended by adding
at the end the following:
``SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF
ALTERNATIVE FUEL PUMPS.
``(a) Definition.--In this section:
``(1) Alternative fuel.--The term `alternative fuel' means
any fuel--
``(A) at least 85 percent of the volume of which consists
of ethanol, natural gas, compressed natural gas, liquefied
natural gas, liquefied petroleum gas, hydrogen, or any
combination of those fuels; or
``(B) any mixture of biodiesel (as defined in section
40A(d)(1) of the Internal Revenue Code of 1986) and diesel
fuel (as defined in section 4083(a)(3) of the Internal
Revenue Code of 1986), determined without regard to any use
of kerosene and containing at least 20 percent biodiesel.
``(2) Franchise-related document.--The term `franchise-
related document' means--
``(A) a franchise under this Act; and
``(B) any other contract or directive of a franchisor
relating to terms or conditions of the sale of fuel by a
franchisee.
``(b) Prohibitions.--
``(1) In general.--Notwithstanding any provision of a
franchise-related document in effect on the date of enactment
of this section, no franchisee or affiliate of a franchisee
shall be restricted from--
``(A) installing on the marketing premises of the
franchisee an alternative fuel pump or storage tank;
``(B) converting an existing tank and pump on the marketing
premises of the franchisee for alternative fuel use;
``(C) advertising (including through the use of signage or
logos) the sale of any alternative fuel;
``(D) selling alternative fuel in any specified area on the
marketing premises of the franchisee (including any area in
which a name or logo of a franchisor or any other entity
appears);
``(E) purchasing alternative fuel solely from the
franchisor if the franchisor does not offer its own renewable
fuel for sale by the franchisee;
``(F) listing alternative fuel availability or prices,
including on service station signs, fuel dispensers, or light
poles; or
``(G) allowing payment of alternative fuel with a credit
card.
``(2) Enforcement.--Any restriction described in paragraph
(1) that is contained in a franchise-related document and in
effect on the date of enactment of this section--
``(A) shall be considered to be null and void as of that
date; and
``(B) shall not be enforced under section 105.
``(c) Exception to 3-Grade Requirement.--No franchise-
related document that requires that 3 grades of gasoline be
sold by the applicable franchisee shall prevent the
franchisee from selling an alternative fuel in lieu of 1
grade of gasoline.''.
(b) Conforming Amendments.--
(1) In general.--Section 101(13) of the Petroleum Marketing
Practices Act (15 U.S.C. 2801(13)) is amended by adjusting
the indentation of subparagraph (C) appropriately.
(2) Table of contents.--The table of contents of the
Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is
amended by inserting after the item relating to section 106
the following:
``Sec. 107. Prohibition on restriction of installation of alternative
fuel pumps.''.
SEC. 507. PUBLIC ACCESS TO FEDERAL ALTERNATIVE REFUELING
STATIONS.
(a) Definitions.--In this section:
(1) Alternative fuel refueling station.--The term
``alternative fuel refueling station'' has the meaning given
the term ``qualified alternative fuel vehicle refueling
property'' in section 30C(c)(1) of the Internal Revenue Code
of 1986.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Access to Federal Alternative Refueling Stations.--Not
later than 18 months after the date of enactment of this
Act--
[[Page 16438]]
(1) except as provided in subsection (d)(1), any Federal
property that includes at least 1 fuel refueling station
shall include at least 1 alternative fuel refueling station;
and
(2) except as provided in subsection (d)(2), any
alternative fuel refueling station located on property owned
by the Federal government shall permit full public access for
the purpose of refueling using alternative fuel.
(c) Duration.--The requirements described in subsection (b)
shall remain in effect until the sooner of--
(1) the date that is 7 years after the date of enactment of
this Act; or
(2) the date on which the Secretary determines that not
less than 5 percent of the commercial refueling
infrastructure in the United States offers alternative fuels
to the general public.
(d) Exceptions.--
(1) Waiver.--Subsection (b)(1) shall not apply to any
Federal property under the jurisdiction of a Federal agency
if the Secretary determines that alternative fuel is not
reasonably available to retail purchasers of the fuel, as
certified by the head of the agency to the Secretary.
(2) National security exemption.--Subsection (b)(2) shall
not apply to property of the Federal government that the
Secretary, in consultation with the Secretary of Defense, has
certified must be exempt for national security reasons.
(e) Report.--Not later than October 31 of each year
beginning after the date of enactment of this Act, the
President shall submit to Congress a report that describes
the progress of the agencies of the Federal Government
(including the Executive Office of the President) in
complying with--
(1) the Energy Policy Act of 1992 (42 U.S.C. 13201 et
seq.);
(2) Executive Order 13149 (65 Fed. Reg. 24595; relating to
greening the government through Federal fleet and
transportation efficiency); and
(3) the fueling center requirements of this section.
SEC. 508. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS
EMISSIONS.
Section 32908(b) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (F) as subparagraph (H);
and
(B) by inserting after subparagraph (E) the following:
``(F) a label (or a logo imprinted on a label required by
this paragraph) that--
``(i) reflects an automobile's performance on the basis of
criteria developed by the Administrator to reflect the fuel
economy and greenhouse gas and other emissions consequences
of operating the automobile over its likely useful life;
``(ii) permits consumers to compare performance results
under clause (i) among all automobiles; and
``(iii) is designed to encourage the manufacture and sale
of automobiles that meet or exceed applicable fuel economy
standards under section 32902.
``(G) a fuelstar under paragraph (5).''; and
(2) by adding at the end the following:
``(4) Green label program.--
``(A) Marketing analysis.--Not later than 2 years after the
date of the enactment of the Ten-in-Ten Fuel Economy Act, the
Administrator shall implement a consumer education program
and execute marketing strategies to improve consumer
understanding of automobile performance described in
paragraph (1)(F).
``(B) Eligibility.--Not later than 3 years after the date
described in subparagraph (A), the Administrator shall issue
requirements for the label or logo required under paragraph
(1)(F) to ensure that an automobile is not eligible for the
label or logo unless it--
``(i) meets or exceeds the applicable fuel economy
standard; or
``(ii) will have the lowest greenhouse gas emissions over
the useful life of the vehicle of all vehicles in the vehicle
attribute class to which it belongs in that model year.
``(5) Fuelstar program.--
``(A) In general.--The Secretary shall establish a program,
to be known as the `Fuelstar Program', under which stars
shall be imprinted on or attached to the label required by
paragraph (1).
``(B) Green stars.--Under the Fuelstar Program, a
manufacturer may include on the label maintained on an
automobile under paragraph (1)--
``(i) 1 green star for any automobile that meets the
average fuel economy standard for the model year under
section 32902;
``(ii) 1 additional green star for each 2 miles per gallon
by which the automobile exceeds such standard; and
``(iii) 1 additional green star for the use of thermal
management technologies, including energy efficient air
conditioning systems, glass, and powertrain systems.
``(C) Gold stars.--Under the Fuelstar Program, a
manufacturer may include a gold star on the label maintained
on an automobile under paragraph (1) if the automobile
attains a fuel economy of at least 50 miles per gallon.''.
SEC. 509. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation shall
execute an agreement with the National Academy of Sciences to
develop a report evaluating vehicle fuel economy standards,
including--
(1) an assessment of automotive technologies and costs to
reflect developments since the Academy's 2002 report
evaluating the corporate average fuel economy standards was
conducted;
(2) an analysis of existing and potential technologies that
may be used practically to improve automobile fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the automotive manufacturing process; and
(4) an assessment of how such technologies may be used to
meet the new fuel economy standards under chapter 329 of
title 49, United States Code, as amended by this title.
(b) Quinquennial Updates.--After submitting the initial
report, the Academy shall update the report at 5 year
intervals thereafter through 2025.
(c) Report.--The Academy shall submit the report to the
Secretary, the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce, with its findings and recommendations no
later than 18 months after the date on which the Secretary
executes the agreement with the Academy.
SEC. 510. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.
(a) In General.--Section 32917 of title 49, United States
Code, is amended to read as follows:
``Sec. 32917. Standards for Executive agency automobiles
``(a) Fuel Efficiency.--The head of an Executive agency
shall ensure that each new automobile procured by the
Executive agency is as fuel efficient as practicable.
``(b) Definitions.--In this section:
``(1) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(2) New automobile.--The term `new automobile', with
respect to the fleet of automobiles of an executive agency,
means an automobile that is leased for at least 60
consecutive days or bought, by or for the Executive agency,
after September 30, 2008. The term does not include any
vehicle designed for combat-related missions, law enforcement
work, or emergency rescue work.''.
(b) Report.--The Administrator of the General Services
Administration shall develop a report describing and
evaluating the efforts of the heads of the Executive agencies
to comply with section 32917 of title 49, United States Code,
for fiscal year 2009. The Administrator shall submit the
report to Congress no later than December 31, 2009.
______
SA 1713. Mr. PRYOR (for himself, Mr. Bond, Mr. Levin, Mr. Voinovich,
Ms. Stabenow, and Mrs. McCaskill) submitted an amendment intended to be
proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6,
to reduce our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 239, strike line 16 and all that follows through
page 263, line 8 and insert the following:
TITLE V--CORPORATE AVERAGE FUEL ECONOMY STANDARDS
SEC. 501. INCREASING THE EFFICIENCY OF AUTOMOBILES.
(a) Definitions.--In this section:
(1) Automobile.--The term ``automobile'' means, as defined
in regulations promulgated by the Administrator of the
Environmental Protection Agency that are in effect on the
date of the enactment of this Act--
(A) a light-duty truck;
(B) a light-duty vehicle; or
(C) a medium-duty passenger vehicle.
(2) Alternative fuel.--The term ``alternative fuel'' has
the meaning given the term in section 32901(a) of title 49,
United States Code.
(3) E85.--The term ``E85'' means a fuel blend containing 85
percent denatured ethanol and 15 percent gasoline by volume.
(4) Flexible fuel automobile.--The term ``flexible fuel
automobile'' means an automobile warrantied by the
manufacturer of the vehicle to operate on any combination of
gasoline, E85, and M85 or diesel fuel blends containing not
less than 20 percent non-petroleum based fuel alternatives.
(5) Hybrid motor vehicle.--The term ``hybrid motor
vehicle'' means a new qualified hybrid motor vehicle (as
defined in section 30B(d)(3) of the Internal Revenue Code of
1986) that achieves at least 125 percent of the model year
2002 city fuel economy.
(6) M85.--The term ``M85'' means a fuel blend containing 85
percent methanol and 15 percent gasoline by volume.
(7) Plug-in hybrid automobile.--The term ``plug-in hybrid
automobile'' means a hybrid automobile that--
(A) has an onboard, rechargeable storage device capable of
propelling the vehicle by electricity for at least 10 miles;
and
[[Page 16439]]
(B) achieves at least 125 percent of the model year 2002
city fuel economy.
(8) Qualified automobile.--The term ``qualified
automobile'' means--
(A) a new advanced lean burn technology motor vehicle (as
defined in section 30B(c)(3) of the Internal Revenue Code of
1986) that achieves at least 125 percent of the model year
2002 city fuel economy;
(B) an alternative fueled automobile (as defined in section
32901(a) of title 49, United States Code);
(C) a flexible fuel automobile;
(D) a new qualified fuel cell motor vehicle (as defined in
section 30B(b)(3) of the Internal Revenue Code of 1986);
(E) a hybrid automobile;
(F) a plug-in hybrid automobile;
(G) an electric automobile;
(H) a hydrogen internal combustion engine automobile; and
(I) any other appropriate automobile that uses
substantially new technology and achieves at least 175
percent of the model year 2002 city fuel economy, as
determined by the Secretary of Transportation, by regulation.
(b) Requirements.--
(1) In general.--For each model year, the percentage of new
automobiles manufactured by a manufacturer for sale in the
United States that are qualified automobiles shall be not
less than the corresponding percentage in the following
table:
For model year: The percentage that are qualified
automobiles shall be not less than:
2012.........................................................20 percent
2013.........................................................30 percent
2014.........................................................40 percent
2015 and thereafter..........................................50 percent
(2) New technology.--Not less than 10 percent of the number
of qualified automobiles required to be manufactured by a
manufacturer for sale in the United States in each model year
after 2016 pursuant to paragraph (1), shall be--
(A) hybrid automobiles;
(B) plug-in hybrid automobiles;
(C) new advanced lean burn technology motor vehicles (as
defined in section 30B(c)(3) of the Internal Revenue Code of
1986);
(D) new qualified fuel cell motor vehicles (as defined in
section 30B(b)(3) of the Internal Revenue Code of 1986);
(E) electric automobiles; or
(F) any other appropriate automobile that uses
substantially new technology and achieves at least 175
percent of the model year 2002 combined fuel economy, as
determined by the Secretary of Transportation, by regulation.
(c) Qualified Automobile Credits.--
(1) In general.--The Secretary shall issue qualified
automobile production credits to manufacturers for
automobiles manufactured for model year 2012 and for each
subsequent model year, in accordance with this subsection.
(2) Effect of credit.--Each credit issued to a manufacturer
under this subsection shall reduce the qualified automobile
mandate requirement under subsection (b)(1) by 1 automobile
for the model year to which the credit applies.
(3) Rate of credit issuance.--For each qualified automobile
(except for automobiles described in subparagraphs (B) and
(C) of subsection (a)(8)) manufactured for model year 2012,
2013, 2014, 2015, or 2016, the manufacturer shall be issued--
(A) 1.25 qualified automobile production credits if the
combined fuel economy for such automobile is greater than 110
percent and less than 125 percent of the combined fuel
economy of the model year 2002 inertia weight class;
(B) 1.5 qualified automobile production credits if the
combined fuel economy for such automobile is at least 125
percent and less than 150 percent of the combined fuel
economy of the model year 2002 inertia weight class;
(C) 2.0 qualified automobile production credits if the
combined fuel economy for such automobile is at least 150
percent and less than 175 percent of the combined fuel
economy of the model year 2002 inertia weight class; and
(D) 3.0 qualified automobile production credits if the
combined fuel economy for such automobile is at least 175
percent of the combined fuel economy of the model year 2002
inertia weight class;
(4) Defined term.--For purposes of this paragraph, the term
``model year 2002 inertia weight class'' has the same meaning
as the term ``vehicle inertia weight class'' as defined in
Section 30B of the Internal Revenue Code of 1986.
(d) Rulemaking.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation
shall promulgate regulations to carry out this section.
SEC. 502. AVERAGE FUEL ECONOMY STANDARDS FOR AUTOMOBILES.
(a) Increased Standards.--Section 32902 of title 49, United
States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Nonpassenger Automobiles.--
``(1) Annual prescription of average fuel economy
standards.--
``(A) In general.--Not later than 18 months before the
beginning of each model year, the Secretary of Transportation
shall prescribe by regulation average fuel economy standards
for nonpassenger automobiles manufactured by a manufacturer
in that model year.
``(B) Standards based on class.--The Secretary may
prescribe separate standards for different classes of
nonpassenger automobiles.
``(C) Standards based on vehicle attributes.--The Secretary
may prescribe such standards based on vehicle attributes
pursuant to subsection (j).
``(D) Minimum standard.--Each standard prescribed under
this paragraph shall be the maximum feasible average fuel
economy level that the Secretary determines the manufacturers
can achieve in that model year, consistent with subsection
(e).
``(2) Average fuel economy standard for model years 2012
through 2014.--Not later than April 1, 2010, the Secretary
shall establish average fuel economy standards for
nonpassenger automobiles for each of the model years 2012,
2013, and 2014. Each such standard shall be set at the
maximum feasible average fuel economy level that the
Secretary determines the manufacturers can achieve in each
such model year.
``(3) Average fuel economy standard for model year 2015.--
Not later than April 1, 2013, the Secretary shall establish
the average fuel economy standard for nonpassenger
automobiles for model year 2015--
``(A) at least 25.3 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(4) Average fuel economy standard for model years 2016
through 2019.--Not later than April 1, 2014, the Secretary
shall establish average fuel economy standards for
nonpassenger automobiles for each of the model years 2016,
2017, 2018, and 2019. Each such standard shall be set at the
maximum feasible average fuel economy level that the
Secretary determines the manufacturers can achieve in each
such model year.
``(5) Average fuel economy standard for model year 2020.--
Not later than April 1, 2018, the Secretary shall establish
the average fuel economy standard for nonpassenger
automobiles for model year 2020--
``(A) at least 27.7 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(6) Average fuel economy standard for model years 2021
through 2024.--Not later than April 1, 2019, the Secretary
shall establish average fuel economy standards for
nonpassenger automobiles for each of the model years 2021,
2022, 2023, and 2024. Each such standard shall be set at the
maximum feasible average fuel economy level that the
Secretary determines the manufacturers can achieve in each
such model year.
``(7) Average fuel economy standard for model years 2025
and thereafter.--Not later than April 1, 2023, the Secretary
shall establish the average fuel economy standard for
nonpassenger automobiles for model year 2025 and each
subsequent model year--
``(A) at least 30 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).''; and
(2) by amending subsection (b) to read as follows:
``(b) Passenger Automobiles.--
``(1) Annual prescription of average fuel economy
standards.--
``(A) In general.--Not later than 18 months before the
beginning of each model year after model year 2011, the
Secretary of Transportation shall prescribe by regulation
average fuel economy standards for passenger automobiles
manufactured by a manufacturer in that model year.
``(B) Authority for prescription of differing standards
based on class.--The Secretary may prescribe separate
standards for different classes of passenger automobiles.
``(C) Standards based on vehicle attributes.--The Secretary
may prescribe such standards based on vehicle attributes
pursuant to subsection (j).
``(D) Minimum standard.--Each standard prescribed under
this paragraph shall be the maximum feasible average fuel
economy level that the Secretary determines the manufacturers
can achieve in that model year, consistent with subsection
(e).
``(2) Average fuel economy standard for model year 2012.--
Not later than April 1, 2010, the Secretary shall establish
the average fuel economy standard for passenger automobiles
for model year 2012--
``(A) at least 29 miles per gallon, consistent with
paragraph (1)(D); or
[[Page 16440]]
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(3) Average fuel economy standard for model years 2013
through 2016.--Not later than April 1, 2011, the Secretary
shall establish average fuel economy standards for passenger
automobiles for each of the model years 2013, 2014, 2015, and
2016. Each such standard shall be set at the maximum feasible
average fuel economy level that the Secretary determines the
manufacturers can achieve in each such model year.
``(4) Average fuel economy standard for model years 2017.--
Not later than April 1, 2015, the Secretary shall establish
the average fuel economy standard for passenger automobiles
for model year 2017--
``(A) at least 32.5 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(5) Average fuel economy standard for model years 2018
through 2021.--Not later than April 1, 2016, the Secretary
shall establish average fuel economy standards for passenger
automobiles for model years 2018, 2019, 2020, and 2021. Each
such standard shall be set at the maximum feasible average
fuel economy level that the Secretary determines the
manufacturers can achieve in each such model year.
``(6) Average fuel economy standard for model years 2022
and thereafter.--Not later than April 1, 2020, the Secretary
shall establish the average fuel economy standard for
passenger automobiles for model year 2022 and each subsequent
model year--
``(A) at least 36 miles per gallon, consistent with
paragraph (1)(D); or
``(B) if the Secretary prescribes average fuel economy
standards on the basis of vehicle attributes pursuant to
subsection (j), at a level that yields estimated fuel savings
not less than those that would be achieved by the average
fuel economy standard described in subparagraph (A).
``(7) Minimum for average fuel economy standards based on
vehicle attributes.--
``(A) In general.--Notwithstanding any other provision of
this section, for any model year in which the Secretary
prescribes average fuel economy standards for passenger
automobiles on the basis of vehicle attributes pursuant to
subsection (j), the average fuel economy standard for
passenger automobiles manufactured by a manufacturer in that
model year shall also provide for an alternative minimum
standard that shall apply only to a manufacturer's
domestically manufactured passenger automobiles, as
calculated under section 32904 as in effect on the day before
the date of the enactment of the Renewable Fuels, Consumer
Protection, and Energy Efficiency Act of 2007.
``(B) Alternative minimum standard.--The alternative
minimum standard referred to in subparagraph (A) shall be the
greater of--
``(i) 27.5 miles per gallon; or
``(ii) 92 percent of the average fuel economy projected by
the Secretary for the combined domestic and foreign fleets
manufactured for sale in the United States by all
manufacturers in that model year, which projection shall be
published in the Federal Register when the standard for that
model year is promulgated in accordance with this section.
``(C) Applicability.--The alternative minimum standard
under this paragraph shall apply to a manufacturer's
domestically manufactured passenger automobiles only if the
passenger automobile standard established on the basis of
vehicle attributes pursuant to subsection (j), excluding any
credits transferred by the manufacturer pursuant to
subsection (g) from other categories of automobiles described
in paragraph (5)(B), would allow that manufacturer to comply
with a less stringent passenger automobile standard than the
alternative minimum standard.''.
(b) Repeal of Authority To Amend Passenger Automobile Fuel
Economy Standards.--
(1) In general.--Section 32902 of title 49, United States
Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) through (j) as
subsections (c) through (i), respectively.
(2) Conforming amendments.--
(A) Section 32901(a)(12) of such title is amended by
striking ``section 32902(d)'' and inserting ``section
32902(c)''.
(B) Section 32902 of such title is amended--
(i) in subsection (c)(1), as redesignated by paragraph
(1)(B), by striking ``under subsection (b) or (c)'' and
inserting ``under subsection (b)'';
(ii) in subsection (d)(2), as redesignated by paragraph
(1)(B), by striking ``under subsection (a), (b), (c), or
(d)'' and inserting ``under subsection (a), (b), or (c)'';
(iii) in subsection (f), as redesignated by paragraph
(1)(B)--
(I) in paragraph (1)--
(aa) by striking ``under subsection (a) or (d)'' and
inserting ``under subsection (a), (b), or (c)''; and
(bb) by striking ``of subsection (a) or (d)'' and inserting
``of subsection (a), (b), or (c)''; and
(II) in paragraph (2), by striking ``(and submit the
amendment to Congress when required under subsection (c)(2)
of this section)'';
(iv) in subsection (g), as redesignated by paragraph
(1)(B), by striking ``carrying out subsections (c), (f), and
(g)'' and inserting ``carrying out subsections (a), (b), (e),
and (f)''; and
(v) in subsection (i), as redesignated by paragraph (1)(B),
by striking ``under subsection (a), (c), or (g) of this
section'' and inserting ``under subsection (a), (b), or
(f)''.
(C) Section 32904(a)(1)(B) of such title is amended by
striking ``section 32902(b)-(d)'' and inserting ``subsections
(b) and (c) of section 32902''.
(D) Section 32907(a)(4) of such title is amended by
striking ``section 32902(d)'' and inserting ``section
32902(c)''.
(E) Section 32909(b) of such title is amended by striking
``, except that a petition for review'' and all that follows
through ``referred to in section 32902(c)(2)''.
(F) Section 32917(b)(1)(B) of such title is amended by
striking ``or (c)''.
(c) Authority of the Secretary To Prescribe Standards Based
on Vehicle Attributes.--Section 32902 of title 49, United
States Code, as amended by this section, is further amended
by adding at the end the following:
``(j) Authority of the Secretary To Prescribe Standards
Based on Vehicle Attributes.--
``(1) In general.--The authority of the Secretary of
Transportation to prescribe by regulation average fuel
economy standards for passenger automobiles and nonpassenger
automobiles includes the authority to prescribe standards
based on vehicle attributes related to fuel economy and to
express any such attribute-based standard in the form of a
mathematical function.
``(2) Transition period.--If the Secretary prescribes
standards for passenger automobiles on the basis of vehicle
attributes, the Secretary shall provide a transition period
during the first 3 model years in which an attribute-based
standard would apply during which each manufacturer may elect
whether to comply with the attribute-based standard or with
the single corporate average fuel economy level prescribed
under subsection (b).
``(3) Prescription of standards for multiple years.--The
authority of the Secretary to prescribe by regulation average
fuel economy standards for automobiles includes the authority
to prescribe standards by issuing regulations governing more
than 1 model year at a time, up to 5 consecutive model
years.''.
(d) Technical and Conforming Amendments.--
(1) Section 32901(a) of title 49, United States Code, is
amended--
(A) by redesignating paragraph (16) as paragraph (17); and
(B) by inserting after paragraph (15) the following:
``(16) `nonpassenger automobile' means an automobile that
is not a passenger automobile; and''.
(2) Section 32903 of title 49, United States Code, is
amended--
(A) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsections (b) and (c) of
section 32902'';
(B) in subsection (a)(2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)''; and
(C) in subsection (e), by striking ``automobiles that are
not passenger automobiles'' and inserting ``nonpassenger
automobiles''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act.
(2) Transition for passenger automobiles.--The standard or
standards for passenger automobiles under the authority of
section 32902(b) of title 49, United States Code, in effect
on the day before the date of the enactment of this Act,
shall remain in effect until a standard for passenger
automobiles is established under the authority of section
32902(b) of such title, as amended by this section.
(3) Average fuel economy standard for nonpassenger
automobiles in model years through 2011.--The average fuel
economy standard for nonpassenger automobiles, under the
authority of section 32902(a) of such title for model years
through 2011, shall be the standard described in the final
rule issued by the National Highway Traffic Safety
Administration entitled ``Average Fuel Economy Standards for
Light Trucks Model Years 2008-2011'' (71 Fed. Reg. 17566), as
amended in a notice published by the National Highway Traffic
Safety Administration on April 14, 2006 (71 Fed. Reg. 19449).
SEC. 503. FUEL EFFICIENCY TARGET FOR COMMERCIAL MEDIUM-DUTY
AND HEAVY-DUTY ON-HIGHWAY VEHICLES.
Section 32902 of title 49, United States Code, as amended
by section 502, is further amended by adding at the end the
following:
[[Page 16441]]
``(k) Commercial Medium- and Heavy-Duty On-Highway
Vehicles.--
``(1) Study.--Not later than 18 months after the date of
the enactment of the Renewable Fuels, Consumer Protection,
and Energy Efficiency Act of 2007, the Secretary of
Transportation, in consultation with the Secretary of Energy
and the Administrator of the Environmental Protection Agency,
shall examine the fuel efficiency of commercial medium- and
heavy-duty on-highway vehicles and determine--
``(A) the appropriate test procedures and methodologies for
measuring commercial medium- and heavy-duty on-highway
vehicle fuel efficiency;
``(B) the appropriate metric for measuring and expressing
commercial medium- and heavy-duty on-highway vehicle fuel
efficiency performance, taking into consideration, among
other things, the work performed by such on-highway vehicles
and types of operations in which they are used;
``(C) the range of factors, including, without limitation,
design, functionality, use, duty cycle, infrastructure, and
total overall energy consumption and operating costs that
effect commercial medium- and heavy-duty on-highway vehicle
fuel efficiency; and
``(D) such other factors and conditions that could have an
impact on a program to improve commercial medium- and heavy-
duty on-highway vehicle fuel efficiency.
``(2) Rulemaking.--Not later than 24 months after
completion of the study required under paragraph (1), the
Secretary of Transportation, in consultation with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency, and based on the results of
that study, shall determine in a rulemaking procedure how to
implement a commercial medium- and heavy-duty on-highway
vehicle fuel efficiency improvement program and, as
appropriate, shall adopt test methods, measurement metrics,
fuel efficiency targets, and compliance and enforcement
protocols that are appropriate, cost-effective, and
technologically feasible for commercial medium- and heavy-
duty on-highway vehicles.
``(3) Lead-time; regulatory stability.--Any commercial
medium- and heavy-duty on-highway vehicle fuel efficiency
regulatory program adopted pursuant to this subsection shall
provide no less than 4 full model years of regulatory lead-
time and 3 full model years of regulatory stability.
``(4) Commercial medium- and heavy-duty on-highway vehicle
defined.--In this subsection, the term `commercial medium-
and heavy-duty on-highway vehicle' means a commercial on-
highway vehicle with a gross vehicle weight rating of more
than 10,000 pounds.''.
SEC. 504. CREDIT AVAILABILITY.
(a) In General.--Section 32903 of title 49, United States
Code, is amended--
(1) by striking ``section 32902(b)-(d) of this title'' each
place it appears and inserting ``subsections (b) and (c) of
section 32902'';
(2) in subsection (a)--
(A) by striking ``3 consecutive model years'' each place it
appears and inserting ``5 consecutive model years''; and
(B) in paragraph (2), by striking ``clause (1) of this
subsection,'' and inserting ``paragraph (1)'';
(3) in subsection (b)--
(A) in paragraph (1), by striking ``paragraph (2) of this
subsection'' and inserting ``paragraph (2) and subsection
(g)''; and
(B) in paragraph (2), by striking ``3 model years'' and
inserting ``5 model years'';
(4) in subsection (e), by striking ``automobiles that are
not passenger automobiles'' and inserting ``nonpassenger
automobiles''; and
(5) by adding at the end the following:
``(g) Credit Transferring Within a Manufacturer's Fleet.--
``(1) Average fuel economy credit transferring program.--
The Secretary of Transportation shall establish, by
regulation, a corporate average fuel economy credit
transferring program to allow any manufacturer whose
automobiles exceed any of the average fuel economy standards
prescribed under section 32902 to transfer the credits earned
under this section and to apply them within that
manufacturer's fleet to a compliance category of automobiles
that fails to achieve the prescribed standards.
``(2) Availability of credits transferred.--Credits
transferred under this section are available to be used in
the same model years that the manufacturer could have applied
them under subsections (a), (b), (d) and (e) as well as for
the model year in which the manufacturer earned them. The
maximum increase in any compliance category attributable to
transferred credits is 1.0 mile per gallon in any single
model year.
``(3) Limitation on credit transfers to category of
passenger automobiles.--In the case of transfers to the
category of automobiles described in paragraph 5(B)(i), the
transfer is limited to the extent that the fuel economy level
of the manufacturer's fleet of passenger automobiles
manufactured domestically shall comply with the provisions
established under section 32902(b)(7), excluding any
transfers from other categories of automobiles described in
paragraph 5(B).
``(4) Effective date.--A credit transferred in conformance
with this section may only be so transferred if such credit
is earned no earlier than the first model year after the date
of the enactment of the Renewable Fuels, Consumer Protection,
and Energy Efficiency Act of 2007.
``(5) Definitions.--In this subsection:
``(A) Fleet.--The term `fleet' means all automobiles
manufactured by a manufacturer in a given model year.
``(B) Compliance category of automobiles.--The term
`compliance category of automobiles' means any of the 3
categories of automobiles for which compliance is separately
calculated under this chapter, namely--
``(i) passenger automobiles manufactured domestically;
``(ii) passenger automobiles not manufactured domestically;
and
``(iii) nonpassenger automobiles.''.
(b) Flexible Fueled Vehicles.--
(1) Extension of alternative fuel automobiles manufacturing
incentives.--Section 32905 of title 49, United States Code,
is amended--
(A) by striking ``1993-2010'' each place it appears and
inserting ``1993 through 2020.'';
(B) by striking subsections (f) and (g); and
(C) by redesignating subsection (h) as subsection (f).
