Postal Civil Service Retirement System Funding Reform Act of 2003
Legislative Activity
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Became Public Law No: 108-18.
April 23, 2003
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Introduced in Senate
February 12, 2003
Sponsor introductory remarks on measure. (CR S2363-2364)
February 12, 2003
Read twice and referred to the Committee on Governmental Affairs. (text of measure as introduced: CR S2364-2365)
February 12, 2003
Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
March 5, 2003
Committee on Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. Without written report.
April 1, 2003
Placed on Senate Legislative Calendar under General Orders. Calendar No. 58.
April 1, 2003
Measure laid before Senate by unanimous consent. (consideration: CR S4726-4729; text of measure as reported in Senate: CR S4726-4728)
April 2, 2003
The committee substitute as amended agreed to by Unanimous Consent.
April 2, 2003
Passed Senate with an amendment by Unanimous Consent.
April 2, 2003
Message on Senate action sent to the House.
April 3, 2003
Received in the House.
April 3, 2003 • 10:01 AM
Held at the desk.
April 3, 2003 • 11:17 AM
Mr. Linder asked unanimous consent That it be in order at anytime without intervention of any point of order to consider in the House, S. 380; that the bill be considered as read for amendment; that the previous question be considered as ordered on the bill to final passage without intervening motion except for 1) one hour of debate; 2) a specified amendment by Mr. Waxman which, if offered, shall be considered as read, debatable for ten minutes, shall not be subject to amendment or demand for division of the question; and 3) one motion to recommit with or without instructions; and that following passage of S. 380, H.R. 735 shall be laid upon the table. Agreed to without objection. (consideration: CR H2836)
April 7, 2003 • 7:21 PM
Consideration initiated by a previous order of the House.
April 8, 2003 • 4:14 PM
Considered by a previous order of the House. (consideration: CR H2901-2909)
April 8, 2003 • 4:14 PM
DEBATE - The House proceeded with one hour of debate on S. 380.
April 8, 2003 • 4:14 PM
DEBATE - The House proceeded with ten minutes of debate on the Waxman amendment.
April 8, 2003 • 4:59 PM
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 424 - 0 (Roll no. 115).(text: CR H2902-2903)
April 8, 2003 • 5:22 PM
On passage Passed by the Yeas and Nays: 424 - 0 (Roll no. 115). (text: CR H2902-2903)
April 8, 2003 • 5:22 PM
Motion to reconsider laid on the table Agreed to without objection.
April 8, 2003 • 5:22 PM
A similar measure H.R. 735 was laid on the table without objection.
April 8, 2003 • 5:22 PM
By Senator Collins from Committee on Governmental Affairs filed written report. Report No. 108-35.
April 8, 2003
Presented to President.
April 11, 2003
Signed by President.
April 23, 2003
Became Public Law No: 108-18.
April 23, 2003
Voting History
1 vote recorded • Roll call available
Floor Debate
23 membersWhat members said about S. 380 on the floor
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Floor Debate
23 membersWhat members said about S. 380 on the floor
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 189 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 189 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentlewoman from New York (Ms. Slaughter), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for the purpose of debate only.
(Mr. HASTINGS of Washington asked and was given permission to revise and extend his remarks.)
Mr. Speaker, House Resolution 189 is a structured rule providing for the consideration of H.R. 6, the Energy Policy Act of 2003. The rule provides 1 hour and 30 minutes of general debate, with 30 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce, and three periods of 20 minutes each to be equally divided and controlled by the chairman and ranking minority members of the Committees on Science, Resources, and Ways and Means.
The rule waives all points of order against consideration of the bill, and makes in order only those amendments printed in the Committee on Rules report accompanying the resolution.
The rule further provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report, equally divided and controlled by a proponent and opponent, shall not be subject to amendment, and shall not be subject to a demand for a division in the House or in the Committee of the Whole.
Finally, the rule waives all points of order against the amendments printed in the report and provides one motion to recommit, with or without instructions.
Mr. Speaker, H.R. 6 is a critically important piece of legislation that will provide for security and diversity in America's energy supply while enhancing energy conservation and research and development. The bill we will consider shortly is a comprehensive measure combining key elements from four separate bills reported by the respective committees of jurisdiction.
The first section of the bill passed by the Committee on Energy and Commerce seeks to expand domestic energy sources while striking a balance between State and Federal regulation of the Nation's electrical power grid. This section of the bill would also increase the strategic petroleum reserve to 1 billion barrels and contains provisions for a renewable fuel standard that requires increased production in the use of ethanol.
The second section of the bill passed by the Committee on Science authorizes $31 billion for energy-related research and development programs, including funding for the President's hydrogen initiative and FreedomCar program, with the balance of the funding going to improvement of renewable energy, energy efficiency, clean coal technology, and nuclear programs.
The third section of the bill passed by the Committee on Resources includes a provision that would open the Alaskan National Wildlife Refuge, or ANWR, to much-needed oil exploration in a way designed to ensure maximum environmental protection of that significant national resource.
Finally, the section of H.R. 6 reported by the Committee on Ways and Means means energy tax provisions amounting to $18.7 billion that would incentivize access to inexpensive energy, bolster our national security by decreasing U.S. dependence on foreign oil, and promote conservation and the use of renewable sources of energy.
As a Member of Congress from the Pacific Northwest, I am particularly pleased, Mr. Speaker, that the authors of this legislation have concluded provisions I have long supported which would streamline the process of renewing permits for major hydroelectric facilities. Many of those projects are located in our part of the country and provide a sizeable share of our region's electrical power needs.
In closing, Mr. Speaker, let me say that the war in Iraq has once again highlighted the importance of ensuring America's energy independence. This bill is designed to do that in an environmentally responsible way. Accordingly, I urge my colleagues to support both the rule and the underlying bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am pleased to yield 5 minutes to the gentleman from Texas (Mr. Barton), chairman of the subcommittee that was dealing with the legislation that passed out of the Committee on Energy and Commerce.
Mr. Speaker, I yield 3 minutes to the gentleman from Illinois (Mr. Weller), a member of the Committee on Ways and Means.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Barton).
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, may I inquire how much time is left?
Mr. Speaker, I am pleased to yield as much time as he may consume to the gentleman from California (Mr. Dreier), the distinguished chairman of the Committee on Rules.
(Mr. DREIER asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume to reiterate that this is a very fair rule. Over two- thirds of the amendments made in order are either bipartisan or amendments from the Democrat side of the aisle.
I also would like to say, Mr. Speaker, that the war in Iraq, I think, has awakened America to a need that we have to be more energy independent. This bill, this comprehensive bill, I think, allows for that in a long-term planning way, and I think it does it in a very environmentally friendly way.
The material previously referred to by the gentlewoman from New York (Ms. Slaughter) is as follows:
Previous Question for H. Res. 189--H.R. 6, the Energy Policy Act of
2003
The following are the amendments made in order under the
rule:
Berkely #67 Division A. Requires the General Accounting
Office to conduct a study to provide accurate and real costs
of indemnifying those who would be harmed by a potential
nuclear plant accident or attack.
Berkley #71 Division A. Establishes a program to make loan
guarantees for qualifying businesses investing in renewable
energy solutions.
Blumenauer #53 Division D. Extends the Transportation
Fringe Benefit to commuters who carpool, bicycle, or used
car-sharing and equalize the transit benefit with the current
level offered to qualified parking plans. Allows up to $50
per month for carpoolers, bicyclists, or those using car-
sharing to commute to work. Increases the benefit available
to transit commuters to $190 per month, the same amount as
qualified parking plans.
Boucher #6 Division A. Strikes the provision of the bill
related to the Federal Energy Regulatory Commission (FERC)
transmission siting authority on private lands and would
thereby leave decisions regarding the location of new
transmission facilities with individual states.
Boucher #7 Division A. Strikes the provision of the bill
related to the Department of Energy (DOE) transmission siting
authority on federal lands and would thereby leave the
decisions regarding the location of new transmission
facilities with the federal entities responsible for managing
such lands (e.g. the Department of Interior, the Bureau of
Land Management, the U.S. Forest Service, etc.).
Capps #23 Division A. Adds four-year national phase-out
gasoline MTBE.
Capps #25 Division A. Strikes section 12401 relating to
appeals for LNG siting decisions, the Coastal Zone Management
Act, and the National Environmental Protection Act.
Carson #76 Division A. Strikes the ``Indiana Amendment''
from the Uniform Tie Act of 1966.
Costello/Calvert #8 Division B. Terminates the DOE's
authority to regulate itself with regard to nuclear and
worker safety at the Department's non-military energy
laboratories within two years of enactment. Transfers
regulatory authority to the Nuclear Regulatory Commission and
to the Occupational Safety and Health Administration (OSHA).
It is estimated that enacting the external regulation at the
labs would save DOE up to $41 million annually.
Davis (VA)/Waxman #60 Division A. Requires that a small
percentage of the energy used to power federal facilities
come from renewable energy and fuel cells. Beginning in 2005,
federal agencies would be required to obtain from these
sources 1.5% of the energy used across their facilities,
gradually rising to 7% in 2012 and beyond. Agencies could
meet these requirements either by generating energy on-site
or by purchasing renewable electricity generated off-site.
Agencies would receive extra credit for on-site renewable
energy generation that also contributes to national security.
Allows the Secretary of Energy to waive the requirements if
the agency is taking all practicable steps and the
requirements would pose an unacceptable burden. Permits
federal agencies to count acquisitions of future technology
vehicles, such as fuel efficient hybrid-electric or fuel cell
vehicles, against alternative fuel vehicle acquisition
targets.
DeFazio #11 Division A. Current law provides that the
Strategic Petroleum Reserve may be drawn down in the event of
a ``severe energy supply disruption,'' which results in ``a
major adverse impact on the national economy.'' The DeFazio
amendment would add ``or on a State or regional economy,''
after ``national economy.''
DeFazio #12 Division A. Adds ``anticompetitive conduct'' by
foreign countries, or producers, refiners, or marketers of
petroleum products, to the list of circumstances under which
the Strategic Petroleum Reserve may be drawn down.
DeFazio #13 Division A. Strikes the section of H.R. 6 that
repeals Public Utility Holding Company Act (PUHCA). PUHCA's
restrictions on ownership of utilities, the diversification
of business operations, accounting, and mergers, among other
provisions, are critical to protecting consumers from the
business decisions of energy conglomerates.
DeFazio #14 Division A. Strikes the section of H.R. 6
directing FERC to establish so-called ``incentive-based''
rates for building transmission.
DeFazio #15 Division A. Establishes an Office of Consumer
Advocacy at the Department of Justice to protect the
interests of residential and small business users of
electricity and natural gas in proceedings before FERC and
other federal entities.
DeFazio #16 Division A. Sets benchmarks for the
commencement of regional transmission organizations (RTOs) on
FERC findings that such RTOs would result in net benefits to
consumers in each affected state and minimize cost shifts
among consumers. Also requires that RTOs have adequate
transmission capacity and no chronic congestion prior to
start-up, effective market monitoring, and that existing load
service obligations are protected, among other criteria.
DeFazio #17 Division A. Prohibits market-based rates from
being considered ``just and reasonable'' under the Federal
Power Act if the rate raises above the cost-based rate that
would otherwise apply.
DeGette #22 Division A. Holds the legislative branch to the
same acquisition requirements as all other federal agencies
regarding energy-using products, systems, or designs that
meet or exceed the energy efficiency standards established by
the Energy Star program of the Environmental Protection
Agency and the Department of Energy.
Dingell/Boehlert #30 Division A. Substitute amendment for
the hydroelectric relicensing title of the bill, which is
identical to the version that passed the House last year.
Introduces flexibility into the licensing and re-licensing of
hydroelectric facilities by allowing any party to a licensing
proceeding to propose alternatives to the resource and
fishway prescriptions made by the resource agencies. The
Secretary must accept the alternative, so long as he or she
determines it provides the same level of protection for
resources, fish, and wildlife and either costs less to
implement or would result in more efficient operation of the
hydroelectric facility. Requires the resources agencies to
establish a process to expeditiously resolve any disputes
involving resource or fish and wildlife conditions. Strikes
the incentive payment program for hydro-power contained in
this title.
Green (TX) #33. Division A. Changes the ``hold harmless''
Low-Income Home Energy Assistance Program (LIHEAP) threshold
from $1.95 billion to $1 billion.
Hastings (FL) #69 Division C. Directs the Secretary of
Energy to take all necessary steps and efforts to mitigate
any adverse impacts that U.S. energy policy and the
provisions of H.R. 6 may have on minority, rural, Native
American, and underserved communities. Requires the Secretary
of Energy to submit to Congress an annual report detailing
the Department's efforts to implement this requirement.
Inslee-Holt-Spratt #74 Substitute. Strikes all after the
enacting clause. Sets Energy Performance Goals for the
country. Provides the tools needed to achieve the Energy
Performance Goals. These tools include innovative use of the
tax code, investment in R&D, and federal expenditures in
existing infrastructure needs. Requires the Administration to
set up a monitoring system to track progress towards the
Energy Performance Goals. Should measures be needed in
addition to the tools provided, the amendment directs the
President to initiate voluntary, regulatory, or other
actions that may be needed to achieve the Energy
Performance Goals. All expenses are offset by freezing the
upper income tax cuts scheduled for 2004, closure of the
offshore corporate tax loophole, and removal of abusive
tax shelters.
Kind #27 Division C. Strikes heading for Title II of
Division C and inserts ``(Outer Continental Shelf).''
Establishes a framework for permitting alternative-energy-
related uses on the Outer Continental Shelf not already
expressly covered by existing statutes. Assigns authority for
this program to the Department of Interior's Minerals
Management Service which, under existing law, administers
federal leasing and operations for oil, gas, and other
mineral activities on the Outer Continental Shelf. Specifies
the types of areas that should be avoided, such as marine
protected areas, and provides for more State and public input
throughout the process. Provides a mechanism for identifying,
in advance, appropriate sites for developing offshore wind
energy facilities that provide the greatest source of energy
with the least damage to the environment. Also provides a
process for soliciting competing proposals for renewable
energy facilities in the same locations and compensation to
the government for the value of the license.
Levin #72 Placeholder. Division A. Replaces the vehicle tax
incentives provisions in Section D, Title I, of H.R. 6 with a
modified version of the Clean, Efficient Automobiles
Resulting from Advanced Car Technologies Act of 2003 (CLEAR
Act). Expands the alternative vehicle tax incentives, covers
a broader array of advanced vehicle technologies, and
provides additional incentives for the purchase of
alternative vehicles.
Maloney #20 Division C. Strikes Section 30201, a section
that makes permanent the Interior Secretary's authority to
take royalties-in-kind (RIK) instead of cash payments from
leaseholders for oil and gas removed from federal and Indian
lands.
Nadler #59 Division A. Adds $30 billion to help purchase
and secure excess Russian plutonium and highly-enriched
uranium. Authorizes funding to purchase excess Russian
plutonium, convert Russian plutonium pits to oxide, and to
immobilize and irradiate up to 100 megatons of excess
plutonium. Provides for funding to purchase highly-enriched
uranium and to make improvements to the security of nuclear
material in Russia. Also provides funds to employ
knowledgeable nuclear personnel and to downsize facilities.
Oberstar #44 Division A. Strikes section 12403 relating to
the permanent exemption for construction activities
associated with oil and gas exploratory and production
operations from storm-water discharge requirements of the
Clean Water Act.
Rahall #3 Amendment in the Nature of a Substitute to
Division C. Title I--Alaska Natural Gas Pipeline Project;
Title II--Western Area Power Administration; Title III--
Energy Alternatives and Efficiency Regarding Federal Lands;
Title IV--Establishment of Indian Energy Programs; Title V--
Insular Areas Energy Security; Title VI--Sensible Development
of Renewable Energy Resources of the Outer Continental Shelf;
Title VII--Surface Owner Property Rights and Protection;
Title VIII--Royalty Fairness; Title IX--Reclamation of
Abandoned Coal Mine Sites; Title X--Land and Water
Conservation Fund Enhancement; and Title XI--Coastal
Withdrawals. This amendment is identical to the substitute
offered by Mr. Rahall to the Committee Print at the Resources
Committee's markup on April 2, 2003.
Rahall #5 Division D. Strikes Section 42011 of Division D,
relating to the prepayment of premium liability for coal
industry health benefits.
Sandlin #75 Replaces the tax division of H.R. 6 and
replaces it with the text of H.R. 1436, the Energy
Independence and Security Act. Additionally, the
Sandlin amendment would offset the cost of the energy tax
incentives contained within the amendment by freezing the
cut in the highest marginal tax rate.
Stupak #47 Division C. Prohibits any new drilling to
extract oil or gas reserves from any bottomlands of the Great
Lakes under federal jurisdiction.
Sessions/Hall #34 Division A. Establishes a process to
identify and implement actions the federal government can
take that will ensure, to the maximum extent practicable, the
production of domestic natural gas supplies sufficient to
provide residential consumers with natural gas at reasonable
and stable prices; provide industrial, manufacturing, and
commercial consumers with natural gas at prices that do not
result in plant closures and job losses; facilitate the
attainment of national amient air quality standards under the
Clean Air Act; allow for reductions in greenhouse gas
emissions; and to support development of the preliminary
phases of hydrogen-based energy sectors. States the goal of
the United States should
be to produce from domestic natural gas reserves at least 85%
of the annual projected domestic demand for natural gas.
Solis #29 Division A. Amends Section 12201 on hydraulic
fracturing by striking the current section and inserting
language that requires: a completed EPA hydraulic fracturing
study and independent scientific review by the National
Academy of Science; a regulatory determination by the
Administration of the EPA; preservation of federal authority
to respond in the future where endangerment or adverse health
effects are established. Citizens would be precluded from
filing lawsuits to force states to regulate under the Safe
Drinking Water Act.
Udall (CO) #31 Division C. Provides for grants of up to $20
per ton to enable operators of biomass facilities to purchase
brush, small trees, and other material removed from forests
in order to reduce the risk of forest fires. Allows the grant
money to be used only to purchase material removed from
forest lands near communities.
Udall (CO) #32 Division C. Requires companies developing
onshore federally-owned oil or gas to: replace any damaged
water supplies; assure any water injected underground does
not damage an aquifer; comply with all federal and state laws
applicable to water not injected underground; submit a
proposed water-management plan with the application for an
oil or gas lease.
Udall (NM) #39 Division A. Requires retail electricity
suppliers (except for municipal and cooperative utilities)
obtain 15% of their power production from a portfolio of
renewable energy resources by 2020, increasing to 20% by
2025.
Udall (NM) #41 Division C. Requires the creation of surface
use agreements between private landowners, ranchers and
farmers, and the oil and gas industry prior to any
development of subsurface mineral rights owned by the federal
government.
Velazquez #28 Division A. Prevents a disproportionate share
of power plants from being sited in low-income and minority
communities. Gives citizens greater influence over the
permitting and siting process.
Waxman #35 Division A. Sense of Congress that summarizes
the current scientific understanding of climate change, its
potential effects, and the position of the United States
regarding climate change. States that it is the sense of
Congress that the United States should demonstrate
international leadership and responsibility in addressing
climate change.
