[Congressional Record (Bound Edition), Volume 157 (2011), Part 5]
[Senate]
[Pages 7331-7336]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. INHOFE (for himself, Mr. Cochran, Mr. Vitter, Mr. Boozman, 
        Mr. Risch, and Mr. Crapo):
  S. 999. A bill to amend the Safe Drinking Water Act to prevent the 
enforcement of certain national primary drinking water regulations 
unless sufficient funding is available; to the Committee on Environment 
and Public Works.
  Mr. INHOFE. Mr. President, I rise today to introduce the Small System 
Drinking Water Act of 2011. This is the fourth Congress that I have 
introduced this bill which would help water systems throughout the 
country comply with the ever growing number of federal drinking water 
standards. I am pleased to be joined by Senators Thad Cochran, David 
Vitter, John Boozman, James Risch, and Mike Crapo as cosponsors of this 
legislation. My bill will require the Federal Government to live up to 
its obligations and require the EPA to use the tools it was given in 
the 1996 Safe Drinking Water Act amendments, SDWA.
  My goal here is to ensure that small towns across the country have 
safe, affordable drinking water and that the laws are fair to small and 
rural communities. Currently EPA assumes that families can afford water 
rates of 2.5 percent of their annual median household income, or $1,000 
per household. For some families, paying $83 a month for water may not 
be a hardship but for so many more, it is nearly impossible. There must 
be some flexibility inserted into the calculation that factors in the 
ability of the truly disadvantaged to pay these costs. Forcing systems 
to raise rates beyond what their ratepayers can afford only causes more 
damage than good.
  EPA needs to look more closely at how it determines affordability. My 
bill directs EPA to take additional factors into consideration when 
making this determination. These include ensuring that the 
affordability criteria are not more costly on a per-capita basis to a 
small water system than to a large water system.
  In EPA's most recent drinking water needs survey, Oklahoma identified 
a total of over $4.1 billion in drinking water needs over the next 20 
years. $2.4 billion of that need is for community water systems that 
serve fewer than 10,000 people. The $4.1 billion does not include the 
total costs imposed on Oklahoma communities to meet federal clean water 
requirements, the new Groundwater rule, the DBP II rule or the Long 
Term 2 Enhanced Surface Water Treatment Rule. Oklahoma continues to 
have municipalities struggling with the 2002 arsenic rule. Many of our 
small systems are having difficulty with the Disinfection Byproducts, 
DBP, Stage I rule, and small systems who purchase water from other 
systems and did not have to test, treat or monitor their water must now 
comply with DBP II. EPA estimates that over the next 20 years, the 
entire country will need $52.0 billion to come into compliance with 
existing, proposed or recently promulgated regulations.
  My bill proposes a few simple steps to help systems comply with all 
these rules. First, it reauthorizes the technical assistance program in 
the Safe Drinking Water Act. The DBP rules are very complex and involve 
a lot of monitoring and testing. If we are going to impose complicated 
requirements on systems, we need to provide them with help to implement 
those requirements.
  The bill creates a pilot program to demonstrate new technologies and 
approaches for systems of all sizes to comply with these complicated 
rules. It requires the EPA to convene a working group to examine the 
science behind the rules in order to compare new developments since 
each rule's publication.
  Section 1412(b)(4)(E) of the SDWA Amendments of 1996 authorizes the 
use of point of entry treatment, point of use treatment and package 
plants to economically meet the requirements of the act. However, to 
date, these approaches are not widely used by small water systems. My 
legislation directs the EPA to convene a working group to identify 
barriers to the use of these approaches. The EPA will then use the 
recommendations of the working group to draft a model guidance document 
that states can use to create their own programs.
  Most importantly this bill requires the Federal Government to pay for 
these unfunded mandates created by laws and regulations. In 1995, 
Congress passed the Unfunded Mandates Reform Act to ensure that the 
Federal Government pays the costs incurred by state and local 
governments in complying with Federal laws. My bill is designed to 
ensure that EPA cannot take an enforcement action against a system 
serving less than 10,000 people, without first ensuring that it has 
sufficient funds to meet the requirements of the regulation.
  Since the 108th Congress, I have co-authored and cosponsored 
legislation to provide additional resources to communities through the 
State Revolving Loan Funds. Unfortunately, not much has changed. We 
still have too many regulations and not enough money to pay for them. 
Funding legislation is important but until that money becomes 
available, it is unreasonable to penalize and fine local communities 
because they cannot afford to pay for regulations we imposed on them. I 
thank my colleagues and look forward to their support of this 
commonsense proposal.
                                 ______
                                 