(2) Extension of maximum increase period.--Section 32906(a)
of title 49, United States Code, is amended--
(A) by striking ``1993-2010'' and inserting ``1993 through
2020'';
(B) in paragraph (1)--
(i) in subparagraph (A), by striking ``(A)''; and
(ii) by striking subparagraph (B); and
(C) in paragraph (2), by striking ``described--'' and all
that follows and inserting ``is more than 1.2 miles per
gallon, the limitation in paragraph (1) applies.''.
SEC. 505. RESEARCH ON AND DEVELOPMENT OF LEAP-AHEAD
TECHNOLOGY.
(a) Program.--The Secretary of Energy (referred to in this
section as the ``Secretary''), in cooperation with heads of
other Federal agencies, shall carry out a comprehensive
program to develop advanced vehicle technologies (including
associated components and parts) that will offer--
(1) the potential for significantly-improved fuel economy;
and
(2) significant reductions in emissions.
(b) Components.--The program carried out under subsection
(a) shall include research and development in the areas of--
(1) advanced lightweight materials;
(2) advanced battery technology and battery systems;
(3) hybrid systems, including--
(A) power electronics, electric motors, power control
units, and power controls;
(B) hydraulic accumulators or other energy storage devices;
and
(C) testing and analysis;
(4) plug-in hybrids;
(5) advanced clean diesel;
(6) hydrogen internal combustion engines;
(7) fuel cell technology;
(8) hydrogen storage;
(9) fuel cell membranes;
(10) cellulosic ethanol;
(11) biodiesel fuel;
(12) biodiesel fuel and technology;
(13) ethanol and biofuels technology; and
(14) such other related areas as the Secretary determines
to be appropriate.
(c) Advanced Lightweight Materials.--In carrying out this
section, the Secretary shall carry out an advanced
lightweight materials research and development program the
primary focuses of which shall include--
(1) the provision of--
(A) technical advice for compliance with applicable Federal
and State environmental requirements;
(B) assistance in identifying supply sources and securing
long-term contracts; and
(C) public outreach, education, and labeling materials; and
(2) the development of--
(A) low-cost, durable, abuse-tolerant lithium ion-based
chemistries or other advanced chemistries;
(B) advanced lightweight steels that provide a 30-percent
weight reduction;
(C) advanced lightweight metals (such as magnesium,
aluminum, and titanium);
(D) advanced composites, particularly carbon fiber
precursors and forming; and
(E) advanced forming and joining processes for lightweight
materials, including mixed materials (such as combinations of
steel, aluminum, magnesium, and carbon fiber into a single
assembly or vehicle).
(d) Advanced Batteries.--
(1) In general.--In carrying out this section, the
Secretary shall carry out an advanced battery program the
primary focuses of which shall be--
(A) research in the chemistry of exploratory battery
technologies (other than lithium ion batteries); and
(B) battery and battery systems production process research
and development.
(2) Industry alliance.--In carrying out the advanced
battery program under this subsection, the Secretary shall
competitively select an Industry Alliance to represent
participants who are private, for-profit firms headquartered
in the United States, the primary business of which is the
manufacturing of batteries and battery systems.
(3) Research.--
[[Page 16442]]
(A) Grants.--The Secretary shall carry out research
activities of the Initiative through competitively-awarded
grants to--
(i) researchers, including Industry Alliance participants;
(ii) small businesses;
(iii) National Laboratories; and
(iv) institutions of higher education.
(B) Industry alliance.--The Secretary shall annually
solicit from the Industry Alliance--
(i) comments to identify advanced battery technology needs
relevant to electric drive technology;
(ii) an assessment of the progress of research activities
of the Initiative; and
(iii) assistance in annually updating advanced battery
technology road maps.
(4) Availability to the public.--The information and road
maps developed under this subsection shall be available to
the public.
(5) Preference.--In making awards under this subsection,
the Secretary shall give preference to participants in the
Industry Alliance.
(6) Cost sharing.--In carrying out this subsection, the
Secretary shall require cost sharing in accordance with
section 120(b) of title 23, United States Code.
(e) Hybrid Systems.--In carrying out this section, the
Secretary shall carry out a program relating to hybrid
systems, the primary focus of which shall be research on and
development of--
(1) advanced electric traction systems and wheel motors;
(2) advanced power electronics;
(3) systems integration; and
(4) hydraulic accumulators or other energy storage devices.
(f) Plug-In Hybrids.--In carrying out this section, the
Secretary shall carry out a program relating to plug-in
hybrids, the primary focus of which shall be--
(1) research on and development of advanced batteries with
appropriate power to energy ratios necessary for minimum
electric range and vehicle performance, such as acceleration;
and
(2) the early demonstration of vehicles and infrastructure
through the provision of procurement assistance to fleet
purchasers.
(g) Advanced Clean Diesel.--In carrying out this section,
the Secretary shall carry out a program of research and
development relating to diesel combustion and emissions, the
primary focuses of which shall be--
(1) the development of clean-burn and after treatment
technologies, including advanced low-temperature combustion
(including homogeneous charge compression-ignition);
(2) the development of mixed mode operation that combines
attributes of compression- and spark-ignition engine
technologies;
(3) the integration of advanced technologies, including
increased expansion ratio, variable valve timing, reduced
friction, and improved exhaust gas heat recovery;
(4) the development of NOx after treatment
systems, including absorber-catalysts, selective catalytic
reduction, and lean NOx catalysts;
(5) the development of particulate matter after treatment
systems;
(6) the development of powertrain integration of engine and
after treatment systems; and
(7) enhancements in durability and reliability and
reduction of costs.
(h) Hydrogen Internal Combustion Engines.--In carrying out
this section, the Secretary shall carry out a program of
research and development relating to hydrogen internal
combustion engines, the primary focuses of which shall be--
(1) to advance hydrogen internal combustion engine
technology to a level at which the robustness and durability
of such an engine would be acceptable to real-world
customers; and
(2) to use those engines to provide an affordable
transition to a hydrogen economy by creating a demand for
hydrogen refueling infrastructure and bridging to hydrogen-
powered fuel cells.
(i) Fuel Cell Technology.--In carrying out this section,
the Secretary shall carry out a program of research and
development relating to fuel cell technology, the primary
focuses of which shall be research on and development of--
(1) fuel cell stack components and fuel cell manufacturing
processes; and
(2) materials resistant to hydrogen embrittlement.
(j) Hydrogen Storage.--In carrying out this section, the
Secretary shall carry out a program of research and
development relating to hydrogen storage, the primary focus
of which shall be research on and development of competitive
storage methods for sufficient quantities of hydrogen onboard
a vehicle (including a demonstration of hydrogen refueling
infrastructure for not less than 10 nor more than 20
stations)--
(1) to enable increased development and use of hydrogen
internal combustion engines and hydrogen-powered fuel cell
vehicles; and
(2) to meet or surpass the customer-discernable attributes
of vehicles available as of the date of enactment of this Act
with respect to range and cost per mile.
(k) Fuel Cell Membranes.--In carrying out this section, the
Secretary shall carry out a program of research and
development relating to fuel cell membranes, the primary
focuses of which shall be--
(1) the achievement of a fundamental understanding of the
catalytic materials for fuel cells; and
(2) the development of low-cost fuel cell membranes.
(l) Cellulosic Ethanol.--In carrying out this section, the
Secretary shall carry out a program of research and
development relating to cellulosic ethanol, the primary focus
of which shall be research on and development of enzymes
necessary for the production of cellulosic ethanol.
(m) Biodiesel Fuel.--In carrying out this section, the
Secretary shall carry out a program of research and
development relating to biodiesel fuel, the primary focuses
of which shall be--
(1) the development of a national B-20 standard;
(2) fundamental research on biomass-to-liquid alternatives;
(3) total lifecycle analyses of the total potential for
petroleum replacement, total fossil fuel replacement, or
greenhouse gas reductions for biodiesel options;
(4) an assessment of feedstock options; and
(5) an assessment of the effects on engine durability and
reliability including the effects due to fuel quality
variations, stability, and degradation parameters.
(n) Biodiesel Fuel and Technology.--In carrying out this
section, the Secretary shall carry out a program of research
and development relating to biodiesel fuel, the primary
focuses of which shall be--
(1) the evaluation and optimization of B-100 processing
variables to enhance blendstock stability, maintain uniform
quality and specifications, and reduce cost;
(2) the development and expansion of processing, blending,
and distribution infrastructure;
(3) the development of standardized labeling and dispensing
of equipment information;
(4) establishment of a consumer education outreach program;
(5) assessment and evaluation of biodiesel on advanced
engine (such as high-pressure injector) and after treatment
components; and
(6) assessment of the effects of biodiesel on advanced
combustion clean-burn strategies.
(o) Ethanol and Biofuels Technology.--In carrying out this
section, the Secretary shall carry out a program of research
and development relating to ethanol and biofuels technology,
the primary focus of which shall be research and development
into--
(1) ethanol and biofuels transport systems, such as truck,
rail, and pipelines;
(2) advanced high-efficiency combustion research for fuels,
such as E-85;
(3) materials compatibility for E-85 fuel;
(4) E-85 vehicle engineering and calibration to speed
conversion of systems; and
(5) advanced combustion and after-treatment systems to
support fuel efficiency gains
(p) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) to carry out subsection (a), $60,000,000 for each of
fiscal years 2008 through 2012;
(2) to carry out subsection (b), $143,000,000 for each of
the fiscal years 2008 through 2012;
(3) to conduct research and development into hybrid systems
(power electronics, electric motors, hydraulic accumulators,
other energy storage devices, testing, and analysis),
$64,000,000 for each of the fiscal years 2008 through 2012;
(4) to conduct research and development into plug-in
hybrids, $56,000,000 for each of the fiscal years 2008
through 2012;
(5) to conduct research and development into advanced clean
diesel, $54,000,000 for each of the fiscal years 2008 through
2010;
(6) to conduct research and development into hydrogen
internal combustion engines, $11,000,000 for each of the
fiscal years 2008 through 2012;
(7) to conduct research and development into fuel cell
technology, $40,000,000 for each of the fiscal years 2008
through 2012;
(8) to conduct research and development into hydrogen
storage, $88,000,000 for each of the fiscal years 2008
through 2012;
(9) to conduct research and development into fuel cell
membranes, $64,000,000 for each of the fiscal years 2008
through 2012;
(10) to conduct research and development into cellulosic
ethanol, $340,000,000 for each of the fiscal years 2008
through 2012;
(11) to conduct research and development into biodiesel
fuel and technology, $7,000,000 for each of the fiscal years
2008 through 2012; and
(12) to conduct research and development into ethanol
biofuels technology, $23,000,000 for each of the fiscal years
2008 through 2012.
SEC. 506. LABELS FOR FUEL ECONOMY AND GREENHOUSE GAS
EMISSIONS.
Section 32908(b) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (F) as subparagraph (H);
and
(B) by inserting after subparagraph (E) the following:
``(F) a label (or a logo imprinted on a label required by
this paragraph) that--
``(i) reflects an automobile's performance on the basis of
criteria developed by the Administrator to reflect the fuel
economy and
[[Page 16443]]
greenhouse gas and other emissions consequences of operating
the automobile over its likely useful life;
``(ii) permits consumers to compare performance results
under clause (i) among all automobiles; and
``(iii) is designed to encourage the manufacture and sale
of automobiles that meet or exceed applicable fuel economy
standards under section 32902.
``(G) a fuelstar under paragraph (5).''; and
(2) by adding at the end the following:
``(4) Green Label Program.--
``(A) Marketing analysis.--Not later than 2 years after the
date of the enactment of the Ten-in-Ten Fuel Economy Act, the
Administrator shall implement a consumer education program
and execute marketing strategies to improve consumer
understanding of automobile performance described in
paragraph (1)(F).
``(B) Eligibility.--Not later than 3 years after the date
described in subparagraph (A), the Administrator shall issue
requirements for the label or logo required under paragraph
(1)(F) to ensure that an automobile is not eligible for the
label or logo unless it--
``(i) meets or exceeds the applicable fuel economy
standard; or
``(ii) will have the lowest greenhouse gas emissions over
the useful life of the vehicle of all vehicles in the vehicle
attribute class to which it belongs in that model year.
``(5) Fuelstar Program.--
``(A) In general.--The Secretary shall establish a program,
to be known as the `Fuelstar Program', under which stars
shall be imprinted on or attached to the label required by
paragraph (1).
``(B) Green stars.--Under the Fuelstar Program, a
manufacturer may include on the label maintained on an
automobile under paragraph (1)--
``(i) 1 green star for any automobile that meets the
average fuel economy standard for the model year under
section 32902;
``(ii) 1 additional green star for each 2 miles per gallon
by which the automobile exceeds such standard; and
``(iii) 1 additional green star for the use of thermal
management technologies, including energy efficient air
conditioning systems, glass, and powertrain systems.
``(C) Gold stars.--Under the Fuelstar Program, a
manufacturer may include a gold star on the label maintained
on an automobile under paragraph (1) if the automobile
attains a fuel economy of at least 50 miles per gallon.''.
SEC. 507. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary of Transportation shall
execute an agreement with the National Academy of Sciences to
develop a report evaluating vehicle fuel economy standards,
including--
(1) an assessment of automotive technologies and costs to
reflect developments since the Academy's 2002 report
evaluating the corporate average fuel economy standards was
conducted;
(2) an analysis of existing and potential technologies that
may be used practically to improve automobile fuel economy;
(3) an analysis of how such technologies may be practically
integrated into the automotive manufacturing process; and
(4) an assessment of how such technologies may be used to
meet the new fuel economy standards under chapter 329 of
title 49, United States Code, as amended by this title.
(b) Quinquennial Updates.--After submitting the initial
report, the Academy shall update the report at 5 year
intervals thereafter through 2025.
(c) Report.--The Academy shall submit the report to the
Secretary, the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce, with its findings and recommendations no
later than 18 months after the date on which the Secretary
executes the agreement with the Academy.
SEC. 508. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.
(a) In General.--Section 32917 of title 49, United States
Code, is amended to read as follows:
``Sec. 32917. Standards for Executive agency automobiles
``(a) Fuel Efficiency.--The head of an Executive agency
shall ensure that each new automobile procured by the
Executive agency is as fuel efficient as practicable.
``(b) Definitions.--In this section:
``(1) Executive agency.--The term `Executive agency' has
the meaning given that term in section 105 of title 5.
``(2) New automobile.--The term `new automobile', with
respect to the fleet of automobiles of an executive agency,
means an automobile that is leased for at least 60
consecutive days or bought, by or for the Executive agency,
after September 30, 2008. The term does not include any
vehicle designed for combat-related missions, law enforcement
work, or emergency rescue work.''.
(b) Report.--The Administrator of the General Services
Administration shall develop a report describing and
evaluating the efforts of the heads of the Executive agencies
to comply with section 32917 of title 49, United States Code,
for fiscal year 2009. The Administrator shall submit the
report to Congress no later than December 31, 2009.
______
SA 1714. Mr. SCHUMER (for Mr. Kennedy) proposed an amendment to the
bill H.R. 1429, to reauthorize the Head Start Act, to improve program
quality, to expand access, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Head Start for School
Readiness Act''.
SEC. 2. STATEMENT OF PURPOSE.
Section 636 of the Head Start Act (42 U.S.C. 9831) is
amended to read as follows:
``SEC. 636. STATEMENT OF PURPOSE.
``It is the purpose of this subchapter to promote the
school readiness of low-income children by enhancing their
cognitive and social development--
``(1) with a learning environment that supports cognitive
development (including the growth of language, pre-literacy,
and premathematics skills) and the growth of social,
emotional, and physical skills; and
``(2) through the provision to low-income children and
their families of health, educational, nutritional, social,
and other services that are determined, based on family needs
assessments, to be necessary.''.
SEC. 3. DEFINITIONS.
Section 637 of the Head Start Act (42 U.S.C. 9832) is
amended--
(1) in paragraph (2), by inserting ``(including a
community-based organization, as defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801))'' after ``nonprofit'';
(2) in paragraph (3)(C), by inserting ``, including
financial literacy,'' after ``Parent literacy'';
(3) in paragraph (17), by striking ``Mariana Islands,'' and
all that follows and inserting ``Mariana Islands.''; and
(4) by adding at the end the following:
``(18) The term `deficiency' means--
``(A) a systemic or substantial material failure of an
agency in an area of performance that the Secretary
determines involves--
``(i) a threat to the health, safety, or civil rights of
children or staff;
``(ii) a denial to parents of the exercise of their full
roles and responsibilities related to program operations;
``(iii) a failure to comply with standards related to early
childhood development and health services, family and
community partnerships, or program design and management;
``(iv) the misuse of funds under this subchapter;
``(v) loss of legal status or financial viability, loss of
permits, debarment from receiving Federal grants or
contracts, or the improper use of Federal funds; or
``(vi) failure to meet any other Federal or State
requirement that the agency has shown an unwillingness or
inability to correct, after notice from the Secretary, within
the period specified;
``(B) systemic failure of the board of directors of an
agency to fully exercise its legal and fiduciary
responsibilities;
``(C) substantial failure of an agency to meet the
administrative requirements of section 644(b);
``(D) failure of an agency to demonstrate that the agency
attempted to meet the coordination and collaboration
requirements with entities described in section
640(a)(5)(D)(ii)(I); or
``(E) having an unresolved area of noncompliance.
``(19) The term `homeless child' means a child described in
section 725(2) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2)).
``(20) The term `institution of higher education' has the
meaning given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
``(21) The term `interrater reliability' means the extent
to which 2 or more independent raters or observers
consistently obtain the same result when using the same
assessment tool.
``(22) The term `limited English proficient', used with
respect to a child, means a child--
``(A) who is enrolled or preparing to enroll in a Head
Start program (which may include an Early Head Start
program), or other early care and education program;
``(B)(i) who was not born in the United States or whose
native language is a language other than English;
``(ii)(I) who is a Native American, Alaska Native, or a
native resident of an outlying area (as defined in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)); and
``(II) who comes from an environment where a language other
than English has had a significant impact on the child's
level of English language proficiency; or
``(iii) who is migratory, whose native language is a
language other than English, and who comes from an
environment where a language other than English is dominant;
and
``(C) whose difficulties in speaking or understanding the
English language may be sufficient to deny such child--
``(i) the ability to successfully achieve in a classroom in
which the language of instruction is English; or
[[Page 16444]]
``(ii) the opportunity to participate fully in society.
``(23) The term `unresolved area of noncompliance' means
failure to correct a noncompliance item within 120 days, or
within such additional time (if any) authorized by the
Secretary, after receiving from the Secretary notice of such
noncompliance item, pursuant to section 641A(d).''.
SEC. 4. FINANCIAL ASSISTANCE FOR HEAD START PROGRAMS.
Section 638 of the Head Start Act (42 U.S.C. 9833) is
amended by inserting ``for a period of 5 years'' after
``provide financial assistance to such agency''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 639 of the Head Start Act (42 U.S.C. 9834) is
amended to read as follows:
``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
for carrying out the provisions of this subchapter
$7,350,000,000 for fiscal year 2008, $7,650,000,000 for
fiscal year 2009, $7,995,000,000 for fiscal year 2010, and
such sums as may be necessary for each of fiscal years 2011
and 2012.
``(b) Specific Programs.--From the amount appropriated
under subsection (a), the Secretary shall make available to
carry out research, demonstration, and evaluation activities,
including longitudinal studies under section 649, not more
than $20,000,000 for fiscal year 2008, and such sums as may
be necessary for each of fiscal years 2009 through 2012, of
which not more than $7,000,000 for each of fiscal years 2008
through 2012 shall be available to carry out impact studies
under section 649(g).''.
SEC. 6. ALLOTMENT OF FUNDS.
(a) Allotment.--Section 640(a) of the Head Start Act (42
U.S.C. 9835(a)) is amended--
(1) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Indian Head Start programs, services for children
with disabilities, and migrant and seasonal Head Start
programs, except that the Secretary shall reserve for each
fiscal year for use by Indian Head Start and migrant and
seasonal Head Start programs (referred to in this paragraph
as `covered programs'), on a nationwide basis, a sum that is
the total of a percentage specified by the Secretary that is
not less than 4 percent of the amount appropriated under
section 639 for that fiscal year (for Indian Head Start
programs) and a percentage specified by the Secretary that is
not less than 5 percent of that appropriated amount (for
migrant and seasonal Head Start programs) (referred to in
this paragraph as the `specified percentages'), except that--
``(i) if reserving the specified percentages would reduce
the number of children served by Head Start programs,
relative to the number of children served on the date of
enactment of the Head Start for School Readiness Act, taking
into consideration an appropriate adjustment for inflation,
the Secretary shall reserve percentages that approach, as
closely as practicable, the specified percentages and that do
not cause such a reduction; and
``(ii) notwithstanding any other provision of this
subparagraph, the Secretary shall reserve for each fiscal
year for use by Indian Head Start programs and by migrant and
seasonal Head Start programs, on a nationwide basis, not less
than the amount that was obligated for use by Indian Head
Start programs and by migrant and seasonal Head Start
programs for the previous fiscal year;'';
(B) by striking subparagraph (C) and inserting the
following:
``(C) training and technical assistance activities that are
sufficient to meet the needs associated with program
expansion and to foster program and management improvement
activities as described in any of paragraphs (1) through (18)
of section 648(d), in an amount for each fiscal year that is
not less than 2 percent of the amount appropriated under
section 639 for such fiscal year, of which--
``(i) 50 percent shall be made available to Head Start
agencies to use directly, or by establishing local or
regional agreements with community experts, institutions of
higher education, or private consultants, for any of the
following training and technical assistance activities,
including--
``(I) activities that ensure that Head Start programs meet
or exceed the performance standards described in section
641A(a)(1);
``(II) activities that ensure that Head Start programs have
adequate numbers of trained, qualified staff who have skills
in working with children and families, including children who
are limited English proficient and their families and
children with disabilities;
``(III) activities to pay expenses, including direct
training for expert consultants working with any staff, to
improve the management and implementation of Head Start
services and systems;
``(IV) activities that help ensure that Head Start programs
have qualified staff who can promote language skills and
literacy growth of children and who can provide children with
a variety of skills that have been identified as predictive
of later reading achievement, school success, and the skills,
knowledge, abilities, development, and progress described in
section 641A(a)(1)(B)(ii);
``(V) activities to improve staff qualifications and to
assist with the implementation of career development programs
and to encourage the staff to continually improve their
skills and expertise, including developing partnerships with
programs that recruit, train, place, and support college
students in Head Start centers to deliver an innovative early
childhood development program to preschool children;
``(VI) activities that help local programs ensure that the
arrangement, condition, and implementation of the learning
environments in Head Start programs are conducive to
providing effective program services to children and
families;
``(VII) activities to provide training necessary to improve
the qualifications of Head Start staff and to support staff
training, child counseling, health services, and other
services necessary to address the needs of children enrolled
in Head Start programs, including children from families in
crises, children who experience chronic violence or
homelessness, children who experience substance abuse in
their families, and children under 3 years of age, where
applicable;
``(VIII) activities to provide classes or in-service-type
programs to improve or enhance parenting skills, job skills,
adult and family literacy, including financial literacy, or
training to become a classroom aide or bus driver in a Head
Start program;
``(IX) additional activities determined appropriate for the
improvement of Head Start agencies' programs, as determined
in the agencies' technical assistance and training plans; or
``(X) any other activities regarding the use of funds as
determined by the Secretary;
``(ii) 50 percent shall be made available to the
Secretary--
``(I) to provide directly training and technical assistance
on early childhood education and care or to support, through
grants or other arrangements, a State system of training and
technical assistance (which may include such a system for a
consortium of States within a region); and
``(II) to assist local programs (including Indian Head
Start programs and migrant and seasonal Head Start programs)
in meeting the performance standards described in section
641A(a)(1); and
``(iii) not less than $3,000,000 of the amount in clause
(ii) appropriated for such fiscal year shall be made
available to carry out activities described in section
648(d)(4);'';
(C) in subparagraph (D), by striking ``agencies;'' and
inserting ``agencies);''; and
(D) by adding at the end of the flush matter at the end the
following: ``In no case shall the Secretary use funds
appropriated under this subchapter to expand or create
additional slots or services in non-Indian and non-migrant
and seasonal Head Start programs until the amounts based on
the specified percentages for Indian Head Start programs and
migrant and seasonal Head Start programs pursuant to
subparagraph (A) are reached. The Secretary shall require
each Head Start agency to report at the end of each budget
year on how funds provided to carry out subparagraph (C)(i)
were used.'';
(2) in paragraph (3)--
(A) in subparagraph (A)(i)(I)--
(i) by striking ``60 percent of such excess amount for
fiscal year 1999'' and all that follows through ``2003;'';
and
(ii) by inserting the following: ``30 percent of such
excess amount for fiscal year 2008, and 40 percent of such
excess amount for each of fiscal years 2009 through 2012;'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``performance standards''
and all that follows and inserting ``performance standards
pursuant to section 641A(a)(1).'';
(ii) by striking clause (ii) and inserting the following:
``(ii) Ensuring that such programs have adequate numbers of
qualified staff, and that such staff is furnished adequate
training, including training to promote the development of
language, premathematics, and pre-literacy skills in young
children and in working with limited English proficient
children, children in foster care, children referred by child
welfare services, and children with disabilities, when
appropriate.'';
(iii) by striking clause (iii) and inserting the following:
``(iii) Developing and financing the salary scales and
benefits standards under section 644(a) and section 653, in
order to ensure that salary levels and benefits are adequate
to attract and retain qualified staff for such programs.'';
(iv) by striking clause (iv) and inserting the following:
``(iv) Using salary increases to--
``(I) assist with the implementation of quality programs
and improve staff qualifications;
``(II) ensure that staff can promote the language skills
and literacy growth of children and can provide children with
a variety of skills that have been identified, through
scientifically based early reading research, as predictive of
later reading achievement, as well as the skills, knowledge,
abilities, development, and progress described in section
641A(a)(1)(B)(ii); and
``(III) encourage the staff to continually improve their
skills and expertise--
``(aa) through the implementation of career development
programs; and
[[Page 16445]]
``(bb) through the completion of postsecondary coursework
in early childhood education.'';
(v) in clause (v)--
(I) by striking ``community-wide'' and inserting
``communitywide''; and
(II) by inserting ``, including collaborations to increase
program participation by underserved populations of eligible
children'' before the period; and
(vi) by striking clauses (vii) and (viii) and inserting the
following:
``(vii) Providing assistance to complete postsecondary
coursework, to enable Head Start teachers to improve
competencies and the resulting child outcomes, including
informing the teachers of the availability of Federal and
State incentive and loan forgiveness programs.
``(viii) Promoting the regular attendance and stability of
all Head Start children with particular attention to highly
mobile children, including children of migrant or seasonal
farmworkers (where appropriate), homeless children, and
children in foster care.
``(ix) Making such other improvements in the quality of
such programs as the Secretary may designate.'';
(C) in subparagraph (C)--
(i) in clause (i)(I), by striking the last sentence and
inserting ``Salary increases, in excess of cost-of-living
allowances, provided with such funds shall be subject to the
specific standards governing salaries and salary increases
established pursuant to section 644(a).'';
(ii) in clause (ii)--
(I) in the matter preceding subclause (I), by striking
``education performance'' and all that follows through
``641A(a)(1)(B)''and inserting ``standards and measures
described in section 641A'';
(II) in subclause (I), by inserting ``, pre-literacy,''
after ``language'';
(III) by striking subclause (II) and inserting the
following:
``(II) to help limited English proficient children attain
the knowledge, skills, abilities, and development specified
in section 641A(a)(1)(B)(ii) and to promote the acquisition
of the English language by such children and their
families;''; and
(IV) by striking subclause (IV) and inserting the
following:
``(IV) to provide education and training necessary to
improve the qualifications of Head Start staff, particularly
assistance to enable more instructors to be fully competent
and to meet the degree requirements under section
648A(a)(2)(A), and to support staff training, child
counseling, and other services necessary to address the
challenges of children participating in Head Start programs,
including children from immigrant, refugee, and asylee
families, children from families in crisis, homeless
children, children in foster care, children referred to Head
Start programs by child welfare agencies, and children who
are exposed to chronic violence or substance abuse.'';
(iii) in clause (iii), by inserting ``, educational staff
who have the qualifications described in section 648A(a),''
after ``ratio'';
(iv) in clause (v), by striking ``programs, including'' and
all that follows and inserting ``programs.'';
(v) by redesignating clause (vi) as clause (x); and
(vi) by inserting after clause (v) the following:
``(vi) To conduct outreach to homeless families in an
effort to increase the program participation of homeless
children.
``(vii) To conduct outreach to migrant and seasonal
farmworker families and families with limited English
proficient children.
``(viii) To partner with institutions of higher education
and nonprofit organizations, including community-based
organizations, that recruit, train, place, and support
college students, to serve as mentors and reading partners to
preschool children in Head Start programs.
``(ix) To upgrade the qualifications and skills of
educational personnel to meet the professional standards
described in section 648A(a)(1), including certification and
licensure as bilingual education teachers, as teachers of
English as a second language, and for other educational
personnel who serve limited English proficient children.'';
(3) in paragraph (4), in the first sentence--
(A) in subparagraph (A), by striking ``1998'' and inserting
``2007''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) any amount available after all allotments are made
under subparagraph (A) for such fiscal year shall be
distributed as follows:
``(i) Each State shall receive an amount sufficient to
serve the same number of children in Head Start programs in
each State as were served on the date of enactment of the
Head Start for School Readiness Act, taking into
consideration an appropriate adjustment for inflation.
``(ii) After ensuring that each State has received the
amount described in clause (i), the Secretary shall
distribute the remaining balance, by--
``(I) distributing 65 percent of the balance among the
States serving less than 60 percent (as determined by the
Secretary) of children who are 3 or 4 years of age from
families whose income is below the poverty line, by allotting
to each of those States an amount that bears the same
relationship to that 65 percent as the number of children who
are less than 5 years of age from families whose income is
below the poverty line (referred to in this clause as `young
low-income children') in that State bears to the number of
young low-income children in all those States; and
``(II) distributing 35 percent of the balance among the
States, by allotting to each State an amount that bears the
same relationship to that 35 percent as the number of young
low-income children in that State bears to the number of
young low-income children in all the States.'';
(4) in paragraph (5)--
(A) in subparagraph (A), by inserting after ``paragraph
(4)'' the following: ``(and amounts reserved, before such
allotments, for national administrative offices)'';
(B) by redesignating subparagraphs (E) and (F) as
subparagraphs (G) and (H), respectively;
(C) by striking subparagraphs (B), (C), and (D) and
inserting the following:
``(B)(i) From the reserved sums, the Secretary shall award
a collaboration grant to each State and to each national
administrative office serving Indian Head Start programs and
migrant and seasonal Head Start programs to facilitate
collaboration between Head Start agencies and entities
(including the State or national administrative office) that
carry out other activities designed to benefit low-income
families and children from birth to school entry. The
national administrative offices shall use the funds made
available through the grants to carry out the authorities and
responsibilities described in subparagraphs (B) and (C).