Waxman #36 Division A. Requires the Administration to take
voluntary, regulatory, and other actions to reduce oil demand
in the United States by 600,000 barrels per day from
projected levels by 2010. Does not per se mandate changes to
C.A.F.E. standards.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
Mr. President, I rise today with my colleague, the distinguished senior Senator from Idaho, Senator Craig, to introduce the Rural Four-Lane Highway Safety and Development Act of 2003. We are pleased…
Mr. President, I rise today with my colleague, the distinguished senior Senator from Idaho, Senator Craig, to introduce the Rural Four-Lane Highway Safety and Development Act of 2003. We are pleased to be joined by Senators Lincoln and Cochran in sponsoring the bill.
The purpose of this bipartisan legislation is to ensure that States have the resources they need to upgrade major two-lane roads across the Nation to high-quality four-lane divided highways. The goals of this bill are to improve the safety of our most dangerous highways and to stimulate economic development in rural areas.
I think most Senators would agree that the Dwight D. Eisenhower National System of Interstate and Defense Highways is one of the transportation marvels of the 20th century. The system's 46,000 miles of divided highways interconnect virtually every major urban area in the Nation. The system represents one of the most efficient and safest highway systems in the world.
Unfortunately, when the Interstate System was planned, it left many rural communities and smaller urban areas without direct links to the high-quality transportation network that the interstate highways provide. Many of these smaller and rural communities continue to suffer economically because of the lack of high-quality four-lane highways.
To address this issue, in 1995 Congress developed the concept of a National Highway System as a way of extending the benefits of an efficient highway network to all areas of the country. Congress designated the National Highway System to help focus Federal resources on the Nation's most important roads.
Today there are about 160,000 miles on the National Highway System, including all of the interstate highways and all other routes that are important to the Nation's economy, defense, and general mobility. The NHS comprises only 4 percent of the Nation's roads, but carries more than 40 percent of all highway traffic, 75 percent of heavy truck traffic and 90 percent of tourist traffic.
The NHS reaches nearly every part of the Nation. According to the Federal Highway Administration, about 90 percent of America's population lives within 5 miles of an NHS route. All urban areas with a population of more than 50,000, and 93 percent with a population of between 5,000 and 50,000, are within 5 miles of the NHS. Counties with NHS highways have 99 percent of
all jobs, including 99 percent of all manufacturing jobs, 97 percent of mining jobs, and 93 percent of agricultural jobs.
The NHS is the critical transportation link for most of our Nation's rural areas. The Federal Highway Administration estimates that, of the 160,000 miles now on the National Highway System, fully 75 percent, or 119,000 miles, are in rural areas. Of the 1.2 trillion total vehicle miles traveled in 2000 on NHS roads, about 60 percent were in rural areas.
I hope all Senators will agree that improving highway safety should be our top priority. When it comes to highway safety, the fact is that travel on four-lane roads is safer than two-lane roads. This is especially true in rural areas. According to the Bureau of Transportation Statistics, in 1998 the rate of traffic fatalities on all rural roads was 2.39 per 100-million vehicle miles; however, the rate on rural interstate highways was half as high--only 1.23 per 100 million vehicle-miles.
The reason for the lower fatality rate on rural interstate highways should be obvious. When a road has only one lane in each direction, trucks and other slow-moving vehicles increase the hazard of passing. Vehicles turning on or off a two-lane road can also increase risk. A divided four-lane highway greatly reduces these perils.
Of the 119,000 miles of rural NHS roads, about 33,000 miles are interstates and another 28,000 miles have been upgraded to four or more lanes. The remaining 58,000 miles--more than half of this rural highway network--are still only two-lane roads with no central divider. These are the most dangerous roads on the National Highway System.
In my State of New Mexico, we have made some progress toward upgrading our rural two-lane highways to four lanes. In recent years, US550 from Bernalillo to Bloomfield, US285 from Interstate 40 to Carlsbad, and a key segment of US54 from El Paso to Alamogordo have been widened to four lanes. In addition, upgrading of US70 from Las Cruces to Clovis is nearly completed. But much more remains to be done.
New Mexico has 2,647 miles of rural roads in the NHS. Eight hundred and ninety-two of these NHS miles are interstates. Of the balance of New Mexico's NHS highways, 1,755 miles are in the rural parts of my State, especially Chaves, Colfax, Eddy, Lincoln, Guadalupe, Otero, Quay, San Juan, and Union Counties. And almost 70 percent--1,217 miles--of New Mexico's rural NHS highways remain only two-lane roads. These two-lane roads are major transportation routes with heavy truck and commercial traffic. In 2000, a total of 10.3 billion vehicle miles were traveled on New Mexico's NHS highways, and about one quarter, or 2.7 billion miles, were traveled on these rural NHS roads.
Unfortunately, there are only very limited funds available to upgrade the most important two-lane rural NHS roads to four-lane highways. According to a recent GAO study, over two-thirds of all Federal highway funding between 1992 and 2000 has gone either to roads in urban areas or to interstate highways. Consequently, there is a continuing shortfall in Federal highway funding needed to upgrade the most important rural two-lane roads. Our bill will help address the shortfall so that more rural segments of the NHS can be improved to four-lane divided highways.
As in many States, New Mexico's rural counties strongly believe their economic future depends on access to safe and efficient four-lane highways. Basic transportation infrastructure is one of the critical elements for companies choosing where to locate. Truck drivers and the traveling public prefer the safety and efficiency of a four-lane divided highway.
Thus one of the top priorities for rural cities and counties in my State is to complete the four-lane upgrade of such key routes as US54 from Tularosa to Nara Visa, US62/180 from Carlsbad to the Texas state line, US64/87 from Clayton to Raton, and US666 from north of Gallup to Shiprock. These two-lane rural routes in New Mexico not only bear some of the State's heaviest truck and automobile traffic, but also are some of the State's most dangerous roads. In fact, US666 is considered one of the most dangerous two-lane highways in the Nation.
New Mexico is not alone among western states in needing to upgrade two-lane roads on the National Highway System. For example, Texas has almost 3,500 miles of rural two-lane NHS roads. Montana has 2,469 miles, Kansas has 2,293, Nebraska 1,964, Wyoming 1,924, Minnesota 1,897, and Missouri 1,853 miles.
In the East, where States are smaller, many NHS routes remain only two lanes. In Vermont, 78 percent of rural NHS roads are only two lanes, in New Hampshire it's 84 percent and 99 percent in Maine.
I do believe it is time Congress took action to improve the safety of travelers on the highest priority rural two-lane roads. Last year, I secured nearly $1 million in Federal funding to begin the upgrade of US64/87 between Clayton and Raton, which is part of the Ports-to-Plains High Priority Corridor on the National Highway System.
In addition, last week Senator Roberts and I introduced S. 290, which designates U.S. Highway 54 from El Paso, Texas, through New Mexico, Texas, and Oklahoma to Wichita, Kansas, as the SPIRIT High Priority Corridor. Our bipartisan bill has four cosponsors. A high-priority corridor designation provides no additional Federal funding, but helps focus attention on the need to upgrade the nation's major two-lane routes.
The purpose of the bill we are introducing today, the Rural Four-Lane Highway Safety and Development Act of 2003, is to provide direct Federal funding to States to upgrade existing two-lane roads in rural areas to safe and efficient four-lane divided highways. The States would determine which two-lane roads they wanted to upgrade. To be eligible for funding, the highway must be on the National Highway System or a congressionally designated High Priority Corridor. Our bill gives funding priority to upgrading the most dangerous two-lane highways, routes most affected by increased traffic as a result of NAFTA, highways that have high levels of commercial traffic, and projects that will help stimulate regional economic growth. Total funding for six years is $1.8 billion from the highway trust fund.
My State bears a substantial burden in the maintenance and upgrading of its portion of critical national highways. New Mexico has 3.3 percent of the Nation's land area, but only 6 tenths of one percent of the population. We have 2.2 percent of all of the interstate highway miles and 1.7 percent of all other NHS miles. At the same time, as a border State, New Mexico is common route for trucks crossing the border with Mexico and heading to or coming from the east and west coasts. It is likely that the upgrading to four lanes of the most important NHS highways in New Mexico might not occur without the supplemental funding provided in my bill.
I continue to believe strongly in the important role of highway infrastructure to economic development. Even in this age of the so- called ``new'' economy and high-speed digital communications, roads continue to link our communities together and to carry the commercial goods and products our citizens need. Safe and efficient highways are especially important to citizens in the rural parts of our country.
I recognize that the funding level in this bill is inadequate to upgrade all of the remaining two-lane routes on the NHS in the next six years. Upgrading an existing two-lane road to a full four-lane divided highway can cost upward of one million dollars per mile.
Moreover, some of the existing two-lane roads probably don't have sufficient traffic to justify upgrading at this time. In addition, some two-lane NHS routes pass through scenic areas where it may not be appropriate to upgrade to four lanes. However, I do believe the funding in this bill will take us a long way toward ensuring the most critical projects are completed in the next six years.
This year Congress will take up the reauthorization of the comprehensive six-year transportation bill, TEA-21. We are introducing this bipartisan bill today to help ensure that the issue of the safety of rural two-lane NHS routes receives the attention it deserves as the debate on reauthorization begins. I look forward to working with the chairman of the Environment and Public Works Committee, Senator Inhofe, and Senator Jeffords, the ranking member, as well as Senators Bond and
Reid of the Transportation, Infrastructure and Nuclear Safety Subcommittee, to find a way to ensure additional federal resources are in place to hasten the work of upgrading rural two-lane NHS roads to safe, efficient four-lane divided highways.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, the legislation I am introducing today with Senators Thomas, Lincoln, and Johnson entitled ``The Medicare Incentive Payment Program Improvement Act of 2003'' is designed to improve the flow of needed bonus payments to physicians serving Medicare patients in Health Professions Shortage Areas, HPSA.
The Medicare Incentive Payment Program, MIPP, created by the Omnibus Budget Reconciliation Act of 1987, was meant to assist physicians in defraying the higher costs and burdens of serving Medicare patients in shortage areas. Rural areas are know to suffer from physician shortages, both primary care and specialty physicians. In fact, even though 20 percent of America lives in a rural area, less than 11 percent of physicians in the U.S., practice in rural areas.
In my own State, the ongoing loss of physicians from underserved areas has affected both primary care and in particular, specialty services. In many areas, the shortage of specialists exceeds that of the primary care physicians. The New Mexico Health Policy Commission reported in its year 2000 report that 22 percent of residents in Los Alamos and Santa Fe were unable to receive needed specialist care.
While the national ratio of physicians per population is 198 doctors per 100,000 persons, New Mexico ranks 33rd in the country with only 170 physicians per 100,000 population. We are not in a position to ``grow our own doctors'' either as New Mexico ranks 37th among the 46 States with medical schools in graduating physicians per capita.
New Mexico, like many other States with large numbers health profession shortage areas, or HPSAs, must rely on its ability to recruit and retain physicians in underserved areas to meet the health care needs of its citizens. It was the original intent of the MIPP to do this, by allowing for physicians in underserved areas to receive an additional 10 percent add-on in payments for services rendered. These 10 percent ``bonuses'' are meant to be an essential component in our ongoing effort to ensure Medicare beneficiaries access to medical services, particularly in underserved areas.
Unfortunately, the Medicare Incentive Payment Program has fared poorly, with few providers choosing to receive the payments. In fact, the total annual physician payments have never exceeded $100 million, because of a series of disincentives in the legislation.
The program requires a provider to do a number of things to obtain the bonus payments. First, providers must be aware that MIPP payments are available to them. Many providers are unaware of the program's existence. Next, physicians must find out if the patient's medical care occurred in a shortage area. Following this, a unique code must be attached to the Medicare claim, which is then forwarded to the carrier. Finally, after all these steps, providers are subjected to automatic Medicare audits, just for applying for the very payments for which they are eligible.
Providers committed to serving Medicare patients in underserved areas deserve the support assured by the original legislation's intent.
The Medicare Incentive Payment Improvement Act of 2003 addresses and improves shortcomings in the original legislation by: Placing the burden for determining the bonus eligibility on the Medicare carrier. Eliminating automatic provider audits. Directing the Center for Medicare and Medicaid Services to establish a Medicare Incentive Payment Program Educational Program for Providers. Establishing an ongoing analysis of the programs, ability to improve Medicare beneficiaries' access to physician services. Continue to provide the original 10 percent add-on bonus for Part B physician payments in Health Provider Shortage Areas.
Medicare carriers are the logical arbiters to determine whether physician services occurred in a shortage area. Physicians, already overworked, lack sufficient time, resources and training to research and determine whether a service was provided in a HPSA. By placing the responsibility on carriers, with their sophisticated information systems, the physician's administrative burdens will be reduced.
The automatic audits triggered by this program, which are costly, time intensive, and unwarranted, will be lifted under our legislation. By placing the responsibility on carriers to determine payment eligibility the need for provider audits is eliminated.
While the MIPP program is intended to improve beneficiaries' access to physician services, there is no measure of the program's effect on physician availability. The legislation offered today directs CMS to perform an ongoing analysis as to whether these payments actually do improve beneficiaries' access to physician services.
I believe these improvements, in addition to others listed above, will greatly improve patient's access to care.
The following organizations have expressed support for this legislation: American College of Physicians/American Society of Internal Medicine, and the National Rural Health Association.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to introduce the ``Listing and Delisting Reform Act of 2003.'' The Endangered Species Act has become one of the best examples of good intentions gone astray. Today, I am…
Mr. President, I rise today to introduce the ``Listing and Delisting Reform Act of 2003.'' The Endangered Species Act has become one of the best examples of good intentions gone astray. Today, I am taking one small step toward injecting some common sense into what has become a regulatory nightmare. It is my intention to start making the law more effective for local landowners, public land managers, communities and State governments who truly hold the key to any successful effort to conserve species. My legislation seeks to improve the listing, recovery planning and delisting processes so that recovery, the goal of the act, is easier to achieve.
In Wyoming, we have seen first hand the need to revise the listing and delisting processes of the Endangered Species Act. Listing should be a purely scientific decision. Listing should be based on credible data that has been peer-reviewed. In 1998, the Preble's Meadow Jumping Mouse was listed in the State of Wyoming. The listing process for this mouse demonstrates how the system has gone haywire, devoid of good science. One of the more significant shortcomings regarding the handling of the Preble Mouse has been the confusion between the ``known range'' as opposed to the alleged ``historical range'' of the mouse. Historical data and current knowledge do not support the high, short- grass, semi-arid plains of southeastern Wyoming as part of the mouse's historical habitat range. The U.S. Fish and Wildlife Service has even admitted to uncertainties regarding taxonomic distinctions and ranges. further, the State was not properly notified causing counties, commissioners, and landowners all to be caught off guard. Such poor practices do not foster the types of partnerships that are required if meaningful species conservation is to occur. Clearly, changes to the Endangered Species Act are desperately needed.
Not far behind the mouse in Wyoming, was the black tailed prairie dog. Petitions to list the prairie dog were filed with the U.S. Fish and Wildlife Service. I've lived in Wyoming most of my life, and I've logged a lot of miles on the roads and highways in my State over the years. I can tell you from experience that there is no shortage of prairie dogs in Wyoming. Any farmer or rancher will concur with that opinion. This petition, and countless other actions throughout the country, makes it painfully clear that some folks are intent on completely eliminating activity on public lands, no matter what the cost to individuals or local communities that rely on the land for economic survival.
My legislation will require the Secretary of the Interior to use scientific
or commercial data that is empirical, field tested and peer-reviewed. Right now, it's basically a ``postage stamp'' petition: any person who wants to start a listing process may petition a species with little or no scientific support. This legislation prevents this absurd practice by establishing minimum requirements for a listing petition that includes an analysis of the status of the species, its range, population trends and threats. The petition must also be peer reviewed. In order to list a species, the Secretary must determine if sufficient biological information exists in the petition to support a recovery plan. Under my proposal, States are made active participants in the process and the general public is provided a more substantial role.
This legislation requires explicit planning and forethought with regard to conservation and recovery at the time the species is listed. Let me be clear about the intent of this requirement. I do not question the basic premise that some species require the protection of the Endangered Species Act. However, listing a species can cause hardship on a community. For that reason, it is critically important and only reasonable that every listing be supported by sound science. We should be sure of the need for a listing before we ask the members of our communities and private landowners to make sacrifices.
In Wyoming, I have found that with several listings, the Secretary of the Interior was unable to tell me what measures were required to achieve species recovery. The Secretary could not tell me what acts or omissions we could expect to face as a consequence of listing. How can this be, if the Secretary is fully apprized of the status of the species? Conversely, if the Secretary cannot clearly describe how to reverse threatening acts to a species so that we can achieve recovery, how can we be sure that the species is, in fact, threatened?
This ambiguity has caused much undue frustration to the people of Wyoming. If the Secretary believes that certain farming or ranching practices, or a private citizen's development of their own property is the cause for a listing, then the Secretary should identify those activities that have to be curtailed or changed. If the Secretary does not have enough information to indicate what activities should be restricted, then why list a species? Why open producers and others to the burden of over-zealous enforcement and even litigation without being able to achieve the goal of recovering the species?
This legislation is ultimately designed to improve the quality of information used to support a listing. If the Secretary knows enough to list a species, that person should know enough to tell us what will be required for recovery. That should be the case under current law, and that is all that this provision would require.
Additionally, we need to revise the end of the process, the de- listing procedure. Recovery should be the goal of the Endangered Species Act. Yet, it is virtually impossible to de-list a species. There is no certainty in the process, and the State who has all the responsibility for managing the species once it is off the list are not true partners in that process. Once the recovery plan is met, the species should be de-listed.
Wyoming's experience with the Grizzly bear pinpoints some of the problems with the current de-listing process. The Interagency Grizzly Bear Committee set criteria for recovery and in the Yellowstone ecosystem, those targets have been met, but the bear has still not been removed from the list. We've been battling the U.S. Fish and Wildlife Service for years over this issue to no avail. Despite rebounded populations, we keep funneling money down a black hole.
The point is something needs to be done. People in Wyoming have grown weary of the Endangered Species Act and the efforts of a vocal minority to run roughshod over their lives and interests. It is imperative to the longevity of many species and our citizens in the West that we bring this Act to the snubbing post and gain control of the process. The changes I've suggested will have a significant affect on the quality of science, public participation, state involvement, speed in recovery and finally the delisting of a species. Species that truly need protection will be protected, but let's not lose sight of the real goal--recovery and delisting.
Mr. President, I rise today to introduce the ``State and Local Government Participation Act of 2003'' which would amend the National Environmental Policy Act, NEPA. This bill is designed to guarantee that Federal agencies identify State, county and local governments as cooperating agencies when fulfilling their environmental planning responsibilities under NEPA.
NEPA was designed to ensure that the environmental impacts of a proposed Federal action are considered and minimized by the federal agency taking that action. It was supposed to provide for adequate public participation in the decision making process on these Federal activities and document an agency's final conclusions with respect to the proposed action.
Although this sounds simple and quite reasonable, NEPA has become a real problem in Wyoming and many States throughout the Nation. A statute that was supposed to provide for additional public input in the federal land management process has instead become an unworkable and cumbersome law. Instead of clarifying and expediting the public planning process on Federal lands. NEPA now serves to delay action and shut-out local governments that depend on the proper use of these Federal lands for their existence.