      By Mr. WYDEN (for himself and Ms. Stabenow):
  S. 1001. A bill to reduce oil consumption and improve energy 
security, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. WYDEN. Mr. President, today Sen. Stabenow and I are introducing 
legislation designed to reduce our dependence on imported oil by 
replacing it with cleaner, domestic sources of energy to power our 
cars, trucks, buses, tractors, and ships. The only way to reduce our 
Nation's dependence on foreign oil is to reduce our dependence on oil. 
When it comes to reducing our use of oil, transportation is where the 
vast bulk of America's oil use is. Over 70 percent of all of the oil 
used in the U.S. is used for transportation. Unless we do something 
about the amount of oil used by our transportation sector, we have no 
chance of making a significant dent in our dependence on oil. The goal

[[Page 7332]]

of this bill is to replace a significant portion of that oil with home-
grown alternative fuels--electricity, natural gas, propane, biofuels, 
and hydrogen. We believe this will create jobs and economic growth here 
in the U.S. and reduce the relentless flow of dollars overseas to buy 
oil.
  Many of our colleagues share our concern and have been strong 
advocates for individual vehicle technologies. Indeed, both Sen. 
Stabenow and I voted last year in the Senate Energy Committee to 
support legislation by Sen. Dorgan, Sen. Merkley and Sen. Alexander to 
promote electric vehicles. With electric vehicles, fuel can come from 
many sources, and very little of it from oil. With plug-in electric 
technology now hitting the streets, you can literally use power from a 
wind turbine to drive to the store. Sen. Menendez and Sen. Reid have 
offered bills to promote natural gas vehicles. Natural gas is a natural 
fuel for many vehicle applications and it now appears that there are 
significant new natural gas resources here in North America that could 
be tapped to replace imported oil.
  At the end of the day, however, different fuels are going to work 
better in different types of vehicles and in different parts of the 
country. For that reason, our bill does not pick technology winners and 
losers. It is ``technology neutral,'' ``geography neutral'' and 
``market neutral.'' An alternative fuel that is readily available in 
one part of the country may not be readily available in every part of 
the country, or it may not work as well in an 18 wheel tractor-trailer 
as in the family car. Our bill does not chose which fuel is used where, 
or for what kind of vehicles. We leave that up to the free market so 
that fuel providers and vehicle manufacturers can compete for what 
works best for their customers.
  While it is true that cars and pick-up trucks use about 63 percent of 
all transportation fuel, that still means that well over a third is 
used in other kinds of vehicles. Medium and heavy trucks and buses, for 
example, use about 20 percent of all motor fuel. Our bill is aimed at 
making inroads on oil imports all up and down the road, in all kinds of 
vehicles, and even for off-road vehicles and engines that aren't on the 
road at all.
  Our bottom line goal is to help American businesses, which build 
vehicles and supply fuel, provide genuine alternatives to conventional 
fuels and engine technologies so that Americans can reduce our 
dependence on foreign oil. The bill does this by providing a set of 
tools to promote the deployment of these technologies while keeping in 
mind the difficult budget situation the country faces. In several 
instances, the bill modifies existing programs, rather than create new 
ones, and it includes a source of funds to pay for the new programs it 
does create.
  First, the bill takes the existing advanced vehicle manufacturing 
support program at the U.S. Department of Energy, which is now focused 
on providing financial support to major manufacturers of light duty 
vehicles, and opens it up to alternative fuel technologies. It also 
expands the program to component manufacturers further down the supply 
chain and to the production of medium and heavy trucks, buses, and 
transit vehicles and lifts the cap on the amount of loans that can be 
made to American manufacturers and their suppliers.
  Alternative fuel vehicles need alternative fuel. So the next major 
initiative in the bill is to provide financial support for the 
production and distribution of those alternative fuels. Again, instead 
of creating a whole new program to support this alternative fuel 
infrastructure, the bill modifies the existing clean energy Department 
of Energy loan guarantee program created section 1703 of the Energy 
Policy Act of 2005. This loan program was aimed at financing new, 
innovative low-carbon electricity generation technologies. That is all 
well and good, but those investments do not address the very real 
energy security challenge facing our country from oil imports, 
especially since so little electricity in the U.S. is actually 
generated using oil. Our bill would allow this already existing program 
to be used for alternative fuel infrastructure.
  The bill includes additional measures to provide technical assistance 
to States and local governments, public-private partnerships and 
utility companies and utility commissions to help overcome barriers to 
the deployment of these alternative fuel vehicles. The bill provides 
worker training and technology research programs to make sure there is 
a skilled workforce and new technologies. Taken altogether, these 
provisions are designed to provide the tools for manufacturers, parts 
suppliers, fuel providers, transportation planners, utility regulators, 
and State and local officials to deploy alternative fuel vehicles, and 
the fuels to power them, in numbers that make a difference and truly 
reduce our dependence on imported oil.
  Finally, the bill includes a funding offset by capping the size of 
the Strategic Petroleum Reserve, SPR, at 90 days of non-North American 
crude oil and petroleum fuel imports. Under current law, the SPR is 
supposed to grow to 1 billion barrels at a cost of over $5 billion for 
construction and, at current prices, over $30 billion to fill it with 
oil. Buying more insurance doesn't make that old car any safer. While I 
support having a Strategic Petroleum Reserve, the plain truth of the 
matter is that spending billions of additional dollars to put more oil 
into the SPR will not reduce our dependence on oil imports by a single 
barrel. This bill would take the money generated by reducing the size 
of the SPR and reinvest it in alternative energy technologies that 
will, in fact, genuinely reduce that dependence. Rather than putting 
more oil in the ground for short-term supply emergencies, we put 
American innovation to work to reduce our Nation's oil dependence 
permanently.
  I applaud my colleague from Oregon, Senator Merkley, and our other 
Senate colleagues, for recognizing that new vehicle technologies now 
entering the market are not just scientific curiosities, but game-
changing opportunities to finally get our country off of its addiction 
to oil. I look forward to working with them to enact programs and 
policies that ensure these alternative fuel technologies succeed in the 
marketplace.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1001