``(ii) Grants described in clause (i) shall be used to--
``(I) assist Head Start agencies to collaborate with
entities involved in State and local planning processes to
better meet the needs of low-income families and children
from birth to school entry;
``(II) assist Head Start agencies to coordinate activities
with the State agency responsible for administering the State
program carried out under the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) and entities
providing resource and referral services in the State, to
make full-working-day and full calendar year services
available to children;
``(III) promote alignment of Head Start services with the
Head Start Child Outcomes Framework and, as appropriate,
State early learning standards;
``(IV) promote better linkages between Head Start agencies
and other child and family agencies, including agencies that
provide health, mental health, or family services, or other
child or family supportive services, such as services
provided under section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
and
``(V) carry out the activities of the State Director of
Head Start Collaboration authorized in subparagraph (D).
``(C) In order to improve coordination and delivery of
early childhood education and care to children in the State,
a State that receives a collaboration grant under
subparagraph (B) shall--
``(i) appoint or designate an individual to serve as, or
carry out the responsibilities of, the State Director of Head
Start Collaboration;
``(ii) ensure that the State Director of Head Start
Collaboration holds a position with sufficient authority and
access to ensure that the collaboration described in
subparagraph (B) is effective and involves a range of State
agencies; and
``(iii) involve the State Head Start Association in the
selection of the Director and involve the Association in
determinations relating to the ongoing direction of the
collaboration office involved.
``(D) The State Director of Head Start Collaboration,
shall--
``(i) not later than 1 year after the State receives a
collaboration grant under subparagraph (B), conduct an
assessment that--
``(I) addresses the needs of Head Start agencies in the
State with respect to collaboration, coordination of
services, and alignment of services with the Head Start Child
Outcomes Framework and, as appropriate, State early learning
standards;
``(II) shall be updated on an annual basis; and
``(III) shall be made available to the general public
within the State;
``(ii) develop a strategic plan that is based on the
assessment described in clause (i) that will--
``(I) enhance collaboration and coordination of Head Start
services with other entities providing early childhood
education and care (such as child care or services offered by
museums), health care, mental health care, welfare, child
protective services, education and community service
activities, family literacy services, reading readiness
programs (including such programs offered by public and
school libraries), services relating to children with
disabilities, other early childhood education and care for
limited English proficient children and homeless children,
and services provided for children in foster
[[Page 16446]]
care and children referred to Head Start programs by child
welfare agencies, including agencies and State officials
responsible for such services;
``(II) assist Head Start agencies to develop a plan for the
provision of full-working-day, full calendar year services
for children enrolled in Head Start programs who need such
care;
``(III) assist Head Start agencies to align services with
the Head Start Child Outcomes Framework and, as appropriate,
State early learning standards; and
``(IV) enable Head Start agencies in the State to better
access professional development opportunities for Head Start
staff, such as by--
``(aa) working with local Head Start agencies to meet the
degree requirements described in section 648A(a)(2)(A),
including providing distance learning opportunities for Head
Start staff, where needed to make higher education more
accessible to Head Start staff; and
``(bb) enabling the State Head Start agencies to better
conduct outreach to eligible families;
``(iii) promote partnerships between Head Start agencies,
State and local governments, and the private sector to help
ensure that children from low-income families, who are in
Head Start programs or are preschool age, are receiving
comprehensive services to prepare the children to enter
school ready to learn;
``(iv) consult with the chief State school officer, local
educational agencies, and providers of early childhood
education and care, regarding early childhood education and
care at both the State and local levels;
``(v) promote partnerships (such as the partnerships
involved with the Free to Grow initiative) between Head Start
agencies, schools, law enforcement, relevant community-based
organizations, and substance abuse and mental health
treatment agencies to strengthen family and community
environments and to reduce the impact on child development of
substance abuse, child abuse, domestic violence, and other
high risk behaviors that compromise healthy development;
``(vi) promote partnerships between Head Start agencies and
other organizations in order to enhance the Head Start
curriculum, including partnerships to promote inclusion of
more books in Head Start classrooms and partnerships to
promote coordination of activities with the Ready-to-Learn
Television program carried out under subpart 3 of part D of
title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6775 et seq.); and
``(vii) identify other resources and organizations (both
public and private) for the provision of in-kind services to
Head Start agencies in the State.
``(E)(i) The Governor of the State shall--
``(I) designate or establish a council to serve as the
State Advisory Council on Early Childhood Education and Care,
for children from birth to school entry (in this subchapter
referred to as the `State Advisory Council'); and
``(II) designate an individual to coordinate activities of
the State Advisory Council, as described in clause (iv)(I).
``(ii) The Governor may designate an existing entity to
serve as the State Advisory Council, if the entity includes
representatives consistent with clause (iii).
``(iii) Members of the State Advisory Council shall
include, to the maximum extent possible--
``(I) the State Director of Head Start Collaboration;
``(II) a representative of the State educational agency and
local educational agencies;
``(III) a representative of institutions of higher
education;
``(IV) a representative (or representatives) of the State
agency (or agencies) responsible for health or mental health
care;
``(V) a representative of the State agency responsible for
professional standards, certification, and licensing for
early childhood educators;
``(VI) a representative of the State agency responsible for
child care;
``(VII) early childhood educators, including professionals
with expertise in second language acquisition and
instructional strategies in teaching limited English
proficient children;
``(VIII) kindergarten teachers and teachers in grades 1
through 3;
``(IX) health care professionals;
``(X) child development specialists, including specialists
in prenatal, infant, and toddler development;
``(XI) a representative of the State agency responsible for
assisting children with developmental disabilities;
``(XII) a representative of the State agency responsible
for programs under section 619 or part C of the Individuals
with Disabilities Education Act (20 U.S.C. 1419, 1431 et
seq.);
``(XIII) a representative of the State interagency
coordinating councils established under section 641 of the
Individuals with Disabilities Education Act (20 U.S.C. 1441);
``(XIV) a representative of the State Head Start
Association (where appropriate), and other representatives of
Head Start programs in the State;
``(XV) a representative of the State network of child care
resource and referral agencies;
``(XVI) a representative of community-based organizations;
``(XVII) a representative of State and local providers of
early childhood education and care;
``(XVIII) a representative of Indian Head Start programs
(where appropriate) and a representative of migrant and
seasonal Head Start programs (where appropriate);
``(XIX) parents;
``(XX) religious and business leaders;
``(XXI) the head of the State library administrative
agency;
``(XXII) representatives of State and local organizations
and other entities providing professional development to
early childhood educators and child care providers;
``(XXIII) a representative from the Office of Coordinator
for Education of Homeless Children and Youths in the State;
``(XXIV) a State legislator; and
``(XXV) a representative of other entities determined to be
relevant by the Governor of the State.
``(iv)(I) The State Advisory Council shall be responsible
for, in addition to responsibilities assigned to the council
by the Governor of the State--
``(aa) conducting a periodic statewide needs assessment
concerning early childhood education and care for children
from birth to school entry and assessing the availability of
high quality prekindergarten services for low-income children
in the State;
``(bb) identifying barriers to, and opportunities for,
collaboration and coordination among entities carrying out
federally-funded and State-funded child development, child
care, and early childhood education programs;
``(cc) developing recommendations regarding means of
establishing a unified data collection system for early
childhood education and care throughout the State;
``(dd) developing a statewide professional development and
career ladder plan for early childhood education and care in
the State;
``(ee) assisting 2-year and 4-year public and private
institutions of higher education, which may include assisting
the institutions with development of articulation agreements
or model programs of early childhood education and care,
including practica or internships for students to spend time
in a Head Start or prekindergarten program; and
``(ff) undertaking collaborative efforts to develop, and
make recommendations for improvements in, State early
learning standards.
``(II) The State Advisory Council shall hold public
hearings and provide an opportunity for public comment on the
activities described in subclause (I). The State Advisory
Council shall submit a statewide strategic report addressing
the activities described in subclause (I) to the State
Director of Head Start Collaboration and the Governor of the
State.
``(III) After submission of a statewide strategic report
under subclause (II), the State Advisory Council shall meet
periodically to review any implementation of the
recommendations in such report and any changes in State and
local needs.
``(F)(i)(I) Prior to carrying out paragraph (4), the
Secretary shall reserve a portion to carry out this
subparagraph for a fiscal year. The Secretary shall reserve
the portion from the amount (if any) by which the funds
appropriated under section 639(a) for the fiscal year exceed
the adjusted prior year appropriation (as defined in
paragraph (3)(A)(ii)), without reducing the share available
for quality improvement funds described in paragraph (3)(B).
``(II) To the extent consistent with subclause (I), the
Secretary shall reserve $100,000,000 for fiscal year 2008.
Funds reserved under this subclause shall remain available
for obligation through fiscal year 2012.
``(ii) The Secretary shall use the portion reserved under
clause (i) to award, on a competitive basis, one-time startup
grants of not less than $500,000 to eligible States to enable
such States to pay for the Federal share of the cost of
further developing and implementing the recommendations and
plans for which the State's State Advisory Council is
responsible under subparagraph (E)(iv)(I). Such grants
shall--
``(I) facilitate the development of high-quality systems of
early childhood education and care designed to improve school
preparedness;
``(II) increase and make effective use of existing and new
delivery systems and funds for early childhood education and
care; and
``(III) enhance existing early childhood education and care
(in existence on the date on which the grant involved is
awarded).
``(iii) To be eligible to receive a grant under this
subparagraph, a State shall prepare and submit to the
Secretary an application, for a 3-year period, at such time,
in such manner, and containing such information as the
Secretary shall require, including--
``(I) a description of the State's State Advisory Council's
responsibilities under subparagraph (E)(iv)(I);
``(II) a description, for each fiscal year, of how the
State will make effective use of funds available under this
subparagraph,
[[Page 16447]]
with funds described in clause (iv), to create an early
childhood education and care system, by developing or
enhancing programs and activities described in subparagraph
(E)(iv)(I);
``(III) a description of the State early learning standards
and the State's goals for increasing the number of children
entering kindergarten ready to learn;
``(IV) information identifying the agency or joint
interagency office and individual designated to carry out the
activities under this subparagraph, which may be the
individual designated under subparagraph (E)(i)(II); and
``(V) a description of how the State plans to sustain
activities under this subparagraph beyond the grant period.
``(iv) The Federal share of the cost described in clause
(ii) shall be 30 percent, and the State shall provide the
non-Federal share.
``(v) Funds made available under this subparagraph shall be
used to supplement, and not supplant, other Federal, State,
and local funds expended to carry out activities related to
early childhood education and care in the State.
``(vi) Not later than 18 months after the date a State
receives a grant under this subparagraph, the State shall
submit an interim report to the Secretary. A State that
receives a grant under this subparagraph shall submit a final
report to the Secretary at the end of the grant period.'';
and
(D) in subparagraph (G), as redesignated by subparagraph
(B) of this paragraph--
(i) in clause (i)(I), by striking ``child care and early
childhood education programs and resources'' and inserting
``early childhood education and care programs and
resources''; and
(ii) in clause (ii), by striking ``Federal child care or
early childhood education'' and inserting ``Federal early
childhood education or child care''; and
(5) in paragraph (6)--
(A) in subparagraph (A), by striking ``7.5 percent'' and
all that follows and inserting ``not less than 12 percent for
fiscal year 2008, not less than 14 percent for fiscal year
2009, not less than 16 percent for fiscal year 2010, not less
than 18 percent for fiscal year 2011, and not less than 20
percent for fiscal year 2012, of the amount appropriated
pursuant to section 639(a).'';
(B) by striking subparagraph (B);
(C) in subparagraph (C)(i), by striking ``required to be''
each place it appears; and
(D) by redesignating subparagraph (C) as subparagraph (B).
(b) Minimum Enrollment Requirement for Children With
Disabilities.--The first sentence of section 640(d) of the
Head Start Act (42 U.S.C. 9835(d)) is amended to read as
follows: ``The Secretary shall establish policies and
procedures to assure that, for fiscal year 2008 and
thereafter, not less than 10 percent of the total number of
children actually enrolled by each Head Start agency and each
delegate agency will be children with disabilities who are
eligible for special education or early intervention
services, as appropriate, as determined under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.), and
that the Head Start agency or delegate agency involved will
collaborate with the State or local agency providing services
under section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.) to
ensure the provision of services to meet the special needs of
such children.''.
(c) Service Delivery Models.--Section 640(f) of the Head
Start Act (42 U.S.C. 9835(f)) is amended--
(1) by striking ``(f) The'' and inserting ``(f)(1) Not
later than 1 year after the date of enactment of the Head
Start for School Readiness Act, the'';
(2) by striking ``needs.'' and inserting ``needs, including
models that leverage the capacity and capabilities of the
delivery system of early childhood education and care.''; and
(3) by adding at the end the following:
``(2) In establishing the procedures the Secretary shall
establish procedures to provide for--
``(A) the conversion of part-day programs to full-day
programs or part-day slots to full-day slots; and
``(B) serving additional infants and toddlers pursuant to
section 645(a)(5).''.
(d) Additional Funds.--Section 640(g)(2) of the Head Start
Act (42 U.S.C. 9835(g)(2)) is amended--
(1) by striking subparagraph (C) and inserting the
following:
``(C) the extent to which the applicant has undertaken
communitywide strategic planning and needs assessments
involving other community organizations and Federal, State,
and local public agencies serving children and families
(including organizations and agencies providing family
support services and protective services to children and
families and organizations serving families in whose homes
English is not the language customarily spoken), and
individuals, organizations, and public entities serving
children with disabilities, children in foster care, and
homeless children including the local educational agency
liaison designated under section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11432(g)(1)(J)(ii));'';
(2) in subparagraph (D)--
(A) by striking ``community'' the first place it appears
and inserting ``communitywide''; and
(B) by striking ``other local'' and inserting ``the State
and local'';
(3) in subparagraph (E)--
(A) by inserting ``would like to participate but'' after
``community who''; and
(B) by striking ``early childhood program'' and inserting
``early childhood education and care program'';
(4) in subparagraph (G), by inserting ``leverage the
existing delivery systems of such services (existing as of
the date of the allocation decision) and'' after ``manner
that will''; and
(5) in subparagraph (H), by inserting ``, including the
local educational agency liaison designated under section
722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11432(g)(1)(J)(ii)),'' after ``community
involved''.
(e) Vehicle Safety Requirements.--Section 640(i) of the
Head Start Act (42 U.S.C. 9835(i)) is amended--
(1) by striking ``(i)'' and inserting ``(i)(1)'';
(2) in paragraph (1), as so designated, by adding at the
end the following: ``The regulations shall also establish
requirements to ensure the appropriate supervision of, and
appropriate background checks for, individuals with whom the
agencies contract to transport those children.''; and
(3) by adding at the end the following:
``(2)(A) Section 1310.12(a) of title 45, Code of Federal
Regulations, shall take effect 30 days after the date of
enactment of this Act.
``(B)(i) Not later than 60 days after the National Highway
Traffic Safety Administration of the Department of
Transportation submits its study on occupant protection on
Head Start transit vehicles (related to Government
Accountability Office report GAO-06-767R), the Secretary of
Health and Human Services shall review and shall revise as
necessary the allowable alternate vehicle standards described
in part 1310 of that title (or any corresponding similar
regulation or ruling) relating to allowable alternate
vehicles used to transport children for a Head Start program.
In making any such revision, the Secretary shall revise the
standards to be consistent with the findings contained in
such study, including making a determination on the exemption
of such a vehicle from Federal seat spacing requirements, and
Federal supporting seating requirements related to
compartmentalization, if such vehicle meets all other
applicable Federal motor vehicle safety standards, including
standards for seating systems, occupant crash protection,
seat belt assemblies, and child restraint anchorage systems
consistent with that part 1310 (or any corresponding similar
regulation or ruling).
``(ii) Notwithstanding subparagraph (A), until such date as
the Secretary of Health and Human Services completes the
review and any necessary revision specified in clause (i),
the provisions of section 1310.12(a) of that title relating
to Federal seat spacing requirements, and Federal supporting
seating requirements related to compartmentalization, for
allowable alternate vehicles used to transport children for a
Head Start program, shall not apply to such a vehicle if such
vehicle meets all other applicable Federal motor vehicle
safety standards, as described in clause (i).''.
(f) Migrant and Seasonal Head Start Programs.--Section
640(l) of the Head Start Act (42 U.S.C. 9835(l)) is amended--
(1) in paragraph (1), by striking ``and seasonal farmworker
families'' and inserting ``or seasonal farmworkers''; and
(2) by striking paragraph (3) and inserting the following:
``(3) In carrying out this subchapter, the Secretary shall
continue the administrative arrangement at the national level
for meeting the needs of Indian children and children of
migrant or seasonal farmworkers and shall ensure--
``(A) that appropriate funding is provided to meet such
needs, including training and technical assistance provided
by staff with knowledge of and experience in working with
such populations; and
``(B) the appointment of a national Indian Head Start
collaboration director and a national migrant and seasonal
Head Start program collaboration director.
``(4)(A) For the purposes of paragraph (3), the Secretary
shall conduct an annual consultation in each affected Head
Start region, with tribal governments operating Head Start
(including Early Head Start) programs.
``(B) The consultations shall be for the purpose of better
meeting the needs of American Indian and Alaska Native
children and families pertinent to subsection (a)(2)(A),
taking into consideration funding allocations, distribution
formulas, and other issues affecting the delivery of Head
Start services within tribal communities.
``(C) The Secretary shall publish a notification of the
consultations in the Federal Register prior to conducting the
consultations.
``(D) A detailed report of each consultation shall be
prepared and made available, on a timely basis, to all tribal
governments receiving funds under this subchapter.
``(5)(A) In order to increase access to Head Start services
for children of migrant or seasonal farmworkers, the
Secretary shall work
[[Page 16448]]
in collaboration with providers of migrant and seasonal Head
Start programs, the Secretary of Agriculture, the Secretary
of Labor, and the Secretary of Education to--
``(i) collect, report, and share data on farmworkers and
their families in order to adequately account for the number
of children of migrant or seasonal farmworkers who are
eligible for Head Start services and determine how many of
such children receive the services; and
``(ii) identify barriers that prevent children of migrant
or seasonal farmworkers who are eligible for Head Start
services from accessing Head Start services, and develop a
plan for eliminating such barriers, including certain
requirements relating to tracking, health records, and
educational documents.
``(B) Not later than 1 year after the date of enactment of
the Head Start for School Readiness Act, the Secretary shall
publish in the Federal Register a notice about how the
Secretary plans to carry out the activities identified in
subparagraph (A) and shall provide a period for public
comment. To the extent practicable, the Secretary shall
consider comments received before implementing any of the
activities identified in subparagraph (A).
``(C) Not later than 18 months after the date of enactment
of the Head Start for School Readiness Act, the Secretary
shall submit a report to the Committee on Education and Labor
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate detailing how
the Secretary plans to carry out the activities identified in
subparagraph (A).
``(D) The Secretary shall take appropriate caution to
ensure the protection of the confidentiality of any
personally identifiable data, information, and records
collected or maintained regarding children and families
served by migrant and seasonal Head Start programs.
``(E) Nothing in this paragraph shall be construed to
authorize the development of a nationwide database of
personally identifiable data, information, or records on
individuals involved in studies or other collections of data
under this paragraph.''.
(g) Homeless Children.--Section 640 of the Head Start Act
(42 U.S.C. 9835) is amended by adding at the end the
following:
``(m) Enrollment of Homeless Children.--The Secretary shall
issue regulations to remove barriers to the enrollment and
participation of homeless children in Head Start programs.
Such regulations shall require Head Start agencies to--
``(1) implement policies and procedures to ensure that
homeless children are identified and receive priority for
enrollment;
``(2) allow homeless children to apply to, enroll in, and
attend Head Start programs while required documents, such as
proof of residency, proof of immunization, and other medical
records, birth certificates, and other documents, are
obtained within a reasonable timeframe; and
``(3) coordinate individual Head Start programs with
efforts to implement subtitle B of title VII of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).
``(n) Rule of Construction.--Nothing in this subchapter
shall be construed to require a State to establish a program
of early childhood education and care for children in the
State, to require any child to participate in a program in
order to attend preschool, or to participate in any initial
screening prior to participation in a program of early
childhood education and care, except as provided under
section 612(a)(3) of the Individuals with Disabilities
Education Act (20 U.S.C. 1412(a)(3)) and consistent with
section 635(a)(5) of such Act (20 U.S.C. 1435(a)(5)).
``(o) Curricula.--All curricula funded under this
subchapter shall be scientifically based, developmentally and
linguistically based (to the extent practicable), and age
appropriate. The curricula shall reflect all areas of child
development and learning. Parents shall have the opportunity
to examine any such curricula or instructional materials
funded under this subchapter.''.
SEC. 7. DESIGNATION OF HEAD START AGENCIES.
Section 641 of the Head Start Act (42 U.S.C. 9836) is
amended to read as follows:
``SEC. 641. DESIGNATION OF HEAD START AGENCIES.
``(a) Designation.--
``(1) In general.--The Secretary is authorized to designate
as a Head Start agency any local public or private nonprofit
or for-profit agency, within a community, including a
community-based organization that--
``(A) has power and authority to carry out the purpose of
this subchapter and perform the functions set forth in
section 642 within a community; and
``(B) is determined to have the capacity to plan, conduct,
administer, and evaluate, either directly or by other
arrangements, a Head Start program.
``(2) Required goals for designation.--In order to be
designated as a Head Start agency, an entity described in
paragraph (1) shall--
``(A) establish program goals for improving the school
readiness of children participating in a program under this
subchapter, including goals for meeting the performance
standards described in section 641A(a)(1) and shall establish
results-based school readiness goals that are aligned with
the Head Start Child Outcomes Framework, State early learning
standards (as appropriate), and requirements and expectations
for local public schools; and
``(B) have a governing body--
``(i) with legal and fiscal responsibility for
administering and overseeing programs under this subchapter;
``(ii) that fully participates in the development,
planning, and evaluation of the programs to ensure the
operation of programs of high quality;
``(iii) that is responsible for ensuring compliance with
Federal laws and regulations, including the performance
standards described in section 641A(a)(1), as well as
applicable State, tribal, and local laws and regulations,
including laws defining the nature and operations of the
governing body; and
``(iv) that has procedures to facilitate meaningful
consultation and collaboration about decisions of the
governing body and the policy council established under
paragraph (3).
``(3) Establishment of policy council upon designation.--
Upon receiving designation as a Head Start agency, the agency
shall establish a policy council that--
``(A) in accordance with paragraph (5)(C), shall make
decisions that influence the character of programs consistent
with paragraph (5)(F); and
``(B) with the governing body, shall establish processes to
resolve internal disputes.
``(4) Eligibility for subsequent grants.--In order to
receive a grant under this subchapter subsequent to the
initial grant provided following the date of enactment of the
Head Start for School Readiness Act, an entity described in
paragraph (1) shall demonstrate that the entity has met or is
making progress toward meeting the goals described in
paragraph (2)(A).
``(5) Governing body and policy council.--
``(A) Establishment of governing body.--Each Head Start
agency shall establish a governing body in accordance with
paragraph (2)(B).
``(B) Composition of governing body.--
``(i) In general.--The governing body shall be composed as
follows:
``(I) Not less than 1 member of the governing body shall
have a background in fiscal management.
``(II) Not less than 1 member of the governing body shall
have a background in early childhood education and care.
``(III) Not less than 1 member of the governing body shall
be a licensed attorney familiar with issues that come before
the governing body.
``(IV) Additional members shall reflect the community to be
served, and include parents of children who are currently, or
were formerly, enrolled in Head Start programs.
``(V) In the case in which the governing body is a part of
a Head Start agency that is a public agency, members of the
governing body shall include elected or appointed public
officials.
``(ii) Consultants.--In the case that persons described in
clause (i) are not available to serve as members of the
governing body, the governing body shall make use of
consultants in the areas described in clause (i) to work
directly with the governing body.
``(iii) Conflict of interest.--Members of the governing
body shall--
``(I) not have a conflict of interest with the Head Start
agency (including any delegate agency); and
``(II) not receive compensation for the purposes of serving
on the governing body or for providing services to the Head
Start agency.
``(C) Responsibilities of governing body.--
``(i) In general.--The governing body shall be responsible
for--
``(I) the selection of delegate agencies and such agencies'
service areas;
``(II) establishing procedures and criteria for
recruitment, selection, and enrollment;
``(III) all funding applications and amendments to funding
applications for programs under this subchapter;
``(IV) establishing procedures and guidelines to access and
collect the information described in paragraph (6);
``(V) review and approval of--
``(aa) the annual self-assessment, financial audit, and
findings from the Federal monitoring review, of the Head
Start agency (including any delegate agency); and
``(bb) such agency's progress in carrying out the
programmatic and fiscal intent of such agency's grant
application;
``(VI) developing procedures for how members of the policy
council of the Head Start agency are selected, consistent
with subparagraph (E)(ii);
``(VII) financial audits, accounting, and reporting;
``(VIII) personnel policies and procedures regarding
hiring, termination, salary scales (and changes made to the
scale), and salaries of the Executive Director, Head Start
Director, the Director of Human Resources, the Chief Fiscal
Officer, and any equivalent position; and
``(IX) review and approval of the community assessment,
including any updates to such assessment.
``(ii) Conduct of responsibilities.--The governing body
shall ensure the development and approval of an internal
control structure to facilitate those responsibilities in
order to--
[[Page 16449]]
``(I) safeguard Federal funds;
``(II) comply with laws and regulations that have an impact
on financial statements;
``(III) detect or prevent noncompliance with this
subchapter; and
``(IV) receive financial audit reports and direct and
monitor staff implementation of corrective actions.
``(iii) Committees.--The governing body shall, to the
extent practicable and appropriate, establish--
``(I) advisory committees to oversee responsibilities
related to financial auditing and finances of the Head Start
agency, as well as compliance with Federal, State, and local
laws and regulations; and
``(II) at the discretion of the governing body, additional
advisory committees to study and make recommendations on
areas related to the improvement of the Head Start program.
``(D) Establishment of policy council.--Each Head Start
agency shall establish a policy council in accordance with
paragraph (3).
``(E) Composition of policy council.--
``(i) In general.--The policy council shall consist of--
``(I) parents of children currently enrolled in the
programs of the Head Start agency (including any delegate
agency), which shall constitute a majority of the membership
of the policy council; and
``(II) members at large of the community served by the Head
Start agency, which may include parents of children
previously enrolled in the programs of the Head Start agency
(including any delegate agency).
``(ii) Selection.--Parents serving on the policy council
shall be elected by parents of children currently enrolled in
the programs of the Head Start agency (including any delegate
agency) and shall represent, proportionately, all program
options and settings operated by the Head Start agency
(including any delegate agency).
``(iii) Conflict of interest.--Members of the policy
council shall--
``(I) not have a conflict of interest with the Head Start
agency (including any delegate agency); and
``(II) not receive compensation for serving on the policy
council or for providing services to the Head Start agency.
``(F) Responsibilities of policy council.--The policy
council shall be responsible for--
``(i) program planning, including--
``(I) program design, including long and short term program
goals, all funding applications and amendments to funding
applications, and objectives based on the annual
communitywide assessment and self-assessment;
``(II) program recruitment, selection, and enrollment
priorities; and
``(III) budget planning for program expenditures consistent
with subparagraph (C)(i)(VII), including polices for
reimbursement and participation in policy council activities;
``(ii) program operation consistent with subparagraph
(C)(i)(VIII), including implementation of standards of
conduct for program staff, contractors, and volunteers and
criteria for the employment and dismissal of program staff;
and
``(iii) activities to support the active involvement of
parents in supporting program operations, including policies
to ensure that the Head Start program is responsive to
community and parent needs.
``(6) Information sharing.--The governing body and the
policy council shall share with each other regular and
accurate information for use by both entities about program
planning, policies, and Head Start agency operations,
including--
``(A) monthly financial statements (including detailed
credit card account expenditures for any employee with a Head
Start agency credit card or who seeks reimbursement for
charged expenses);
``(B) monthly program information summaries;
``(C) program enrollment reports, including attendance
reports for children whose care is partially subsidized by
another public agency;
``(D) monthly reports of meals and snacks provided through
programs of the Department of Agriculture;
``(E) the financial audit;
``(F) the annual self-assessment, including any findings
related to the annual self-assessment;
``(G) the community assessment of the Head Start agency's
service area and any applicable updates;
``(H) communication and guidance from the Secretary; and
``(I) the program information reports.
``(7) Training and technical assistance.--Appropriate
training and technical assistance shall be provided to the
members of the governing body and the policy council to
ensure that the members understand the information the
members receive and can effectively oversee and participate
in the programs of the Head Start agency.
``(b) Communities.--For purposes of this subchapter, a
community may be a city, county, or multicity or multicounty
unit within a State, an Indian reservation (including Indians
in any off-reservation area designated by an appropriate
tribal government in consultation with the Secretary), or a
neighborhood or other area (irrespective of boundaries or
political subdivisions) that provides a suitable
organizational base and possesses the commonality of interest
needed to operate a Head Start program.
``(c) Redesignation.--
``(1) In general.--In administering the provisions of this
section, the Secretary shall, in consultation with the
Governor of the State involved, redesignate as a Head Start
agency any Head Start agency (including any delegate agency)
that is high performing, as determined by meeting each of the
following criteria:
``(A) Is receiving assistance under this subchapter.
``(B) Meets or exceeds standards described in section
641A(a)(1) (including program and financial management
requirements).
``(C) Has no unresolved deficiencies, including having
resolved any deficiencies found during the last triennial
review under section 641A(c).
``(D) Can demonstrate, through agreements such as memoranda
of understanding, active collaboration with the State or
local community in the provision of services for children
(such as the provision of extended day services, education,
professional development and training for staff, and other
types of cooperative endeavors).
``(E) Completes and submits the appropriate reapplication
forms as required by the Secretary.
``(2) Limitation.--A Head Start agency with a triennial
review under section 641A(c) scheduled not later than 18
months after the date of enactment of the Head Start for
School Readiness Act shall not be subject to the criteria
described in paragraph (1) for that review in order to be
redesignated. The Head Start agency shall be subject to the
criteria for any subsequent triennial review.
``(d) Designation When No Entity Is Redesignated.--If no
entity in a community is redesignated according to subsection
(c), the Secretary shall, after conducting an open
competition, designate a Head Start agency from among
qualified applicants in such community.