The ``State and Local Government Participation Act'' is designed to provide for greater input from State and local governments in the NEPA process. This measure would simply guarantee that State, county and local agencies be identified as cooperating entities when preparing land management plans under NEPA. Although the law already provides for voluntary inclusion of state and local entities in the planning process, too often, the federal agencies choose to ignore local governments when preparing planning documents under NEPA. Unfortunately, many Federal agencies have become so engrossed in examining every environmental aspect of a proposed action on Federal land, they have forgotten to consult with the folks who actually live near and depend on these areas for their economic survival.
States and local communities must be consulted and included when proposed actions are being taken on Federal lands in their State. Too often, Federal land managers are more concerned about the comments of environmental organizations located in Washington, DC or New York City than the people who actually live in the State where the proposed action will take place. This is wrong. The concerns, comments and input of state and local communities are vital for the proper management of federal lands in the West. The ``State and Local Government Participation Act of 2003'' will begin to address this troubling problem and guarantee that local folks will be involved in proposed decision that will affect their lives.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I am proud to re-introduce a bill that reauthorizes the landmark welfare reform legislation passed in 1996. It is basically the same bill as I introduced in the last Congress and it is…
Mr. President, I am proud to re-introduce a bill that reauthorizes the landmark welfare reform legislation passed in 1996. It is basically the same bill as I introduced in the last Congress and it is designed to allow States to continue the important work to promote work and personal responsibility. This reauthorization bill is designed to allow States to continue to provide the flexible initiatives that have reduced national welfare caseloads by over 50 percent and moved millions of Americans from welfare to work.
Welfare reform was a bold experiment to dramatically change a major social program. In 1996, Congress ended the entitlement of eligible families with children to cash aid. The results five years later are impressive. Over two-thirds of the people who are leaving the welfare rolls have left for work.
Seven years ago, we agreed that the bipartisan goal of welfare reform should be to promote work and to protect children. We stood here together,
on unchartered ground, and endorsed significant policy changes that we believed would help families gain independence and economic self- sufficiency, while protecting the children. States began to revise welfare service delivery with guidance based on the new reforms. Each State designed and implemented programs that were unique and specific to their populations. While the results have been mixed, I believe that encouraging progress has been made. The challenge this year will be to continue to build on our foundation, and be sensitive to the current economic situation and the fiscal crisis States face today.
When we started welfare reform, we had a strong economy. Now, States are struggling and most of their reserves are gone. I believe we can continue the progress of welfare reform, but I strongly believe we must provide the key investments that help welfare parents make a successful transition from welfare to work, including increasing child care funding.
In West Virginia, welfare reform has brought bold changes. Parents on welfare get extra support as they face new responsibilities and obligations to make the transition from welfare to jobs. In 2001, I hosted a roundtable discussion to meet with individual West Virginians who were undergoing major life transitions. They told me that they were proud to be working, but that it was often still a struggle to make ends meet and do the best for their children. The goal of this legislation is to help those parents, and millions more, to promote the well-being of their children, even as they work.
Today, I am introducing the Personal Responsibility and Work Opportunity Reconciliation Act Amendments of 2003. States need help to continue making progress. We should continue to build on this foundation, and not reduce state flexibility. It is essential that we continue welfare reform, not unravel it, or restructure it.
This bill acknowledges that we must keep the focus on work, by both requiring and rewarding work. To ensure a real focus on helping parents leave welfare rolls for a job, this legislation gradually replaces the caseload reduction credit with an employment credit, designed by Senator Lincoln of Arkansas and Congressman Levin of Michigan. Under this important provision, States will only get a bonus toward their work participation requirement if parents move from welfare to a job. This credit will acknowledge the dignity of all work by providing a bonus for parents who get jobs, both full and part-time. A mother who has never worked in her life and then gets a part-time job has achieved a true accomplishment, and that deserves recognition. It is also the first step toward independence. It is an empowering approach to promoting work and sends the proper message to families who are striving to become self sufficient. I am pleased to incorporate their proposal into my bill, and I look forward to working with them closely throughout the welfare debates during this Congress to develop an employment credit that truly rewards work.
At this point, with a soft economy, I believe it is unwise to significantly change State TANF programs to impose drastically higher work participation rates requiring 40 hours per week of work and activities. Such changes, as suggested by the Administration, would double the work requirement for mothers with children under the age of 6, and that does not seem right. Increasing work requirement without new funding for child care, transportation, and job placement activities would be, plain and simple, an unfunded mandate. It could hinder state efforts to move parents into private sector jobs. It could undermine our progress.
State officials have testified before the Finance Committee that such changes would force states to restructure existing programs that are working and turn their focus away from those who need some assistance with child care or transportation, but are no longer dependent on a welfare check. We should not cut back on necessary child care and work supports for working families who are following the rules we set in 1996.
This comprehensive welfare reform bill makes the right investments. It invests $5.5 billion more in child care, which is the amount supported by the Finance Committee in a bipartisan vote last June.
This bill also increases funding for the basic TANF block grant by $2.5 billion because of state need. It provides full funding for the Social Services at $2.8 billion, which was promised to the states in 1996. My bill also would expand and increase the supplemental grants to help the states with high growth and high poverty deal with the challenges of welfare reform. With these new investments, states will be able to increase investment in the fundamental work supports like child care, transportation, and training, that help a parent succeed in moving from welfare to work. States would have flexibility in allocating the new resources, but I believe much of the funding can and will be directed into child care, which is a major priority.
This bill would continue the transitional Medicaid program so families can keep health care coverage for a year as they move from welfare to work. In 1996, I was proud to work with Senator Breaux and the late Senator John Chafee to protect access to health care for such vulnerable families. I have incorporated Senator Breaux's bipartisan bill to continue transitional Medicaid coverage, and I appreciate his leadership on this and other key issues. Our bill also gives states more flexibility and options to place parents in vocational training and English as a Second Language programs, so parents can get real jobs. In recognition of Maine's success with the Parents as Scholar program, States have the option to follow the Maine model for 5 percent of their caseload to combine work and education.
The bill also invests $200 million to create BusinessLink Grants, competitive grants to support public and private partnerships to help parents get jobs. The Welfare-to-Work Partnership is just one example of how nonprofits working with business leaders can make a real difference. The Partnership includes over 20,000 businesses that have provided more than 1 million jobs to parents moving from welfare to work. I have met with the board members of this group, and we should encourage such partnerships. I know that other groups, like the Salvation Army and Good Will, are doing important work on providing transitional job opportunities, and these organizations would be eligible for grants as well.
A job is the first step, but for welfare parents to make a successful transition to independence, they need a range of supports. To achieve this goal, the bill will create Pathways to Self-Sufficiency Grants to improve the support network for parents. These grants are intended to provide incentives and support to TANF caseworkers and nonprofit organizations to help improve the comprehensive network of supports for working families, including Medicaid, CHIP, child care, EITC, and a range of services. Working mothers deserve to know what type of support will be available so that they do not slip back into welfare.
Work is fundamental, but we also need to be concerned about important aspects of the lives of families and children. This legislation creates a Family Formation Fund to encourage healthy families, reduce teenage pregnancy, and improve child support and participation of parents in children's lives. The bill seeks to end certain discrimination and harsh rules for two-parent families in the current system. If our goal is to support marriage, we should not penalize married couples.
Our legislation also makes a simple, but important change. Under the current TANF program, each welfare parent has an Individual Responsibility Plan that serves as an assessment and work plan. In addition to having a responsibility to work, parents have a responsibility to protect their children's well-being. To emphasize this fundamental point, this bill adds language directing states to incorporate the concept of a child's well-being into each parent's Individual Responsibility Plan. States have great flexibility, but it is important to send a clear message that one of a parent's responsibilities is the well-being of their children.
This legislation builds on the foundation of the 1996 Personal Responsibility and Work Opportunity Reconciliation Act. My hope is that this framework will help promote bipartisan discussion about how we can make even more improvements in our welfare system,
while maintaining our partnership with the States, particularly at this time of severe fiscal problems in our States.
Mr. President, I am pleased to join Senator Jeffords in introducing the Clean Power Act of 2003. This bill will remove the loophole that has allowed the dirtiest, most polluting power plants in the…
Mr. President, I am pleased to join Senator Jeffords in introducing the Clean Power Act of 2003. This bill will remove the loophole that has allowed the dirtiest, most polluting power plants in the Nation to escape significant pollution controls for more than 30 years.
Maine is one of the most beautiful and pristine States in the Nation. It is also one of the most environmentally responsible States in the Nation. Maine has fewer emissions of the pollutants that cause smog and acid rain than all but a handful of states. Maine also has one of the lowest emissions of carbon dioxide nationwide.
Unfortunately, despite the collective environmental consciousness of both the citizens and industries of Maine, Maine still suffers from air pollution. Every lake, river, and stream in Maine is subject to a state mercury advisory that warns pregnant women and young children to limit consumption of fish caught in those waters. Even Acadia National Park, one of the most beautiful national parks in the Nation, experiences days in which visibility is obscured by smog.
Where does all this pollution come from? A large part of it comes from a relatively small number of mostly coal-fired power plants that use loopholes to escape the provisions of the Clean Air Act. Coal-fired power plants are the single largest source of air pollution, mercury contamination, and greenhouse gas emissions in the nation. A single coal-fired power plant can emit more of the pollutants that cause smog and acid rain than all of the cars, factories, and businesses in Maine combined.
As the easternmost State in the Nation, Maine is downwind of almost all power plants in the United States. Many of the pollutants emitted by these power plants--mercury, sulfur dioxide, nitrogen oxides, and carbon dioxide--end up in or over Maine. Airborne mercury falls into our lakes and
streams, contaminating freshwater fish and threatening our people's health. Carbon dioxide is causing climate change that threatens to alter Maine's delicate ecological balance. Sulfur dioxide and nitrogen oxides come to Maine in the form of acid rain and smog that damage the health of our people and the health of our environment.
A single power plant can emit nearly a ton of mercury in a single year. That's equivalent to incinerating over 1 million mercury thermometers and is enough to contaminate millions of acres of freshwater lakes. In contrast, Maine has zero power plant emissions of mercury. This bill would reduce mercury emissions from power plants by 90 percent by 2009.
I am pleased that there has been so much recognition recently of the problems that so many States are facing on clean air. President Bush has proposed a ``Clear Skies'' initiative that will reduce emissions of mercury, sulfur dioxide, and nitrogen oxides. Last year, Senators Carper, Chafee, Breaux, and Baucus also introduced legislation that would reduce these pollutants, as well as carbon dioxide.
There are important differences between these proposals. The Jeffords/Collins bill does more to reduce smog, acid rain, mercury pollution, and global warming than any other bill. Our bill provides more public health and environmental benefits than any other serious proposal, and it provides the benefits sooner. However, any step which reduces air pollution is a step in the right direction. Our parks and our people have waited far too long for clean air.
I think virtually everyone agrees that we need to reduce power plant pollution. I look forward to working with the Administration and my colleagues on both sides of the aisle to provide cleaner air.
Mr. President, today, I rise to offer to the Senate some good news for our mailers and, indeed, anyone who uses the United States Postal Service. The USPS, which has been losing significant amounts of money in recent years despite repeated increases in postage rates, has determined that its finances are in better order than previously thought. If Congress acts expeditiously on legislation that I am introducing today along with my colleague, Senator Carper, the Postal Service will avoid an imminent rate hike.
In recent years, the United States Postal Service has been raising postal rates at a rapid pace. When the USPS last raised rates in 2002, it was the third such rate increase during an 18-month period. Such steep, irregular rate increases make it very difficult for businesses to plan for their postal costs. This is a particular problem for
catalog companies and magazine publishers, which set their prices in advance based on assumptions about postal rates. Mailing costs for some smaller catalog businesses, I am told, now can exceed production costs.
In so many ways, postage rate increases have a significant economic impact. As rates increase, so do the costs Americans bear to send letters, mail packages, and pay their bills. Rate increases also raise the cost of goods, which, of course, reflect not only the cost to ship but also the cost to advertise by mail.
But rate increases reflect the price of maintaining an ever-expanding postal network and the infrastructure to sustain it. Each year, the Postal Service adds 1.7 million new addresses. This equates to 4,800 new letter carriers making deliveries to over 513 million new delivery stops each year, all while maintaining one of the lowest first-class letter rates in the world.
In addition to providing a critical service to individual postal patrons, the Postal Service is a powerful economic engine. The USPS is the eleventh largest enterprise in the Nation with $66 billion in annual revenue, more than Microsoft, McDonald's and Coca Cola combined. While the Postal Service itself employs more than 700,000 career employees, it is also the linchpin of a $900 billion mailing industry that employs nine million Americans in fields as diverse as direct mailing, printing and paper production.
That is why the deteriorating state of the United States Postal Service's finances has been a source of great concern to many of us. After several years of large losses, the USPS has been slowly approaching its statutory borrowing limit of $15 billion.
A few months ago, however, the Office of Personnel Management discovered that the USPS will dramatically over-fund its contributions to the Civil Service Retirement Fund unless the law is changed. After having based the Postal Service's annual contributions on the assumption that it had an actuarial deficit of $32 billion, OPM discovered instead that the USPS's CSRS deficit was actually only $5 billion. The difference is primarily due to higher than expected yields on pension investments by the Department of the Treasury. If the USPS continues to fund the CSRS at its current pace, it will over-fund its CSRS liability by $78 billion.
If Congress approves the changes to the payment schedule as my bill provides, the Postal Service's CSRS retirement expense would be reduced by $2.9 billion in fiscal year 2003 and another $2.8 billion in fiscal year 2004. The USPS would be able to reduce its debt by more than $3 billion in fiscal year 2003, and anticipated rate increases would be delayed until at least 2006, ushering in an era of stable and predictable postal rates.
My initial response upon hearing this good news was one of pleasant surprise but mixed, I admit, with a healthy dose of skepticism. As the old saying goes, ``if it sounds too good to be true, it probably is.'' However, the Office of Management and Budget, as well as the U.S. Treasury Department, have confirmed OPM's analysis. Further, having spoken with experts outside the government as well, I have become satisfied that this situation represents a rare exception to the rule.
That is why Senator Carper and I today introduce the Postal Civil Service Retirement System Funding Act of 2003. Our bill will correct the statutory funding mechanism for the Civil Service Retirement System, CSRS. This legislation is necessary to prevent the overpayment of retirement contributions by the U.S. Postal Service. Most important, this bill directs OPM to determine a new amortization schedule that will pay off the Postal Service's existing unfunded CSRS liability of $5 billion.
In addition, the legislation requires that the savings resulting from this Act be used to reduce the postal debt in a manner that the Secretary of Treasury shall specify. It also expresses the sense of Congress that the Postal Service should use these savings to fulfill its commitment to hold postal rates unchanged until at least 2006, to begin to pay a portion of their massive unfunded health care liabilities, and that the savings not be used to pay bonuses to Postal Service executives.
The USPS needs other changes as well, something acknowledged by everyone inside and outside the Postal Service. I was pleased that President Bush appointed a Commission on the U.S. Postal Service that is modeled along the principles outlined in legislation I introduced last year. I am hopeful that when the Commission reports this summer, it will provide us with a blueprint to ensure that our postal system is ready to serve twenty-first century America as ably as it has served us in the past. I look forward to receiving the Commission's report and any recommendations for legislation it may include.
I ask unanimous consent that the text of the bill be printed in the Record.
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Mr. Speaker, I thank the gentleman from the Committee on Rules for yielding time to me. Mr. Speaker, I rise in the strongest possible support of the rule for H.R. 6. I would like to point out a few…
Mr. Speaker, I thank the gentleman from the Committee on Rules for yielding time to me.
Mr. Speaker, I rise in the strongest possible support of the rule for H.R. 6. I would like to point out a few facts.
There are 22 amendments made in order under this rule. Fifteen of these 22 are either minority-sponsored amendments or bipartisan amendments that are sponsored by a member of the minority party and the majority party, 15 out of 22. That is over two-thirds of all the amendments that are going to be debated on the House floor either have a minority sponsor or a minority and a majority sponsor. I think that is exemplary in terms of bipartisanship.
I would also point out that we have made in order under this rule 1\1/2\ hours of general debate and 6 hours of debates on the amendments. That is 7\1/2\ hours of debate on H.R. 6. That is approximately double the average amount of time that is made in order under the House rules for authorization bills of this type. So I think the Committee on Rules has acted in a very appropriate fashion to make in order a large number of amendments, 22 amendments, which I believe are more amendments than were made in order for the bill last year. Again, 15 of the 22 have a minority sponsor or a minority and a majority sponsor.
Let me talk about the base bill. H.R. 6 is a combination of bills that have come out of the Committee on Ways and Means that deal with the tax issues for energy; the Committee on Energy and Commerce, where the bulk of the bill originates from, and deals with the basic energy policy of this country; the Committee on Resources, which deals with the issue of ANWR and our Federal lands use; and the Committee on Science, which deals with the R&D component of our energy policy.
I know the Committee on Energy and Commerce passed its bill on a bipartisan basis 36 to 17, with all the Republicans voting for it and 6 of the 23 Democrats that voted that night voted for it, and I believe the other bills also had bipartisan majorities as they came out.
What the bill attempts to do is set a broad-based energy policy for this country for all of our conventional energy sources and our emerging new energy resources, and combine that with a very comprehensive set of conservation and renewable environmental protections, and then begin to invest in the future in terms of the emerging issues like the hydrogen fuel initiative.
For the first time in the House, we have, I think, a very, very comprehensive title on electricity. Fifty percent of our energy is generated in the form of electricity, and in the bill that we reported out last year we did not have an electricity title. This year we not only have an electricity title, we have an electricity title that has been voted on on a bipartisan basis in subcommittee, and it has been voted on on a bipartisan basis in full committee.
What this electricity title would do if it becomes law, it would create a national transmission system for the 21st century for the movement of electricity around the country. It does this without violating States' rights. There are no Federal mandates in the electricity title where a State has to do this, a State has to join a regional transmission organization, a State has to allow Federal siting decisions. In fact, there is specific protection on the native load of closed States and those States that do not wish to subject their native load to any kind of Federal Energy Regulatory Commission jurisdiction.
So the electricity title which has been, at least in the bill from the Committee on Energy and Commerce, the most controversial part of the bill, I think has been well tested and modified and amended so it would address
many of the needs of Members on both sides of the aisle.
On the hydroelectric reform title that came out of the Committee on Energy and Commerce, the distinguished ranking member, the gentleman from Michigan (Mr. Dingell), is absolutely correct in that the House adopted a provision on hydro reform in last year's bill that he was very supportive of and very active in helping to reach a compromise.
We took what we did in last year's bill and built on it. The primary difference between last year's bill and this year's bill on hydroelectricity reform is that we took the situation where we have a mandatory condition, that a Federal agency can set a mandatory condition to renew a license of an existing hydro project. Under current law, that Federal agency, there is no appeal of it; there is really no alternative input to that setting of that mandatory condition. This year's bill says there has to be an alternative allowed if the applicant wishes to put forward an alternative, and I think that is an improvement.
Mr. Speaker, I rise in the strongest possible support and hope that we would pass this bill in a bipartisan fashion.