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Alternative Fuel Vehicles Competitiveness and Energy 
     Security Act of 2011''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

    TITLE I--ALTERNATIVE FUEL VEHICLE DEPLOYMENT AND INFRASTRUCTURE 
                              DEVELOPMENT

Sec. 101. Loan guarantees for alternative fuel infrastructure.
Sec. 102. Advanced technology vehicles manufacturing incentive program.
Sec. 103. Conventional fuel replacement calculation and assessment.
Sec. 104. Technical assistance and coordination.
Sec. 105. Workforce training.
Sec. 106. Reduction of engine idling and conventional fuel consumption.
Sec. 107. Electric and natural gas utility and oil pipeline 
              participation.
Sec. 108. HOV lane access extension.
Sec. 109. Research, development, and demonstration.

                     TITLE II--FUNDING AND OFFSETS

Sec. 201. Authorization of appropriations.
Sec. 202. Strategic Petroleum Reserve.
Sec. 203. Transfers.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Alternative fuel.--The term ``alternative fuel'' has 
     the meaning given the term in section 30B(e)(4) of the 
     Internal Revenue Code of 1986.
       (2) Alternative fuel vehicle.--The term ``alternative fuel 
     vehicle'' means--
       (A) a new qualified alternative fuel motor vehicle (as 
     defined in section 30B(e)(4) of the Internal Revenue Code of 
     1986);
       (B) a mixed-fuel vehicle (as defined in section 
     30B(e)(5)(B) of that Code);
       (C) a new qualified plug-in electric drive motor vehicle 
     (as defined in section 30D(d) of that Code); or
       (D) a nonroad vehicle manufactured to primarily use an 
     alternative fuel.

[[Page 7333]]

       (3) Community college.--The term ``community college'' has 
     the meaning given the term ``junior or community college'' in 
     section 312 of the Higher Education Act of 1965 (20 U.S.C. 
     1058).
       (4) Department.--The term ``Department'' means the 
     Department of Energy.
       (5) Nonroad vehicle.--
       (A) In general.--The term ``nonroad vehicle'' means a 
     vehicle that is not licensed for onroad use.
       (B) Inclusions.--The term ``nonroad vehicle'' includes a 
     vehicle described in subparagraph (A) that is used 
     principally--
       (i) for industrial, farming, or commercial use;
       (ii) for rail transportation;
       (iii) at an airport; or
       (iv) for marine purposes.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

    TITLE I--ALTERNATIVE FUEL VEHICLE DEPLOYMENT AND INFRASTRUCTURE 
                              DEVELOPMENT

     SEC. 101. LOAN GUARANTEES FOR ALTERNATIVE FUEL 
                   INFRASTRUCTURE.

       (a) In General.--Section 1703(a) of the Energy Policy Act 
     of 2005 (42 U.S.C. 16513(a)) is amended--
       (1) in paragraph (1), by striking ``and'' after the 
     semicolon at the end;
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) reduce oil imports through the use of alternative 
     fuel (as defined in section 30B(e)(4) of the Internal Revenue 
     Code of 1986); and''.
       (b) Categories.--Section 1703(b) of the Energy Policy Act 
     of 2005 (42 U.S.C. 16513(b)) is amended by adding at the 
     following:
       ``(11) The production and distribution of--
       ``(A) alternative fuel (as defined in section 30B(e)(4) of 
     the Internal Revenue Code of 1986); or
       ``(B) advanced biofuel (as defined in section 211(o)(1) of 
     the Clean Air Act (42 U.S.C. 7545(o)(1))).''.

     SEC. 102. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 
                   INCENTIVE PROGRAM.