``(e) Effectiveness.--In selecting from among qualified
applicants for designation as a Head Start agency, the
Secretary shall consider the effectiveness of each such
applicant to provide Head Start services, based on--
``(1) any past performance of such applicant in providing
services comparable to Head Start services, including how
effectively such applicant provided such comparable services;
``(2) the plan of such applicant to provide comprehensive
health, educational, nutritional, social, and other services
needed to aid participating children in attaining their full
potential, and to prepare children to succeed in school;
``(3) the capacity of such applicant to serve eligible
children with programs that use scientifically based research
that promote school readiness of children participating in
the program;
``(4) the plan of such applicant to meet standards set
forth in section 641A(a)(1), with particular attention to the
standards set forth in subparagraphs (A) and (B) of such
section;
``(5) the plan of such applicant to coordinate the Head
Start program the applicant proposes to carry out with other
preschool programs, including--
``(A) the Early Reading First and Even Start programs under
subparts 2 and 3 of part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6371 et seq., 6381
et seq.);
``(B) other preschool program under title I of that Act (20
U.S.C. 6301 et seq.);
``(C) programs under section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419,
1431 et seq.);
``(D) State prekindergarten programs;
``(E) child care programs;
``(F) the educational programs that the children in the
Head Start program involved will enter at the age of
compulsory school attendance; and
``(G) reading readiness programs such as those conducted by
public and school libraries;
``(6) the plan of such applicant to coordinate the Head
Start program that the applicant proposes to carry out with
public and private entities who are willing to commit
resources to assist the Head Start program in meeting its
program needs;
``(7) the plan of such applicant to collaborate with a
local library, where available, that is interested in that
collaboration, to--
``(A) develop innovative programs to excite children about
the world of books, such as programs that involve--
``(i) taking children to the library for a story hour;
``(ii) promoting the use of library cards;
``(iii) developing a lending library or using a mobile
library van; and
``(iv) providing fresh books in the Head Start classroom on
a regular basis;
``(B) assist in literacy training for Head Start teachers;
and
``(C) support parents and other caregivers in literacy
efforts;
``(8) the plan of such applicant--
``(A) to facilitate the involvement of parents of
participating children in activities (at home and in the
center involved where
[[Page 16450]]
practicable) designed to help such parents become full
partners in the education of their children;
``(B) to afford such parents the opportunity to participate
in the development and overall conduct of the program at the
local level, including through providing transportation
costs;
``(C) to offer (directly or through referral to local
entities, such as entities carrying out Even Start programs
under subpart 3 of part B of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.),
public and school libraries, and entities carrying out family
support programs) to such parents--
``(i) family literacy services; and
``(ii) parenting skills training;
``(D) to offer to parents of participating children
substance abuse counseling (either directly or through
referral to local entities), if needed, including information
on the effect of drug exposure on infants and fetal alcohol
syndrome;
``(E) at the option of such applicant, to offer (directly
or through referral to local entities) to such parents--
``(i) training in basic child development (including
cognitive development);
``(ii) assistance in developing literacy and communication
skills;
``(iii) opportunities to share experiences with other
parents (including parent mentor relationships);
``(iv) regular in-home visitation; or
``(v) any other activity designed to help such parents
become full partners in the education of their children;
``(F) to provide, with respect to each participating
family, a family needs assessment that includes consultation
with such parents (including foster parents and grandparents,
where applicable) about the benefits of parent involvement
and about the activities described in subparagraphs (C), (D),
and (E) in which such parents may choose to become involved
(taking into consideration their specific family needs, work
schedules, and other responsibilities); and
``(G) to extend outreach to fathers, in appropriate cases,
in order to strengthen the role of fathers in families, in
the education of their young children, and in the Head Start
program, by working directly with fathers and father figures
through activities such as--
``(i) in appropriate cases, including fathers in home
visits and providing opportunities for direct father-child
interactions; and
``(ii) targeting increased male participation in the
conduct of the program;
``(9) the ability of such applicant to carry out the plans
described in paragraphs (2), (4), and (5);
``(10) other factors related to the requirements of this
subchapter;
``(11) the plan of such applicant to meet the needs of
limited English proficient children and their families,
including procedures to identify such children, plans to
provide trained personnel, and plans to provide services to
assist the children in making progress toward the acquisition
of the English language;
``(12) the plan of such applicant to meet the needs of
children with disabilities, including procedures to identify
such children, procedures for referral of such children for
evaluation to State and local agencies providing services
under section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq), and
plans for collaboration with those State and local agencies;
``(13) the plan of such applicant who chooses to assist
younger siblings of children who will participate in the Head
Start program, to obtain health services from other sources;
``(14) the plan of such applicant to collaborate with other
entities providing early childhood education and care in the
community;
``(15) the plan of such applicant to meet the needs of
homeless children and children in foster care, including the
transportation needs of such children; and
``(16) the plan of such applicant to recruit and retain
qualified staff.
``(f) Involvement of Parents and Area Residents.--The
Secretary shall continue the practice of involving parents
and area residents who are affected by programs under this
subchapter in the selection of qualified applicants for
designation as Head Start agencies.
``(g) Priority.--In selecting from among qualified
applicants for designation as a Head Start agency, the
Secretary shall give priority to applicants that have
demonstrated capacity in providing effective, comprehensive,
and well-coordinated early childhood education and care to
children and their families.
``(h) Interim Basis.--If there is not a qualified applicant
in a community for designation as a Head Start agency, the
Secretary shall designate a qualified agency to carry out the
Head Start program in the community on an interim basis until
a qualified applicant from the community is so designated.
``(i) Prohibition Against Non-Indian Head Start Agency
Receiving a Grant for an Indian Head Start Program.--
``(1) In general.--Notwithstanding any other provision of
law except as provided in paragraph (2), under no condition
may a non-Indian Head Start agency receive a grant to carry
out an Indian Head Start program.
``(2) Exception.--In a community in which there is no
Indian Head Start agency available for designation to carry
out an Indian Head Start program, a non-Indian Head Start
agency may receive a grant to carry out an Indian Head Start
program but only until such time as an Indian Head Start
agency in such community becomes available and is designated
pursuant to this section.''.
SEC. 8. QUALITY STANDARDS; MONITORING OF HEAD START AGENCIES
AND PROGRAMS.
Section 641A of the Head Start Act (42 U.S.C. 9836a) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``642(d)'' and
inserting ``642(c)'';
(B) in paragraph (1)(B)--
(i) in clause (i), by striking ``education performance
standards'' and inserting ``educational performance
standards''; and
(ii) by striking clause (ii) and inserting the following:
``(ii) additional educational standards based on the
recommendations of the National Academy of Sciences panel
described in section 649(h) and other experts in the field,
to ensure that the curriculum involved addresses, and that
the children participating in the program show appropriate
progress toward developing and applying, the recommended
educational outcomes, after the panel considers the
appropriateness of additional educational standards relating
to--
``(I) language skills related to listening, understanding,
speaking, and communicating;
``(II) pre-literacy knowledge and skills;
``(III) premathematics knowledge and skills;
``(IV) scientific abilities;
``(V) general cognitive abilities related to academic
achievement and child development;
``(VI) social and emotional development related to early
learning and school success;
``(VII) physical development; and
``(VIII) in the case of limited English proficient
children, progress toward acquisition of the English language
(which may include progress made with linguistically
appropriate instructional services) while making meaningful
progress in attaining the knowledge, skills, abilities, and
development described in subclauses (I) through (VII);'';
(C) in paragraph (1)(D), by striking ``projects; and'' and
inserting ``projects, including regulations that require that
the facilities used by Head Start agencies (including Early
Head Start agencies and including any delegate agencies) for
regularly scheduled center-based and combination program
option classroom activities--
``(i) shall be in compliance with State and local
requirements concerning licensing for such facilities; and
``(ii) shall be accessible by State and local authorities
for purposes of monitoring and ensuring compliance; and'';
(D) in paragraph (2)--
(i) in subparagraph (B)--
(I) in clause (i), by striking ``the date of enactment of
this section'' and inserting ``the date of enactment of the
Head Start for School Readiness Act'';
(II) in clause (ii), by striking ``the date of enactment of
this Act'' and inserting ``the date of enactment of the Head
Start for School Readiness Act'';
(III) in clause (iii)--
(aa) by striking ``early childhood education and
development'' and inserting ``early childhood education and
care''; and
(bb) by inserting ``homeless children, children in foster
care,'' after ``children with disabilities,'';
(IV) in clause (vi), by striking ``including the language''
and all that follows and inserting ``and the language
background and family structure of such children, and changes
in the population and number of such children who are in
foster care or are homeless children'';
(V) by striking clause (vii) and inserting the following:
``(vii) the need for Head Start agencies to maintain close
and frequent communications with parents, including
conducting periodic meetings to discuss the progress of
individual children in Head Start programs; and
``(viii) the unique challenges faced by individual
programs, including those programs that are seasonal or short
term and those programs that serve rural populations;'';
(ii) in subparagraph (C)(ii), by striking ``the date of
enactment of the Coats Human Services Reauthorization Act of
1998.'' and inserting ``the date of enactment of the Head
Start for School Readiness Act; and''; and
(iii) by adding at the end the following:
``(D) consult with Indian tribes, American Indian and
Alaska Native experts in early childhood education and care,
linguists, and the National Indian Head Start Directors
Association on the review and promulgation of standards under
this subchapter (including standards for language acquisition
and school readiness).'';
(E) by adding at the end the following:
``(4) Evaluations and corrective actions for delegate
agencies.--
[[Page 16451]]
``(A) Procedures.--
``(i) In general.--Subject to clause (ii), the Head Start
agency shall establish procedures relating to its delegate
agencies, including--
``(I) procedures for evaluating delegate agencies;
``(II) procedures for defunding delegate agencies; and
``(III) procedures for appealing a defunding decision
relating to a delegate agency.
``(ii) Termination.--The Head Start agency may not
terminate a delegate agency's contract or reduce a delegate
agency's service area without showing cause or demonstrating
the cost-effectiveness of such a decision.
``(B) Evaluations.--Each Head Start agency--
``(i) shall evaluate its delegate agencies using the
procedures established pursuant to this section, including
subparagraph (A); and
``(ii) shall inform the delegate agencies of the
deficiencies identified through the evaluation that shall be
corrected.
``(C) Remedies to ensure corrective actions.--In the event
that the Head Start agency identifies a deficiency for a
delegate agency through the evaluation, the Head Start agency
shall take action, which may include--
``(i) initiating procedures to terminate the designation of
the agency unless the agency corrects the deficiency;
``(ii) conducting monthly monitoring visits to such
delegate agency until all deficiencies are corrected or the
Head Start agency decides to defund such delegate agency; and
``(iii) releasing funds to such delegate agency--
``(I) only as reimbursements, until all deficiencies are
corrected or the Head Start agency decides to defund such
delegate agency; and
``(II) only if there is continuity of services for children
and families.
``(D) Rule of construction.--Nothing in this paragraph
shall be construed to impact or obviate the responsibilities
of the Secretary with respect to Head Start agencies
(including any delegate agencies) receiving funding under
this subchapter.'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking the paragraph heading and inserting the
following:
``(2) Characteristics and use of measures.--'';
(ii) in subparagraph (B), by striking ``, not later than
July 1, 1999; and'' and inserting a semicolon;
(iii) in subparagraph (C), by striking the period and
inserting a semicolon;
(iv) by striking the flush matter following subparagraph
(C); and
(v) by adding at the end the following:
``(D) measure characteristics that are strongly predictive
(as determined on a scientific basis) of a child's school
readiness and later performance in school;
``(E) be appropriate for the population served; and
``(F) be reviewed not less than every 4 years, based on
advances in the science of early childhood development.
The performance measures shall be issued by regulation and
shall include the performance standards and additional
educational standards described in subparagraphs (A) and (B)
of subsection (a)(1).'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) in subparagraph (B), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(C) to enable Head Start agencies to individualize
programs of instruction to better meet the needs of the child
involved.'';
(C) by striking paragraph (4);
(D) by redesignating paragraph (5) as paragraph (4); and
(E) by adding at the end the following:
``(5) Rule of construction.--Nothing in this subchapter
shall be construed to authorize or permit the Secretary or
any employee or contractor of the Department of Health and
Human Services to mandate, direct, control, or suggest the
selection of a curriculum, a program of instruction, or
instructional materials, for a Head Start program.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking subparagraph (C) and inserting the
following:
``(C) Unannounced site inspections for health and safety
reasons, as appropriate.'';
(ii) by redesignating subparagraph (D) as subparagraph (E);
and
(iii) by inserting after subparagraph (C) the following:
``(D) Followup reviews, including--
``(i) prompt return visits as necessary for failure to meet
1 or more of the performance measures developed by the
Secretary under subsection (b);
``(ii) a review of agencies and programs with citations
that include findings of deficiencies not later than 6 months
after the date of such citation; and
``(iii) followup reviews that incorporate a monitoring
visit without prior notice of the visit to the agency or
program involved or with such limited prior notice as is
necessary to ensure the participation of parents and key
staff members.''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Conduct of reviews.--
``(A) In general.--The Secretary shall ensure that reviews
described in paragraph (1)--
``(i) are performed, to the maximum extent practicable, by
employees of the Department of Health and Human Services who
are knowledgeable about Head Start programs;
``(ii) are conducted by review teams that shall include
individuals who are knowledgeable about Head Start programs
and other early childhood education and care and, to the
maximum extent practicable, the diverse (including linguistic
and cultural) needs of eligible children (including children
with disabilities, homeless children, and children in foster
care) and limited English proficient children and their
families, and personnel management, financial accountability,
and systems development and monitoring;
``(iii) include as part of the reviews of the programs, a
review and assessment of program effectiveness, including
strengths and weaknesses, as measured in accordance with the
results-based performance measures developed by the Secretary
pursuant to subsection (b) and with the performance standards
established pursuant to subsection (a)(1);
``(iv) seek information from the communities and States
where Head Start programs exist about innovative or effective
collaborative efforts, barriers to collaboration, and the
efforts of the Head Start agencies to collaborate with the
entities providing early childhood education and care in the
community;
``(v) include as part of the reviews of the programs, a
review and assessment of whether the programs are in
conformity with the income eligibility requirements under
section 645 and regulations promulgated under such section;
``(vi) include as part of the reviews of the programs, a
review and assessment of whether programs have adequately
addressed population and community needs (including needs of
populations of limited English proficient children and
children of migrant or seasonal farmworkers);
``(vii) include as part of the reviews of the programs, a
review and assessment of whether programs have adequately
addressed the needs of children with disabilities, including
whether the agencies involved have met the 10 percent minimum
enrollment requirement specified in section 640(d) and
whether the agencies have made sufficient efforts to
collaborate with State and local agencies providing services
under section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
``(viii) include as part of the reviews of the programs,
data from the results of periodic child assessments, and a
review and assessment of child outcomes and performance as
they relate to agency-determined school readiness goals
described in section 641(a)(2)(A); and
``(ix) in the case of Early Head Start agencies and
programs, are conducted by a review team that includes
individuals who are knowledgeable about the development of
infants and toddlers.
``(B) Training; quality and consistency.--The Secretary,
from funds available under section 640(a)(2)(D), shall
provide periodic training for supervisors and members of
review teams in such topics as program management and
financial audit performance. The Secretary shall ensure the
quality and consistency across and within regions of reviews
and non-compliance and deficiency determinations by
conducting periodic interrater reliability checks.'';
(4) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A), by inserting
``or fails to address the communitywide strategic plan and
needs assessment identified in section 640(g)(2)(C),'' after
``subsection (b),''; and
(B) in subparagraph (A), by inserting ``and identify the
assistance to be provided consistent with paragraph (3)''
after ``corrected'';
(5) in subsection (e), by striking the last sentence and
inserting ``The information contained in such report shall be
made available to parents with children receiving assistance
under this subchapter in an understandable and uniform
format, and to the extent practicable, in a language that the
parents can understand. Such information shall be made widely
available through public means such as distribution through
public agencies, and, at a minimum, by posting such
information on the Internet immediately upon publication.'';
and
(6) by adding at the end the following:
``(f) Self-Assessments.--
``(1) In general.--Not less frequently than once each
program year, with the consultation and participation of
policy councils, and, as applicable, policy committees, and,
as appropriate, other community members, each agency
receiving funds under this subchapter shall conduct a
comprehensive self-assessment of the agency's effectiveness
and progress in meeting program goals and objectives and in
implementing and complying with performance standards
described in subsection (a)(1).
``(2) Report and improvement plans.--
``(A) Report.--An agency conducting a self-assessment shall
report the findings of
[[Page 16452]]
the self-assessment to the relevant policy council, policy
committee, governing body, and regional office of the
Administration for Children and Families of the Department of
Health and Human Services. Each self-assessment shall
identify areas of strength and weakness.
``(B) Improvement plan.--The agency shall develop an
improvement plan approved by the governing body of the agency
to strengthen any areas identified in the self-assessment as
weaknesses or in need of improvement. The agency shall report
the areas to the appropriate regional office of the
Administration for Children and Families.
``(3) Ongoing monitoring.--Each Head Start agency
(including each Early Head Start agency and including any
delegate agency) shall establish and implement procedures for
the ongoing monitoring of their Head Start (including Early
Head Start) programs, to ensure that the operations of the
programs work toward meeting program goals and objectives and
Head Start performance standards.
``(4) Training and technical assistance.--Funds may be made
available, through section 648(d), for training and technical
assistance to assist agencies in conducting self-assessments.
``(g) Reduction of Grants and Redistribution of Funds in
Cases of Under-Enrollment.--
``(1) Definitions.--In this subsection:
``(A) Actual enrollment.--The term `actual enrollment'
means, with respect to the program of a Head Start agency,
the actual number of children enrolled in such program and
reported by the agency (as required in paragraph (2)) in a
given month.
``(B) Base grant.--The term `base grant' means, with
respect to a Head Start agency for a fiscal year, that
portion of the grant derived--
``(i) from amounts reserved for use in accordance with
section 640(a)(2)(A), for a Head Start agency administering
an Indian Head Start program or migrant or seasonal Head
Start program;
``(ii) from amounts reserved for payments under section
640(a)(2)(B); or
``(iii) from amounts available under section 640(a)(2)(D)
or allotted among States under section 640(a)(4).
``(C) Funded enrollment.--The term `funded enrollment'
means, with respect to the program of a Head Start agency in
a fiscal year, the number of children that the agency is
funded to serve through a grant for the program during such
fiscal year, as indicated in the grant award.
``(2) Enrollment reporting requirement for current fiscal
year.--Each entity carrying out a Head Start program shall
report on a monthly basis to the Secretary and the relevant
Head Start agency--
``(A) the actual enrollment in such program; and
``(B) if such actual enrollment is less than the funded
enrollment, any apparent reason for such enrollment
shortfall.
``(3) Secretarial review and plan.--The Secretary shall--
``(A) on a semiannual basis, determine which Head Start
agencies are operating with an actual enrollment that is less
than the funded enrollment based on not less than 4
consecutive months of data;
``(B) for each such Head Start agency operating a program
with an actual enrollment that is less than 95 percent of its
funded enrollment, as determined under subparagraph (A),
develop, in collaboration with such agency, a plan and
timetable for reducing or eliminating under-enrollment taking
into consideration--
``(i) the quality and extent of the outreach, recruitment,
and communitywide needs assessment conducted by such agency;
``(ii) changing demographics, mobility of populations, and
the identification of new underserved low-income populations;
``(iii) facilities-related issues that may impact
enrollment;
``(iv) the ability to provide full-day programs, where
needed, through funds made available under this subchapter or
through collaboration with entities carrying out other
preschool or child care programs, or programs with other
funding sources (where available);
``(v) the availability and use by families of other
preschool and child care options (including parental care) in
the community served; and
``(vi) agency management procedures that may impact
enrollment; and
``(C) provide timely and ongoing technical assistance to
each agency described in subparagraph (B) for the purpose of
implementing the plan described in such subparagraph.
``(4) Implementation.--Upon receipt of the technical
assistance described in paragraph (3)(C), a Head Start agency
shall immediately implement the plan described in paragraph
(3)(B).
``(5) Secretarial action for continued under-enrollment.--
If, 1 year after the date of implementation of the plan
described in paragraph (3)(B), the Head Start agency
continues to operate a program at less than funded
enrollment, the Secretary shall, where determined
appropriate, continue to provide technical assistance to such
agency.
``(6) Secretarial review and adjustment for chronic under-
enrollment.--
``(A) In general.--If, after receiving technical assistance
and developing and implementing a plan to the extent
described in paragraphs (3), (4), and (5) for 9 months, a
Head Start agency is still operating a program with an actual
enrollment that is less than 95 percent of its funded
enrollment, the Secretary may--
``(i) designate such agency as chronically under-enrolled;
and
``(ii) recapture, withhold, or reduce the base grant for
the program by a percentage equal to the percentage
difference between funded enrollment and actual enrollment
for the program for the most recent year in which the agency
is determined to be under-enrolled under paragraph (3)(A).
``(B) Waiver or limitation of reductions.--If the
Secretary, after the implementation of the plan described in
paragraph (3)(B), finds that--
``(i) the causes of the enrollment shortfall, or a portion
of the shortfall, are beyond the agency's control (such as
serving significant numbers of children of migrant or
seasonal farmworkers, homeless children, children in foster
care, or other highly mobile children);
``(ii) the shortfall can reasonably be expected to be
temporary; or
``(iii) the number of slots allotted to the agency is small
enough that under-enrollment does not constitute a
significant shortfall, the Secretary may, as appropriate,
waive or reduce the percentage recapturing, withholding, or
reduction otherwise required by subparagraph (A).
``(C) Procedural requirements; effective date.--The actions
taken by the Secretary under this paragraph with respect to a
Head Start agency shall take effect 1 day after the date on
which--
``(i) the time allowed for appeal under section 646(a)
expires without an appeal by the agency; or
``(ii) the action is upheld in an administrative hearing
under section 646.
``(7) Redistribution of funds.--
``(A) In general.--The Secretary shall use amounts
recovered from a Head Start agency through recapturing,
withholding, or reduction under paragraph (6) in a fiscal
year--
``(i) in the case of a Head Start agency administering an
Indian Head Start program or a migrant or seasonal Head Start
program, whose base grant is derived from amounts specified
in paragraph (1)(B)(i), to redirect funds to 1 or more
agencies that--
``(I) are administering Head Start programs serving the
same special population; and
``(II) demonstrate that the agencies will use such
redirected funds to increase enrollment in their Head Start
programs in such fiscal year; or
``(ii) in the case of a Head Start agency in a State, whose
base grant is derived from amounts specified in clause (ii)
or (iii) of paragraph (1)(B), to redirect funds to 1 or more
agencies that--
``(I) are administering Head Start programs in the same
State; and
``(II) make the demonstration described in clause (i)(II).
``(B) Special rule.--If there is no agency located in a
State that meets the requirements of subclauses (I) and (II)
of subparagraph (A)(ii), in the case of a Head Start agency
described in subparagraph (A)(ii), the Secretary shall use
amounts described in subparagraph (A) to redirect funds to
Head Start agencies located in other States that make the
demonstration described in subparagraph (A)(i)(II).
``(C) Adjustment to funded enrollment.--The Secretary shall
adjust as necessary the requirements relating to funded
enrollment indicated in the grant agreement of a Head Start
agency receiving redistributed amounts under this paragraph.
``(h) Contract With Nonprofit Intermediary Organization.--
From funds reserved under clause (i) or (ii) of section
640(a)(2)(C) or from whatever other resources the Secretary
determines appropriate, in carrying out the provisions of
this section, the Secretary or a Head Start agency may
contract with a nonprofit intermediary organization that--
``(1) provides evaluations and technical assistance to
improve overall performance management; and
``(2) has an exclusive focus of improving the performance
management and the use of technology in assessing performance
and meeting Head Start regulations and can provide on-site,
hands-on guidance with the implementation of Head Start
programs.''.
SEC. 9. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD.
The Head Start Act is amended by inserting after section
641A (42 U.S.C. 9836a) the following:
``SEC. 641B. CENTERS OF EXCELLENCE IN EARLY CHILDHOOD.
``(a) Definition.--In this section, the term `center of
excellence' means a Center of Excellence in Early Childhood
designated under subsection (b).
``(b) Designation and Bonus Grants.--The Secretary shall,
subject to the availability of funds under this subchapter,
including under subsection (f), establish a program under
which the Secretary shall--
``(1) designate not more than 200 exemplary Head Start
agencies (including Early Head
[[Page 16453]]
Start agencies, Indian Head Start agencies, and migrant and
seasonal Head Start agencies) as Centers of Excellence in
Early Childhood; and
``(2) make bonus grants to the centers of excellence to
carry out the activities described in subsection (d).
``(c) Application and Designation.--
``(1) Application.--
``(A) Nomination and submission.--
``(i) In general.--To be eligible to receive a designation
as a center of excellence under subsection (b), except as
provided in clause (ii), a Head Start agency in a State shall
be nominated by the Governor of the State and shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(ii) Indian and migrant and seasonal head start
programs.--In the case of an Indian Head Start agency or a
migrant or seasonal Head Start agency, to be eligible to
receive a designation as a center of excellence under
subsection (b), such an agency shall be nominated by the head
of the appropriate regional office of the Department of
Health and Human Services and shall submit an application to
the Secretary in accordance with clause (i).
``(B) Contents.--At a minimum, the application shall
include--
``(i) evidence that the Head Start program carried out by
the agency has significantly improved the school readiness
of, and enhanced academic outcomes for, children who have
participated in the program;
``(ii) evidence that the program meets or exceeds
performance standards described in section 641A(a)(1), as
evidenced by successful completion of programmatic and
monitoring reviews, and has no findings of deficiencies with
respect to such standards;
``(iii) evidence that the program is making progress toward
meeting the requirements described in section 648A;
``(iv) evidence demonstrating the existence of a
collaborative partnership among the Head Start agency, the
State (or a State agency), and other providers of early
childhood education and care in the local community involved;
``(v) a nomination letter from the Governor, or appropriate
regional office, demonstrating the agency's ability to
provide the coordination, transition, and training services
of the program to be carried out under the bonus grant
involved, including coordination of activities with State and
local agencies that provide early childhood education and
care to children and families in the community served by the
agency;
``(vi) information demonstrating the existence of a local
council for excellence in early childhood, which shall
include representatives of all the institutions, agencies,
and groups involved in the work of the center for, and the
local provision of services to, eligible children and other
at-risk children, and their families; and
``(vii) a description of how the Center, in order to expand
accessibility and continuity of quality early childhood
education and care, will coordinate activities assisted under
this section with--
``(I) programs carried out under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.);
``(II) other programs carried out under this subchapter,
including the Early Head Start programs carried out under
section 645A;
``(III)(aa) Early Reading First and Even Start programs
carried out under subparts 2 and 3 of part B of title I of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6371 et seq., 6381 et seq.);
``(bb) other preschool programs carried out under title I
of that Act (20 U.S.C. 6301 et seq.); and
``(cc) the Ready-to-Learn Television program carried out
under subpart 3 of part D of title II of that Act (20 U.S.C.
6775 et seq.);
``(IV) programs carried out under section 619 and part C of
the Individuals with Disabilities Education Act (20 U.S.C.
1419, 1431 et seq.);
``(V) State prekindergarten programs; and
``(VI) other programs of early childhood education and
care.
``(2) Selection.--In selecting agencies to designate as
centers of excellence under subsection (b), the Secretary
shall designate not less than 1 from each of the 50 States,
the District of Columbia, an Indian Head Start program, a
migrant or seasonal Head Start program, and the Commonwealth
of Puerto Rico.
``(3) Priority.--In making bonus grant determinations under
this section, the Secretary shall give priority to programs
that, through their applications, demonstrate that they are
of exceptional quality and would serve as exemplary models
for programs in the same geographic region. The Secretary may
also consider the populations served by the applicants, such
as programs that serve large proportions of families of
limited English proficient children or other underserved
populations, and may make bonus grants to programs that do an
exceptional job meeting the needs of children in such
populations.
``(4) Term of designation.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall designate a Head Start agency as a center of
excellence for a 5-year term. During the period of that
designation, subject to the availability of appropriations,
the agency shall be eligible to receive a bonus grant under
subsection (b).
``(B) Revocation.--The Secretary may revoke an agency's
designation under subsection (b) if the Secretary determines
that the agency is not demonstrating adequate performance or
has had findings of deficiencies described in paragraph
(1)(B)(ii).
``(5) Amount of bonus grant.--The Secretary shall base the
amount of funding provided through a bonus grant made under
subsection (b) to a center of excellence on the number of
children eligible for Head Start services in the community
involved. The Secretary shall, subject to the availability of
funding, make such a bonus grant in an amount of not less
than $200,000 per year.
``(d) Use of Funds.--
``(1) Activities.--A center of excellence that receives a
bonus grant under subsection (b)--
``(A) shall use the funds made available through the bonus
grant to model and disseminate, to other Head Start centers
in the State involved, best practices for achieving early
academic success, including--
``(i) best practices for achieving school readiness and
developing pre-literacy and premathematics skills for at-risk
children and achieving the acquisition of the English
language for limited English proficient children; and
``(ii) best practices for providing seamless service
delivery for eligible children and their families;
``(B) may use the funds made available through the bonus
grant--
``(i) to provide Head Start services to additional eligible
children;
``(ii) to better meet the needs of working families in the
community served by the center by serving more children in
existing Early Head Start programs (existing as of the date
the center is designated under this section) or in full-
working-day, full calendar year Head Start programs;
``(iii) to further coordinate early childhood education and
care and social services available in the community served by
the center for at-risk children (birth through age 8), their
families, and pregnant women;
``(iv) to provide training and cross training for Head
Start teachers and staff, child care providers, public and
private preschool and elementary school teachers, and other
providers of early childhood education and care, and training
and cross training to develop agency leaders;
``(v) to provide effective transitions between Head Start
programs and elementary school, to facilitate ongoing
communication between Head Start and elementary school
teachers concerning children receiving Head Start services,
and to provide training and technical assistance to providers
who are public elementary school teachers and other staff of
local educational agencies, child care providers, family
service providers, and other providers of early childhood
education and care, to help the providers described in this
clause increase their ability to work with low-income, at-
risk children and their families;
``(vi) to develop or maintain partnerships with
institutions of higher education and nonprofit organizations,
including community-based organizations, that recruit, train,
place, and support college students to serve as mentors and
reading partners to preschool children in Head Start
programs; and
``(vii) to carry out other activities determined by the
center to improve the overall quality of the Head Start
program carried out by the agency and the program carried out
under the bonus grant involved.
``(2) Involvement of other head start agencies and
providers.--A center that receives a bonus grant under
subsection (b), in carrying out activities under this
subsection, shall work with the center's delegate agencies
and several additional Head Start agencies (especially
agencies that are low-performing on the performance standards
described in section 641A(a)(1)), and other providers of
early childhood education and care in the community involved,
to encourage the agencies and providers described in this
paragraph to carry out model programs.