Mr. Speaker, I would like my good friend from Massachusetts (Mr. Markey) to come back to the microphone, please. I just want to ask my good friend if he is going to support the Boehlert- Markey amendment that was made in order under the rule on CAFE.
Is that one of the amendments that he is glad the rule made in order?
I yield to the gentleman from Massachusetts.
Mr. Speaker, what about the Markey-Johnson amendment that would prohibit drilling in ANWR? Is that an amendment that the gentleman is pleased that the rule made in order?
So it is not a totally bad rule. There are some amendments made in order under the rule that the gentleman thinks are appropriate?
Mr. Speaker, will the gentleman yield?
Mr. Speaker, who is the bicycle amendment from?
Mr. Chairman, I rise in very strong support of the bipartisan H.R. 6 comprehensive energy policy bill that is before this body at this point in time.
Our Nation badly needs a comprehensive energy policy. This bill achieves it. Our economic competitiveness, our national security, and our way of life will all be helped if this bill becomes law.
The bill before us today touches nearly every facet of our energy sector, including electricity. The first 68 pages of the bill are bipartisan measures on conservation and energy efficiency. They were agreed to during the energy conference last year. The bill also targets a diverse and stable portfolio of production so that we are never overly dependent on any one fuel.
For our Nation's security, we will reauthorize and expand the Strategic Petroleum Reserve. We will open for environmentally safe production the portion of Alaska that Congress long ago set aside for that very purpose. We will act upon the President's call in the State of the Union address for hydrogen fuel cell vehicles and the fueling infrastructure that will be needed to make them successful.
Today's bill is better than H.R. 4 that passed the last Congress. We include bipartisan reauthorization of the Price-Anderson Act, a much more sensible Renewable Fuels Standard, real changes to the hydroelectric relicensing process, and badly needed electricity reforms.
Legislation before the House today puts our Nation on a forward path towards better electricity markets. It should further the transition to more effective electricity markets in the following ways: It would increase transmission capacity; it would improve the operation of existing transmission; and it would make wholesale competition even more successful than it currently is today.
Mr. Chairman, I am very proud to be one of the authors of this bill. I am very proud of the work that the gentleman from Louisiana (Mr. Tauzin), my full committee chairman, has done, the gentleman from Michigan (Mr. Dingell) has done, the gentleman from Virginia (Mr. Boucher) has done and other members of the Committee on Energy and Commerce have done.
I am also very pleased with the work product of the other three authorizing committees that are bringing us this joint bill. This will actually help our Nation. In my opinion, it is the most comprehensive positive energy bill that has been before the Congress in the last 50 years, and I cannot do anything but strongly, strongly urge its adoption.
Mr. Chairman, I thank the distinguished full committee chairman for yielding me time.
Mr. Chairman, I want to comment just briefly on the electricity title in the bill. We did not have an electricity title in last year's bill because we really did not have a consensus on the issue and we were hopeful that by moving it as a stand-alone bill, we might could get that consensus. Since that time, we have worked very hard with the very stakeholders, the investor-owned utilities, the municipalities, the co- ops to try to get consensus.
I will not say we have total consensus, but I think we have solved some of the most vexing issues. We have volunteer participation in what are called RTOs, regional transmission organizations; we have an excellent reliability title; we have some transparency rules to try to prevent what happened in California several years ago in the spot market for electricity; we have native load protection for the closed States that would rather not open their States to retail competition; we have some exemptions for the more open States that are voluntarily developing these RTOs. All in all it is a very balanced title; it is a very good title.
It would help the electricity industry regain market confidence and would help get more transmission lines built.
Mr. Speaker, I rise in strong support of this rule. Let me commend Chairman Dreier and the Members of his Committee for crafting a rule that will allow the House to work its will on the full range of…
Mr. Speaker, I rise in strong support of this rule. Let me commend Chairman Dreier and the Members of his Committee for crafting a rule that will allow the House to work its will on the full range of energy policies that are contained in H.R. 6.
This bill represents the very hard work of several committees of the House, including Energy and Commerce, Ways and Means, Resources, Financial Services, and Science. It also includes provisions in the jurisdiction of a number of other committees, including Transportation, Armed Services, and Judiciary, with whom we have been working very closely. We have not enacted a comprehensive energy bill in eleven years. Much has changed in the world since then, and it's time that we reconfigure our energy policy to fit the 21st Century.
Division A of the bill before you--the bulk of my committee's work product--does just that. We dramatically increase energy efficiency and conservation measures. The bill provides for increased oil, gas, and hydropower production, and a safer nuclear future. We also modernize the Federal role in electricity regulation. And we have crafted a delicate compromise on reformulated gasoline that will provide environmental and energy-savings benefits.
Let me note for the Record that, if anything, this rule is even more fair than the one we employed two years ago during the comprehensive energy debate. That rule allowed just sixteen amendments, while the one before us allows over 20. All Members will have a full and fair opportunity to debate the energy policy of this nation.
Mr. Chairman, I yield myself 5 minutes.
Today we begin taking another step in doing what we have not done in over a decade, advancing a bipartisan, comprehensive American energy policy that will be signed into law. We came very close the last Congress to accomplishing that. Today, this year, with a strong vote on this floor, I believe we will go a long way to finishing the work of the last Congress.
The bill we are considering today reflects America's 21st century values, its technology and certainly our security needs. It advances a balanced approach to energy production and use by encouraging a responsible, diverse mix of energy sources and options along with a significant investment in conservation and increased efficiency. The Energy Policy Act charts a path toward increased energy security and a cleaner environment, in short, secure, reliable, affordable energy for all Americans in a growing economy.
I am proud of the bipartisan work our committee has done in writing several divisions of this bill. The gentleman from Texas (Mr. Barton), our Subcommittee on Energy and Air Quality chairman, forwarded his work to our full committee by a vote of 21 to 9, and just last week, after considering over 50 different amendments, the Committee on Energy and Commerce reported the bill by a vote of 36 to 17.
The House owes a great deal of thanks to the gentleman from Texas (Chairman Barton) and to the gentleman from Virginia (Mr. Boucher), ranking member, for the extraordinary cooperation, assistance, hard work and willingness to work together. Today, I hope that bipartisan spirit continues. There is no reason why it should not.
The Committee on Energy and Commerce components of the bill are very diverse. They cover everything from energy conservation to hydropower to nuclear energy and electricity, but particularly combined with the work product of the Committee on Resources, the Committee on Science, and the Committee on Ways and Means, they are really about our national security and our economy. Indeed, apart from the appropriations directly related to our war against terrorism and our remarkable success in Iraq, and God bless
those American heroes we have seen on television doing such a job for our country, this legislation may be the most important national security bill the Congress will vote on short of our national defense appropriations.
The Committee on Energy and Commerce has pursued two broad and necessary approaches to energy policy. First, it is outlined in the oil and gas title, the hydroelectric title, the nuclear title, the vehicles and fuels, and the electricity titles. First is to increase domestic energy supplies, both the fuels and electricity. That is essential to reducing our Nation's vulnerability to the kind of disruption in the supplies of fuel that we use to power our way of life today.
The other approach, covered in the titles on energy conservation, works on the demand side of energy by dramatically increasing energy efficiency by establishing energy efficiency goals for the Federal Government, by promoting new energy efficiency technologies, and other methods. This legislation will help close the gap between domestic energy supplies and consumption, and in the process, increase our security and our economic growth.
Just as an example, according to the American Council on Energy Efficient Economy, our energy efficiency production features, these provisions to increase the conservation and efficiency, will save 2.8 quadrillion Btus by the year 2020, eliminating the need for about 130 new power plants by the year 2020. That is a remarkable savings in energy this bill will increase.
The Members will hear a lot more about the incredible policy this bill advances, but let me conclude with this thought. Energy legislation has traditionally transcended party lines. What we did in legislating 2 years ago, we did on a bipartisan vote. We saw bipartisanship in the committees as they marked up these bills, and I hope and expect that spirit to prevail as we craft the energy policy for the 21st century.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 3 minutes to the gentleman from Texas (Mr. Barton), the distinguished chairman of the Subcommittee on Energy and Air Quality of the Committee on Energy and Commerce.
(Mr. BARTON of Texas asked and was given permission to revise and extend his remarks.)
Mr. Chairman, I am pleased to yield 1 minute to the distinguished gentleman from Illinois (Mr. Shimkus).
Mr. Chairman, will the gentleman yield?
Mr. Chairman, I thank the gentleman for his comments. I believe it is important that we provide flexibility to retailers who have to be responsible for the renewable fuels program contained in title VII of our bill. As the new renewable fuels program is implemented, consistent with the schedule and waivers available in this title, we should strive to make sure that the current regulations make common sense.
We should not subject retailers to unnecessary requirements that do not provide discernible environmental or public benefit. As we prepare for conference with the Senate, I want the gentleman to know that we are going to work together to resolve this issue.
Mr. Chairman, I am pleased to yield 1 minute to the honorable gentleman from Nebraska (Mr. Osborne).
Mr. Chairman, I yield myself 1 minute.
Mr. Chairman, as we begin to debate the various titles of this bill, I think the American public will see that the work of the Committee on Ways and Means incentivizing energy production, incentivizing new fuels, incentivizing renewable fuels, combined with the work we have done in increasing programs like we do in this bill to make sure that clean coal technology is advanced, the STAR program on efficiency is advanced and other programs are advanced to increase conservation and efficiency in the country, as well as the programs that the Committee on Energy and Commerce will bring to us to make sure that we take full advantage of the resources of the lands that are producible in this country in an environmentally safe manner, when you look at all these provisions together, and the technology, science and technology provisions that the Committee on Science will bring, this is the most comprehensive energy package we have brought to the floor in many decades.
This deserves to be the law of the land for more than just one reason, more than just national security. This country is ready for an economic revival. This is the first step. Stable energy prices and stable supplies mean solid economic performance. This is our first step in revitalizing the American economy.
Mr. Chairman, I am pleased to yield 1 minute to the gentleman from Texas (Mr. Barton), the chairman of the Subcommittee on Energy and Air Quality of the Committee on Energy and Commerce.
Mr. Chairman, I am happy to yield 1 minute to the gentleman from Indiana (Mr. Buyer).
Mr. Chairman, I am pleased to yield 3 minutes to the distinguished gentleman from Georgia (Mr. Norwood).
Mr. Speaker, I yield myself such time as I may consume. (Ms. SLAUGHTER asked and was given permission to revise and extend her remarks, and include extraneous material.) Mr. Speaker, I rise today to…
Mr. Speaker, I yield myself such time as I may consume.
(Ms. SLAUGHTER asked and was given permission to revise and extend her remarks, and include extraneous material.)
Mr. Speaker, I rise today to agree that the United States does indeed need a coherent, comprehensive energy plan. The events of the summer of 2001 clearly illustrate this. The raging power prices and the rolling blackouts in California and the historic implosion of Enron vividly showed America that our energy policies are broken and need to be fixed.
A few weeks ago, the Federal Energy Regulatory Commission ruled that widespread manipulation and misconduct by Enron and 30 other energy companies and the failures of deregulation of the energy industry caused the energy crisis that plagued California in 2000 and 2001. Unfortunately, Mr. Speaker, the bill does not fix what is broken. H.R. 6 does not address any of the lessons learned from the California energy crisis.
The legislation does not provide the Federal Energy Regulatory Commission with any antifraud authority. It does not criminalize the legal abuses by energy corporations that contributed to the California energy crisis.
Instead of providing stronger protections for consumers, the bill would repeal the Public Utility Holding Company Act, which protects both consumers and investors. In fact, some have argued that proper enforcement of the Public Utility Holding Company Act could have prevented the Enron disaster.
The bill fails consumers, but it benefits the giant energy corporations.
When we are facing record deficits and tax cuts upwards of $700 billion, H.R. 6 gives the energy companies $18.7 billion in tax breaks and incentives without paying for them. It is something that we just simply do not do in Congress. Even the executive branch sought only $9 billion in tax incentives.
Examination of these tax breaks reveals that consumers lose again. The lion's share of this money goes to companies for energy production, and only one-third of the tax breaks are aimed at conservation and alternative fuels. Instead of putting so much money into pumping more oil, should not our goal be to reduce the country's dependence on oil?
Another windfall for energy companies is a generous royalty holiday. This legislation would waive royalty collections on large amounts of publicly owned oil and gas in the Gulf of Mexico and off the coast of Alaska. This amounts to a significant taxpayer subsidy of the oil and gas industry when there is no evidence that major oil companies, without the taxpayers' help, will abandon exploration in promising areas in the Gulf of Mexico and Alaska.
Additionally, this bill would allow companies to pay in-kind royalties to the Federal Government. According to the GAO findings, there is no evidence that in-kind royalties generate as much revenue as traditional cash payments. Again, the public loses, and the gentlewoman from New York (Mrs. Maloney) with her amendment to cure that was not allowed.
The environment and conservationists were also losers. In 1960, the Eisenhower administration protected the Arctic National Wildlife Refuge, recognizing it as an internationally important wildlife conservation area. This underlying area would allow leasing, exploration, and development of 1.6 million acres of the Arctic National Wildlife Refuge. Fortunately, we will be allowed a vote on a bipartisan amendment to preserve the current ban on drilling in ANWR.
Mr. Speaker, several important amendments to this bill were barred by the Committee on Rules. H.R. 6 abandons the bipartisan consensus reached in the previous Congress and adopts changes to the hydroelectric licensing process for the benefit of the hydropower industry at the expense of the environment and wildlife.
Yesterday, in the Committee on Rules hearing, the gentleman from Michigan (Mr. Dingell), the ranking Democrat on the Committee on Energy and Commerce, and the gentleman from New York (Mr. Boehlert), chairman of the Committee on Science, offered this agreement as a substitute amendment. Every Democrat on the Committee on Energy and Commerce, save one, voted for this amendment. However, the rule bars us from even considering the amendment.
It is also disappointing that an amendment in the nature of a substitute to the resources portion of H.R. 6 is not in order. The amendment offered by the gentleman from West Virginia (Mr. Rahall), the ranking member on the Committee on Resources, would, among other things, ensure that the American people receive just compensation from the development of oil and gas resources on Federal lands and waters.
Early this morning, the Committee on Rules, along party lines, refused to make in order an amendment by my friend, the gentleman from Florida (Mr. Hastings). This amendment would have the Secretary of Energy mitigate adverse and disproportionate effects that implementation of the energy bill may have on minority, rural, Native American, and other underserved communities.
This seems like common sense. I would hope that these factors would be taken into consideration anyway. It is disappointing that this body is denied the opportunity to discuss this most important issue.
Mr. Speaker, the need for a new and improved energy policy is great and the policy's effects ubiquitous. This is a major policy initiative that demands and deserves thorough deliberation. This special rule provides several hours of debate. In contrast, the other body has set aside 2 weeks for the consideration of energy policies.
Further, this rule only allows 29 percent of the amendments submitted to the Committee on Rules to be offered on the floor. This is not, above all, this is not thorough deliberation.
For all of these reasons and more, I urge my colleagues to oppose the rule and to oppose the underlying legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from Michigan (Mr. Dingell).
(Mr. DINGELL asked and was given permission to revise and extend his remarks and include extraneous material.)
Mr. Speaker, I yield 2 minutes to the gentleman from West Virginia (Mr. Rahall).
Mr. Speaker, I yield 2 minutes to the gentleman from Massachusetts (Mr. Markey).
Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr. Engel).
(Mr. ENGEL asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 2 minutes to the gentleman from Washington (Mr. Inslee).
(Mr. Inslee asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 3 minutes to the gentleman from Oregon (Mr. Blumenauer).
Mr. Speaker, I yield 2 minutes to the gentlewoman from New York (Mrs. Maloney).
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Schiff).
Mr. Speaker, I yield 2 minutes to the gentlewoman from Nevada (Ms. Berkley).
Mr. Speaker, I yield myself such time as I may consume.
If I can take a moment first just to say to my good friend from California, and he is my good friend, that we are not sure that 10 minutes is sufficient for a full debate on ANWR; but, nonetheless, that was my only remark.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from New Jersey (Mr. Pallone).
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Maryland (Mr. Wynn).
Mr. Speaker, I yield myself the balance of my time.
First, Mr. Speaker, I am going to ask for a ``no'' vote on the previous question. If the previous question is defeated, I will offer an amendment to the rule that will make in order all the Democratic amendments that were offered in the Committee on Rules yesterday. Fifty-five very responsible and thoughtful amendments were submitted by Democrats, but only 15 were made in order.
Please vote ``no'' on the previous question so we can add those amendments rejected by the Committee on Rules.
Mr. Speaker, I ask unanimous consent that a description of the amendments be printed in the Record immediately prior to the vote.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.
Mr. Speaker, I demand a recorded vote.
Mr. Speaker, pursuant to the order of the House of April 7, 2003, I call up the Senate bill (S. 380) to amend chapter 83 of title 5, United States Code, to reform the funding of benefits under the…
Mr. Speaker, pursuant to the order of the
House of April 7, 2003, I call up the Senate bill (S. 380) to amend chapter 83 of title 5, United States Code, to reform the funding of benefits under the Civil Service Retirement System for employees of the United States Postal Service, and for other purposes, and ask for its immediate consideration.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on the Senate bill under consideration.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 380, the Postal Civil Service Retirement System Funding Reform Act of 2003, is a bipartisan bill in the Senate. Its House counterpart is sponsored by the gentleman from New York (Mr. McHugh), the gentleman from California (Mr. Waxman), the gentleman from Illinois (Mr. Davis), myself and others. It reforms the way the Postal Service funds its obligations to the Civil Service Retirement System. It prevents the Postal Service from overfunding its obligations to CSRS and postpones a rate increase for the American people and postal ratepayers.
Last year the Office of Personnel Management, at the request of GAO, reviewed the status of the Postal Service's funding of its CSRS benefits. OPM found that based on payments currently required by law, the Postal Service would overfund its CSRS benefits by more than $70 billion. OPM proposed a legislative solution modeling the Postal Service's payments to CSRS after its payments to the current Federal Employee Retirement System. This would result in a reduction in the Postal Service's annual obligation to CSRS, allowing the Postal Service to delay its next rate increase beyond 2004 to at least fiscal year 2006.
The bill we are considering today, S. 380, differs from OPM's proposal in that it places tight restrictions on how the Postal Service uses the savings. The bill requires the Postal Service to work with the Department of the Treasury to apply the funds saved to pay down its debt to Treasury in fiscal years 2003 and 2004 and directs the Postal Service to use the savings in 2005 to delay an anticipated rate increase. Subsequently, the Postal Service and OPM are to calculate the difference between the cost to fund CSRS under the bill and under the current law.
The Postal Service will develop a proposal for the use of the funds. Without congressional action on the Postal Service proposal, the funds would be placed in escrow.
This legislation will also require the Postal Service to fund the portion of retirement benefits attributable to the prior military service of postal employees which, again, models the Postal Service's payments to CSRS after the current Federal Employee Retirement System, or FERS.
I think this is an issue that demands further study because no other agency in the Federal Government that I am aware of funds its CSRS military obligations within the department. It may ultimately be unfair to make postal customers and ratepayers fund military retirement benefits.