       Section 136 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17013) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (A) through (C) as 
     clauses (i) through (iii), respectively, and indenting 
     appropriately;
       (ii) in the matter preceding clause (i) (as redesignated by 
     clause (i)), by striking ``means an ultra efficient vehicle 
     or a light duty vehicle that meets--'' and inserting 
     ``means--
       ``(A) an ultra efficient vehicle or a light duty vehicle 
     that meets--'';
       (iii) in clause (iii) (as redesignated by clause (i)), by 
     striking the period at the end and inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(B) a vehicle (such as a medium-duty or heavy-duty work 
     truck, bus, or rail transit vehicle) that--
       ``(i) is used on a public street, road, highway, or 
     transitway;
       ``(ii) meets each applicable emission standard that is 
     established as of the date of the application; and
       ``(iii) will reduce consumption of conventional motor fuel 
     by 25 percent or more, as compared to existing surface 
     transportation technologies that perform a similar function, 
     unless the Secretary determines that--

       ``(I) the percentage is not achievable for a vehicle type 
     or class; and
       ``(II) an alternative percentage for that vehicle type or 
     class will result in substantial reductions in motor fuel 
     consumption within the United States; and

       ``(C) an alternative fuel vehicle (as defined in section 2 
     of the Alternative Fuel Vehicles Competitiveness and Energy 
     Security Act of 2011) that--
       ``(i) meets each applicable emission standard that is 
     established as of the date of the application; and
       ``(ii) will reduce consumption of conventional fuel by 25 
     percent or more, as compared to existing surface 
     transportation technologies that perform a similar function, 
     unless the Secretary determines that--

       ``(I) the percentage is not achievable for a vehicle type 
     or class; and
       ``(II) an alternative percentage for that vehicle type or 
     class will result in substantial reductions in conventional 
     fuel consumption within the United States.'';

       (B) in paragraph (3)(B)--
       (i) by striking ``equipment and'' and inserting 
     ``equipment,''; and
       (ii) by inserting ``, and manufacturing process equipment'' 
     after ``suppliers''; and
       (C) by striking paragraph (4) and inserting the following:
       ``(4) Qualifying components.--The term `qualifying 
     components' means components, systems, or groups of 
     subsystems that the Secretary determines--
       ``(A) to be designed to improve fuel economy or the 
     substitution of conventional fuel with--
       ``(i) alternative fuel (as defined in section 30B(e)(4) of 
     the Internal Revenue Code of 1986); or
       ``(ii) advanced biofuel (as defined in section 211(o)(1) of 
     the Clean Air Act (42 U.S.C. 7545(o)(1))); or
       ``(B) to contribute measurably to the overall improved fuel 
     use of an advanced technology vehicle, including idle 
     reduction technologies.'';
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``to automobile'' and inserting ``to 
     advanced technology vehicle'';
       (3) in subsection (d)(1), in the first sentence, by 
     striking ``a total of not more than $25,000,000,000 in'';
       (4) in subsection (h)--
       (A) in the subsection heading, by striking ``Automobile'' 
     and inserting ``Advanced Technology Vehicle''; and
       (B) in paragraph (1)(B), by striking ``automobiles'' each 
     place it appears and inserting ``advanced technology 
     vehicles''; and
       (5) in subsection (i), by striking ``2012'' and inserting 
     ``2016''.

     SEC. 103. CONVENTIONAL FUEL REPLACEMENT CALCULATION AND 
                   ASSESSMENT.

       (a) Methodology.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall, by rule, develop 
     a methodology for calculating the equivalent volumes of 
     conventional fuel displaced by use of each alternative fuel 
     to assess the effectiveness of alternative fuel and 
     alternative fuel vehicles in reducing oil imports.
       (b) National Assessment.--Not later than 3 years after the 
     date of enactment of this Act, the Secretary shall--
       (1) conduct a national assessment (using the methodology 
     developed under subsection (a)) of the effectiveness of 
     alternative fuel and alternative fuel vehicles in reducing 
     oil imports into the United States, including as assessment 
     of--
       (A) market penetration of alternative fuel and alternative 
     fuel vehicles in the United States;
       (B) successes and barriers to deployment identified by the 
     programs established under this Act; and
       (C) the maximum feasible deployment of alternative fuel and 
     alternative fuel vehicles by 2020 and 2030; and
       (2) report to Congress the results of the assessment.

     SEC. 104. TECHNICAL ASSISTANCE AND COORDINATION.