``(e) Research and Reports.--
``(1) Research.--The Secretary shall, subject to the
availability of funds to carry out this subsection, award a
grant or contract to an independent organization to conduct
research on the ability of the centers of excellence to
improve the school readiness of children receiving Head Start
services, and to positively impact school results in the
earliest grades. The organization shall also conduct research
to measure the success of the centers of excellence at
encouraging the center's delegate agencies, additional Head
Start agencies, and other providers of early childhood
education and care in the communities involved to meet
measurable improvement goals, particularly in the area of
school readiness.
``(2) Report.--Not later than 48 months after the date of
enactment of the Head Start for School Readiness Act, the
organization shall prepare and submit to the Secretary and
Congress a report containing the results of the research
described in paragraph (1).
``(f) Authorization of Appropriations.--There are
authorized to be appropriated for each of fiscal years 2008
through 2012--
[[Page 16454]]
``(1) $90,000,000 to make bonus grants to centers of
excellence under subsection (b) to carry out activities
described in subsection (d);
``(2) $500,000 to pay for the administrative costs of the
Secretary in carrying out this section; and
``(3) $2,000,000 for research activities described in
subsection (e).''.
SEC. 10. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
Section 642 of the Head Start Act (42 U.S.C. 9837) is
amended--
(1) by striking all that precedes ``In order'' the first
place it appears and inserting the following:
``SEC. 642. POWERS AND FUNCTIONS OF HEAD START AGENCIES.
``(a) In General.--''; and
(2) by striking subsections (b) through (e) and inserting
the following:
``(b) Additional Requirements.--In order to be designated
as a Head Start agency under this subchapter, a Head Start
agency shall also--
``(1) establish a program with all standards set forth in
section 641A(a)(1), with particular attention to the
standards set forth in subparagraphs (A) and (B) of such
section;
``(2) demonstrate the capacity to serve eligible children
with scientifically based curricula and other interventions
and support services that help promote the school readiness
of children participating in the program;
``(3) establish effective procedures and provide for the
regular assessment of Head Start children, including
observational and direct formal assessment, where
appropriate;
``(4) establish effective procedures, for determining the
needs of children, that include high quality research based
developmental screening tools that have been demonstrated to
be valid, reliable, and accurate for children from a range of
backgrounds;
``(5) establish effective procedures for timely referral of
children with disabilities to State and local agencies
providing services under section 619 and part C of the
Individuals with Disabilities Education Act (20 U.S.C. 1419,
1431 et seq.), and collaboration with those agencies;
``(6) establish effective procedures for providing
necessary services to children with disabilities prior to an
eligibility determination by the State or local agency
responsible for providing services under section 619 or part
C of such Act;
``(7) require each delegate agency to create a policy
committee, which shall--
``(A) be comprised of members of the community to be
served, including parents of children who are currently
enrolled in the Head Start programs of the Head Start agency;
and
``(B) serve in an advisory capacity to the delegate agency,
to make decisions and recommendations regarding program
planning and operation and parental involvement.
``(8) seek the involvement of parents, area residents, and
local business in the design and implementation of the
program;
``(9) provide for the regular participation of parents and
area residents in the implementation of the program;
``(10) provide technical and other support needed to enable
such parents and area residents to secure, on their own
behalf, available assistance from public and private sources;
``(11) establish effective procedures to carry out
subparagraphs (A) and (B) of section 641(f)(8);
``(12) conduct outreach to schools in which Head Start
children will enroll, local educational agencies, the local
business community, community-based organizations, faith-
based organizations, museums, and libraries to generate
support and leverage the resources of the entire local
community in order to improve school readiness;
``(13) establish effective procedures to carry out section
641(f)(8)(C);
``(14) establish effective procedures to carry out section
641(f)(8)(D);
``(15) establish effective procedures to carry out section
641(f)(8)(E);
``(16) establish effective procedures to carry out section
641(f)(8)(F);
``(17) consider providing services to assist younger
siblings of children participating in its Head Start program,
to obtain health services from other sources;
``(18) perform community outreach to encourage individuals
previously unaffiliated with Head Start programs to
participate in its Head Start program as volunteers;
``(19)(A) inform custodial parents in single-parent
families that participate in programs, activities, or
services carried out or provided under this subchapter about
the availability of child support services for purposes of
establishing paternity and acquiring child support; and
``(B) refer eligible parents to the child support offices
of State and local governments;
``(20) provide parents of limited English proficient
children outreach and information in an understandable and
uniform format and, to the extent practicable, in a language
that the parents can understand; and
``(21) at the option of such agency, partner with an
institution of higher education and a nonprofit organization
to provide college students with the opportunity to serve as
mentors or reading partners to Head Start participants.
``(c) Transition Activities To Facilitate Continued
Progress.--
``(1) In general.--Each Head Start agency shall collaborate
with the entities listed in this subsection, to the maximum
extent possible, to ensure the successful transition of Head
Start children to school, so that such children are able to
build upon the developmental and educational gains achieved
in Head Start programs in further schooling.
``(2) Coordination.--
``(A) Local educational agency.--In communities where both
public prekindergarten programs and Head Start programs
operate, a Head Start agency shall collaborate and coordinate
activities with the local educational agency or other public
agency responsible for the operation of the prekindergarten
program and providers of prekindergarten, including outreach
activities to identify eligible children.
``(B) Elementary schools.--Head Start staff shall, with the
permission of the parents of children enrolled in Head Start
programs, regularly communicate with the elementary schools
such children will be attending to--
``(i) share information about such children;
``(ii) collaborate with the teachers in such elementary
schools regarding teaching strategies and options; and
``(iii) ensure a smooth transition to elementary school for
such children.
``(C) Other programs.--The head of each Head Start agency
shall coordinate activities and collaborate with the State
agency responsible for administering the State program
carried out under the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858 et seq.), other entities
providing early childhood education and care, and the
agencies responsible for administering section 106 of the
Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a),
parts B and E of title IV of the Social Security Act (42
U.S.C. 621 et seq. and 670 et seq.), programs under subtitle
B of title VII of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11431 et seq.), Even Start programs under subpart
3 of part B of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6381 et seq.), and programs
under section 619 and part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.),
serving the children and families served by the Head Start
agency.
``(3) Collaboration.--A Head Start agency shall take steps
to coordinate activities with the local educational agency
serving the community involved and with schools in which
children participating in a Head Start program operated by
such agency will enroll following such program, including--
``(A) collaborating on the shared use of transportation and
facilities, in appropriate cases;
``(B) collaborating to reduce the duplication of services
while increasing the program participation of underserved
populations of eligible children; and
``(C) exchanging information on the provision of
noneducational services to such children.
``(4) Parental involvement.--In order to promote the
continued involvement of the parents of children that
participate in Head Start programs in the education of their
children, the Head Start agency shall--
``(A) provide training to the parents--
``(i) to inform the parents about their rights and
responsibilities concerning the education of their children;
and
``(ii) to enable the parents, upon the transition of their
children to school--
``(I) to understand and work with schools in order to
communicate with teachers and other school personnel;
``(II) to support the schoolwork of their children; and
``(III) to participate as appropriate in decisions relating
to the education of their children; and
``(B) take other actions, as appropriate and feasible, to
support the active involvement of the parents with schools,
school personnel, and school-related organizations.
``(d) Assessment or Evaluation.--Each Head Start agency
shall adopt, in consultation with experts in child
development and with classroom teachers, an assessment or
evaluation to measure whether classroom teachers have
mastered the functions described in section 648A(a)(1) and
have attained a level of literacy appropriate to implement
Head Start curricula.
``(e) Funded Enrollment; Waiting List.--Each Head Start
agency shall enroll 100 percent of its funded enrollment and
maintain an active waiting list at all times with ongoing
outreach to the community and activities to identify
underserved populations.
``(f) Technical Assistance and Training Plan.--In order to
receive funds under this subchapter, a Head Start agency
shall develop an annual technical assistance and training
plan. Such plan shall be based on the agency's self-
assessment, the communitywide needs assessment, and the needs
of parents to be served by such agency.''.
SEC. 11. HEAD START TRANSITION.
Section 642A of the Head Start Act (42 U.S.C. 9837a) is
amended to read as follows:
``SEC. 642A. HEAD START TRANSITION AND ALIGNMENT WITH K-12
EDUCATION.
``(a) In General.--Each Head Start agency shall take steps
to coordinate activities with
[[Page 16455]]
the local educational agency serving the community involved
and with schools in which children participating in a Head
Start program operated by such agency will enroll following
such program, which may include--
``(1) developing and implementing a systematic procedure
for transferring, with parental consent, Head Start program
records for each participating child to the school in which
such child will enroll;
``(2) establishing ongoing channels of communication
between Head Start staff and their counterparts in the
schools (including, as appropriate, teachers, social workers,
health staff, and local educational agency liaisons
designated under section 722(g)(1)(J)(ii) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)))
to--
``(A) facilitate coordination of programs;
``(B) develop continuity of developmentally appropriate
curricular objectives and practices, in order to ensure an
effective transition to school and appropriate shared
expectations for the learning and development of children as
they make the transition to school; and
``(C) provide appropriate linkages between the Head Start
program and educational services, including services related
to language, literacy, and numeracy, provided by such local
educational agency;
``(3) establishing comprehensive transition policies and
procedures that support children transitioning to school,
including by engaging the local education agency in the
establishment of such policies;
``(4) conducting outreach to parents, elementary school
(such as kindergarten) teachers, and Head Start teachers to
discuss the educational, developmental, and other needs of
individual children;
``(5) organizing and participating in joint training,
including transition-related training of school staff and
Head Start staff;
``(6) developing and implementing a family outreach and
support program, in cooperation with entities carrying out
parental involvement efforts under title I of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),
and family outreach and support efforts under subtitle B of
title VII of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11431 et seq.), taking into consideration the language
needs of parents of limited English proficient children;
``(7) assisting families, administrators, and teachers in
enhancing educational and developmental continuity and
continuity of parental involvement in activities between Head
Start services and elementary school classes;
``(8) helping parents understand the importance of parental
involvement in a child's academic success while teaching the
parents strategies for maintaining parental involvement as
their child moves from the Head Start program to elementary
school;
``(9) helping parents understand the instructional and
other services provided by the school in which their child
will enroll after participation in the Head Start program;
and
``(10) coordinating activities and collaborating to ensure
that curricula used in the Head Start program are aligned
with the Head Start Child Outcomes Framework and, as
appropriate, State early learning standards, with regard to
cognitive development (including language, pre-literacy, and
premathematics competencies), and social, emotional, and
physical competencies that children entering kindergarten are
expected to demonstrate.
``(b) Construction.--In this section, a reference to a Head
Start agency, or its program, services, facility, or
personnel, shall not be construed to be a reference to an
Early Head Start agency, or its program, services, facility,
or personnel.''.
SEC. 12. SUBMISSION OF PLANS TO GOVERNORS.
Section 643 of the Head Start Act (42 U.S.C. 9838) is
amended--
(1) in the first sentence--
(A) by striking ``chief executive officer'' and inserting
``Governor''; and
(B) by striking ``45'' and inserting ``30'';
(2) in the last sentence, by striking ``, however,''; and
(3) by adding at the end the following: ``This section
shall not apply to contracts, agreements, grants, loans, or
other assistance for Indian Head Start programs and migrant
and seasonal Head Start programs.''.
SEC. 13. COSTS OF DEVELOPING AND ADMINISTERING A PROGRAM.
Section 644(b) of the Head Start Act (42 U.S.C. 9839(b)) is
amended--
(1) by striking ``Except'' and inserting ``(1) Except'';
and
(2) by adding at the end the following:
``(2)(A) The limitation prescribed by paragraph (1) shall
not prohibit a Head Start agency from expending an amount in
excess of allowable direct costs associated with developing
and administering a program assisted under this subchapter,
if--
``(i) the agency submits an application for a grant year
containing an assurance that--
``(I) the agency will serve a greater percentage of
children in the community involved than were served in the
preceding grant year; and
``(II) the agency will not diminish services provided to
currently enrolled children (as of the date of the
application), including the number of hours and days such
services are provided;
``(ii) any such excess amount does not exceed 5 percent of
the total costs, including the required non-Federal
contributions to such costs, of such program; and
``(iii) in the event that the applicant applies to expend
any such excess amount in a subsequent grant year, the
applicant continues to serve the same number of children as
proposed in the initial application submitted under this
paragraph and accomplishes, relative to the prior Head Start
agency, at least 3 of the 5 improved outcomes.
``(B) In subparagraph (A), the term `improved outcome'
means--
``(i) an increase in average teacher salary;
``(ii) an increase in the number of qualified teachers;
``(iii) a significant increase in the number of children
who receive full-day Head Start services;
``(iv) a decrease in the caseload for family workers; or
``(v) an increase in transportation options for families.
``(C) The Secretary shall approve not more than 10
applications described in subparagraph (A) for a fiscal year,
and to the extent practicable shall ensure participation
under this paragraph of a diverse group of Head Start
agencies, including public, private nonprofit, and for-profit
agencies operating Head Start programs.''.
SEC. 14. PARTICIPATION IN HEAD START PROGRAMS.
Section 645 of the Head Start Act (42 U.S.C. 9840) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by inserting ``130 percent of'' after ``below''; and
(II) by striking ``and'' at the end;
(ii) by redesignating subparagraph (B) as subparagraph (C);
(iii) by inserting after subparagraph (A) the following:
``(B) that the Head Start agencies involved make efforts to
ensure that the programs serve children from families with
incomes below the poverty line prior to serving other income-
eligible children; and''; and
(iv) in the flush matter at the end, by adding at the end
the following: ``A homeless child shall be deemed eligible
for Head Start services.''; and
(B) by adding at the end the following:
``(3)(A) In this paragraph:
``(i) The term `dependent' has the meaning given the term
in paragraphs (2)(A) and (4)(A)(i) of section 401(a) of title
37, United States Code.
``(ii) The terms `member' and `uniformed services' have the
meanings given the terms in paragraphs (23) and (3),
respectively, of section 101 of title 37, United States Code.
``(B) The following amounts of pay and allowance of a
member of the uniformed services shall not be considered to
be income for purposes of determining the eligibility of a
dependent of such member for programs funded under this
subchapter:
``(i) The amount of any special pay payable under section
310 of title 37, United States Code, relating to duty subject
to hostile fire or imminent danger.
``(ii) The amount of basic allowance payable under section
403 of such title, including any such amount that is provided
on behalf of the member for housing that is acquired or
constructed under the alternative authority for the
acquisition and improvement of military housing under
subchapter IV of chapter 169 of title 10, United States Code,
or any other related provision of law.
``(4) After demonstrating a need through a communitywide
needs assessment, a Head Start agency may apply to the
Secretary to convert part-day sessions, particularly
consecutive part-day sessions, into full-day sessions.
``(5)(A) Consistent with a communitywide needs assessment,
a Head Start agency may apply to the Secretary to serve
additional infants and toddlers if the agency submits an
application to the Secretary containing--
``(i) a description of how the needs of pregnant women,
infants, and toddlers will be addressed in accordance with
section 645A(b), and with regulations prescribed by the
Secretary pursuant to section 641A in areas including the
agency's approach to child development and provision of
health services, approach to family and community
partnerships, and approach to program design and management;
``(ii) a description of how the needs of eligible Head
Start children are being and will be served;
``(iii) assurances that the agency will participate in
technical assistance activities (including a planning period,
start-up site visits, and national training activities) in
the same manner as recipients of grants under section 645A;
and
``(iv) evidence that the agency meets the same eligibility
criteria as recipients of grants under section 645A.
``(B) In approving such applications, the Secretary shall
take into account the costs of serving persons under section
645A.
``(C) Any Head Start agency designated under this section
and permitted to use
[[Page 16456]]
grant funds under subparagraph (A) to serve additional
infants and toddlers shall be considered to be an Early Head
Start agency and shall be subject to the same rules,
regulations, and conditions as apply to recipients of grants
under section 645A for those grant funds.''; and
(2) in the first sentence of subsection (c), by striking
``(age 3 to compulsory school attendance)'' and inserting
``(other than children eligible for an Early Head Start
program)''; and
(3) in subsection (d), by adding at the end the following:
``(4) Notwithstanding any other provision of this Act, an
Indian tribe that operates both an Early Head Start program
under section 645A and a Head Start program may, at its
discretion, at any time during the grant period involved,
reallocate funds between the Early Head Start program and the
Head Start program in order to address fluctuations in client
population, including pregnant women and children birth to
compulsory school age. The reallocation of such funds between
programs by an Indian tribe shall not serve as the basis for
the Secretary to reduce a base grant (as defined in section
641A(g)(1)) for either program in succeeding years.''.
SEC. 15. EARLY HEAD START PROGRAMS.
Section 645A of the Head Start Act (42 U.S.C. 9840a) is
amended--
(1) by striking the section heading and inserting the
following:
``SEC. 645A. EARLY HEAD START PROGRAMS.'';
(2) in subsection (b)--
(A) in paragraph (4), by striking ``provide services to
parents to support their role as parents'' and inserting
``provide additional services and research-based activities
to parents to support their role as parents (including
parenting skills training and training in basic child
development)'';
(B) by redesignating paragraphs (5), (6), (7), (8), and (9)
as paragraphs (6), (8), (11), (12), and (13), respectively;
(C) by inserting after paragraph (4) the following:
``(5) where appropriate and in conjunction with services
provided under this section to the children's immediate
families (or as approved by the Secretary), provide home-
based services to family child care homes, and kin
caregivers, caring for infants and toddlers who also
participate in Early Head Start programs, to provide
continuity in supporting the children's cognitive, social,
emotional, and physical development;'';
(D) in paragraph (6), as redesignated by subparagraph (B)--
(i) by inserting ``(including home-based services)'' after
``with services'';
(ii) by inserting ``and homeless infants and toddlers''
after ``disabilities''; and
(iii) by inserting ``, and family support services'' after
``health services'';
(E) by inserting after paragraph (6), as redesignated by
subparagraph (B), the following:
``(7) ensure that children with documented behavioral
problems, including problems involving behavior related to
prior or existing trauma, receive appropriate screening and
referral;'';
(F) by inserting after paragraph (8), as redesignated by
subparagraph (B), the following:
``(9) develop and implement a systematic procedure for
transitioning children and parents from an Early Head Start
program to a Head Start program or another local program of
early childhood education and care;
``(10) establish channels of communication between staff of
Early Head Start programs and staff of Head Start programs or
other local providers of early childhood education and care,
to facilitate the coordination of programs;''; and
(G) in paragraph (12), as redesignated by subparagraph
(B)--
(i) by striking ``and providers'' and inserting ``,
providers''; and
(ii) by inserting ``, and the agencies responsible for
administering section 106 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106a) and parts B and E of title IV
of the Social Security Act (42 U.S.C. 621 et seq. and 670 et
seq.)'' after ``(20 U.S.C. 1400 et seq.)'';
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``, including tribal
governments and entities operating migrant and seasonal Head
Start programs'' after ``subchapter''; and
(B) in paragraph (2), by inserting ``, including community-
based organizations'' after ``private entities'';
(4) in subsection (g)(2)--
(A) in subparagraph (A), by adding at the end the
following: ``In determining the amount so reserved, the
Secretary shall consider the number of Early Head Start
programs newly funded for that fiscal year.''; and
(B) in subparagraph (B)--
(i) in clause (ii), by inserting ``, including supporting
infant and toddler specialists to assist such staff and
improve the programs carried out under this section'' after
``section''; and
(ii) by striking clause (iv) and inserting the following:
``(iv) providing professional development and personnel
enhancement activities, including the provision of funds to
recipients of grants under subsection (a), relating to--
``(I) effective methods of conducting parent education,
home visiting, and promoting quality early childhood
development;
``(II) recruiting and retaining qualified staff; and
``(III) increasing program participation for underserved
populations of eligible children.''; and
(5) by adding at the end the following:
``(h) Staff Qualifications and Development.--
``(1) Center-based staff.--The Secretary shall establish
staff qualification goals to ensure that, not later than
September 30, 2012, all teachers providing direct services to
Early Head Start children and families in Early Head Start
centers have a minimum of a child development associate
credential or an associate degree, and have been trained (or
have equivalent course work) in early childhood development
with a focus on infant and toddler development.
``(2) Home visitor staff.--
``(A) Standards.--In order to further enhance the quality
of home visiting services provided to families of children
participating in home-based, center-based, or combination
program options under this subchapter, the Secretary shall
establish standards for training, qualifications, and the
conduct of home visits for home visitor staff in Early Head
Start programs.
``(B) Contents.--The standards for training,
qualifications, and the conduct of home visits shall include
content related to--
``(i) structured child-focused home visiting that promotes
parents' ability to support the child's cognitive, social,
emotional, and physical development;
``(ii) effective strengths-based parent education,
including methods to encourage parents as their child's first
teachers;
``(iii) early childhood development with respect to
children from birth through age 3;
``(iv) methods to help parents promote emergent literacy in
their children from birth through age 3, including use of
research-based strategies to support the development of
literacy and language skills for children who are limited
English proficient;
``(v) health, vision, hearing, and developmental
screenings;
``(vi) strategies for helping families coping with crisis;
and
``(vii) the relationship of health and well-being of
pregnant women to prenatal and early child development.''.
SEC. 16. APPEALS, NOTICE, AND HEARING AND RECORDS AND
FINANCIAL AUDITS.
(a) Appeals, Notice, and Hearing.--Section 646(a) of the
Head Start Act (42 U.S.C. 9841(a)) is amended by striking
paragraphs (3) and (4) and inserting the following:
``(3) financial assistance under this subchapter may be
terminated or reduced, and an application for refunding may
be denied, after the recipient has been afforded reasonable
notice and opportunity for a full and fair hearing,
including--
``(A) a right to file a notice of appeal of a decision not
later than 30 days after notice of the decision from the
Secretary; and
``(B) access to a full and fair hearing of the appeal, not
later than 120 days after receipt by the Secretary of the
notice of appeal;
``(4) the Secretary shall develop and publish procedures
(including mediation procedures) to be used in order to--
``(A) resolve in a timely manner conflicts potentially
leading to an adverse action between--
``(i) recipients of financial assistance under this
subchapter; and
``(ii) delegate agencies, or policy councils of Head Start
agencies;
``(B) avoid the need for an administrative hearing on an
adverse action; and
``(C) prohibit a Head Start agency from expending financial
assistance awarded under this subchapter for the purpose of
paying legal fees pursuant to an appeal under paragraph (3),
except that such fees shall be reimbursed by the Secretary if
the agency prevails in such decision; and
``(5) the Secretary may suspend funds to a grantee under
this subchapter--
``(A) except as provided in subparagraph (B), for not more
than 30 days; or
``(B) in the case of a grantee under this subchapter that
has multiple and recurring deficiencies for 180 days or more
and has not made substantial and significant progress toward
meeting the goals of the grantee's quality improvement plan
or eliminating all deficiencies identified by the Secretary,
during the hearing of an appeal described in paragraph (3),
for any amount of time, including permanently.''.
(b) Records and Financial Audits.--
(1) Heading.--Section 647 of the Head Start Act (42 U.S.C.
9842) is amended by striking the section heading and
inserting the following: ``records and financial audits''.
(2) Recipients.--Section 647(a) of the Head Start Act (42
U.S.C. 9842(a)) is amended by striking ``Each recipient of''
and inserting ``Each Head Start center, including each Early
Head Start center, receiving''.
(3) Financial audits.--Subsections (a) and (b) of section
647 of the Head Start Act (42 U.S.C. 9842) are amended by
striking ``audit'' and inserting ``financial audit''.
(4) Accounting.--Section 647 of the Head Start Act (42
U.S.C. 9842) is amended by adding at the end the following:
[[Page 16457]]
``(c) Each Head Start center, including each Early Head
Start center, receiving financial assistance under this
subchapter shall maintain, and annually submit to the
Secretary, a complete accounting of its administrative
expenses, including expenses for salaries and compensation
funded under this subchapter and provide such additional
documentation as the Secretary may require.''.
SEC. 17. TECHNICAL ASSISTANCE AND TRAINING.
Section 648 of the Head Start Act (42 U.S.C. 9843) is
amended--
(1) in subsection (a)(2), by striking ``(b) and (c)'' and
inserting ``(b), (c), and (d)'';
(2) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(3) by inserting after subsection (a) the following:
``(b) The Secretary shall make available funds set aside in
section 640(a)(2)(C)(ii) to support a State system of
training and technical assistance (which may include such a
system for a consortium of States within a region) that
improves the capacity of Head Start programs to deliver
services in accordance with the standards described in
section 641A(a)(1), with particular attention to the
standards described in subparagraphs (A) and (B) of such
section. The Secretary shall--
``(1) ensure that agencies with demonstrated expertise in
providing high-quality training and technical assistance to
improve the delivery of Head Start services, including the
State Head Start Associations, State agencies, Indian Head
Start agencies, migrant and seasonal Head Start agencies, and
other entities providing training and technical assistance in
early childhood education and care, for the State (including
such a consortium of States within a region), are included in
the planning and coordination of the system; and
``(2) encourage States (including such consortia) to
supplement the funds authorized in section 640(a)(2)(C)(ii)
with Federal, State, or local funds other than funds made
available under this subchapter, to expand training and
technical assistance activities beyond Head Start agencies to
include other providers of other early childhood education
and care within a State (including such a consortium).'';
(4) in paragraph (3) of subsection (c), as redesignated by
paragraph (2), by striking ``child care and early childhood
programs'' and inserting ``early childhood education and care
programs'';
(5) in subsection (d), as redesignated by paragraph (2)--
(A) in paragraph (1)(B)(ii), by striking ``educational
performance measures'' and inserting ``measures'';
(B) in paragraph (2), by inserting ``and for activities
described in section 1222(d) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6372(d))'' after ``children
with disabilities'';
(C) in paragraph (3), by striking ``early childhood
professional development systems'' and inserting
``professional development systems regarding early childhood
education and care'';
(D) in paragraph (5), by inserting ``, including assessing
the needs of homeless children and their families'' after
``needs assessment'';
(E) by striking paragraph (7) and inserting the following:
``(7) assist Head Start agencies in better serving the
needs of families with very young children, including
providing support and program planning and implementation
assistance for Head Start agencies that apply to serve or are
serving additional infants and toddlers with funds previously
used for 3- and 4-year-olds in accordance with section
645(a)(5);'';
(F) in paragraph (10), by striking ``; and'' and inserting
a semicolon;
(G) in paragraph (11), by striking the period and inserting
a semicolon; and
(H) by adding at the end the following:
``(12) assist Head Start agencies in increasing the program
participation of homeless children;
``(13) provide training and technical assistance to members
of governing bodies, policy councils, and, as appropriate,
policy committees, to ensure that the members can fulfill
their functions;
``(14) provide training and technical assistance to Head
Start agencies to assist such agencies in conducting self-
assessments;
``(15) assist Head Start agencies in improving outreach to,
and the quality of services available to, families of limited
English proficient children, including such services to help
such families learn English, particularly in communities that
have experienced a large percentage increase in the
population of such families;
``(16) assist Head Start agencies and improve programs to
increase the capacity of classroom staff to meet the needs of
children with disabilities in Head Start classrooms;
``(17) provide activities that help ensure that Head Start
programs have qualified staff who can promote prevention of
childhood obesity by integrating into the programs
developmentally appropriate research-based initiatives that
stress the importance of physical activity and nutrition
choices made by children and family, through daily classroom
and family routines; and
``(18) assist Indian Head Start agencies to provide on-site
and off-site training to staff, using approaches that
identify and enhance the positive resources and strengths of
Indian children and families, to improve parent and family
engagement and staff development, particularly with regard to
child and family development.'';
(6) in subsection (e), as redesignated by paragraph (2), by
inserting ``including community-based organizations,'' after
``nonprofit entities,'';
(7) in subsection (f), as redesignated by paragraph (2)--
(A) by striking ``early childhood development and child
care programs'' and inserting ``early childhood education and
care programs''; and
(B) by inserting ``or providing services to children
determined to be abused or neglected, training for personnel
providing services to children referred by entities providing
child welfare services or receiving child welfare services,''
after ``English language)''; and
(8) by adding at the end the following:
``(g) The Secretary shall provide, either directly or
through grants or other arrangements, funds for training of
Head Start personnel in addressing the unique needs of
children with disabilities and their families, migrant and
seasonal farmworker families, families of children with
limited English proficiency, and homeless families.
``(h) Funds used under this section shall be used to
provide high quality, sustained, and intensive, training and
technical assistance in order to have a positive and lasting
impact on classroom instruction. Funds shall be used to carry
out activities related to 1 or more of the following:
``(1) Education and early childhood development.
``(2) Child health, nutrition, and safety.
``(3) Family and community partnerships.
``(4) Other areas that impact the quality or overall
effectiveness of Head Start programs.
``(i) Funds used under this section for training shall be
used for needs identified annually by a grant applicant
(including any delegate agency) in its program improvement
plan, except that funds shall not be used for long-distance
travel expenses for training activities--
``(1) available locally or regionally; or
``(2) substantially similar to locally or regionally
available training activities.
``(j)(1) To support local efforts to enhance early language
and preliteracy development of children in Head Start
programs, and to provide the children with high-quality oral
language skills, and environments that are rich in
literature, in which to acquire language and preliteracy
skills, each Head Start agency, in coordination with the
appropriate State office and the relevant State Head Start
collaboration office, shall ensure that all of the agency's
Head Start teachers receive ongoing training in language and
emergent literacy (referred to in this subsection as
`literacy training'), including appropriate curricula and
assessments to improve instruction and learning. Such
training shall include training in methods to promote
phonological awareness (including phonemic awareness) and
vocabulary development in an age-appropriate and culturally
and linguistically appropriate manner.
``(2) The literacy training shall be provided at the local
level in order--
``(A) to be provided, to the extent feasible, in the
context of the Head Start programs of the State involved and
the children the program involved serves; and
``(B) to be tailored to the early childhood literacy
background and experience of the teachers involved.
``(3) The literacy training shall be culturally and
linguistically appropriate and support children's development
in their home language.
``(4) The literacy training shall include training in how
to work with parents to enhance positive language and early
literacy development at home.
``(5) The literacy training shall include specific methods
to best address the needs of children who are limited English
proficient.
``(6) The literacy training shall include training on how
to best address the language and literacy needs of children
with disabilities, including training on how to work with
specialists in language development.''.
SEC. 18. STAFF QUALIFICATION AND DEVELOPMENT.