Working with the gentleman from California (Mr. Waxman), my ranking member, I prepared an amendment to the House version of the bill, H.R. 735, requiring the Department of the Treasury, the Office of Personnel Management, and the Postal Service to develop proposals on this issue. So this is an issue that will be revisited.
The Committee on Government Reform and the Senate Committee on Government Affairs will look at those proposals and revisit the issue. This amendment was incorporated in S. 380, so we do not need to offer it today. I also understand the gentleman from California (Mr. Waxman) will be offering and withdrawing an amendment on this subject in a few moments in order to further highlight its importance, and I thank and congratulate him for his leadership in highlighting this issue and pledge to him that we will continue to work on this; and this is, in my judgment, not the end of the matter.
Many people do not know this, but the Postal industry, including ancillary businesses, represents approximately 9 percent of the gross domestic product, the GDP. The industry has been hit hard in the last several years, first by the economic slowdown and then by events of September 11, 2001 and subsequent anthrax attacks. During this same period, postal rates increased three times within 18 months. The Postal industry needs relief.
The Postal Service will be able to hold off on a rate increase if this legislation passes. This gives money back to the Postal customer and allows us all to hold on to our 37-cent stamps for 2 more years. It also stabilizes the Postal Service financially, securing the jobs of nearly 9 million people in the postal industry.
Postal consumers have implored us to address this problem before it is too late. The United States Postal Service, all four postal unions, the postal management associations, and a very broad coalition of postal customers support this bill. I hope that we can pass it expeditiously and put off the next rate increase until at least 2006.
Mr. Speaker I urge adoption of S. 380.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 5 minutes to the gentleman from New York (Mr. McHugh) who has been the former chairman of the Subcommittee on the Postal Service and one of the real experts on this issue to address this issue and put his stamp of approval.
Mr. Speaker, I yield 2 minutes to the gentleman from Indiana (Mr. Burton), the former chairman of the full committee and a leader in postal reform.
Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from Florida (Mr. Putnam), a member on the Committee on Government Reform.
Mr. Speaker, I am happy to yield 4 minutes to the gentlewoman from Macomb County, Michigan (Mrs. Miller).
Mr. Speaker, I yield 5 minutes to the gentleman from South Dakota (Mr. Janklow), former Governor.
Mr. Speaker, I have no other requests at this time. I would urge adoption of this measure.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I rise in opposition to the amendment.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, as I stated before, I agree in principle with the concept behind the gentleman's amendment. This bill, which adopts the administration's approach on the treatment of military funding, would make the postal service the only agency responsible for the military costs of the CSRS retirees. I do not think it is right. I do not think it is fair to postal rate payers. Unlike other agencies in government, this is an enterprise fund that is paid for by the rate payers who should not have to bear this burden. I think it puts strains on the post office that should not be there.
The postal service's mandate is to charge rate payers for its operating and overhead expenses and to break even over time. While the postal service does pay for military benefits for its FERS employees, it has never been required to for its CSRS employees, and neither is any other agency in government.
However, the administration is categorically opposed to any treatment of military funding other than the FERS model that they propose. The bill's principle sponsor, the gentleman from New York (Mr. McHugh), is going to speak on this more fully in just a moment. But with so much at stake in this legislation, I think we have to move forward on what we can agree on and follow the administration's approach at this time.
We will carefully consider the results of the studies that we have mandated in this bill. But still, I want to thank my colleague from California (Mr. Waxman) for highlighting this important issue.
Mr. Speaker, I yield 2 minutes to the gentleman from New York (Mr. McHugh).
Mr. Speaker, on that I demand the yeas and nays.
Mr. Speaker, I yield myself such time that I may consume. I rise in support of the legislation before us. As the ranking member of the Committee on Government Reform, I support this bill, S. 380, and…
Mr. Speaker, I yield myself such time that I may consume.
I rise in support of the legislation before us. As the ranking member of the Committee on Government Reform, I support this bill, S. 380, and before I begin my remarks on the bill, I would like to commend my colleagues, the gentleman from Virginia (Chairman Tom Davis) and the gentleman from Illinois (Mr. Davis) and the gentleman from New York (Mr. McHugh) for the time and effort they have spent in refining this proposal. The bill in S. 380, is identical to the version of the bill we reported out of committee with the exception of a provision requiring a new study on military pensions that I worked out with the gentleman from Virginia (Chairman Tom Davis). This is a very positive bipartisan start for our committee.
I would also like to commend our Senate colleagues, Senators Susan Collins and Joseph Lieberman, for their work on this issue.
The bill we are considering today corrects the calculation of the Postal Service's contributions to its pension fund and provides immediate and needed financial relief to the Postal Service. The legislation would credit the Postal Service for the real value of Civil Service Retirement System contributions it made in the past and change how contributions will be computed in the future. Under S. 380, the Postal Service will save $9 billion over the next 3 years and $36 billion over the next 10 years. S. 380 divides the money saved by the Postal Service into two parts. For the savings received in fiscal years 2003, 2004, and 2005, the bill provides that the Postal Service will use the money to pay down the debt and hold postage rates stable. This will allow the Postmaster General to keep his commitment to hold off on any rate increases through the year 2006.
For fiscal years beyond 2005, the bill requires the Postal Service to submit to Congress a plan for using the savings. This plan must then be reviewed by the General Accounting Office and approved or modified by Congress. The planning provisions contained in the bill provide an opportunity for Congress to review how the Postal Service will use the savings to address a number of long-term challenges facing the service such as its debt load, underfunded capital projects, and unfunded liabilities for post-retirement health care.
This legislation is being acted upon quickly because without it, the Postal Service faces an increasing financial crises. In fact, the Postmaster General and the Postal Board of Governors have indicated that in the absence of such a change, the Postal Service will be forced to apply for a rate increase later this year.
S. 380 has broad support among the postal community and it deserves our passage today.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am pleased to yield such time as he may consume to the gentleman from Illinois (Mr. Davis), the ranking Democrat on the Postal Task Force of the Committee on Government Reform.
Mr. Speaker, I am pleased to yield such time as he may consume to the gentleman from Maryland (Mr. Cummings), a very important member of our committee.
Mr. Speaker, I yield 3 minutes to the gentlewoman from New York (Mrs. Maloney).
Mr. Speaker, I thank the gentleman for his comments. I thank everybody involved with this legislation for their efforts. I think this is a bill that we can all look at with pride.
Mr. Speaker, we have no further requests for time on our side, so I yield back the balance of my time.
Mr. Chairman, I offer an amendment.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I support S. 380. The bill strengthens the Postal Service, lowers their debt, and protects postal consumers. The legislation, however, is not perfect. In particular, I do not believe that requiring the Postal Service to pay the pension costs associated with the military service, the previous military service of their employees, is a good idea.
Under current law, the Department of the Treasury pays the costs of retirement benefits related to military service for employees who are part of the Civil Service Retirement System. My amendment would maintain the status quo, keeping the responsibility for paying these costs with the Federal Treasury where they have always been, and where they belong.
In contrast, S. 380 shifts the burden of paying these costs from Treasury to the Postal Service. The legislation even has the effect of requiring the Postal Service to reimburse the Treasury for payments that have already been made. This shift will require the Postal Service to pay billions more than it otherwise would have to pay.
I believe it is wrong and unfair to require the Postal Service to shoulder this burden.
Many believe that the Postal Service should run more like a private business, yet no private business, including the Postal Service's competitors, is required to pay benefits for military service. S. 380 would also make the Postal Service the only entity in the Civil Service Retirement System that has to pay for military benefits.
I will not seek a vote on this amendment because, for reasons that I do not understand, the White House has signaled that it would oppose this legislation if my amendment were included. Thus, the result of adopting the amendment would be to bring down a bill that has many other worthwhile components.
Instead of pursuing this amendment, S. 380 contains language that we worked out with the gentleman from Virginia (Chairman Davis) that calls for a study of whether the Department of the Treasury or the Postal Service should be responsible for pension costs associated with military service with reports to the Congress. I do not believe this study language is as good as my amendment, yet at least it preserves this issue for further consideration.
Under the language of the study provision, the submission and evaluation of the proposals regarding military pension are timed to coincide with our review of the Postal Service's proposed use of the savings resulting from this legislation. I hope that at that point in time, we will reconsider our approach toward military costs.
At the appropriate time, Mr. Speaker, I will seek to withdraw this amendment.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 2 minutes to the gentleman from Illinois (Mr. Davis).
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I think we have made our point on this amendment. We will have this issue out there for further consideration at another time; but in the interest of moving this legislation forward and getting a good bill enacted into law, I will withdraw my amendment.
Mr. Speaker, I withdraw my amendment.
Mr. Speaker, I rise in opposition to the bill, I rise in opposition to the rule, and I rise in opposition to the previous question. None of them are in the public interest and none of them should be…
Mr. Speaker, I rise in opposition to the bill, I rise in opposition to the rule, and I rise in opposition to the previous question. None of them are in the public interest and none of them should be voted for.
The simple fact of the matter is that if this bill is as good as the chairman of the subcommittee has just indicated, then they ought to give us a fair and an open rule. That is not before us today at all. It is a rule which denies a number of Members the opportunity to offer amendments, one of the traditional classical rights of a Member of this elected body, and one of the distinguishing characteristics of this body versus many of the others. That right is denied.
Very specifically, with regard to the question of the conservation in the hydro relicensing provisions, that provision is a bad provision. It is opposed by State conservation organizations, by State regulatory entities, and it is also opposed by every hunting, fishing, conservationist, and environmentalist group in the United States.
It is a bad provision. It puts the thumb of the electrical utility on the licensing and relicensing process. It denies citizens and citizens' groups rights to be heard before the Federal Energy Regulatory Commission. It sees to it that we have a skewed result.
It does not, for example, require that fishways be included in dams which are relicensed, so as to denigrate the opportunity of fish to migrate up and down the stream.
It does deny citizens the right to be heard before regulatory agencies. The communities of interest in this country oppose it. Conservationists say it denies them the right to be heard.
I had sought to have an opportunity to offer an amendment to this, one which would be the exact same language that was bipartisan last year and on which the chairman of the Committee, the gentleman from Louisiana (Mr. Tauzin), sent a Dear Colleague letter around describing the amendment that I would like to have offered today, saying, ``The hydroelectric licensing language contained in Division A of H.R. 4 is a bipartisan consensus provision that carefully balances energy and environmental priorities to achieve the significant breakthrough in licensing reform.''
They are afraid of that. They will not allow that amendment to come to the floor so they say, you cannot offer it. The reason is, it probably would have carried.
So if you were to believe that this is a bipartisan package, then my suggestion to you is, take a look at the rule and ask the Members of the Republican side why it is they do not allow us to offer amendments to this bill. What are they afraid of? Why is it they refuse to allow us to protect fish and wildlife and conservation values which were negotiated over many years with the industry in question and which would permit the industry a fair opportunity to be heard, but also the ordinary citizen?
Vote ``no'' on the bill. Vote ``no'' on the rule, and vote ``no'' on the previous question. All of the above are outrageous.
Mr. Chairman, I yield myself 2 minutes.
(Mr. DINGELL asked and was given permission to revise and extend his remarks.)
Mr. Chairman, this is a bad bill. It is an odd mishmash of special interest provisions, deregulatory actions, degradation of our environmental laws. It gives away billions of dollars to powerful industry, courtesy of the taxpayer. It undermines existing environmental protections.
In the area of hydroelectric power, the bill undercuts safeguards for dam relicensing, jeopardizing not only fish but the overall health of our river systems. It weakens the Safe Drinking Water Act and environmental protections and safeguards in oil and gas production.
H.R. 6 eliminates requirements for public participation and deference to the States in decisions where electric transmission lines can be sited and whether natural gas facilities should be constructed in coastal waters. It undercuts natural resource agencies' role in determining whether transmission lines should be constructed in our national forests and on other public lands.
But that is not all. Certain favored industries get big benefits. Energy consumers are left unprotected. I guess average customers and consumers were not in the room when the Vice President held closed-door meetings of his Energy Task Force.
It is hard to imagine a better case for increasing consumer protections than the debacle that took place in 2000-2001 in California and other West Coast electricity markets. In fact, a recent report by the Federal Energy Regulatory Commission, whose Chair was appointed during the administration, found that so many companies participated in Enron's scams that it was necessary to launch multiple new enforcement proceedings, many of which would be adversely impacted by this legislation.
Most shocking, FERC found some practices that significantly raised consumer prices were not only not illegal under current law, but would be sanctified under this legislation.
If there was ever a case for legislative reform, this is it, but this legislation is not legislative reform. It does not help consumers. It only includes cosmetic reforms while repealing important consumer protections under the Public Utility Holding Company Act and weakening protections under the Federal Power Act. Indeed, it also sanctifies fraud.
So if the Members like fraud, vote for the bill.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 2 minutes to the distinguished gentleman from Virginia (Mr. Boucher).
(Mr. BOUCHER asked and was given permission to revise and extend his remarks.)
Mr. Chairman, I yield 2 minutes to the distinguished gentlewoman from California (Ms. Eshoo).
Mr. Chairman, I yield 1 minute to the distinguished gentleman from Texas (Mr. Green).
Mr. Chairman, I yield 2 minutes to the gentleman from Massachusetts (Mr. Markey).
Mr. Chairman, I yield 2 minutes to the distinguished gentlewoman from California (Mrs. Capps).
Mr. Chairman, I yield such time as he may consume to the gentleman from Pennsylvania (Mr. Doyle).
(Mr. DOYLE asked and was given permission to revise and extend his remarks.)
Mr. Chairman, I have one more speaker and he is not here right at the moment.
Mr. Chairman, I yield 3 minutes to the distinguished minority whip, my good friend, the gentleman from Maryland (Mr. Hoyer).
Mr. Chairman, before I yield my remaining 1 minute to the distinguished gentleman from Maryland (Mr. Hoyer) to close, I gather my good friend, the gentleman from Louisiana (Mr. Tauzin) has one speaker remaining, and that that speaker will be closing; is that right?
Mr. Speaker, I thank the gentleman for yielding me this time. The puns notwithstanding, I deeply appreciate his very kind comments, and, Mr. Speaker, I certainly welcome this chance in the next 5…
Mr. Speaker, I thank the gentleman for yielding me this time.
The puns notwithstanding, I deeply appreciate his very kind comments, and, Mr. Speaker, I certainly welcome this chance in the next 5 minutes to add my words of great appreciation and approval to I think a very important piece of legislation and certainly one that I hope bodes well for the future, because we have before us here today a bipartisan agreement, as the ranking member so correctly stated, one that sets and bodes very well a brighter future for this full committee, and, I am hopeful, as someone who has had the honor and opportunity to delve into postal issues over the past several years, a fine start to continued bipartisan cooperation in terms of our continuing efforts to modernize the Postal Service in even broader measures. And I, too, deeply appreciate the great leadership, the very hard work of the gentleman from Virginia (Mr. Tom Davis), the chairman of the standing committee; the gentleman from California (Mr. Waxman), the ranking member; and my long partner in these postal issues, the gentleman from Illinois (Mr. Davis) for their very concerted effort to bring this very necessary and, as the ranking member and the chairman both said, very timely piece of legislation to the floor at this moment.
Both the chairman and the ranking member, I think, have struck on the major points of importance her, very eloquently and very appropriately. But let me just highlight for a moment the very critical nature of what we are doing. Certainly to the Postal Service's future viability, its ability, as the gentleman from California (Mr. Waxman) said, to dedicate these savings that will accrue from what I hope the House is about to do here today toward all of those issues to ensure even better mail delivery service, to ensure their continued viability, to say to those some 800,000 dedicated Postal employees that we understand the great challenges that they face, that where the opportunities present themselves we are not just willing, but here through this bill apparently able to assist in that very worthy effort.
But this is an important piece of economic development legislation as well, Mr. Speaker. Just as way of illustration, the Postal Service, the entire postal delivery sector today represents some $635 billion annually in direct economic activity in the production of mail and delivery services. Mail advertising alone generates some $725 billion in economic activity each and every year. And the parcels handled by the Postal industry, including all postal and parcel carriers, have a value exceeding $850 billion.
A lot of us spend a lot of time, understandably and rightfully so, delving into the issue of what we can do to stimulate this economy, and this bill today in supporting those significant segments of our economic activity and our economic sector certainly would go a long way towards boosting the economic activities of this Nation as a
whole into the future, and they certainly speak of the absolutely essential nature of this bill, S. 380. And my compliments to Ms. Collins and to Mr. Lieberman, our colleagues in the Senate, for their leadership and their great work.
The gentleman from California (Mr. Waxman) said it, and he is absolutely right. Time is of the essence. Without this initiative it is likely, in fact absolutely certain, the Postal Service would be forced to impose a potential rate increase in postage rates within a matter of weeks, and through this action we can forestall that, as has been said here repeatedly on the floor, until at least the fiscal year 2006 to help the Postal Service expand its declining mail volumes, to help it become even more viable into the future.
And as the gentleman from California (Mr. Waxman) and others have said, rarely do we have a chance on this floor to support a piece of legislation so uniformly supported by all the affected parties. The Postal Service, the administration, the postal unions, the very vital mail industry throughout this Nation all see this as the proper thing to do.
I want to just say for the record, I understand and in large measure support what both the ranking member and the chairman have said with respect to the treatment of military pay. I think we do have to take a look at that.
I commend the gentleman from California (Mr. Waxman) for not clouding the issue at this particular moment, but there are others who have differing opinions, and I think we need to have a full discussion on that. So I urge the full support of the House on this bill.
Mr. Speaker, I thank the gentleman for yielding me time.
Let me express my appreciation, as well, to the ranking member, the gentleman from California (Mr. Waxman), for raising this issue. I think it is a very appropriate question, and it needs full and total debate, and also for having the diplomatic position of withdrawing it because of the problems.
And I am certainly one who would support any measure that brings an added $18 billion or even more to the postal service and all the good that that could accrue. But I think it is important for the House to know as we set the stage here for future debate that, as the chairman said, the administration has serious concerns about this. And their argument is simply that if we are going to use the FERS model, which is indeed what applies here and accrues the nearly over-$70 billion in savings, that the FERS modeling should indeed be applied across the board, which under FERS does require military retirement to be paid by the agency instead of by the Federal Treasury.
I should note as well, whether or not we agree with them, the OPM has, in meetings that all of us sat in on, our staffs, that if this provision were to be included, they would strongly recommend a veto which I think underscores again the gentleman from California's (Mr. Waxman) willingness to deal with this particular issue of the funding question and then get on to the equally important debate with respect to the military obligation.
Mr. Speaker, I want to thank again the chairman and the ranking member for working this out. And certainly I am hopeful we can work with the administration to try to bring about an agreement that accrues to the most possible good for the postal service and its customers.
Mr. President, today I am pleased to introduce the Clean Power Act of 2003 along with 19 of my colleagues, Republicans and Democrats. That is a fifth of the Senate on record supporting a measure…
Mr. President, today I am pleased to introduce the Clean Power Act of 2003 along with 19 of my colleagues, Republicans and Democrats. That is a fifth of the Senate on record supporting a measure which dramatically reduces emissions of four pollutants coming from power plants--sulfur dioxide, nitrogen oxides, carbon dioxide and mercury.
These pollutants create or contribute to smog, soot, acid rain, mercury contamination and global warming. They cause death, disease, ecological degradation, birth defects, and increase the risk of abrupt and unwelcome climate changes.