       (a) Technical Assistance to State, Local, and Tribal 
     Governments.--
       (1) In general.--In carrying out this title, the Secretary 
     shall provide, at the request of the Governor, mayor, county 
     executive, public utility commissioner, or other appropriate 
     official or designee, technical assistance to State, local, 
     and tribal governments or to a public-private partnership 
     described in paragraph (2) to assist with the deployment of 
     alternative fuel and alternative fuel vehicles and 
     infrastructure.
       (2) Public-private partnership.--Technical assistance under 
     this section may be awarded to a public-private partnership, 
     comprised of State, local or tribal governments and 
     nongovernmental entities, including--
       (A) electric or natural gas utilities or other alternative 
     fuel distributors;
       (B) vehicle manufacturers;
       (C) alternative fuel vehicle or alternative fuel technology 
     providers;
       (D) vehicle fleet owners;
       (E) transportation and freight service providers; or
       (F) other appropriate non-Federal entities, as determined 
     by the Secretary.
       (3) Assistance.--The technical assistance described in 
     paragraph (1) may include--
       (A) coordination in the selection, location, and timing of 
     alternative fuel recharging and refueling equipment and 
     distribution infrastructure, including the identification of 
     transportation corridors and specific alternative fuels that 
     would be made available;
       (B) development of protocols and communication standards 
     that facilitate vehicle refueling and recharging into 
     electric, natural gas, and other alternative fuel 
     distribution systems;
       (C) development of codes and standards for the installation 
     of alternative fuel distribution and recharging and refueling 
     equipment;
       (D) education and outreach for the deployment of 
     alternative fuel and alternative fuel vehicles; and
       (E) utility rate design and integration of alternative fuel 
     vehicles into electric and natural gas utility distribution 
     systems.
       (b) Cost Sharing.--Cost sharing for assistance awarded 
     under this section shall be consistent with section 988 of 
     the Energy Policy Act of 2005 (42 U.S.C. 16352).
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each of fiscal years 2012 through 2016.

     SEC. 105. WORKFORCE TRAINING.

       (a) Workforce Training.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Labor, shall award grants to community colleges, 
     other institutions of higher education, and other qualified 
     training and education institutions for the establishment or 
     expansion of programs to provide training and education for 
     vocational workforce development for--
       (A) the manufacture and maintenance of alternative fuel 
     vehicles; and

[[Page 7334]]

       (B) the manufacture and installation and inspection of 
     alternative fuel recharging, refueling, and distribution 
     infrastructure.
       (2) Purpose.--Training funded under this subsection shall 
     be intended to ensure that the workforce has the necessary 
     skills needed to manufacture, install, and maintain 
     alternative fuel infrastructure and alternative fuel 
     vehicles.
       (3) Scope.--Training funded under this subsection shall 
     include training for--
       (A) electricians, plumbers, pipefitters, and other trades 
     and contractors who will be installing alternative fuel 
     recharging, refueling, and distribution infrastructure;
       (B) building code inspection officials;
       (C) vehicle, engine, and powertrain dealers and mechanics; 
     and
       (D) others positions as the Secretary determines necessary 
     to successfully deploy alternative fuels and vehicles.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     each of fiscal years 2012 through 2016.

     SEC. 106. REDUCTION OF ENGINE IDLING AND CONVENTIONAL FUEL 
                   CONSUMPTION.

       (a) Definition of Idle Reduction Technology.--Section 
     756(a)(5) of the Energy Policy Act of 2005 (42 U.S.C. 
     16104(a)(5)) is amended--
       (1) in subparagraph (A), by striking ``and'' after the 
     semicolon at the end;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) uses an alternative fuel to reduce consumption of 
     conventional fuel and environmental emissions.''.
       (b) Funding.--Section 756(b)(4)(B) of the Energy Policy Act 
     of 2005 (42 U.S.C. 16104(b)(4)(B)) is amended in clauses (i) 
     and (ii) by striking ``fiscal year 2008'' each place it 
     appears and inserting ``each of fiscal years 2008 through 
     2016''.

     SEC. 107. ELECTRIC AND NATURAL GAS UTILITY AND OIL PIPELINE 
                   PARTICIPATION.

       (a) In General.--The Secretary shall identify barriers and 
     remedies in existing electric and natural gas and oil 
     pipeline transmission and distribution systems to the 
     distribution of alternative fuels and the deployment of 
     alternative fuel recharging and refueling capability, at 
     economically competitive costs of alternative fuel for 
     consumers, including--
       (1) model regulatory rate design and billing for recharging 
     and refueling alternative fuel vehicles;
       (2) electric grid load management and applications that 
     will allow batteries in plug-in electric drive vehicles to be 
     used for grid storage, ancillary services provision, and 
     backup power;
       (3) integration of plug-in electric drive vehicles with 
     smart grid technology, including protocols and standards, 
     necessary equipment, and information technology systems;
       (4) technical and economic barriers to transshipment of 
     biofuels by oil pipelines; and
       (5) any other barriers to installing sufficient and 
     appropriate alternative fuel recharging and refueling 
     infrastructure.
       (b) Consultation.--The Secretary shall carry out this 
     section in consultation with--
       (1) the Federal Energy Regulatory Commission;
       (2) State public utility commissions;
       (3) State consumer advocates;
       (4) electric and natural gas utility and transmission 
     owners and operators;
       (5) oil pipeline owners and operators; and
       (6) other affected entities.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing actions taken to carry out this section.