Section 648A of the Head Start Act (42 U.S.C. 9843a) is
amended--
(1) in subsection (a)--
(A) by striking paragraph (2) and inserting the following:
``(2) Degree requirements.--
``(A) In general.--The Secretary shall establish staff
qualification goals to ensure that--
``(i) not later than September 30, 2012, all Head Start
teachers nationwide in center-based programs have at least--
``(I)(aa) an associate degree (or equivalent coursework)
relating to early childhood; or
``(bb) an associate degree in a related educational area
and, to the extent practicable, coursework relating to early
childhood; and
``(II) demonstrated teaching competencies, as determined by
the program director involved (including, at a minimum, an
appropriate level of literacy, a demonstrated capacity to be
highly engaged with children,
[[Page 16458]]
and a demonstrated ability to effectively implement an early
childhood curriculum);
``(ii) not later than September 30, 2010, all Head Start
curriculum specialists and education coordinators nationwide
in center-based programs have--
``(I) the capacity to offer assistance to other teachers in
the implementation and adaptation of curricula to the group
and individual needs of a class; and
``(II)(aa) a baccalaureate or advanced degree relating to
early childhood; or
``(bb) a baccalaureate or advanced degree and coursework
equivalent to a major relating to early childhood;
``(iii) not later than September 30, 2010, all Head Start
teaching assistants nationwide in center-based programs
have--
``(I) at least a child development associate credential;
``(II) enrolled in a program leading to an associate or
baccalaureate degree; or
``(III) enrolled in a child development associate
credential program to be completed within 2 years; and
``(iv) not later than September 30, 2013, 50 percent of all
Head Start teachers in center-based programs in each State
(and geographic region for Indian Head Start programs and for
migrant and seasonal Head Start programs) have a
baccalaureate degree relating to early childhood (or a
related educational area), and demonstrated teaching
competencies, as determined by the program director involved
(including, at a minimum, an appropriate level of literacy, a
demonstrated capacity to be highly engaged with children, and
a demonstrated ability to effectively implement an early
childhood curriculum).
``(B) Teacher in-service requirement.--Each Head Start
teacher shall attend not less than 15 clock hours of
professional development per year. Such professional
development shall be high quality, sustained, intensive, and
classroom-focused in order to have a positive and lasting
impact on classroom instruction and the teacher's performance
in the classroom, and regularly evaluated for effectiveness.
``(C) Progress.--
``(i) Report.--The Secretary shall--
``(I) require Head Start agencies to--
``(aa) describe continuing progress each year toward
achieving the goals described in subparagraph (A);
``(bb) submit to the Secretary a report indicating the
number and percentage of classroom instructors in center-
based programs with child development associate credentials
or associate, baccalaureate, or advanced degrees; and
``(II) compile and submit a summary of all program reports
described in subclause (I)(bb) to the Committee on Education
and Labor of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate.
``(ii) Demonstrate progress.--A Head Start agency may
demonstrate that progress by partnering with institutions of
higher education or other programs that recruit, train,
place, and support college students to deliver an innovative
program of early childhood education and care to preschool
children.
``(D) Service requirements.--The Secretary shall establish
requirements to ensure that, in order to enable Head Start
agencies to comply with the requirements of subparagraph (A),
individuals who receive financial assistance under this
subchapter to pursue a degree or credential described in
subparagraph (A) shall--
``(i) teach or work in a Head Start program for a minimum
of 3 years after receiving the degree; or
``(ii) repay the total or a prorated amount of the
financial assistance received based on the length of service
completed after receiving the degree.''; and
(B) in paragraph (3), by striking ``(i) or (ii)'' and
inserting ``(i) or (iv)'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(4) promote the use of appropriate strategies to meet the
needs of special populations (including populations of
limited English proficient children).'';
(3) in subsection (d)(3)(C) by inserting ``, including a
center,'' after ``any agency''; and
(4) by adding at the end the following:
``(f) Professional Development Plans.--Every Head Start
agency and center shall create, in consultation with
employees of the agency or center (including family service
workers), a professional development plan for employees who
provide direct services to children, including a plan for
classroom teachers, curriculum specialists, and education
coordinators, and teaching assistants to meet the
requirements set forth in subsection (a).
``(g) Construction.--In this section, a reference to a Head
Start agency, or its program, services, facility or
personnel, shall not be considered to be a reference to an
Early Head Start agency, or its program, services, facility
or personnel. For purposes of this section, a teacher who is
providing services, in a migrant or seasonal Head Start
program, in a classroom for children under age 3, shall be
considered to be a teacher in an Early Head Start program, as
described in section 645A.''.
SEC. 19. TRIBAL COLLEGES AND UNIVERSITIES HEAD START
PARTNERSHIP.
The Head Start Act (42 U.S.C. 9831 et seq.) is amended by
inserting after section 648A the following:
``SEC. 648B. TRIBAL COLLEGE OR UNIVERSITY HEAD START
PARTNERSHIP PROGRAM.
``(a) Purpose.--The purpose of this section is to promote
social competencies and school readiness in Indian children.
``(b) Tribal College or University Head Start Partnership
Program.--
``(1) Grants.--The Secretary is authorized to award grants,
for periods of not less than 5 years, to Tribal Colleges and
Universities to--
``(A) implement education programs that include education
concerning tribal culture and language and increase the
number of associate, baccalaureate, and advanced degrees in
early childhood education and related fields that are earned
by Indian Head Start agency staff members, parents of
children served by such an agency, and members of the tribal
community involved;
``(B) develop and implement the programs under subparagraph
(A) in technology-mediated formats, including providing the
programs through such means as distance learning and use of
advanced technology, as appropriate; and
``(C) provide technology literacy programs for Indian Head
Start agency staff members and children and families of
children served by such an agency.
``(2) Staffing.--The Secretary shall ensure that the
American Indian Programs Branch of the Head Start Bureau of
the Department of Health and Human Services shall have
staffing sufficient to administer the programs under this
section and to provide appropriate technical assistance to
Tribal Colleges and Universities receiving grants under this
section.
``(c) Application.--Each Tribal College or University
desiring a grant under this section shall submit an
application to the Secretary, at such time, in such manner,
and containing such information as the Secretary may require,
including a certification that the Tribal College or
University has established a partnership with 1 or more
Indian Head Start agencies for the purpose of conducting the
activities described in subsection (b).
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$10,000,000 for fiscal year 2008 and such sums as may be
necessary for each of fiscal years 2009 through 2012.
``(e) Definitions.--In this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
``(2) Tribal college or university.--The term `Tribal
College or University'--
``(A) has the meaning given such term in section 316 of the
Higher Education Act of 1965 (20 U.S.C. 1059c); and
``(B) means an institution determined to be accredited or a
candidate for accreditation by a nationally recognized
accrediting agency or association.''.
SEC. 20. RESEARCH, DEMONSTRATIONS, AND EVALUATION.
Section 649 of the Head Start Act (42 U.S.C. 9844) is
amended--
(1) in subsection (a)(1)(B), by inserting ``, children
determined to be abused or neglected, homeless children, and
children in foster care'' after ``children with
disabilities'';
(2) in subsection (d)--
(A) by redesignating paragraphs (5), (6), (7), (8), (9),
and (10), as paragraphs (6), (8), (9), (10), (11), and (12);
(B) by inserting after paragraph (4) the following:
``(5)(A) identify successful strategies that promote good
oral health and provide effective linkages to quality dental
services through pediatric dental referral networks, for
infants and toddlers participating in Early Head Start
programs and children participating in other Head Start
programs; and
``(B) identify successful strategies that promote good
vision health through vision screenings for such infants,
toddlers, and children, and referrals for appropriate
followup care for those identified as having a vision
problem;'';
(C) in paragraph (6), as redesignated by subparagraph (A),
by striking ``child care, early childhood education, or child
development services'' and inserting ``early childhood
education and care services'';
(D) by inserting after that paragraph (6) the following:
``(7)(A) contribute to understanding the impact of services
related to children with disabilities, delivered in Head
Start classrooms, on both children with disabilities and
typically-developing children; and
``(B) disseminate promising practices for increasing the
availability and quality of such services;'';
(E) in paragraph (10), as redesignated by subparagraph (A),
by adding ``and'' after the semicolon;
(F) by striking paragraph (11), as redesignated by
subparagraph (A);
[[Page 16459]]
(G) by redesignating paragraph (12), as redesignated by
subparagraph (A), as paragraph (11); and
(H) by striking the last sentence;
(3) in subsection (e)(3), by striking ``child care, early
childhood education, or child development services'' and
inserting ``early childhood education and care services'';
(4) in subsection (g)--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i), by striking
``education, and early childhood programs'' and inserting
``and early childhood education and care programs'';
(ii) by striking clause (i); and
(iii) by redesignating clauses (ii) and (iii) as clauses
(i) and (ii), respectively;
(B) in paragraph (2), by striking ``, and research,
education, and early childhood programs'' and inserting ``and
research, and early childhood education and care programs'';
(C) in paragraph (5)(D)--
(i) in clause (i), by striking ``early childhood programs''
and inserting ``early childhood education and care
programs''; and
(ii) in clause (ii), by striking ``early childhood
program'' and inserting ``early childhood education and care
program''; and
(D) in paragraph (7)(C)--
(i) in clause (i), by striking ``2003'' and inserting
``2008''; and
(ii) in clause (ii)--
(I) by striking ``Education and the Workforce'' and
inserting ``Education and Labor''; and
(II) by striking ``Labor and Human Resources'' and
inserting ``Health, Education, Labor, and Pensions''; and
(5) by striking subsection (h) and inserting the following:
``(h) Review of Assessments.--
``(1) Application of study.--When the study on
Developmental Outcomes and Assessments for Young Children by
the National Academy of Sciences is made available to the
Secretary, the Secretary shall--
``(A) incorporate the results of the study, as appropriate
and in accordance with paragraphs (2) and (3), into each
assessment used in the Head Start programs; and
``(B) use the results of the study to develop, inform, and
revise the standards and measures described in section 641A.
``(2) Development and refinement.--In developing and
refining any assessment used in the Head Start programs, the
Secretary shall--
``(A) receive recommendations from the Panel on
Developmental Outcomes and Assessments for Young Children of
the National Academy of Sciences; and
``(B) with respect to the development or refinement of such
assessment, ensure--
``(i) consistency with relevant, nationally recognized
professional and technical standards;
``(ii) validity and reliability for all purposes for which
assessments under this subchapter are designed and used;
``(iii) developmental and linguistic appropriateness of
such assessments for children assessed, including children
who are limited English proficient; and
``(iv) that the results can be used to improve the quality
of, accountability of, and training and technical assistance
in, Head Start programs.
``(3) Additional requirements.--The Secretary, in carrying
out the process described under paragraph (2), shall ensure
that--
``(A) staff administering any assessments under this
subchapter have received appropriate training to administer
such assessments;
``(B) appropriate accommodations for children with
disabilities and children who are limited English proficient
are made;
``(C) the English and Spanish (and any other language, as
appropriate) forms of such assessments are valid and
reliable; and
``(D) such assessments are not used to exclude children
from Head Start programs.
``(4) Suspended implementation of national reporting
system.--The Secretary shall--
``(A) suspend implementation and terminate further
development and use of the National Reporting System; and
``(B) incorporate, as appropriate, recommendations under
paragraph (2)(A) into any assessment used in the Head Start
programs.
``(i) Special Rule.--The use of assessment items and data
on any assessment authorized under this subchapter by any
agent of the Federal Government to rank or compare individual
children or teachers, or to provide rewards or sanctions for
individual children or teachers is prohibited. The Secretary
shall not use the results of a single assessment as the sole
method for assessing program effectiveness or making grantee
funding determinations at the national, regional, or local
level under this subchapter.
``(j) Services to Limited English Proficient Children and
Families.--
``(1) Study.--The Secretary shall conduct a study on the
status of limited English proficient children and their
families in Head Start (including Early Head Start) programs.
``(2) Report.--The Secretary shall prepare and submit to
Congress, not later than September 2011, a report containing
the results of the study, including information on--
``(A) the demographics of limited English proficient
children from birth through age 5, including the number of
such children receiving Head Start (including Early Head
Start) services and the geographic distribution of children
described in this subparagraph;
``(B) the nature of Head Start (including Early Head Start)
services provided to limited English proficient children and
their families, including the types, content, duration,
intensity, and costs of family services, language assistance,
and educational services;
``(C) procedures in Head Start programs for the assessment
of language needs and the transition of limited English
proficient children to kindergarten, including the extent to
which Head Start programs meet the requirements of section
642A for limited English proficient children;
``(D) the qualifications of and training provided to Head
Start (including Early Head Start) teachers serving limited
English proficient children and their families;
``(E) the rate of progress made by limited English
proficient children and their families in Head Start
(including Early Head Start) programs, including--
``(i) the rate of progress of the limited English
proficient children toward meeting the additional educational
standards described in section 641A(a)(1)(B)(ii) while
enrolled in Head Start programs, measured between 1990 and
2006;
``(ii) the correlation between the progress described in
this subparagraph and the type of instruction and educational
program provided to the limited English proficient children;
and
``(iii) the correlation between the progress described in
this subparagraph and the health and family services provided
by Head Start programs to limited English proficient children
and their families; and
``(F) the extent to which Head Start programs make use of
funds under section 640(a)(3) to improve the quality of Head
Start services provided to limited English proficient
children and their families.
``(k) Research and Evaluation Activities Relevant to
Diverse Communities.--For purposes of conducting the study in
described in subsection (j), activities described in section
640(l)(5)(A), and other research and evaluation activities
relevant to limited English proficient children and their
families, migrant and seasonal farmworker families, and other
families from diverse populations served by Head Start
programs, the Secretary shall award, on a competitive basis,
funds from amounts made available under section 639(b) to 1
or more organizations with a demonstrated capacity for
serving and studying the populations involved.''.
SEC. 21. REPORTS.
Section 650 of the Head Start Act (42 U.S.C. 9846) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Education and the Workforce'' and
inserting ``Education and Labor'';
(ii) by striking ``Labor and Human Resources'' and
inserting ``Health, Education, Labor, and Pensions''; and
(iii) by striking ``(including disabled and non-English
language background children)'' and inserting ``(including
children with disabilities, limited English proficient
children, and children participating in Indian Head Start
programs and migrant and seasonal Head Start programs)'';
(B) in paragraph (8), by inserting ``homelessness, children
in foster care,'' after ``ethnic background,'';
(C) in paragraph (12), by inserting ``vision care,'' after
``dental care,'';
(D) in paragraph (14)--
(i) by striking ``Alaskan Natives'' and inserting ``Alaska
Natives''; and
(ii) by striking ``migrant and'' and inserting ``migrant
or''; and
(E) in the flush matter at the end--
(i) by striking ``Education and the Workforce'' and
inserting ``Education and Labor''; and
(ii) by striking ``Labor and Human Resources'' and
inserting ``Health, Education, Labor, and Pensions''; and
(2) in subsection (b)--
(A) by striking ``Education and the Workforce'' and
inserting ``Education and Labor'';
(B) by striking ``Labor and Human Resources'' and inserting
``Health, Education, Labor, and Pensions''; and
(C) by striking ``Native Alaskan'' and inserting ``Alaska
Native''.
SEC. 22. COMPARABILITY OF WAGES.
Section 653 of the Head Start Act (42 U.S.C. 9848) is
amended--
(1) by striking ``The Secretary shall take'' and inserting
``(a) The Secretary shall take''; and
(2) by adding at the end the following:
``(b) No Federal funds shall be used to pay the
compensation of an individual employed by a Head Start agency
in carrying out programs under this subchapter, either as
direct or indirect costs or any proration of such costs, in
an amount in excess of an amount based on the rate payable
for level II of the Executive Schedule under section 5313 of
title 5, United States Code.''.
SEC. 23. LIMITATION WITH RESPECT TO CERTAIN UNLAWFUL
ACTIVITIES.
Section 655 of the Head Start Act (42 U.S.C. 9850) is
amended by inserting ``or in'' after ``assigned by''.
[[Page 16460]]
SEC. 24. POLITICAL ACTIVITIES.
Section 656 of the Head Start Act (42 U.S.C. 9851) is
amended--
(1) by striking all that precedes ``chapter 15'' and
inserting the following:
``SEC. 656. POLITICAL ACTIVITIES.
``(a) State or Local Agency.--For purposes of''; and
(2) by striking subsection (b) and inserting the following:
``(b) Restrictions.--
``(1) In general.--A program assisted under this
subchapter, and any individual employed by, or assigned to or
in, a program assisted under this subchapter (during the
hours in which such individual is working on behalf of such
program), shall not engage in--
``(A) any partisan or nonpartisan political activity or any
other political activity associated with a candidate, or
contending faction or group, in an election for public or
party office; or
``(B) any activity to provide voters or prospective voters
with transportation to the polls or similar assistance in
connection with any such election.
``(2) Rules and regulations.--The Secretary, after
consultation with the Director of the Office of Personnel
Management, may issue rules and regulations to provide for
the enforcement of this section, which may include provisions
for summary suspension of assistance or other action
necessary to permit enforcement on an emergency basis.''.
SEC. 25. PARENTAL CONSENT REQUIREMENT FOR HEALTH SERVICES.
The Head Start Act (42 U.S.C. 9831 et seq.) is amended by
adding at the end the following new section:
``SEC. 657A. PARENTAL CONSENT REQUIREMENT FOR NONEMERGENCY
INTRUSIVE PHYSICAL EXAMINATIONS.
``(a) Definition.--The term `nonemergency intrusive
physical examination' means, with respect to a child, a
physical examination that--
``(1) is not immediately necessary to protect the health or
safety of the child involved or the health or safety of
another individual; and
``(2) requires incision or is otherwise invasive, or
involves exposure of private body parts.
``(b) Requirement.--A Head Start agency shall obtain
written parental consent before administration of any
nonemergency intrusive physical examination of a child in
connection with participation in a program under this
subchapter.
``(c) Rule of Construction.--Nothing in this section shall
be construed to prohibit agencies from using established
methods, for handling cases of suspected or known child abuse
and neglect, that are in compliance with applicable Federal,
State, or tribal law.''.
SEC. 26. CONFORMING AMENDMENT.
Section 2501(c)(1)(C) of the Children's Health Act of 2000
(42 U.S.C. 247b-1 note) is amended by striking ``9840a(h)''
and inserting ``9840a''.
SEC. 27. COMPLIANCE WITH THE IMPROPER PAYMENTS INFORMATION
ACT OF 2002.
(a) Definitions.--In this section, the term--
(1) ``appropriate committees'' means--
(A) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(B) the Committee on Education and Labor of the House of
Representatives; and
(2) ``improper payment'' has the meaning given that term
under section 2(d)(2) of the Improper Payments Information
Act of 2002 (31 U.S.C. 3321 note).
(b) Requirement for Compliance Certification and Report.--
The Secretary of Health and Human Services shall submit a
report to the appropriate committees that--
(1) contains a certification that the Department of Health
and Human Services has, for each program and activity of the
Administration for Children and Families, performed and
completed a risk assessment to determine programs and
activities that are at significant risk of making improper
payments; and
(2) describes the actions to be taken to reduce improper
payments for the programs and activities determined to be at
significant risk of making improper payments.
______
SA 1715. Mr. CRAIG submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce
our Nation's dependency on foreign oil by investing in clean,
renewable, and alternative energy resources, promoting new emerging
energy technologies, developing greater efficiency, and creating a
Strategic Energy Efficiency and Renewables Reserve to invest in
alternative energy, and for other purposes; which was ordered to lie on
the table; as follows:
On page 221, line 21, strike ``and''.
On page 221, between lines 21 and 22, insert the following:
(iv) wood products that are certified under all nationally
recognized sustainable forest certification programs, as
determined by the Director, that are carried out by a third
party; and
On page 221, line 22, strike ``(iv)'' and insert ``(v)''.
____________________
NOTICE OF HEARING
COMMITTEE ON ENERGY AND NATURAL RESOURCES
Mr. BINGAMAN. Mr. President, I would like to announce for the
information of the Senate and the public that a hearing has been
scheduled before the Committee on Energy and Natural Resources. The
hearing will be held on June 27, 2007, at 2:30 p.m. in Room 366 of the
Dirksen Senate Office Building in Washington, DC.
The purpose of the hearing is to receive testimony on S. 1171, a bill
to amend the Colorado River Storage Project Act and Public Law 87-483;
to authorize the construction and rehabilitation of water
infrastructure in northwestern New Mexico; to authorize the use of the
reclamation fund to fund the Reclamation Water Settlements Fund; to
authorize the conveyance of certain reclamation land and
infrastructure; to authorize the Commissioner of Reclamation to provide
for the delivery of water; and to resolve the Navajo Nation's water
rights claims in the San Juan River basin in New Mexico.
Because of the limited time available for the hearing, witnesses may
testify by invitation only. However, those wishing to submit written
testimony for the hearing record should send it to the Committee on
Energy and Natural Resources, U.S. Senate, Washington, DC 20510-6150,
or by email to Gina_W[email protected].
For further information, please contact Michael Connor at (202) 224-
5479 or Gina Weinstock at (202) 224-5684.
____________________
AUTHORITY FOR COMMITTEES TO MEET
Committee on Armed Services
Mr. BROWN. Mr. President, I ask unanimous consent that the Committee
on Armed Services be authorized to meet during the session of the
Senate on Tuesday, June 19, 2007, at 9:30 a.m., in open session to
consider the nomination of the honorable Preston M. Geren, to be
Secretary of the Army.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on finance
Mr. BROWN. Mr. President, I ask unanimous consent that the Committee
on Finance be authorized to meet during the session of the Senate on
Tuesday, June 19, 2007, at 10 a.m., in 215 Dirksen Senate Office
Building, to consider an original bill entitled the ``Energy
Advancement and Investment Act of 2007.''
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on foreign relations
Mr. BROWN. Mr. President, I ask unanimous consent that the Committee
on Foreign Relations be authorized to meet during the session of the
Senate on Tuesday, June 19, 2007, at 10 a.m. to hold a nomination
hearing.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on foreign relations
Mr. BROWN. Mr. President, I ask unanimous consent that the Committee
on Foreign Relations be authorized to meet during the session of the
Senate on Tuesday, June 19, 2007, at 2:30 p.m. to hold a hearing on the
Western Hemisphere Travel Initiative.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on homeland security and governmental affairs
Mr. BROWN. Mr. President, I ask unanimous consent that the Committee
on Homeland Security and Governmental Affairs be authorized to meet
during the session of the Senate, on Tuesday, June 19, 2007, at 9:30
a.m. in order to conduct a hearing entitled: ``The Juvenile Diabetes
Research Foundation and the Federal Government: A Model Public-Private
Partnership Accelerating Research Toward a Cure.''
The PRESIDING OFFICER. Without objection, it is so ordered.
select committee on intelligence
Mr. BROWN. Mr. President, I ask unanimous consent that the Select
Committee on Intelligence be authorized to meet during the session of
the
[[Page 16461]]
Senate on June 19, 2007 at 2:30 p.m. to hold an open hearing.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PRIVILEGES OF THE FLOOR
Mrs. MURRAY. Mr. President, I ask unanimous consent that Crystal
Bridgeman, a fellow on my staff, be granted floor privileges for the
remainder of this session.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BINGAMAN. Mr. President, I ask unanimous consent that Jodie
Sweitzer, an intern with my staff on the Energy and Natural Resources
Committee, be granted the privileges of the floor during the remainder
of debate on the energy bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
IMPROVING HEAD START ACT OF 2007
Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate
now proceed to the consideration of Calendar No. 137, H.R. 1429, the
Head Start authorization bill.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (H.R. 1429) to reauthorize the Head Start Act, to
improve program quality, to expand access, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. KENNEDY. Mr. President, I welcome the Senate's action on this
important legislation, the Head Start for School Readiness Act.
I commend Senator Enzi, Senator Dodd, and Senator Alexander for their
bipartisan cooperation on this legislation, and I thank all the
Senators on the HELP Committee for their contributions to improving
Head Start to meet today's challenges. We began this process four years
ago. Today, our bipartisan efforts have resulted in the strengthening
of a 42 year old program that has been a lifeline of support for
millions of low-income children preparing for school and for life.
Since the War on Poverty, Head Start has delivered the assistance
needed to enable disadvantaged children to arrive at school, ready to
learn. Its comprehensive services provide balanced meals for children,
support visits to the doctor and dentist, and teach young children
important learning and social skills. It helps families with the
greatest needs get on their feet, and encourages parents to participate
actively in their child's early development.
Years of evaluation have demonstrated that Head Start works. A
Federal survey found that Head Start children make both academic and
social gains under the program, and that these gains continue when
children enter kindergarten. Once Head Start children complete their
kindergarten year, they are near the national average of 100 in key
areas, with scores of 93 in vocabulary, 96 in early writing, and 92 in
early math.
Over the years, we've also learned more about how Head Start can be
improved. This reauthorization applies that knowledge to make
modifications in the program, and it will enable Head Start to be even
more effective in the years ahead.
In this legislation, we expand Head Start to include thousands of
low-income children who are not yet served by the program. We provide
for better coordination of Head Start with State programs for low-
income children. We strengthen Head Start's focus on critical early
learning skills and school readiness. We enhance the educational goals
for Head Start teachers. We preserve the community-based structure of
the program to ensure that the needs of local neighborhoods and their
children are the top priority. We also provide greater accountability
for the program, including new policies to provide improved monitoring
visits and guarantee that programs with deficiencies receive needed
attention and support.
To strengthen Head Start, we must begin by providing more resources
for it. Child poverty is on the rise again and the need for Head Start
is greater than ever. Today, less than 50 percent of children eligible
for Head Start participate in the program. Hundreds of thousands of 3-
and 4-year-olds are left out because of inadequate funding. Early Head
Start serves only 3 percent of eligible infants and toddlers. It is
shameful that 97 percent of the children eligible for Early Head Start
have no access to it. This legislation expands access to Head Start to
serve as many infants, toddlers, and preschool children and their
families as possible.
The bill establishes goals to increase funding and expand the program
to provide nearly $8 billion worth of services by 2010. These funding
levels are essential to carry out the essential reforms in the
legislation and to serve thousands of additional children and families.
In 1994, we enacted Early Head Start to benefit infants, toddlers,
and their families. It has worked ever since. Early Head Start children
have larger vocabularies, lower levels of aggressive behavior, and
higher levels of sustained attention than children not enrolled in the
program. Early Head Start parents are more likely to play with their
children and read to them. These activities increase a child's desire
to learn and strengthen a family's commitment to education. Our bill
doubles the size of Early Head Start over the course of the
authorization, and includes a commitment to serve 56,000 additional
children.
The bill also establishes a Head Start Collaboration Office in every
State to improve support for Head Start children, to align Head Start
with kindergarten classrooms, and to strengthen its local partnerships
with other agencies. These offices will work hand in hand with the Head
Start network of training and technical assistance to support grantees
in meeting the goals of preparing children for school.
I'm especially pleased that the bill provides the blueprint needed to
upgrade and strengthen other early childhood education programs and
services in the states. The bill provides an active role for states in
coordinating early childhood education and development programs, and
designates an Early Care and Education Council in each state to
undertake the activities essential to developing a comprehensive system
for the nation's youngest children. The councils will conduct an
inventory of children's needs, develop plans for data collection,
support early childhood educators, review and upgrade early learning
standards, and make recommendations on technical assistance and
training. For States ready to move forward and implement their
statewide plan, the legislation offers $100 million to support
incentive grants for States to implement these important efforts.
Over the past four decades, Head Start has developed quality and
performance standards to guarantee a full range of services, so that
children are educated in the basics about letters, numbers, and books,
and are also healthy, well-fed, and supported in stable and nurturing
relationships. Head Start is already a model program, but we can
enhance its quality even more.
The bill strengthens literacy efforts currently underway in Head
Start programs. We know the key to future reading success is to get
young children excited about letters and books and numbers. The bill
emphasizes language and literacy, by enhancing the literacy training
required of Head Start teachers, continuing to promote parent literacy,
and working to put more books into Head Start classrooms and into
children's homes.
In addition, we make a commitment in the bill to upgrade all of the
educational components of Head Start, and ensure that the services are
aligned with expectations for children's kindergarten year and continue
to be driven by the effective Head Start Child Outcomes Framework.
At the heart of Head Start's success are its teachers and staff. They
are caring, committed leaders who know the children they serve and are
dedicated to improving their lives. They help children learn to
identify letters of the alphabet and arrange the pieces of puzzles.
They teach them to brush their teeth, wash their hands, make friends
and follow rules. Yet their salary is
[[Page 16462]]
only half the salary of kindergarten teachers, and the turnover is
high, about 11 percent a year.
Because teacher quality is directly related to a child's outcome, our
bill establishes a goal to ensure that every Head Start teacher earns
an A.A. degree, and that half earn their B.A. degree by the next time
Congress revisits the program. Head Start teachers and staff are the
greatest resource for children and families in the program, and
investing in their development must be a priority. I look forward to
working with my colleagues to match these ambitious goals with the
funding needed to make them a reality.
Our legislation also gives local Head Start programs greater
authority to assess the needs of families in their communities and
define the services necessary to meet those needs. We've lifted the
eligibility requirements under the program, so that families living
below 130 percent of the Federal poverty rate can qualify and
participate in Head Start. Yet we still prioritize services to children
who need them the most. If programs determine that a greater share of
infants and toddlers need services, our bill allows them to apply to
the Secretary to convert and expand services to our youngest children.
If programs identify a need to provide full-day or full-year care for
children and families, they can take steps to do this as well.
Accountability is a cornerstone of excellence in education and should
start early. Head Start should be accountable for its commitment to
provide safe and healthy learning environments, to support each child's
individual pattern of development and learning, to cement community
partnerships in services for children, and to involve parents in their
child's growth.
Head Start reviews are already among the most extensive in the field.
Our bill takes a further step to improve this process by ensuring that
monitoring results and feedback are available to programs and used for
their improvement. We also take steps to address programs with serious
deficiencies, and ensure that substantial problems in programs do not
languish at the expense of children. If a local program is unable to
meet Head Start's high standards of quality, others should step in.
Every Head Start child deserves to develop and learn in a high-quality
program.
Our bill also takes an important step to suspend the Head Start
National Reporting System. Four years ago, many of us insisted that
instead of rushing forward with a national test of hundreds of
thousands of children, Head Start would be better served if plans were
developed more deliberately to ensure an appropriate means to gather
and report child outcomes in programs. That appeal was ignored, and the
Administration proceeded with an assessment--without sufficient
authorization or oversight from Congress--that was later proven flawed
and inconsistent with professional standards for testing and
measurement.
This legislation requires that the assessments used in Head Start
must be held to the highest standard. Head Start's measures must be
valid and reliable, fair to children from all backgrounds, balanced in
what they assess, and sufficient to reflect the development of the
whole child. We've called on the National Academy of Sciences to survey
and study the state of assessments and outcomes appropriate for young
children in environments like Head Start. Their study will be of great
value as we consider how best to move forward in Head Start and other
early childhood settings.
Finally, the bill maintains the essential Federal-to-local structure
of Head Start, and rejects other proposals that would dilute this
important focus. Head Start's design enables it to tailor its services
to meet local community needs. Head Start's regulations guarantee a
universal standard of quality across all programs. Yet each program is
unique and specifically adapted to its children and families. The focus
on local neighborhoods and their children must always be at the heart
of Head Start.
One of our highest priorities in Congress is to expand educational
opportunities for every American. In this age of globalization, every
citizen deserves a chance to acquire the educational skills needed to
compete in the modem economy. This process starts early--it begins at
birth and continues throughout the early years, long before children
enter kindergarten.