The nation has made some impressive strides in reducing air pollution since 1990. But there is a lot of unfinished business, a fact confirmed every day by more and ever better science.
Power plants are still the nation's single largest source of air pollution, including greenhouse gases. They are responsible for 60 percent or more of national sulfur dioxide emissions, 25 percent of nitrogen oxides, 40 percent of carbon dioxide, and about 45 tons of mercury annually.
Fine particulate matter coming from power plants, mainly through SOX and NOX emissions, is causing or contributing to the premature deaths of approximately 30,000 people.
More than 130 million people are living in areas with unhealthy air. Ground-level ozone triggers over 6.2 million asthma attacks each summer in the eastern United States alone, and some studies show that it may actually cause asthma. Another 160,000 people are sent to emergency rooms due to smog-induced respiratory illness. Power plants are significant contributors to this air quality degradation, as well as causing major reductions in visibility in our national parks and wild places. The National Park Service posts air quality warning signs for hikers in the Great Smoky Mountains every other day on average during the high ozone season.
Acid rain continues to fall on the Northeast, and the Southeast, damaging sensitive ecosystems and acidifying lakes and streams. In my state of Vermont, the red spruce, the sugar maple, and other species are becoming more and more immune-compromised.
The Hubbard Brook Research Foundation says we must reduce sulfur dioxide emissions by 80 percent from current Clean Air Act requirements to begin biological recovery mid-century in the Northeastern U.S. That means bringing emissions way down now, not prolonging the wait for healthy trees and lakes.
Coal-fired power plants emit the bulk of the uncontrolled mercury emissions in the U.S. Mercury is a potent neurotoxic pollutant. It contaminates fish causing fish consumption warnings in 41 States. And mercury puts over 60,000 children at risk of negative developmental effects due to fetal exposure.
Despite our international commitment to reduce greenhouse gas emissions to 1990 levels through voluntary means, we have failed. In particular, power sector emissions of carbon dioxide, a major greenhouse gas, have increased by more than 25 percent since 1990. This failure increases the risks from global warming.
It is plainly obvious that we must make swift and major reductions in these pollutants for the sake of public health, the environment, and the world's climate. Without quick action, the nation's fleet of fossil power plants will continue to inefficiently belch out millions of tons of harmful pollutants.
The Clean Power Act of 2003 will mainly use the largely successful cap-and-trade system in the 1990 Clean Air Act Amendments to make quick and cost-effective reductions in these pollutants. At the same time, this bill does not abolish or eliminate any of the vital local and regional air quality protection programs in the Clean Air Act. Our bill reduces emissions of sulfur dioxide by 81 percent from 2000. Nitrogen oxides will be reduced by 71 percent from 2000. And carbon dioxide will be capped at 21 percent below 2000 levels. Mercury will be controlled to 90 percent below 1999 levels.
This bill has a hybrid allocation system for distributing the allowances for the three capped and tradable pollutants (NOX, SOX, CO2). Most allocations, about \2/3\, go to households and consumers. The rest go to renewable energy, energy efficiency, and other categories. This system rewards cleaner power producers and ensures that the public gets compensated for the polluters' use of the atmosphere.
Our bill is intended to save the lives that are now being lost prematurely to lung disease and other illnesses. We want to continue on the path set in 1990 of reducing acid rain.
We want certainty that mercury will no longer threaten unborn children and the future environment will be safer and cleaner for them when they are grown.
Certainty is a valuable commodity. Industry witnesses have testified that certainty is critical to their investment strategies. Our bill provides a
clear signal on exactly what is expected of pollution sources and when.
I want certainty that the promise of the Clean Air Act will be delivered to all Americans.
At the Environment and Public Works Committee, we have heard many times that technologies are readily available to meet the challenges in our bill. And that these challenges can be met in a cost-effective manner that allows our economy to prosper and improve public health.
We can't afford to slow down progress on achieving better air quality and we must start to make real progress in reducing greenhouse gas emissions. The voluntary approach has failed for 12 years now and we must do better.
As Senators may know, when I was Chairman of the Senate Environment and Public Works Committee, we approved a bill nearly identical to the bill that we are introducing today. The only significant difference is that the deadline for compliance with all the pollution caps except mercury have been moved later by one year. Mercury still follows the schedule in the consent decree which requires compliance by 2008.
I look forward to entering into serious discussions with the Administration on signing into law good, comprehensive four-pollutant legislation. However, their actions so far on air quality matters have not fostered an atmosphere of trust and cooperation.
I ask unanimous consent that a brief summary of the legislation and the text of the bill be printed in the Record.
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Mr. President, today, I rise to offer to the Senate some good news for our mailers and, indeed, anyone who uses the United States Postal Service. The USPS, which has been losing significant amounts…
Mr. President, today, I rise to offer to the Senate some good news for our mailers and, indeed, anyone who uses the United States Postal Service. The USPS, which has been losing significant amounts of money in recent years despite repeated increases in postage rates, has determined that its finances are in better order than previously thought. If Congress acts expeditiously on legislation that I am introducing today along with my colleague, Senator Carper, the Postal Service will avoid an imminent rate hike.
In recent years, the United States Postal Service has been raising postal rates at a rapid pace. When the USPS last raised rates in 2002, it was the third such rate increase during an 18-month period. Such steep, irregular rate increases make it very difficult for businesses to plan for their postal costs. This is a particular problem for
catalog companies and magazine publishers, which set their prices in advance based on assumptions about postal rates. Mailing costs for some smaller catalog businesses, I am told, now can exceed production costs.
In so many ways, postage rate increases have a significant economic impact. As rates increase, so do the costs Americans bear to send letters, mail packages, and pay their bills. Rate increases also raise the cost of goods, which, of course, reflect not only the cost to ship but also the cost to advertise by mail.
But rate increases reflect the price of maintaining an ever-expanding postal network and the infrastructure to sustain it. Each year, the Postal Service adds 1.7 million new addresses. This equates to 4,800 new letter carriers making deliveries to over 513 million new delivery stops each year, all while maintaining one of the lowest first-class letter rates in the world.
In addition to providing a critical service to individual postal patrons, the Postal Service is a powerful economic engine. The USPS is the eleventh largest enterprise in the Nation with $66 billion in annual revenue, more than Microsoft, McDonald's and Coca Cola combined. While the Postal Service itself employs more than 700,000 career employees, it is also the linchpin of a $900 billion mailing industry that employs nine million Americans in fields as diverse as direct mailing, printing and paper production.
That is why the deteriorating state of the United States Postal Service's finances has been a source of great concern to many of us. After several years of large losses, the USPS has been slowly approaching its statutory borrowing limit of $15 billion.
A few months ago, however, the Office of Personnel Management discovered that the USPS will dramatically over-fund its contributions to the Civil Service Retirement Fund unless the law is changed. After having based the Postal Service's annual contributions on the assumption that it had an actuarial deficit of $32 billion, OPM discovered instead that the USPS's CSRS deficit was actually only $5 billion. The difference is primarily due to higher than expected yields on pension investments by the Department of the Treasury. If the USPS continues to fund the CSRS at its current pace, it will over-fund its CSRS liability by $78 billion.
If Congress approves the changes to the payment schedule as my bill provides, the Postal Service's CSRS retirement expense would be reduced by $2.9 billion in fiscal year 2003 and another $2.8 billion in fiscal year 2004. The USPS would be able to reduce its debt by more than $3 billion in fiscal year 2003, and anticipated rate increases would be delayed until at least 2006, ushering in an era of stable and predictable postal rates.
My initial response upon hearing this good news was one of pleasant surprise but mixed, I admit, with a healthy dose of skepticism. As the old saying goes, ``if it sounds too good to be true, it probably is.'' However, the Office of Management and Budget, as well as the U.S. Treasury Department, have confirmed OPM's analysis. Further, having spoken with experts outside the government as well, I have become satisfied that this situation represents a rare exception to the rule.
That is why Senator Carper and I today introduce the Postal Civil Service Retirement System Funding Act of 2003. Our bill will correct the statutory funding mechanism for the Civil Service Retirement System, CSRS. This legislation is necessary to prevent the overpayment of retirement contributions by the U.S. Postal Service. Most important, this bill directs OPM to determine a new amortization schedule that will pay off the Postal Service's existing unfunded CSRS liability of $5 billion.
In addition, the legislation requires that the savings resulting from this Act be used to reduce the postal debt in a manner that the Secretary of Treasury shall specify. It also expresses the sense of Congress that the Postal Service should use these savings to fulfill its commitment to hold postal rates unchanged until at least 2006, to begin to pay a portion of their massive unfunded health care liabilities, and that the savings not be used to pay bonuses to Postal Service executives.
The USPS needs other changes as well, something acknowledged by everyone inside and outside the Postal Service. I was pleased that President Bush appointed a Commission on the U.S. Postal Service that is modeled along the principles outlined in legislation I introduced last year. I am hopeful that when the Commission reports this summer, it will provide us with a blueprint to ensure that our postal system is ready to serve twenty-first century America as ably as it has served us in the past. I look forward to receiving the Commission's report and any recommendations for legislation it may include.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today, along with my colleague from New York, Senator Clinton, to introduce the Childhood Vaccine Supply Act--a bill that would help ensure that our nation's public health…
Mr. President, I rise today, along with my colleague from New York, Senator Clinton, to introduce the Childhood Vaccine Supply Act--a bill that would help ensure that our nation's public health system has an adequate vaccine supply.
Vaccinations are critical in our efforts to keep our population, particularly children and the elderly, healthy. They are key in protecting the elderly from influenza during flu season or protecting children from contracting polio or the mumps. They--vaccinations, inoculations, immunizations, whatever you want to call them--also help lessen the threat of bacterial or viral infections and potential disease outbreaks.
Currently, it is recommended that children receive 12 routine vaccinations against preventable diseases. These vaccinations are given in a series of shots and booster shots by the age of two, with an additional four doses later in life. This ends up being about 16 to 20 doses of vaccines for children. Yet, just last year, over half of the vaccines children need were in short supply.
That shortage of vaccines was not acceptable, and we should do all we can to prevent any future shortage and do all we can to protect our kids from illness and disease. As a Senator, and more importantly, as a father of eight and grandfather of eight, nothing is more important to parents than the health and safety of our children.
While we are not currently experiencing a shortage, we know that the vaccine market is unstable and unpredictable. According to the Centers for Disease Control's National Immunization Program, there were several reasons for the shortages last year. The CDC concluded and posted on its website that the ``reasons for these shortages were multi-factorial and included companies leaving the vaccine market, manufacturing or production problems, and insufficient stockpiles.'' The CDC did as good a job as it possibly could, especially considering the vaccine shortages our nation faced last year. The agency's website posted information about shortages and released revised vaccine schedules to keep our public informed and knowledgeable about vaccination shortages.
But, even with the strong efforts of the CDC, we can work toward preventing a future vaccine shortage. We can work toward a more permanent solution. The bill I am introducing with my colleague from New York will go a long way to do just that.
The bill we are introducing today--the Childhood Vaccine Supply Act-- would help bring some stability to our fragile vaccine supply. Unlike drug manufacturers, vaccine manufacturers do not have to give notice when they stop making a vaccine--whether the vaccine is withdrawn from the market intentionally or because the manufacturer is simply unable to continue making the vaccine. Essentially, these manufacturers leave the marketplace with no notice and no warning. Most doctors and hospitals--and more importantly parents and older adults--often have no idea that a vaccine is in short supply until they line up for a flu shot or go to the doctor for their child's immunizations.
Our bill would change this. It would require any manufacturer of a vaccine to give notice of discontinuance. By giving notice, the Centers for Disease Control, CDC, and the Food and Drug Administration, FDA, would be better able to ensure an adequate vaccine supply for our Nation's population. Additionally, our bill would require all drug and vaccine manufacturers to give notice when they withdraw from the market. This change would ensure that we have a better sense of who is making vaccines and drugs and would allow the CDC and FDA to monitor the manufacturer's production and release of vaccines. Let me explain why this is important.
Vaccines, or biological products, are difficult to develop and manufacture. They are more complex than drugs. Because of this, it takes longer for a biological product to reach the market.
For example, a pharmaceutical company that manufactured tetanus vaccine stopped producing it, leaving only one company to produce tetanus vaccine for the entire country. The remaining company increased production to accommodate all of the needs of the United States. Despite this, it still required about 11 months for the vaccine to be ready for release. In other words, it took 11 months for the company to ramp-up production to meet demand. Our bill would create a notification mechanism to capture those drugs and vaccines leaving the market so we can avoid future vaccine and drug shortages.
Our bill would take another important step toward ensuring an adequate vaccine supply. It would confirm the authority of the CDC to develop a plan for the purchase, storage, and rotation of a supply of vaccines sufficient to provide routinely recommended vaccinations for a six-month period for children and adults. Essentially, our bill would create a framework for the CDC to develop a national vaccine stockpile to ensure that childhood vaccine shortages simply do not occur.
Our children deserve timely vaccinations. When childhood vaccinations are in short supply or are unavailable, they do without, living unprotected against disease. That should never happen. Our bill is a step toward ensuring children get the vaccines they need and that they get them at the right time. I urge my colleagues to join us in support of this important public health legislation.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to cosponsor Senator Jeffords' bill--as I did in the 106th and 107th Congresses--as I am dedicated to reducing power plant emissions that cause some of the Nation's--and…
Mr. President, I rise today to cosponsor Senator Jeffords' bill--as I did in the 106th and 107th Congresses--as I am dedicated to reducing power plant emissions that cause some of the Nation's--and Maine's--most serious public health and environmental problems.
For too many years, coal-burning power plants exempt from emissions standards under the Clean Air Act have created massive pollution problems for the Northeast because whatever spews out of their smokestacks in the Midwest, blows into the Northeast, including my State of Maine, giving it the dubious distinction of being at the ``end of the tailpipe'', so to speak.
The Jeffords' legislation calls for reductions of power plant emissions for pollutants that cause smog, soot, respiratory disease; acid rain that kills our forests; mercury that contaminates our lakes, rivers and streams; and climate variabilities that cause severe shifts in our weather patterns. Maine currently leads the Nation in asthma cases per capita, which is not a surprise, but which it can do little about when nearly 80 percent of the State's dirty air is not of their own making but is transported by winds blowing in from the Midwest and Southeast.
The bill will dramatically cut aggregate power plant emissions by 2009 of the four major power plant pollutants: nitrogen oxides NOX, the primary cause of smog, by 71 percent from 2000 levels; sulfur dioxide, SO2, that causes acid rain and respiratory disease, by 81 percent from 2000 levels; mercury, Hg, which poisons our lakes and rivers, causing fish to be unfit for human consumption, through a 90 percent reduction by 2008; and carbon dioxide, CO2, the greenhouse gas most directly linked to global climate variabilities, by 21 percent from 2000 levels. Of note, the NOX, SO2, and mercury reductions are set at levels that are known to be cost effective with available technology.
The bill will also eliminate the outdated coal-burning power plants that were grandfathered in the Clean Air Act unless they apply the best available pollution control technology by their 40th birthday or 2014, whichever is later. The thinking for the exemption in the Clean Air Act was based, at the time, on the assumption that the plants would not stay on line much longer. However, as energy has gotten more expensive, companies are keeping these older, dirtier plants up and running.
Furthermore, just as the Clean Air Act already provides tradable allowances for sulfur dioxide that causes acid rain, the Jeffords' legislation also allows for tradable allowances to control emissions for three other pollutants--NOX, SOX, CO2,--by using market-oriented mechanisms to meet emissions reduction requirements.
The tradable allowances would be distributed to five main categories, including 63 percent or more to households; six percent for transition assistance to affected communities and industries, which will decline over time; up to 20 percent to renewable energy generation, efficiency projects and clean energy sources, based on avoided pollution; 10 percent to existing electric generating facilities based on 2000 output; and up to 1.5 percent of the carbon dioxide allowances for biological and geological carbon sequestration. Of note, trading will not be allowed if it enables a power plant to pollute at a level that damages public health or the environment.
I realize that the Administration's Clear Skies Initiative does not address carbon dioxide as a pollutant nor does it address emissions reductions for CO2. While I recognize that the pollutants listed under the Clear Air Act have been to achieve healthier air for humans by cutting back on smog and soot, and also for mercury contamination, I believe it is long past due that carbon dioxide be recognized as a pollutant that is harming the health of the planet.
I am supporting the goal of CO2 emissions reduction in the Jeffords' bill in the hopes that the bill will be a rallying point to further the debate for reducing CO2 and at the same time, get our air cleaner on a quicker timeframe. In particular, Congress needs to develop a market mechanism approach for CO2 emissions trading--such as we now have for acid rain--to allow U.S. industries the flexibility and certainty to reduce CO2 emissions without the threat of higher energy production costs in the future that will be passed on to the consumer. I will continue to work with my colleagues, the White House and representatives from various industry groups, and environmental organizations to achieve this goal.
The bottom line is that we have the opportunity to raise the bar for cleaner domestic energy production in an economically effective manner. Solutions exist in available and developing technologies, and most of all in the entrepreneurial spirit of the American people who want a cleaner and healthier environment, including those in Maine who want to ensure that the State's pristine lakes and coast will remain clean and our forests healthy for generations to come. States like Maine are leading the way in trying to reduce CO2 emissions--and the Jeffords' legislation sends a powerful message to those who would pollute our air: your days are numbered.
I am optimistic that the Congress can come together with the President, industry and all those who want cleaner, healthier air to create a cohesive policy that is best suited for our nation, so I urge my colleagues to support the Jeffords' legislation.
Mr. President, today I am introducing legislation to prohibit the use of taxpayer funds to advocate a position on the meaning of the Second Amendment that is inconsistent with existing Supreme Court…
Mr. President, today I am introducing legislation to prohibit the use of taxpayer funds to advocate a position on the meaning of the Second Amendment that is inconsistent with existing Supreme Court precedent, as expressed in the Supreme Court case of United States v. Miller.
This legislation responds to the Bush Administration's filing of two unprecedented briefs to the United States Supreme Court, which argued that the
Second Amendment establishes an individual right to possess firearms. In taking this position, the Justice Department directly contradicted the well-established precedents of the Supreme Court, as expressed in the seminal case of United States v. Miller. In that 1939 case, the Supreme Court found that the Second Amendment did not establish a private right of individuals to possess firearms, but rather was intended to ensure the effectiveness of groups of citizen-soldiers known at the time as the Militia.
The Court in United States v. Miller explained the historical background to the Second Amendment and issued its ruling clearly and unambiguously. That ruling has never been reversed, and the Court has followed it in every subsequent related case. Similarly, the precedent in United States v. Miller has been followed by every Justice Department over the past several decades, including the Justice Departments of Presidents Ronald Reagan, Richard Nixon and George H.W. Bush.
The meaning of the Second Amendment should not be a partisan issue. In fact, it should not be a political issue. It is a legal and constitutional issue. And the law on this question has been clearly established by the highest court in the land in case after case for a period of many decades.
Unfortunately, instead of following the law, as Attorney General promised to do during his confirmation hearing, the Bush Administration and the Justice Department have used their authority to file briefs as a means of pursuing a partisan political agenda that flies in the face of established Supreme Court precedents. This is wrong. And, in my view, it is a misuse of taxpayer dollars.