     SEC. 108. HOV LANE ACCESS EXTENSION.

       Section 166(b)(5) of title 23, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``Before September 30, 
     2009, the State'' and inserting ``The State''; and
       (2) in subparagraph (B), by striking ``Before September 30, 
     2009, the State'' and inserting ``The State''.

     SEC. 109. RESEARCH, DEVELOPMENT, AND DEMONSTRATION.

       (a) Research, Development, and Demonstration.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Defense, the Secretary of Commerce, and the 
     Secretary of Transportation, shall support research, 
     development, and demonstration of alternative fuel vehicles 
     and charging and refueling technology, including support for 
     the manufacture and deployment of those vehicles and 
     technologies, that will--
       (A) allow the United States to meet or exceed the petroleum 
     import reduction goals of this Act;
       (B) develop technologies that minimize life-cycle energy 
     use in the production and distribution of alternative fuels; 
     and
       (C) maintain United States technological leadership in 
     alternative vehicle technology.
       (2) Use of funds.--The program may include funding for--
       (A) the development of alternative fuel vehicle 
     technologies, including new technologies for on-board 
     alternative fuel and energy storage and drive train 
     components for vehicles; and
       (B) production and distribution technologies and systems 
     for alternative fuels, including--
       (i) grid connectivity technology for electric vehicles;
       (ii) recycling technology and practicable uses of 
     catalysts;
       (iii) vehicle batteries; and
       (iv) other components after the useful life in a vehicle or 
     alternative fuel production facility.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     each of fiscal years 2012 through 2016.

                     TITLE II--FUNDING AND OFFSETS

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Except as otherwise provided in this Act, there are 
     authorized to be appropriated to carry out this Act and the 
     amendments made by this Act such sums as are necessary.

     SEC. 202. STRATEGIC PETROLEUM RESERVE.

       (a) Level.--Section 154(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6234(a)) is amended by striking 
     ``1 billion barrels of petroleum products'' and inserting 
     ``the quantity of crude oil and petroleum fuels imported into 
     the United States each year from countries that are not 
     signatories to North American Free Trade Agreement during an 
     average 90-day period during the most recent calendar year 
     for which data are available''.
       (b) Filling Strategic Petroleum Reserve to Capacity.--
     Section 301(e) of the Energy Policy Act of 2005 (42 U.S.C. 
     6240 note; Public Law 109-58) is amended by striking 
     paragraph (1).

     SEC. 203. TRANSFERS.

       (a) Fiscal Year 2009.--Of the funds appropriated under 
     section 101 of division A of the Consolidated Security, 
     Disaster Assistance, and Continuing Appropriations Act, 2009 
     (Public Law 110-329; 122 Stat. 3574) for the Strategic 
     Petroleum Reserve under the heading ``Strategic Petroleum 
     Reserve'' of title III of the Energy and Water Development 
     and Related Agencies Appropriations Act, 2008 (Public Law 
     110-161; 121 Stat. 1959), $31,500,000 is transferred to carry 
     out this Act and the amendments made by this Act.
       (b) Fiscal Year 2010.--Of the funds appropriated under the 
     heading ``Strategic Petroleum Reserve'' of title III of the 
     Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2862), 
     $25,000,000 is transferred to carry out this Act and the 
     amendments made by this Act.
       (c) Use of Proceeds.--Notwithstanding any other provision 
     of law, any proceeds from the sale or exchange of oil 
     necessary to reach and maintain the authorized capacity 
     established pursuant to section 154(a) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6234(a)) and provide for 
     normal maintenance and operation of the Reserve shall be 
     transferred to carry out this Act and the amendments made by 
     this Act.
                                 ______
                                 
      By Mr. HARKIN (for himself, Ms. Mikulski, Mrs. Gillibrand, Mr. 
        Kerry, Mr. Casey, and Mr. Franken):
  S. 1004. A bill to support Promise Neighborhoods; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. HARKIN. Mr. President, in many of our Nation's poorest 
communities, children and families do not have access to the 
educational opportunities that enable youth to start school ready to 
learn and graduate from secondary school ready to succeed in college 
and the workforce, achieve economic self-sufficiency, and support 
families of their own someday.
  As chairman of the Health, Education, Labor and Pensions Committee, 
it is my responsibility to lead the reauthorization of the Elementary 
and Secondary Education Act, which affords an exciting opportunity to 
improve the quality of elementary and secondary education for our 
children and youth. Our Nation's future economic strength and national 
security require well-educated workers who are not only academically 
prepared, but also healthy, understand the importance of community and 
civic participation, and possess the skills needed to successfully 
compete in the 21st century global economy. To accomplish these goals, 
children and youth must have access to a great education and safe and 
supportive community, beginning at birth.
  However, in too many communities the consequences of poverty limit 
the chances students have to obtain a solid academic foundation that 
leads to college and career success. That is why we need Promise 
Neighborhoods. Promise Neighborhood partnerships leverage community 
assets to significantly improve academic outcomes, including school 
readiness, high school graduation and college entry and completion.