The Head Start for School Readiness Act of 2007 will keep Head Start
on its successful path, and enable this vital program to continue to
thrive and improve. I look forward to swift passage of this legislation
in the Senate, and a productive Conference with the House on the
important reforms in this bill.
Mr. ENZI. Mr. President, I rise today in support of the Head Start
for School Readiness Act of 2007. This legislation is a bipartisan
effort by the Health, Education, Labor and Pensions Committee to
reauthorize the Head Start Act.
The Head Start Program was established in 1965 as part of the war on
poverty by President Lyndon B. Johnson. The purpose of the program was,
and remains, to provide educational and other developmental services to
children in very low-income families. Since its creation, Head Start
has been a comprehensive early childhood development program that
provides educational, health, nutritional, social, and other services
to low-income preschool-aged children and their families. Head Start
currently provides services to over 900,000 children and their families
through a network of over 1,600 public and private agencies.
The legislation before us today builds on work started last Congress
by the HELP Committee under my leadership. The Head Start for School
Readiness Act ensures that low-income children receive the educational
and developmental services they need to be ready to learn and be
successful in school.
I want to thank Senator Kennedy for his ongoing commitment to working
on a bipartisan basis, which has resulted in legislation that meets the
needs of children and families who participate in the Head Start
Program throughout our Nation. I would also like to thank our
colleagues, Senators Alexander and Dodd, for their fine work and
dedication to this important program.
Head Start was created to level the playing field for low-income
children by providing them with education and development activities.
This program recognizes that children do not start school with the same
set of experiences and knowledge and helps provide low-income children
with some of the experiences and knowledge their more affluent peers
have as they start their elementary school experience. The Head Start
Program also recognizes the important role that families play in a
child's development and encourages their regular participation in the
program.
This legislation helps ensure that children in the Head Start Program
will be better prepared to enter school with the skills necessary to
succeed. It is well documented in early childhood education research
that students who are not reading at grade level by the third grade
will struggle with reading the rest of their lives. Head Start provides
early education for over 900,000 children each year, most of whom would
not have the opportunity to attend preschool programs elsewhere. The
future of these children is why we have all worked so hard to improve
and strengthen this act. The legislation before us today will help Head
Start Programs provide children with the early learning skills and
early childhood development activities they need to be successful. Head
Start introduces many of these children to books, the alphabet,
numbers, as well as how to play and share with their classmates. Head
Start provides the building blocks children need for success later in
life.
The Head Start for School Readiness Act builds on what many great
Head Start providers are already doing. Working from recommendations
from the National Academy of Sciences, this bill adds educational
standards related to language skills, literacy and numeracy skills, as
well as cognitive, emotional, and physical development. Steps are also
taken to ensure that limited English proficient children are provided
assistance in acquiring the English language.
[[Page 16463]]
I am particularly pleased with the accountability provisions put
forth in this legislation. The legislation before us today includes
important changes to the Head Start Program related to the evaluation
and review of grantees. The timeframe for Head Start grantees to appeal
decisions made by the Secretary to terminate grants is now limited. In
some instances, Head Start grantees have been found to be operating
programs that are unsafe or misusing Federal funds--and are often
continuing those bad practices for months--as long as 600 days in some
cases--during the termination process. This equates to children not
receiving quality services, and instead of being prepared for success,
they fall further behind.
Additional steps have been taken in this legislation to increase the
quality of Head Start Programs, including providing the Secretary the
authority to terminate a grantee that has multiple and recurring
deficiencies that has not made significant and substantial progress
toward correcting those deficiencies. This legislation provides greater
clarity for grantees as to what constitutes a program deficiency. Many
of us have heard from grantees across the country who expressed
frustration with the lack of consistency with which the provisions of
the Head Start Program is enforced. For that reason this legislation
includes provisions related to interrator reliability--this will help
ensure consistency in the review of Head Start Programs across the
country.
Changes were made to the distribution of grant funds to ensure that
programs maintain their funded levels of enrollment. We understand that
families served by the Head Start Program tend to be more migratory and
that full enrollment at Centers is often difficult to maintain.
However, we also know that many programs have waiting lists and that
thousands of eligible children are not currently being served. This
legislation balances those needs by providing flexibility in meeting
full enrollment, but also requiring funds to be moved from chronically
under-enrolled programs.
Senator Dodd has provided valuable leadership as we worked to develop
a clear policy on the roles and responsibilities of the governing
bodies and policy councils. We have worked together to clarify and
strengthen the roles of the governing body and policy councils while
preserving the important role of parents. After careful review, the
committee found that many of the important fiscal and legal
responsibilities of Head Start grantees were not explicitly assigned.
Unfortunately there have been too many examples of programs that have
failed the children, families, and community they were funded to serve
due to appalling financial mismanagement. Cases were brought to the
committee that detailed excessive and inappropriate expenditures, lost
funds, and reduced services to children because proper financial
management techniques were not in place. Too often the truth was hidden
from governing bodies and policy councils alike.
The bill clarifies those responsibilities leading to more consistent,
high-quality fiscal and legal management, which will ensure these
programs are serving children in the best possible way. Changes in this
legislation address the concerning situations mentioned earlier by
placing fiscal responsibility with the governing body. It is absolutely
necessary and vital that one entity maintain fiscal and legal control
of the Federal grant dollars. That said, we maintain the equally vital
and necessary role of the policy councils in setting program
priorities, classroom activities, and personnel changes. We believe
this careful balance will help ensure the continued integrity of the
Head Start Program for years to come.
We recognize that a vast majority of the Head Start agencies provide
high quality, comprehensive services for children in the Head Start
Programs. However, the provisions in this bill will create an important
incentive for programs to operate at their best and in the best
interest of the children they serve.
I want to particularly note emphasis we have placed on the role of
parents in Head Start Programs. It is vital to remember that this
program provides services to children and their families. Parents
provide valuable insight and experience as to what a Head Start Program
should do for children. In fact, this legislation increases the
presence of parents in Head Start Programs, strengthens services for
families, and provides training and development opportunities for
parents that do serve on the policy councils and governing bodies.
This legislation also increases the coordination, collaboration, and
excellence of early childhood education and care programs. It enhances
the role of the State director of Head Start collaboration to ensure
that Head Start Programs are maximizing their potential by stretching
dollars, promoting partnerships to meet State and local needs, and
developing strategic plans to meet future and current goals. This
legislation also allows each State to apply for funds to support a
State advisory council on early care and education to conduct a
statewide needs assessment, identify collaboration opportunities, and
support additional data collection. Additional encouragement of
coordination and collaboration will stretch Federal, State and local
resources to provide additional resources to disadvantaged children
across the country.
Finally, this legislation requires the Department of Health and Human
Services to cease any further development or implementation of the
National Reporting System. While I believe that the assessment of
children in the Head Start Program is important, I believe that the
assessment must be both age and developmentally appropriate. This
legislation requires a review and update of the assessments, standards,
and measures used in Head Start Programs by the Panel on Developmental
Outcomes and Assessments for Young Children of the National Academy of
Sciences. Once the panel completes its recommendations, the Secretary
is then allowed to revisit the issue of assessment in Head Start
Programs.
The members of the HELP Committee, and in particular Senators
Alexander, Kennedy, and Dodd, have worked tirelessly on this
legislation. The final product before us today is a comprehensive and
bipartisan reauthorization of the Head Start Program. I wish to thank
Senators Kennedy, Alexander, and Dodd and the other members of the
committee for their assistance in moving this legislation to the floor.
Passage of this legislation will ensure that low-income children are
prepared not only for success in school but for later success in life.
Finally, I would like to thank the staff of members of the HELP
Committee who have spent countless hours preparing this legislation for
passage by the Senate. In particular I would like to thank Roberto
Rodriguez with Senator Kennedy, Catherine Hildum and Sharon Lewis with
Senator Dodd, David Cleary and Sarah Rittling with Senator Alexander,
and Beth Buehlmann and Lindsay Hunsicker of my staff.
It is my hope that our bipartisan efforts will continue to produce
results as we move to final passage of this legislation and on to a
conference committee with the House of Representatives. We must all
work together to get a bipartisan product to President Bush for his
signature as soon as possible.
Mr. REID. Mr. President, I am pleased to speak today about the
passage of H.R. 1429, the Head Start for School Readiness Act. This
bipartisan legislation reauthorizes the Head Start program, something
the Congress has not done since 2003.
In 1965, President Lyndon Johnson launched a summer program for low-
income children and their families, and called it Project Head Start.
The program's mission was simple: prepare low-income, preschool-aged
children for success in school. Today, Head Start serves children and
their families in urban and rural areas across the United States. And,
since its inception, more than 20 million children and families have
benefited from the Head Start program.
Nevada's eight centers range from a Head Start and Early Head Start
Center in rural Ely, to larger, more urban
[[Page 16464]]
centers in Reno, to a Tribal Head Start center in Gardnerville. Each of
these programs is unique and, with the input and involvement of parents
and families, help meet the needs of the communities they serve.
Head Start currently provides comprehensive early education and
health services to almost one million low-income preschool children to
help them prepare for and succeed in school. Unfortunately, this is
only a fraction of the number of children that could benefit from Head
Start services. In my own state of Nevada, there are just under 10,000
3- and 4-year-olds that are eligible for Head Start programs. But, last
year, only about 27 percent of those eligible were able to participate.
The bill that we have passed will allow many of these children in
Nevada and across the Nation to get the early childhood services that
they need, by expanding access and eligibility for low-income children
and families.
The legislation also makes a number of other important changes to the
Head Start program. It focuses on developing the skills that children
will need to enter school ready to learn by aligning Head Start
standards and services with state child care and preschool programs and
local public schools, and requiring new research-based standards and
assessments.
And, to ensure that Head Start programs are effective, the bill
requires greater accountability through improved monitoring and
recompetition for poor performing Head Start centers. Finally, this
bill strengthens the Head Start workforce by setting new education and
training goals for Head Start teachers and curriculum specialists.
With proven and lasting results, Head Start is a wise investment in
our future. I applaud the good work of the HELP Committee, and thank
Senators Kennedy, Enzi, Dodd, and Alexander for their efforts on behalf
of low-income children across the Nation.
(At the request of Mr. Reid, the following statement was ordered to
be printed in the Record.)
Mr. DODD. Mr. President, I am delighted to join my colleagues
in supporting the Head Start for School Readiness Act, which
reauthorizes this critically important program to help prepare our most
disadvantaged young children to attend school. We have worked hard to
bring this bipartisan bill to the floor, and I particularly thank
Senators Kennedy, Enzi, and Alexander for their leadership on this
issue.
For more than 40 years, Head Start provided comprehensive early
childhood development services to low-income children, creating an
important bridge to kindergarten and beyond.
Head Start addresses the comprehensive needs of children and their
families by offering not only academic opportunities, but also supports
for health, nutrition, social skills, and more. More than 900,000
children across the Nation, including nearly 9,000 children in
Connecticut, depend on Head Start to support their social, emotional,
physical, and cognitive development. Head Start is the foundation for a
lifetime of learning for many of our most vulnerable children, and this
reauthorization provides for continued success, while also
strengthening the program.
Among the many improvements in this legislation, of great importance
is the expanded access to Head Start for more disadvantaged children.
In Connecticut and other States where the cost of living is
particularly high, many poor families aren't able to enroll their
children in Head Start because they earn incomes just above the poverty
level. This reauthorization allows programs to serve families with
incomes up to 130 percent of the Federal poverty level, and expands
opportunities for children of migrant families, Indian children,
homeless children, foster children, as well as additional infants and
toddler in Early Head Start programs.
Currently, only half of all eligible children are served in Head
Start, and fewer than 5 percent are served in Early Head Start. Head
Start programs are also facing tremendous increases in operating costs,
including transportation, health care premiums, facilities maintenance,
and training for staff; yet Head Start has essentially been flatfunded
for years. This legislation authorizes an increase from $6.9 billion in
the current fiscal year, to $7.3 billion in fiscal year 2008, $7.5
billion in fiscal year 2009, and $7.9 billion in fiscal year 2010,
which will begin to meet the needs of Head Start children and allow for
more enrollment opportunities. However, we must also acknowledge that
we still have far to go before we provide adequate resources to this
invaluable program.
We know that children struggle when their families are not involved
in their education; and that parents play the most important role in
ensuring the success of their children. This legislation encourages a
high level of family involvement, maintains the integral participation
of parents in the day-to-day operations of the programs, and offers
family members key roles as decisionmakers.
I am pleased that this bill also improves program accountability by
further clarifying governance responsibilities and enhancing teacher
quality expectations. While we establish goals for improving
educational standards for staff, we acknowledge that current resources
may not adequately support staff to pursue additional training, nor
provide enough for increased wages; therefore, we do not make these
standards mandatory.
Head Start must continue to maintain a core and integral role in our
broader early childhood care and education systems as we expand our
efforts to improve early education across this country. The legislation
encourages greater collaboration and coordination with other early
childhood development programs.
Passing the Head Start for School Readiness Act today is an important
step forward to improve opportunities for low-income children. Nothing
reduces poverty like learning, and Head Start gives children what they
need to learn early. I look forward to working with my colleagues to
see that this important legislation becomes law.
state advisory councils
Mrs. MURRAY. Mr. President, I would like to inquire of Chairman
Kennedy regarding the State advisory councils on early childhood
education and care included in S. 556, the Head Start for School
Readiness Act.
Mr. KENNEDY. Mr. President, S. 556 affirms the active role that
States have in coordinating their system of early childhood education
programs, and encourages States to enhance that role to increase the
quality of programs available to young children. The act designates an
early care and education council in each State for the purposes of
conducting an inventory of children's needs and exploring the
availability of prekindergarten opportunities; exploring areas for
collaboration and coordination across programs; developing plans for
data collection and to support the professional development of early
childhood educators; and providing for the review and upgrading of
State early learning standards. For those States prepared and
interested in moving forward with a statewide plan encompassing these
activities, S. 556 provides for one-time incentive grants to further
develop and implement these important efforts.
S. 556 also permit States to designate an existing entity to serve as
the State advisory council on early childhood education and care, if
such entity includes representation consistent with members mentioned
in the act.
Mrs. MURRAY. I thank the chairman for his explanation of these
provisions. I am concerned, however, that it may not be practical for
States with existing advisory councils to reconfigure their membership
to reflect all of the individuals mentioned in the Head Start bill. In
my home State of Washington, we are leading the way on early childhood
coordination and reform with the establishment in 2005 of Governor
Gregoire's cabinet-level Department of Early Learning and the Early
Learning Council, which became the Early Learning Advisory Council. The
council is working hard to make sure early learning programs in my
State are aligned and are providing high quality services. However, I
want to
[[Page 16465]]
make sure that the council is not unduly burdened for being a leader,
and that it will not have to reconstitute its membership. I ask the
chairman for his commitment to work with me as this bill is considered
in conference with the House, to further resolve this issue.
Mr. KENNEDY. I agree and would be happy to work with you on this
issue. S. 556 directs Governors to designate specific individuals as
members of the State advisory council to the maximum extent possible.
While some members may need to be added by States to their existing
councils in order to meet the goals of this legislation, I agree fully
that Governors will need some flexibility in this function. Therefore,
I support grant additional discretion as they consider the makeup and
function of their existing councils in relation to the roles and
responsibilities under this Act.
Mr. DODD. Mr. President, I share Senator Murray's concerns and
appreciate the commitment to working with us on this issue.
S. 556 also includes specific responsibilities of the State advisory
council regarding early childhood activities, professional development
and opportunities for coordination and collaboration. My State of
Connecticut has been a leader in promoting the coordination and
improvement of early learning opportunities for young children and has
successfully carried out activities that complement the
responsibilities under this act. Connecticut's Early Childhood
Education Cabinet, which includes many of the members required by the
Head Start Act, already advises the State on policy and on initiatives
to meet early childhood goals, conducts statewide evaluations of the
school readiness programs, and promotes collaboration and consistency
of quality services.
Is it the intention that States would be required to abandon the
progress made with their existing efforts and begin new initiatives to
fulfill their responsibilities under S. 556?
Mr. KENNEDY. I appreciate the Senator's inquiry on this important
point. That is not my intention, and S. 556 does not stipulate any
requirements for States to conduct new efforts concerning their
assessment of children's needs, opportunities for collaboration and
coordination, the establishment of a unified data system, professional
development activities, or other efforts described under the
responsibilities of the State Advisory Council in this legislation. My
own State of Massachusetts has also been a leader in carrying out
several of these efforts through our own State Department of Early Care
and Education.
Preexisting and current efforts in States to improve and enhance the
quality of early childhood education programs would certainly help
fulfill and count toward the responsibilities stipulated by the Head
Start for School Readiness Act.
I ask Senator Enzi if he agrees with this point.
Mr. ENZI. I do agree with the chairman and would be happy to join
him, Senator Dodd, and Senator Murray in further clarifying these
points as the conference committee considers S. 556 and begins its work
on the reauthorization of the Head Start Act.
Mr. KENNEDY. I thank my colleagues for their work with me on these
issues, and I commend them for their leadership on the important
reforms in this bill.
Mr. SCHUMER. I ask unanimous consent that the substitute amendment at
the desk be considered and agreed to and the motion to reconsider be
laid upon the table; that the bill, as amended, be read three times,
passed, and the motion to reconsider be laid upon the table; that the
Senate insist upon its amendment, request a conference with the House
on the disagreeing votes of the two Houses, and the Chair be authorized
to appoint conferees on the part of the Senate; and that the HELP
Committee be appointed as conferees, with the above occurring without
further intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 1714) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time and passed.
The PRESIDING OFFICER appointed Senators Kennedy, Dodd, Harkin,
Mikulski, Bingaman, Murray, Reed, Clinton, Obama, Sanders, Brown, Enzi,
Gregg, Alexander, Burr, Isakson, Murkowski, Hatch, Roberts, Allard, and
Coburn conferees on the part of the Senate.
____________________
ORDERS FOR WEDNESDAY, JUNE 20, 2007
Mr. SCHUMER. Mr. President, I ask unanimous consent that when the
Senate completes its business today, it stand adjourned until 9:30
a.m., Wednesday, June 20; that on Wednesday, following the prayer and
pledge, the Journal of proceedings be approved to date, the morning
hour be deemed expired, and the time for the two leaders reserved for
their use later in the day; that the Senate then resume consideration
of H.R. 6 and resume consideration of the DeMint amendment No. 1546 and
that there be 30 minutes of debate prior to a vote in relation to the
amendment, with the time equally divided and controlled between
Senators DeMint and Bingaman or their designees; that no amendment be
in order prior to a vote in relation to the amendment; that upon the
use or yielding back of time, the Senate proceed to vote in relation to
the amendment, without further intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ADJOURNMENT UNTIL 9:30 A.M. TOMORROW
Mr. SCHUMER. Mr. President, if there is no further business to come
before the Senate today, I now ask unanimous consent that the Senate
stand adjourned under the previous order.
There being no objection, the Senate, at 8:18 p.m., adjourned until
Wednesday, June 20, 2007, at 9:30 a.m.
[[Page 16466]]
EXTENSIONS OF REMARKS
____________________
CONGRATULATING MR. AND MRS. TORRY KIDD, SR. ON THE OCCASION OF THEIR
65TH WEDDING ANNIVERSARY
______
HON. JO BONNER
of alabama
in the house of representatives
Tuesday, June 19, 2007
Mr. BONNER. Madam Speaker, I rise today to congratulate Mr. and Mrs.
Torry Kidd, Sr., on the occasion of their 65th wedding anniversary.
Torry Kidd, Sr., and Lydia Stallworth were married on June 26, 1942, at
Parsonages at Mt. Zion Baptist Church in Mobile, Alabama.
Mr. Kidd is a respected member of his church and community. He has
been a member of the Greater Mount Olive Baptist Church #2 for over 60
years, recently serving as trustee. In 1942, he began his service with
the U.S. Army. Following an honorable discharge, he went to work for
McGowin & Lyons Hardware and Supply Company, while earning his degree
from Spaulding Business School. Mr. Kidd then went to work for Moore
Handley and became the company's first African-American salesperson.
When the company relocated, Mr. Kidd became the building manager for
World Wide Crating and Packing Company. He retired in 1984 and started
Kidd Janitorial Service.
A member of Andrew Street Church of Christ for over 60 years, Mrs.
Kidd was born Lydia Stallworth in Gordonville, Alabama. A graduate of
Lowndes County Training School, her first job was with a janitorial
service. After raising 11 children, Mrs. Kidd returned to the work
force and began caring for elderly patients at Cogburn Nursing Home and
later at the Medic Center in Mobile. Her skills combined with her
compassionate heart led to requests for her service as a private duty
nurse, which she was for over 30 years.
Their 11 children: Torry, Jr., Winston, Sr., Anthony, Sr., Christina,
Wayne, Sr., Donna, Arnold, Sr., Amos, Beverly, Mark, Sr., and Phillip,
Sr. would like me to pass on a special word of appreciation to their
parents for the example they have set, the encouragement they have
given; and yes, even the discipline they have administered. Mr. and
Mrs. Kidd's family are grateful for the love they shared not only with
them but with their many friends.
Madam Speaker, in these times where there is so much trouble and
turmoil on the television set and all around us in our communities, it
is refreshing to know a family that is committed to the values and
outstanding morals that Mr. and Mrs. Torry Kidd, Sr., have encouraged
in their marriage and family. I have no doubt that this marriage
symbolizes the strength of character and love of God that every
American should emulate. I know their 11 children, 25 grandchildren, 32
great grandchildren, and their many friends join with me in
congratulating Mr. and Mrs. Kidd on their 65th anniversary and wishing
for them many more happy celebrations to come.
____________________
MAJOR GENERAL JAMES H. PILLSBURY
______
HON. SOLOMON P. ORTIZ
of texas
in the house of representatives
Tuesday, June 19, 2007
Mr. ORTIZ. Madam Speaker, I rise to pay tribute to Major General
James H. Pillsbury and his dynamic wife Becky Pillsbury. We hail from
the same great State of Texas. These two wonderful public servants have
committed their careers to serving our Nation.
This summer will mark the end of Maj. Gen. Pillsbury's tenure as
Commander of the Army's Aviation and Missile Command at Redstone
Arsenal in Huntsville, Alabama, a command he assumed on December 1,
2003. Leaving Huntsville with him is his wife Becky, who has made a
lasting impression in the Huntsville community as an area school
teacher for the disabled and board member for a long list of
organizations serving soldiers and their families.
Maj. Gen. Pillsbury is a graduate of Trinity University in San
Antonio, Texas where he earned a Bachelor of Arts Degree in History.
After that, he attended Troy State University, earning a Masters of
Science in International Relations. He has completed Infantry Officer
Basic Course, Transportation Officer Advanced Course, United States
Army Command and General Staff College, and the United States Army War
College.
For the past 34 years Maj. Gen. Pillsbury has risen through the Army
ranks, first commissioned as a Second Lieutenant in May of 1973. He has
served here at home and abroad; his most recent position overseas was
as the Deputy Chief of Staff, G-4, United States Army Europe and
Seventh Army. Maj. Gen. Pillsbury has been decorated with numerous
military honors including: The Defense Superior Service Medal, the
Legion of Merit, the Meritorious Service Medal, and the Army
Commendation Medal.
Becky also attended Trinity where she graduated with a degree in
Elementary Education and Education for the Hearing Impaired and then
pursuing her love for children with disabilities by earning a Masters
from Pacific Lutheran University in Elementary Education and Learning
Disabilities.
She has set a high standard for military wives at Redstone Arsenal.
She co-founded the ``Dream Factory,'' a wish granting organization for
seriously and terminally ill children; and more recently co-founded
``Still Serving Veterans,'' which affects the lives of thousand of new
veterans in offering a wide range of support services as they
transition to the civilian workforce.
Even though this outstanding couple is leaving the Huntsville
community, they will not hesitate to come back and visit.
I ask my colleagues to join me in congratulating Maj. Gen. James H.
Pillsbury and his wife Becky on a phenomenal job in Huntsville . . .
and wishing them the best of luck with the next chapter in their lives.
____________________
IN HONOR OF MRS. WENDY HARDING
______
HON. LYNN A. WESTMORELAND
of georgia
in the house of representatives
Tuesday, June 19, 2007
Mr. WESTMORELAND. Madam Speaker, I rise today to recognize and honor
Mrs. Wendy Harding, the 2007 Muscogee County School District Teacher of
the Year.
Almost every student that passes through a school, from the teacher's
pet to the class clown, has a fond memory of a special teacher who
positively influenced their lives. For many students at Columbus'
Hardaway High School, that teacher has been a Spanish teacher named
Wendy Harding.
Harding knows how to stick with a good thing once she's found it. She
stayed happily married and raised two high-achieving children with her
high school sweetheart Phil, who was also an educator, until his death
from cancer 7 years ago. And Harding has spent every single day of her
31-year professional career at Hardaway High, making her the longest-
serving teacher there.
Principal Matt Bell told the Columbus Ledger-Enquirer that Harding is
an integral part of the school's success: ``She's a leader in the
school. She teaches everyone. She heads our mentor program. She cares
about every student who comes through her doorway as well as students
who don't. If a student doesn't learn in her class, she takes it
personally. They all learn at a high level. They see her enthusiasm for
her subject and her zest for life and it's just contagious.''
Harding says she's wanted to become a teacher since she was 7 years
old. Now, she mentors the next generation of teachers, encouraging her
own students to pick up the torch that enlightens young minds. Those
influenced by her example include her daughter, who last year was named
First Year Teacher of the Year in a Texas school district. The skills
needed to excel at the head of the classroom obviously run deep in the
family blood.
I would like to personally thank Mrs. Harding for her many years of
outstanding service to the young people of Muscogee County. Teachers
such as her, across Georgia and the United States, make a positive
difference every day.
On behalf of Georgia's 3rd Congressional District, I congratulate the
Muscogee County
[[Page 16467]]
Teacher of the Year and wish her many years of continued success.
____________________
TRIBUTE TO DR. PETER B. AJLUNI
______
HON. JOE KNOLLENBERG
of michigan
in the house of representatives
Tuesday, June 19, 2007
Mr. KNOLLENBERG. Madam Speaker, I rise today to congratulate Dr.
Peter B. Ajluni of Bloomfield Hills, Michigan on his election to the
position of 111th president of the American Osteopathic Association.
In 1965, Dr. Peter B. Ajluni graduated from the Chicago College of
Osteopathy to become a board certified osteopathic physician. For 35
years, Dr. Ajluni has delivered high quality service to his patients.
Currently, Dr. Ajluni is a senior orthopedic surgeon in the Bone and
Joint Center at the Regional Medical Center in Mount Clemens, Michigan.
He has also served as president of both the Michigan Osteopathic
Association and the Michigan Osteopathic Academy of Orthopedic
Surgeons. Furthermore, Dr. Ajluni has served on the American
Osteopathic Association Board of Trustees since 1998.
As president of the American Osteopathic Association, Dr. Ajluni will
lead 59,000 osteopathic physicians to deliver high quality and cost-
effective health care in this vital profession. In addition, Dr. Ajluni
will help to ensure the osteopathic community is united in their
profession and that they receive the highest quality of education and
training programs.
Dr. Ajluni resides in Michigan's Ninth Congressional district with
his wife Judy. They have a daughter and two sons. I am proud to have
the Ajluni family as constituents.
Madam Speaker, once again, I congratulate Dr. Ajluni on his election
as the President of the American Osteopathic Association and for his
long dedication to high quality patient care.
____________________
H.R. 2775, A BILL TO AUTHORIZE FUNDING FOR THE EMERGENCY MANAGEMENT
PERFORMANCE GRANT PROGRAM
______
HON. JAMES L. OBERSTAR
of minnesota
in the house of representatives
Tuesday, June 19, 2007
Mr. OBERSTAR. Madam Speaker, today I introduce H.R. 2775, a bill to
authorize funding for the Emergency Management Performance Grant
(``EMPG'') program.
H.R. 2775 authorizes $1.35 billion for Fiscal Years 2009 through 2011
for the Administrator of the Federal Emergency Management Agency
(``FEMA'') to continue to implement the EMPG program. The bill codifies
the EMPG program under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (``Stafford Act'').
EMPG is the Federal Government's principal program to build the
capability of State and local governments to prepare for, respond to,
recover from, and mitigate all hazards. Administered by FEMA, EMPG is
truly a partnership between the Federal Government and State and local
governments that has withstood the test of time. This grant program has
been in existence, under different names, since the 1950s and derives
its authority from the Stafford Act.
As recent history has shown, despite the grave potential threat that
terrorism poses, our country faces and responds to the threats of
natural hazards far more frequency. The terror of Katrina is still
fresh in our memories, and our Nation faces smaller-scale natural
disasters every day. Just last month, a region of my district was
devastated by a threat that started in the U.S., then roared across the
Canadian border: not a terrorist attack, but a 75,000 acre forest fire.
Despite the risk that our country faces from all hazards, EMPG
receives a small fraction of what the Federal Government spends on
terrorism-specific programs. In April, the Subcommittee on Economic
Development, Public Buildings, and Emergency Management held a hearing
on the Federal Government's programs related to preparedness for all
hazards. At that hearing, Members of the Subcommittee learned that in
FY 2006, EMPG received only a small fraction--about 10 percent--of the
funding allocated to terrorism preparedness programs.
EMPG has a long, successful history of fostering true preparedness
capabilities at the State and local level. The program requires a non-
Federal share of 50 percent, but state and local governments overmatch
Federal funds by approximately $96 million each year. This 50-percent
cost share is specifically designed to require State and local
governments to contribute their resources to building strong emergency
management capabilities. This is why, unlike many other Federal grant
programs, State and local governments have not sought an increased
Federal cost share for this program.
Recently, some in Congress and in the Administration have sought to
undermine and undo the EMPG program, by proposing changes that stand to
gut the core all hazards nature of the program. I introduce this bill
today to provide the current EMPG program with statutory reinforcement.
The administration proposed in its FY 2008 Budget request that EMPG
should be combined with terrorism programs. I am pleased that the FY
2008 Homeland Security Appropriations bill, passed by the House last
week, rejected this misguided proposal and funds EMPG as a separate
program. The Committee on Appropriations recognized the importance of
the EMPG program as ``the one true all-hazard sources of funding for
emergency managers,'' as stated in the Committee report. In the same
manner that Congress must wall off and protect the appropriation for
EMPG, we must act to reinforce this program through an authorization.
It has been suggested, in the other body, that the EMPG program be
codified as an amendment to an act other than the Stafford Act. In
fact, the Senate does exactly that in its version of the 9/11
Commission Recommendations Bill (S. 4). This approach would be a
mistake. If EMPG is authorized outside of the Stafford Act, DHS may use
its administrative authority to turn EMPG into another terrorism
preparedness program. This shift would undercut all-hazards
preparedness and place States in danger of not being ready for natural
disasters and other non- terrorism hazards, which are significantly,
even drastically, more likely to occur.
The Stafford Act is the natural and historic home for this program.