Congress should not have to pass a law to ensure that the Executive Branch follows the Constitution, as clearly interpreted by the Supreme Court. Unfortunately, in light of the Bush's Administration's latest actions, Congress must step in. After all, Congress's ultimate power is the power of the purse. And we have a responsibility to use that power, when necessary, to ensure that the Executive Branch complies with constitutional law.
This responsibility flows from Congress's obligation to preserve, protect and defend the Constitution. It also flows from our obligation to ensure that taxpayer dollars are not misused. The American people should not be forced to pay taxes to support an unreasonable interpretation of the Second Amendment that is not only inconsistent with constitutional law, but that threatens to undermine legislation needed to reduce gun violence and to save lives.
In 1998, more than 30,000 Americans died from firearm-related deaths. That is almost as many as the number of Americans who died in the entire Korean War. In my view, there is much that Congress needs to do to reduce these deaths, including enacting reasonable gun safety legislation. Yet if the Bush Administration prevails in its effort to radically revise the Second Amendment, such laws could well be undermined. The end result would be more death and more families losing loved ones to the scourge of gun violence.
I have asked the Congressional Research Service whether there are any constitutional precedents that would bar the Congress from adopting this legislation, and the answer was ``no.'' I also would note that there is precedent for Congress prohibiting the use of taxpayer dollars to advocate positions with which Congress disagrees. For example, Congress for many years prohibited the Justice Department from using appropriated money to overturn certain rules under our antitrust laws. This responded to the filing of a brief in the Supreme Court by the Justice Department urging a revision of its precedents on resale price maintenance, and the legislation effectively blocked the Department from filing similar briefs.
In conclusion, we should not allow taxpayer dollars to be used to misrepresent the meaning of the Second Amendment on behalf of a partisan, political agenda. We should defend the Constitution against such ideological attacks. We should protect taxpayers from being forced to subsidize ideological gambits. And we should ensure that the Constitution is not misused to undermine gun safety legislation that could save the lives of many innocent Americans.
I hope my colleagues will support the bill, and I ask unanimous consent that the text of the legislation be printed in the Record, along with some related materials about this matter.
Mr. Speaker, I thank the gentleman for yielding me this time, and I thank the gentleman from California (Mr. Waxman) and clearly the gentleman from New York (Mr. McHugh) for taking the leadership to…
Mr. Speaker, I thank the gentleman for yielding me this time, and I thank the gentleman from California (Mr. Waxman) and clearly the gentleman from New York (Mr. McHugh) for taking the leadership to move forward on this.
Mr. Speaker, it is an unusual day in America when people can look to the Congress and understand that we may really solve a problem. If we can agree on something being a problem, it should not be hard to fix it. The debate ought to be around what does it take to bring about a solution, but we have to agree there is a problem.
There is no question but that when one charges more for a monopoly like the Postal Service, when one charges more money for something than one is supposed to, then that is an unfair tax on the people, just as if the Congress had passed the tax. Two, it has a stifling effect on the economy and all of those businesses, but just as importantly, all of those individual human beings that use the Postal Service for everything from mailing their monthly bills to mailing out anniversary and Christmas cards. Three, they have not been able to figure out in the past how to take care of funding the Civil Service Retirement System adequately.
It is a red letter day when the Republicans and Democrats can come together on a bill that they agree solves a problem.
Mr. Speaker, that is what we have here today. We have had anthrax in the Postal Service, we have had the situation of rate increases in the Postal Service, we have had the situation in the Postal Service where we are dealing with a down economy, but this is a real shot in the arm for this organization. One, we are going to be able to use the excess monies to go into funding the operational aspects for fiscal years 03, 04 and 05. The second thing we are going to be able to do is to fix the Civil Service Retirement System. And the third thing we are going to be able to do is to move the Postal Service more towards a sound financial setting.
I have heard from the mail carriers, I have heard from the postmasters, I have heard from the newspaper organizations and the magazine organizations. The one group that I have not heard from are the consumers of America, the individual people, because they have not been aware that this problem has been going forward.
So, Mr. Speaker, it is really an exciting day, truly an exciting day when people can come together in this Congress, in this House, and solve problems.
Now, having said that, I think we all have to recognize that this gives the Postal Service a couple additional years of opportunity to look at their organization, to look at the things they have to do, to make this a more efficient, more effective service. It is the largest single business in this country. There is no business bigger. We always talk about the Fortune 500 or the top 100 or whatever. There is no business in this Nation that is as large as the U.S. Postal Service in terms of its economic impact, its economic might, and its economic power. It can also be an economic drag, because this Nation cannot run without that service.
So to the extent that we are able to find billions of dollars and move them into the operational side, move them into the side to reduce the capital expenditure demands for increased funding, there is no question but what that does is give us the ability to be able to more effectively deal with the economy of this country.
This is a couple billion dollars a year, but the cumulative effect would have been $70 billion, 7 followed by 0, 0, 0, 0, 0, 0, 0, 0, 0. As Senator Dirksen once said, If you take a billion here and a billion there, pretty soon it adds up to real money.
So what we are doing today is taking the first giant step towards solving a real money problem for the American people. What we are doing today is starting the long-range fix of the problem in the Postal Service to the benefit of the employees, to the benefit of the consumers, to the benefit of the users, and to the benefit of the economy of America.
I say to the gentleman from Virginia (Mr. Davis), I sincerely applaud you as the chairman of the committee that has drafted this in the first couple of months in the Congress. The gentleman from California (Mr. Waxman) has done the same thing. They have come together in a committee that had historically a lot of contention. They have come together to move forward on something that is for the good of all of the people of this great country, and so I thank the gentleman from New York (Mr. McHugh) for having planted the seed and kept the tree nurtured until the others could seize upon it.
This is a red letter day for the people of America, and I urge my colleagues to support it unanimously.
Mr. President, I rise today to introduce a bill to address the growing problem of Canadian waste shipments to Michigan. In 2001, Michigan imported almost 3.6 million tons of municipal solid waste,…
Mr. President, I rise today to introduce a bill to address the growing problem of Canadian waste shipments to Michigan.
In 2001, Michigan imported almost 3.6 million tons of municipal solid waste, more than double the amount that was imported in 1999. This gives Michigan the unduly distinction of being the third largest dumping ground of waste in the United States.
My colleagues may be surprised to know that the biggest source of this waste was not another State, but our neighbor to north, Canada. More than half the waste that was shipped to Michigan in 2001 was from Ontario, Canada, and these imports are growing rapidly. On January 1, 2003, as another Ontario landfill closed its doors, the City of Toronto switched from shipping two-thirds of its trash, to shipping all of its trash--1.1 million tons--to a Michigan landfill. And this deal could last 20 years! Experts predict that soon there will be virtually no local disposal capacity in Ontario, which could mean even more waste being shipped across the border to Michigan.
Not only does this waste dramatically decrease Michigan's own landfill capacity, but it has a tremendous negative impact on Michigan's environment and the public health of citizens. Currently, Canadian municipal solid waste is sent to landfills in seven different Michigan counties--Genesee, Huron, Macomb, Monroe, Oakland, Washtenaw, and Wayne counties. Based on current usage statistics, the Michigan Department of Environmental Quality, DEQ, estimates that Michigan has capacity for 15-17 years of disposal in landfills. However, with the proposed dramatic increase in importation of waste, this capacity is less than 10 years. The Michigan DEQ estimates that for every five years of disposal of Canadian waste at the current usage volume, Michigan is losing a full year of landfill capacity. The Canadian waste also hampers the effectiveness of Michigan's State and local recycling efforts, since Ontario does not have a bottle law requiring recycling.
These Canadian waste shipments also present a threat to homeland security. Currently, 130 truckloads of waste come into Michigan each day from Canada. These trucks cross the Ambassador Bridge and Blue Water Bridge and travel through the busiest parts of Metro Detroit. In addition to causing traffic delays, and filling our air with the stench of exhaust and garbage, these trucks also present a security risk at our Michigan-Canadian border, since by their nature trucks full of garbage are harder for Customs agent to inspects then traditional cargo.
Last year, I joined with Senator Levin and Congressman Dingell to introduce legislation to enforce the protections that Michigan is already entitled to which are contained in an international agreement between the United States and Canada. I continue to be supportive of this bill and I was proud to join as an original co-sponsor when it was reintroduced last month. However, with the recent landfill closings in Ontario, this problem has spiraled out of control.
That is why today I am introducing ``the Canadian Waste Import Ban Act of 2003.'' This bill would stop these shipments by placing an immediate federal ban on the importation of Canadian municipal solid waste. The ban will be in place until the EPA enforces ``the Agreement Concerning the Transboundary Movement of Hazardous Waste.'' Under this existing agreement, the EPA is supposed to receive notification of Canadian waste shipments, and then would have 30 days to consent or object to the shipment. Not only have these notification provisions not been enforced, but the EPA has indicated that they would not object to the municipal waste shipments.
In addition, the bill requires the EPA to Michigan's or any State's consent before receiving any shipment of Canadian municipal solid waste. In enforcing the agreement, the EPA must obtain the consent of the receiving State, before consenting to a Canadian municipal solid waste shipment. The EPA must also consider the impact of the shipment on homeland security, the environment, and public health.
This legislation will stop the importation of Canadian trash until Michigan residents are given the voice they deserve in deciding whether or not this waste should be sent to their landfills. We need to give the states a real voice in these decisions and my bill guarantees that the states through the EPA will get to decide whether or not they want to receive this Canadian waste. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. Speaker, I thank the gentlewoman for yielding me time. This rule does not allow the Democrats to make the amendments which are appropriate on the environmental side. The gentleman from West…
Mr. Speaker, I thank the gentlewoman for yielding me time.
This rule does not allow the Democrats to make the amendments which are appropriate on the environmental side. The gentleman from West Virginia (Mr. Rahall) is looking at an innovative, more balanced approach to Federal lands, and the gentleman from Michigan (Mr. Dingell), to ensure that our hydroelectric laws are protected so that conservation and fishing and other issues are given the same weight as the generation of electricity.
The Waxman amendment would reduce imported oil by 600,000 barrels. The amount that we import from Iraq, that is not put in order.
The Oberstar amendment, which would change the relationship between the Clean Water Act and oil and gas drilling in the United States, reducing the amount of protections that are given against the water of our country being polluted.
And at a higher level, this bill, in general, is completely unbalanced.
I think the American people, as they are watching this debate, probably assume that since we put 70 percent of all of the oil which we consume in this country into gasoline tanks, that we will probably be changing that so we can reduce the amount of oil that SUVs and light trucks and automobiles consume in our country, so that Iran and Saudi Arabia and other countries, we are not sucked even deeper into their internal affairs. But no, the majority bill, the Republican bill, does not do anything about our dependence on imported oil, due to our ever- increasing dependence on imported oil because of the inefficiency of our vehicles.
The Democrats want to make these vehicles more efficient, keep the same size weight and the same safety, but make sure that they consume less oil. We are at 65 percent dependence upon imported oil today. We will be at 75 and 80 percent by 2010 and 2015 on imported oil unless we do something about where we put that oil after we bring it into our country.
This is not a fair rule. Other amendments should have been put in order. I urge a ``no.''
Mr. Speaker, will the gentleman yield?
Mr. Speaker, that is an excellent amendment. I am looking forward to the gentleman's support on that when we debate it, yes.
Mr. Speaker, that, as well, is an amendment which we are hoping for support.
Mr. Speaker, I am not saying it is a totally bad rule. Obviously, there are some amendments which have been put in order that are appropriate.
What we are saying is that the American people have an expectation that the Congress of our country, at a minimum, would look at all of the rest of the issues, as well, and not exclude them from debate here on the House floor.
Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, this is a momentous debate. With 250,000 young men and women in Iraq fighting for all of us, we know that this Congress has a tremendous responsibility as we consider our national energy policy for the next decade to make decisions which will make it less likely that we are drawn into global conflicts in the future because of our dependence upon imported oil. That is why the provision which the gentleman from Michigan (Mr. Dingell) and others asked to be put in
order out here on the House floor, that is why the Waxman amendment, that is why the Dingell amendment, which deals with fraud in the electricity marketplace, that is why the Rahall amendment and so many of the other issues we were talking about, are so central.
The gentleman from Michigan (Mr. Dingell) is raising the issue in the electricity marketplace of whether or not we are going to deal with the issue of fraud, of ensuring that we have an audit trail, which is going to make it possible for us to track activity which undermines the integrity of the marketplace; and that debate is a critical one here today.
In addition, we are going to debate whether or not we should be drilling in the pristine Arctic wilderness. Should we be going to the pristine wilderness of our country before we ensure that the motor vehicles in our country, the SUVs, the light trucks, the automobiles that are in our national fleet, are made more efficient.
Under the majority provision here today, we do not do anything about that. Instead, we turn to this pristine area in our country first. I believe that that is morally wrong, that we have a responsibility first to deal with the technologies that consume the energy in our society.
Mr. President, it is with great pleasure that I join my good friend and colleague, Senator Bunning today in introducing legislation that will repeal the Special Occupational Tax, (SOT), on taxpayers…
Mr. President, it is with great pleasure that I join my good friend and colleague, Senator Bunning today in introducing legislation that will repeal the Special Occupational Tax, (SOT), on taxpayers who manufacture, distribute, and sell alcoholic beverages. The special occupational tax is
not a tax on alcoholic products, but rather operates as a license fee on businesses. The tax is imposed on those engaged in the business of selling alcohol beverages. Believe it or not, this tax was originally established to help finance the Civil War. That war is over, and this inequitable tax has outlived its original purpose. Clearly an example of an anticipated approach to Federal taxation, repealing the SOT has an element of simplification in it.
The SOT on alcohol dramatically increased during the budget process in 1988 and has unfairly burdened business owners across the country since. From Thompson Falls to Sidney, from Chinook to Billings, small businesses are burdened with yet another tax in the form of the SOT. According to the ATF, there are 480,427 locations nationwide that pay SOT's every year, including 485,603 retailers. These retail establishments account for $114 million out of $126 million in SOT revenues.
In Montana, there are 3,378 locations, including 3,254 restaurants and 494 convenience stores, which pay nearly $2 million dollars in the SOT every year. Seasonal resorts in Whitefish and Yellowstone, ``mom and pop'' convenience stores in Butte, and allowing alleys, flower shops, and restaurants across Montana, and the United States, pay the Federal Government almost $100 million per year for the privilege of running businesses that sell beer, wine, or alcoholic beverages.
The SOT is extremely regressive. Retailers must annually pay $250 per location; wholesalers pay $500; vintners and distillers pay $1000. Because the SOT is levied on a per location basis, a sole proprietorship must pay the same amount as one of the Nation's largest retailers, and locally-owned chains having to pay per location, would have to pay as much as, if not more than, the Nation's largest single site brewery. In testimony before the Finance Committee last spring, a small business owner from Helena, MT who runs four convenience stores and three restaurants said it best. ``Whether it's a seasonal restaurant, an Elks Lodge or American Legion, a bowling center, campground, a florist who delivers gift baskets containing wine, or a convenience store operator, no one is spared from the tax.'' This is not what Congress had in mind 150 years ago, and I don't believe it's a situation we want today.
Repealing the SOT on alcohol is supported by a broad-based group of business organizations and enjoys wide-spread bipartisan support on Capital Hill. Similar legislation is being introduced in the House today, and a bill, identical to this one, was introduced in the previous Congress, but for one reason or another, the law was not enacted.
The legislation preserves ATF's record-keeping requirements, while removing the agency's enforcement burden, and will save up to $2 million per year. The GAO examined SOT efficacy several times, and found it fundamentally flawed. The Joint Committee on Taxation called for the elimination of SOT in its June 2001 simplification study.
More than 90 percent of all SOT revenue comes from retailers--a great majority of that number are small businesses. Recently, President Bush met with a group of small business owners and employees in St. Louis. He said, ``The best way to encourage job growth is to let [small businesses] keep more of their own money, so they can invest in their business and make it easier for somebody to find work.'' Repealing the SOT would provide an immediate and visible tax cut to small business owners.
Now, as the Federal Government considers ways to provide additional economic stimulus to the people who need it most, the time is right for us to move forward and enact this legislation to repeal the SOT an alcohol. We urge our colleagues to join us in this endeavor.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. Speaker, I appreciate the gentleman from Maryland (Mr. Hoyer) yielding to me. Mr. Speaker, the House will convene on Monday at 12:30 p.m. for morning hour and 2 p.m. for legislative business. We…
Mr. Speaker, I appreciate the gentleman from Maryland (Mr. Hoyer) yielding to me.
Mr. Speaker, the House will convene on Monday at 12:30 p.m. for morning hour and 2 p.m. for legislative business. We will consider several measures under a suspension of the rules and a final list sent to Members' offices by the end of the week.
We may also consider a motion to go to conference on the Armed Services Tax Fairness Act and any votes called on these measures, though, will be rolled until 6:30 p.m.
On Tuesday we expect to consider several additional bills under suspension of the rules, as well as S. 380, which is virtually identical to the Postal Service Reform Bill that we had scheduled for consideration tonight.
For Wednesday and the balance of the week we have several measures that we will consider under a rule. These include the gun manufacturers liability Reform Bill that was reported by the Committee on the Judiciary earlier today, the comprehensive energy policy bill, the FY 2004 Budget Resolution Conference Report, and the Conference Report on the FY 2003 War Supplemental.
I would note for Members that we plan to stay in session into the weekend if necessary in order to complete the supplemental before our spring recess.
I thank the gentleman for yielding, and I am happy to answer any questions.
I appreciate the gentleman yielding and I wish I could give him a more definite answer. We are trying to consider how we would approach this very important bill and we want to get it out before the Easter break. And the best I can tell the gentleman is it looks like we are going to conference on it or we want to go to conference on it. But I do not want to mislead him. There may be other alternatives available to us after we consider work with the Senate.
Absolutely, I will let the gentleman know, so he will have plenty of time to write a motion to instruct.
If the gentleman would yield, ``definitely'' is a very tough word in this business and on this floor. I would think, looking at the work ahead of us, that the probability of having votes on Friday is more to the affirmative than to the negative.
If the gentleman would yield, I do want to repeat that it is very possible that we could have votes on Friday and we intend to pass the War Supplemental Conference Report and send it to the President before we break for the break. And if things get a little difficult, we could actually be here through the weekend.
If the gentleman would yield, I have not personally consulted with the Speaker or the rest of the leadership, but it is my own understanding that the conference report on the budget is as important as doing the supplemental. But the word that I have is things are progressing with that conference report. There are very few issues to resolve, and we have the greatest expectation that that conference report will be on the floor sometime next week and will not slow down our ability to go into the Easter break.
If the gentleman would yield, the gentleman is very well aware that we reinstituted a very important rule called the Gephardt rule that includes in the budget conference report the number that is needed in order to raise the debt ceiling. So the vote on the conference report as far as the House is concerned is the vote on the debt ceiling.
I think it is a different rule. I think it is the Hastert rule now.
If the gentleman would yield, as the gentleman knows, this is a very complicated piece of legislation that has had at least four committees consider. All four committees have reported, and we have to get together with the minority to pull this bill together and bring it to the floor, and we hope to schedule that bill for some time on Wednesday; if not Wednesday, on Thursday of next week.