[[Page 7335]]

Promise Neighborhood partners use data-driven decisionmaking to guide 
investments in a community-based continuum of high-quality services and 
evidence-based practices that address the needs of children, from birth 
through college and career entry. The reauthorization of ESEA provides 
us with an opportunity to build upon the successes of Promise 
Neighborhoods, of which there are more than 40 across the country, to 
ensure that children and youth have access to good schools, integrated 
students supports and other wrap-around services needed to ensure 
academic, as well as social and emotional, growth and development.
  The lack of supports for families and children in distressed 
neighborhoods has a profound impact on student achievement and 
development. Children from poor families are less likely to have access 
to nutritious foods, high-quality early learning programs, adults who 
read to them every day, and basic health care. As a result, these 
children are more likely to experience sickness and developmental 
delays, chronic hunger and homelessness, and abuse and neglect--all of 
which contribute to slow brain development and low academic 
achievement. Children from low-income families enter kindergarten 
approximately three months behind the national average in reading and 
enter first grade with 900 hours less of one-on-one book-reading time 
than do their middle-class peers.
  The number of poor children facing these challenges and experiencing 
these devastating results is growing at an alarming rate. According to 
the National Center for Children and Poverty, the number of poor 
children under age 6 increased by 24 percent between 2000 and 2007. The 
center also found that in my home State of Iowa, 20 percent of children 
under age 6 live in poor families. Between 2007 and 2009, the number of 
children living in poverty nationwide grew by 2.2 million, to 15.5 
million. This means that more of our Nation's children are starting 
school ill-equipped to thrive and gain the skills needed for success in 
the 21st century. The best way to combat this trend is to ensure that 
all children, especially those in low-income and under-resourced 
communities, have access to high-quality early learning programs, 
effective schools, and family and student supports that prepare them 
for success.
  One low-income neighborhood where children and their families receive 
these essential programs and supports is in Harlem, through an 
organization called Harlem Children's Zone. Geoffrey Canada began 
Harlem Children's Zone as a single-block pilot in the 1990s, which has 
since expanded to 96 blocks. Today Harlem Children's Zone operates two 
charter schools and leverages a wide range of public, nonprofit, and 
philanthropic resources to provide wrap-around services to over 10,000 
youth and about the same number of adults each year. Harlem Children's 
Zone's programs have equipped children with the skills needed to be 
successful in elementary school and have provided families with the 
tools needed to effectively support their children's development and 
academic achievement. The New York Times has called it ``one of the 
most ambitious social-service experiments of our time''.
  The bill I am introducing today builds on this outstanding framework. 
This Promise Neighborhoods proposal would fund competitive grants to 
implement cradle-to-career ``continuums of care'' similar to Harlem 
Children's Zone for children in distressed neighborhoods. Promise 
Neighborhoods encourages communities and schools to leverage 
partnerships that provide children with access to evidence-based 
education reforms, community services, and family supports that improve 
academic, developmental, career, and life outcomes.
  This bill focuses on ensuring the provision of high-quality early 
learning programs, effective family and community engagement 
strategies, and better services for special populations, such as 
children with disabilities and English learners.
  It also allows for grants that are led by community-based 
organizations working in partnership with school districts, or led by 
schools in partnership with community-based organizations or 
institutions of higher education. Partners must collaborate to develop 
and implement a high-quality, evidence-based pipeline of services. This 
pipeline, at a minimum, must support social and emotional development 
beginning at birth, enhance academic achievement, and prepare students 
for success in college and 21st century careers.
  Promise Neighborhoods is a new kind of Federal grant. It requires 
organizations, agencies, and caring adults to work together to 
revitalize a single neighborhood, focusing on access to the educational 
and other supports children need to be successful in school and in 
life. It also supports communities in working together to combat the 
devastating effects poverty has on children's development and academic 
achievement.
  One day I would hope that all children grow up in a neighborhood that 
provides support for their success from birth. This bill will help us 
take an important step towards this vision.
                                 ______
                                 