The authority to prepare for all hazards must be kept together with the
authority to respond to, recover from, and mitigate against all
hazards, which is found in the Stafford Act. This view is supported by
the nation's State and local emergency managers.
One of the key lessons learned from Hurricane Katrina is that
separating the programs and organizations that prepare for disasters
from the rest of the emergency management system leads to sluggish and
ineffective response. Recognizing this mistake, Congress reunited
preparedness with the rest of emergency management functions in FEMA at
the end of the 109th Congress, by passing the Post Katrina Emergency
Management Reform Act. This reorganization of FEMA became effective
less than 3 months ago, on April 1, 2007. Authorizing EMPG as a program
separate from the other emergency management programs would begin to
undo this much-needed reform, and reinstate the mistakes that led to
the Department of Homeland Security's dismal response to Hurricane
Katrina.
____________________
IN HONOR OF LENORE GOLDEN SHACKELFORD
______
HON. SANFORD D. BISHOP, JR.
of georgia
in the house of representatives
Thursday, June 19, 2007
Mr. BISHOP of Georgia. Madam Speaker, I rise today to honor Ms.
Lenore Golden Shackelford of Quitman, GA. In recognition of her 60 plus
years of service to her community in south Georgia and her nomination
by the National Coalition of One Hundred Black Women as a ``Woman Who
Inspires.''
Ms. Shackelford, a native of Quitman, GA, has spent the greater
balance of her life in service to the community there. In 1950 she
started her professional career as a Social studies teacher and Girls'
Basketball Coach at Morven Rosenwald High School in Brooks County. She
went on to teach the fourth and fifth grades at New Empress Elementary
School in Brooks County before returning to school and receiving her
Certification in Guidance and Counseling from Florida A & M University
in 1959.
She returned to service in education as a Social Studies Teacher and
School Counselor at Washington Street High School in Quitman, GA. Ms.
Shackelford was one of the first certified school counselors in the
state of Georgia and the first school counselor in Brooks County.
Ms. Shackelford was a devoted teacher and counselor, who made it her
mission to have direct interaction with each of her students in order
to help them have productive futures. During her 30 years as a school
counselor, Ms. Shackelford was also very active in her community. She
coordinated community committees to address personnel issues in the
[[Page 16468]]
Brooks County School System, organized Human Rights Committees, and
played an instrumental role in establishing Martin Luther King, Jr. Day
in Brooks County Public Schools.
So, on this the 19th day of June, 2007, I with great honor commend
Ms. Lenore Golden Shackelford, for her many years of unheralded service
to the people of Brooks County. She is truly a credit to the Second
Congressional District of Georgia, the State of Georgia, and the United
States as a whole.
____________________
$8 GASOLINE IN AMERICA'S SAUDI ARABIA
______
HON. DON YOUNG
of alaska
in the house of representatives
Tuesday, June 19, 2007
Mr. YOUNG of Alaska. Alaska is America's Energy Ace in the Hole. If
our Nation truly wanted to kick our OPEC habit, we would be using our
own abundant resources of all kinds, including our conventional
resources in Alaska. Not only is Alaska home to North America's largest
producing oil field, it is also home to more clean coal than the entire
lower 48 States. With modern technology, this resource could be used to
produce clean energy and transportation fuels that would last for
centuries. The people of the State of Alaska also claim the largest
natural gas reserves and by far the largest unconventional natural gas
reserves in a form of frozen natural gas known as methane hydrates. It
is also home to that small part of ANWR that holds the promise as the
largest energy complex yet discovered on our continent. Between its
tens of billions of barrels of oil and untold amounts of clean burning
natural gas, it could help Americans and generate revenues while
providing high paying jobs here at home.
Unfortunately, there has been a decades-long campaign to deny America
and Alaskans the benefits of this domestic energy. The consequence is
that Alaska's pipeline that once sent over 2 million barrels each day
of U.S. oil to American consumers now sends less than 800,000 barrels
per day. America now imports the 1.2 million barrels per day that
Alaska used to send to the West Coast. America now sends $84 million
per day, over $30 billion per year, to foreign nations like Venezuela
and nations in the Middle East who hate everything America stands for.
The oil that isn't produced in Alaska also increases prices for all
Americans, who can see it daily at the pump or monthly in their utility
bills.
Recently a reporter for the Wall Street Journal, Mr. Russell Gold,
traveled to the village of Shungnak, Alaska, to find out what impacts
the increased cost of energy are having on the people who live there.
It is rich irony, Madame Speaker, that in a State with huge energy
resources people are suffering from high energy prices because their
government has outlawed the production of this energy. It is
reminiscent of Coleridge's lament in the Rime of the Ancient Mariner:
``Water, water, everywhere, nor any drop to drink.''
It is shameful that it is government policy that some people should
suffer from higher costs of energy because others who do not suffer
believe costs are not high enough and energy is too available for
Americans. I hope Members will take the time to read what may be a
story coming to their neighborhoods soon, if Alaska's energy resources
continue to be locked away from the American people.
[From the Wall Street Journal, June 9, 2007]
Running on Empty on a Road to Nowhere
(By Russell Gold)
Shungnak, Alaska--When Genevieve Norris was born 59 years
ago in this remote Eskimo village, hunters used dog sleds to
pursue caribou and moose. Wood stoves kept out the cold
during the long, dark winters.
Then Shungnak entered the petroleum age, and fuel was
barged up the Kobuk River every summer. Noisy electrical
generators arrived, which allowed lights and indoor plumbing
to be installed. Soon, nearly every home had snowmobiles,
fourwheelers and heaters.
Now as crude-oil prices have doubled in the past couple of
years, Ms. Norris and the rest of the village are being
priced back out of the petroleum age. She heats her home with
wood as much as possible and only occasionally buys gasoline
for an outboard engine to go fishing. ``Fuel right now, I'm
only purchasing if I have to,'' says Ms. Norris.
Even though Shungnak is in energy-rich Alaska, home to the
largest U.S. oilfield discovered in the past half century, it
is at the very end of the oil-distribution system. By the
time gasoline makes it here from where it is refined, it
costs $8.11 a gallon, more than twice the current U.S.
average.
The U.S. has long enjoyed among the lowest oil prices in
the industrialized world--and until recently, even in remote
Alaska, fossil fuel was affordable to the majority of people.
Decades of cheap energy prompted Americans to use more and
more petroleum, lengthening their commutes in the lower 48
states and trading in dog sleds for snowmobiles in Alaskan
villages.
Today, the price of oil and all the products made from it
has surged and seem likely to remain high for some time. This
has raised the unsettling question: What happens to a
community accustomed to cheap energy when the energy is no
longer cheap?
Remote villages like Shungnak have long been fragile
economies with little to offer residents by way of jobs and
opportunity. High fuel prices have made a bad situation
worse, threatening the survival of Shungnak as well as more
than a hundred other remote villages. Some of the estimated
101,000 people living in these villages have left for
Alaska's large cities, creating what one former state elected
official has called ``energy refugees.''
These native-Alaskan villages are among countless poorer
communities across the world that have been hammered by the
new century's energy-price boom. Over all, strong economies
such as China and most of the U.S. have held up well despite
the sting of higher fuel prices. But in poor regions, the
price shock has hit hard. Thousands of Nepalese took to the
streets of Katmandu last year, resulting in bloody clashes
with police, to protest a 25% rise in gasoline prices. In
July 2005, under pressure from the International Monetary
Fund, the Yemeni government lifted gasoline subsidies and the
resulting riots left 22 people dead. The government buckled
and restored subsidies. In Africa, Guinea's decision to
reduce gasoline subsidies over the past two years helped
spark general strikes and riots that claimed at least 11
lives.
The village of Shungnak was officially founded in 1899, but
Eskimos have lived in the region for thousands of years
traveling between summer camps and winter camps. Today, the
village is a collection of 75 homes, a store, a school, a
community health clinic and a city office building along a
half dozen dirt streets. The foothills of the Brooks Range
rise in the distance over the tundra.
Petroleum didn't arrive here until the middle of the 1960s.
As the crow flies, Shungnak is only 310 miles northwest from
the Flint Hills Resources refinery outside of Fairbanks,
Alaska. But since there are no roads to Shungnak, the journey
is a complex route that stretches more than 2,000 miles,
passing mountain meadows where grizzly bears graze, caribou
herds sipping from glacier-fed streams and mile after mile of
rugged, unpopulated coastline.
Tanker Cars
First, fuel from the Fairbanks refinery is loaded onto
rolling tanker cars and taken south through Denali National
Park, past Mount McKinley and into the Port of Anchorage.
Then it's loaded onto a barge and towed through the Unimak
Pass, a navigable break in the Aleutian Islands, before it
heads north for Kotzebue on the coast.
From there, the fuel is loaded once a year on a shallow-
draft barge and pushed up the Kobuk River during a brief
period when the snow melt engorges the river and makes it
navigable. By the time it gets to Shungnak, it has traveled a
distance equivalent to the drive from New York to Las Vegas.
Last year, one of the barge companies made it up the river
and delivered distillate--a blend of heating oil and diesel
that powers nearly everything from generators to furnaces--to
the school and electric company. The other barge company,
less experienced in the region's serpentine rivers, couldn't
make it up to Shungnak during the brief window of time that
the river thawed. Fuel had to be flown in from Fairbanks on
propeller cargo planes, raising the cost to $8.11 for a
gallon of gasoline and $6.50 for a gallon of heating oil. In
February, heat in the town's only two-story building, which
holds the city offices, post office and tribal-council
office, went out for three days because the tank ran out and
no one was willing to pay to fill it up again. The
temperature inside dropped to 30 degrees below zero.
Many Jobless
Half of Shungnak village is jobless, according to the
state. Commerce Department data suggest that Alaskans living
in remote villages like Shungnak already receive about 50% of
their income from government programs, two and halftimes the
average in the U.S. Now the situation is exacerbated because
it is difficult to attract economic activity because of the
high energy costs. Village leaders say their only choice is
even more government aid.
``Half the village doesn't know how to go out and do a
subsistence way of life . . . their lifestyle is living off
the store, even though you hear them say `We're natives, we
can survive,''' says Raymond Woods, a member of the Shungnak
tribal government.
Some residents are leaving town. Ms. Norris's daughter
moved to South Dakota and her high-school-aged son talks
about leaving after he graduates.
Those that remain behind are scraping along. Henry Douglas,
48, says he eats less meat and fish than he used to. Like
most people here, he receives state energy assistance--credit
at the tribal store. He got $1,500
[[Page 16469]]
in January to pay for heating oil. It lasted him through
March. Afterward, he used a wood stove in the main room of
the log cabin where he lives with his sister and his nephew.
His younger brother, George Douglas, 39, says he's
fortunate to have a job as a school-maintenance worker. The
paycheck gives him the $100 required to fuel up his Polaris
snowmobile. He uses it to hunt caribou and distributes the
meat to three households of relatives, including his
brothers. Few of his relatives can afford to hunt much
anymore because of the high cost of fuel.
Signs of the cost are everywhere in Shungnak. On a recent
visit, there were photocopied fliers posted throughout the
village with a stark reminder: May 29 is the day the Alaska
Village Electric Cooperative bill collector was scheduled to
be in Shungnak. The co-op, known as Avec, has seen past-due
accounts soar in the past couple of years. Last year, it took
out ads in local papers threatening to cut off paying
customers if they allow delinquent customers to move in with
them.
Researchers at the University of Alaska Anchorage estimated
that one-quarter of household income in remote villages last
year went to paying utility bills, double the percentage in
2000. The poorest residents in remote villages spent 61% of
their income on utility bills, also double the level a few
years ago.
Fuel bills are also swallowing the city's budget. Last
November, the village's fuel and electrical bill accounted
for 61% of total expenditures, according to town
administrator Helen Mitchell. In response, it has cut costs.
The hours for city workers were cut to six hours from eight
hours a day last year. The part-time patrolman position was
eliminated a couple of years ago.
The result of these crushing bills is that remote villages
face a slow decline. Four schools in the last two years have
shut their doors when they fell below 10 students and lost
most state funding. In Shungnak, school enrollment is off 7%
in the past decade. A few miles down the Kobuk River, the
village of Ambler has lost 29% of its school-aged population.
Despite shrinking enrollment, the regional school district
has been on a building boom in recent years, largely
supported by state grants. That, in turn, has only increased
its need for fuel. The new schools, despite better
insulation, require more petroleum to operate.
New School
In nearby Noatak, an 18,000-square-foot school was torn
down and replaced with one more than twice as large with a
new air-circulating system and more lights.
``We have a very fragile economy in most of these villages
already and then you add the jolt of high fuel-oil prices.
It's my guess that many of these communities will not find
themselves viable if fuel prices stay here,'' says Mike
Black, director of community advocacy at Alaska's Department
of Commerce, Community and Economic Development. The
villages, he says, ``are begging, borrowing and stealing to
get enough fuel.''
The extreme costs of fuel in rural Alaska have led to
numerous energy experiments. But various efforts to reduce
rural Alaska's dependence on petroleum-based energy have
struggled. Petroleum is easy to store, handle and transport,
says Brent Sheets, head of the federal government's Arctic
Energy Office in Fairbanks. ``It is hard to beat diesel
fuel,'' he says.
A proposal to build a small nuclear power plant for one
small town was shelved when a study concluded that the
federal security requirements made the project uneconomic.
Solar isn't a good fit for Alaska, because fuel demand goes
up in the winter when the state gets little sunlight. The
Energy Department office even looked at turbines designed to
harness river energy, dodging logs and car-sized icebergs,
but plans never made it past the theoretical stage.
One alternative-energy success story is in Kotzebue, the
hub community to the west of Shungnak on the Chukchi Sea. On
the tundra outside of Kotzebue, where the only sign of life
is paw prints from an Arctic fox, are 17 windmills capable of
generating one megawatt of electricity. The windmills ``are a
hedge against rising fuel costs,'' says Brad Reeve, a
Minnesotan who came to the town 30 years ago to run the
public-radio station and now heads up the electric
cooperative.
As the cost of bringing in diesel has grown, electricity
from the windmills has looked better and better. But the
windmills have a high upfront cost--they sit on special
pilings with chemicals that ensure the tundra remains frozen
to hold the windmills steady. And on a recent morning, as a
computer in the coop's offices showed 2.8 megawatts of
demand, the wind wasn't blowing. All of the electricity came
from distillate-burning generators, a reminder that Kotzebue
needs to keep a steady supply of oil.
In Shungnak, Mr. Woods, the tribal-government official,
says he expects the oil will keep on flowing. Eskimos are
accustomed to adapting to extreme conditions, he says. But
there is little effort being made to teach children how to
hunt the old way. ``Their lifestyle now is so convenient,''
he says.
Hanging out on the steps of the village store after school
with friends, 11th-grader Dion Tickett says he didn't grow up
learning how to hunt or take care of a team of Alaskan
huskies. He grew up watching television and riding
snowmobiles, something he and his friends do to pass the
time. ``There's nothing to do around here,'' he says.
After school let out on a recent afternoon, Mr. Woods spent
$90 to fill up his Arctic Cat snowmobile to take his son out
hunting. But he doesn't expect his son to need these skills.
In a couple of years, when his son enters high school, Mr.
Woods plans to move his family to east Texas, where he was
stationed in the military. Gasoline there costs just under
$3.00 a gallon.
____________________
LEWISTON'S RECOGNITION AS ONE OF TEN ALL-AMERICAN CITIES
______
HON. MICHAEL H. MICHAUD
of maine
in the house of representatives
Tuesday, June 19, 2007
Mr. MICHAUD. Mr. Speaker, I rise today in celebration of the fact
that Lewiston, Maine, has been recognized as 1 of 10 All-American
Cities by the National Civic League.
Lewiston truly embodies both dynamic change and proud tradition and
is extremely deserving of this award. Located in my congressional
district in Maine, the city of Lewiston was first settled in 1770 by
Franco-American and Acadian settlers, who came to Lewiston to find
employment in the mills powered by the nearby Androscoggin River.
Textile mills flourished as women from the surrounding countryside came
for employment opportunities. The city continued to grow and expand,
and by the 1950s, Lewiston had become the State's primary manufacturing
center.
Unfortunately, the subsequent decline of textile manufacturing led to
unemployment, decreased wages, and a need for new ideas and new
industries. In the 1990s, the city began to focus on new downtown
construction, bold development strategies, improved post-secondary
educational prospects, expanded health care, and new cultural events.
In 1992, the town acquired the Bates mill and redeveloped 500,000
square feet of space. Lewiston also joined in a partnership with
Auburn, ME, for economic development, busing, 911 services and drinking
water. In the downtown area, the Southern Gateway project established
Maine's first fully-fiber optic community for telephone, cable and
broadband services. University of Southern Maine has begun a new
expansion which makes the Lewiston-Auburn College the fastest growing
campus within the University of Maine system, while Bates College has
been recognized as a best value college by a national publication.
Since 2003, Lewiston has invested $20 million in affordable housing
to provide opportunities for families, and since 2000, it has seen $350
million in new business construction.
Today, Lewiston is thriving. It is home to almost 36,000 residents,
and it is clear that her citizens are working together with great pride
to continue building the community. Local institutions are deeply
involved in helping Lewiston to grow and evolve. The Androscoggin
Leadership Institute is helping the community to understand its current
and future needs and find new opportunities for individuals to
contribute. The local Thongragg Nature Center Project is now the
largest bird sanctuary within New England; volunteers there ensure safe
access to 5 miles of recreational trails. And since the city is now
home to a large Somali community, the group United Somali Women of
Maine has created a DVD that stresses the importance of education,
changing roles of women, and the commitment to preserving their culture
for the youth of Lewiston.
It is clear that Lewiston today is a center of business,
volunteerism, education, environmental action, and diversity. The
citizens are mindful of their proud traditions, and have made something
very special in Lewiston, ME. Their achievements are truly something to
commemorate, and I congratulate the city of Lewiston for their
achievements and for the well-deserved recognition of this award.
____________________
CONGRATULATIONS TO BOB WILLIAMS ON THE OCCASION OF HIS RETIREMENT FROM
THE WAVE TRANSIT SYSTEM
______
HON. JO BONNER
of alabama
in the house of representatives
Tuesday, June 19, 2007
Mr. BONNER. Madam Speaker, it is with great pride and pleasure that I
rise today to recognize the outstanding service and leadership of Bob
Williams on the occasion of his retirement after 35 years of service in
public transportation. For the past 6 years, Bob has served Mobile as
the general manager of the Wave Transit System.
[[Page 16470]]
Bob began his career in Peoria, Illinois, as a bus operator and rose
to assistant general manager. In 1988, he was selected to be assistant
general manager of the Transit System in Charlotte, North Carolina,
where he served for 12 years.
In 2001, Bob came to Mobile and was responsible for the overall
management of day-to-day operations. He oversaw the opening of the
renovated GM&O building and helped coordinate relief efforts during
Hurricanes Dennis and Katrina. Bob forever changed the face of public
transportation in Mobile--new carriers, the MODA, user-friendly
routing, neighborhood pick-up service, comfortable rider stations,
litter free bus rides, and increased ridership.
Madam Speaker, I ask my colleagues to join with me in commending Bob
Williams for his tireless service to public transportation in Mobile. I
know Bob's colleagues, his family, and his many friends join with me in
praising his significant accomplishments and extending thanks for all
his efforts on behalf of the citizens of the First Congressional
District.
____________________
HONORING RODOLFO AND DORA MIRABAL FROM CORPUS CHRISTI, TEXAS
______
HON. SOLOMON P. ORTIZ
of texas
in the house of representatives
Tuesday, June 19, 2007
Mr. ORTIZ. Madam Speaker, I rise today to pay tribute to the
accomplishments of two pioneers in the national Hispanic community, and
their home in south Texas. Rodolfo Zepeda Mirabal, Sr., and Dora
Cervera Mirabal, were two activists and organizers in the Corpus
Christi community who answered the call of patriots and did much to
make our community a better, more transparent, place to live.
Rodolfo was among the original founders of the League of United Latin
American Citizens, LULAC, and in the 1920s he began publishing his own
Spanish-language newspaper, called El Democrata. In the 1930s Dora
began an annual publication of a traditional form of Mexican satirical
verse for Dia de los Muertos (Day of the Dead or All Souls Day).
Always civically engaged, Dora founded a bilingual school called El
Circulo de Nuestros Amigos Para Los Estudiantes Bilingues, which
operated at the Mirabal Printing Company and helped Spanish speakers
learn English. She became the first female member of the Corpus Christi
Mexican Chamber of Commerce, and served as an officer in the Corpus
Christi Ladies' LULAC Chapter.
Together Rodolfo and Dora operated Mirabal Printing Company in the
heart of the Mexican-American community of Corpus Christi.
In 1938 the couple began publishing a weekly, full-size Spanish
language newspaper in Corpus Christi, El Progreso, which kept the
community informed for 41 years. This paper not only served as a
crucial resource to the Hispanic community for local, national, and
international issues, but it tried to give the Mexican-Americans in the
Coastal Bend inspiration and a voice.
Following Rodolfo's death in 1968, Dora Cervera Mirabal continued
work on El Progreso until she died of cancer on December 4, 1979. The
Mirabals were succeeded by three children: Rodolfo, Jr.; Rosie; and
Robert, all of whom carry on the family's printing business today.
Rodolfo and Dora Mirabal were ``lost giants'' in the advancement of
the Mexican-American civil rights movement who inspired not just my
generation, but generations to come.
I ask the House of Representatives to join me today in remembering
this extraordinary couple and their outstanding record of civic service
to the city of Corpus Christi and the south Texas community.
____________________
PERSONAL EXPLANATION
______
HON. LYNN A. WESTMORELAND
of georgia
in the house of representatives
Tuesday, June 19, 2007
Mr. WESTMORELAND. Madam Speaker, on Friday, June 15 until the end of
the legislative day, I was home in Georgia due to an unexpected medical
condition of a family member. As a result, I missed a number of votes.
Had I been present, I would have voted the following:
``Aye'' on the McHenry 2nd Degree Amendment to the Fox Amendment to
H.R. 2638, the Department of Homeland Security Appropriations Act for
Fiscal Year 2008 (rollcall 466).
``Aye'' on the Fox Amendment to H.R. 2638, the Department of Homeland
Security Appropriations Act for Fiscal Year 2008 (rollcall 467).
``Aye'' on the Fallin Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (rollcall
468).
``Aye'' on the Drake Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (rollcall
469).
``Aye'' on the King (NY) Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (rollcall
470).
``Aye'' on the Brown-Waite Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (rollcall
471).
``Aye'' on the Burgess Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (rollcall
472).
``Aye'' on the Ferguson Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (rollcall
473).
``Aye'' on the McHenry Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (rollcall
474).
``Aye'' on the Pearce Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (rollcall
475).
``Aye'' on the Carter Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (rollcall
476).
``Aye'' on the McCaul (TX) Amendment No. 98 to H.R. 2638, the
Department of Homeland Security Appropriations Act for Fiscal Year 2008
(Rollcall 477).
``Aye'' on the King (IA) Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (Rollcall
478).
``Aye'' on the Bilbray Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (Rollcall
479).
``Aye'' on the McCaul (TX) Amendment No. 99 to H.R. 2638, the
Department of Homeland Security Appropriations Act for Fiscal Year 2008
(Rollcall 480).
``Aye'' on the Rogers Amendment No. 2 to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (Rollcall
481).
``Aye'' on the Poe Amendment to H.R. 2638, the Department of Homeland
Security Appropriations Act for Fiscal Year 2008 (Rollcall 482).
``No'' on the LaTourette Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (Rollcall
483).
``Aye'' on the Tancredo Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (Rollcall
484).
``Aye'' on the Tancredo Amendment No. 7 to H.R. 2638, the Department
of Homeland Security Appropriations Act for Fiscal Year 2008 (Rollcall
485).
``Aye'' on the Royce Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (Rollcall
486).
``Aye'' on the Forbes Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (Rollcall
487).
``Aye'' on the Rogers (KY) Amendment to H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (Rollcall
488).
``Aye'' on the Rogers (KY) Amendment No. 1 to H.R. 2638, the
Department of Homeland Security Appropriations Act for Fiscal Year 2008
(Rollcall 489).
``Aye'' on the Motion to Recommit H.R. 2638, the Department of
Homeland Security Appropriations Act for Fiscal Year 2008 (Rollcall
490).
``No'' on Passage of H.R. 2638, the Department of Homeland Security
Appropriations Act for Fiscal Year 2008 (Rollcall 491).
``Aye'' on Hayes Amendment to H.R. 2642, the Military Construction
and Veterans Affairs Appropriations for Fiscal Year 2008 (Rollcall
492).
``No'' on the Blumenauer Amendment to H.R. 2642, the Military
Construction and Veterans Affairs Appropriations for Fiscal Year 2008
(Rollcall 493).
``Aye'' on the Price (GA) Amendment No. 17 to H.R. 2642, the Military
Construction and Veterans Affairs Appropriations for Fiscal Year 2008
(Rollcall 494).
``Aye'' on the Moran (KS) Amendment to H.R. 2642, the Military
Construction and Veterans Affairs Appropriations for Fiscal Year 2008
(Rollcall 495).
``Aye'' on the Garrett Amendment No. 1 to H.R. 2642, the Military
Construction and Veterans Affairs Appropriations for Fiscal Year 2008
(Rollcall 496).
[[Page 16471]]
``Aye'' on the Musgrave Amendment to H.R. 2642, the Military
Construction and Veterans Affairs Appropriations for Fiscal Year 2008
(Rollcall 497).
``Aye'' on Passage of H.R. 2642, the Military Construction and
Veterans Affairs Appropriations for Fiscal Year 2008 (Rollcall 498).
____________________
IN RECOGNITION OF PASTOR DOUGLAS P. JONES
______
HON. JOE KNOLLENBERG
of michigan
in the house of representatives
Tuesday, June 19, 2007
Mr. KNOLLENBERG. Madam Speaker, I rise today to recognize and
congratulate Reverend Douglas P. Jones, who celebrates his 18th
anniversary as pastor of the Welcome Missionary Baptist Church in
Pontiac, Michigan, on June 18, 2007, as well as his birthday on June
10, 2007.
After graduating from the University of Cincinnati, Pastor Jones
continued his studies in pastoral care administration at Cincinnati
Bible College. On April 8, 1989, the Welcome Ministry Baptist Church
voted to call Reverend Jones as their pastor. During his years of
service, he has earned certificates in various workshops and counseling
sessions, as well as special training in administration, management,
and planning. Under his leadership, the congregation has seen its
membership grow from 165 to over 3,600.
Pastor Jones' tireless efforts and continued dedication to the
ministry has allowed him to develop strong support that extends
throughout the city of Pontiac and Oakland County. This includes
serving as the Chaplain of the Oakland County Sheriff's Department,
Board Chair of North Oakland Medical Center, and acting as a board
member for the Pontiac Oakland Symphony, the Minority Chamber of
Commerce, and the Salvation Army. Pastor Jones is more than deserving
of the numerous honors and awards that he has received over the past 18
years, including commendations from the City of Pontiac, the State of
Michigan, and even recognition from President Bill Clinton.
The impact that Pastor Jones has had on the community is
immeasurable. As founder and President of the Greater Pontiac Community
Coalition and board member of the Pontiac Youth Assistance Board, he
has established programs that guide our youth to a brighter future. In
addition, the scholarship established by his church has helped open the
doors of success to hundreds of young men and women.
Today I recognize Reverend Douglas P. Jones for his commitment to his
faith and community. He has truly worked to help better those around
him. I wish him many years of continued success and a happy and healthy
birthday.
____________________
IN RECOGNITION OF STAFF SERGEANT SHANNON WEAVER
______
HON. MIKE ROGERS
of alabama
in the house of representatives
Tuesday, June 19, 2007
Mr. ROGERS of Alabama. Madam Speaker, SSG Shannon Weaver was killed
on May 21, 2007, in Baghdad, Iraq, when his vehicle was struck by an
I.E.D. Staff Sergeant Weaver was assigned to the A Company, 425th
Brigade Special Troops Battalion, 25th Infantry Division stationed in
Fort Richardson, Alaska.
Staff Sergeant Weaver had previously completed two operational
deployments and was on his second tour of duty in Iraq. Staff Sergeant
Weaver will be dearly missed by family and the community of his youth,
Piedmont, Alabama. Shannon was a graduate of Piedmont High School where
he was a member of the football team. His former teammates recall a
young man known for his strong will and determination.
Words cannot express the sense of sadness we have for his family and
for the gratitude our country feels for his service. Staff Sergeant
Weaver, like other brave men and women who have served in uniform, died
serving not just the United States but the entire cause of liberty.
Indeed, like those who have served before him, he was a true American.
We will forever hold him closely in our hearts, and remember his
sacrifice and that of his family as a remembrance of his bravery and
willingness to serve our Nation. Thank you, Madam Speaker, for the
House's remembrance at this mournful occasion.
____________________
COMMEMORATING UCLA'S 100TH NCAA CHAMPIONSHIP
______
HON. HENRY A. WAXMAN
of california
in the house of representatives
Tuesday, June 19, 2007
Mr. WAXMAN. Madam Speaker, I would like to take this opportunity to
recognize the University of California, Los Angeles for winning its
100th NCAA championship. UCLA is the first university to reach this
historic milestone through the hard work and dedication of gifted young
student-athletes and their coaches. Beginning with the university's
first NCAA championship in tennis in 1950, 16 different men's and
women's athletics programs have contributed to these 100 championships,
establishing an unparalleled record of excellence. The most recent
championship victory was achieved when the women's water polo team
captured the 2007 NCAA title. For the talented young women of the water
polo team, this represents their third consecutive championship and
fifth overall.
Madam Speaker, while this is an occasion to commend these athletes,
their coaches, the athletics staff, and the fans who proudly wear the
blue and gold, we should recognize not only their athletic
achievements, but also UCLA's outstanding tradition of nurturing
student-athletes who excel both on and off the field and the
contributions they make to their communities as they do so. I am proud
and delighted to congratulate UCLA on this occasion. Go Bruins.
____________________
PERSONAL EXPLANATION
______
HON. ANNA G. ESHOO
of california
in the house of representatives
Tuesday, June 19, 2007
Ms. ESHOO. Madam Speaker. I was not present during rollcall votes
Nos. 444-447 on June 7, 2007, and rollcall votes Nos. 492-498 on June
14, 2007.
On rollcall vote No. 444 I would have voted ``yes.''
On rollcall vote No. 445 I would have voted ``yes.''
On rollcall vote No. 446 I would have voted ``no.''
On rollcall vote No. 447 I would have voted ``yes.''
On rollcall vote No. 492 I would have voted ``no.''
On rollcall vote No. 493 I would have voted ``yes.''
On rollcall vote No. 494 I would have voted ``no.''
On rollcall vote No. 495 I would have voted ``yes.''
On rollcall vote No. 496 I would have voted ``no.''
On rollcall vote No. 497 I would have voted ``yes.''
On rollcall vote No. 498 I would have voted ``yes.''