The discussion in the Committee on Rules has not been forthcoming, and certainly we would hope that a rule would be fashioned to give every Member of the House the greatest opportunity to express himself on a very important and complicated piece of legislation like the energy bill.
Mr. President, our tribal colleges and universities have come to play a critically important role in educating Native Americans across the country. For more than 30 years, these institutions have…
Mr. President, our tribal colleges and universities have come to play a critically important role in educating Native Americans across the country. For more than 30 years, these institutions have proven instrumental in providing a quality education for those who had previously been failed by our mainstream educational system. Before the tribal college movement began, only six or seven out of 100 Native American students attended college. Of those few, only one or two would graduate with a degree. Since these institutions have curricula that is culturally relevant and is often focused on a tribe's particular philosophy, culture, language and economic needs, they have a high success rate in educating Native American people.
I had the honor today of meeting with students, faculty and presidents from South Dakota's tribal colleges to talk about the educational needs of Native Americans and the role tribal colleges play in strengthening tribal communities. It, like so many of the meetings I have had with representatives of tribal colleges, was a fascinating conversation. I am consistently impressed by the enduring spirit, sense of community and hope for a better quality of life that these institutions support. After meeting these students and educators, I have no doubt that the future of Indian Country is in good hands.
The results of a tribal college education are impressive. Recent studies show that 91 percent of 1998 tribal college and university graduates are working or pursuing additional education one year after graduating. In addition, the unemployment rate of recently polled tribal college graduates was 15 percent, compared to 55 percent on many reservations overall.
While tribal colleges and universities have been highly successful in helping Native Americans obtain a higher education, many challenges remain to ensure the future success of these institutions. These schools rely heavily on Federal resources to provide educational opportunities for all students. As a result, I strongly support efforts to provide additional funding to these colleges through the Interior, Agriculture and Labor, Health and Human Services, and Education Appropriations bills.
In addition to resource constraints, administrators have expressed a particular frustration over the difficulty they experience in attracting qualified individuals to teach at tribal colleges. Geographic isolation and low faculty salaries have made recruitment and retention particularly difficult for many of these schools. This problem is increasing as enrollment rises.
That is why I am introducing the Tribal College and University Teacher Loan Forgiveness Act. This legislation will provide loan forgiveness to individuals who commit to teach for up to five years in one of the 34 tribal colleges nationwide. Individuals who have Perkins, Direct, or Guaranteed loans may qualify to receive up to $15,000 in loan forgiveness. This program will provide these schools extra help in attracting qualified teachers, and thus help ensure that deserving students receive a high quality education.
This measure will benefit individual students and their communities. By providing greater opportunities for Native American students to develop skills and expertise, this bill will spur economic growth and help bring prosperity and self-sufficiency to communities that desperately need it. Native Americans and the tribal college system deserve nothing less. I believe our responsibility was probably best summed up by one of my state's greatest leaders, Sitting Bull. He once said, ``Let us put our minds together and see what life we can make for our children.''
I am pleased that Senator's Baucus, Bingaman, Conrad, Johnson, and Kohl are original cosponsors of this bill, and I look forward to working with my colleagues to pass this important legislation.
I ask unanimous consent that the text of the Tribal College and University Teacher Loan Forgiveness Act be printed in the Record.
Mr. Speaker, I thank the gentleman from California for yielding me time. Mr. Speaker, as the ranking minority member of the Committee on Government Reform's Special Panel on Postal Reform and…
Mr. Speaker, I thank the gentleman from California for yielding me time.
Mr. Speaker, as the ranking minority member of the Committee on Government Reform's Special Panel on Postal Reform and Oversight, I rise in support of S. 380, the Postal Civil Service Retirement System Funding Reform Act of 2003. As an original cosponsor of the House version, H.R. 735, I am pleased to join my colleagues in the consideration of S. 380, legislation which will correct the way payments are made to the Civil Service Retirement System.
At this time, Mr. Speaker, I want to thank especially the chairman of this committee, the gentleman from Virginia (Mr. Tom Davis), and the ranking member, the gentleman from California (Mr. Waxman), for their ability to come together in a unified, bipartisan way, to reach agreement and bring to the floor this legislation in a very timely manner.
I also want to thank the gentleman from New York (Mr. McHugh), who has provided leadership on postal issues for a number of years, and all of their staffs, as well as my staff, for the enormous time and effort spent in crafting H.R. 735.
I am particularly proud of the fact that we have worked together in a productive, constructive, and bipartisan manner. We have begun the 108th Congress on a very positive note, and we look forward to the continuation of that in our committee.
I would also like to thank the Senate for striking their language and substituting the language from our bill, H.R. 735, and including the military study language of the gentleman from Virginia (Mr. Tom Davis).
Since the introduction of the House postal pension bill and throughout the committee's markup process, I received hundreds of letters from members of the business mailing community expressing support of the legislation and urging quick action. I was pleased to have been contacted by so many businesses in the Chicago area and within the State of Illinois.
In the face of a depressing economy and a swift and steady decline in mail volume, businesses and consumers are in no mood for postage rate increases. To that end, I am pleased that the bill before us not only corrects the calculation of the postal service's contributions to the CSRS fund, it will also allow the postal service to hold off on rate increases for at least 2 years, while allowing the postal service to reduce its $11.9 billion debt.
Mr. Speaker, I appreciate the opportunity to express my support for this important legislation. Although this is a good bill, it is not a perfect bill. At the appropriate time, I certainly expect to express support for the military amendment of the gentleman from California (Mr. Waxman), an amendment which would retain current law with respect to Treasury paying the costs related to the military service of employees in the Civil Service Retirement System.
Practically all of the postal service's stakeholders are in support of this legislation: printers, mailers, the unions, and the consuming public. It is a good bill. I urge its passage.
Again, I commend the chairman and ranking member for their leadership.
Mr. Speaker, I simply rise in support of the Waxman amendment. But I also rise in support of the agreement that the gentleman from Virginia (Mr. Tom Davis) and the gentleman from California (Mr. Waxman) have been able to arrive at.
I think once again this is an indication of the manner in which the chairman and ranking member of the Committee on Government Reform have been able to provide leadership that moves us from the discussion point to
the position of being able to actually do something. And so I commend both of the gentlemen for their diplomacy, for their leadership, and for their legislative skill.
Bill Text
5 versions available
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 380 Enrolled Bill (ENR)]
S.380
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To amend chapter 83 of title 5, United States Code, to reform the
funding of benefits under the Civil Service Retirement System for
employees of the United States Postal Service, and for other purposes.
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 ``Postal Civil Service Retirement
System Funding Reform Act of 2003''.
SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.
(a) Definitions.--Section 8331 of title 5, United States Code, is
amended--
(1) in paragraph (17)--
(A) by striking ```normal cost''' and inserting ```normal-
cost percentage'''; and
(B) by inserting ``and standards (using dynamic
assumptions)'' after ``practice'';
(2) by amending paragraph (18) to read as follows:
``(18) `Fund balance' means the current net assets of the Fund
available for payment of benefits, as determined by the Office in
accordance with appropriate accounting standards, but does not
include any amount attributable to--
``(A) the Federal Employees' Retirement System; or
``(B) contributions made under the Federal Employees'
Retirement Contribution Temporary Adjustment Act of 1983 by or
on behalf of any individual who became subject to the Federal
Employees' Retirement System;''; and
(3) by striking ``and'' at the end of paragraph (27), by
striking the period at the end of paragraph (28) and inserting ``;
and'', and by adding at the end the following:
``(29) `dynamic assumptions' means economic assumptions that
are used in determining actuarial costs and liabilities of a
retirement system and in anticipating the effects of long-term
future--
``(A) investment yields;
``(B) increases in rates of basic pay; and
``(C) rates of price inflation.''.
(b) Deductions and Contributions.--
(1) In general.--Section 8334(a)(1) of title 5, United States
Code, is amended--
(A) by striking ``(a)(1)'' and inserting ``(a)(1)(A)'';
(B) by designating the matter following the first sentence
as subparagraph (B)(i) and aligning the text accordingly;
(C) in subparagraph (B)(i) (as so designated by
subparagraph (B)), by striking ``An equal'' and inserting
``Except as provided in clause (ii), an equal''; and
(D) by adding at the end the following:
``(ii) In the case of an employee of the United States Postal
Service, the amount to be contributed under this subparagraph shall
(instead of the amount described in clause (i)) be equal to the product
derived by multiplying the employee's basic pay by the percentage equal
to--
``(I) the normal-cost percentage for the applicable employee
category listed in subparagraph (A), minus
``(II) the percentage deduction rate that applies with respect
to such employee under subparagraph (A).''.
(2) Conforming amendments.--Section 8334(k) of title 5, United
States Code, is amended--
(A) in paragraph (1)(A), by striking ``the first sentence
of subsection (a)(1) of this section'' and inserting
``subsection (a)(1)(A)'';
(B) in paragraph (1)(B)--
(i) by striking ``the second sentence of subsection
(a)(1) of this section'' and inserting ``subparagraph (B)
of subsection (a)(1)''; and
(ii) by striking ``such sentence'' and inserting ``such
subparagraph''; and
(C) in paragraph (2)(C)(iii), by striking ``the first
sentence of subsection (a)(1)'' and inserting ``subsection
(a)(1)(A)''.
(c) Postal Supplemental Liability.--Subsection (h) of section 8348
of title 5, United States Code, is amended to read as follows:
``(h)(1)(A) For purposes of this subsection, `Postal supplemental
liability' means the estimated excess, as determined by the Office,
of--
``(i) the actuarial present value of all future benefits
payable from the Fund under this subchapter attributable to the
service of current or former employees of the United States Postal
Service, over
``(ii) the sum of--
``(I) the actuarial present value of deductions to be
withheld from the future basic pay of employees of the United
States Postal Service currently subject to this subchapter
pursuant to section 8334;
``(II) the actuarial present value of the future
contributions to be made pursuant to section 8334 with respect
to employees of the United States Postal Service currently
subject to this subchapter;
``(III) that portion of the Fund balance, as of the date
the Postal supplemental liability is determined, attributable
to payments to the Fund by the United States Postal Service and
its employees, including earnings on those payments; and
``(IV) any other appropriate amount, as determined by the
Office in accordance with generally accepted actuarial
practices and principles.
``(B)(i) In computing the actuarial present value of future
benefits, the Office shall include the full value of benefits
attributable to military and volunteer service for United States Postal
Service employees first employed after June 30, 1971, and a prorated
share of the value of benefits attributable to military and volunteer
service for United States Postal Service employees first employed
before July 1, 1971.
``(ii) Military service so included shall not be included in the
computation of any amount under subsection (g)(2).
``(2)(A) Not later than June 30, 2004, the Office shall determine
the Postal supplemental liability as of September 30, 2003. The Office
shall establish an amortization schedule, including a series of equal
annual installments commencing September 30, 2004, which provides for
the liquidation of such liability by September 30, 2043.
``(B) The Office shall redetermine the Postal supplemental
liability as of the close of the fiscal year, for each fiscal year
beginning after September 30, 2003, through the fiscal year ending
September 30, 2038, and shall establish a new amortization schedule,
including a series of equal annual installments commencing on September
30 of the subsequent fiscal year, which provides for the liquidation of
such liability by September 30, 2043.
``(C) The Office shall redetermine the Postal supplemental
liability as of the close of the fiscal year for each fiscal year
beginning after September 30, 2038, and shall establish a new
amortization schedule, including a series of equal annual installments
commencing on September 30 of the subsequent fiscal year, which
provides for the liquidation of such liability over 5 years.
``(D) Amortization schedules established under this paragraph shall
be set in accordance with generally accepted actuarial practices and
principles, with interest computed at the rate used in the most recent
dynamic actuarial valuation of the Civil Service Retirement System.
``(E) The United States Postal Service shall pay the amounts so
determined to the Office, with payments due not later than the date
scheduled by the Office.
``(F) An amortization schedule established under subparagraph (B)
or (C) shall supersede any amortization schedule previously established
under this paragraph.
``(3) Notwithstanding any other provision of law, in computing the
amount of any payment under any other subsection of this section that
is based upon the amount of the unfunded liability, such payment shall
be computed disregarding that portion of the unfunded liability that
the Office determines will be liquidated by payments under this
subsection.
``(4) Notwithstanding any other provision of this subsection, any
determination or redetermination made by the Office under this
subsection shall, upon request of the Postal Service, be subject to
reconsideration and review (including adjustment by the Board of
Actuaries of the Civil Service Retirement System) to the same extent
and in the same manner as provided under section 8423(c).''.
(d) Repeals.--
(1) In general.--The following provisions of law are repealed:
(A) Subsection (m) of section 8348 of title 5, United
States Code.
(B) Subsection (c) of section 7101 of the Omnibus Budget
Reconciliation Act of 1990 (5 U.S.C. 8348 note).
(2) Rule of construction.--Nothing in this subsection shall be
considered to affect any payments made before the date of the
enactment of this Act under either of the provisions of law
repealed by paragraph (1).
(e) Military Service Proposals.--
(1) Proposals.--The United States Postal Service, the
Department of the Treasury, and the Office of Personnel Management
shall, by September 30, 2003, each prepare and submit to the
President, the Congress, and the General Accounting Office
proposals detailing whether and to what extent the Department of
the Treasury or the Postal Service should be responsible for the
funding of benefits attributable to the military service of current
and former employees of the Postal Service that, prior to the date
of the enactment of this Act, were provided for under section
8348(g)(2) of title 5, United States Code.
(2) GAO review and report.--Not later than 60 days after the
Postal Service, the Department of the Treasury, and the Office of
Personnel Management have submitted their proposals under paragraph
(1), the General Accounting Office shall prepare and submit a
written evaluation of each such proposal to the Committee on
Government Reform of the House of Representatives and the Committee
on Governmental Affairs of the Senate.
SEC. 3. DISPOSITION OF SAVINGS ACCRUING TO THE UNITED STATES POSTAL
SERVICE.
(a) In General.--Savings accruing to the United States Postal
Service as a result of the enactment of this Act--
(1) shall, to the extent that such savings are attributable to
fiscal year 2003 or 2004, be used to reduce the postal debt (in
consultation with the Secretary of the Treasury), and the Postal
Service shall not incur additional debt to offset the use of the
savings to reduce the postal debt in fiscal years 2003 and 2004;
(2) shall, to the extent that such savings are attributable to
fiscal year 2005, be used to continue holding postage rates
unchanged and to reduce the postal debt, to such extent and in such
manner as the Postal Service shall specify (in consultation with
the Secretary of the Treasury); and
(3) to the extent that such savings are attributable to any
fiscal year after fiscal year 2005, shall be considered to be
operating expenses of the Postal Service and, until otherwise
provided for by law, shall be held in escrow and may not be
obligated or expended.
(b) Amounts Saved.--
(1) In general.--The amounts representing any savings accruing
to the Postal Service in any fiscal year as a result of the
enactment of this Act shall be computed by the Office of Personnel
Management for each such fiscal year in accordance with paragraph
(2).
(2) Methodology.--Not later than July 31, 2003, the Office of
Personnel Management shall--
(A) formulate a plan specifically enumerating the actuarial
methods and assumptions by which the Office shall make its
computations under paragraph (1); and
(B) submit such plan to the Committee on Government Reform
of the House of Representatives and the Committee on
Governmental Affairs of the Senate.
(3) Requirements.--The plan shall be formulated in consultation
with the Postal Service and shall include the opportunity for the
Postal Service to request reconsideration of computations under
this subsection, and for the Board of Actuaries of the Civil
Service Retirement System to review and make adjustments to such
computations, to the same extent and in the same manner as provided
under section 8423(c) of title 5, United States Code.
(c) Reporting Requirement.--The Postal Service shall include in
each report rendered under section 2402 of title 39, United States
Code, the amount applied toward reducing the postal debt, and the size
of the postal debt before and after the application of subsection (a),
during the period covered by such report.
(d) Sense of Congress.--It is the sense of the Congress that--
(1) the savings accruing to the Postal Service as a result of
the enactment of this Act will be sufficient to allow the Postal
Service to fulfill its commitment to hold postage rates unchanged
until at least 2006;
(2) because the Postal Service still faces substantial
obligations related to postretirement health benefits for its
current and former employees, some portion of the savings referred
to in paragraph (1) should be used to address those unfunded
obligations; and
(3) none of the savings referred to in paragraph (1) should be
used in the computation of any bonuses for Postal Service
executives.
(e) Postal Service Proposal.--
(1) In general.--The United States Postal Service shall, by
September 30, 2003, prepare and submit to the President, the
Congress, and the General Accounting Office its proposal detailing
how any savings accruing to the Postal Service as a result of the
enactment of this Act, which are attributable to any fiscal year
after fiscal year 2005, should be expended.
(2) Matters to consider.--In preparing its proposal under this
subsection, the Postal Service shall consider--
(A) whether, and to what extent, those future savings
should be used to address--
(i) debt repayment;
(ii) prefunding of postretirement healthcare benefits
for current and former postal employees;
(iii) productivity and cost saving capital investments;
(iv) delaying or moderating increases in postal rates;
and
(v) any other matter; and
(B) the work of the President's Commission on the United
States Postal Service under section 5 of Executive Order 13278
(67 Fed. Reg. 76672).
(3) GAO review and report.--Not later than 60 days after the
Postal Service submits its proposal pursuant to paragraph (1), the
General Accounting Office shall prepare and submit a written
evaluation of such proposal to the Committee on Government Reform
of the House of Representatives and the Committee on Governmental
Affairs of the Senate.
(4) Legislative action.--Not later than 180 days after it has
received both the proposal of the Postal Service and the evaluation
of such proposal by the General Accounting Office under this
subsection, Congress shall revisit the question of how the savings
accruing to the Postal Service as a result of the enactment of this
Act should be used.
(f) Determination and Disposition of Surplus.--
(1) In general.--If, as of the date under paragraph (2), the
Office of Personnel Management determines (after consultation with
the Postmaster General) that the computation under section
8348(h)(1)(A) of title 5, United States Code, yields a negative
amount (hereinafter referred to as a ``surplus'')--
(A) the Office shall inform the Postmaster General of its
determination, including the size of the surplus so determined;
and
(B) the Postmaster General shall submit to the Congress a
report describing how the Postal Service proposes that such
surplus be used, including a draft of any legislation that
might be necessary.
(2) Determination date.--The date to be used for purposes of
paragraph (1) shall be September 30, 2025, or such earlier date as,
in the judgment of the Office, is the date by which all postal
employees under the Civil Service Retirement System will have
retired.
(g) Definitions.--For purposes of this section--
(1) the savings accruing to the Postal Service as a result of
the enactment of this Act shall, for any fiscal year, be equal to
the amount (if any) by which--
(A) the contributions that the Postal Service would
otherwise have been required to make to the Civil Service
Retirement and Disability Fund for such fiscal year if this Act
had not been enacted, exceed
(B) the contributions made by the Postal Service to such
Fund for such fiscal year; and
(2) the term ``postal debt'' means the outstanding obligations
of the Postal Service, as determined under chapter 20 of title 39,
United States Code.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
on the date of the enactment of this Act, except that the amendments
made by section 2(b) shall apply with respect to pay periods beginning
on or after such date.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.