      By Mr. BOOZMAN (for himself, Mr. Graham, Mr. Risch, Mr. Coats, 
        Mr. Thune, and Mr. Johanns):
  S. 1005. A bill to provide for parental notification and intervention 
in the case of a minor seeking an abortion; to the Committee on the 
Judiciary.
  Mr. BOOZMAN. Mr. President, polls show nearly 80 percent of Americans 
agree parents should have the legal right to stop an abortion from 
being performed on their minor daughter. Many States such as Arkansas 
have enacted laws requiring parental notification, and these laws have 
proven very effective at the state level. Texas' teen abortion rate has 
dropped 25 percent since passage of its parental notification law in 
2000 and Virginia and South Dakota have had similar results since 
parental notification laws were passed more than 10 years ago. However 
without a Federal law parents in those States are not required to be 
notified when their daughters go out-of-state for an abortion. Also, 
judges exploit loopholes in state laws by granting ``judicial bypass'' 
so often times the law is not enforced. The Parental Notification and 
Intervention Act requires that parents be notified at least four days 
in advance of any abortion to be performed on their minor daughter and 
gives them power to stop an abortion from being performed. My 
colleagues Senators Graham, Risch, Coats, Thune, and Johanns join me in 
introducing this important legislation. I would also like to thank 
Representative Steve King for his support and leadership on the House 
companion version of the Parental Notification and Intervention Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1005

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Parental Notification and 
     Intervention Act of 2011''.

     SEC. 2. PARENTAL NOTIFICATION.

       (a) It shall be unlawful for any person or organization to 
     perform any abortion on an unemancipated minor under the age 
     of 18, to permit the facilities of the entity to be used to 
     perform any abortion on such a minor, or to assist in the 
     performance of any abortion on such a minor, if the person or 
     organization has failed to comply with the following 
     requirements:
       (1) Unless there is clear and convincing evidence of 
     physical abuse of the minor by a parent, written notification 
     has been provided to each parent of the minor, informing each 
     parent that an abortion has been requested for the minor.
       (2) There is compliance with a 96-hour waiting period after 
     notice has been received by, subject to paragraph (1), each 
     parent of the minor before the abortion may be performed.
       (3) In the case of an action brought by a parent of such 
     minor pursuant to section 3, with respect to the performance 
     of such abortion, the person or organization shall not 
     perform such abortion unless and until there is a final 
     judgement pursuant to such section that granting permanent 
     relief to enjoin the abortion would be unlawful.

[[Page 7336]]

       (b) Whoever violates the provisions of subsection (a) of 
     this section shall be fined not more than $1,000,000, or 
     imprisoned not more than 10 years, or both.
       (c) The provisions of this section shall not apply if, with 
     respect to an unemancipated minor for whom an abortion is 
     sought, a defense or affirmative defense exists which would 
     be applicable to other provisions of title 18, United States 
     Code. For purposes of the previous sentence, such a defense 
     or affirmative defense shall not apply unless a physician 
     other than the physician with principal responsibility for 
     making the decision to perform the abortion makes a 
     determination that--
       (1) a medical emergency exists in which an abortion on the 
     minor is necessary due to a grave, physical disorder or 
     disease of the minor that would, with reasonable medical 
     certainty, cause the death of the minor if an abortion is not 
     performed;
       (2) parental notification is not possible as a result of 
     the medical emergency; and
       (3) certifications regarding compliance with paragraphs (1) 
     and (2) of this subsection have been entered in the medical 
     records of the minor, together with the reasons upon which 
     the determinations are based, including a statement of 
     relevant clinical findings.
       (d) For purposes of this section, any parental notification 
     provided to comply with the provisions of subsection (a) 
     shall be provided through the manner described in paragraph 
     (1), or through the manner described in paragraph (2), as 
     follows:
       (1) The notification shall be provided through certified 
     mail in accordance with the following procedures:
       (A) The notification shall be addressed to the parent of 
     the unemancipated minor.
       (B) The address used shall be the dwelling or usual place 
     of abode of the parent.
       (C) Return receipt shall be requested.
       (D) Delivery shall be restricted to the parent.
       (2) The notification shall be delivered personally to the 
     parent.
       (e) For purposes of this section, the term ``parent'' 
     includes, but is not limited to, any legal guardian of the 
     child.

     SEC. 3. PARENTAL INTERVENTION.

       Any parent of a minor required to be notified pursuant to 
     section 2 may bring, in the district court of the United 
     States where the parent resides or where the unemancipated 
     minor is located, an action to bar the performance of an 
     abortion on such minor. The court shall issue an injunction 
     barring the performance of the abortion until the issue has 
     been adjudicated and the judgment is final. The court shall 
     issue relief permanently enjoining the abortion unless the 
     court determines that granting such relief would be unlawful.

     SEC. 4. EFFECTIVE DATE AND SEVERABILITY.

       (a) The provisions of this Act shall be severable. If any 
     provision of this Act, or any application thereof, is found 
     unconstitutional, that finding shall not affect any provision 
     or application of the Act not so adjudicated.
       (b) The provisions of this Act shall take effect 
     immediately upon enactment.

                          ____________________